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HomeMy WebLinkAbout1987-02-04 Council PacketKenai City Council Meeting February Packet 4, 1987 $. ' IldTltk'Oi* Af�![AL ft* nonce Is herby pMlnof aregA*farappad de IN of"Kara pw*m a "Oum Pttrw ft cmff wm On aw"y 1981, re f owoi PW.-Ih CWnr*" I , it a requMttor, vacation of taRon WM aaaWnent ftlbwl:,. . A. UWAMN AM MMUWr - PO OM of 66 ft.. aacticn tine EMwnwd cwmn to Sectlorn 2 and 11,. T5N. 'RI i W. SM. AbMoa. NAltrn a* My of KWW. Portion paIN tar Wol"Of mFo* w d34 R M , Wgtlf betwom Anobt D" and the KUM ftiw. . w" and adl Wd to Lot 1. Atgbw Acm Pat Four. 9. PUIIPM - Restrict P&JW sO Ma tlrauph Pfh d Pro• -''- Pertlea and also help mW4Wn ndw drabW of CRY as" and9"A C. pETitt MU MM McKednte -. F*bmka. AK; Jack Gary and Stwa Fodw - S"bw AK; and Don Sown - Soldotna. Alt Publclimwk wwbeheldbythaKNWCtyCouncilanwadnae• day. FaLrury4.1987at7ADPMoraea=tlataittraabueUaee permits, In the KwW CRy Cow4 ctwnbeta. k" M WW" b % ty may attend ft me" to aubffd tegM=y of aubmtt a w mm atd mW t to ft C%r CWk no WK than Fakwry 3.1987. Janet WhMm. CMC MyClwk A: RQLL CALL ` ,.1::pt�011a si.�rtad,n .=Appaaid,'Kaitiiialforot+� . t�;iiMtoir • Hagiaat b ::.v 1394ft:flrlfranAndlt'0►• ::� . .. ::;and IMtia1 E4, Attdefa.lior�r -.fill Q IL Pawn at�oas 10aia► c. twetla ftt aa�a = 1. Qr4wga 1133414.1.- Athait�' tpKanlf Na�p�lCo�u i�1 Or�tiWaa 1t8fL;87-1iM�IMnp.RMIAf10�'!�`'�1t. =4. aarano.'I A-7,47 S.OtdlnWloa 118887. -M faoaCiaaWw 0. Ordiw" 1It"?., Aa kkm iWtMrT 0�11�C�! '. tandaaptnys�is:Plan 7.-&mu a 87•fi • MWPU tii4KtitrdAll�lnl��ltitnR!M, a RMow�Yon ark - flfaday lakt wliji3Ot�ea tii�► - a. 8uppart d flwWletl�WN 1).Raadumn87.7-Cp1loaMl0 0,ef1nldatVaute - Atatka t?worrdCo. b wecc�iaexlnn 10. RMdMon 874 Aiwrdind f Ca!!wlta TAcoCartet� `�- '� .11. RWMwd of Liquo► - LIOWMa Z.fRtid Par�dMoa: EftLadpe Nis 2 40;'~ < :>Qmtttr4auoldtP�oA{?U 12. fMmwd of Liquor - ttoWMa • TiM `- fllm GWdWM 13. •RWAWW of L14uor t iwm Odom Kp itio. ; Lktuor Lloenle •.iarry'sCttib =;:',ra PWYnaM aM 23tOp UQUM U$M* i6t- VO ffae0rraiM a tooepa . wbwmf-Ffeprrnt _ _ Tha pwa to Invited to attend Wd punnip, I 1; r JaneLtfmaon. CMC ft Clean 11 r- AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 4, 1987 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Public Hearing - Appeal of Kenai Peninsula Borough Planning Commission - Request for vacation, 634 ft. Between Angler Dr. and Kenai R., Anglers Acres - by D. McKechnie, J. Foster, G. Foster, S. Foster, D. Brown 2. Agenda Approval 3. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders.- B. WE�SONSPRESENT SC 4]�ULED TO BE HEARD (10 Min.) Ir S.A HEA�iRepresentative, Alaska Power Authority �/ Representatives- Report on Bradley Lake Project C. PUBLIC HEARINGS _i. Ordinance 1133-86 - Amending Kenai Municipal Code - New Townsite Historic Zone a. Substitute Ord. 1133-86 3 2. Delete ✓3. Ordinance 1186-87 - Increasing Rev/Appns - Physical Exam for Senior Citizen Employee - $50 �4 4. Ordinance 1187-87 - Increasing Rev/Appns - State Grant and Donations - Library - $3,383 45. Ordinance 1188-87 - Amending Kenai Municipal Code - Encroachment Permits 76. Ordinance 1189-87 - Amending Kenai Municipal Code - Landscaping/Site Plan 17. Resolution 87-5 - Supporting Kenai Peninsula Community College �8. Resolution 87-6 - Bradley Lake Project and Intertie a. Support of Bradley Lake b. Support of Intertie c. Support of Both lit d- L 1A 9. Resolution 87-7 - Opposing Recording of Trade Name`` Alaska Seafood Co. to Arizona Firm 10. Resolution 87-8 - Awarding Bid, Baggage Conveyor - Trico Const. - $24,500 11. Renewal of Liquor License - Pizza Paradisos - rWw.j o/,r-%tyo Elks Lodge I#2425 American Legion Post 20 - ok*j 12. Renewal of Liquor Licens The Rig Bar - 0*,,Y �/�l�ls Italian Gardens - #0ay i/al/ry MrAA Little Ski Mo Drive Inn -,,,,t ogj .qk VAdJ 114 *Renewal of Liquor License - Oaken Keg ## 58 Kenai Country Liquor .14. Renewal of Liquor License - Larry's Club - oka y 1/.;,9/#'? Kenai Merit Inn �1�4 Peninsula Oilers ,T One Stop Liquors - OA .7/17. -41W, Uptown Motel, VIP Restaurant o & L g3 - at-v windmill 0947 D. COMMISSION REPORTS 1. Planning & Zoning 2. Harbor Commission-` 3. Recreation Commission 4. Library Commission E. MINUTES I. *Regular Meeting, Jan. 21, 1987 F. CORRESPONDENCE 1. *National League of Cities - Thanks for Contribution to Legal Center 2. *Kalifornsky Beach Fire Dept. - Thanks for Mutual Aid Call at Robinson's Grocery Fire 3. Sitka Mayor Keck - Urging State to Maintain Trooper Academy 4. *Sen. Stevens - Funding Moving of FAA Towers G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1190-87 - Amending Kenai Municipal Code - Form Airport Commission 4. Selection of Auditor 5. *Games of Chance & Skill - Eagles ##3525 Auxiliary L :S 6. *Games of Chance & Skill - Emblem Club #455 7. *Games of Chance & Skill - Pioneers of Alaska #16 8. *Games of Chance & Skill - Kenai Chamber of Commerce 9. *Games of Chance & Skill - American Legion #20 10. *Games of Chance & Skill - American Legion Auxiliary 11. Consent to Assignment of Lease - CIIAP - Federal Savings & Loan to lst Federal I. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT C, '�:,:✓.�.- s_ �= a'� �.� � _-v_ _. �.va�_-sue,.-.-- .. .. L 1 COUNCIL_rIEETING OF I V�Aff mm- mmmol mm mmommmmmmmmmmmmmmo■�ummmmmmmmmm mmmmmmm �� COUNCIL MEETING OF I L DEPARTMENT OF FISH AND GILME January 29, 1987 STM COWPAX GOVERNOR 333 RASPBERRY ROAD ANCHORAGE. ALASKA 99518.1599 PHONE: (907) 3444641 Kenai City Council 210 Fidalgo Street Kenai, Alaska 99611 Attention: Janet Whelan, City Clerk Dear Ms. Whelan: Re: Easement Vacation, McKechnie, Foster and Brown (Secs. 2 and 11, T. 5 N., R. it W., S.M.) The Alaska Department of Fish and Game has reviewed the request for appeal of the denial of a vacation of the referenced section line easement. The department remains opposed to this easement vacation for the reasons stated in the enclosed letter to the Kenai Peninsula Borough dated December 23, 1987. Sincerely, Norman A. Cohen, Acting Deputy Commissioner ' G V►,� BY: Philip �Brna Habitat Biologist Habitat Division 267-2284 cc: K. Fenner, KPB S. Spearow, KPB S. Millington, ADNR/Parks Enclosure IN f i ENCLOSURE Demmuber 23, 1986 24r. Kevin Fenner Kenai Peninsula Borough P. 0. Box 850 Soldotna, Alaska 99669 Dear Mr. Fenner: Re: Easement Vacation, Mcxechnie, Foster and Brown ;^ (Secs. 2 and 11, T. SN., R. 11 W., S.M.) L VV The Alaska Department of Fish and Game (ADF&G) has reviewed the proposal by McKechnie, Foster and Brown to vacate a sixty—six foot section line easement common to Sections 2 and 11, Township 5 North, Range 11 West, Seward Meridian. The easement runs approximately 634 feet in length between Angler Drive and the Kenai River. The purpose of the vacation is to restrict public access and also help maintain natural drainage of city streets and a gravel pit. The ADP&G is opposed to the requested easement vacation and recommends that it not be granted. Unrestricted public access to the Kenai River for recreational purposes is very important and should be maintained. The department has no information as to the actual amount of public use that occurs on this easement; however, the mouth of Beaver Creek is a popular sport fishing area. Sport fishing pressure on the Kenai River is steadily increasing and all public access points will be needed in the future. The department has plans to spend several million dollars on the Kenai Peninsula for recreational access and has received inquiries from Kenai River property owners interested in selling property which total over three million dollars. The department does not believe that it is in the public interest to vacate public access easements on one hand and to spend public funds to acquire access on the other. Mr. Kevin Fenner —2- December 23, 1986 Please inform us as to what final action is taken on this proposal. Sincerely, Dennis D. Kelso, Deputy Commissioner BY: Philip J. Brna Habitat Biologist Habitat Division 267-2284 cc: D. Watsjold, ADF&G D. Nelson, AOF&G S. Millington, ADNR P. Gallamore, ADNR 0 CITY OF KENAI .M e.,-id 61 4z2"a,. mo FIQaw ww' a"" eii TBLBAi1OtAM-7M MEMORANDUM TO: Mayor Williams and City Council FROM: Janet Loper, Planning Specialist SUBJECT: Appeal for Request to Vacate: 66' Section Line Easement Adjacent to Lot 1, Angler's Acres S/D - McKechnie/Foster Brothers/Brown DATE: January 29, 1987 Action Requested: Petitioners: Location: Current Use: STAFF COMMENTS Vacate section line easement and replace with drainage easement David McKechnie, Gary, Jack, & Steve Foster, and Don Brown, all adjacent property owners Common to Sections 2 & 11, or the west end of Anglers Drive Vacant - drainage ditch for gravel pit Several property owners and developers have gone before the Borough Planning Commission to request the vacation of a 66' section line easement. The Borough Planning Commission met January 5th. The City of Kenai had not received notification prior to the date. At that meeting, two letters were read into the record from state agencies recommending denial of the vacation request based upon statements which suggests restricting public access. A Since that time, two additional letters were received by the Borough. One recommending objection, one not. One of the applicants, Mr. Jack Foster appeared at that meeting and, hearing the objections, withdrew his request. However, after speaking with the other property owners, and feeling that there were misunderstandings concerning the project, they have decided to proceed with an appeal and request the City of Kenai review the request also, as the project lies within the City. The issue was then brought before the Kenai Planning & Zoning Commission which reviews vacation issues and passes recommendations to the Mayor and Council. The Kenai Planning Commission recommends the Council uphold the Borough decision based on findings of fact: "denial because specific criteria, which is requested by the state agencies was not submitted referring to denial of public access along a section line to the river". (A portion of the unapproved minutes attached.) At the Kenai Planning & Zoning Commission, several documents were submitted and reviewed and are attached to this packet which outline the plan of the applicants pertaining to the boat launching facility as well as the retention of a 25' easement for the drainage ditch and board walkway for public access. On January 29, 1987, I was contacted by Suzanne Millington of the Division of Parks & Outdoor Recreation. Ms. Millington stated that she had read of the appeal and asked for more information which was provided. Ms. Millington stated that the state agencies were not aware that the applicants intended to construct such a facility and if the material submitted to the City could be rushed to her department, it would be reviewed by those state agencies. Ms. Millington was of the opinion that, upon review of the material and the fact that such a facility was to be constructed rather than just restricting access, and the 25' easement for the drainage ditch and public walkway, the agencies may remove their objections. As there is a time factor, letters from those agencies may not reach the Council prior to Council meeting. In that case, Ms. Millington may attend as representative. L 01 Lam.. PENINSULA CLARION RENAI PENINSULA BOROUGH PLANNING COMMISSION PUBLIC HEARING Public Notice is hereby given that a petition has been received to vacate a section line easement and a right-of-way easement. Areas under consideration are described as follows: I. A.- Location and Request: Portion of sixty-six foot section line easement common to Sections 2 and 11, ::Township 5 North, Range 11 West* Seward Meridian• Alaska, within City of Kenai. Portion petitioned for Vacation, approximately 634 feet in length between Angler Drive and the Kenai River; within and adjacent to Lot 1, Anglers Acres Part Four. B. Purpose: Restrict public access through private properties and also help maintain natural drainage of city streets and gravel pit. C. Petitioners: David McKechnie - Fairbanks, Alaska; Jacks Gary and Steve Foster - Soldotna, Alaska; and Don Brown - Soldotna. Alaska one II. A. tion and-Resluest: Vacate sed ADL 63002 right- 0Nanutility easement withi Lot 6 and Lots 8 tBlock 2, Stubblefield division Addition Nin Section 21, Township 4 th, Range 11WMeridian, Alaska. B. Purpose: Water 1 is within unused easeme Access to adjacent propert is provided by other de ated right-of-way. C. Petitioners: Robert N. Jac n; Gene Friendshuh; Alll! Graff; Judy Phipps and Lynn ChrVtensen all of Soldotna, Alaska. ' Public hearing will be held by the Kenai Peninsula Borough Planning commission on Monday, January 5, 1987, commencing at 7:30 P.M., or as soon thereafter as business permits, to be held L L.� ti� BETITION TO VACATE t [ (�) Fees - 8100 non-refundable fee to help defray costs of advertising public hearing. Plat fees are in addition to.vacatioa fees. Public right-of-way dedicated by 810010 ,r•e, :51AI l 07 UCLLLt easements ranted b ) ame o u iv a on y 8 y ) filed in • ) at .Rotor strict .Y$ss Easement for public road or ) as set t i gel'o right-ofway ) I_1 Easement for utilities ) recor e n� * Rgument • Recordi Cibook tm Page � Section line -easement r�ozmatD�� IXI. 9 copies of plat or map showing proposed vocation. If right-of-way or easement wars granted by document, submit cop;*of document. Has sight -of -way been full or partially constructed? 1_I yes or 0 no Is utility easement being used by utility company? j_j yes or no If so, which utility company. ` Purpose of vacation: �U /e_�k.: /r• tt cif f:nl l !' n P!'o •, J rnt 1 .n6i eiur C)cr.e4'.•+i s a niSn jap.( kn lr^ ✓'14r,.:(1L AVALtNNIy , Qf YierC1i �ilc_ ►�lrep4.:. tXrd LNUr /xIMyei Petition to be signed by owners of majority of the front feet of land fronting part of streets section line easements or easement sought to be vacated. Each must include mailing address and legal description of his property. --�^ Submitted bye Name Sk e_ Fo s {W Address Zc 2-y LI&O 2c 2 y i6 0 4 Petitioners t Vacations . X Name �/%r,(� �,,,�� Name )( Address _ /b'4o Ms ka G4� Address ff 3r•�? � _ lin.rb...ek, alaskw 447oq ofit . '-• ��II A Owner Of rerkw. o F b_S Gus t Let• s Owner of Lof I Am, tim AGREE R4dr11 ( escr ppt on of property ( escr pt on of property stc4, A T �N Rtla! sµ. Ak. as Uncrsk S s1. a 45X )(R. D. Name / ) L— . Name �' ! Address qqtl Address _ 'P aOx Owner of _ oT NGLret /ir'1PCS Owner of Lot I hnuM ifuttS TART ( escr pt on o� property (aesesipt%a of property Imme Aosss.s �O vQr iee,_e,.._ .. sod-s>-z p�z�% ` • owMct cP �J_/iN[� lets /icwEs Prs+tr.Al -r I `— .. A L r- lis- " v$; 3 r 11 311 b I 3 2 2 zi all cr. Ut X I rj 41 Ila '0! cm X w -i Z .09 In, to a cr L. t�. S \ 1 Z 4 = r0 V 5 O� la 19 to 20 14 to ; t5 �� 22 ` 2s 24 25 �p vie TR.4It OO1L.(��/H0K .. W. 141 12 Al I3 I.x�cATlo�s QF I�RoPoseD 01 Iry or e"141 Ciry CCMY 't4 15 Declsroij Zcnt �nlG ALL no/J n4s �CacroPc. T.qEl 12 1-14-0'7 L. eTwiz 1 s Lea i meti To Appaq L rrlcs OF 774 L Clfv'r} 1 ,>rl/, p0WAJ)/JG AA10 Co�1rr 15S�Oi�1 /- S' -87. -n.}e t>c�rN� r��'n Ao?,rt-JC,� oF' sr7•iD �/itJL� Uf1Cr?hCy GJ�IZe° NO7' C�Lc�74'�' /�T' T'100 of Tf-10 Argvif)G /?IJD Ive L//lO /I M)47J � To 91211J6 P41s 1A4cZ> T7�& Zti 7J41 plelVA'Id G 'ge q 'D role t?ry 1ezJ A 1'PIMIAL Az a y G'AQy G• Foe ram? a . a 0 -4 KPB PLANNING COMMISSION MEETING OF JANUARY 5. 1987 ---------- AGENDA ITEM E. PUBLIC HEARINGS, Continued 3. VACATION - SECTICN LINE EASEMENT ASSOCIATED WITH ANGLERS ACRES PARTY FOUR. Portion of sixty-six foot Section Line Easement common to Sections 2 and 11, Township 5 North, Range 11 West, Seward Meridian.' Alaska within City of Kenai STAFF REPORT STATED: Public Notice appeared in the Decemher 17 and 24, 1986 issues of the Peninsula Clarion. Twenty certified mailings were sent to owners of property within 300 feet and to ether interested parties. 16 of the receipts have been returned. Petitioners of the vacation are David McKechnie of Fairbanks; Gary Foster of Kenai; Jack Poscer, Steve Foster and Don Brown of Soldotna. Petition states purpose of vacation "To restrict public access through our d properties and also help to maintain natural drainage of Kenai City Street and our gravel pit.,. Comments of Kenai Advisory Planning Commission have not been received.? However, telephone comments were received on 12-31-86 from Jack LaShot',- City of Kenai, rating that.at least,& 25'4�wide drainage easement should be :action created if the line 4iiiaient"is viiated. Alaska Department of Fish and Game (ADF&G) letter of December 23, 1986 states: "The ADF&G is opposed to the requested easement vacation and recommen(_~, that it not be granted. Unrestricted public access to the Kenai Rivek-kor recreational purposes is very important and should be maintained. The department has no information as to the actual amount of public use that occurs on this easement: however, the mouth of Beaver Creek is a popular I sport fishing area. Sport fishing pressure on the Kenai River is steadily increasing 1 and all public access points will be needed in the future. The department has plans to spend several million dollars on the Kenai i Peninsula for recreational access and has received inquiries from Kenai River property owners interested in sellinroperty which total over three million dollars. The department does not believe that it is in the public interest to vacate public access easements on one hand and to spend public funds to acquire access on the other.".- Also a letter received this date January 5, 1987, from Alaska Division of Parks, voiced an objection similar to above as follows: the central paragraph of this letter "The Division of Parks and Outdoor Recreation is opposed to the requested easement vacation and recommends that the request be denied. Public lands and public easements adjacent to the Kenai River are limited in number and should be retained in public ownership. These easements are ideal locations for a placement of boat retrieval sites, boat launching sites, sanitary facilities or bank fishing accesses. In the the Division has past. spent funds to acquire private property in order to provide or preserve public access to the Kenai River. The Dtvision does not believe i i that it 8 in the public's interest to vacate public easements along the Kenai River and at some future date spend public funds to purchase public access points." Mr. Troeger said that the two letters you will note are very similar in content. FINDINGS OF FACT: 1. Alternate access has not been provided. 2. Section line easement provides access to public waters. 3. Public access to Kenai River and Beaver Creek are needed. STAFF RECOMMENDATIONS: Disapprove the vacation of Section Line Easer( .-.-: between Angler Drive Kenai River; and within and adjacent to north bokl�jry of Lot 1, Anglers Acres Part Four for the reasons stated in findings. NOTE: There are eight (8) calendar days in which to file written appeal of Borough Planning Commission denial. Appeal must be submitted to Kenai City Clerk. END OF STAFF REPORT r I KP8 PLANNING COMMISSION MEETIFG OF JANUARY 5. 1987 Page 5 AGENDA ITEM E. PUBLIC HEARINGS, Continued 3. VACATION - SECTION LINE EASEMENT ASSOCIATED WITH ANGLERS ACRES PART FOUR, portion of sixty-six foot Section Line Easement common to Sections 2 and 11, Township 5 North, Range 11 West, Seward Meridian, Alaska. within the City of Kenai, Continued Mr. Troeger read the staff report outlining background and staff recommendations. Commissioner Ernst opened the public hearing. Testimony 11 - Mr. Jack Foster, Box 494, Soldotna, Alaska I am one of the petitioners. Those were some interesting letterst in view of what the letters stated, I am not going to argue the fact. At this time, I would just as soon let it drop and not continue. It wasn't so vital for us to have the privacy as the drainage ditch. Since Jack LaShot wrote in and stated he wants that 25 foot right -of -day that takes care of that drainage ditch. E Commissioner Mickey: When you say you are going to let it drop, you mean f that you are going to drop the petition or going to drop the dealing with j the letters that came in. Mr. Foster: I don't want to go for the vacation. I would just as soon cancel. i Hearing no further testimony, the public hearing was closed. MOTION: Commissioner Hursh, seconded by Commissioner Bryson, made a moc on to approve the vacation of Section Line Easement between Angler Drive and Kenai River: within the adjacent to north boundary of Lot 1, Anglers Acres Part Four. Commissioner Bryson: I would like to get clarification from the borough surveyor as to how that leaves the application itself. He is one of four applicants. Mr. Troeger: That's true. I think we have the petition before you and I believe it would be in order for the Planning Commission to rule on the i request based on the testimony given. Commissioner Bryson: If the motion is defeated, any modification of the i drainage easement will also be defeated. Are they addressed in the easement itself? Mr. Troeger: There is no drainage easement as such that exists. The city would have the authority as I see it. I believe the city views it the same way. They have the authority to come in and maintain the ditch, the drainage ditch by virtue of the section line easement being in place so there would not have to be a separate easement created at this junction because it is contained in the existing section line easement so they have the authority to go in and maintain it right now. Commissioner Bryson: An adjacent property owner would not necessarily have } that right. Mr. Troeger: There is a ditch there. Since it f's public access, the adjacent owners would have a certain right to do maintenance it as would the city. ` ACTION ON THE MOTION: Hearing no further discussion or objection, a roll callvote was to en. The motion failed unanimously. R �' C January 5, 1987 0 STAFF REPORT Vacation of sixty-six foot section line easement within and adjacent to Lot 1, Anglers Acres Part Four Public Notice appeared in the December 17 and 24, 1986 issues of the Peninsula Clarion. Twenty certified mailings were sent to owners of property within 300 feet and to other interested parties. 16 of the receipts have been returned. Petitioners of the vacation are David McKechnie of Fairbanks; Gary Foster of Kenai; Jack Foster, Steve Foster and Don Brown of Soldotna. Petition states purpose of vacation "To restrict public access through our properties and also help to maintain natural drainage of Kenai City Street and our gravel pit." Comments of Kenai Advisory Planning Commission have not been received.. However, telephone comments were received on 12-31-86 from Jack LaShot, City of Kenai, stating that at least a 25' wide drainage easement should be created if the section line easement is vacated. Alaska Department of Fish and Game (ADF&G) letter of December 23, 1986__ states: "The ADF&G is opposed to the requested easement vacation and recommends I that it not be granted. Unrestricted public access to the Kenai River for '. recreational purposes is very important and should be maintained. The department has no information as to the actual amount of public use that occurs on this easement; however, the mouth of Beaver Creek is a popular ; sport fishing area.. Sport fishing pressure on the Kenai River is steadily increasing and all public access points will be needed in the future. The department has plans to spend several million dollars on the Kenai Peninsula for recreational access and has received inquiries from Kenai. River property owners interested in selling property which total over three: million dollars. The department does not believe that it is in the public interest to vacate public access easements on one hand and to spend public funds to acquire access on the other." FINDINGS OF FACT: 1. Alternate access has not been provided. 2. Section line easement provides access to public waters. 3. Public access to Kenai River and Beaver Creek are needed. STAFF RECOMMENDATIONS: Disapprove the vacation of Section Line Easement between Angler Drive and Kenai River; within and adjacent to north boundary, of Lot 1, Anglers Acres Part Four for the reasons stated in findings. NOTE: There are eight (8) calendar days in which to file written a( eal of Borough Planning Commission denial. Appeal must be submitted to Kenai City Clerk. END OF STAFF REPORT l4: •N • ii = j R aY t 71 in i r r _ - - STEVE COIVPER, GOVERNOR DEPARTJIEXT OF FISH AND GA' RASPBERRY ROAD ANCHORAGE. ALASKA 92519.15" PHONE:007i 3"-0541 December 23, 1986 �& �3v'D a1 {11t1�tV50 3oro V.43i'^.rin r risnair9- Mr. Kevin Fenner Kenai Peninsula Borough P. O. Box 850 Soldotna, Alaska 99669 Dear Mr. Fenner: Re: Easement Vacation, McKechnie, Foster and Brown (Secs. 2 and 11, T. 5N., R. 11 W., S.M.) The Alaska Department of Fish and Game (ADF&G) has reviewed the proposal by McKechnie, Foster and Brown to vacate a sixty-six foot section line easement common to Sections 2 and 11, Township 5 North, Range 11 West, Seward Meridian. The easement runs approximately 634 feet in length between Angler Drive and the Kenai River. The purpose of the vacation is to restrict public access and also help maintain natural drainage of city streets and a gravel pit. The ADF&G is opposed to the requested easement vacation and recommends that it not be granted. Unrestricted public access to the Kenai River for recreational purposes is very f important and should be maintained. The department has no i information as to the actual amount of public use that occurs on this easement; however, the mouth of Beaver Creek is a popular sport fishing area. Sport fishing pressure on f the Kenai River is steadily increasing and all public access points will be needed in the future. The department has plans to spend several million dollars on the Kenai Peninsula for recreational access and has received inquiries from Kenai River property owners interested in selling property which total over three million dollars. The department does not believe that it is in the public interest to vacate public access easements on one hand and to spend public funds to acquire access on the other. Li L E_ Please inform, us as.to what final action is taken on this proposal. Sincerely, Dennis D. Kelso, Deputy Commissioner 9.(14.X� BY: Phili J. Brna Habitat Biologist Habitat Division 267-2284 cc: D. Watsjold, ADF&G D. Nelson, ADF&G S. Millington, ADNR P. Gallamore, ADNR i M r-- y DEPART11ENT UH NZ ATUILIL RESOURCES aV/SlaV 0FPARKB SIEVE COWPER, GOVERNOR KENAI O/STRicr BOX 7247 SOLDOTNA, ALASKA 99669 'PHONE. 262.6581 January 5, 1987 6010-15-10 Mr. Kevin Fenner Kenai Peninsula Borough P. 0. Box 850 Soldotna, AK 99669 Dear Mr. Fenner: �3466P Received ^' Kenai Penin Soto ca Planning Dept. +�> I a) 41, ' ,-. . The Division of Parks and Outdoor Recreation has reviewed the proposal by McKechnie, Foster, and Brown to vacate a 66-foot section line easement common to Sections 2 and 11, T5N, R11W, S.M. The applicants have requested (^ the vacation to restrict public access and to maintain the natural drainage of city streets and a gravel pit. The Division of Parks and Outdoor Recreation is opposed to the requested easement vacation and recommends that the request be denied. Public lands and public easements adjacent to the Kenai River are limited in number and should be retained in public ownership. These ea-.wients are ideal locations for the placement of boat retreival sites, boat launching sites, sanitary facilities or bank fishing accesses. In the past the Division has spent funds to acquire private property in order to provide or preserve public access to the Kenai River. The Division does not believe that it is in the public's interest to vacate public easements along the Kenai River and then at some future date spend public funds to purchase public access points. elr 10412LM Sincerely you f s, e o QLaber Su rintendent L U0 U e 0 STM COWPER, GOVERNOR DEMMMVIEIT OF 1•TATURAL RESOURCES Sox 7028 t y DIVISION OF GEOLOGICAL & GEOPHYSICAL SURVEYS .o- ANCHORAGE. ALASKA 99510 PHONE: (9071 561-2020 O 794 UNIVERSITY AVENUE, BASEMENT Division of Mining & Geological & Geophysical Surveys rAIRBANKS. ALASKA 99709 PHONE: {907)474.7t47 Sf. December 31, 1986 Kenai Peninsula Borough P.O. Box 850 Soldotna, AK 99669 Attn: Kevin Fenner Planning Director File: 10-590 Subj: EV-2-398, Section Line Easement Vacation Angler Acres Part Four, Lot 1 Dear Mr. Fenner: This is in response to the notice of public hearing which is scheduled for January 5, 1987, concerning the above easement vacation. The Southcentral Regional Office of the Division of Land & Water Management has made a review and their comments of objection are attached. If you have any questions,.please feel free to contact the Retained Lands Section, Southcentral Regional Office, Division of Land & Water Management at 762-2270. Sincerely, 6rdm es M. Whitehill Statewide Platting Supervisor JMW:SS:leh Attachment cc: Retained Lands Section, SCRO, DL&WM L L G L F A cEWI LC "R'kKDur- (ati.f Comm ni"t*am) Sate a: A.Iaska 1rOt N."N O.Ot.107vJSect Msr15100 Jim Frechione DNR/DL&WM/RETAINED LANDS `#ROM: list" OsOtJoWsert. . e0soed Paul Galiamore DNR/DGGS/CADASTRAL SURVEY SECTION 2428 suU, "' Section , T. 5 - ., P..,n VA! Meridian The attached application originates from within thejV )Q 'Z,,%;,&6KfAP0T0ugh and.is being sent to you for review and comments. We must have a conclusive response by t1T�yL 1��zc., The Borough desires a written response from us by Q8 The Public Hearing date is g21'L,�, lg87 it oi.00tec,sisa Pik=1ORANDUM(B.i.tcom.--ic.t70n,! State of Alaska TO. N.M. OsOtlO+vJSsct. Paul Gallamore DNR/DGGS/CADASTRAL SURVEY SECTION FROM; Jim O.OtJO1vJSset. Jim Frechione DNR/DL&WM/RETAINED LANDS SECTION suss.: � . _ _ .t. We have reviewed this request to Our comment: 2270 fs-,.. (.. /a� ` �. ,••�-O-I � / ri� ^n`L C '`YL�^^til`-�+•e.tJC y� Y.�, Imo..-b.� 4-o 0 �'L.D M �'^-- '` ' for: Jim Frechi one By: Mike Budbill L JJ } lm SIEVE o _ DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES1ANCHORAGE, 111 A VIA TION A VENUE P.O. sox 19s9ao CENTRAL REGION - DIVISION OF DESIGN AND CONSTRUCTION {LASKA 995194M RIGHT OF WAY BRANCHX IS485J (907)166.1621 December 31, 1986 Re: Section Line Vacation Sections 2 and 11 T. 5 N., R.11 W., S.M. Kevin Fenner Planning Director Kenai Peninsula Borough P.O. Box 850 Soldotna, Alaska 99669 Dear Mr. Fenner: The Department of Transportation and Public Facilities has reviewed your request for the right of way vacation and concur with your request for the above -referenced section line vacation. We will recommend approval of your final section line vacation plat upon receipt. Sincerely, James E. Sandberg Chief Right of Way Agent BCK:dm cc: Planning Section, Department of Transportation & Public Facilities, Central Region 1„i ., ••� A r r t . .12RIva7 A¢EA TOP of COOK. iw _.. "Lid -- ....._.... MA L L -'�i I '�'• � If � . � N ':f�7•'•• S � ' r!Ks•A.�'T1M 1 � .. •i. �• �•• �! w •yI.7 �>i•�..✓ `- _ _ _— .4 L • •• � tRaj �W. ��. j sxr� 7 •� itr ; -K• ! ' .r �� � • ,. ,; � •�• {_ t !�tiq.: ••j!l r� �'}•.s•.�•�v/ j�.,�,�l,�, •M.'� ••.?J: :`!.}� �y.{r •► i� . z _ .*;�: rtr «+.`•:t'.'�� ' •�`��4�%�,. •: �,� Nam. � � , ,, U +Ji;• •• s tj• � • 1e�•1� • '•�t „�'��"�;,=ifi� '' •+�••3 'P :: .h. lii'•• !. � f'� i}'.n'yfz t� :� ,. .r. ��. I� .L� AST! j!� . .�• _. �yyL�r. .iS`Y•S^.atv::�: �`,,,..r.r••. i•. tl �• �:•► •�;� ,�.�u- •• , JANJ IV • � AP aLk lit� Ls, �y"� �� N sr_ � i ' Mom~ a 1 = �t � »+�' ..:} • -y'• 91 cr at NAT 44 AMI NOW '�� Si / .. E."i:f�a. • .. �:-_ :°%'��.` ... .� Ly;,.... pit .•�4.� . ` .• .. -. f . 4 � � l�/Sti' %tr'•.,bs=�j�i• !fie . PLANNING & ZONING COMMISSION January 14, 1987 Page 4 Wise answered that the ordinance could get very specific, but then you have defeated the entire concept. The Commission next discussed the 30 day clause. Commissioner Smalley suggested, "no motor home, RV, etc., may be used as a residence or sleeping quarters after it has been parked in the city 30 days". The Commission agreed that it would create triple negatives, however, that is the idea. Bill Brighton suggested that the canneries use that type of arrangement and placing a 30 day limit on them would be restrictive. Chairman Lewis answered that what this is for is only a guideline to give the city the opportunity to do something about those nuisances. Bill Brighton felt that the term nuisance can tie yourself up and nullify what you are trying to do in the first place. Planning Specialist Loper explained that this verbiage comes from the Kodiak code and is workable there, further it is placed under the zoning code rather than the police section of the code so that the city would be more responsive to complaint than outright enforcement. The Commission suggested a fee for areas such as the canneries. MOTION: Commissioner Bryson moved to continue public hearing to the next regularly scheduled meeting, seconded by Commissioner Osborne. Commissioner Smalley asked if the item did not return to the Commission from the attorney by the 28th, do we need to readvertise, answer from Commission, yes. VOTE: Motion passed unanimously 5. APPROVAL OF MINUTES OF December 10, 1986 Minutes were approved as submitted Chairman Lewis called a 10 minute break. '.r J i 6. OLD BUSINESS } None j f 7. NEW BUSINESS a. Vacation Request for 66' of Section Line Easement Lying Within and Adjacent to Lot 1, Angler's Acres S/D - McKechnie/Foster Planning Specialist explained that this type of item usually comes before the Commission and Council prior to Borough action, however, in this case the City did not receive notification in time for the Borough action which was denial. The applicant has requested the item come before the City through an appeal process. It will be handled as a normal vacation request, that is, the Commission will N r PT.ANNTNG F. ?ONTNG COMNr88I0N January 14, 1987 Page 5 review the issue and pass along a recommended to"the Council who will stand as a Board of Appeal. The applicant supplied material which were not brought out at the Borough level, which you now have before you. The applicant felt the verbiage on the application itself was worded badly. It uses terms which suggest restricting the public access to the river, where this is not the case. The applicants wish to provide direct access in an orderly way and include an easement for the drainage ditch. Commissioner Smalley noted that the access would be provided, however a fee would be involved. Planning Specialist Loper explained that the applicants could do so without the vacation as they own the property. The vacation would merely give them additional space for the project. Commissioner Bryson noted that the wording says they are willing to provide access, however this requests that public access be eliminated. It appears that this is what the state also suggests in the letters provided. Bill Brighton, City Manager spoke. It appears that the river study committee was saying that there are not enough accesses to the Kenai River between the City boat ramp and Eagle Rock. They are encouraging additional accesses to the river. With that recommendation, our Cunningham Park has a boat launch, if you can carry your boat down, its not feasible to drive down and launch your boat. Therefore the City has been looking at it for either restricting boat launching and leave it to fishing or providing launching. During the fishing season that place is so crowded and congested that it is not practical to provide boat launching without spending substantial amounts of money to upgrade. Council also considered a suggestion to go across Beaver Loop and acquire real estate to provide parking because you couldn't possibly park all those cars in that small park. The Chamber of Commerce became involved through their boardwalk on Bridge Access Rd. and it was suggested to them that if there was some way private enterprise could undertake to build another boat ramp or launch into that river it would help alleviate the congestion and put a middle section between the City boat ramp and Eagle Rock. From those conversations came this idea that you now have before you. Most of the folks at the City felt this would be a great idea because the City is not going to be involved in spending substantial sums in order to provide an additional boat access to that river and encouraged this individual to pursue that operation. Yes it will deprive the public from a free boat launch because he is not going to expend that money that you must in construction of a site such as this. At the present time, even j though the public has access you can't put a boat in down there. It is impractical due to soils, the bank, etc. unless it is one that you can pick up and carry. Therefore if he is going to expend the money to build a reasonable boat launch, some of the folks at the City felt this would be a good idea. I don't know how it got (( in front of the Borough before coming to you, however, it did. L L- L r- PLANNING & ZONING COMMISSION January 14, 1957 Page 6 In conjunction with the boardwalk that the Chamber is promoting and apparently is going to get built, they became involved in this project also and are willing to lend a hand to this individual. He came to us and we have attempted to make the road, from the permitting standpoint, as easy as we possibly can, hoping that eventually there will be another area along the river within the City where individuals can launch their boat. You can launch your boat at Eagle Rock, but not for free. The only free place in the City, is the City boat ramp at the canneries and the City feels that it might take a burden off their shoulders of trying to acquire, pay for, and build another boat ramp in order to create easier access to the river. John Williams, I agree with City Manager Brighton for the need for this type of facility, however, some of the things that bother me is the statement to restrict public access through the properties and help to maintain natural drainage. As you are well aware, Congress set aside 66' easements along section lines for public access. This is one of the only section lines that I can see that would allow public access in the general vicinity. I am concerned about the letter from the Alaska Dept. of Fish & Game in which they state that they have plans to spend several million dollars on the Kenai Peninsula for recreational access and has received inquiries from Kenai River property owners interested in selling property which totals over $3 million. It does not appear to be in the best interests of the state to vacate lands on the one hand and to spend public funds to acquire lands on the other. I tend to agree with that, you have a gentleman that says give me the land and I will expend my own money, while on the other hand you have the state saying that they will be spending money to acquire, however, we will not be spending money. I feel that more material should be reviewed, if he is going to charge for the launching, where the drainage is, etc. Planning Specialist Loper referred to the material submitted at the meeting from the applicants and explained some detail. Mr. Williams commented that there had been a similar situation where the City had given land away for a large project and the City ended up reclaiming those lands at a price of $125,000. I would encourage the Commission to wait on a decision until full plans have been submitted. Councilman Wise indicated a desire to see an entire package brought before the Commission feeling that the Borough had denied the vacation due to the lack of such information. Commissioner Bryson referred to the proposed boat ramp profile indicates a public boat ramp which infers that there is no fee. In looking at the area adjacent to the section line exists either as an easement or undeveloped ROW. I would presume the property owner that has a deed to that property has the right to use the property until it is developed for access by the appropriate government. It appears that he has plenty of room to be able to develop a boat ramp on that lot. He could use the easement for other non -permanent facilities without a vacation. I am concerned with restricting L i i 1 Fm- PLANNING & ZONING COV42NIZZION January 14, 1987 Page 7 foot access to the river under either circumstances. I would be supportive of a private boat ramp in the area but not at the expense of eliminating foot access. Chairman Lewis asked if there j was foot access at the present time, answer yes. Councilman Wise stated that he was not aware there was a path there. Commissioner f Smalley stated that people have used the path for a long period of time with Mr. McKechnie chasing them away. Commissioner Smalley referred to the notation concerning the drainage ditch and asked if the City were going to maintain it. I believe they had to come before us before when they wanted to deepen that drainage. Commissioner Bryson asked if the City would be doing that man made water course as a part of the Angler Drive project, it is unknown. Commissioner Osborne commented on the letter from fish & game, it appears as though the letter had been written by someone who had never viewed the site. Commissioner E Mishou commented that what it appeared to him was that the t individual was asking for the Commission to recommend approval of a f vacation which would allow a private individual to put in a boat ramp and collect fees to further enhance his private business. Commissioner Smalley referred to the letters submitted to the Borough; ADF&G has suggested that all public access points to the F river should be maintained, Div. of Parks says the same thing. Planning Specialist Loper referred to the Kenai River Study which presents the concept that private individuals should be encouraged to develop facilities along the river. Councilman Wise asked the Commission to make some type of recommendation for the Council. Several Commissioners stated that they would like to have the issue ' postponed to the next meeting with additional material presented. Councilman Wise stated it is immaterial. The only thing before you tonight as in the case of the Borough is the vacation with the ; retention of a 25' drainage easement. MOTION: Commissioner Smalley moved to recommend to the Council to uphold the denial of the vacation of the 66' section line easement, finding of fact; denial because specific criteria, which is requested by the state agencies was not submitted referring to denial of public access along a section line to the river, seconded f by Commissioner Mishou. Commissioner Bryson stated fnr the record, during the public hearing at the Borough there was one representative of the group that petitioned for this vacation. After the submittal of the state information, Mr. Foster indicated that he didn't care whether or not the application was approved or not because his concern was a 25' drainage easement was being maintained and that was his primary interest at the time, he explained nothing about future development in the area. There were no other individuals T commenting on it. f VOTE: E Motion passed unanimously. I L � r t i 1 PLANNING & ZONING COMMISSION January 14, 1987 Page 8 Commissioner Mishou stated that it would be nice to have a paved ramp, an RV park, and a lot of these things provided we did not help a private individual make money. Is there any way we can recommend the submission of a complete operational plan and a fee schedule including use of the fees, answer no. b. Preliminary Plat PZ87-1: Baron Park S/D #6 Planning Specialist Loper referred the Commissioners to the memo from Land Specialist Gerstlauer. MOTION: Commissioner Bryson moved approval of PZ87-1, seconded by Commissioner Smalley VOTE: Motion passed unanimously 8. PLANNING a. Amend Zoning Code: 14.25.010 and 14.25.020 Pertaining to Landscaping/Site Plan Regulations Planning Specialist Loper explained that this item comes from the Review Board who, after working with the "new" site plan portion of the ordinance felt that the verbiage still did not quite convey the intent and went on to explain. Commissioners Bryson and Smalley discussed the definition of the word new, stating that the interpretation could be an addition to an existing structure or changing the interior of the structure. Planning Specialist Loper explained that the Board used the word "improvement" because it would cover just about any circumstance in the building industry. Commissioner Smalley asked if the building inspector had reviewed these amendments, answer yes, they originally came about at his suggestion. It is his decision as to whether or not a contractor goes before the Board. MOTION: Commissioner Smalley moved to approve amended KMC14.25.010 & KMC14.25.020, seconded by Commissioner Osborne VOTE: Motion passed yes: Lewis, Church, O'Reilly, Osborne, Smalley, & Mishou no: Bryson 9. REPORTS a. City Council Councilman Wise wished to correct the Council agenda, under the report by Joe Arness, the word is "agree" which is not the action of the Council. The Council agreed not to automatically ban the L CITY OF KENAI # i M R U W KENAI, ALM= OMI TELEPHONE M - 7lf96 MEMORANDUM FRO eimogers, Attorney of Kenai TO: Honorable Mayor & Members of City Council RE: Administrative Appeals From Board and Commissioners An Appeals Board is under a duty to act justly, reasonably, and without abuse of discretion on applications for appeal concerning matters before it. It is a quasi-judicial body, and while strict rules of judicial procedure may not be applicable to the proceeding before it, the attitude and conduct of members of the Board should be judicial and impartial. The hearing should be a public one and is ordinarily in the nature of a de-novo proceeding and the Board should not refuse arbitrarily to receive and consider material evidence on the issues being presented. Since these hearings are not judicial hearings, they should be more or less informal and not subject to strict judicial or technical rules of procedure. Where no particular method of procedure for the conduct of the hearings is provided for, the hearings must be governed by established rules of the procedure applicable generally to administrative tribunals. The proceedings should be recorded so as to constitute a full and complete statement of the proceedings with particularities sufficient to enable a court to understand what was done should the matter be appealed for judicial review. The Board should not consider anything except the provisions of the laws and facts determinative of the question whether the situation warrants or requires the relief for which application 1 L J is made. Nor can it consider burdens or hardships arising not from zoning laws but from plat or deed restrictions, since these are not relevant to proper grounds for relief from zoning restrictions. Protests and objections should be considered. It is the duty of the Board to require the submission of evidence to establish facts and it is incumbent on a party to produce evidence if he desires to preserve his right of judicial review of an adverse administrative decision. The evidence must be sufficient to justify the administrative action for which application is made. In the case of a variance, there must be sufficient evidence of unnecessary hardship or difficulty and of conformity with the fundamental purpose of zoning plan, and consistency with substantial justice. The hearing before the Board being de-novo, the decision being appealed from is not conclusive and binding on the Board as to issues of fact. The Board is empowered to ascertain facts from any competent evidence and members of the Board are entitled to consider facts learned by them from personal observation of the location in question and surrounding conditions. The Board may, in the exercise of its discretion, take a view of the premises at any time prior to deciding on an application, and the Board may consider and rely upon what it saw on the view. Where such a procedure is followed, however, the Board must set forth in the return the facts known to, and acted on, by its members but not otherwise disclosed. Various personal observations of Board members have been deemed sufficient evidence for the taking of administrative action. The Board may consider the recommendation of City officials but may not substitute that judgment for theirs. The general rule with respect to the hearings, is that witnesses should be sworn, and their testimony taken only on oath, unless the administration of the oath to witnesses has been waived. Such waiver should be upon the consent of the Board as well as the parties. The administration of an oath is particularly appropriate where material findings of fact must be made on conflicting testimony. Insofar as presumptions and burden of proof, it is maintained that: "A party applying or appealing for relief to a zoning board of adjustment or review has the burden of proof of facts entitling him to that relief ... if an applicant seeks the allowance by the zoning board of a variance or exception, he has the burden of proving facts entitling him to it; i.e., he has the burden of setting before the zoning board the evidence necessary for exercise of its seasoned discretion. It follows that failure or insufficiency of proof as to any factor or element essential to the allowance of a variance will defeat the application therefor. Unless an applicant 2 L is required to establish by proof all the essential elements of his right to relief, a board of review would have the :. power to nullify the zoning ordinance under the guise of -= exceptions or variances. But the burden of proof is j sustained by evidence that under special conditions, a literal enforcement of the provisions of a zoning ordinance will result in unnecessary hardship and that in spirit the ordinance will be observed and substantial justice done by allowing a variance." Any action or decision of the Board must be based upon facts as established by the evidence properly introduced before it. The decision of the Board as to variances where other matters rests exclusively within its own discretion, but its decision must not constitute an abuse of discretion or power, and in this respect, i is always subject to judicial review and reversal. The recommendations of City officials are not intended to prevent a Board of Zoning appeal or the like from either granting or refusing a permit. The action or decision of the Board is presumed to be valid. t The Board requires a quorum consisting of four and a majority is the requisite required vote. The Board is required within thirty days after the hearing, to render a decision on the appeal and can impose appropriate i conditions and safeguards in accordance with zoning ordinances relative to any matter subject to its jurisdiction. Any conditions imposed must be reasonable and not arbitrary, 4 unnecessary or oppressive and they must be related to and f incidental to the proposed use of the property. Thus, the Board is not limited to an affirmance or reversal of the actions below, but may use its judgment and discretion in making such j modification and attach such conditions and restrictions to the granting of a variance as in its opinion should be made. Before arriving at its decision, the Board should make findings of fact upon the evidence so that any reviewing authorities may be advised of the reasoning behind the Board's decision especially where the relief sought is granted. The general rule would seem to be that parties in a zoning proceedings have a right to cross-examine witnesses offered by an I adversary. �I� FIN Witnesses should be administered the following as an oath or affirmation prior to their testimony: "Do you solemnly swear that the testimony that you are about to give in the case now before this Board, to be the truth, the whole truth, and nothing but the truth... So help you God? Under pain and penalty of perjury? TR/clf 8/85 4 in L L DEPARTMENT OF NATURAL RESOURCES 01WS10N0FPARa February 3, 1987 Council of the City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 r KENA/ O/STR/CT BOX 1247 SOLOOTNA, ALASXA Som PNONE: �B?� I FES 1 EB7 11,- . GU ro CITY CLERK i3 CITY CF KENA! ,4!9 Dear Council Members, �oz The Division of Parks and Outdoor Recreation has reviewed the proposal by McKechnie, Foster and Brown to vacate a 66-foot section line easement common to Sections 2 and 11, T5N, R11W, Seward Meridian. The Division of Parks and Outdoor Recreation is opposed to the requested easement vacation and recommends that the request be denied. Public lands and public easements adjacent to the Kenai River are limited in number and should be retained in public ownership. The Kenai River Comprehensive Management Plan addresses vacations of easements and right-of-ways in Chapter 4, Recommendations for Land and Water Use: "The Kenai Peninsula Borough and the Cities of Kenai and Soldotna should not vacate section line easements or dedicated rights -of -way which provide reasonable access to the River. Reasonable access includes vehicular or pedestrian access, and may include steep bluffs or other areas only suitable for foot trails i or stairways. These easements are ideal locations for the placement of boat retrieval sites, boat launching sites, sanitary facilities or bank fishing accesses. In the past, the Division has spent funds to acquire private property in order to provide or preserve public access to the Kenai River. The Division does not believe that it is in the public's interest to vacate public easements along the Kenai River and then, at some future date, spend public funds to purchase public access points. Sincerely, r Supe ntendent RCL/jmw 10J12LH From Home Owners: Read into public record. Kenai City Council TELEGRAM #422 From Anchorage Addressed to: Kenai City Council Attention of: Janet Loper We as of affected property owners request that the following comments be read into the record at the Public Hearing February 4, 1987, of the Kenai City Council. We vigorously object to the vacation of the easement off Angler Drive for the following reasons: 1. It is a piece -meal step in a much larger plan which will involve zoning changes to Lot 1 of Angles Acres Subdivision. The entire plan should be considered before approval because it will have an extremely detrimental effect on the residential community of Angles Acres. For this reason, broader notice should have been given than is required for easement vacation. 2. The easement should not be vacated because it would deny public access. 3. Corps of Engineers input has not been provided to determine the potential damage to Beaver creek. 4. The proposed development is not compatible with the existing development. The plan would create congestion in Beaver Creek and there is no room for the boats from a large RV park to be concentrated on one lot in a residential subdivision. The foot trespass problem through Anglers Acres property for the occupants for the RV park to gain access to the bank fishing would be intolerable. For this reason zoning changes to Angles Acres Lot 1 should be addressed at the same time and no piece -meal approval of this plan should be permitted because it denies proper input from those that are affected. END OF MESSAGE David C. & Margaret N. Simpson, Lot 23 and Gov. Lots 4 & 5 Sidney Wood, Lots 19 and 20 Charles Muhs, Lot 31 John and Helen Groneveld, Lots 24 and 8 John Lowe and Ruth Schneider, Lot 9 Willard and Ursla Peterson, lot 22 0 l C I Feb. 2, 1987 City of Kenai City Clerk RE: Request for appeal of Decision of Kenai Peninsula Borough Planning Commission Dear Mrs. Whelan, I would like to say a few things about our upcoming appeal which at this point may not be clear. First the purpose of this vacation, as it appears, is in- correct. This was a fault of mine in the beginning, not under- standing how this wording would be interpreted. I would like to take the opportunity to clear up this mistake. The long term plan for this property is to construct a boat ramp into the lower Kenai River. At this time the permits for such an activity have been applied for, and public notices will be out in the near future. This boat ramp is designed to serve the public with concrete ramps extending into the river, facilitat- ing use at high or low water. The most practical place to construct this ramp is adjacent to the 25' drainage ditch right of way of the City of Kenai. At this point, the bank into the river is lower and less steep, allowing for more natural access. This spot is on the section line right of way , which allows foot traffic to access the river. If this were vacated, it would leave a larger area for much need- ed parking of vehicles and boat trailers. In addition , a wooded buffer zone between the adjacent property owner and the public boat ramp is planned, with a small park like area above the ramp for viewing , relaxing etc. We feel this is a valuable addition to the facilities offered by the City of Kenai. At no out of pocket cost to the City, this project would help develope tourism and also help to alleviate some of the increased pressure on the upper Kenai River. GLF:kh Respectfully yours, /01 C Wc; � Gary L. Foster I L Q r, 1,-�5 -- / Romer Electric �s�socfatfos CENTRAL OFFICE: 3977 LAKE STREET • , "}tO7fAER,ALASKA 99603 • MU/193b•810/ December 29, 1986 Mr. John Williams, Mayor City of Kenai 210 Fidalgo ; Kenai, Alaska 99611 r Dear Mr. Williams: As we are aware, there is serious concern over the next fiscal year State budget. Two items which highly impact the Railbelt Area are Bradley Lake and the Railbelt Energy Fund. The Bradley Lake Hydroelectric Project has had good public support. Construction has started, and the project is providing immediate needed jobs. Power from the project will be necessary in the Railbelt Area, and the project is definitely financially feasible. There is some concern whether the remaining funds will be provided and whether the project should continue to completion. The Legislature had agreed to fund $218 million. A total of $168 million has been appropriated, of which $50 million was "frozen" by Governor Sheffield. The $50 million nNNds to be unfrozen, and another $50 million should be appropriated. This last $50 million could easily come from the Railbelt Energy Fund. Another area of concern is the $280 million in the Railbelt Energy Fund. This Fund has been established for energy projects in the Railbelt from Fairbanks to the Kenai Peninsula. Additional generation projects are not immediately needed beyond Bradley Lake. The Railbelt Energy Council and the seven Railbelt utilities have. indicated the most beneficial purpose for part of the Railbelt Energy Fund is to build new transmission facilities between the Kenai Peninsula and Anchorage, and improve the transmission facilities between Anchorage and Fairbanks. This action would provide tremendous flexibility and economies. It appears prudent to ask the Kenai City Council to consider a Resolution in support of Bradley Lake and support of proper utilization of the Railbelt Energy Fund. We have attached a proposed Resolution for your consideration. We suggest the Resolution, or something similar, be sent to all of the Railbelt Legislators and to the Governor's Office. Please feel free to contact me if you have any questions. We look forward to working with you. BKW:em Encl. cc: William J. L Sincerely yours, HOMER ECT C ASSOCIATION, INC. L CITY OF SOLDOTNA 0 RESOLUTION 87-2 (Introduced by City Manager) A RESOLUTION CONCERNING THE BRADLEY LAKE HYDROELECTRIC PROJECT AND THE PROPOSED RAILBELT AREA ELErTRICAL TRANSMISSION INTERTIES WHEREAS, the Alaska State Legislature has, in past years, appropriated monies that now total $282 million to the Railbelt Energy Fund for the generation and distribution of electrical power throughout the Railbelt; and, WHEREAS, the Legislature has also appropriated $158 million to the Bradley Lake Hydroelectric Project, of which $50 million has been "impounded" due to the State's declining oil revenues; and, WHEREAS, the Bradley Lake Project is currently about $100 million short of promised cash grant appropriations from the State of Alaska; and, WHEREAS, it is reported that the Horner Electric Association will be required to "take or pay" for 10 to 20 percent of the Bradley Lake output and to borrow an additional $20 million in connection with the Bradley Lake Project to construct an an electrical transmission line between Homer and Soldotna; and, WHEREAS, some of this area's largest electrical customers, representing more than 25 percent of Homer Electric's revenues, are considering plans to generate their own power in reaction to recent rate increases; and, WHEREAS, an agreement in principle has been reached by all seven Railbelt utilities, which collectively serve more than 75 percent of the State's population, to support a regional power development program, which would require $218 million of grant funding for Bradley Lake and to use the Railbelt Energy Fund for construction of transmission interties between the Kenai Peninsula, Anchorage and Fairbanks; and, WHEREAS, there are important public policy questions whether Homer Electric Association's ratepayers can afford more debt and higher electric rates and whether the remaining $100 million needed for Bradley Lake can be financed in cash from the State's General Fund; and, WHEREAS, there is now both an excess of electrical generation capacity in all areas and a need for lower priced power in some areas of the Railbelt; and, WHEREAS, upgraded transmission intertie systems would enable each utility within the Railbelt to share electrical power and, thereby, avoid 4� duplication of capital investment for power generation; and, J J <� n I- Resolution 87-2 City of Soldotna WHEREAS, upgraded interties would enable mutually beneficial arrangements between the utilities whereby Fairbanks area utilities could buy less expensive gas generated power from the Kenai and Anchorage areas; and, WHEREAS, upgraded interties would enable natural gas, coal or alternative technology electrical generation projects to be brought on line in increments less expensive than Bradley Lake as justified by growth in demand; and, WHEREAS, this Railbelt transmission system has broad support among labor and government leaders, Chambers of Commerce, the Alaska coal industry, and others; and, WHEREAS, funding of the Bradley Lake Dam Project is at a critical juncture; and, WHEREAS, it has become obvious that the upgraded intertie systems are more important to the well being of the Railbelt's electrical consumers than the costs and risks incidental to continued construction at Bradley Lake pursuant to the current financing plan; now, therefore, BE IT RESOLVED BY COUNCIL OF THE CITY OF SOLDOTNA AS FOLLOWS: Section 1: We support using the Railbelt Energy Fund for financing electrical transmission interties between the Kenai Peninsula, Anchorage and Fairbanks. In addition to the lines which have been proposed by the area utilities, we believe the transmission Iine between Soldotna and Homer should also qualify for funding from the Railbelt Energy Fund. Section 2. We believe the final power sales agreements for Bradley Lake should be equal in form to the agreements made for the Four Dam Pool so that the early year cost of the hydro power will be equal or lower than alternative means of electrical generation. The present financing plan for borrowing up to an additional $175 million for construction is projected to make the hydro power more expensive than gas in the early years and requires substantially more risks to the area's ratepayers in the event of an earthquake or tsunami. 2 M r I— Resolution 87-2 City of Soldotra Section 3. If it is perceived necessary to offer a "take or pay, come hell or high water pledge" as security for the APA's Revenue Bonds, we believe the question of continued state funding for Bradley Lake should be contingent upon a favorable Railbelt-wide referendum of the area's ratepayers, just as the State or any Municipality would be required to seek voter ratification for its General Obligation Bonds. Section 4. We encourage decision makers to look more closely at the costs and benefits of alternative means of electrical generation. We should not disregard the economic impacts of jobs associated with the present use and future development of gas, coal and alternative generation resources. ADOPTED this day of , 1987. ATTEST: City Clerk 3 Mayor ^o - i j 4 • _ ' i - - f 3 AffAf0RArrl,*u� TO: Mayor & Members of the Soldotna City Council 'i FROM: Richard Underkofler, City Manager DATE: January 7, 1987 SUBJECT: Bradley Lake / Railbelt Electrical Transmission Interties i Homer Electric Association (HEA) has asked the Council to consider a ; Resolution in support of continued grant funding for construction of the Bradley Lake Hydroelectric Project. HEA has also asked you to support a f proposal to use some of the Railbelt Energy Fund money for construction of transmission interties between the Kenai Peninsula, Anchorage and Fairbanks. The suggestion is made that appropriations made to these „- projects might be considered "loans" for subsequent paq-back into a revolving fund to enable future Railbelt energy project development. A copy of a letter from Kent Wick, HEA General Manager, dated December f 29 relating to this subject is attached. s It is suggested that you defer consideration of this topic until your Council meeting of January 21 because the Kenai Peninsula Caucus has scheduled a f meeting for consideration of these matters on January 17. It will be held at e the Homer City Hall beginning at 1 FDA. Representatives of the Alaska Power Authority (APA), HEA and other Railbelt electric utilities have been invited to make presentations to the Caucus. Members of the Council map - - wish to attend to become more acquainted with the present status of these = affairs. Here is a summary of my current understanding of the issues and some ideas for alternative solutions derived from my Petersburg experience with the Four Dam Pool Hydro Project negotiations. Ik F Background: r - HEA and Chugach Electric Association have signed agreements with the ' Alaska Power Authority (APA) indicating that they will assume long term debt not too exceed $200 million for the Bradley Lake Project based upon an expectation that the State would provide cash appropriations in the amount 1 of $218 million toward the construction cost. The APA has borrowed interim construction, financing on the order of $267 million for the Bradley Lake project and has encumbered approximately $58 million for the first phases of construction. - 4 ca x` ij h. f' In negotiations for the "final" power sales agreement, the Railbelt utilitiesAL have indicated that they also want a cash appropriation from the Railbelt Energy Fund (this is money which was formerly earmarked for the ; Susitno Project) in amounts sufficient to fund an upgrade to the intertie systems between the Kenai Peninsula and Fairbanks. The Railbelt Energy Fund presently contains $280 million. i :. The utilities argue that the interties need upgrading in order to improve system reliability and to increase the capacity of transmission lines to carry power back and forth between the Kenai Peninsula, Anchorage and Fairbanks. Such upgraded interties would improve power sales from Bradley Lake for peaking power requirements throughout the Railbelt. The Railbelt interties may also improve the utilities bargaining position in _ negotiations for future sources of generation energy - natural gas and coal. The APA maintains that the interties are not absolutely necessary to making Bradley Lane work because interties already exist between the - - Kenai Peninsula and Fairbanks. i 1 The State has appropriated $168 million to the Bradley Lake Project. The State has "impounded" the $50 million FY 87 appropriation. The remaining $50 million was scheduled for appropriation in FY 88. So the project is currently about $100 million short of promised cash appropriations. Due to a budget deficit from declining oil revenues, there is a question whether the remaining $100 million can be provided in cash from the State's general fund. Meanwhile, Tesoro, one of this area's largest electrical customers, in reaction to recent HEA rate increases, is threatening to to pull off the system and start generating its own electricity from natural gas. If this happens, the cost of electricity for all of HEA's other customers would increase considerably. The utilities have been asked to assume the full $200 million in debt financing for the project. These proceeds together with revenues earned from interest earnings, revisions to the assumptions related to interest expense and estimated project construction costs may be sufficent to complete the construction without delay. The Bradley Lake Project may be shut down if the utilities will not agree to assuming $200 million in debt for the project_ The utilities argue that the debt service cost from borrowing the full $200 million would raise electric rates so high that the Bradley Lake power may not be competitive with natural gas. Even now there are serious questions about whether or not Bradley Lake will be competitive with natural gas. Some projections have shown that natural gas would be cheaper in the short term, assuming full grant funding ($218 million) and full utilization of the project energy. The utilities want any savings to be applied to reducing the amount of debt which the utilities will assume for the project. L L J L j Bradley Lake i The current estimate of construction cost for Bradley Lake is $356 million. Some say the ultimate cost could be lower due to the current competitive s bidding climate. However, it should be noted that 2 of Alaska's most recent j hydro projects (Tyee Lake in Wrangell/Petersburg and Solomon Gulch in Valdes) had substantial construction cost overruns. s At $356 million, Bradley Lake would be the most expensive capital project this state has ever undertaken. Although the project is rated at 90 , megawatts, its average annual producing capability is projected to be 45 megawatts. Due to seasonal variation in the water supply, water would be y; ' accumulated behind the dam and reserved for peaking operations. Its ( -- construction cost ($7.9 million/megawatt) is quite expensive when compared E to gas generation plants, but it would not be as expensive as the Terror `t Lake Project in Kodiak, which holds the dubious distinction of being the - most expensive hydro project in the world. The Terror Lake Project ended up at about $200 million for 20 megawatts ($10 million/megawatt). In contrast, the gas generating plant recently constructed in Soldotna had a construction cost of $18.1 million and has a capability of 38 megawatts ($476 thousand/megawatt). Comparisons of hydro projects to gas generation projects must consider life cycle costs, however, because gas generation projects have much higher operation and replacement costs. The cost of buying natural gas must be factored in when computing the total cost of a gas plant. Hydro projects _ also have a longer useful life. Most components of the Bradley Lake project � are said to have a useful life of 100 years. A gas generating plant has a useful life of about 20 years. The Bradley Lake project was projected to result in 6 cent per kWh wholesale power coming on line in 1990 assuming: a $356 million project cost; the full $218 million in grants from the state, an average annual interest rate of 109 on borrowed funds and 100P sales of all project power. Any of these assumptions could vary widely. For example, the APA is generating some additional project revenue from investment of the construction financing loan proceeds; interest rates are presently lower than 10Y.; and the construction cost could be lower due to today's ! competitive bidding climate. A tidy sum is included for contingencies in the i current construction cost estimate. I APA's current projections indicate that Bradley Lake power could have an entry rate of 4.9 cents/kWh if all interest earnings derived from past appropriations and the interim construction financing proceeds are used to help finance construction. In contrast, HEA's current wholesale cost of power from Chugach is approximately 4 cents per kWh. When blended with the cost of HEA's Soldotna gas turbine peaking plant, HEA's generation cost is now reported to be 4.4 cents per kWh. - - - 9 x A i; F, a Bradley Lake r Bradley Lake's economic viability is said to depend mostly on what the price of natural gas will be in the future. Is it realistic to assume that the price of natural gas will increase according to the projections? How about coal? Since we have plenty of coal and natural gas resources in this area, will competition between coal and gas tend to keep prices competitive? Given our abundant supply of natural gas, it seems likely that our gals suppliers will always be able to price their product below the equivalent cost of energy from Bradley Lake. The potential threat of losing the large industrial loads to independent gas generation is likely to always be with us unless the price of Bradley Labe power can be brought in and always remain below the alternative cost of natural gas. There is speculation that the Railbelt Energy Fund money will be used for other purposes - such as for other capital projects or for balancing the state's current budget deficit. This would be a real rip-off to the Railbelt's residents. Other areas of the State have received millions of dollars for energy subsidies from State funds on the promise that the Railbelt would get a eventually get a "fair share". The hydro projects in the Four Dam Pool were completely financed with $479 million in grants and loans: the cash grants totaled $293 million, the principal amount of the State loan was $186 million. Electric utilities in the Bush have been receiving subsidies on the order of $20 million per year from the State's power cost equalization program. The Railbelt has a well documented claim to the $280 million reserved in the Railbelt Energy Fund as well as to the $118 million appropriated to Bradley Lake in previous fiscal years. The Alaska Legislature has a moral obligation to appropriate this money for use within the Railbelt. ALTERNATIVES: Alaskans are never short on ideas as to how to spend money. Here are some choices which have occurred to me as to how the Bradley Lake and Railbelt Energy Fund money could be used: (1) Perhaps, the Bradley Lake Project could be completely financed by the State by borrowing the remainder needed for construction from the Railbelt Energy Fund. This was the method of financing used for the Four Dam Pool Hydroelectric Projects when it was determined that alternative sources of energy would be less expensive than power from the hydro projects in the short term and Petersburg rejected the "take or past, come hell or high water" terms required for conventional long term financing. Bradley Lake f7) � In the Four Dam Pool model, the debt was structured in a geometric , manner so that so that the price of the hydro power would always be less than the diesel generation alternative. Debt service payments deferred in j the early years will be carried forward to later years when the price of the alternative fuel and project sales are expected to be higher. The entry } level debt service payments were 4 cents/kWh. 1 I The State was promised an 89 per year return on its loan over the 40 year life of the contract provided that the debt service payments would not increase the cost of power higher than the statewide average. In this instance, the debt service payments would be reduced so that the power cost within the Four Dam Pool would be equivalent to the statewide ; average. This provision will tend to provide incentive for other areas of the State to be interested in anaicing sure that power costs in the Railbelt remain as low as possible_ There appears to be sufficient money available to accommodate a loan transaction similar to the Four Dam Pool model, if $238 million could be borrowed from the Railbelt Energy Fund and added to the $118 million in grant funds already appropriated to the project. Repayment of the loan could be structured in a fashion similar to the loans made for the Four Dam Pool so that the price of the power would always be less expensive than gas generation. The rate of return for the State should be 89 per annum in order to be consistent with the precedent established with the Four Dam Pool loan and to be fair to other areas of the State. For example, Bush areas will probably make a claim to interest income received from State energy loans for continuation of the power cost equalization program. This alternative would: (a) assure funding for completing construction at Bradley Lake without delay; (b) provide a source of money for paying off the interim construction financing; (c) bring in the Bradley Lake power at price equal to or lower than gas generation; (d) mitigate the potential of losing the large industry electric loads; (e) avoid the onerous security and insurance terms required of conventional long term bonds (this is particularly important to protect ratepayers against the risks of low water years, an earthquake or tsunami); and, i •i (f) and generate a means of capital recovery for future energy projects and taking care of power cost equalization in the Bush. - r i I r— Bradley Lake The downside of this proposal is that would put all of the "eggs in one basket"; it would leave only $42 million for upgrading the intertie systems; and it would delay funding for other energy projects which may be needed within the Railbelt. So here is an alternative choice which is likely to be unpopular, but which might be more in tune with the state's current economic conditions: (2) Perhaps, it would be more cost effective to delay further construction at Bradley Labe and apply the remaining money (less shut down costs) with the money in the Railbelt Energy Fund toward: (a) constructing the upgraded intertie systems; and (b) paying off a proportionate share of the current debt of each Railbelt utility. Upgraded intertie systems between the Kenai Peninsula, Anchorage and Fairbanks would enable each utility to share resources and, thereby, avoid duplication of capital investment for power generation. It would enable Fairbanks area utilities to buy larger blocks of gas generated power from the Kenai and Anchorage areas, which is presently less expensive than coal and fuel oil. C Additional natural gas or coal generation projects could be brought on line in smaller increments as more rationally justified by growth in demand. The Soidotna gas generating plant seems to be an example of excess capacity in the current system which could be shared with the other utilities. HEA's Kenai Peninsula electric rates could be lowered, if some of the power generated from Soldotna could be sold to the other Railbelt utilities. If a natural gas pipeline is ever built from the North Slope, additional gas generating plants could be brought on line in Fairbanks and other locations along the route of the pipeline, and thereby, enable the sharing of North Slope energy via the interties throughout the Railbelt. Likewise, if additional coal fields are developed on the west side of Cook Inlet or in the Fairbanks area and if the price is more competitive than natural gas, additional coal generating plants could be brought on line and the power shared along the interties throughout the Railbelt. Using the remaining money to pay off existing utility debt could provide immediate benefit in terms of reducing everyone's cost of power. It would offset projected increases in local taxes as the State decreases its sharing of revenues with local governments. It would give the utilities extra borrowing capacity for future additions to plant and equipment. The promise of free grant money tends to distort the conventional economic i criteria used to justify capital improvements. Asking the utilities to start over again without the promise of hydro power from projects on the Susitna River and Bradley Lake might facilitate more rational planning for the sharing of alternative power- generation resources within the Railbelt. in e 4 Li Substitute Suggested by: Planning & Zoning Commission CITY OF KEI4AI ORDIMUM IUD. 1133-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 14 WITH THE ADDITION OF SECTION 14.20.145 ENTITLED "TOWNSITE HISTORIC" (TSH) ZONING DISTRICT. `z WHEREAS, the current zoning within the area described as Kenai Original Townsite currently has varied and conflicting zoning districts; and, WHEREAS, the Kenai city Council has created an Old Town Committee to review and make recommendations pertaining to Kenai Original Townsite; -_-.-- - - and, WHEREAS, the Landscaping/Site Plan Review Board, a representative of the Old Town Committee, and the Planning & Zoning Commission have met in several sessions over a period of several months; and, WHEREAS, the Commission has held work sessions and another public hearing on 1/14/87 to determine if this section will meet the needs of _ the community, and WHEREAS, as a result of these public meetings the Commission feels the draft "Exhibit All before the Council and attached to this ordinance, now fulfills the needs of the Board, Commission, Council, and Community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, - ALASKA, as follows: Section 1• The Kenai Municipal Code Title 14 be amended by adding Section 14.20.185 entitled "Encroachment Permits" as defined in the attached "Exhibit A". PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of February, 1987. John J. Williams, Mayor ATTEST: Janet Whelan, City Clerk First Reading: May 7, 1986 Second Reading: May 21, 1986 Third Reading: June 4, 1986 Fourth Reading: July 16, 1986 Fifth Reading: January 21, 1987 Sixth Reading: February 4, 1987 i Effective Date: March 4, 1987 L {. ExA*,b*,+ ReUi3cei Of 1017 s :. 14.20.145 Townsite Historic (TSH) Zoning District (a) Intent. The TSH /"N s Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character. The specific intent in establishing this zone is: f; (1) To manage all new development and major reconstruction by requiring all applications for a building permit to submit landscaping if! and site plans to the appropriate body for approval prior to the u issuance of the permit. All applicants must meet the criteria of the < application process. - �• (a) Landscaping and Site Plan are to be submitted to the Landscaping/Site Plan Review Board for approval (14.25.010 - 470). 7 ((b) THE SITE PLANS ARE TO BE SUBMITTED TO THE SITE PLAN REVIEW , BOARD FOR APPROVAL 914.25.010 - 040)I ' [(c) THE LANDSCAPING PLAN AND THE SITE PLAN WILL BE SUBMITTED TO - F THE OLD TOWN COMMITTEE JOINTLY.] (2) Guidelines. The following guidelines are intended to provide 1 the applicant with an idea of the general criteria the [OLD TOWNE t COMMITTEEI Landscaping/Site Plan Review Board will employ when reviewing 1 proposals for the Townsite Historic (TSH) zoning district. They are ; designed to preserve the characteristics which typify development in the district and provide the basis for preserving the historical character of the district. (a) All alterations to existing structures should be performed so as to preserve the historical and architectural character - of the Townsite Historic (TSH) zoning district. (b) The distinguishing original qualities or character of a building, structure, or site in its environment shall not be destroyed. o:'r:`., :;'.""• The removal or alteration of any historic material or destruction of t architectural features should be avoided when possible. (c) All existing buildings, structures, and sites should be recognized as products of their own time. Alterations that have no historical basis should be discourage. , except buildings that have s functional utilities. f } °7 (d) Changes which may have taken place in the course of time -- are evidence of the history and development of a building, structure, or i site, and its environment. These changes may have acquired significance of their own, which should be recognized and respected. (e) Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations or additions do not destroy the historical character of the structure. The same will hold true on new construction, that is, contemporary design shall not be discouraged if it does not violate the historical character of the surrounding buildings or of the historic district as a whole. i Design proposals for both new construction and alterations to existing ' structures should be compatible with the size, scale, color, material, j -- - --- - and character of the property, the immediate surrounding structures, and -" - those in the historic district. (3) Review Process: The following procedures are for persons who 1� intend to undertake rehabilitation or new construction within the Townsite Historic (TSH) zoning district: - -- —. 1 ;1 LJ t i 1 i 3 F— . 7 � (a) Application is filed with the Planning Department. The �'' landscaping and site plan is filed with the Review Board. (b) The planning department schedules the application for review at the following appropriate meeting. (c) The Board approves or disapproves the landscaping plan and site plan and forwards to the [OLD TOWN COMMITTEE] Building Official. W (4) The following items are required for major rehabilitation/ renovation and new construction within the historic district. These shall accompany the application forms and must be submitted to the [PLANNING BOARD AND THE APPROPRIATE COMMITTEES:] Landscaping/Site Plan Review Board. (a) Three copies of the application signed by the applicant and, if leasing the premises, co -signed by the owner indicating type or nature of business. (b) Current color photographs of the site and of any existing structures representing both the overall condition of the structure and accurately portraying the materials and color shall be submitted. (c) Major modifications requiring a building permit for construction of $10,000 or more shall require the submittal of three copies of a landscaping and site plan showing the existing structure and its relationship to the site and all proposed alterations and additions. These drawings must be to scale. (d) Should any of the reviewing bodies require modification to the submitted exhibition or additional submittals due to unusual conditions, then these must be submitted by the applicant as requested by the Board prior to the applicant receiving a building permit. (e) To provide for a district in which mixed residential and retail enterprises co -habit in a desirable and compatible use: [1] encourage foot traffic wherever possible, compatible with historic character; [2] encourage restaurants, gift shops, parks, etc. compatible with historic character; (3] encourage indigenous Kenai Peninsula flora; [4] encourage historic interpretation. (f) Discourage uses which will violate the historic, scenic quality: [1] no stores or business should involve any kind of industrial manufacture compounding, processing, or treatment of products, except of an artistic nature; (2] discourage more than duplex residences; [3] discourage gas stations, auto repairs, rental storage of any kind, junk, kennels, or similar uses. (5) Development Criteria: (a) Discourage: [1] buildings and building additions that are not compatible in height with adjacent buildings and that violate the existing scale of the district; [2] metal buildings, quonset but style buildings, "modern design" style of architecture. (b) Encourage: 2 3 r i F" i � f -- -- ---- F Exhibi+�;r� 14.20.145 Townsite Historical (TSH) toning District (a) Intent. The TSH Zoning District is intended to provide for a mixed. controlled use in a designated area, which will protect and enhance the historic character. The specific intent in establishing this zone is: (1) To manage all new development and major reconstruction by requiring all applications for a building permit to suomit landscaping and site plans to the appropriate bodies for approval prior to the issuance of the permit. All applicants must meet the criteria of the application process. (a) Landscaping and Site Plan are to be submitted to the Land- scaping/Site Review Board for approval (14.25.010 - 070). ;-_.;.:.;;•,,` " [(b) THE SITE PLANS ARE TO BE SUBMITTED TO THE SITE PLAN REVIEW BOARD FOR APPROVAL (14.30.010 - 040)] [(c) THE LANDSCAPING PLAN AND THE SITE PLAN WILL BE SUBMITTED TO THE OLD TOWN COMMITTEE JOINTLY.] - -. (2) Guidelines. The following guidelines are intended to provide the .. applicant with an idea of the general criteria the Old Town Committee will employ when reviewing proposals for the Townsite Historical (TSH) zoning district. They are designed to preserve the characteristics which typify development in the district and provide the basis for preserving the historical character of the district. _ (a) All alterations to existing structures should be performed so as to preserve the historical and architectural character of the Townsite Historical (TSH) zoning district. (b) The distinguishing original qualities or character of a building. structure, or site in its environment shall not be destroyed. The removal or alteration of any historic material or destruction of architectural features should be avoided when possible. (c) All existing buildings. structures, and sites should be f recognized as products of their own time. Alterations that have no historical basis should be discouraged.. except buildings that have functional utilities. (d) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure. or site. and its environment. These changes may have acquired significance of their own. which should be recognized and respected. (e) Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations or additions do not destroy the historical character of the structure. The same will hold true on new construction, that is, contemporary design shall not be discouraged if it does not violate the historical character of the surrounding buildings or of the historic district as a whole. Design proposals for both new construction and alterations to existing structures ; should be compatible with the size. scale. color, material. and character of the property. the immediate surrounding structures. and those in the historic district. (3) Review Process: The following procedures are for persons who intend to undertake rehabilitation on new construction within the Townsite Historic (TSH) zoning district. 1 , L (a) Application is filed with the planning department. The site plan is filed with the Review Board. for (b) The planning department schedules the application review at the following appropriate meetings. (c) The boards approve or disapprove the landscaping plan and site plan and forward to the Old Town Committee for action. (4) The following items are required for major rehabilitation/ renovation and new construction within the historic district. These shall accompany the application forms and must be submitted to the planning board and the appropriate committees: (a) Three copies of the application signed by the applicant and, if leasing the premises, co -signed by the owner indicating type or nature e , of business. - (b) Current color photographs of the site and and of any existing structures representing both the overall condition of the �. structure and accurately portraying the materials and color shall be submitted. f (c) Major modifications requiring a building permit for construction of $10,000 or more shall require the submittal of three copies !.....; of a site plan showing the existing structure and its relationship to the site and all proposed alterations and additions. These drawings must be to scale. ; (d) Should any of the reviewing bodies require modification to the submitted exhibition or additional submittals due to unusual conditions, then these must be submitted by the applicant as requested by the board prior to the applicant receiving a building permit. (e) To provide for a district in which mixed residential and retail enterprises co -habit in a desirable and compatible use: [1] encourage foot traffic wherever possible, compatible with historic character; (2] encourage restaurants, gift shops, parks, etc. compatible with historic character; [3] encourage indigenous Kenai Peninsula flora; [4] encourage historic interpretation. (f) Discourage uses which will violate the historic, scenic quality: [1] no stores or businesses should involve any kind of industrial manufacture compounding, processing, or treatment of products, except of an artistic nature; (2] discourage more than duplex. residences; [3) discourage gas stations, auto repairs, rental storage of any kind, junk, kennels, or similar uses. (5) Development Criteria: (a) Discourage: (1] building and building additions that are not compatible in height with adjacent buildings and that violate the existing scale of the district; 2 L r- .• i 40 01 [21 metal buildings, quonset but style buildings, "modern design" style of architecture. (b) Encourage: [11 wooden structures including log style, soft colored or natural sidings which would enhance the historic character of the district. (c) Setbacks shall be as stated under the Urban Residential (RU) criteria including 21.76.150(f)(1), except as to existing buildings. 3 L L -_. -�-_-�� .>�-v_ L �-- i L L MEMORANDUM TO: Mayor Williams and Council Members FROM: Janet Loper, Planning Specialsit SUBJECT: Ordinance 1133-86 Pertaining to a New Townsite Historic (TSH) Zoning District DATE: January 15, 1987 The Planning & Zoning Commission held additional work sessions and public hearings to "clean up" the document to bring it into compliance with KMC14.25. Landscaping ordinance after the addition of the site plan requirements. There has long been a discussion over where the district should lie. The final outcome of the additional work sessions and public hearings is that the line should be extended to Lake Street in order to include the location of the old Harbor view building and open up that area for further controlled mixed development. As evidenced by the articles in the Clarion, the public appears to be happy with the steps taken thus far. L - •j Substitute Suggested by: Planning & Zoning Commission CITY OF KENAI ORD33U]CE W. 1133-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KLNAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 14 WITH THE ADDITION OF SECTION 14.20.105 _ ENTITLED "TOWNSITE HISTORIC" (TSH) ZONING DISTRICT.AM WHEREAS, the current zoning within the area described as Kenai Original Townsite currently has varied and conflicting zoning districts; and,: WHEREAS, the Kenai city Council has created an Old Town Committee to -- review and make recommendations pertaining to Kenai Original Townsite; i and, C Y WHEREAS, the Landscaping/Site Plan Review Board, a representative of the Old Town Committee, and the Planning & Zoning Commission have met in several sessions over a period of several months; and, WHEREAS, the Commission has held work sessions and another public f hearing on 1/14/87 to determine if this section will meet the needs o the community, and WHEREAS, as a result of these public meetings the Commission feels the draft "Exhibit All before the Council and attached to this ordinance, now fulfills the needs of the Board, Commission, Council, and Community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: i Section 1• The Kenai • Municipal Code Title 14 be amended by adding Section 14.20.105 entitled"Townsite Historic (TSH) Zoning District" as defined in the attached "Exhibit All. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of February, 1987. John J. Williams, Mayor ATTEST: , Janet Whelan, City Clerk L First Reading: May 7, 1986 Second Reading: May 21, 1986 Third Reading: June 4, 1986 Fourth Reading: July 16, 1986 Fifth Reading: January 21, 1987 Sixth Reading: February 4, 1987 Effective Date: March 4, 1987 L 1 fiewisci (14.20.1451 14.20.105 Townsite Historic (TSH) Zoning District (a) Intent. The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character. The Townsite Historic (TSH) zonina district is located within the bounds as shown on the City of Kenai Official Zoning Map. The specific intent in establishing this zone is'`- (1) To manage all new development and major reconstruction by requiring all applications for a building permit to submit landscaping and site plans to the appropriate body for approval prior to the `- issuance of the permit. All applicants must meet the criteria of the application process. _-t-E�•"' (a) Landscaping and Site Plan are to be submitted to the Landscaping/Site Plan Review Board for approval (14.25.010 - 070). ((b) THE SITE PLANS ARE TO BE SUBMITTED TO THE SITE PLAN REVIEW BOARD FOR APPROVAL (KMC14.25.010 - 040)] [(c) THE LANDSCAPING PLAN AND THE SITE PLAN WILL BE SUBMITTED TO p THE OLD TOWNE COMMITTEE JOINTLY.] (2) Guidelines. The following guidelines are intended to provide the applicant with an idea of the general criteria the [OLD TOWNE COMMITTEE] Landscaping/Site Plan Review Board will employ when reviewing proposals for the Townsite Historic (TSH) zoning district. They are designed to preserve the characteristics which typify development in the district and provide the basis for preserving the historical character E of the district. (a) All alterations to existing structures should be performed so as to preserve the historical and architectural character of the Townsite Historic (TSH) zoning district. (b) The distinguishing original qualities or character of a building, structure, or site in its environment shall not be destroyed. '. The removal or alteration of any historic material or destruction of ; architectural features should be avoided when possible. (c) All existing buildings, structures, and sites should be j recognized as products of their own time. Alterations that have no 1 historical basis should be discourage. , except buildings that have functional utilities. ` (d) Changes which may have taken place in the course of time f are evidence of the history and development of a building, structure, or site, and its environment. These changes may have acquired significance of their own, which should be recognized and respected. (e) Contemporary design for alteration and additions to ! existing properties shall not be discouraged when such alterations or additions do not destroy the historical character of the structure. The same will hold true on new construction, that is, contemporary design shall not be discouraged if it does not violate the historical character of the surrounding buildings or of the historic district as a whole. Design proposals for both new construction and alterations to existing structures should be compatible with the size, scale, color, material, and character of the property, the immediate surrounding structures, and those in the historic district. 1 L L 0 L (3) Review Process: The following procedures are for persons who intend to undertake rehabilitation or new construction within the Townsite Historic (TSH) zoning district: (a) Application is filed with the Planning Department. The landscaping and site plan is filed with the Review Board. (b) The planning department schedules the application for review at the following appropriate meeting. (c) The Board approves or disapproves the landscaping plan and site plan and forwards to the [OLD TOWNE COMMITTEE] Building Official. (4) The following items are required for major rehabilitation/ renovation and new construction within the historic district. These shall accompany the application forms and must be submitted to the [PLANNING BOARD AND THE APPROPRIATE COMMITTEES:] Landscaping/Site Plan Review Board. (a) Three copies of the application signed by the applicant and, if leasing the premises, co -signed by the owner indicating type or nature of business. (b) Current color photographs of the site and of any existing structures representing both the overall condition of the structure and accurately portraying the materials and color shall be submitted. (c) Major modifications requiring a building permit for construction of $10,000 or more shall require the submittal of three copies of a landscaping and site plan showing the existing structure and its relationship to the site and all proposed alterations and additions. These drawings must be to scale. (d) Should any of the reviewing bodies require modification to the submitted exhibition or additional submittals due to unusual conditions, then these must be submitted by the applicant as requested by the Board prior to the applicant receiving a building permit. (e) To provide for a district in which mixed residential and retail enterprises co -habit in a desirable and compatible use: (1] encourage foot traffic wherever possible, compatible with historic character; [2] encourage restaurants, gift shops, parks, etc. compatible with historic character; [3] encourage indigenous Kenai Peninsula flora; [4] encourage historic interpretation. (f) Discourage uses which will violate the historic, scenic quality: [1] no stores or business should involve any kind of industrial manufacture compounding, processing, or treatment of products, except of an artistic nature; [2] discourage more than duplex residences; (3] discourage gas stations, auto repairs, rental storage of any kind, junk, kennels, or similar uses. (5) Development Criteria: (a) Discourage: [1] buildings and building additions that are not compatible in height with adjacent buildings and that violate the existing scale of the district; [2] metal buildings, quonset but style buildings, "modern design" style of architecture. 2 F L 4 t I ;i -, zt -r, - a L Z 1 �7 ki L CITY OF KENAI Del Goa#w 4 MM,,,LAM .611 TUARMUM-Mg MEMORANDUM T0: Mayor Williams and Council Members FROM: Janet Loper, Planning Specialsit SUBJECT: Ordinance 1133-86 Pertaining to a New Townsite Historic (TSH) Zoning District DATE: January 29, 1987 At the last Council meeting, several suggestions were made to "clean up" the ordinance. Mayor Williams suggested that the numbers be changed from KMC14.20.145 to KMC14.20.105 which would change its placement in the index from the last of the zoning items to fit between residential and commercial classifications. Additionally, that verbiage be added to identify the location of the new zoning district. This is more difficult as there are only two natural boundaries which could describe the location. It cannot be done by plat as not all areas are within definitive plats existing. Therefore, the vebiage added relates only to the Official City of Kenai Zoning Map which will depict the zoning district as shown on the attached map. The other changes are corrections to typing errors which can be done at any time should more become apparent. Sections: 14.20.010 14.20.020 14.20.030 14.20.040 14.20.050 14.20.060 14.20.070 14.20.080 14.20.090 o. S.� 4.2 0.110 /O 4.20.10 14.20.120 14.20.130 S�oZO./SlS A.20.140 4.20.150 14.20.151 14.20.152 14.20.153 14.20.154 14.20.155 14.20.156 14.20.157 14.20.158 14.20.160 14.20.170 14.20.180 14.20.190 14.20.200 14.20.210 14.20.220 14.20.221 14.20.230 14.20.240 14.20.250 14.20.260 14.20.270 14.20.280 14.20.290 14.20.300 14.20.310 14.20.320 L 14.20 Chapter 14.20 KENAI ZONING CODE Title. Application of regulations. Establishment of zones and official map. Rules for interpretation. Nonconforming lots, structures, and uses. Zoning of annexed lands. Conservation zone (C zone). Rural residential zones (RR, RR-1 zones). Suburban residential zones (RS, RS-1, RS-2 zones). Urban residential zone (RU zone). Central commercial zone (CC zone).. General commercial zone (CG zone). Light industrial zone (IL zone). Heavy industrial zone (IH zone). Conditional uses. Application for conditional use permit for surface extraction of natural resources. Review of application. Public hearing. Issuance of permit. Operation. Yearly review. Termination. Amendment or transfer. Townhouses. Planned unit residential development. Variance permits. Principal structures. Accessory structures. Sight obstruction on corner lots. Signs and advertising devices. Penalties. Home occupations. Mobile homes. Off-street parking and loadinq requirements. Administration, enforcement, and penalties. Amendment procedures. Public hearings and notifications. Appeals - board of adjustment. Appeal to superior court. Severability. Definitions. Land use table. Development requirement table. 14-15 (City of Kenai C. - A1.. w *^ /Nr � L L_ r Suggested by: Administration 1 CITY OF KENAI ORDINANCE NO. 1186-67 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REVENUES AND APPROPRIATIONS IN THE 1986-87 INCREASING ESTIMATED "SENIOR EMPLOYMENT" FUND BY $50.00. WHEREAS, the State of Alaska has increased the City of Kenai the dollars of fifbadn Senior Employment Grant in amount a to enable a new employee of the program too Ph Ysca1 examination, which is required by the State. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Senior Employment Incresse Estimated Revenues $5O,O0 State Grant AMA Increase Appropriations $50.00 - Miscellaneous PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of February, 1987. JOHN J. WILLIAMS, MPUR ATTEST: ti Janet Whelan, City Clerk �{ First Reading: January 21, 1987 ` Second Reading: February 4, 1987 y Effective Date: February 4, 1987 Approved by Finance: Cella (1/12/87) L r- Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1187-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND BY $3,383 FOR LIBRARY BOOKS. WHEREAS, the State of Alaska has awarded the City of Kenai a Library Assistance Grant in the amount of $2,500; and, WHEREAS, the City has received $883 in library donations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: General Fund Increase Estimated Revenues: State Library Grant $2,500 Library Donations 883 3 383 Increase Appropriations: Library - Books $3,383 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of February, 1987. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: January 21, 1987 Second Reading: February 4, 1987 Effective Date: February 4, 1987 Approved by Finance: agQ (1/13/87) - a Suggested by: Planning 6 Zoning Commission 71 y.. r sy CITY OF KENAI f �(t ORDINANCE H0. 1188-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 14 WITH THE ADDITION OF SECTION 14.20.185 _ ENTITLED "ENCROACHMENT PERMITS". . LTj A " WHEREAS, the Planning & Zoning Commission had been given certain duties -` which assist the public in matters pertaining to lands, and WHEREAS, during the course of reviewing and attempting to meet the needs of the community, it has been found by this body that there is an - area that is lacking and is a problem of sufficient magnitude to require a new section added to the existing zoning code, and { WHEREAS, the Commission has held work sessions and public hearings to ' determine if this section will meet the needs of the community, and WHEREAS, as a result of these public meetings the Commission feels the draft "Exhibit All before the Council and attached to this ordinance, now i fulfills the needs of the Commission and Community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, } ALASKA, as follows: Section 1: The Kenai Municipal Code Title 14 be amended by adding Section , 14.20.185 entitled "Encroachment Permits" as defined in the =A ": attached "Exhibit All �!} - wd PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of February, 1987. John J. Williams, Mayor i ATTEST: Janet Whelan, City Clerk First Reading: January 21, 1987 - - Second Reading: February 4, 1987 _ Effective Date: March 4, 1987 L Chapter 14.20.185 1 F7� 14.20.185 (a) Definitions. Encroachments shall be considered as any object or structure above or below ground belonging to a private j owner other than the municipality which has been constructed or located across property lines or setbacks, exlusive of rights -of -way. (b) Intent: An encroachment permit is the relaxation of the development requirements of this chapter in existing cases and which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of a financial institution. An encroachment permit is not intended for uses within Federal, State, or City rights -of -way, or utility easements. (c) Permit Application: An application for an encroachment permit is filed in writing with the [BUILDING OFFICIAL OR) Planning Department and signed by the owner of the property concerned or representative of the owner. (1) The application shall contain the following: fil A legal description of the property involved; Iiij Plans showing the location of all existing and proposed buildings, objects, rights -of -way or easements, elevations, and any data pertinent to the application. (d) Review Criteria: The [BUILDING OFFICIAL OR] Planning Department shall submit the application to the Planning Commission for review and public hearing. The Planning Commission shall establish a finding that all of the conditions have been found to exist as a prerequisite to issuance of an encroachment permit. (1) The conditions are pre-existing and shall not be based upon other nonconforming land uses or structures within the land use or zoning district. (2) The granting of the encroachment permit shall not authorize a i use that is not a permitted principal use in the zoning district in which the property is located. (3) (e) Public Hearing: The public hearing and notification procedure for an encroachment permit application shall be accomplished in accordance with the requirements of this chapter. (c) Unauthorized Encroachments.. Unauthorized encroachments shall be subject to immediate removal by the owner upon being given notice by the City. Notice shall consist of a written letter, sent by certified mail return reciept requested, or by personal service, explaining the violation and allowing twenty days to remove the encroachment. _7- 7 17) L F (d) Expiration of Permit: Permits shall expire automatically upon termination or interruption of the use and, in addition, in the case of a building, structure, or object, or damage to the building, structure, or object which makes it unecomonic to repair the building, structure, or object, or the expiration of the useful life of the building, structure, or object, whichever comes first. (e) Right to Appeal: Any revocation, suspension, or denial of an encroachment permit by the [BUILDING OFFICIAL OR THE[ Planning Depart- ment may be appealed to the City Council by filing a written notice of appeal with the clerk and stating the grounds for such appeal. The appeal notice must be filed within thirty days after the effective date of the revocation, suspension, or denial from which the appeal is taken. All notices of appeal must comply with Section 14.20.290. (f) Public Hearing: The public hearing and notification procedure for an encroachment permit shll application shall be accomplished in accordance with the requirements of this chapter. L t f, i 1 I i� 1 r— CITY 1111 - OF KENAI 1111 �P `u►�all�_Ilu�' .���a�,. L MEMORANDUM TO: Mayor Williams and Council Members FROM: Janet Loper, Planning Specialist SUBJECT: Ordinance No. 1188-87 Pertaining to Encroachment Permits DATE: January 15, 1987 At the present time, a Variance to the zoning code is used for irregularities prior to construction. However, if there is a pre-existing condition which does not meet the zoning code, a property owner is at a loss to proceed. (Usually his desire is to buy a home or sell his home.) if his home encroaches on to the adjacent property or into a setback he must replat which takes about 3 months minimum and many steps through at least two agencies. The Encroachment Permit is a vehicle by which the property owner can present this document to the local financial institution and Borough which says, in effect, that the City of Kenai has reviewed his problem and approved this permit. The property owner will still have to replat, however, his time has been cut down to three weeks at the most, depending upon submittal date and public hearing time, allowing him to move ahead with his sale. The platting can be accomplished at any point thereafter. 14 L C L e-(4 Suggested by: Planning & Zoning Commission CITY OF KENAI ORDItBAMM MD. 1189-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE SECTION 14.25.010 AND 14.25.020 PERTAINING TO THE LANDSCAPING/SITE PLAN ORDINANCE. WHEREAS, during the course of reviewing and attempting to meet the needs of developers, it has been found by the Landscaping/Site Plan Review Board that there is an area of the code that is lacking, and WHEREAS, the Board has worked towards drafting revisions which would clarify the meaning and intent of the ordinance and sent them on to the Planning Commission according to procedures described by the Code, and WHEREAS, the Commission has held work sessions and public hearings to determine if this section will meet the needs of the community, and WHEREAS, as a result of these public meetings the Commission feels the draft before the Council and attached to this ordinance, now fulfills the needs of the Board, Commission and Community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1• A portion of KMC14.25.010 be amended to read: "The general purpose of landscaping is to visually enhance the city's appearance and reduce erosion and storm runoff. (Ord 1094)" A portion of KMC14.25.020 be amended to read: " 'Commercial development' shall be defined as any improvements requiring a i building permit for new construction or any improvements of $10,000 ; or more located on properties ....." as defined in the attached "Exhibit A". PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of February, 1987. John J. Williams, Mayor ATTEST: t• c Janet Whelan, City Clerk First Reading: January 21, 1987 Second Reading: February 4, 1987 Effective Date: March 4, 1987 L r CITY OF KENAI capdal c/ 4"„ MO FlGA= KEMA ALAM 9MI TMONOUR&,.7M MEMORANDUM TO: Mayor Williams and Council Members FROM: Janet Loper, Planning Specialist SUBJECT: Amend KKC14.25.010 and 14.25.020 Pertaining to Landscaping/ Site Plan Requirements DATE: January 15, 1987 The attached copy of the ordinance with their revisions comes to you from the Planning Comlmission and the Landscaping/Site Plan Review Board who are requesting these changes after having worked with the ordinance felt these changes necessary. 1114.25.010 Intent:" The Board feels that dealing with issues regarding property values should lie with the attorney rather than with the Board. The Board recognized that no development in a situation with adjacent land uses could avoid lower property values to one of the lots. 1114.25.020 Application:" adds Qiia to clarify intent. Presently, the wording of the ordinance has been interpreted to mean that only construction of $10,000 or more need appear before the Board. This was not the intent of Council or the Board. By adding the words, "new" and "or any improvements". The sentence now reads "Commercial development shall be defined as any improvements requiring a building permit for new construction or any improvements of $10,000 or more located on properties within ......." and meats the intent of the ordinance. L t- L r — cl CITY OF KENAI "Od eapd4l a/ 4&"a"' �l�'�d�.�lp► 4..a�f�a',,. MEMORANDUM TO: Mayor and Councilmembers, ty of Kenai FRO im Rogers, City Attorney City of Kenai RE: Item � Ordinance 1188 and Item J4, Ordinance 1189, Amending certain sections of the Zoning Code. Before the Council are two ordinances relating to the City of Kenai zoning code. The Legal Department has some concerns about both the form and content of these two ordinances. It is requested that Ordinance 1188 be defeated and Ordinance 1189 be returned to Planning & Zoning accompanied by the Legal Department's suggested changes. ORDINANCE 1188-87 As to Ordinance 1188-87 (Encroachment Permits), the sole apparent reason for enacting this ordinance appears to be to avoid the time it takes to re -plat properties. The reason being that purchasers of properties or sellers may be aided by the City acquiescing to encroachments rather than making the seller or buyers wait through a re -plat procedure. From a legal standpoint, the way the Kenai Municipal Code section relate to variances (14.20.180), could not be used for encroachments. Traditionally in the law of zoning, variances have not been used for curing encroachments. The problem that arises with granting blanket encroachment permits occurs in a two or three -party situation. If the owner's property is encroaching upon a neighbor's property, the City cannot simply grant an encroachment permit, because the third party's rights are being affected. It is up to the owner to buy that portion of the neighbor's property in order to avoid the encroachment or remove the encroachment itself. It is a civil matter between the two parties, not between the City of Kenai and a potential buyer or seller of houses. 1 L L The memo accompanying the proposed ordinance really limits itself ,e to the one situation where the City desires to reduce the time sellers need to close sales. Absent other specific provisions or bt� reasons, this particular ordinance sounds very much like special - legislation. Special legislation may, of course, be subject to attack by third parties. The first problem with the language of the ordinance is that it is, in effect, adding in certain language and subtracting other language (most referring to the building official) in an -' ordinance which does not even exist yet. If these few additions and deletions are being made to an ordinance approved by Planning { & Zoning, then the matter needs to go back to Planning & Zoning for approval of the additions and deletions. In addition, under Section (d)(3), there appears to be no language. If language is missing, it should be added, or if there is no language for (d)(3), it should be subtracted. '.' After subparagraph (e), the headings appear to be mismarked. They should be remarked to indicate subparagraphs f, g, h, and i. As to the expiration of the permit, it suggests that one of the ` times for expiration is following the useful life of the building or structure. This is too vague and needs to be defined or at least clarified. The last subheading, which should be (i), - contains two words in it that are apparently out of order and -- should not be there. One is misspelled (shll application). These should be removed. In conclusion then, the effect of the proposed ordinance is to create yet another exception to the zoning code. This appears to be an exception to the variances of 14.20.180(c)(2). It is getting to the point where exceptions are going to swallow the rule. Courts have repeatedly invalidated municipal ordinances which grant variances too freely, based upon unlimited criteria. Encroachments are best dealt with as they are. While this may be an inconvenience to buyers and sellers, the system is, in effect, ' not broken and there exists little reason to fix it. - 3 ORDINANCE 1189-87 Y -__ As to Ordinance 1189-87 (Landscaping/Site Plan), there are also several problems. Correction of the landscaping/site plan ordinance seems to be a never ending process. Last summer ' therewere several extensive amendments made to the regulations. The Legal Department recently undertook to consolidate those --- --_ -. amendments into a final form for inclusion in the Kenai Municipal - Code. _ l I L SO w M When the Legal Department attempted to consolidate the various amendments, we found numerous discrepancies and conflicts. The Legal Department has since undertaken to correct these problems and has a set of amendments to the landscaping/site plan code to set everything straight again. Amending the ordinance yet again before we have had a chance to enact an appropriate codified version, only adds to the confusion. The regulations as set forth in the attached Exhibit "A" are, in fact, not the way some of the Code actually appears to date and the Council should have the full information available to it before amending it yet again. The intent, as explained in KMC 14.25.010, includes the maintenance or increase in property values. Admittedly, there was some misunderstanding about this provision of the Code during the convenience store discussions last spring. There is an attorney's memo on the subject clarifying it. Further, the maintenance or increase in property values is well within a city's police power and usually considered a part of zoning powers. See, Mc uillin, Section 24.14. The memorandum accompanying the proposed regulation change suggests that property values should, "lie with the attorney." This is quite unclear and could probably use some clarification. The memo goes on to suggest that, "the Board recognizes that no development in a situation with adjacent land uses could avoid lower property values to one of the lots." This statement is undecipherable also. It could mean that where a commercial development takes place in a zoning next to a residential development, there is an inevitable decrease in the property of the residential value immediately adjacent to the commercial zone. Whatever the meaning, it should probably be clarified. In addition, proposed amendments to KMC 14.25.020 deal with new construction. This section defines commercial development, but does not define industrial development. The words "and industrial" need to be added into the second line after "commercial" and between "development." Also "new construction" should be defined with some sort of clarity. There could be problems if construction has already taken place upon a commercial lot. In conclusion then as to the Ordinance 1189-87, it would be the Legal Department's wish that the Council not act on the matter until we have time to submit the consolidated and corrected 3 L �- J iii I Suggested By: Mayor Williams CITY OF RBNAI RESOLUTION 87-5 CITY OF KENAI A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, SUPPORTING THE KENAI PENINSULA COMMUNITY COLLEGE. WHEREAS, the Kenai Peninsula Community College has been legally established between the Kenai Peninsula Borough School District Board of Education and the University of Alaska Board of Regents; and, WHEREAS, the impetus for the founding, development, and growth of the College has emanated from the citizens, businesses and industry of the Kenai Peninsula; and, WHEREAS, the College has operated efficiently and effectively f within the policies of the Regents through considerable citizen community involvement;and, WHEREAS, the Alaska State Legislature has fully funded degree programs, both college transfer and vocational/technical, and continue to do so at a level capable within the reduced revenue of the State, with such funds placed in the stewardship of the Regents; and, WHEREAS, the College has proven to be one of the most I economically effective delivery systems within the University of Alaska system of community colleges by continuously delivering education at one of the lowest costs per unit in the State; and, WHEREAS, student enrollment has continued at a much higher level than most other community colleges within the State, thus showing the uniqueness of the college, its faculty and staff, and the programs being presented; and, WHEREAS, the reorganization of the University of Alaska adopted by the Regents erodes local control of programs specifically developed and accredited to meet the post secondary needs of the citizens, industry, and the Borough; and, WHEREAS, the new organization removes frontline service capabilities to address the local concerns and needs for college transfer and vocational training appropriate to the citizens of the Kenai Peninsula; and, t I , WHEREAS, the University of Alaska Statewide Administration has not demonstrated that significant reductions have been made in the administrative budgets in areas not related to instruction thus addressing legislative concerns and budget reduction requirements; and, WHEREAS, the City Council of the City of Kenai believes the community's needs could be best met through a structure which provides programs and services determined by the local citizens to meet local needs. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the University of Alaska Board of Regents be requested to reconsider its decision and allow the Kenai Peninsula community which now has a community college to have self-determination whether or not the Kenai Peninsula Community College should be maintained, become a learning center, or be phased out completely; and, BE IT FURTHER RESOLVED that the City Council of the City of Kenai supports the establishment of a structure which allows greater local determination, oversight and administration of funds allocated by the legislature in support of community college courses and vocational programs. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that 4th day of February, 1987. ATTEST: Janet Whelan, City Clerk Approved by Finance: (1/30/87) LIN JOHN J. WILLIAMS, MAYOR L 9 1 CITY OF KENAI " Del Camel o/ Aa"r, TEWMONAM-Un January 29, 1987 T0: Council FROM: John J. Williams �� /✓i`' Gv Mayor f• RE: Resolution 87-6 - Bradley Lake Project and Intertie 40 The material associated with this item is very important and should receive your very close attention. Please take a few extra moments to acquaint yourselves with the Bradley Lake topic material and prepare for a vote on either one of three resolutions: 1) In support of Bradley Lake facility, 2) In support of the intertie system, 3) In support of both in one resolution. L Thank you for your extra consideration. JW:jw L F C Suggested by Council CITY OF KENAI RESOLUTION 87-6 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA IN SUPPORT OF THE BRADLEY LAKE HYDROELECTRIC PROJECT WHEREAS, the Alaska State Legislature has appropriated $282 Million to the Railbelt Energy Fund for the generation and distribution of electrical power throughout the railbelt, and WHEREAS, the Alaska State Legislature has committed $218 Million to the Bradley Lake 90 Megawatt Hydroelectric Project, $168 Million of which has been appropriated, and WHEREAS, the additional $50 Million for the Bradley Lake Hydroelectric Project could be from the Railbelt Energy Fund. The estimated total cost of Bradley Lake is $365 Million, the remainder of which could be financed with revenue bonds repaid with power sales revenue. NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA requests the Alaska State Legislature to provide the full $218 Million of funding for the Bradley Lake Hydroelectric Project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of February, 1987. ATTEST: Janet Whelan, City Clerk JOHN J. WILLIAMS, MAYOR X C L 0 W L r ETA Suggested by Council CITY OF KENAI RESOLUTION 87-6 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA IN SUPPORT OF THE PROPOSED RAILBELT AREA ELECTRICAL TRANSMISSION INTERTIES WHEREAS, the Alaska State Legislature has appropriated $282 Million to the Railbelt Energy Fund for the generation and distribution of electric power throughout the Railbelt, and WHEREAS, an agreement in principle has been reached by all seven Railbelt utilities, which collectively serve more than 75% of the State's population, to support a regional power development program, which would require $218 Million of grant funding for Bradley Lake and to use the Railbelt Energy Fund for construction of transmission interties between the Kenai Peninsula, Anchorage and Fairbanks, and WHEREAS, there is now both an excess of electrical generation capacity in all areas and a need for lower priced power in some areas of the Railbelt, and WHEREAS, upgraded transmission intertie systems would enable each utility within the Railbelt to share electrical power and thereby avoid duplication of capital investment for power generation, and WHEREAS, upgraded interties would enable mutually beneficial arrangements between the utilities whereby Fairbanks area utilities could buy less expensive gas generated power from the Kenai and Anchorage areas, and NOW THEREFORE BE IT RESOLVED BY THE CITY OF KENAI, ALASKA that the Council supports using the Railbelt Energy Fund for financing electrical transmission interties between the Kenai Peninsula, Anchorage and Fairbanks. ATTEST: Janet Whelan, City Clerk JOHN J. WILLIAMS, MAYOR F Suggested by Council CITY OF KENAI RESOLUTION 87-6 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI IN SUPPORT OF THE BRADLEY LAKE HYDROELECTRIC PROJECT AND SUPPORT OF PROPER UTILIZATION OF THE RAILBELT ENERGY FUND WHEREAS, the Kenai City Council requests the Legislature to provide the full $218 Million of funding for Bradley Lake Project, and that no construction delays occur, and WHEREAS, the Kenai City Council supports using the Railbelt Energy Fund for Railbelt Energy Projects with the emphasis on transmission interties between the Kenai Peninsula, Anchorage and Fairbanks. BE IT RESOLVED, that a plan should be considered whereby the Railbelt Energy Funds spent for transmission interties, the Bradley Lake Hydroelectric Project, and other energy projects can eventually be recovered to enable future Railbelt energy project development. Affordability to the ratepayers is the key to any capital recovery plan. BE IT FURTHER RESOLVED, that as a means of meeting the Railbelt's future energy needs, development of coal and natural gas based generation, conservation and hydro power should be considered. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of February, 1987. ATTEST: Janet Whelan, City Clerk JOHN J. WILLIAMS, MAYOR L C r Suggested By: Mayor CITY OF KENAI RESOLUTION 87-6 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, IN SUPPORT OF THE BRADLEY LAKE HYDROELECTRIC PROJECT/RAILBELT ENERGY INTERTIE SYSTEM. WHEREAS, the Alaska State Legislature has committed $218 Million to the Bradley Lake 90 Megawatt Hydroelectric Project, $168 Million of which has been appropriated; and, WHEREAS, the Alaska State Legislature has appropriated $282 million to the Railbelt Energy Fund for the generation and distribution of electric power throughout the railbelt; and, WHEREAS, the additional $50 million for the Bradley Lake Hydroelectric Project could be obtained from the Railbelt Energy Fund. The estimated total cost of Bradley Lake has been placed at $365 million, we suggest that the remainder of which could be financed with revenue bonds repaid with power sales revenue. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that it request the Alaska State Legislature to provide the full $218 million of funding for the Bradley Lake Hydroelectric Project, and that no construction delays occur. BE IT FURTHER RESOLVED, that the construction of the Railbelt transmission interties between the Kenai Peninsula, Anchorage, and Fairbanks be completed using portions of the $282 million intended for that purpose, and that this construction proceed simultaneously during the construction of the Bradley Lake Project. BE IT FURTHER RESOLVED, that a means of meeting the Railbelt's future energy needs to be developed utilizing our natural resources of coal, natural gas based generation, hydroelectric power, and conservation methods to help the State energy needs develop in an orderly manner. 1 L L A PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that fourth day of February, 1987. ATTEST: Janet Whelan, City Clerk (2/4/87) JOHN J. WILLIAMS, MAYOR 2 - ---=-- - s KENAI PENINSULA CAUCUS RESOLUTION 87-2 IN SUPPORT OF BRADLEY LAKE HYDROELECTRIC PROJECT AND THE PROPOSED RAILBELT AREA ELECTRICAL TRANSMISSION INTERTIES. ' WHEREAS, the Kenai Peninsula Caucus requests the Legislature to provide the full funding for Bradley Lake, and that no construction delays occur; and WHEREAS, we support using the Railbelt Energy Fund for Railbelt Energy Projects with the emphasis on transmission interties between the Kenai Peninsula, Anchorage and Fairbanks; and WHEREAS, a plan should be considered whereby the Railbelt Energy Funds spent for transmission interties, the Bradley Lake Hydroelectric project, and other energy projects can eventually be recovered to enable future Railbelt energy project develop- ment. Affordability to the ratepayers is the key to any capital recovery plan; and WHEREAS, as a means of meeting the Railbelt's future energy needs, development of coal and natural gas based generation conservation, and hydropower should be considered; NOW THEREFORE, BE IT RESOLVED BY THE KENAI PENINSULA CAUCUS: Section 1. That the Caucus supports the continued construction of -the Bradley Lake Hydroelectric Project including as an integral part of the project the construction of the j transmission electrical intertie system between Homer and Soldotna. The Caucus strongly urges that the Railbelt Energy funds should be used for Railbelt Energy projects only, and specifically, encourage the following; 1. The Alaska Power Authority should complete work on the project. I 2. The State Legislature should appropriate the funds needed by the Alaska Power Authority for this project. 3. The State of Alaska should continue to develop long range plans of financing for hydroelectric projects that well allow these projects to produce power at a reasonable cost. Kenai Peninsula Caucus i Resolution 87-2 Page 1 of 2 Pages t- j - Section 2. That copies of this resolution be distributed to Governor Cowper, Senate President Faiks, House Speaker Grussendorf, Senators Fischer, Kertulla, Syzmanski and Binkley and House Representatives Navarre, Swackhaamler, Cato, Zawacki and Wallis. Section 3. That this resolution takes effect immediately upon its a opt on. ADOPTED BY THE KENAI PENINSULA CAUCUS ON THIS 21ST DAY OF FEBRUARY, 1987. ATTEST: Mitchel nson, Secretary L Betty J. Glick,President 9 Kenai Peninsula Caucus Resolution 87-2 j Page 2 of 2 Pages L IN 0` CITY OF HOMERv®A(. s�.. CITY HALL 491 EAST PIONEER AVENUE HOMER, AK., 99603-7624 (907)23S-8121 CM gt•123¢S i - January 281, 1987 �os"� Bill Brighton, City Managerc/'y,pgpyH City of Kenai `Jed NO 210 Fidalgo ���zoZ6t8�1�� } . Kenai, AK 99611 { Re: Bradley Lake Hydroelectric Project - Dear Mr. Brighton: Enclosed please find a copy of Resolution 87-2 supporting the Bradley Lake Hydroelectric Project as adopted by the Homer City j Council on January 26, 1987. With the encouragement of the ;} Homer Electric Association and the Homer Chamber of Commerce, the City Council unanimously supports the Bradley Lake Project } and urges legislative funding necessary to complete the project C with no delay in construction. t The Council further urges that a plan be developed in which the Railbelt Energy Funds spent for transmission interties, the Bradley Lake Hydroelectric Project and other energy projects can eventually be recovered to enable future Railbelt energy project development. There appear to be four basic and highly beneficial consequences } of the combined Bradley Lake/Railbelt Transmission Program. These are: 1. Long term consumer electric rates significantly lower than they might otherwise be; 2. Operational advantages and efficiencies for Railbelt electric utilities that would not otherwise be possible, translating into signiiicantly improved regional power reliability; 3. Greatly increased opportunities for economic development in the Railbelt, through establishment of a true electric energy intrastructuLe; 4. A virtually unprecedented regional cohesiveness brought about by creation of the still growing coali- tion supporting the Bradley Lake/Railbelt Transmission System Program, which would not exist if the projects were considered independently. L.� r- January 28, 1987 Page l The Alaska Power Authority's current projections intricate that Bradley Lake power could have an entry rate of 4.9 cents per kWh it all interest earnings derived !:rom past appropriations and the interim construction financing proceeds are used to help finance construction. In contrast, H&A's current wholesale cost of power once blended with the Soldotna gas turbine peaking plant, is now reported to be 4.4 cents per Mi. Other areas of the state have received millions of dollars for energy subsidies from state funds on the promise that the Railbelt would eventually get a 'fair share." The hydroprojects in the Four Dam Pool were completely =inanced with 4479 million in grants and loans. Electric utilities in the bush have received subsidies on the order of 420 million per year from the State Power Cost Equalization Program. Therefore, we believe the Alaska Legislature has a moral obligation to appropriate Railbelt monies at this time for projects within the Railbelt, specifically Bradley Lake and the transmission interties. Thank you for your favorable consideration of this request. Sincerely, CITY OF HOMER -1 /MM n n P: Ca oun Jyor JPC/rah Enclosure (1) Z .� Proposed by Homer Electric CITY OF Ha4ER HOMERi ALA M RESOLUTION 87-2 A RESOLUTION OF THE HOMER CITY COUNCIL SUPPORTING THE BRADLEY LAKE HYDROELECTRIC PROJDLT. i WHEREAS, the Homer City Council has consistently supported construction of the Bradley Lake Hydroelectric Project; and WHEREAS, the Homer City Council now requests the Legislature to provide funding for the project in order that no construction delays will _ occur; and WHEREAS, the City of Honer supports using the railbelt energy fund for railbelt energy projects with the possible emphasis on transmission--==- interties between the Kenai Peninsula, Anchorage and Fairbanks. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Homer urges legislative funding necessary for the completion of the Bradley Lake Hydroelectric Project with no delay in construction. i BE IT FURTHER RESOLVED that a plan should be considered whereby the railbelt energy funds spent for transmission interties, the Bradley Lake j Hydroelectric Project, and other energy projects can eventually be recovered _ to enable future railbelt energy project development. BE IT FURTHER RESOLVED that a means of meeting the railbelt's future energy needs, development of coal and natural gas base generation, i conservation and hydropower should be considered. ' i BE IT FURTHER RESOLVED that the City Manager is hereby instructed to advise the Governor, Legislature, Alaska Power Authority, and the Kenai Peninsula Borough of the City's support for the Bradley Lake Hydroelectric Project. ' DATED at Hamer, Alaska this 26th day of January, 1987. CITY OF HOMER Iohm P. Calhoun, Mayor t Patti J. in, City Clerk F � i Y Suggested By: City Council CITY OF K8NAI RESOLUTION 87-7 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, IN COOPERATION WITH THE CITY OF KODIAK, ALASKA AND THE KODIAK ISLAND BOROUGH OF THE STATE OF ALASKA OPPOSING RECORDATION OF THE TRADE NAME "ALASKAN SEAFOOD COMPANY" FOR A CHANDLER, ARIZONA CORPORATION. WHEREAS, the seafood resources and the developing seafood industry of the State of Alaska are vital to the State's overall economy; and, WHEREAS, since 1980, the State of Alaska has expended significant financial resources through the Alaska Seafood Marketing Institute to successfully promote Alaskan seafood products in the U.S. and international markets; and, WHEREAS, consumers are entitled to expect products labeled in any form suggesting Alaska seafood to be, in fact, seafood of Alaskan origin; and, WHEREAS, appearing in Volume 51, No. 223 of the Federal Register, dated Wednesday, November 26, 1986, is the announcement of an applicant for recordation of trade name, "Alaskan Seafood Company" of Chandler, Arizona which applicant proposes to use said trade name in connection with fresh frozen seafood manufactured in Mexico and the U.S.; and, WHEREAS, a product bearing a trade name "Alaska" or "Alaskan," which is faulty or substandard, which in fact, did not originate in Alaska, would cause undue economic harm to the fishing industry in the State of Alaska; and, WHEREAS, the Alaskan seafood image is one of clean, cold water, clean air, shining mountains, and untouched wilderness, all of which imply superior products from the northern seas; and, WHEREAS, a corporation not even remotely close to Alaska is trying to cash in on superior products from the State of Alaska; L.. at , k - a NOW THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, joins with the City of Kodiak and the Kodiak Island Borough in opposition to the recordation of the trade name "Alaskan Seafood Company" to the Chandler, Arizona corporation in connection with Mexican manufactured seafood products. BE IT FURTHER RESOLVED BY DIRECTION OF THE KENAI CITY COUNCIL, that copies of this resolution be sent to the Honorable Steve Cowper, Governor; the Honorable Frank H. Murkowski, U.S. Senator; the Honorable Ted Stevens, U.S. Senator; the Honorable Donald E. Young, U.S. House of Representatives; the Honorable Paul Fischer, Senator, State of Alaska; the Honorable Mike Navarre, Representative, State of Alaska; the Honorable C.E. Swackhammer, Representative, State of Alaska; Tony Smith, Commissioner, Alaska Department of Commerce; Ms. Mary Tuten, Executive Director, Alaska Seafood Marketing Institute; Kodiak Borough Assembly; and, City of Kodiak City Council. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the fourth day of February, 1987. ATTEST: Janet Whelan, City Clerk (1/30/87) JOHN J. WILLIAMS, MAYOR 2 C C. Suggested by: Administration RESOLUTION NO. 87-08 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR BAGGAGE CONVEYOR INSTALLATION - KENAI AIRPORT TO TRICO CONSTRUCTION COMPANY FOR THE TOTAL AMOUNT OF $24,500.00. WHEREAS, the following bids were received for the above mentioned Baggage Conveyor Installation Kenai Airport on January 29, 1987: f Ap"o BIDDER BID PRICE Trico Construction Company $24,500.00 Stearns Airport Equipment 39,135.00 Goertz Construction Company 44,500.00 WHEREAS, Trico Construction Company's bid of $24,500-00 is the lowest responsible bid which meets the bid specifications, and WHEREAS, the recommendation from the Public Works Department and the Airport Manager is to award the bid to Trico Construction Company for the total amount of $24,500.00. WHEREAS, sufficient funds are available. WHEREAS, the Council of the City of Kenai has determined that awarding this contract to Trico Construction Company for the total amount of $24,500.00 is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for a Baggage Conveyor Installation - Kenai Airport be awarded to Trico Construction Company for the total amount of $24,500.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of February, 1987. JOHN WILLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance: .If4d Written by Public WorkW;. u ul Gp / 4 of i t i r a1 ,. = IMWALUM I yl! zT V i�l �T-.V-1111Vjy TO: Mayor and Councilmembers, City of Kenai ! i FROM: Carol L. Freas, Acting Ciollelk I City of Kenai { DATE: February 4, 1987 RE: Liquor License Renewals For clarification, I have listed the applicants for liquor license renewals by agenda item number and noted their status with the Borough as of February 4, 1987. ITEM 11: Pizza Paradisos NO OBJECTION j 2/4/87 Telephone Call Letter to follow. I American Legion Post 20 NO OBJECTION 2/4/87 Telephone Call. •� Letter to follow. Elks Lodge #2425 NO OBJECTION , 2/4/87 telephone call. Letter to follow. I ITEM 12 i The Rig Bar NO OBJECTION 1/29/87 letter. j Italian Gardens NO OBJECTION ! --- - 1/27/87 letter. Little Ski Mo Drive Inn OBJECTION. Move to 2/18/87 meeting. i _- i j( L ITEM 13 Oaken Reg #58 Kenai Country Liquor ITEM 14 Larry's Club Peninsula Oilers One Stop Liquors Uptown Motel, VIP Restaurant & Lounge Windmill Restaurant Kenai Merit Inn \clf E L r- Consent Agenda Item. Consent Agenda Item. NO OBJECTION 1/29/87 letter. NO OBJECTION 2/2/87 telephone call. Letter to follow. NO OBJECTION 1/27/87 letter. NO OBJECTION 1/21/87 telephone call. Letter to follow. NO OBJECTION 1/27/87 letter. 2/4/87 request from Mr. Lon Hals to move to 2/18/87 meeting. L t C e 0 e e SFEVECOMM GO, DEPARTMF" OF REVENUE 550 V. 7th Avenue ALCOAWCBEVERAWCOAlMESOARp Anchorage, Alaska 99501 January 22, 1987 Janet Whelan, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Whelan; We are in receipt of the following application(s) for renewal liquor license(s) within the City of Kenai You are being notified as required by AS O4.11.520. BEVERAGE DISPENSARY LICENSE � THE RIG BAR -- �'-'Q4 �� ( , RESTAURANT EATING PLACE LICENSE ITALIAN GARDENS LITTLE SKI MO DRIVE INN moots--`'Ld, RESTAURANT DESIGNATION PERMIT LITTLE SKI MO DROVE INN L L Z _ K KENAI PENINSULA BOROUGH BOX 850 • SOLOOTNA. ALASKA 99669 PHONE 262.4441 STAN THOMPSON MAYOR January 27, 1987 City of Kenai Atten: Janet Whelan 210 Fidalgo Kenai, AK 99611 RE: 1987 Liquor License Renewal Applications for: Kenai Country Liquor, Package Store Windmill Restaurant, Beer & Wine License Carr's Oaken Keg, Package Store One -Stop Liquor (Boy's Ltd.), Package Store XItalian Gardens, Restaurant/Eating Place Dear Janet: Please be advised that the Kenai Peninsula Borough has no recommendation for protest of the above noted liquor licenses at this time. The Sales Tax accounts registered for these businesses are filed through the 3rd quarter of 1986. Personal property tax accounts registered to either the applicants or businesses are current through the tax year 1986. All other tax accounts registered with the Borough in either the owners' or applicants' names are current at this time. Thank you for your cooperation in this matter. Sincerely, Linda Barclay Delinquent Acct. Techn. L , i - i i I - i 1 L° KENAI PENINSULA BOROUGH '� d BOX850 SOLDOTNA.ALASKA 99669 L PHONE 262.4441 January 27, 198; STAN THOMPSON MAYOR Alcoholic Beverage Control Board Attn: Betty Calhoun 550 W. 7th Ave. Anchorage, AK 99501 RE: 1987 Liquor License Renewal Protest: Little Ski-Mo Drive Inn, Kenai, AK Dear Ms. Calhoun: The Kenai Peninsula Borough hereby notifies the Alcoholic Beverage Control Board of its protest to the 1987 renewal of the liquor license for his protest is for the reason that the applicant is delinquent in taxes to the Borough as follows: Sales Tax Account No. 10915. Current balance due of $640.00 (NSF check interest calculated through 1/31/87 includes $15.00 NSF fee) for period 11/86, plus an outstanding balance of $110.30. Account is missing monthly filings for 6/86 and 10/86 (Interest calculated through 1/31/87) 12/86 filing will be due and payable 1/31/87. Personal Property Account #05292. 1986 taxes due in the amount of $236.96 (interest calculated to 2/15/87.) This protest is made pursuant to a policy established by KPB Ordinance 85-75 (Alternate) to protest license applications if the applicant is not current in his tax obligations to the Borough and pursuant to statute allowing protest for unpaid taxes arising out of the operation of the licensed premises. The applicant is being advised of this protest by copy of this letter. The applicant may contact the Borough Delinquent Accounts Office, Linda Barclay, ZENITH 4441 ext. 229, L ,E r Little Ski-Mo Drive Inn Page 2 in order to bring the above noted tax accounts current and the Borough will then withdraw any protest for delinquent taxes. If the aFpl.icant wishes to have a hearing before the Assembly regarding this protest, he should contact the Borough Clerk to be placed on the agenda. Sin rely, C)j /41e - Linda Barclay Delinquent Accounts Technician cc: Little Ski-Mo Drive Inn, Drawer 4363, Kenai, AK 99611 City of Kenai, Janet Whelan, Clerk, 210 Fidalgo, Kenai, AK 99611 IN a e o o sawcowm W DBPARTNIENT OF RIEVENUE 550 W. 7th Avenue NX"L/CBEVERAQECONYWLSOARD Anchorage, Alaska 99501 inuary 21, 1987 Ms. Janet Whelan, Clerk City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Ms. Whelan: We are in receipt of the following application(s) for renewal of liquor license(s) within the City of Kenai being notified as required by AS 04.11.520. PACKAGE STORE Oaken Keg #58 Kenai Country Liquors L You are 05 - _. W t 3� A A� x I r- KENAI PENINSULA BOROUGH BOX 650 • SOLDOTNA. ALASKA 99669 PHONE 262.4441 STAN THOMPSON I !; -, MAYOR January 27, 1987 City of Kenai Atten: Janet Whelan 210 Fidalgo Kenai, AK 99611 RE: 1987 Liquor License Renewal Applications for: -----,> Kenai Country Liquor, Package Store Windmill Restaurant, Beer & Wine License Carr's Oaken Keg, Package Store One -Stop Liquor (Boy's Ltd.), Package Store Italian Gardens, Restaurant/Eating Place Dear Janet: Please be advised that the Kenai Peninsula Borough has no recommendation for protest of the above noted liquor licenses at this time. The Sales Tax accounts registered for these businesses.are filed through the 3rd quarter of 1986. Personal property tax accounts registered to either the applicants or businesses are current through the tax year 1986. All other tax accounts registered with the Borough in either the owners' or applicants' names are current at this time. Thank you for your cooperation in this matter. Sincerely, Linda Barclay Delinquent ACCt. Techn. L ..� C y e o 0 0 SUMUREW. COMNM DBPARTIMENT OF MVENUB 550 W. 7th Avenue ALL0�WCBEWRAGEC0NjWL�iRD Anchorage, Alaska 99501 January 20, 1987 119 C� C.. N. Janet Whelan, Clerk.: City of Kenai 210 Fidalgo Kenai, AK 99611 '. Dear Ms. Whelan; We are in receipt of the followin applications) for renewal liquor license(s) within the �ity of Kenai You are being notified as required by AS O4.11.520. BEVERAGE DISPENSARY LICENSE RESTAURANT DESIGNATION PERMIT LARRY'S CLUB KENAI MERIT INN KEANI MERIT INN UPTOWN MOTEL VIP REST & LOUNGE —see 0AW- WINDMILL RESTAURANT RECREATIONAL SITE LICENSE PENINSULA OILERS PACKAGE STORE LICENSE ONE STOP LIQUORS g'LE- f i ! 0.4 C r KENAI PENINSULA BOROUGH l'��• 80X 850 • SOLDOTNA. ALASKA 99669 �R,�+.._ - PHONE 262.4441 STANTHOMPSON MAYOR December 24, 1986 City of Kenai Atten: Janet Whelan 210 Fidalgo Kenai, AK 99611 Ee19:9i RE: 1987 Liquor License Renewal Applications for: Mr. D's and King Oscars town Motel and Annex, The Back Door, VIP Restaurant & Lounge Rainbow Bar Dear Janet: Please be advised that the Kenai Peninsula Borough has no recommendation for protest of the above noted liquor licenses at this time. The Sales Tax accounts registered for these businesses are filed through the 3rd quarter of 1986. The personal property tax accounts for both the owners and businesses are current through the tax year 1986. All other tax accounts registered with the Borough in either the owners' or applicants' names are current at this time also. Thank you for your cooperation in this matter. Sincerely, amela A. McKee Delinquent ACCt. Techn. L L L.� i I t is P KENAI PENINSULA BOROUGH BOX 850 • SOLOOTNA. ALASKA 99889 PHONE 262.4441 January 27, 1987 City of Kenai Atten: Janet Whelan 210 Fidalgo Kenai, AK 99611 RE: 1987 Liquor License Renewal Applications for: Kenai Country Liquor, Package Store Windmill Restaurant, Beer & Wine License Carr's Oaken Keg, Package Store i One -Stop Liquor (Boy's Ltd.), Package Store Italian Gardens, Restaurant/Eating Place Dear Janet: STAN TMOMPSON MAYOR Please be advised that the Kenai Peninsula Borough has no recommendation for protest of the above noted liquor licenses at this time. The Sales Tax accounts registered for these businesses are filed through the 3rd quarter of 1986. Personal property tax accounts registered to either the applicants or businesses are current .through the tax year 1986. All other tax accounts registered with the Borough in either the owners' or applicants' names are current at this time. Thank you for your cooperation in this matter. Sincerely, c Linda Barclay Delinquent Acct. Techn. U/wt jopYO veGf KENAI PLANNING & ZONING COMMISSION January 14, 1987 Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Present: All Commissioners Present a Swear in New Members: Church, Mischou, O'Reilly, b. Election of Chair and Vice Chair NOMINATION FOR CHAIRMAN: Commissioner Smalley moved to nominate Lee Lewis, seconded by Commissioner Bryson Nominations were closed, Commissioner Lewis will remain Chairman. NOMINATION FOR VICE CHAIRMAN: Commissioner Osborne nominated Hal Smalley as Vice Chair, seconded by Commissioner Bryson Nominations were closed, Commissioner Smalley will remain Vice Chair 2. APPROVAL OF AGENDA The agenda was approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Amend KMC14.20.185 by Adding New Section Pertaining to Encroachment Permit Planning Specialist Loper explained that this amendment comes about by request of the Commission for a measure to assist those homeowners who do not fall under the variance criteria. This does not approve encroachments into ROWS. Chairman Lewis opened the issue for comments from the public. Jackie Russell came forward to ask if these amendments pertained to future buildings, answer no, they refer to pre-existing cases only. -- -- Wiz_= - _==�:=-;-;r=�:��__.._-__._n�.__ . _ _:_ > __- �... � --- __ •r.. - - - L i i Sir - t s L r r _ r PLANNING & ZONING COMMISSION January 14, 1987 Page 2 There being no further comments, the issue was brought back to the Commission. MOTION: Commissioner Smalley moved approval of KMC14.20.185 adding new section pertaining to encroachment permit, seconded by Commissioner Osborne. Commissioner Bryson used a scenario for question: if in the next building season, a contractor builds a building which is in violation, they will not be able to use this section to resolve their problems, answer no. What is being constructed at the time is not a pre-existing use. This body, at one time, had considered penalties for construction violations, these are entirely different situations. VOTE: Motion passed unanimously b. Amend KMC14.20.145 by Adding New Section Pertaining to New Townsite Historic Zone Planning Specialist Loper explained that this section had been placed on hold by the Council pending the approval of the Site Plan Ordinance which is now in place. This section returns to the Planning Commission due to the fact that there has been a request to extend the boundaries of the proposed zone. The text of the section remains the same. Certain members of the public feel that such buildings as the Harbor View are between 40 and 50 years old and should be included. Commissioner Bryson stated: for the record I am part Amer in property that is included in the zoning modification and unless there is some objection, I will be voting on the issue. Chairman Lewis felt there would be no objection. Chairman Lewis opened the issue to the public. Father Targonsky: have all property oAmers been notified? Answer no, the code has a provision that any large zonings do not require individual notification. Notices have appeared in the newspaper. John Williams, appearing as resident of the city and property owner in the area to be rezoned. Mr. Williams asked for detailed explanation, it was provided. Mr. Williams explained that he had approached this Commission about a year ago about a zoning change and is glad that it is moving forward. Jackie Russell asked if the newspaper was correct when they said no more than duplex style residences are allowed, answer, the code reads discouraged rather than prohibited. Chairman Lewis returned the issue to the Commission. - e' •t�+- C f i PLANNING & ZONING COMMISSION January 14, 1987 page 3 MOTION: Commissioner Osborne moved approval of KMC14.20.145 by adding the new section, seconded by Commissioner O'Reilly. Councilman Wise stated that he had a problem with the ordinance, under item 4-c it forwards the plan to the Old Town Committee and it should not. After approval and finalization that Committee will be sunsetted. The Commission agreed and exchanged the word Old Tarn cmuittee for Building official. The section will be amended and passed on to the Council. MOTION AMENDMENT: Commissioner Bryson moved to amend the main motion by adding correction to item c, removal of the words Old Town Committee and replaced with Building Official, seconded by Commissioner Smalley. VOTE AMENDED MOTION: Motion passed unanimously. VOTE MAIN MOTION: Motion passed unanimously. c. Amend KMC14.20.240 Pertaining to Mobile Homes and Adding Verbiage Pertaining to Recreational Vehicles Planning Specialist Loper explained that this is also by request of the Commission. Several complaints had been received by private individuals and public agencies of different types of vehicles being used for living purposes in areas where they are inappropriate. These revisions are placed with the intent of helping those persons who do have complaints. These revisions are not intended to interfere with the bona fide tourist who comes to use campgrounds or any other area for a short time. The Commission agreed to the addition of the words "recreation vehicles" to all passages which currently exist with only the words "mobile homes". The Commission asked for definitions of recreational vehicles, this will be added under section 14.20.320. The Commission discussed the verbiage of 14.20.242 with several suggestions, none meeting with the satisfaction of the Commission. *for the purpose of discussion, RV's will be defined as vehicles designed for temporary or permanent habitation. Chairman Lewis opened the issue to the public for comment. Father Targonsky asked the Commission if this meant that the 30 days means you can have your mobile home on a site for 30 days then move it to another location for another 30 days. Chairman Lewis answered that the ordinance states anywhere in the city for less than 30 days. Father Targonsky stated that a person could take it out of the city for one day and return and be legal. Councilman in PLANNING & ZONING COMMISSION January 14, 1987 Page 4 Wise answered that the ordinance could get very specific, but then you have defeated the entire concept. The Commission next discussed the 30 day clause. Commissioner Smalley suggested, "no motor home, RV, etc., may be used as a residence or sleeping quarters after it has been parked in the city 30 days". The Commission agreed that it would create triple negatives, however, that is the idea. Bill Brighton suggested that the canneries use that type of arrangement and placing a 30 day limit on them would be restrictive. Chairman Lewis answered that what this is for is only a guideline to give the city the opportunity to do something about those nuisances. Bill Brighton felt that the term nuisance can tie yourself up and nullify what you are trying to do in the first place. Planning Specialist Loper explained that this verbiage comes from the Kodiak code and is workable there, further it is placed under the zoning code rather than the police section of the code so that the city would be more responsive to complaint than outright enforcement. The Commission suggested a fee for areas such as the canneries. MOTION: Commissioner Bryson moved to continue public hearing to the next regularly scheduled meeting, seconded by Commissioner Osborne. Commissioner Smalley asked if the item did not return to the Commission from the attorney by the 28th, do we need to readvertise, answer from Commission, yes. VOTE: Motion passed unanimously 5. APPROVAL OF MINUTES OF December 10, 1986 Minutes were approved as submitted Chairman Lewis called a 10 minute break. 6. OLD BUSINESS None 7. NEW BUSINESS a. Vacation Request for 66' of Section Line Easement Lying Within and Adjacent to Lot 1, Angler's Acres S/D - McKechnie/Foster Planning Specialist explained that this type of item usually comes before the Commission and Council prior to Borough action, however, in this case the City did not receive notification in time for the Borough action which was denial. The applicant has requested the item come before the City through an appeal process. It will be handled as a normal vacation request, that is, the Commission will (71 N k€€ PLANNING & ZONING COMMISSION -- f January 14, 1987 r= Page 5 } _ review the issue and pass along a recommended to'the Council who as Board of Appeal. The applicant supplied material 1 t== will stand a which were not brought out at the Borough level, which you now have before you. The applicant felt the verbiage on the application itself was worded badly. It uses terms which suggest restricting ; the public access to the river, where this is not the case. The j' applicants wish to provide direct access in an orderly way and include an easement for the drainage ditch. Commissioner Smalley noted that the access would be provided, # however a fee would be involved. Planning Specialist Loper explained that the applicants could do so without the vacation as z` = they own the property. The vacation would merely give them r, additional space for the project. Commissioner Bryson noted that the wording says they are willing to provide access, however this requests that public access be eliminated. It appears that this is # what the state also suggests in the letters provided. Bill Brighton, City Manager spoke. It appears that the river study committee was saying that there are not enough accesses to the i ,t Kenai River between the City boat ramp and Eagle Rock. They are ,r " encouraging additional accesses to the river. With that recommendation, our Cunningham Park has a boat launch, if you can [ carry your boat down, its not feasible to drive down and launch }u your boat. Therefore the City has been looking at it for either ` restricting boat launching and leave it to fishing or providing launching. During the fishing season that place is so crowded and congested that it is not practical to provide boat launching 4 a, without spending substantial amounts of money to upgrade. Council s� also considered a suggestion to go across Beaver Loop and acquire f '•". real estate to provide parking because you couldn't possibly park + j all those cars in that small park. The Chamber of Commerce became involved through their boardwalk on Bridge Access Rd. and it was suggested to them that if there was i some way private enterprise could undertake to build another boat ramp or launch into that river it would help alleviate the _ congestion and put a middle section between the City boat ramp and Eagle Rock. From those conversations came this idea that you now be have before you. Most of the folks at the City felt this would a great idea because the City is not going to be involved in spending substantial sums in order to provide an additional boat j access to that river and encouraged this individual to pursue that operation. Yes it will deprive the public from a free boat launch because he is not going to expend that money that you must in construction of a site such as this. At the present time, even though the public has access you can't put a boat in down there. It is impractical due to soils, the bank, etc. unless it is one that you can pick up and carry. Therefore if he is going to expend the money to build a reasonable boat launch, some of the folks at the City felt this would be a good idea. I don't know how it got - in front of the Borough before coming to you, however, it did. I - i L PLANNING & ZONING CONXISSION {' January 14, 1987 Page 6 fl 5 1 In conjunction with the boardwalk that the Chamber is promoting and _V T s apparently is going to get built, they became involved in this - } t` project also and are willing to lend a hand to this individual. Hey,. came to us and we have attempted to make the road, from the ` permitting standpoint, as easy as we possibly can, hoping that if eventually there will be another area along the river within the J City where individuals can launch their boat. You can launch your r r9 boat at Eagle Rock, but not for free. The only free place in the i City, is the City boat ramp at the canneries and the City feels that it might take a burden off their shoulders of trying to acquire, pay for, and build another boat ramp in order to create easier access to the river. John Williams, I agree with City Manager Brighton for the need for this type of facility, however, some of the things that bother me V is the statement to restrict public access through the properties _ and help to maintain natural drainage. As you are well aware, Congress set aside 66' easements along section lines for public access. This is one of the only section lines that I can see that would allow public access in the general vicinity. I am concerned about the letter from the Alaska Dept. of Fish & Game in which they state that they have plans to spend several million dollars on the i Kenai Peninsula for recreational access and has received inquiries �. from Kenai River property owners interested in selling property which totals over $3 million. It does not appear to be in the best interests of the state to vacate lands on the one hand and to spend"' ' public funds to acquire lands on the other. I tend to agree with - that, you have a gentleman that says give me the land and I will expend my own money, while on the other hand you have the state saying that they will be spending money to acquire, however, we C will not be spending money. I feel that more material should be - reviewed, if he is going to charge for the launching, where the drainage is, etc. i ti. Planning Specialist Loper referred to the material submitted at the meeting from the applicants and explained some detail. Mr. Williams commented that there had been a similar situation where the City had given land away for a large project and the City ended t up reclaiming those lands at a price of $125,000. I would encourage the Commission to wait on a decision until full plans have been submitted. Councilman Wise indicated a desire to see an entire package brought before the Commission feeling that the Borough had denied the vacation due to the lack of such information. Commissioner Bryson i t referred to the proposed boat ramp profile indicates a public boat - ramp which infers that there is no fee. In looking at the area , - adjacent to the section line exists either as an easement or j undeveloped ROW. I would presume the property owner that has a deed - - - to that property has the right to use the property until it is f - developed for access by the appropriate government. It appears that he has plenty of room to be able to develop a boat ramp on _ that lot. He could use the easement for other non -permanent �' facilities without a vacation. I am concerned with restricting L PLANNING & ZONING COMMISSION January 14, 1987 Page 7 � foot access to the river under either circumstances. I would be supportive of a private boat ramp in the area but not at the expense of eliminating foot access. Chairman Lewis asked if there was foot access at the present time, answer yes. Councilman Wise stated that he was not aware there was a path there. Commissioner Smalley stated that people have used the path for a long period of time with Mr. McKechnie chasing them away. Commissioner Smalley referred to the notation concerning the drainage ditch and asked if the City were going to maintain it. I believe they had to come before us before when they wanted to deepen that drainage. Commissioner Bryson asked if the City would be doing that man made water course as a part of the Angler Drive project, it is unknown. Commissioner Osborne commented on the letter from fish & game, it appears as though the letter had been written by someone who had never viewed the site. Commissioner Mishou commented that what it appeared to him was that the individual was asking for the Commission to recommend approval of a vacation which would allow a private individual to put in a boat ramp and collect fees to further enhance his private business. Commissioner Smalley referred to the letters submitted to the Borough; ADF&G has suggested that all public access points to the river should be maintained, Div. of Parks says the same thing. Planning Specialist Loper referred to the Kenai River Study which presents the concept that private individuals should be encouraged to develop facilities along the river. Councilman Wise asked the Commission to make some type of recommendation for the Council. Several Commissioners stated that they would like to have the issue postponed to the next meeting with additional material presented. Councilman Wise stated it is immaterial. The only thing before you tonight as in the case of the Borough is the vacation with the retention of a 25' drainage easement. MOTION: Commissioner Smalley moved to recommend to the Council to uphold the denial of the vacation of the 66' section line easement, finding of fact; denial because specific criteria, which is requested by the state agencies was not submitted referring to denial of public access along a section line to the river, seconded by Commissioner Mishou. Commissioner Bryson stated for the record, during the public hearing at the Borough there was one representative of the group that petitioned for this vacation. After the submittal of the state information, Mr. Foster indicated that he didn't care whether or not the application was approved or not because his concern was a 25' drainage easement was being maintained and that was his primary interest at the time, he explained nothing about future development in the area. There were no other individuals commenting on it. VOTE: Motion passed unanimously. L 4. 1 r pLANI3ING & ZONING COMMISSION January 14, 1987 Page 8 Commissioner Mishou stated that it would be nice to have a paved ramp, an RV park, and a lot of these things provided we did not help a private individual make money. Is there any way we can recommend the submission of a complete operational plan and a fee schedule including use of the fees, answer no. b. Preliminary Plat PZ87-1: Baron Park S/D N6 Planning Specialist Loper referred the Commissioners to the memo from Land Specialist Gerstlauer. MOTION: Commissioner Bryson moved approval of PZ87-1, seconded by Commissioner Smalley VOTE: Motion passed unanimously 8. PLANNING a. Amend Zoning Code: 14.25.010 and 14.25.020 Pertaining to Landscapina/Site Plan Regulations Planning Specialist Loper explained that this item comes from the Review Board who, after working with the "new" site plan portion of the ordinance felt that the verbiage still did not quite convey the intent and went on to explain. Commissioners Bryson and Smalley discussed the definition of the word new, stating that the interpretation could be an addition to an existing structure or changing the interior of the structure. Planning Specialist Loper explained that the Board used the word "improvement" because it would cover just about any circumstance in the building industry. Commissioner Smalley asked if the building inspector had reviewed these amendments, answer yes, they originally came about at his suggestion. It is his decision as to whether or not a contractor goes before the Board. MOTION: Commissioner Smalley moved to approve amended 1=14.25.010 & KMC14.25.020, seconded by Commissioner Osborne VOTE: Motion passed yes: Lewis, Church, O'Reilly, Osborne, Smalley, & Mishou no: Bryson 9. REPORTS ; a. City Council !� Councilman Wise wished to correct the Council agenda, under the report by Joe Arness, the word is "agree" which is not the action of the Council. The Council agreed not to automatically ban the t L PLANNING & ZONING COMMISSION January 14, 1987 Page 9 baling facility, and to hear more, not agree to the facility itself. b. Borough Plannina Commissioner Bryson reported on the request to vacate already discussed. c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. Letter from Kenaitze Indian Tribe b. Letter of Resignation from D. Carignan c. Letter of Resignation from B. Zubeck d. Borough Planning Commission Minutes - Sprucewood Glen Vacation e. Council Agenda - December 17th and January 7th f. Borough Planning Agenda - December 15th and January 5th CNo comments 12. COMMISSION COMMENTS & QUESTIONS Commissioner O'Reilly asked for length of terms. It shall be provided. Commissioner Bryson asked Council feeling on the application for Tract F Dena' Ina and what changes go along with the removal of the word "advisory". Councilman Wise answered that the Council introduced an ordinance authorizing sale of Tract F and will be up for public hearing next meeting. The word "advisory" was related more to the Borough when it was formed years ago when you were advisory to the Borough. The Council took it out because you do have functions authorized by Council that are not advisory, particularly with the -resumption of zoning powers. Technically every group is advisory to the Council. It was one of the least controversial issues we have had. Commissioner Smalley asked if Parks & Rec had submitted comment on the use of that tract, answer from Councilman Wise, Kayo McGillivray indicated that Commission had no use. Commissioner Smalley noted that the Commission had not met until last night, Councilman Wise answered that Kayo is authorized to speak for that body. 13. ADJOURNMENT There being no further business, the meeting was adjourned. The next regularly scheduled meeting will be Wednesday, January 28th. Janet Loper, Planning Specialist Secretary to the Commission r M j f _ . f I i M KENAI ADVISORY LIBRARY COMMISSION January 6, 1987, Tuesday, 7:30 p.m.• AST Held, Kenai Community Library Minutes of Regular Meeting Presiding: Linda Swarner, Chairwoman Present Linda Swarner Doug Emery Kathy Heus Chris Reynolds Susan Smalley Paul Turner r Absent Mary Quesnel (excused) Meeting was called to order by Chairwoman Swarner at 7:40 p.m. In attendance: Chris Monfor, City Council Representative Library Director, Emily DeForest 1_ ROLL CALL a. Roll was called. Six (6) commission members present and one (1) excused absent. Chairwoman Swarner announced the son resignation es it on of Commission Member Mary Quesnel. er Quesnel will be replaced tomorrow night at the Council Meeting. b. No new members. L C. Election of officers. Chairwoman Swarner asked for nominations for Chairman and Vice Chairman. Commissioner Smalley nominated Commissioner Linda Swarner for Chairman. The nomination was seconded by Commissioner Emery. Commissioner Smalley moved that nominations be closed. Seconded by Commissioner Heus. Chairwoman Swarner asked for nominations for Vice Chairman. Commissioner Reynolds nominated Commissioner Heus. Seconded by Commissioner Emery. Commissioner Turner moved nominations be closed. Seconded by Commissioner Smalley. L F- KENAI ADVISORY LIBRARY COMMISSION January 6, 1987 Page -2- 2. APPROVAL OF AGENDA MOTION Commissioner Heus moved that the agenda be approved. The motion was seconded by Commissioner Turner. The motion passed unanimously. 3. APPROVAL OF MINUTES - December 2, 1986 Chairwoman Swarner stated there was one correction on page 4, section ( b) , Jeanette Neel's name is misspelled. Correction noted. Commissioner Emery would like it noted on the minutes that 'Absent" be stated as 'Excused" in parenthesis when applicable. MOTION Commissioner Emery moved that the minutes be approved as amended. Seconded by Commissioner Smalley. The motion passed unanimously. 4. DIRECTOR'S REPORT L Director DeForest reported that the open house went very well, with over 300 hundred people in the Library. The volunteers were pleased. Director DeForest handed out material regarding computer software available at the library for both the IBM and Apple's. This is public domain software. Commissioner Emery asked about the software. Director DeForest explained; educational, bookkeeping materials, write Program, etc. General discussion was held regarding programs. EW IN L 0 12 W r RENAI ADVISORY LIBRARY COMMISSION January 6, 1987 Page -3- Director DeForest handed out copies of the operating budget of expenditures and encumbrances for the library as of December 1. Director DeForest stated that books are going up an average of 32%. Chairwoman Swarner asked if the legal services fund had been used. Director DeForest stated, no, not yet. Chairwoman Swarner asked if the janitorial services would go to bid. Director DeForest said the whole city would go to bid for janitorial services this year and would be for a three year contract. Landscaping was discussed. Director DeForest reported that the gardening was done by contract and paid for from library funds. Rentals, re -binding and printinq was discussed. Costs and procedures was brought up for discussion. Chairwoman Swarner asked about communications. Director DeForest stated that was telephone and Alascom. Chairwoman Swarner asked if the $16,000. would be used. Director DeForest stated yes and explained further. There were comments regarding the increase in utilities. It was explained because of the expansion, which doubled the size of the library building. Small tool category was clarified for commission members. Repair and maintenance supplies was also discussed. Commissioner Heus asked about transportation. Director DeForest explained that this included travel and hotel. Director DeForest reported further that circulation went down about 2000 books for December, which is typical of December. There were 609 volunteer hours. The average is approximately 168 hours per month. Also, this week a couple visiting from Palm Springs have worked eight hours a day as volunteers at the library. i t KENAI ADVISORY LIBRARY COMMISSION January 6, 1987 Page -4- 5. OPEN HOUSE a. Christmas open house had been discussed earlier. Chairwoman Swarner asked if a thank you note had been sent to Betty. A note will be sent. Director DeForest stated that the couple from Palm Springs also donated $50.00 to the library for new books, in their name, as a Christmas gift. b. Request for Proposal for Automation System. Director DeForest reported that the request as written was approved by the State Library with a minor change. The city has also approved the proposal. The city asked that a vender response sheet be made out. The proposal would be ready for bid as soon as printer is fixed, in the very near future. 6. NEW BUSINESS L a. Budget 1987/1988. Chairwoman Swarner asked for any recommendations. Councilwoman Monfor explained that perhaps that commission may be premature in addressing the budget at this time. The concern of Chairwoman Swarner was that of the part-time employee that is needed for the library. The budget and economy was discussed further with Councilwoman Monfor. Chairwoman Swarner wanted Council gave the library Christmas Open House. The general consensus was part-time employee, as the expansion of the library. to mention that the City a hundred dollars at the to put in a request for the need is there due to the The maintenance equipment contracts were discussed and considered, due to the high cost. L 0 C 6W L h t h _ h E �ir KENAI ADVISORY LIBRARY COMMISSION January 6, 1987 Page -5- 7. COMMISSION COMMENTS 8 QUESTIONS Commissioner Emery asked how many were in attendance for the first movie. however, theretwas or Dnot rMuch est cpubented there licity. were Commissioner r Reynolds ing calendar.that Jeanette Neel be thanked Chairwoman Swarner stated that she nominated letter Director DeForest for the Log Cabin Award. nomination was read to the Commissioners. The award will be announced January 30, 8. ADJOURNMENT Meeting was adjourned at 8:40 p.m. V" , N va A. Aburto dba/Niva's Clerical Service for the City of f W- IM r-- AGENDA KENAI CITY COUNCIL - REGULAR MEETING JANUARY 21, 1987 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk M are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) 1. Bob Schafer - Friendship Air - Insurance Minimum Problems C. PUBLIC HEARINGS 1. Ordinance 1133-86 - Amending Kenai Municipal Code - New Townsite Historic Zone 2. Ordinance 1183-87 - Finding City -Owned Lands Not Required for Public Purpose - Section 36 3. Ordinance 1184-87 - Amending Kenai Municipal Code - Provide $500,000 Limit, Insurance Requirement D. COMMISSION REPORTS 1. Planning & Zoning 2. Harbor Commission 3. Recreation Commission 4. Library Commission E. MINUTES 1. *Regular Meeting, Jan. 7, 1987 F. CORRESPONDENCE 1. *Sen. Stevens - Cook Inlet Terminus for Yukon -Pacific Natural Gas 2. *E. Beistline, Mine Consultant - ANWR Oil & Gas Development 3. City of Kodiak - Arizona Firm with Alaska Seafood Co. Name L L r 4. *Gov. Cowper - Cook Inlet Terminus for Yukon -Pacific Natural Gas G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1186-87 - Increasing Rev/Appns - Physical Exam for New Employee, Senior Center - $50 4. *Ordinance 1187-87 - Increasing Rev/Appns - State Grant and Donations, Library - $3,383 5. *Ordinance 1188-87 - Amending Kenai Municipal Code - Zoning Code - Encroachment Permits 6. *Ordinance 1189-87 - Amending Kenai Municipal Code - Landscape/Site Plan 7. *Games of Chance & Skill - Elks Lodge #2425 8. *Games of Chance & Skill - AARP 9. Acceptance of Corporate Signatories to Lease - ERA 10. Disc. - Golf Course Lease 11. Disc. - Kenai Borough Resource Development Commission - Appointment of City Representative I. ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT w Al .r_ - ---- t - r- KENAI CITY COUNCIL, REGULAR MEETING, MINUTES JANUARY 21, 1987, 7t00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: John Williams, Tom Ackerly, Sally Bailie, Art McComsey, Ray Measles, John Wise Absent: Chris Monfor (excused) A-1 Agenda Approval a. Mayor Williams asked that item B-1 (John Sims, Usibelli Coal) be added. b. Mayor Williams asked that Bob Schafer, Friendship Air, be changed from 8-1 to B-2. C. Mayor Williams asked that item B-3 (Gary Martin, Marco Vending) be added. d. Mayor Williams asked that item H-9 (ERA) be changed to item B-4. e. Mayor Williams noted he will be requesting tabling of item C-1 (Ord. 1133-85) f. Nayoz Williams asked that item C-4 be added (Res. 87-5 distributed this date). g. Mayor Williams noted 2 hand-outs distributed this date for item H-10 (Golf Course Lease) h. Mayor Williams noted he will be discussing the Kenai Borough Caucus under Mayor's Report (I-3). MOTION: Councilman Ackerly moved, seconded by Councilman Wise, to approve the agenda as amended. Motion passed by unanimous consent. A-2 Consent Agenda MOTION: Councilman Ackerly moved, seconded by Councilman Wise, to approve the Consent Agenda as submitted. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE BEARD B-1 John Sims, Usibelli Coal - Power Generation Mr. Sims explained he had spoken at the Kenai Peninsula Caucus Jan. 17. They view the Bradley Lake project as not good. Mr. S.ms reviewed a letter he had sent to the Legislature. He explained, he is president of the Alaska Coal Assn., consisting of Usibelli, Diamond, Mobile, Rocky Mountain Energy and others. The Railbelt Energy fund has $282 Million, if the upgrade is done, it will cost $200 Million. $82 Million would not be sufficient to complete Bradley Lake. If Bradley Lake is the economic star, it should have further analysis. Without State subsidy, is it feasible? would the rates attract customers? It is propped up by massive State subsidy we cannot afford at this time. This type of State involvement is detrimental to the coal industry. The coal industry has a vital role to serve in this State far into the future to energise the State. Coal is an abundant resource to export to the Pacific Rim countries. They have exported from Seward. This year 100,000 to 150,000 metric tons to Taiwan. They have had a 0 0, KENAI CITY COUNCIL January 21, 1987 Page 2 serious inquiries from Japan. These things are happening in a depressed market. They have Alaska resources and Alaska entrepreneurs serving the overseas market. Yet there seems to be strong adverse projections against coal in the State. We relate with exporting but not to energize our own State. Part of the blame is Alaska Power Authority, they lean on hydro electric development. He is pursuing the concept that if we participate in overseas markets we have to have a strong commitment to coal. All the rival countries have a strong domestic commitment. Alaska has 40% of the entire nation's resource. A lot is in the Brooks Range, a lot on the railroad. Alaska has 2/10 of 1% of the nation's total produced. The coal industry does not welcome State subsidy. The feel they can proceed with state of the art at Healy which can and would supply power at competitive rates through the rail belt. Another exciting prospect is using Alaska coal up -graded product. Alaska coal has a low heat quality, the new technology involves drying and produces a stable product. We end up with a dryer product and extremely low sulfur content. it will have a premium price. They would use that power plant for power and use the steam in the coal processing facility. The horizons for Alaska coal are unbounded if we use that. This will take a minimum of 8 years to achieve. There will be opportunities in the 1990's for 150-200 megawatts as legitimate increments in the rail belt if they develop Diamond and Beluga. The cost of that with state of the art technology and environmental restrictions is $1,500 per installed kilowatt, or $225 Million. That is three times the available power output of Bradley Lake. Bradley Lake is dependent on State grant and subsidy. This would be a consortium of the private sector. Councilman Wise noted Usibelli has quality coal that is developable, they have the edge over Beluga and Mat -Su. Mr. Sims replied, Usibelli's long term tenure in the international market is more tenuous should they be brought on line. They would have a transportation problem, Beluga would not. Usibelli's advantage is their property and equipment is amortized, the capacity is in place. They can purchase 850,000 metric tons per year with present equipment. He noted, coal mining is cost driven, not market driven. The cost to produce is important. Councilman McComsey asked how many people in Healy compared to Bradley Lake? Mr. Sims replied Bradley Lake is an attractive, short-lived construction bubble, after which there is not much people -involvement. with coal there would be about 80 permanent year round jobs for the power plant. There would be more in the operating staff. Healy was cited as having the highest per capita income in the State on income tax returns. They can deliver coal to the Railbelt at competitive prices. Councilwoman Bailie asked if this was discussed at the Bradley Lake hearings. Mr. Sim replied, this was not discussed during the spending boom. He has responded to many letters regarding Susitna. The Power Authority was told they had not analyzed alternatives. He told them of the adverse reactions to coal but has not had a reply. He arranged a meeting with the Power Authority, but was stood up. Councilman Ackerly asked about the deliverable cost. Mr. Sims replied Bradley Lake will depend on a subsidy. without a subsidy the cost will be intolerable. Councilman Ackerly said he would like assurances that this would go ahead if Bradley Lake did not go. Mr. Sims replied, if Bradley Lake did not go, it would be a consortium within the private sector. Regarding a market, Alaska Power Authority projects L.J 0 L� KENAI CITY COUNCIL January 21, 1987 Page 3 1.6% annual growth through the year 2000. They will need 750 megawatts of new power generation within the railbelt. He questions that, for the past 20 years the demand has been 9t-10i. He estimates 1.4% growth over the next 25 years. Australia is an example. In 1972 they exported 200,000 metric tons of coal, in 1966 the figure was 48 Million metric tons. More than 50% was to Japan. The Pacific Rim countries want diverse sources. We are politically stable and have easy transportation. Even without the new technology, the attraction of coal is still there. The tests were done in Montana, the next step is to secure matching funds from DOE for commercial tests. Mayor Williams asked that Mr. Sims keep the City informed. B-2 Bob Schafer - Friendship Air - Insurance Minimum Problems Mr. Schafer explained he is requesting relaxation for 30 days of the current insurance requirements to allow them into the Kenai airport. They have a turbo -power DC-3. They have $4O0,000 per seat, $8 Million cap. The City requires fi Million per seat. He introduced Ken Sandy of Corroon 6 Black Insurance. He added, it is not their intent to circumvent, they are willing to meet these requirements. They have a time delay, but hope to have it fixed within 30 days. Mr. Sandy explained the London insurance market. It is not one entity, there are over 200 syndicates in Lloyds. With them are 100-150 private companies. Friendship Air policy goes from May to May, it has to be cancelled. The London broker has been working 2-1/2 weeks now. There are 42 players in it now, they expect 50 when they are done. The broker has to deal with each underwriter. It will cost Friendship Air $30,000. Atty. Rogers explained, the City may not be the final determining factor. ERA and SouthCentral have met the requirements. We would not be treating all carriers the same. Also, the City has found the required insurance to be the correct amount. Assuming the City granted the concession, if there is a catastrophe, there would be less than deemed sufficient. Councilwoman Bailie noted the memo from Airport Manager Ernst. Anchorage has the same as Kenai. Even if Kenai relaxed their requirements, would they have a problem in Anchorage? Mr. Schafer replied, they don't have the same requirements in Anchorage. They reduced the insurance on aircraft going to Kenai. Juneau, Kenai and two others have this requirement. Airport Manager Ernst explained, Anchorage has two different systems, different amounts with different weights. It is still $1 Million per seat with $10 Million cap. Jack Birmingham, ERA Alaska. There are two issues. 1) Proper protection for the City if the City had the only "deep pocket." 2) Attempt to find proper balance that would protect the passengers. $1 Million per seat was accepted. Atty. Rogers asked if ERA policy was written year to year. Mr. Birmingham replied, in most instances they have a higher amount. Atty. Rogers asked if he would be willing to lessen theirs if these people were accommodated. Mr. Birmingham replied no, they could not and would not. Vern Lofstedt, SouthCentral Air. He noted the City of Soldotna's experience with accidents. The City has spent $300,000 in attorney fees defending the case. He qW is involved because of "deep pockets." He suggested Kenai contact their insurance agent regarding lowering f L KENAI CITY COUNCIL January 21, 1987 Page 4 the rates. It will affect the rates. An accident that took place three years ago with no serious injuries recently had a $1.2 Million settlement. Mayor Williams said Council would welcome Friendship Air into the local market. But is is Council duty to serve equally, . This cannot be tampered with to accommodate certain people. There is a concern for catastrophe during that period. He did not think it was possible at this time to offer any change or satisfaction to accommodate. Council agreed with the statement. B-3 Gary Martin - Marco Vending - Pepsi in Airport At the time he submitted the letter requesting this, he was unable to be here (Dec. 17, 1987). He asked for reconsideration of the Council decision. They have machines ready to put in with a bill devaluing device. There is plenty of room for the machine. They can generate money for the City leasing floor space. Councilman Ackerly explained he told Mr. Martin to come to Council to explain his request. Airport Manager Ernst explained at the time the request was brought to Council an individual wanted a concession stand in the airport. Council did not want any further competition in the airport. He recommended waiting for remodeling, Council had agreed. He sent a letter to Mr. Martin at the same time. Councilman Ackerly said he has concern regarding limiting competition and looking at this as a closed entity. There is room to accommodate but you limit income. Councilman Measles said when we did the renovation on the terminal we set up guidelines. At that time it was Council feeling we would limit to one of each type. We solicited RFP's and one was selected. If one leaves, there would be room under the guidelines to solicit RFP's. Otherwise we end up with a mess in the terminal. Council agreed to follow the Dec. 17, 1987 decision and not allow additional machines. B-4 Acceptance of Corporate Signatories to Lease - ERA Atty. Rogers explained Council has previously deemed a 10K fora appropriate. These people are asking for relief of the requirement of corporate signatures. MOTION: Councilman wise moved, seconded by Councilwoman Bailie, to approve the request. Motion passed by unanimous consent. C. PUBLIC HEARINGS C-1 Ord. 1133-86 - Amending KMC - New Townsite Historic Zone Mayor Williams explained he has found mechanical errors in the ordinance. He also suggested basic general boundary information in the ordinance. MOTION, Table: Councilman Ackerly moved, seconded by Councilman wise, to table the ordinance. low lk. f � - I J } y.� re �S KENAI CITY COUNCIL January 21. 1987 Page 5 VOTE, Table: !lotion passed by unanimous consent. C-2 Ord. 1183-87 - Finding City -Owned Lands not Required for Public Purpose - Section 36 MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the ordinance. MOTION, Amendment: Councilman Wise moved, seconded by Councilwoman Bailie, to amend the ordinance to add Section 3: Sale should include the right of first refusal a preference of Dave Brown as per KMC 22.05.040 (6) (b). Atty. Rogers asked if Council recalled his discussion regarding this at the Jan. 7 meeting. There was no public comment. VOTE, Amendment (parsed): Yes: Williams, Bailie, McComsey, Measles, wise No: Ackerly VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. C-3 Ord. 1184-87 - Amending KMC - Provide $500,000 Limit, Insurance Requirement MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-4 Res. 87-5 - Supporting Kenai Peninsula Community College Mayor Williams explained community colleges through out the State are going through re -structuring of the entire system. There is a tremendous amount of controversy regarding autonomous use. MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. MOTION, Amendment: Councilman Measles moved, seconded by Councilman Wise, to amend the resolution to read: the NOW THEREFORE paragraph, line 2, after the words "that the", add "University of." Line 3, after the words "community college to", add "and." L 0 r- KENAI CITY COUNCIL January 21, 1967 Page 6 Councilwoman Bailie asked if communities are allowed to retain, and if they will have to support. Also, has Soldotna been asked to support this? Mayor Williams replied, the cost will be by the State, not the Borough. Soldotna has been asked. Some community colleges feel they are not structured the same as others and should not be treated the same. KPCC is one of the most efficient in the State and the largest - next to Anchorage. Councilwoman Bailie suggested we should bring out the positive points of the college. MOTION, Additions Councilman Measles, with consent of second, added to the NOW THEREFORE paragraph: line 3, delete the words "each community" and add "Kenai Peninsula Community. Line 4 i 5, delete the words "a community college." VOTE, Amendments Motion passed unanimously by roll call vote. MOTION, Amendments Councilman Ackerly moved, seconded by Councilwoman Bailie, to add another "WHEREAS" as appropriate covering economic factors, student enrollment and uniquaness. VOTE, Amendment: Motion passed by unanimous consent. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. Councilman wise asked that copies be sent to the Legislative delegation. D. COMMISSION REPORTS D-1 Planning 6 Zoning None D-2 Harbor Commission _ Councilman Ackerly noted the next meeting will be Feb. S. D-3 Recreation Commission None D-4 Library Commission None E. MINUTES Approved by Consent Agenda. F. CORRESPONDENCE F-1 Sen. Stevens - Cook Inlet Terminus for Yukon -Pacific M..Lcral Oas F-2 E. Beistline, Mine Consultant - ANWR Oil i Gas Development L j K91 f 1 _ I , al j( I l i i f!! j i I _ L KENAI CITY COUNCIL January 21, 1987 Page 7 Approved by Consent Agenda. n,> i' F-3 City of Kodiak Arizona Firm with Alaska Seafood Co. Nil Mayor Williams explained, Kodiak is asking Kenai to {� p send a resolution. Councilwoman Bailie asked if Truth in Advertising laws apply. Councilman Measles replied, Y ' this applies if they say it is an Alaskan product. The o name can be anything. ' 5 w Council agreed to have Administration prepare a resolution. F-4 Gov. Cowper - Cook Inlet Terminus for Yukon -Pacific ` + s:< Natural Gas Approved by Consent Agenda. i G. OLD BUSINESS None f H. NEW BUSINESS l N H-1 Bills to be Paid, Bills to be Ratified 1 MOTION$ ._ Councilman Measles moved, seconded by Councilwoman I f, Bailie, to approve the bills as submitted. Motion passed by unanimous consent. It H-2 Requisitions Exceeding $1,000 MOTION: f Councilman Measles moved, seconded by Councilwoman Bailie, to approve the requisitions as submitted. i Motion passed by unanimous consent. `i H-3 Ord. 1186-87 - Increas. Rev/Appns - Physical Exam for New Employee - Senior Center - $50 Mayor Williams suggested the City could prevail on local physicians for free exams if they are employed by the Senior Center. Councilman Measles asked why it is necessary to have an ordinance for $50. Accountant x Parnell explained, it is an increase in the budget, it ' is grant from the State. This ordinance was approved by Consent Agenda. H-4 Ord. 1187-87 - Increas. Rev/Appns - State Grant S i Donations, Library - $3,383 I H-5 Ord. 1188-87 - Amend. KMC - Zoning Code -Encroachment 1 Permits H-6 Ord. 1189-87 -Amend. KMC -Landscape/Site Plan H-7 Games of Chance 6 Skill - Elks Lodge N2425 H-8 Games of Chance 6 Skill - AARP Approved by Consent Agenda. H-10 Disc. - Golf Course Lease _=..- Mayor Williams explained, neither Morgans nor Burnetts are represented. He suggested Council forego action i 1.� L RBNAI CITY COUNCIL January 21, 1987 page 8 till both have digested the material. Councilwoman Bailie said she was concerned with the memos distributed this date. She thought Council made decisions. If there is heat, they take it. She has a problem with Public Works opposing granting this. we granted the right-of-way in 1983, reiterated it in Jan. 7. That was the method we wanted to pursue. Regarding Atty. Rogers' memo, page 3. She thought we had a prior commitment to granting of easement and we wanted to take this route. Atty. Rogers replied, Courcil directed Administration to find access, this or other. City Manager Brighton agreed, explaining Administration was to bring back alternates. That is the reason for the Public Works memo. He asked if Council wanted Administration to survey, plat and record the easement. Atty. Rogers referred to a 1983 mesa from Land Manager Labahn. Councilman Measles asked if the lots on Lawton are platted. Answer - no. public works Director Kornelis added, the paper work is done, he did not know if the Borough portion is done. They planned to retain all the lots for the golf course. Councilman Measles noted the spaces look like an intended right-of-way for Lawton. Mayor Williams reviewed the minutes of Jan. 7. This was brought back because of Mr. Morgan's memo. Public works Director Kornelis has documents outlining the 3 road alternates. Atty. Rogers has prepared documents indicating his right to not even offer to lease. If the City chooses not to lease till Candlelight is extended, Mr. Morgan has the right to refuse or reject at that time. The main question is, does the City want to pay for this and does the City wish to pay for building alternate Y1 or t2. Councilman wise noted there is a 3rd option, negotiating with Mr. Morgan of extending Linwood down the sand pit to Burnett's property. It would be less cost and distance. We have dual commitments: 1) to Morgans for the golf course (they have invested a great deal of money. This would be more economically viable), and 2) to Burnetts that was swept under the crack. Had Mr. Morgan known of the easement, the course could have been designed around it. Now we are obliged to honor both requirements and should look at all alternatives. Councilman Measles said some where back in the last 3 years, at some point Council did tell Mrs. Burnett they would have use of that easement with stipulation the building of the road would be at their cost. At one point in the discussion with Mr. Morgan, he was made aware of the possible easement. Mayor Williams noted the memos from Land Manager Labahn. Atty. Rogers added, Aug. 24, 1983, Land Manager Labahn sent a memo to City Manager Brighton and Atty. Rogers discussing Ord. 8".0-83. He noted 2 methods of implementing and recommended Burnetts incur the cost of survey. The City shall not assume cost, an estimated $3,000. This matter was made known to Mr. Morgan. Council had a work session regarding the golf course. It may not be on record. The language in the lease says property is as -is, subject to easements of record and indemnification clause. The lease was a joint document. After the RFP, Mr. Morgan was not satisfied with the document. He was the only bidder. Atty. Rogers was instructed to re -draft with Mr. Morgan, his attorney and himself. The rights of Mr. Morgan consist of the right of 1st refusal. He would be taking the property as it exists when he signed. There was some misinformation that the property was already under lease, that is not the case. Mayor Williams said Council has to answer which alternate method. If we use Candlelight Dr., we can ask the C>• C W L r 0 KENAI CITY COUNCIL January 21, 1987 + Page 9 lessee to accept the land with Candlelight through and design around Candlelight as best he can. It will be i substantial less cost to the City than alternates fi, 82 and 83 (from Councilman Wise). City Manager i Brighton said, regarding alternate i3, the day after k the Jan. 7 Council meeting, Mr. Morgan came into Mr. k Brighton's office. From his standpoint there was no leniency as far as Candlelight was concerned. It had to go. Before the discussion was over, he said if there could be some exchange of land so he could redesign the golf course and utilize Burnett's property. Mr. Brighton suggested he contact his architect to prepare. Burnetts own - fee simple - the land he is talking about. We own the land it would go through that has to be used for parks. Mayor Williams suggested it could be exchanged. Mr. Brighton replied it could be done. The simple and most logical way t. without liability is to perfect easement on Candlelight. Councilman Ackerly said he would not vote to appropriate money to build a road. We can offer them as we did in 1983, a way to get to their property. Mayor Williams said Atty. Rogers has said the Burnett property does not have much value compared to other lands. The City has chosen to reserve 21 lots on Candlelight and 16 on Lawton. We might be able to trade these for the Burnett property. He suggested shelving action on this till we can get all people here for a work session. Councilwoman Bailie suggested Mr. Morgan is interested in getting started this SprinS. She suggested a representative for Mr. Morgan come to the work session. Mayor Williams noted it may be worth the plane ticket for Mr. Morgan to come. City Manager Brighton noted lots 1 through 13 and 2 through 6 on the left. They are not available till the City makes a trade with Dept. of Interior for like amount of equal real estate. Lots 1 through 16 and lots 7 & 8 on the right can be traded. Councilman Ackerly suggested the City appraise and trade off. Mr. Brighton noted it has not been broached to the Burnetts. Mayor Williams noted the value of the lots is $60,000. Atty. Rogers noted we will need an appraisal. He added there is also an impetus for development then. Councilman wise said Linwood Extended has a road to Candlelight Extended. It was used when sand was excavated. It exists, it could serve as access. Mayor Williams asked that a meeting be arranged as soon as possible, and request Mr. Morgan come in early for the meeting. Councilman Ackerly asked that both memos be sent to k Burnetts and Morgans. t[ H-11 Disc. - Kenai Borough Resource Development Commission - Appointment of City Representative fi Mayor Williams noted the Resource Development Commission has been operating illegally because of the Sunset Laws. It has been resurrected. Les Vierra has represented the City. Councilman Ackerly noted we have never had a report. Mayor Williams stated if Mr. Vierra is City representative he will report. Councilwoman Bailie suggested Vince O'Reilly. Mayor k Williams said he will review and report back to Council. I. ADMINISTRATION REPORTS I-1 City Manager City Manager Brighton spoke. L F KENAI CITY COUNCIL January 21, 1987 Page 10 a. He distributed copies of the brochure regarding off -road vehicles. Jan. 24 the Kenai Police Dept• will participate in a Community Schools program in Nikiski regarding this• The brochures will go out in February or March. b. Regarding the -memo to Gov. Cowper distributed this date (item I-3). This refers to Bradley Lake. He did not sign page 3 because Council did not take any action. Most people are connected with HEA, MEA, Mat -Su Power, Anchorage Mayor, etc. Homer, Kenai, Soldotna did not sign. The meeting was also to discuss rail belt cuts. Anchorage Mayor Knowles called this the "Fairness Test" for grants. I£ the State cuts 20%, we should be willing to take 2O% cut in municipal assistance, revenue sharing, school bond indebtedness, school funding. Everyone in the room subscribed. Soldotna Mayor Farnsworth said she would not sign because the Borough Caucus has made school bond funding their 91 priority. She persisted, saying we want 80% of school bond indebtedness even if you eliminate revenue sharing and municipal assistance. The subject is scheduled for the Jan. 31 meeting at the Borough. One mill in the city is $300,000, in the Borough it is $3 Million. If they cut a percentage we have to raise levies higher than the Borough does. What was proposed is fair, everybody is cut 20%. But to cut us 40% and schools 10% is tragic for the taxpayers. Seward and Homer agree. He will presenting these views at the Jan. 31 meeting. It is their problem, they created it. Why ask us to solve it for them? Councilwoman Bailie noted there was supposed to be unanimous vote to approve. Mr. Brighton replied the By -Laws say that. Councilwoman Bailie said it should be brought back to the Councils before passing. Councilman Mccomsey said it is an 11 member board, all have to agree. He added they are going to ask for 5.20 per capita dues, $25 from the chambers. They want 1-1/2 year's dues. Councilwoman Bailie asked, what is the money for? Councilman McComsey replied, postage and supplies. I-2 Attorney None I-3 Mayor Mayor Williams spoke. a. The dues for the Kenai Peninsula Borough Caucus will be approximately f1,800. He asked if Council wanted to pay this. b. Harbor Commission appointments: Joe Nord and wally Keppell-Page. Councilwoman Bailie asked if any women have applied. Answer - no. Council approved the appointments by unanimous decision. X N C. The Airport Commission ordinance will be i introduced at the Feb. 5 meeting. + d. Regarding the Bradley Lake presentation this date. ' He has experience in coal fired plants and have visited all those in the State. Coal fired generators are all over the U.S. and are Li J 9 L r- KgNAI CITY COUNCIL January 21, 1987 Page 11 economical. Bradley Lake facility cannot reach the magnitude of product anticipated. Can we afford it or do we need it? 15i increase in rates for a new turbine that site idle. It will cost $92 Million to abandon Bradley Lake project. Councilman Mccomsey noted they have $43.6 Million in it now. He thought that was inflated. Councilman Measles explained, that is to buy off contracts. Mayor Williams the question is do we go for $90 Million and get out, or let coal go on their own. e. Water problems across the City are showing dirt in the water. Is this seasonal? Public Works Director Kornelis said this is the first he has heard of it. He has heard complaints regarding the smell. The City tests every Monday for sanitation. Mayor Williams asked what it would take to test for turbidity. Mr. Kornelis replied it could be done at the well house. f. Having voted for the off -road vehicle ordinance, Mayor Williams said he did not have a feeling for the ordinance. It eliminates in entirety the use of off -road vehicles in the City. Before snow machines had an opportunity to ride at the side of the road, now they cannot. Snow machines have to be put on a trailer, taken to a designated spot and then used. The City is a vast land area. On Candlelight he is in the hinterlands. The land is good for snow machines. He suggested allowing snow machines in RR areas and places not densely populated. He will present an amendment to the ordinance regarding this. Police Chief Ross explained, the ordinance does not ban the use of off -road vehicles in Kenai. It does state they cannot be used in rights of way that are improved. Any area seeded, landscaped, improved with sidewalks is barred. The original ordinance was to ban all use. He met with the Beautification Committee, this ordinance is a compromise. They are in effect banned from down town area. Mayor Williams said we are dealing with types of off -road vehicles. Snow machines do not have as great an effect when we have snow. The primary effect is noise. Chief Ross said it does not matter what kind of vehicle, it destroys terrain. The old ordinance allowed use in rights of way. We only designate where you cannot use them. a.(contd) Regarding Kenai Borough Caucus dues. Councilman Measles said if we are not going with the Caucus the other 10 may make decisions that affect us. Councilman wise asked if they are asking for money up front. Answer - yes. Councilman Wise suggested payment in 6 month increments. Councilman Ackerly suggested we ask them the reason for the amount. Councilman McComsey said the administrative costs and communication cost have been paid by the Borough and Soldotna. They want to share the expenses. They are working on a budget. 24ayor Williams suggested the City pay 6 month's dues pending a budget proposal. Council agreed to the suggestion. g. Councilwoman Bailie asked if more people could be appointed to the Beautification Committee. There were only 3 at the last meeting. A student has been appointed, and the meeting time has been changed to 1:30. Mayor Williams replied 2 r KENAI CITY COUNCIL January 21, 1987 Page 12 alternates could be appointed, we are limited to 7 by Code. I-4 City Clerk Clerk Whelan spoke. a. She noted the Clerk's Advanced Training report in ( the packet. b. She will be on vacation Feb. 2 through Feb. 13. I-5 Finance Director None I-6 Public Works Director Public Works Director Kornelis spoke. L a. The Capital Improvement Brochures for 87-88 were distributed this date. b. Regarding State maintenance 6 operation of street lights (Info 7). Some cities are not paying for street light maintenance. The State will maintain lights on State maintained roads. Mayor Williams asked if we are allowed to hang Christmas lights. Mr. Kornelis replied yes, they are hooked up to power, we will put them up. C. He noted Info 8 regarding animal control report. 724 animals were destroyed last year. d. Regarding the boat facility (Info 17). He will be working with the Harbor Commission. a.(contd) Councilman Ackerly asked that the CIP brochures be sent to the Legislative delegation, Chamber of Commerce, City of Soldotna, City of Homer, Kenai Borough. Council agreed. e. Councilman Measles asked why some of the Christmas tights were still up. Mr. Kornelis replied they stopped putting them up because they were using the bucket. They cannot reach 2 of the lights with the new equipment. They will be done Jan. 22. f. Councilman Measles noted there is a missing stop sign at Cedar i Pine. Mr. Kornelis said it will be taken care of. g. Mayor Williams noted there is graffiti at the dug out on S. Spruce. He asked if it could be painted before Jan. 25. C I-7 Airport Manager Airport Manager Er:ist spoke. a. He invited Council to look at the phone advertising in the terminal, it looks good. The counters are completed to the south. They will open bids for the conveyor belts Jan. 29. Dollar , Rent-A-Car has vacated. The teller machine has been vacated. He is contacting other banks to take it over. b. He will have the pre-app for the float plane basin next week. Mayor Williams asked about the land condemnation. Mr. Ernst replied we have not ' received the deed from the courts yet. By next week we will have the documentation to include with the pre-app. i J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD L 'f t17 - a ADJOURNMENT: Meeting adjourned at 11:05 PM. /J'n%t Whelan City Clerk KENAI CITY COUNCIL January 21, 1987 Page 13 A. Councilman Ackerly. He had read that Lake Hood is trying to expand 400 slots for a float plane basin and high speed runway for large planes. They are doing a noise abatement study. b. Councilman Ackerly. we may want to consider creating a free trade zone around the airport, for things from foreign countries, to avoid taxes. C. Councilman Ackerly. We have not responded to Jack Walsh, Anchorage Mayoral candidate, regarding his proposal to make Anchorage the fish processing capital of Alaska and the world. d. Councilman Ackerly. What about the geese watching facility? e. Councilman Ackerly. He has passed some material from Colorado to Mayor Williams regarding energy consulting with some interesting ideas. f. Councilman Ackerly. some time ago he distributed some material regarding coal generation. He will distribute it again. g. Councilman McComsey. Regarding the Kenai Peninsula Borough Caucus. They want a directive regarding Frontier Training Center (Info 19). The State has cut $90,000 from the budget. They asked if we would support a resolution to the Governor to get it back. Also, are we going to support Bradley Lake or say nothing? Mayor Williams asked, what were their comments regarding the gas pipeline? Councilman McComsey replied it will be discussed at the Jan. 31 meeting. Councilwoman Bailie said she thought Bradley Lake was the top priority. Has school funding ever been discussed? Councilman McComsey replied no. He noted the training center is a worthwhile project. City Manager Brighton noted Council has had resolutions at every meeting recently to support continued funding from the State. He wondered if there would be resolutions in support of revenue sharing and municipal assistance. They will have to cut something. Councilman McComsey explained, the reason this would be worth funding is, this is only a small portion of what they get. They keep handicapped students from going to the Valdez Center. It costs $50,000 to send a person to Valdez, $10,000 at the Frontier Training Center. They train in laundry and other work places. a.(contd) Councilman Wise suggested the Economic Development Committee look into the free trade zone idea. h. City Manager Brighton noted a group has gone to Washington D.C. regarding a port of entry. What happened? Mayor Williams replied, there was no response. a.(contd) Mayor Williams suggested the free trade zone idea be investigated by the Airport Commission after it is formed. c.(contd) Mayor Williams. Regarding Anchorage as a fish processing center. We could have a large storage area here. The nearest place is Seattle. We could warehouse here and freight to Pacific countries. He will ask the Harbor Commission and Economic Development Committee to review this. we cannot get bonding for industrial development, we i will have to investigate other areas of funding. t J �y Nast ul Lug" l 1301 Penns anla Av nw NW WashOgton, D.C. oftia" Pn„d nr L. U 4 L Ot ciN" 2�. (202) 828.3000 No" 4 GSnKtK Horror• Son Antonio. Tian Fr=t vravreerdaru Ca"RIWOM Cwtcttwamannlxge. Denrar. Colorado Sapor+d YKe Pnapent Pamela P Ru" CWKra. Porn". Millais \�J' \' ImmadraNPagl PnsadaN 77 ..V George V Vanovien Mayor. CWeIuM. Glao EaecutrvaD rector A4nee'" January 9, 1987 r� s F The Honorable John Williams Mayor, City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Dear Mayor Williams: I want to add my own personal thanks for the contribution from your city toward the Legal Center of the Academy for State and Local Government. ,�• I consider this to be one of the most important activities that we are engaged in to protect the long-term interests of city government before the courts. Your contribution to the Center enables us to provide a long-term financing base to assure a strong program of advocacy for local government interests. Again, thank you very much. Sincerely ours an Beal s // Executive Director cc: Alaska Municipal League P,M WeeNNMa: Tan MaONyc Mara 1 ns angeks Uutarw.feM L. ganteon, Mara Scoltand Neck, Non hcardga•wiulath N. Maya St Pauf Mrvtesda•IMatV W. Ma11K Mara Mvwau.ee Wixonsm.JlaeN M. Rettle%Count+woman NewPon News Vvg,n RoyeSMara Seatae Nrashmgqtan.Olnetar.JwYQNnaVWat.CouncaMemper.Sterw+yyr+e,ggnts Mttugan.RtCMfd...Cerkla,,t Member $an Antonq Te■as•Nate easlettaM.Counce Member Yancou.er Wastungton•�Op Bolen, Maya. Fat Worth Teaas•Ocol Etq Coil aunwodK Counc+ Presgent Macro Georg a • Demtd M. FnaeR Mayor µnnaalyot s Mnnesota. {taCafr A. Gateat a Ar�rorra•MLWHaoaOohde.Maror Plrtatletpera Pero.sYt+arxa.Ron6eneaNe,V.ceMaya $unnYrata Caulana•AleaiYneM be, �'3' t league of Gtres and for leM A.IaNddta,Maya.4ncdn Nehasaa. Artlwr E. Moms. Mara Lancaster. Pannsyhranq•JOY Pkaa, COurtd MemMr. L<tts .Cot A Assawta WMeWohd*- C aoWd Kansas Kansas V- i ." kjjf Klfclerman.Newarden.CorV1410- offw. aetle Q RleettefLMayor. CWumbus. telfard• C+r Dreolor. Latta ROO. Arkansan ound Marober, Now York. New 1brk. ore a. I bell. mwil W • voiaw-t wAphR Mayor. f.� r Kenai PealuWa Borough KALIFDRNSKY BEACH FIRE DEPARTMENT P.O. BOX 1200 KENAL AX 99611 MILE 173 KALIF0RNSKY BEACH ROAD January 15, 1987 Fire Chief Al Ivanoff City of Kenai Fire Department 105 South Willow Street Kenai, AK 99611 Dear Chief Ivanoffs (907) 233.5075 2t34076 F-� Thank you very much for the quick response on the mutual aid call at Robinson's Grocery on the night of January 11, 1987. This was our first big one, and we were heartened by Captain McGrady's up- beat remark, "those guys made a fine stop." All hands at K-Beach Fire Department really appreciated the kindly remarks, the helpful attitude, and the professionalism displayed by Captain McGrady's crew. The working relationship at the fire scene gave us much confidence in the service we are trying to provide for our residents. Never hesitate to call us when needed. Sirel , Tom Scott Captain TS/ds cc: Kenai Mayor John Williams Kenai City Manager Bill Brighton K-Beach Fire Service Area Board Members L F SITKAP OF'\ City and Borough of Sitka 304 LAKE STREET. SITKA, ALASKA. 99835 0 January 2 R0, 39 If�91 Dear Mayor Wagoner: The Assembly of the City and Borough of Sitka, as well as it's citizens feel the Alaska Public Safety Academy located in Sitka serves the entire State of Alaska. This service not only includes training for those in law enforcement retained by the state and it's communities, but also those in law enforcement of our federal agencies. The academy has also trained residents of United States possessions. The facility is unique in that it serves a 04 diverse populace and is the only such training ground open to the entire state. The cost of sending potential law enforcement personnel out of state would be prohibitive and undoubtedly lead to under trained people. Toward this end, the Assembly of the City and Borough of Sitka adopted Resolution 87-330 urging the State to continue to maintain the Alaska Public Safety Academy in Sitka at its present strength and to continue to provide the same excellent services to the people of the State of Alaska. Since time is of the essence, I ask for your support in sending a resolution of your own to Governor Cowper, Commissioner of Public Safety Nix, and your legislators and anyone else you feel should be aware of the importance of the Public Safety Academy at Sitka. Sincerely yours, U L et, l C2rkt— Dan Keck Mayor attachment L L CITY AND BOROUGH OF SITKA RESMOTM W. 87-3M A RESOLT1= OF THE ASSEKSW CF w crrr = BOAOUW Cr Sriza► I - UiBiIIJG WE S7'A18 OP AUIM TO aanf= "M ALA= PUS1 Sum Aawa I Ww'FA , well trained police officers are vital to the safety and wall being of the people of the State of Alaska; and } WIE dotaaiard economic trends are usually a000apanied by high- er crime rates %dtich require better trained police and security officers; iHEWAS, the Legislature of the State of Alaska has recognized ..' this interest by enacting Chapter 65 of Title I8 of the Alaska Statutes establishing the Alaska Police Standards Council and enUmating to it the dotty of setting minimums standards for employment as police officers; and }} f MW4MS, Alaska is made up of marry small cm=mities spread over a lame geographical area and most of the local governments are unable to provide the facilities for proper training and education of police offi- c-1 and SEAS, such a facility currently exists in the ommunity of Sitka; and WHWE7lS, the Alaska Public Safety Academy performs an invaluable ((( service to the State of Alaska and its people by training and educating state troopers, local government police officers. Village Public Safety Officers. U. S. Coast Guard, U.S. Forest Service, National Marine Fisheries Service, National Park Service, U. S. Air Forcer U.S. Navy, U.S. Army. University of Alaska, Alaska Police Standards Cotuuoil, Alaska Department of Fish i Game, Alaska State Parks, Alaska Departrent of Labor, and Alaska -- Department of Transportation -Airport Security; and FWAS, through reimbursement agreeumnts with local governments, federal agencies, and other state agencies. the Academy performs its ser- vice in a most cost effective mmrums and 1 NW, 1l. BE IT RESOLVED that the Assembly of the City and I - Borough of Sitka urges the State of Alaska to maintain the Alaska Public f Safety Academy in Sitka at its present strength to continue to provide the ; tame excellent sarvioes to the people of the State of Alaska. PASSED. APPiONEe, ALD ADOPTED by the Asseduly of the City and Borough Of Sitka, Alaska this , day of JANfDM, 1987. } Dan Keck, Mayor ATTESTS Ieurtic,P Clerkkr :Wig Y. NAihlAk. 4ALG3ii- -HA= IAU TIO STEVENS. ALAftA JOHN C STWO MISNESim LOWELL ►. WE"M ^ CONNEacm mun C am. WM VMONM JAMES A MLCLUME, CANO W LLIAN PPAM M. WIECOWSW ►AUL LAXALT. NEVAOA OANATI R o1OUT4 NAWAR JKE CAMUTAH ENNEST F. HOLUIOS. SOUTH CAMUN/A LAWTON Ci.LEE. FLONDA J.SOUSN. TT JOIMSTOLMSWIA MCI" ASONOII SOUTH OKOTA OUENTIN N. SUMOCM. NOMTH OKOTA W MASTEIL JR_ TWSCONSIM MTWCEJ. LOW VENIRWtALFONSE M. O'ANMTO. NEW TOAL JIM SAESM TOWSSEE MKF MATMIOLT. GEOMIA OiFNNE aCO"M AIMZONA WANOEN SUOMAN, NEW NAMPSWM OALS SUNPIRS. AMGMIAS ARM SFECTEIL PENNSYLVANIA MANS M LAUTEWFA NEW JIMET FETE V. OOMEMICL NEW AIDUCO TOM RAF**. IOWA A EEITH KENNEDY. STAFF OW*CTON FAANW J. SUWVMJ. NNIOMTF STAFF OIMCTON L William J. Brighton City Manager City of Kenai 210 Fidalgo Kenai, Alaska 99611 a �l�te� �tate� senate COMMME ON APPROPMATHM WASNiNOTON, DC 20510 January 15, 1987 d - �ryryo��1 o,� M�tid O168L Dear William: Thanks for writing to inform me of your concern about the problems you have had in finding a source of funding to move the FAA antenna towers situated on city -owned property in Kenai. I have contacted the Federal Aviation Administration on your behalf for their comments on this funding issue. Thanks for bringing your concerns to my attention. I'm glad to be of assistance. With best wishes, Cordially, dTSMIST ENS L 0 o av o 11D ol N O 1n N O N W F d W M u F N N w d C +C+ \ 4 V V 4 000 +cCi 6 6 Q 40 om 4i fl M M OC M T Y. u u d T as d u u Ole w W O M to V •ml w w c� a c M CF7 U U U w .dt m d W C N d P N w nO W C N d en 4 C G OD u m N o w w O u .4 Z O O C W a ai > m M W u u d d u N C d 7 O d9 >1 m' m M Ijj A w N N F +C1 C q 4 LO w N Oa V Nd V U L a v b u °w c A w u 30 m -1 w w as N N � N h NN O` N O O to N Q N O n O lO n v C tn N O O �p O n OD N O� �OOpp vO, .O m O CO OOD n .T n 11 O OD N 1+1 O S N N N 1n 01 .J U1 O O 1n 1n N N N N d m .+ a y M d d d H C u u u u u OdC m F F A A 6 O u u N d F Odi aa1 dd ciu N d T T tO u V Y f. L a 7 C d pas m m N Y Y W d M N W m m m m m m m N N a N (y yQ M M a YC ~'! A 0 q O W 113 .00 oC O > > > t�0 > > Z Y U V d e x H uup M V U W R Y U H 0 0 N d M 'dej Ng Ngg Ci Y W H CO OD wr' eYyp C. C � � C .0 A m m C C F C pVp11 C� G F C O .2 C a pWJ O: O .-1 Y V G G .Ni F L O ,BOG W d J r " n't - 1 T t� ti O �! { C f _.y w �f r" MEMO TO: Kenai City Council FROM: Charles A. Brown, Finance Director e4?4 DRTS: January 27, 1987 SUBJECT: Annual Audit If� On January 9, 1987, the City received six proposals for audit services for the three fiscal years ending June 30, 1987, 1988, and 1989. He asked for prices for each of the three years. They were: FYE 187 FYE 188 FYE 189 Total Peat, Marwick, Mitchell $ 15,000 $ 16,000 $ 17,000 $ 48,000 Mikunda, Cottrell 17,500 16,000 16,000 49,500 Arthur Young 19,500 19,000 18,500 57,000 Ernst & Whinny 20,000 21,000 22,000 63,000 Price Waterhouse 20,000 21,500 23,000 64,500 Hendrix & Esslinger 24,250 25,000 26,000 75,250 In order to put the annual audit costs in perspective, it might be useful to know that we spent $22,500 for the 1985-86 audit. I contacted six cities in Alaska (Palmer, Soldotna, Homer, Seward, Kotzebue, and Wrangell) and asked what they paid for their last annual audit. They ranged from $20,000 to $45,000, and averaged about $29,000. I believe all of these firms are capable of performing the audits for the City. However, it would seem that we should limit our consider- ation to the first two listed above based upon the significant cost difference between those two and the other four. After a review of their proposals, I offer the following summary of my opinion of the strengths and weaknesses of each of the two firms. Peat, Marwick, Mitchell This firm is the City's current auditor. They have audited the City for the past six years, and nine of the past twelve years. The audit staff is located in Anchorage. The partner, manager, and in -charge accountant scheduled to be assigned to the City's audit all have worked on this audit for several years. They have a good under- standing of City practices and procedures. Therefore, City staff time and effort during the audit will be kept to a minimum. In my opinion, Peat, Marwick, Mitchell has always provided excellent audit services in the past. Peat, Marwick, Mitchell's proposal is $1,500 less than the next higher proposal. In addition, there is a small savings based upon the time value of money; the first year is $2,500 less. (This "cost of money" savings is about $300.) Peat, Marwick, Mitchell is a multinational accounting firm; perhaps the world's largest. As such, they have extensive resources to draw upon, including a governmental research department in New York. �f fV L Mikunda, Cottrell This firm's main office is in Anchorage. They also have an office in Kenai. Their proposal indicates that most of the audit would be conducted by personnel from the Anchorage office, with involvement by the manager of the Kenai office. Partner, manager, and in -charge experience in municipal audits appears to be very good. I have known several of the individuals scheduled to be assigned to this audit for many years; I have no doubt that Mikunda, Cottrell would perform quality audits. e I contacted three municipalities that have, or recently have had, Mikunda, Cottrell as their auditors. All three gave excellent references. I see two drawbacks to the selection of this firm. The first is cost; $1,500 more over the three years. The second has nothing to do with Mikunda, Cottrell, but deals with changing auditors. Any new audit firm cannot be expected to have as good an understanding of the City as the current auditors have. The City will spend extra time explaining our procedures to any new firm. We will also be expected to help develop what is called a "permanent file". This essentially consists of copies of bond covenants; finance, budget, personnel, land disposal, and other ordinances directing City operations; investment authority and procedures; etc. The current auditors already have this permanent file. The extra effort by City personnel will take time (and, therefore, money). Summary Peat, Marwick, Mitchell will cost the City less money (in a time of falling revenues). Their selection will cause less work for me and my staff. I am tempted to give some degree of preference to Mikunda, Cottrell based upon the location of their Kenai office. But, from an operational standpoint, I see no advantage to the Finance Department of the selection of Mikunda, Cottrell due to their Kenai office. I very rarely consult our auditors on technical matters. When I do, it's a matter of a phone call (this would probably be true whether I call Anchorage or Kenai). The Council will have to decide for itself the value of their Kenai office. The City's auditors work for the Council. They audit the administra- tion. It is not appropriate for me to select the auditors for you. Either of these two firms, Peat, Marwick, Mitchell or Mikunda, Cottrell, should provide excellent service to the Council. The Council should, by motion, select one firm as our auditors for the next three years. The two firms in question will be provided with copies of this memo, and will be asked to have representatives at the February 4th Council meeting. C i 4 j t Y{11 I Return To. Alaska Department of Revenue Games of Chang and Contests of Skill10 U CompelServicesectIonDivision PERMIT APPLICATION 1Ill W.8Ih Section 111t W.BtA Straat, Room 108 Junsau,AlaskallMl FEES: S20A0 due with application;1% of entire net procesds due with Annual Financial Statement. Plea" feed tM instryOthm twfoncanpletk+p this applleatiom 1. Nams of Organization 4A. NEW APPLICATION P.(►.F..#3525 Ladies Auxiliary Number of Years Organization Has Been in Existence in Alaska: Mailing Address BOY 2761 The following must be submitted with this application: O Current Alaska membership list (must have at least City, State, Zip Code Kenai, Alaska 99611 25members); ❑ Certified true copy of articles of incorporation or, if not 2. Type of Organization. (Check the appropriate box. Refer to AS 05.15.210 and 15:.AC 105.010-.100 for definitions.) incorporated, copy of bylaws and national and state w Charters; C Municipality O Police or Fire Department ❑ Coo of IRS certificate of tax exemption issued to non - El Company ❑ Civic or Service tf profit organizations. it applicable. �• P g P 0 Religious O Dog Mushers' Association Name and Mailing Address of National Organization (if applicable) ❑ Political ❑ Charitable i$ Fraternal ❑ Non-profit Trade Association Educational ❑ Fishing Derby Association Veterans 46. RENEWAL APPLICATION Outboard Motor ❑ Labor Association Most Recent 1 — ? Year - � Issued Permit Number. L•4i! The following must be submitted with this application: 3. Organized as: (Check the appropriate box.) ❑ Corporation Association C1 Partnership O Current Alaska membership list (must have at least 25 members); ❑ Firm G Company ❑ Copy of amendments to bylaws, if any. no chancres 5. Local Officers (must be current, bona fide members in good standing) NAME TITLE DAYTIME PHONE NUMBER B.J. Brower President 283-7099 Sharon Peterkin Vice President 262-4727 BeBe Fletcher Secretary 262-4739 Norma Mapes Treasurer 283-7176 .Toan Schrader Auditor. 283-43P9 S. Types of Games to be Conducted. List types of games by common name if other than those listed. See AS.05.15.180, AS.05.15.210; 15 AAC 105.110•.160. ❑ a. Bingo (NOTE: Bingo 10 b. Raffles&L,otteries ❑ f. FishDerbles O ). Goose Classic games must not be held more than 9 occasions ❑ c. Pull -tabs ❑ g. Contests of Skill ❑ k. Salmon Classic in a calendar month with no more than 35 ❑ d. ice Classics ❑ h. Rain Classics games per session or series of games.) C e. Dog Mushers' Contests ❑ 1. MercuryClassic THE SPACE BELOW 1S RESERVED FOR DEPARTMENT OF REVENUE USE ONLY. Date of Receipt Permit Number: Date of Issue: Financial Statement: O Yes O No New O NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUEQ o�aeaaoa, ,p I L 1 DEDICATION OF NET PROCEEDS The entire proceeds of the games shall be devoted to and disbursed in accordance with 15 AAC 105.280 Use of Dedicated Net Proceeds. fa) The dedicated net proceeds given to a qualified organization may not be used to pay any person for services rendered In connec- tion with the activities from which the funds were derived. Detailed records of all disbursements must be kept for later audit review. These must be kept with the other accounting records for s period of three year& (b) Disbunsements for the promotion of the welfare and well-being of the membership means that a member may receive assistance in the form of various charitable donations, which have been approved by the organizations board of directors. Charitable G rojects which an organization may sponsor include education grants, training assistance or job Counseling, food baskets, medical or health-care assistance, Charitable functions and dinners for thecanmunity, eta The qualifications to receive the charitable donations must Include a requirement that all members of the organization within the com• munity may quality and receive the assistance These payments may not be devoted to organizational parties, dinnea or beriefits, pieni or social functions limited to members and their families. i (c) Permittees may not steel, buy or lease buildings or land for i their organization with the net proceeds unless these buildings art (1) used exclusively for educational, civic, public, or religious pur- poses (such as hospitals, churches, schools, government buildings, or community centers): or (2) turned over to an appropriate nonprofit organization which qualifies as a tax-exempt organization under the Internal Revenue Code, Section 501(C)(3), or to a local, state or federal government. 7. In the space below, state the specific purposes for which the entire net proceeds are to be devoted and Scholarships for the Kenai Soldotna area students. Assist residence of the cortmunity as a whole when tragedy strikes. To help the Senior Citizens of the area. 8. Estimated Yearly Gross Receipts $ -i_gnn nn 9A. Pierson in charge of games (Must be a bona fide and active mernberof permittee organization) NOTE: The member in charge shall be present during the conduct of each of the specified activities stated on the permit. - An alternate maybe designated to conduct the authorized activities during the absence of the member in charge. NAME MAILING ADDRESS DAYTIME PHONE NUMBER (Prlmaryl Dorna F. ?"apes Box 3838, Kenai. Alaska 99611 283-7176 (Alte`lickie Metteer 134 Briar Cliff, Soldotna, AK 99669 262-7894 911 if a commercial operator is employed to conduct gaming activities on your behalf, please provide the name of the premises, the name of the person operating the premises, the street address and daytime telephone number of the premises. NAME OF PREMISES STREET ADDRESS DAYTIME PHONE NUMBER NAME OF OPERATOR: ALL VOL INTE .R HELPERS 10. Has either person listed In 9A or9B above ever been convicted of a felony or gambling misdemeanor? 13 Yes )Q No 11. Will either person listed In 9A or 98 above receive compensation of any kind from the receipts of the O Yes XX No gaming activities? 12. What Is the HOURLY wage to be paid to employees? ALL VOLUNTFRP. HELPERS :L ? I& Signature of Two Officers Required We certify under penalty of perjury that to the best of our knowledge and belief ail the Informal Ion on this appiication, including any at- tachments, Is true, correct and complete. We understand that any false statement made on this application Is punishable bylaw. We fur- ther certify that we have delivered two copies of this application to the nearest city or borough office for review. NOTICE: ANY FALSE SIATEMENT MADE ON TMI APPLICATION IS PUNISHABLE S LAW. - weu aac.,to�asi LJ 4 ;4 12 ti r— Return To: AieaRe Department of Revenue Qsmes of Chance and Contests of Skill servicee°Ivlalon compliant* PERMIT APPLICATION Comptlance Seaton 1111 W.lith stint. Room 10f1 Juneau, Atasks=01 FEES: $20.00 due with application;1% of entire net pnoseds due with Annual Flnanalat Statement. P400 read the lnauuenom bef are eonpNtWq reds application. 1. ItyneofOrganightion 6146/em -* I/sl:- 4A. NEW APPLICATION IL,1& . lik Number of Years Organization Has Been In Existence In Alaska: Mailidress C V 9 The following must be submitted with this application: ❑ Current Alaska membership list (must have at least 25 members); ❑ Certified true copy of articles of incorporation or, if not City, Stat Zip Code G� lr/.$ 1(4- y ! �o 2. Type of Organization. (Check the appropriate box. Refer to AS 05.15.210 and 15 AAC 105.010,100 for definitions.) Incorporated, copy of bylaws and national and state ❑ Municipality ❑ Police or Fire Department and Company charters; C1 Copy of IRS certificate of tax exemption Issued to non- ❑ Civic or Service prof It organizations, if applicable. ❑ Religious ❑ Dog Mushers'Association Name and Mailing Address of National Organization (if applicable) ❑ Charitable ❑ political 0 fraternal ❑ Non-profit Trade Association Educational r] Fishing Derby Association 48. RENEWAL APPLICATION O Veterans ❑ Outboard Motor ❑ Labor Association Most Recent A�rr//__ / I , Year nt 'p - ty �7 Issued Permit Number. The following must be submitted with this application: 3. Organized as: (Check the appropriate box.) ❑ Corporation ❑ Association ❑ Partnership ❑ Current Alaska membership list (must have at least ❑ Firm G Company 25 members); ElCopy of amendments to bylaws, if any. 5. Local Officers (must be current, bona fide members in good standing) NAME TITLE DAYTIME PHONE NUMBER 1/t l y �o� KLl #&Pslde►iY 776- pzly Cgi"p 41a i, 1&e PAC S zba-ss �z �i-,a,t`•� �r "' °ems . Z6Z- V393 6. Types of Games to be Conducted. list types of games by common name if other than those listed. See AS.05.15.180, AS.05.15.210; 15 AAC 105.110•160. O a. Bingo (NOTE: Bingo it b. Raffles a Lotteries ❑ f. Fish Derbles ❑ j. Goose Classic games must not be held more than 9 occasions O c. Pull -tabs ❑ g. Contests of Skill ❑ k. Salmon Classic in a calendar month with no more than 35 ❑ d. Ice Classics ❑ It. Rain Classics games per session or series of games.) 0 a. Dog Mushers' Contests ❑ 1. MercuryClassic THE SPACE BELOW IS RESERVED FOR DEPARTMENT OF REVENUE USE ONLY. Date of Receipt Permit Number: Date of issue Financial Statement: ❑ Yes ❑ No New ❑ NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. oaeartoaa a DEDICATION OF NET PROCEEDS The entire proceeds of the games shall be devoted to and disbursed in accordance with 15 AAC 106.280 Use of Dedicated Net Proceeds. (a) The dedicated net proceeds given to a qualified organization may not be used to pay any person for services rendered in connec- tion with the activities from which the funds were derived. Detailed records of all disbursements must be kept for later audit review. These must be kept with the other accounting records for a period of three years. (b) Disbursements for the promotion of the welfare and well-being of the membership means that a member may receive assistance In the form of various charitable donations. which have been approved by the organization'sboard of directors Charitable projects which an organization may sponsor include education grants, training assistance or job counseling, food baskets. medical or healthcare assistancq charitable functions and dinners for the Community, eta The qualifications to receive the charitable donations must include a requirement that all members of the organization within the com- munity may quality and receive the assistanca These payments may not be devoted to organizational parties. dinners or benefits, plonies, or social functions limited to members and their families (c) Fermittees may not erect. buy or lease buildings or land for their organization with the net proceeds unless these buildings are: (1) used exclusively for educational, civic, public, of religious pur- poses (such as hospitals, churches, schools, government buildings, or community centers): or (2) turned over to an appropriate nonprofit organization which qualifies as a tax-exempt organization under the Internal Revenue Coda Section 501(Cx3), or to a local, state or federal government. 7. In the space below, state the specific purposes for which the entire net proceeds am to be devoted and in what menn8r. ,41c4oIaesAl10 (rD00 goo "o A s S.rIva H"ov .4 SD P' Lu►'y /1;"o S o 2,0 t44ndte4P o rhe,e o sec �G�AL� 8. Estimated Yearly Gross Receipts 4 y� n r.r,r yrd 471.,, $ 9A. Pierson in charge of games (Must be a bona fide and active member of permittee organization) NOTE: The member in charge shall be present during the conduct of each of the specified activities stated on the permit. An alternate may be designated to conduct the authorized activities during the absence of the member In charge. NAME MAILING ADDRESS DAYTIME PHONE NUMBER (Primary),,__ le y /?Yy dA� 2 3 45 ��Ekcu 11 k • aP� 7%Pz- (Alternate) 98. If a commercial operator is employed to conduct gaming activities on your behalf, please provide the name of the premises, the name of the person operating the premises; the street address and daytime telephone number of the premises. NAME OF PREMISES STREETADDRERIS DAYTIME PHONE NUMBER NAME OF OPERATOR: 10. Has either person listed in 9A or 9B above ever been convicted of a felony or gambling misdemeanor? ❑ Yes 10 No 11. Will either person listed in 9A or 9B above receive compensation of any kind from the receipts of the 0 Yes ii No gaming activities? 12. What is the HOURLY wage to be paid to employees? i i 13. Signature of Two Officers Required We certify under penalty of perjury that to the best of our knowledge and belief all the information on this application, including any at- tachments, is true, correct and complete. We understand that any false statement made on this application Is punishable by law. We fur- If that certify that we have delivered two copies of tnib application to th earest city or borough office for review. 4 Vy' J OME. ANY FALSE STATE ENT MADE ON S APPLICATI N IS PUNISHABLE 13Y LAW. e4e43 Back (reree► , a M turn lb: /. r — Alseq Osperimant of Remus Games of Chance and Contests of Skill Ili... Pubtfo 8enicet OMston 4� �i1WS1AStreet. Rom in PERMIT APPLICATIOW. ' JuMaWAtsakat?1i00t � �,'•, FEES: $20.00 due with application;1% of entire not proceeds due with Annual Financial Statement. - ' PlutaeneOfMuatwetbnapetorewmputhrptnitepWkstbn• "� r I. Name of organization klJ1QLLIE+HY `16 PIO.:E&jS OF AI,ASI:A it 4A• NEW APPLICATION Number of Yean Organization �"' Has Been In Existence in Alaska: Vt!'8 r 3 — Malling Address P.O. Box 1005 The following must be submitted with this sppllcatlon: J1 Current Alaska membership list (must have at least City. State. Zip Code Soldotnar i+laska 99669 25members). Certified true copy of articles of Incorporation or, if not 2. Type of Organizaflon. (Check the appropriate box. Refer to AS 05.15.210 and 15 AAC 105.010,100 for dotlnitlons.) Incorporated. copy of bylaws and national and state O Municipality ❑ ' Police or Fire Department and Company Charters; NIA ❑ Copy of IRS eertlficato of tax exemption Issued to non- i Civic or Service y profit profit organizations, if applicable. ❑ Religious ❑ Oop Mushers' Association Name and Melling Address of National Organization (If applicable) ❑ Charitaws ❑ Political Fraternal ❑ Non-profit Ttads Association ❑ Educational 0 Fishing Derby Association O Veterans 41L RENEWALAPPLICATION Q Outboard Motor ❑ Labor Association Most Recent • Year Permit Number. Issued The following must be submitted with this application: 3. Organized as: (Check the appropriate box.) ❑ Corporation W Association O Partnership f j Current Alaska membership list (must have at least O Firm ❑ Company 25 members); ❑ Copy of amendments to bylaws, if any. 5. Local Officers (must be current, bona tide members In good standing) NAME TITLE DAYTIME PHONE NUMBER Dorothy Lentz President (907) 776-8739 Beverly Christensen Treasarer_ (907) 567-3686 VirZinia A. Poore iiec. Secretary (907) 283-7717 L-arjorie 1.:adden 1st Bice President (907) 262-4932 Lorrayne '.-oore 2nd Vice President (907) 262-5661 S. Types of Games to be Conducted. List types of games by common name If other than those listed. See AS.05.15.180, AS.05.15.210; 15 AAC 105.110.1S0. Cl- s, Bingo (NOTE: Bingo ® b. Rattles & Lotteries p f. Fish Derbies ❑ ). Goose Classic games must not be held more than 9 occasions ❑ & Pull -tabs O Q. Contests of Skill (] It. Salmon Classic In a calendar month with no more than 35 ❑ d. lcs Classics O h. Rain Classics games per session or series of games.) O e, Dog Mushers' Contests ❑ 1. Mercury Classic THE SPACE BELOW IS RESERVED FOR DEPARTMENT OF REVENUE USE ONLY. Date of Receipt Permit Number Date of issue Finsncial Statement: O Yes O No Now ❑ NOTIPF-nAMtIM Ar-rnrrTICQ&AAvme%TPCf%/%1k*V%8#0 rCnstalv.• T... .►�.���.�.w.ww..�w 1, p� t .j r� S� �z it �,> s a �t 1 k!. i DEDICATION OF NET PROCEEDS 1 m entire proceeds of the games $hail be devoted to and disbursed In accordance with ib AAC 105MO Use of Dedicated Nat Proceada. (a) The dedicated net proceeds given to a qualified organization may not be used to pay any person for services randend Ih connee• Ilion with the activities from which the funds were derivr:. Detailed records of all disbursements must be kept for later audit retrt*w. Thaw must be kept with the other accounting to orris for a period of three years. (b) Dl$bum*msnts forth* promotlon of thewelfare and well-being of the membership means that a member may receive assistance In the form of various charitable donations, which have ban approved by the organizatlonls board of directors. Charitable projects which an organization may sponsor Include education grants, training assistance Or Job counseling, food baskets, medical or health-care In the space below, state the specific purposes for r ti . aoalstancq charitable functions and dinners for file Cant. unity, sit: The qualifications to receive the chattteble donatiofta must Include a requirement that all members of the organtatoon within the c munitymay quality and retain the assistance, These payments m not be devoted to organizational panlo%dinnes aboneltfe. plcntce, asocial functions limited to members and their famtlles. (a) Permittess may not Bract, buy or lease buildings or land for their organization with the net proceeds union those buildings ate: M used actusively, for educational, civic, publigor religious put. pose (such as hospita% churches, schools, govemrnent buildings, acommunityesnisrs$or (2) turned over to an appropriate nonprofit organization which qualifies as a tax-exempt organization under the Internal Revenue Code, Section 501i xM. or to a local. state atfad@tal nmv&rnrnsnt To the sapport of the Auxilliary #16 and to helpfinaneially with sendinC umbers to the annual conventions. manners V. Estimated Year lv't pas Receipts 9A. Person in charge Of games (Must be a bona fide and active memberof permlites organization) NOTE: The member in charge shall be present during the conduct of each of the specified activities stated on the permit. An alternate may be designated to conduct the authorized activities during the absence of the member Incharga NAME MAILING ADDRESS (Primary) DAYTIME PHONE NUMBER Dorothy hertz Route 711, Box 1335 Kerai: Alaska 776-8739 (Alternate) VirCinia Poore 4300 Earle Rock Drive, Kenai., AI. 283-7717 90. If a commercial operator is employed to conduct gaming activities on your behalf, please provlde the name of the premises, the name of the pstson operating the premises. the street address and daytime telephone number of the promises. NAME OF PREMISES STREET ADDRESS DAYTIME PHONE NUMBER NAME OF OPERATOR: 10. Has elther person listed in 9A or SS above ever been convicted of a felony or gambling misdemeanor? .[3Yes I No 11. Will elther parson listed in 9A ar 9S above receive compensation of any kind from the recelpts of the D Yea No gaming activities? 12. What Is the HOURLY wage to be paid to employees? AA Of achments, Is true, correct and compieta We understand that any false statement made on this application Is punisWe certify under penalty of perjury that to the best of our knowledge and belief all the Information on this application, Including any at- t that certify that we have detiversd two copies of this application to the nearest city or borough office for review. hable by tarty We fur. NOTICE ANY FALSE STATEMENT MADE ON THIS APAUCATION PUNISHABLE BY LAW. ersus.e.tu>rap { J i 1 r. II , „ =I y, I r- Alaska Department of Revenw Gangs Of Chance and Contests of Skill �.� Public Services Division Compliance Section PERMIT APPLICATIO ', o F`t 1111 W.8th Street. Room 108 4 dunsawAtaskagMI %. FEES: i20.00 due with application; 1% of entire net proceeds due with Akinnual Financial Skate" t. Plessers" the insauctionsbeforeOW010tinathis 80 "� `• 1. Name of Organization 4A. NEW AP mknON �1 AIC Zl tti CVO Greater Kenai Chamber of Commerce NumberofYearsOrganl-_ WIT — Mailing Address Has Been in Existence in Alaska: Post Office Box 497 The following must be submitted with this application: City, State, Zip Code ❑ Current Alaska membership list (must have at least Kenai, Alaska 99611 25members); 2. Type of Organization. (Check the appropriate box. Refer to ❑ Certified true copy of articles of incorporation or, if not incorporated, copy of bylaws and national and state AS 05.15.210 and 15 AAC 105.010-.100 for definitions.) charters: ❑ Municipality ❑ Police or Fire Department ❑ Copy of IRS certificate of tax exemption issued to non- 4 Civic or Service and Company profit organizations. If applicable. El Dog Mushers' Association Name and Mailing Address of National Organization (if applicable) ❑ Rehgous ❑ l�liticat ❑ Charitable ❑ fraternal ❑ Non•profitTrade Association i Educational �] Fishing Derby Association Veterans O Outboard Motor Labor Association 0 anrzed as: (Check the appropriate box.) Corporation U Association ❑ Partnership ❑ Firm G Company Local Officers (must be current, bona fide members in good standi NAME TITLE James E. Carter, Sr. President 4& RENEWAL APPLICATION Most Recent f,/ Year Permit Number: OLD "l1 `+� Issued The following must be submitted with this application: ACurrent Alaska membership list (must have at least 25 members); Copy of amendments to bylaws, if any. DAYTIME PHONE NUMBER (907) 283-9272 Ronald A. Malston lst Vice President (907) 283-4966 Lester Vierra Secretary-TreASuIer (907) 262-5801 6. Types of Games to be Conducted. List types of games by common name if other than those listed. See AS.05.15.180. AS.05.15.210; f 15 AAC 105.1 t0•.160. ❑ a. Bingo (NOTE: Bingo )l b. Raffles S Lotteries I. Fish Derbies ). Goose Classic games must not be held more than 9 occasions c. Pull -tabs g. Contests of Skill ❑ k. Salmon Classic In a calendar month with no more than 35 ❑ d. Ice Classics ❑ h. Rain Classics games per session or seriesof games.) e. Dog Mushers' Contests ❑ 1. MercuryClassic THE SPACE BELOW IS RESERVED FOR DEPARTMENT OF REVENUE USE ONLY. Date of Receipt LIn Permit Number: Date of Issue: Financial Statement: ❑ Yes ❑ No New O NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. 11 n t r4 x I i p DEDICATION OF NET PROCEEDS The entire proceeds of the games shall be devoted to and disbursed in accordance with 15 AAC 105.280 Use of Dedicated Net Proceeds. (a) The dedicated net proceeds given to a qualified organization may not be used to pay any person for services rendered in connec- tion with the activities from which the funds were derived. Detailed records of all disbursements must be kept for later audit review. These must be kept with the other accounting records for a period of three years. (b) Disbursements for the promotion of the welfare andwelWeing of the membership means that a member may receive assistance in the form of various charitable donations. which have been approved by the organizationas board of directors. Charitable projects which an organization may sponsor Include education grants, training assistance or job counseling, food baskets, medical or healthcare assistance, Charitable functions and dinner for the community, eta The qualifications to receive the charitable donations must include a requirement that all member of the organization within the com- munity may quality and receive the assistance. These payments may not be devoted to organizational parties, dinner or benefits, picnics. W social functions limited to members and their families (C) Permittees may not erect, buy or lease buildings or land for their organization with the net proceeds unless these buildings are: (1) used exclusively for educational, civic. public, or religious pur- poses (such as hospitals, churches, schools, government buildings, or community center): or (2) turned over to an appropriate nonprofit organization which qualifies as a tax-exempt organizaton under the Internal Revenue Code, Section 501(C)(3), or to a local, state or federal government. 7. In the space below, state the specific purposes for which the entire net proceeds are to be devoted and in what manner. To aid financially in the support and promotional costs as incurred by the Chamber of Commerce and the Visitor & Information Center. I I I I I i 8. Estimated Yeatly Gross Receipts $ 2.5_ QQ i 9A. Person in charge of games (Must be a bona fide and active member of permittee organization) NOTE: The member ;n charge shall be present during the conduct of each of the specified activities stated on the permit. An alternate maybe designated to conduct the authorized activities during the absence of the member in charge. NAME MAILING ADDRESS DAYTIME PHONE NUMBER (Primary) _Sue Carter PLO. Box 497 - Kenai. Ak. 99611 (90Z) 283-7989 (Alternate) Carolina Willis -- Same As Above -- 96. If a commercial operator Is employed to conduct gaming activities on your behalf, please provide the name of the premises, the name of I the person operating the premises, the street address and daytime telephone number of the premises. NAME OF PREMISES STREETADDRESS DAYTIME PHONE NUMBER NAME OF OPERATOR: 10. Has either person listed in 9A or 9B above ever been convicted of a felony or gambling misdemeanor? ❑ Yes �(No 111. Will either person listed in 9A or 9B above receive compensation of any kind from the receipts of the 0 Yes D� No gaming activities? i 12. What is the HOURLY wage to be paid to employees? 13. Signature of Two Officers Required We certify under penalty of perjury that to the best of our knowledge and belief all the information on this application. including any at- tachments, Is true, correct and complete. We understand that any false statement made on this application is punishable bylaw. We fur- ther certify that we have delivered two coptes of this application to the nearest city or bo office for review. I A. i • NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BYLAW. 'Jt MJ Oki 1 tyest In 2 J .r `i• t: I Return To: Alaska beparcment of R,• raeuo dames of Chance and Contests of Skill — Public Services DivisionCompliance g� "� ItIIW.binStr Street. PE APIT APPLICI-TION t t t 1 W. cth Streot, Ronm SOB Juneau. Aleska 99301 FEES: $20.00 due with application;1% of entire net proceeds due with Annual Financial Statement. %eau read the instructions before cnmpieting this application. t Narrleoltlrgamzation Mailing Address City, State. Zip CoQe 2. Type of Organization (Check the appropriate box. Referto AS 05.15.210 and '5 AAC 105.010,100 for definitions.) Municipality -. =, Police or Fire Department Civic or Service andCornpany C' Religious J Dog fAushers' Association J Charitable L political Fraternal Nonprofit Traee Assccation _ Educational Fishing Derby Association Veterans _ _ Outboard Motor - Labor Association 3. Organized as: ;Check the appropriate box.) 1 Corporation C Association ❑ Partnership _ Firm ,.. Company 4A. NEW APPLICATION Number of Years Organization i Has Been in Existence in Alaska: --? The following must be submitted with this application: ❑ Current Alaska membership list (must have at least 25 members); C 1 Certified true copy of articles of incorporation or. it not incorporated, copy of bylaws and national and state cha_►ters; Q zCopilaf IRS ceritticate of tax exemption issued to non- profit organizations, if applicable. Namp Id Mailing Address of National Organization (if applicablel ` 'Sr/r f, k-B.'FtENEIYALAtn?y(CATION y�---^ -- - Most Recent �, / / Year (; ! Permit Number: Issue The following must be submitted with this application: Current Alaska membership list (must have at least 25 members); Copy of amendments to bylaws, if any. 15. Local Officers (must be current, bona fide members in good standing) NAME TITLE DAYTIME PHONE NUMBER // � �.'��1, r" i'` � : f Y!;' i �,�,- � F�17+r: y �✓n� lam' _ � ' .a - 44 d Types of Games to be Ccnducted. List types of games by common name it other than those listed. See AS.05.15.180. AS.05.15.210; 15 AAC 105.110,160. X a. Bingo (NOTE: Bingo b. Raffles S Lotteries C f. rash Derbies r7 J. Goose Ctaasic games mest nGt be hel,". more than 9 occasions t$ c. Pull•taos L; g. Contests of Ski ii a k. Salmon Classic in a calendar r:ionth with no more than 35 ❑ d. Ice0lsssics h. RainClas::ics games per session or series of games.) L7 a. Dog Mushers' Contests Ij L Mercury Classic THE SPACE BELOW IS RESERVED FOR DEPARTMENT OF REVENUE USE ONLY. } i 1 , i i c rg Date of Receipt ow]ittcraa Permit Number Date of Issue: Financial Statement: ❑ Yes O No New G NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. I L `I fl. - tJLJ�I.M�, V'V Vt'IV=1 YtIV V�L VV The entire proceeds of il+e games shall be devoted to and disbursed assistance. charitable functions and dir.aets for the community, eta in accordance with IS AAC 105.280 Ube of Dedicated Net Proceeds. The qualifications :o receive the charitable donations must include a requirement that all members of the organization within the com• tat The dedicated net proceeds iven co a gl;alifled organization 9 rg munity may quality and receive the assistance. Those payments may May not be used to pay any person for services rendered In connec• not be devoted to organizational parties, dinners or benefits, picnics. lion with the activities from which the funds were derived. Detailed of social functions limited to members and their families, records o! d!l disbursements must be kept for later audit review. These roust be kept with the other accounting records for a period of (c) Perrnittees may not erect, buy or lease buildings or land for three years. their organization with the net proceeds uniass these buildings are: (bl Dis0ursomenis for the promotion of the welfare and well-being (1) used exclusively for educational, civic. nubfic, or religious pur• poses (such as hospitals, churches, scnools, government buildings, of the membership aleans that a member may receive assistance in the form of various charitable donations, which hate been approved or community centers): Or by the organizatiou's board of directors. Charitable projects which an (2) turned over to an appropriate nonprofit organization which organization may sponsor include education grants, trItining qualifies as a tax-exempt organization under the Internal Revenue assistance of job counseling, food Baskets, medical or health-care Code, Section 501(C)(3), or to a local. stale or federal government. i7. In the space Gels v. state the specific purposes for which the entire net proceeds are to be devoted and in what manner. � /}•� i ,: i , �• .< � f �;<<<; r it �`°�' � �- -:�,. r, � :: - ; ~8. Estimated Yearly Gross Receipts 9A. Person in charge of games (fAust be a bona ride and active member of permitted urganization) i NOTE: The member in charge shall be present during tue conduct of each of the specified activities stated on the permit An alternate may be designated to conduct the authorized activities during the eb%enceot the member in charge. NAME MAILING ADDRESS DAYTIME PHONE NUMBER � (Primar)F)— ' C , tAllerna ) OB if a ccmrnerci31 operator is employed to conduct gaming activities on your behalf, please provide the name of the premises, the name of the petsonoperating the premises, the street address and daytime telephone number of the premises. 1 � NANE GF PREMISES STREET ADDRESS CAYTIME PHONE NUMBLk i NAME OFOPERATOn: --Lv---------------- - --- 110. Has either person listed in 9A or 98 above ever been convicted of a felony or gambling mi sdeineanor? Yes lf't No l 11. Will either person listed in 9A or 9B above receive compensation of any kind from the receipts of the : Yes No gaming activities? 12. What is the HOURLY wage to be paid to employees? 13. Signature of Two Officers Required Vie certify undta penally of perjury that to the best of our knowledge and belief all the information on this application. Including any at. tachments, is true, correct and ccmpleto. We understand that 'iny false statement made on this application Is punishable by taw. Wo ter• #her cert ify that we have delivered two copies of this application to the nearest city or borough office for review. Lam, ��f!l z' • B. Z 'e �� /L NOTICE. ANY FALSE STAT ENT MADE ON THIS APPLICATIOleli PUNISHABLE BYLAW. Oar,.; Back t +dda i L I w IN i i Return To: " Alaska Department of Revenue dames of Chance and Contests of $kill Public Serce Division compliance Section PERMIT APPLICATION -Id IIII l.Bth Street, Rom toe Juneau, Alaska 9=1 r) FEES: $20.00 due with application;1% of entire net proceeds due with Annual Financial Statement. Pleas read the instructions before corriptatma this appncaltm. of organization 4A. NEW APPLICATION 4 ,4I? ril Number of Years Organization lin Address f Has Been In Existence in Alaska: 1� The following must be submitted with this application: Cl ip C e __ ❑ Current Alaska membership list (must have at least � C /i 25 members); 2. Type of Organization. (Check the appropriate Dox. Refer to ❑ Certified true copy of articles of incorporation or, if not AS 05.15.210 and 15 AAC 105.010-.100 for definitions.) incorporated, copy of bylaws and national and state Municipality r; Mice or fire Department charters: 0Copy of IRS certificate of tax exemption issued to non• ❑ Civic or Service and Company profit organizations, it applicable. Reli ous E- Dog Mushers'Association xjamaaWMailing Address ofNational Organization (it applicable) / Charitable (� Political Fraternal Non-profit Trade t! Association Educational Veterans Fishing Derby Association 48. RENEWAL APPLICATION n Labor C Outboard Motor Association Most Recent /Ln� Year Permit Number. Issued 3. Organized as: (Check the appropriate box.) The following must be submitted with this application: X Corporation u Asscciation Partnership Current Alaska membership list (must have at least 25 members); u Firm r Company ❑ Copy of amendments to bylaws, if any. 5. Local Officers (must be current, bona fide members in good standing) NAuc TITLE DAYTIME PHONE NUMBER C' er 1 6. Types of Games to be Conducted. List types of games by common name it other than those listed. See AS.05.15.180, AS.05.15.210; 15 AAC 105.110•.160. X a. Bingo (NOTE: Bingo b. Raffles & Lotteries ❑ f. Fish Derbies ❑ j. Goose Classic games must not be held more than 9 occasions c. Puil•tabs ❑ g. Contests of Skill ❑ k. Salmon Classic in a calendar month with no more than 35 ❑ d. Ice Classics ❑ h. Rain Classics games per session or series of games.) ❑ e. Dog Mushers' Contests ❑ 1. Mercury Classic THE SPACE BELUN IS RESERVED FOR DEPARTMENT OF REVENUE USE ONLY. Date of Receipt 04-wilm Permit Number: Dole of Issue: Financial Statement: ❑ Yes ❑ No Now ❑ NOTICE: GAMING ACTIVITIES MAY WT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. I L k DEDICATION OF NET PROCEEDS The er:hre proceeds of the games snail be devoted to and disbursed in accordance with 15 AAC 105.280 Uiie cf Dadieated Not Procaods. (a► The dedicated net ptocueds given to a qualified organiuticn may not be used to pay any person for services rendered in conned - lion with the activitio3 from which the funds were derived. Detaiir ;$ records of all disbursements must be kept for later audit review. These must be kept with the cthar accountirkg r•icotds for a period of three yeas. (b) Disbursements for the promotion of the welfare and well-being of tha membership means that a member may receive assistarce in the form of various charitable donations, which have been approved by the urganization's board of directors. Charitable projects which an organization may sponsor include education grants, training assistance or job counseling, food baskets, medical or health-care assistance, charitable functions and dinners for the community, etc. The qualifications to receive the charitable donations must Include a requirement that all members of the organization within the com- munity may quality and receive the assistance: These payments may not be devoted to organizational parties, dinners or benefits, picntes, or social functions limited to members and their famllles. (c) Piermitteos may not erect, buy or lease buildings or land for (71 their organization with the net proceeds unless these buildings are: (1) used exclusively lot educational, civic, public, or religious pur- poses (such as hospitals, churches, schools, government buildings, or community centers): or (2) turned over to an appropriate nonprofit organization which Qualifies as a tax-exempt organization under the Internal Revenue Code, Section 501(C)(3), or to a local, state or federal government. 7. In the space below, state the spool- ' purposes for which the entire net proceeds are to be devoted and in what manner. L�elf— % r—tGl�/+�L E—sC % CCt.(C;( e� O , �l��r It �•-�����'-rt�/�� �lCGLL-,y/ �%'t �" l /�� �- � f� -� � CMG' L i. LGG' G �'1/ . �'%'�' ` �"•/.�y�'y . l C �' ,� � C') r-C� �ci � i I 8. Estimated Yearly Gloss Receipts o L. � /nl•`.�, 9A. Person in c arge of games (Must boa bona fide and active member of permittee organization) NOTE: The member in charge shall be present during the conduct of each of the specified activities stated on the permit. iAn alternate maybe designated to conduct the authorized activities during the abseliceof the member In charge. i NAME MAILING ADDRESS DAYTIME PHONE NUMBER (Prim r / ` ( ter @) 7 Z 99. It a commercial operator is employed to conduct gamin:t ;.O N;ties on your behalf, please provide the name of the premises, the name of the person operating the premises, the street addre:., and daytime telephone number of the premises. INAME OF PREMISES STREET ADDRESS DAYTIME PHONE NUMBER NAME OF OPERATOR: 10. Has either person listed in 9A or 9B above ever been convicted of a felony or gambling misdemeanor? L1 Yes IXNo 11. Will either person listed In 9A or 98above receive componsal,on of any ,rind from the receipts of the Yes -No gaming activities? �/I 12. What Is the HOURLY wage to be paid to employees? lL r` 13. Signature of Two Officers Required We certify under penalty of perjury that to the best of our knowledge and belief all the Information on this application, including any at- tachments, is true, correct and complete. We understand that any faise statement made on this application is punishable by law. We fur- ther certify that we have delivered two copies of this spphcation to the nearest city or borough office for review. ~; A/I i A. i�}"�_' i� _ _��f'•-�`—.'-[.� — /./ZL t1t L�",i[�� B. `� .�, � X��� �C.. (i� i �1,1 ��t.ir:. NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BYAO- o. h.� ex► iNYtle) i V L 1 . PEW�m WW A PAtmOMSHIP INCLI:OING PROFESSIONAL CL RNMATIONS 420 "1:' STREET. Sun 301 • ANc oaAGE. ALAsaA 9950I • (907) 279.8561 January 29, 1987 DHL DELIVERY Mr. Timothy J. Rogers City Attorney City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Re: City of Kenai Consent to Assignment of Lease Encumbering Lot 1, Block 1, Cook Inlet Industrial Air Park Dear Mr. Rogers: This letter follows our conversation of Monday, January 26, 1987, in which we discussed the intent of the Federal Savings and Loan Insurance Corporation, as receiver for Peninsula Savings and Loan Association (•FSLIC*), the lessee of the above -referenced lease, to obtain the consent of the city of Kenai, as lessor, for an assignment of that lease. As we discussed, FSLIC is in the process of closing a sale of the building and an assignment of its leasehold interest to Alaska U.S.A. Federal Credit Union. The closing is scheduled for February 28, 1987. Pursuant to our conversation, enclosed is an original, unexecuted assignment of lease in substantially the form to be executed at the closing of the sale of the building and leasehold interest now held by FSLIC. We understand that, assuming the enclosed assignment meets with your approval, you will bring it before the Kenai City Council at the council's meeting scheduled for Wednesday, February 4, 1987, with the intent of obtaining the approval and consent of the city of Kenai to the assignment. If the assignment of lease is approved at the February 4 meeting, please send us a copy of the consent to assignment executed by the city of Kenai for our records. If you have any FACsImILE (GP ut.IIu (907) 2763108 OTHER OFFICES= SELUWF- WASHQ MU 0 PORUMM OUGON 8 SEArMt. WASHINGYON • WASmmwpi. D.C. a Mr. Timothy J. Rogers January 29, 1987 Page 2 questions regarding the document or if the assignment of lease does not receive the consent of the city of Kenai at its meeting, please contact the undersigned immediately. Very truly yours, PERKINS COIE By &uzanne E. Hennessy SEH/pw Enclosure cc: Ms. Janet Bogus Mr. Timothy J. Rogers January 29, 1987 Page 3 bcc: Mr. Richard E. McCann ASSIGNMENT AND ASSUMPTION OF LEASE FOR VALUE RECEIVED, the Federal Savings and Loan Insurance Corporation, as Receiver for Peninsula Savings and Loan Association, hereinafter referred to as Assignor, does hereby assign unto Alaska U.S.A. Federal Credit Union, hereinafter referred to as Assignee, all of its right, title, and interest as Lessee in and to that certain Lease attached hereto as Exhibit A. entered into on September 1, 1966. between the City of Kenai, as Lessor, and Donald D. Price, d/b/a Kenai Radiator Clinic, as Lessee, and recorded on January 6, 1969, at Book 34, Pages 27-31, in the records of the Kenai Recording District, Third Judicial District, State of Alaska (the 'Lease*), subsequently assigned to Peninsula Savings and Loan Association, pursuant to that certain Assignment of Lease dated May 29, 1984, between Roger E. Holl and Constance E. Holl, as Assignors, and Peninsula Savings and Loan Association, as Assignee, and recorded on June 14, 1984, at Book 238, Page 622, in the records of the Kenai Recording District, State of Alaska, and encumbering the following - described property: Lot 1, Block 1, Cook Inlet Industrial Air Park, Plat No. K-1448, located in the Kenai Recording District, Third Judicial District, State of Alaska. TO HAVE AND TO HOLD the same unto the Assignee, its heirs, executors, administrators, successors, and assigns, from the date of the Lease, subject to and upon the terms and conditions therein and herein set forth, subject to interests of record. IN CONSIDERATION of this assignment, Assignee does hereby accept the assignment, subject to and upon the terms and conditions set forth in the Lease, and Assignee does hereby agree to pay all rentals provided for in the Lease, to assume and perform all covenants therein, and to hold Assignor harmless for all claims, demands, judgments, or liability arising out of the Lease or the obligations thereunder. Dated• ASSIGNOR: THE FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, AS RECEIVER FOR PENINSULA SAVINGS AND LOAN ASSOCIATION By Its ASSIGNEE: ALASKA U.S.A. FEDERAL CREDIT UNION By It -1- 12IsV L L a STATE OF WASHINGTON ) ss. COUNTY OF ) On this day of 1987, perso„•lly appeared before me , to me known to be of the Federal Savings and Loan Insurance Corporation, and acknowledged that executed the within and foregoing instrument, and acknowledged that signed the same on behalf of said Federal Savings and Loan Insurance Corporation freely and voluntarily, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for Washington My commission expires: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) On this day of , 1987, personally appeared before me to me known to be of Alaska U.S.A. Federal Credit Union, and acknowledged that executed the within and foregoing instrument, and acknowledged that signed the same on behalf of said Alaska U.S.A. Federal Credit Union freely and voluntarily, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for Alaska My commission expires: .r EXHIBIT A - - ax �.ACF_n. '(Airport Landsaor Facilitiasl l;.nai ikt�xdint M�d TICS AfiRliMMIT entered into this day of by raid botwean the City of Kenai a home ohartor uri Hips ty of- - a hereinafter called "CITYr', and ni1..k J ifip(iM—M : -. .. That the City, in consideration of the payments of the rents and tko performance of all the covenants herein contained by the LESSEE, does hernby demise and less* to the L1r.33EE the following described property JA the fonsi Recording District, Alaska, to wit: »� LOT 1• BLOCK 1, COOK IIIL:.T I11DU3TRIAL AIR PARK ^or tho term of 55 years from the i dsy Ot he annul Ally . /96 , to the ,,, —may or . _.Z021.. ro;ts of :� f and so n prepor f.or any on less time, pay- able yocrli 1n a....e o the first day of each year of said term. Rig ••• of Entry and Occupancy is authorized as of the day of »AW-41-3mr.. 19 and first rent shall be computed to sue data. $9S_ Pam day days equals $ : o now due. 1'ho ..at r specified herein is calculated at the .rate Of U_,AP_ per square foot per year. u.5no sq. ft. @ -i 4 or *30,Ge • In addition to the rents specified above; the LEi.E1•: sCroes to ray to the CITY fee as_beT-ainafter. ptoYided: - -" 11011E . • The.purposes for. uhich-this lsaao-is-issued are: �- Radiator 11op31r, Rocore Rebuild, Auto Truett end Tractor Ropair She,. _.. q� sad the LESSEE *areas to ccntii:ue to use�the land or privilege granted `! i:iatorrurted by pa:io8s in�ich :n the aggregate amount to more than one %Ft=. !;AL C0Jr,::111T 1. - Except or provided herein, any roeular use of lands orfohibitie y without tbo written consent -of the'CITX is prohibited. This p wall not apply to use of areas desi;noted by the CITY foe specified ssarily li�eitod to: pasceng:r ter=llnals; Sr.:+1.ie u$es such as, but not noee mitoatobile porkinE areas, roads and streets. ?.. Solicitation of donations or the promotion or operation of ory ,art or kind of business or commercial enterprise not contemplated by S L•i:is lease upon, in or above airport lands without the written eon!ent 1 of the CITY is ;rohibited. !. j. Rny or all personal or real pro rty placed or used upon lanes or i!s f' alitio.i in violation of the ;n•cecdin� prohibitions +.off be ran•ovcd and, er impounded by thn CL TY and w11oA :o :?moved one'/or itopowxted, such 1; property may :•e redocmod by the owner tharcof only upon tee rayn:ent to the CI'_"' of the coats of ren•oval plus stoi sfo cllorfas of ':1.00 per Ea In the CaSO Of COCK aircraft Of l-tot more t11a11 G,00� p411I1(�. gi'Ot:� wQ�u t a.• °:$.00 per day in the ease of each buildine. or cech sireroft in exes:s of 6 000 pourJa ;,rocs weight, or in the case of any other kind of p:op- --- ---- - -- - f' er:y� an an.ca*.:t not to orcc: d '.15.00 p.u• day. j F fi v � I W . i ;1 •'• ui Ike«din 1.en L vatr.4'l r' I 4• The LOSE.*. agrees•to pay the annual rental and fees specified and � -to hii loose or or any nor let, nor r; not sssiZn permit part. sublet, Implication, the whole or any of the either by grant or part promises without written consent of the CITY..-w_» �_ s••v� The LESSEE agrees to keep the premises clean and in Good order at h. is own expense, suffering no strip or waste thereof nor removire any , material therefrom without written permission of the CITY. At the ex- - pirstion of the term fixed, or any sooner determination of the Jesse, the LE3Srlr will peaceably and quietly quit and surrender the premises to - the CITY. 6. Checks, bank drafts or postal money orders shall be made payable i to the City of Kenai MunieipaJ Airport and delivered to the City Admin. ' istration Building, Kenai, Alacks.,, 7. building construction shall be neat Ira -presentable and coa:pat- ible with its use and ourroundinPz. rrior to placing of fill material• -- and/or construction of huildin M on a leased area, the LMZZ shall sub- mit a plan of proposed dovolopnent of property to the CITY who shall approve In writing all major permanent improvements. 8. At the expiration of this lasso, if the LES331 desires a renewal; he shall within 30 days before the expiration make application in writing for a renewal, cortifyiM under oath as to the character and value of all Improvements axsisting on the land, facilities. properties, or interests therein, the purpose for which he desires a renewal and such other infor- mation as the CITY may roeuire. The MMEE shall deposit with such ! applicstion the sum equivalent to 100 percent of the annual rental or j fees still in effect. .3uch,application, when fully conforming to the req.•irements herein stated, will extend the lease until such time as the (f CITY. gives notice to the LESSSE that: (1) the request for renewal has been granted; or (2) the request for renewal has been rejected, stating bs..r_easons_for-zuch-rejection; or 131-0e CITY has determined it .to.be . �. in the best public interest or is required by law o--:• re ulstion to offer the lease at public auction. ' • .be g. Should default made in the pa;uont of any portion of the rent ! of fees whey.dt:e,.or..in any of the covorsnts or ectuitions coatsined In. a lease, a.id for thirty days thereafter, the CITY may re-enter and take j possession of the promises, remove.all person: therefrom, and upon writ - ton notice terminate -the lasso. 10. In th event this lease is for• ¢ rZ,t:erc in e..cess of five (5') years, f the amount of rents or fees spec?.ficd herein shall be subject to re- negotiation for increase. or decrease at int.rvsls of five (5) years lasso. from the 1st day of July preccein; too offoctivo date of this - 11. No building or other perrranont structure ehall be placed within f ten (10) feat nor allot:ed to be pl cod within ton (10) fact of th* bound- ary line of any lot held by a IMSEE; provided; however, that where two or'moro loth held •by t:U TZESSEE are contiguous, the'rcztr-•etion in this • condition na; be waived by written sethorization of the L:TY. ' 12. No b'•ilding or other porrionent structure shay. be placed :.ithin ! 501 of the property Zinc frontin5 a londinC strip. taxit,a:r or apron with- out the written approval of the CITY. ►'his aroa shall be urod for park- ing aircraft only. 13. All written notices roquirod by this lease or per%It small 1•e sent rcgi!terod or certified !,-ai-1 or delivered porsanall:, to the last address of record in the files of the CITY. , 14. The ofror to loose is motto subject to ap,licablc lsun and rs;ulo- tions of CITY and vV y he wlthdroun uithout notice at any time after 31 j days from suhr. i ss ion t'. ereof unl,3zs vi. thin such 3.1 da; z t:ie L'::::: ex- oeutas and roturns the loose or parr..it to the City. -R- i Li J L r soot •'•� rAcra t 15• The interests transferred or convoyed by this loaso are subject to all of the covenants, Corms or conditions contained in the instruments eoavgW..title or other interests to the CITY. 16CITY shall have the right, at all reasonable times, to enter the 16e.mises,•or.eny part thereof, for purposes of inspection.pr . 17. LL4SSE covenants to save the CITY harmless from all action, suits, liabilities br damages rorultinG from or arising out of any oats of commission cr omission by the LrZS.-E, his agents, employees, custom- ers. invitees or *rising from or out of the LESSEE'S occupation or use of the promises domised or privilegas Granted. 18. The T'"SEE agrees to furnish the CITY an annual sworn statement of gross business receipts and/or an annual sworn statement of the number of gallons of fuel and oil sold and/or any other certificate or statement required by the CITY to anbatantiate the computation of rants or fees, iprovided that LESSEE hall not be t unit price,! m to eo:ply with this provision t lq. Any or all rents, charges, fees or other consideration which are due and unpaid at the expiration or voluntary or involuntary termination or cancellation of this lease shall be a chores •gainat the ""SEE and his property, real or personal, end the CITY shall have such lien rights as are allowed b•• law. and enforeerent by distraint may be made by the CIV or its authorized agent. —. 20. C1r rosarvcs the right to f-=ovo all cb:r:es end privileges tended to or withheld from the public in order to insura ro*sonablo ex of rote acolor, creed, orbnationalle iorzein, orrfor .sn7aothermreasonbasis 21. CIT:' reserves the ri;;ht to grant and control severlmt: in, on or above the land leased. No such grant or easer..ant will be made thot wil>yrriraasaaaL•iy'interreia with the L.:SSr»'s u:e of the land. 22. This lease is subject to cancellation if the U3SES does not maintain recsonable oporotions or cora.3ts discriminatory acts. w_•_ 2;; "—L'�Sti� igr` a what CTT: r..ay'modity this lease or )er:it to meet revised reeviroments for federal or state rants, or to conform to the requirements of any revenue bone covonant to vhich the CITY is a party; provided that, in the case of modification to conform to the requirements of any revenue bond covenant the modification shall not set to reduce the rights or -privileges granted the MESSES by this :ecso or oercit nor act to cause the LESSEE financial loss. 24. Unless othoriiise provided in s valid less*, imp:overilits owned by a LEsItS on airport lands shall, w. thin 60 days after the expiration torm•inttion or cancellation of the lease or per, it '•a rer_oved; provided, val dthrt ans�eitott!reo�endan andtfurther,providedliothatwill cause CITYcmayextendinjury tho time for removing such imrrovementz in cases where hardship is proven to its satisfacion, provided e?oplicat70n for extension hen been made in writing oad rcceivod within seid 60 day period. Tha rstirin_c may, with the consent of the CITY sell his improvcr.onts to the 3neeoe3- ing LG 3S .r. 25. If any improvemants and/or chattels having; an appraised value In excess of '•10,000.00 ss doterr,ined by the cIT; are not ro,.oved with- in the tires silowed by Central CpvO:iant No. 25 of this lease, such im,prover•:e,iL•s mid/or chattels shall: t•pon due notice tp the =75.4 ,Z. be sold at public auction under the diroccion of the (;I•r'. The nrocacds of halo shall inure to the L:.3:i :: u:w ot:na Such i,•,provcr.Jents and/or ehnttols after doe--mctin:, slid pay ink to the C M ill re Le: ae tl,or�elsraf no othernd and ex,)ensas incurred in makin_r vt.ci Montsrand/oruchottolsch oan amountthe ^equalatolithezaaouat,eJcdnto1ltliuch ic)TYvbr -3= L A C J the LBSSCC or $1.00, whichever amount is 3reator. The City of Kenai shall acquire all the rights, both legal and equitable, that any other purchaser could acquire by reason or such purchase. 25. If any improvements and/or chattels having an appraised value of f0,00O.0O or less,.ai determined by the CITY9 are not removed within the time allowed by deneral Covenant No. 25 of this loaao, such improvements and/or chattels &hall revert to and absolute title shall vast in the CITY. 27. This lease is issued aubjact to all provisions and requirements or the laws and regul.tions of the CITY rolating to leasing of airport lands and granting -or privile3os the some as thou.3h they were sot forth in full over the signatures or the contracting portions, 28. If any term, provision, condition or part of this lease or permit is declared by a court of competent jurisdiction of the State of Alaska to be invalid or unconstitutional, the remsinin3 terms,' provisions, conditions or parts shall continue in full force and arreet as though such declaration was not made. 2g. Thor* is hereby reserved to the City of Kenai, its successors and r 0 33i3n9, for the use and benefit of the public, a right or rli;ht for the passage or aircraft in the airspace above the surface or the premises hero- in conveyed, together with the ri&ht to Cause in sold airspace such noiso as may be inherent to the operation or aircraft, now known or horonfter used for novi32tion or or flight in the air. using said airspace or landinS at, takin3 off from or operating on the Kenai Airport. 30. The LESSEE by accepting this conveyance exprossly agroaa for it - stir, its heirs, representatives, successors. and asfigns that it will not :root nor permit the erection of any structure or object which would be an airport obstruction within the standards 43tAbl13hed under the Federal Aviation Ajency Technical Standard Order N18, as amended. In the event the enterronesaid the landenAnt is conveyedbrashereunderthe andCtoyor removenoi thereserves the orrandin3structure or object and to cut the offending tree, all or which shall be at the expense or the LESSEE, or its heirs, successors, or assigns. 31. The LESSEE, by aceeptin3 this conveyance expressly agreas for Moir. its heirs, representatives, successors, and assisns that it will not make use or the said property in any nonnor which mirht interfere with the land and ta'aing off of sircrart from said Kenai Airport or otherwise constitute an eirpor. hazard. In the event the arorosaid covcnont is breached the LSSSvR reserves the right to enter on the land conveyed here- under the cause the abatement of such interference at the expense of the LESSEE. 32. The LESS-e:E, by accepting this conveyance expressly a3reos to all the terms and conditions or the of[ar for lease dated „L,S,_,t.-S.r. io1,, under which this land was made available for lease. 33- When increases or decreases in the rent payment to'tho CITY fail or determination by the parties nc;otiation at the five-year intervals, then the question or the amount or increases or decrease in rontal POYMOnts shnll be determined collectively by a Board of Appraisers. The Board or Appraisers shall utilitc accepted appraisal methods and criteria in•arrivin; at the determination or the sun, of the increase or decrease, if any. Said Board of Appraisers shall be composed or three monibers, unless otherwise agreed upon, with one somber to be chosen by the CITY and the other member to be chosen by the L':S3EE, with the third member to be selected by the too menbor initially soluctod. In the uvcnt the taombors selected by the parties can n1bt aZroo on the third state Ircotnde the SuporiorCourt of the or Alann,uponapplicationreiherofth parties. -4- L , , i t alJ r - • ti: t SPECIAL COy'MANT3 IN WZVE33 it'L:'REOF the parties heroto have set their hands the ......._. day and year stated in the Individual acknowlad,•7ments below. CITY F TOM State of alaaka By: as. _ Third Judicial District �~ . iurut"`}rt • On thta day of 19 b f personally oppe re , ksoun tc a the �8rsd; ::t.�r�.,ex3- euted tho above LEA3 cn acunou o to that he had tho• u1Lh(+:•3�;.�p;:a s aian the son o for the purpose stated •therein. gal , s &,oLary runiic an anu .g: •.iiasK7., __ .. Comiat:on Expires State of Alaska ) ./Third Judiciol•Distrlct ss. On Elsie; 1 `, day of 19�, Dofore me personally _.: •,: appecrod 1. •-,., L I �/4.cc.• knot -in to be the parson �lbo��;:�kvt�. • the : ova - •, and accknou a red that he had the authority tc.,,AA4 _tisa m,oe'e for the purposes stated therein. •, ?�� �„• �'�y th' otor.X,, a lc 11 anti for !ss_k it . CocnriissExpires: : / RE�QRKD • Fi_:J • t: �� _rc a :r. tut! ___ --- 4,' L. t.—.•d .. (!*N J 1 COUNCIL INFORMATION # l FEBRUARY 4, 1987 CITY OF KENAI .,vd eapdal a/ 4"„ mo m"o mm, musty► owl TMJft0N94q • 7sU January 27, 1987 City of Soldotna PO Box 409 Soldotna, AK 99669 Please find enclosed copies of the City of Kenai's new brochure entitled "City of Kenai 1987-88 Capital Improvement Projects Request for State Grants." The City of Kenai is very proud of our Capital Improvement Program and the improvements that have been made to our city over the last ten years. If you have any questions or comments, please feel free to contact the Mayor, City Councilpersons, or any City department head. Sincerely, Keith Kornelis, Director Public Works Department WSW Enclosures L r -A CAPITAL IMPROVEMENT PROJECTS LIST SENT TO CITIES 1 City of Soldotna PO Box 409 Soldotna, AK 99669 ! City of Homer 3670 Lake Street Homer, AK 99603 \= City of Seward PO Box 167 . Seward, AK 99664 .. City of 3eldovia PO Drawer B Seldovia, AK 99663 Village of Hope - - - - - Jim Skogstad, Village President Box 8 Hope, AK 99605 City of Soldotna # Mr. Dave Burnell _.. PO Box 409 Soldotna, AK 99669 Kenai Peninsula Borough Box 850 __ rn Soldotna, AK 99669 Kenai Chamber of Commerce PO Box 497 Kenai, AK 99611 North Peninsula Chamber of Commerce Box 8053 Nikiski, AK 99635 Soldotna Chamber of Commerce Box 236 Soldotna, AK 99669 Don McCloud Kenai Peninsula Borough PO Box 850 Soldotna, AK 99669 [Z W Y 4 5 r CITY OF KENAI %Od Ca#W 4 Am" '' January .177TW The Honorable Mitch Abood Senator, State of Alaska P.O. Box V (Interdepartmental Mail Stop: 3100) Juneau, AK 99811 SUBJECT: CITY OF KENAI, 1987-88 CAPITAL IMPROVEMENT PROJECTS REQUEST FOR STATE GRANTS Dear Senator Abood: Please find enclosed two copies of a brochure entitled "City of Kenai, 1987-88 Capital Improvement Projects, Request for State Grants." This foldout contains: 1. Aerial photo of the City of Kenai 2. Summary of PAST PROJECTS - Project names, grant numbers, purpose, and amount for years from 1980-81 to 1986-87. 3. Summary of FEE PROJECTS IN PRIORITY - The first list contains 19 projects that would be City Projects - projects to be constructed by the City and operated and maintained by the City. The second list are projects that are considered as area -wide projects or improvements that benefit all of the Kenai Peninsula and even the whole State. The third list are important health and safety projects which are further broken down to City and area -wide projects. The City of Kenai is very proud Qf our Capital Improvement Projects program and our record shows that we have accomplished a lot. The City has shown its commitment to its CIP program by usually completing the design work and obtaining the necessary right-of-way before even receiving the State grant. The City has shown that we: are willing to contribute local funds, time, and effort to the project. L -1- L 1 �, of CZP January 27, 1987 Page 2 • are ready to immediately put the funds to work which should lower the cost and put people to work right away. • plan ahead and know what we truly need and not what we just want. • do not use the State grant funds as a source of long- term investment interest revenue. if the Mayor, Councilpersons, City Manager, or any City Department Heads can ever do anything to assist you, please do not hesitate to call on us. We would be delighted to help you. Also please feel free to request additional copies of our brochure. Sincerely, Keith Kornelis, Director Public Works Department KK/sw Enclosures LEG L I I t_ Mr. ate-IY, f1 MLMP1,►M \IYIi. 1 bfllul all IMF. ti FIRST SESSION, 1987 SENATE P.O. Box V, Juneau, AK 99811 (Interdepartmental Mai( Stop: 3100) AME PHONE NUMBER OFFICE LOCATION A800D, Mitchell .................... 465.452214714/4747 ...................... Capitol. Room 423 BENNETT, Don ..................... 465.3714/3719/3871/3753 .................. Capitol. Room 518 BINKLEY, Johns.....................465.4985/4737 ........................... Capitol. Room °IS COGHILL, Jack ..................... 465.4745/4797/4907 ...................... Capitol. Room 30 DUNCAN, Jim ....................... 465.4766/4767 ........................... Capitol. Room 119 ELIASON, Dick ......................465-4916/471113770 ...................... Capitol. Room 417 FAHRENKAMP, Bettye ............... 465.3763/3834/3835 ...................... Capitol. Room 125 FAIKS, Jan ......................... 465.3755/452313740/3926 .................. Capitol. Room 107 FISCHER, Paul ...................... 465.3782/495613791 ...................... Capitol. Room SOO HALFORO, Rick ..................... 465.4958/4450/2137 ...................... Capitol. Room 103 HENSLEY.Willie ..................... 465.3862/4923/2444 ...................... Capitol. Room 510 JONES, Lloyd ....................... 465-3743/3745 ........................... Capitol. Room 9 JOSEPHSON. Joe ................... 465-4525/4781/4782 ...................... Capitol. Room 113 KELLY. Tim ........................465-384413822/3823 ...................... Capitol. Room 101 KERTTULA, Jay.....................466.3717/3771/3772 ......................431 N. Franklin St. ROOEY, Pat ........................ 465-3793/3754 ........................... Capitol. Room 504 STURGULEWSKI, Arliss .............. 465-4989/3819/3818/3810/3787 ............. Capitol. Room 427 SZYMANSKI, Mike ................... 465.4978/4979 ........................... Capitol. Room 11 UEHLING, Rick ...................... 465-4821/4822/4823 ...................... Capitol. Room 514 ZHAROFF. Fred ..................... 465-3473/3474 ........................... Capitol. Room 121 Peggy Mulligan. SENATE SECRETARY . 465-370113785 ........................... Capitol. Room 213 lack Gibbons. SERGEANT -AT -ARMS ... 465.4987 ................................ Senate Chambers LEGISLATIVE AFFAIRS AGENCY: State Capitol, P.Q. Box Y. Juneau. AK 99811 (interdepartmental Mail Stop: 3101) Executive Director ................... 465-3800 ............................... Sommers Building 08118 Processing .................... 465-2419 ............................... Sommers Building HELP DESK ...................... 465-3858 .... ..:........................ Sommers Building Adminstrative Services ............... 465-3850 ............................... Sommers Building Building Services .................. 465.3708 ............................... Capitol. Room 12 Documents ....................... 465.3737 ............................... Capitol. Room 3 Mailroom ......................... 465.3736 ............................... Basement. Community Bldg. Print Shop ........................ 465-3806 ............................... Basement. Community Bldg. Supply ........................... 465-3853 ............................... Capitol. Room 5 Legal Services ...................... 465-3867 ............................... Court Plaza. Sth Floor Reference Library ................. 465-3808 ............................... Court Plaza. 6th Floor Information Services ..:.............. 465-4648 ............................... Simpson Bldg.. Room 210 LEGISLATIVE AUDIT. State Capitol. P.O. Box W. Juneau. AK 99811 (Interdepartment Mail Stop: 3300) Legislative Auditor ................... 465.3830 ............................... State Bldg.. 6th Floor LEGISLATIVE FINANCE: State Capitol. P.O. Box WF. Juneau. AK 99811 (Interdepartment Mail Stop: 3200) Director ............................ 465.3795 ............................... State 8ldg.: 6th Floor OMBUDSMAN: P.O. Box WO. Juneau. AK 99811 (Interdepartment Mail Stop: 3000) Ombudsman ................... .... 465-4970 ............................... 400 Willoughby Center. Room 200 SENATE ADVISORY COUNCIL, State Capitol. P.O. Box V. Juneau. AK 99811 (Interdepartment Mail Stop: 3100) . Senior Advisor ........... ........... 465-3114 ............................... Goldstein Bldg.. Room 209 �_aURAL RESEARCH AGENCY: State Capitol, P.O. Box V. Juneau. AK 99811 (Interdepartment Mail Stop: 3100) Senior Analyst .......... ............ 466.2199 ............................... Goldstein Bldg.. Room 218 SENATE RECORDS ............... . 465-2870 ............................... Capitol. Room 7 L 1 L _s-�— F FIFTEENTH ALASKA STATE LEGISLATURE FIRST SESSION, 1987 HOUSE OF REPRESENTATIVES P.O. Box V. Juneau. AK 99811 (Interdepartmental Mail Stop: 3100) NAME PHONE NUMBER OFFICE LOCATION ADAMS, Albert P. ................... 465-370613707/3724 ...................... Capitol. Room 509 BARNES, Ramona ................... 465.3438/3439 ........................... Court. Room 602 BOUCHER. HA. -Red' ................465.4931/4932 ........................... Capitol, Room 421 BOYER, Mark ....................... 465.3466/3407 ........................... Capitol, Room S17 BROWN, Kay ....................... 465.3784/4998 ........................... Capitol. Room 515 CATO, Bette........................466-4858/4859 ........................... Capitol. Room 15 COLLINS. Virginia M. ................ 468-2828/2829 ........................... Court, Room 607 COTTEN. Sam ...................... 465.371113715/3799 ...................... Capitol, Room 110 DAVIDSON, Cliff ..................... 465.2487/2498 ........................... Capitol, Room 114 DAVIS, Mike .. 465-4930/4941/2647 ......:............... Capitol. Room 411 DONLEY, Dave ...................... 465-3892/3893 ........................... Capitol. Room 13 ELLIS, Johnny ...................... 465.370413705 ........................... Capitol, Room 128 FRANK, Steve ...................... 465.3709/3877 ........................... Capitol, Room 503 FURNACE, Walter R.................. 465.3875/4894 ........................... Court. Room 611 GOLL, Peter ........................ 465.4925/4926/4924..................... Capitol. Room 513 GRUENBERG, Max F.. Jr . ............ 465-371814968/4986 ...................... Capitol. Room 216 GRUSSENDORF, Ben ................ 465-3720/3721/3824/4965/3722 ............. Capitol. Room 206 HANLEY, Alyce ..................... 465-2688/4914/4939 ...................... Court, Room 608 HERRMANN. Adelheid ................ 466-4942/4943/2996 ...................... Capitol. Room 108 HOFFMAN, Lyman ................... 465.445314530 ........................... Capitol. Room 112 HUDSON, Bill ....................... 465.374414991 ........................... Court. Room 605 KOPONEN, Niao ..................... 465.4992 ............................... Capitol. Room 104 LARSON, Ron ...................... 465-3727/3878/4967 ...................... Capitol. Room 500 MARTIN, Terry ...................... 465-3783,3782 ........................... Court. Room 600 MENARD, Curt ...................... 465-2679/4944/4945 ...................... Court. Room 606 MILLER, Mike ...................... 465-4976/3792 ........................... Capitol. Room 405 NAVARRE, Mike .................... 465-3764/3765/3779 ...................... Capitol, Room 204 PEARCE, Orue ...................... 465-499312678 ........................... Court. Room 612 PETTYJOHN, Fritz ................... 465.4937/4938/4841/4843/48.............. Capitol, Room 24 PHILLIPS, Randy .................... 465-494912661/2708 ...................... Court. Room 614 POURCHOT, Pat .................... 465.3879/3712 ........................... Capitol, Room 511 RIEGER, Steve ...................... 465.2995/3464/2116 ...................... Capitol. Room 409 SHULTZ, Richard .................... 465-4940/4951 ........................... Capitol, Room 415 SPRINGER, Heinrich ................. 465.3789/4833/4984 ...................... Court, Room 601 SUND, John ........................ 465.499014919/4920 ...................... Capitot. Room 122 SWACKHAMMER, C.E. ............... 465.2689/4917 ........................... Capitol. Room 521 TAYLOR, Robin ..................... 465.3873/4905/4908 ...................... Court. Room 604 ULMER. Fran ....................... 465.494714963/4964 ...................... Capitol. Room 132 WALLIS, F. Kay ..................... 465-3732/3733 ........................... Capitol. Room 501 ZAWACKI, Jim ...................... 465-2719/2724/2693 ...................... Court. Room .609 Irene Cashen. CHIEF CLERK .......... 465.3725/3726 ........................... Capitol. Room 214 Andy Mack, SERGEANT -AT -ARMS ..... 466.3869 ............................... House Chambers } HOUSE RESEARCH AGENCY: State Capitol. P.O. Box V. Juneau. AK 99811 (Interdepartmental Mail Stop: 3100) Director's Office ................. 465.3991 ............................... Goldstein Bldg.. Room 216 HOUSE RECORDS ................... 465.2214 . Goldstein Bldg.. Room 203 Li i - A J + X } �V fY'<f �L Y_ 1fjl' 1� f r COUNCIL INFO # oG FEBRUARY 4. 1987 CITY OF KENAI I'M ea#W a/ 4Z""" 210 FICA' G KENAI, ALASKA 9MI TELEPHONE 283.7535 TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director 6e�� DATE: January 26, 1987 SUBJECT: COMMERCIAL USE OF CITY OF KENAI DEWATERED SLUDGE Ken Siirila, the City's Sewer Treatment Plant Operator, has informed me that Councilwoman Sallie Bailie requested some information concerning the commercial use of our dewatered sludge. Mr. Siirila has discovered the following: 1. Liability insurance would be very expensive. 2. Commercial use was tried but it failed in Toledo, Ohio. They no longer sell sludge. 3. Milwaukee, Wisconsin has sold Milorganite (sludge) for 40 years but has never made any money on it. They have a huge plant and are also heavily into research which may be why they are continuing. 4. It would cost approximately $600 per month for the necessary Lab testing to assure that there are no pathogens in the sludge. 5. Fairbanks has the same permit as Kenai - Agricultural .use only. They also use drying beds that dry out the sludge completely. According to Mr. Siirila's investigation, there is no real commercial value to our dewatered sludge. Public Works is presently working on the individual ADEC permit which, if granted, will allow us to use the dewatered sludge on the Airport. We already have a general permit for sludge use from our Sewer Treatment Plant. Knowing that you wish to be kept informed of items concerning the City, I have addressed this memo to you and sent a copy to Councilwoman Bailie. I have also requested a copy to be included in the February 4, 1987, Council packet. KK/sw SLUDGE.MEM L L r- ,t. COUNCIL 1NW. 9 J rEBRLI=Y 4, 1987 CITY OF KENAI •%od ea� MOFUMM XWN,, LM" SM„ ,&WHONAM.M6 January 22, 1987 City of Seldovia Drawer B Seldovia, AK 99663 SUBJECT: KEENAI BOATING FACILITY The City of Kenai is presently building a boating facility in the Kenai River near the mouth of the river next to our existing boat launch ramp. I am trying to set up our operating procedures and I desperately need your help! .� The City of Kenai has a construction contract with Western Marine Construction Inc. to build this facility for the sum of ; $1,565,500. The project is presently about 16% complete. We are scheduled for completion by July 30, 1987. This new facility will include the following: 1. Dock and Trestle 2. Unloading Crane 3. Repair Grid 4. Water Washdown 5. Waste Oil Tank i 6. Septic Holding Tank 7. Trash or Refuse 8. Road & Parking Lot 9. Existing Boat Launching Ramp & Float 10. Restrooms 11. Well & Well House 12. Dock Office 13. Telephones 14. Erosion Protection 15. Signing 16. Lighting g r I could sure use any information on how you handle your operation, especially any of the items listed above. If at all possible could --you send me: 1) Any operations or procedures manuals 2) Any applicable City Ordinance 3) Any rules, regulations, controls, etc. d) Rate structure or fees 5) Personnel requirements 6) Boating Facility Budget 7) Your comments on City providing this service versus the City contracting it out - Pros & Cons 8) Anything else that might help me in setting up our operating procedures - possible pitfalls, problems, solutions, things to watch out for, etc. Since this facility is scheduled for completion by July 30, 1987, I have very little time to set this up. Anything you can do would be very much appreciated. The City of Kenai's Harbor Commission and I would also like to visit with you and observe your excellent operation. If we can ever be of assistance to you, please do not hesitate to call. I can be reached at 283-7535. Thank you for your help. Sincerely, Keith Kornelis, Director Public Works Department KK/sw LTRPORTS.KK L L L { t- U REQUESTS FOR INFORMATION ON BOAT FACILITY Harbor Master Municipality of Anchorage PO Box 196650 Anchorage, AK 99519-6650 Municipality of Anchorage PO Box 196650 Anchorage, AK 99519-6650 Whittier Small Boat Harbor PO Box 608 Whittier, AK 99693 City of Whittier PO Box 608 Whittier, AK 99693 Seward Boat Harbor PO Box 167 Seward, AK 99664 City of Seward PO Box 167 Seward, AR 99664 Port of Homer Richard David "i 4350 Homer Spit Road Homer, AK 99603 City of Homer 3670 Lake Street Homer, AK 99603 Seldovia Boat Harbor Dan Hecks Drawer B Seldovia, AK 99663 City of Seldovia Drawer B Seldovia, AK 99663 Harbor Master City of Kodiak PO Box 1397 Kodiak, AK 99615 City of Kodiak PO Box 1397 Kodiak, AK 99615 I 1-9 CITY OF KENAI (ail Goa#ail 4 4" 210 FIDALGO KENAI, ALASKA 9M TELMHONE 283. 7838 y January 20, 1987 Fish Packers Allied Processing 53670 Lynn Court Kenai, AK 99611 SUBJECT: KENAI BOATING FACILITY The City of Kenai is presently building a boating facility next to the existing Kenai boat ramp on the Kenai River near the mouth. This facility will include a 36' x 170' dock and a 16' x 200' approach trestle. The facility will include a fueling facility with gas and diesel; dock lighting; a repair grid; limited short-term parking for cars, trucks, boats, trailers, etc.; restroom facilities; on site well and well house (for wash down and restroom); one unloading crane; a septic holding tank; a waste oil disposal tank; trash or refuse containers; the existing boat launching ramp and float facility; proper signing; access road and parking lot; a dock office; telephones; gabions for erosion protection, etc. The City of Kenai is presently under contract with Western Marine Construction Inc. for the contract sum of $1,565,500 for completion of this boating facility. At this point we are approximately 16% complete including stored materials. The concrete dock will be set on piles that consist mostly of 24" x 1/2" main piles, except for four ice cutting piles that will be 30" x 1/2". The dock will also be protected by fender piles that will be 12" x 1/2". The project has been designed to be structurally sound, sturdy, and basic. We have concentrated on building a low maintenance facility and on providing vandal -proof fixtures where possible. The project completion date has been set at June 15, 1987, for the basic dock trestle, erosion protection, parking, etc. The contract completion date for the alternates has been set for July 30, 1987. These alternates include the fueling facility, crane, restrooms, septic tank, landscaping, and repair grid. L i' i The Kenai Harbor Commission meets on the first and third Thursday of each month. At their last meeting of January 15, 1987, I was asked to write each of the sea food processors in this area, requesting their input concerning the new Kenai Boat Facility. Please respond in writing as soon as possible to the following Kenai Harbor Commission inquiries: 1. Please make some comments and/or proposals as to how you would like to see the Kenai Boating Facility/Dock utilized. 2. Will your firm be utilizing this facility once it is complete? 3. Please provide any comments, problems, solutions, and/or suggestions for changes, additions, deletions, to this facility. The Kenai Harbor Commission meetings are open to the public and the commission members welcome and encourage participation in their meetings. The City of Kenai would like to encourage you to attend, and provide some input on how to help improve this needed facility. Sincerely, Keith Kornelis, Director Public Works Department KK/sw i DOCKMEMO/l/22/87 Fish Packers Allied Processing 670 Lynn Court nai, AK 99611 Cook Inlet Processing, Inc. Box 8163 NRB Kenai, AK 99611 Dahmen Seafoods, Inc. 51630 N. Road Kenai, AK 99611 Fishermans Packing, Inc. Cannery Road Kenai, AK 99611 Hoko Fishing Co., LTD Beaver Loop Kenai, AK 99611 Keener Packing CO. 34410 Kalifornsky Beach Road Kenai, AK 99611 Kenai Packers PO Box 31179 4Wattle, WA 98103-1179 Royal Pacific Fisheries 50725 Ralifornsky Beach Road Kenai, AK 99611 Salamatof Seafoods, Inc. PO Box 5070 Kenai, AK 99611 Seward Fisheries 842 Fish Dock Road Homer, AK 99603 Ed's Kasilof Seafoods, Inc. 26085 Williamson Lane Kasilof, , AK 99610 Seafoods From Alaska, Inc. Mile 82 Sterling Hwy Sterling, AK 99672 IR L F RENAL PENINSULA SOROVOR 'REGULAR ASSEMBLY MEETING JANUARY 20. 1987; 7 30 P M DOROUCB ADMINISTRATION BUILDING. 11.1pOLDOTNA. ALASWA Q Z V U A A. CM TO.,ORDER. I'll ., _1W 3. PLEDGE Of ALLF.LIHCB VC C. INVOCATION: Rev Rem Repner" ad Methodist Chur 7' ass &N im D. ROLL CALL _R. .01 60" Z. VACANCY, DESIGNATION OR SEATING OF AS Ala -11 Y1MMER F. APPROVAL OF MINUTES: January 0. COMITTEE REPORTS tt (a) Finance (Crawford Carey. O'Coaaall. Nash. &-andel. Johnson) W Lands/Resources (Skogstod, Johnson- W Legislative/Policies tOlick. Phillips. Cox Crawford) N h (4) Local Affairs (Moore. illips.'Fandel, Valli) a. (a) Public dvt' McGahan, )(lane) ­­z (f) Data Processing H. MOTIONS TO RECON (a) Res: 87-1 "Correcting the EoundiAss of the 801 UFFr=to Match Correct Topographical Worms (Mayor, Raq. VDQ XTRs McLane Z 1. AGENDA APPROVAL AND .COKSENT AGENDA (a) Vacation unused ADL 63992 ROW and Utility Esin within Lot 6 and Lots 8 through 12. Block 2, St field Subd. Addn. No. 3. See. 21? T4N, R11W.- 8 J. ORDINANCE HEARINGS -j-, .iYZF-:4 (a) Ord. 86-101 "Amending KPB 21.12 to*Prv�ibit .64 spo ulsa& or Storage of Hazardous Vsste'Nash) (b) Ord. - 86-105 "Amending the Borough Code of Ordiv Concern Ung Assembly Member Term of.Office and I of Assembly Officers" (Moore) fk- ?K .1,50C Cb $0 UA 68 j N , L v ry 4 d 86-71 "StatLu e-L' op 9 0 . . . . . roughpal :.:7 A M74 Cl,07 fc2lt 81 SietlAS ?#a and Process Requir a rov —ass M, R,11.31C4 -09 .0in as- 'ItAij mnyori Roy 11 � , N OR" 40 va L 1- 87-5 "Reclasi"j, a option to I**.. 8cr0Ufh Lands, jind Approving 9 ng". with Ace ing Fort MaTfte.'YT'044. 484118M Asrsemeneemen -1 (a) Res. 87-5 "Requesting the State ZO-r-f-STH-Unds Within the Chugse Which most the Provision, Of So Alaska Statehood gotad (b) Res. 87-6 "Urging the Alaska to, ."a-lEZ-17Utment ranso Facilitie0Ps to Purpueof InTclusiponm ;toad. a Proposed Connect in Bij ?, Y.!�y j�?Af the jp�dartl .(c) Se 87 7 t j"ura;ca9=dLpp ,tire CQUany to PIP( inistes flip So -Inpurffid .fip I jjji , seat W. "I K ula r�ahgo. gh (d) oc . ndin e to p PC& . e Is r vLde rou SAP - ly . A . 1, one t.rf tors. d a it$* 14u, 49 P, , d, lip I. , L m M f r t a dar )r.%TtA)rd. 07-� ��,Agrppr.i ;RSuJf 4WA XOAtq J'A T LE I a , C= Ord. 87-3 "Accepting a Ors for On -the -Job Traiii: % at ),W Ord. 87,4 ..-Appropriwing goad 1ntew0 "., _4f) pi oTrowPr ;$Lvg tiilhe ti ,!Reducing School construe aiyiConstruction Ombud man tj f d.' -94 "Estakishing'p, 3 4.06440 Prohibition a Advocate Passage of a Ball, To 2/17/87 N. YORMIILy P 19" WITH PRJOR MEETING AGENDA ^i' O. PUBLIC COMMENTS AND PUBLIC PRES1 CONTAINED IN THE ASSEMBLY'S AM P- MAYOR'S REPORT R. :.ASSEMBLY AND MAYOR'S mD 8- INFORMATIONAL MATERIALS AS REPO T. NOTICE OF lNEXTNun= AND ADJOI FM_ 1 -r A 1ivf TELEPHONES 109 MLIOCIPAI WAY, SUITE 3M (907) SWI325 "EAU, ALASKA "W1 SPZC:A4". I*I*ZT:N LEGISLATIVE RECEPTION4it1�,;uyi �, officials are invited to attend a legislative reception to be held in Junha1,'-Jry 29, 1987. The reception, co -sponsored by the Alaska Municipal League and the Alaska Conference of Mayors, will honor the Cowper Administration and the 15th Alaska State Legislature. The reception is being held in conjunction with the January meetings of the AML Legislative Committee and the AML Board of Directors (see below). The reception will be held Thursday at The Penthouse in the Senate Building at 175 Franklin Street from 5:00 to 7:00 p.m. The annual reception is an excellent opportunity to discuss municipal priorities at the beginning of the Session. We encourage you to attend, if your schedules permit, and we encourage you to contact your senators and represen- tatives, personally, and invite them to attend. AML LEGISLATIVE COMMITTEE AND BOARD MEETINGS - The AML Legislative Committee will meet in Juneau, January 28-29, 1987, in the Treadwell Room of the Baranof Hotel. The 39-member committee, chaired by Dave Soulak, City Manager of Palmer, will meet to discuss the AML legislative priorities (see recent mailing of 1987 Policy Statement) , develop a legislative strategy, and deliver it to the ad s ra on and the legislators. The meeting begins at 1:00 p.m. on Wednesday, and continues through Thursday to the reception. The AML Board of Directors will be meeting in Juneau, January 29-30, 1987, in the Gastineau Suite of the Baranof Hotel. Agenda items include meetings with the Governor, commissioners and legislators; the AML Joint Insurance Arrange- ment; and selecting a consultant to assist the AML in developing a strategic and action plan for the future goals and objectives of the AML. The meeting will begin Thursday at noon with a lunch with Governor Cowper. BOARD NOMINEES SOUGIjT.- Northwest Arctic Borough Mayor John Schaeffer resig eded from his -A - arge seat on the AML Board upon his appointment by Governor Cowper as the Adjutant General of the Department of Military and Veteran Affairs. AML President George Carte' is asking municipalities to submit nominees for his consideration and appointment to fill the vacancy on the Board. Nominees may be an elected official from any member municipality and should be an individual who will actively participate as a Board member during this very Important year. The individual must be supported by their communities, Including financial support to attend meetings. Please submit your nomic-' completing the attached form and submitting it TO THE AML OFFIC FEBRUARY 16, 1987. Kfin.• j�l, i, 3m J l'lJ.: kti.;A{114 _ ..,�• .e .. In "tilyi ' �iltiGi�i:t -: _ _ Jl _ 'r =' ALASKA MUNICIPAL LEAGUE AT -LARGE DIRECTOR (One Year Unexpired Term) 1 k NOMINATIONS FORM To: George Carte', President f {• Alaska Municipal League C !: The of (Municipality) ~. (Assembly, City council, and/or Mayor) 1 in AHL District (check appropriate box): ;. J [] Director District 1 - Senate Districts A/B: Sitka, Ketchikan, Wrangell, and Petersburg [] Director District 2 - Senate Districts C: Juneau [] Director District 3 - Senate District D: Kenai -Cook Inlet y _ Director District 4 - Senate District E: South Anchorage, Nikiski, and Matanuska-Susitna ,q Director District 5 - Senate Districts F/G/H/Is j [J Director District 6 - Senate Districts J/K: (J Director District 7 - Senate District L: 4 [J Director District 8 - Senate District M: [J Director District 9 - Senate District N: Anchorage Interior Highway and Fairbanks North Slope, Kotzebue, and Norton Sound Interior Rivers and Lower Kuskokwim Bristol Bay, Aleutians, and Kodiak nominates for: (name) i [J At - Large Director In nominating the individual above, both the individual and the governing body of the municipality understand and accept the time and financial commitment to actively participate as a member of the AML Board of i Directors. Signed: Title: Date: 1 ( over) i f i s �1 _ � �S• Njjw� ��v Biographical Information - Nominees Name Mailing Address City State Zip Telephone (homa) (office) ' • `1 Elected Position tt Municipality --" - - Terms Expires i - Relevant Experience (e.g., years in elected office, elected positions, profession, area of expertise and/or interests in local government, community involvement, etc.) . •Jj I Past involvement in AML (e.g., Board, Legislative or other Committees) I �t Please return completed nomination form by February 16, 1987 to: George Carte', President i -- -- - Alaska Municipal League =-- 105 Municipal Way, Suite 301 Juneau, Alaska 99801 ' 1 d I 'i G� R t� f '1 ' to -iNF-Y)-6 KINA1 PINIENULA CANNE Promoting the Kenai Peninsula and its Communities BETTY GLICK, Acting Chairman yy yyy y 1 yy 1 y may, yn �Z�yri2�\yyyyy * AGENDA * KENAI PENINSULA CAUCUS MEETING * 1:00 P.M. Saturday, January 31, 1987 "0/ * Assembly Room, K.Y. Borough Administration BI :99q�Z 148 N. Binkley, Soldotna, Alaska * * VI. VII. L CALL TO ORDER (E ROLL CALL I I MINUTES OF KENAI PENINSULA CAUCUS MEETING JAN. 17, 1987 APPROVAL OF AGENDA I STATE FUNDING - REVENUE SOURCES A. School Funding - Dr. Fred Pomeroy, Superintendent t Kenai Peninsula Borough School District B. Debt Service Funds - Larry Semmens, Treasurer Kenai Peninsula Borough C. Municipal Assistance/Revenue Sharing - William J. Brighton, City Manager - Kenai OLD BUSINESS A. Resolution 87-2 - Bradley Lake/Intertie Projects 1. Working Draft 2. Option 1 Submitted By Mitch Robinson 3. Option 2 Submitted By Betty Glick B. Resolution 87-3 - Yukon Pacific/Nikiski Terminus For Proposed Gas Pipeline NEW BUSINESS A. Resolution 87-4 - Supporting ANWR B. Resolution 87-5 - Supporting Continued Funding - Frontier Training Center j C. Other PUBLIC COMMENTS NEXT MEETING - Date, Time, Place f ADJOURNMENT i I KENAI PENINSULA CAUCUS WORKING DRAFT RESOLUTION BRADLEY LAKE HYDROELECTRIC PROJECT AND THE PROPOSED RAILBELT AREA ELECTRICAL TRANSMISSION INTERTIES. WHEREAS, the Kenai Peninsula Caucus requests the Legislature to provide the full $218 million of funding for Bradley Lake, and that no construction delays occur; and WHEREAS, we support using the R.ailbelt Energy Fund for Ra.ilbeit Energy Projects with the emphasis on transmission interties between tine Kenai Peninsula, Anchorage, and Fairbanks; and WHEREAS, a plan should be considered ;hereby the Railbelt Energy Funds spent for transmission interties, the Bradley Lake Hydroelectric Project, and other energy projects can eventually be recovered to enable future Railbt�?t energy project development. Affordability to the ratepayers is the key to any capital recovery plan; and WHEREAS, as a means of meeting the Railbelt's future energy needs, development of coal and natural gas based generation, conservation, and hydro power should be considered; C » I I KENAI PENINSULA CAUCUS RESOLUTION 87-2 !Introduced by 1.*&h Robinson, ,coldotna City Council) A RESOLUTION CONCERNING THE BRADLEY LAKE HYDROELECTRIC PROJECT AN1L THE PROPOSED RAILBELT AREA ELECTPICAL TRANSMISSION INTERTIES WHEREAS, the Alaska State Legislature has, in past years, appropriated monies that now total $282 million to the Railbelt Energy Fund for the generation and distribution of electrical power throughout the Railbelt; and, 1WHEREAS, the Legislature has also appropriated $168 million to the Bradley Lake Hydroelectric Project, of which $50 million has been ,irnpounded" due to the State's declining oil revenues; and, WHEREAS, the Bradley Lake Project is currently about $100 miilion short of promised cash grant appropriations from the State of Alaska; and, be WHEREAS, it is reported that na a $ 0 mill homer Eon tric in connectionnw h11 the required to borrow an add Bradley Lake Project to construct an an electrical transmission line between Homer and Soldotna; and, WHEREAS, some of this area's largest electrical customers, representing more than 25 percent of Homer Electric's revenues, are considering plans to generate their own power in reaction to recent rate increases; and, WHEREAS, an agreement in principle has been reached by all seven Railbelt utilities, which collectively serve more than 75 percent of the State's population, to support a regional power development program, which would require $218 million of grant funding for Bradley Lake and to use the Railbelt Energy Fund for construction of transmission interties between the Kenai Peninsula, Anchorage and Fairbanks; and, WHEREAS, there are important public policy questions whether Homer Electric Association's ratepayers can afford more debt and higher electric rates and whether the remaining $100 million needed for Bradley Lake can be financed in cash from the State's General Fund; and, WHEREAS, there is now both an excess of electrical generation capacity in all areas and a need for lower priced power in some areas of the Railbelt; and, WHEREAS, upgraded transmission intertie systems would enable each utility within the Railbelt to share electrical power and, thereby, avoid duplication of capital investment for power generation- and, 41 Resolution 87-2 Kenai Peninsula Caucus WHEREAS, upgraded interties would enable mutually beneficial arrangements between the utilities wheresby Fairbanks area utilitieb could buy less expensive gas generated power from the Kenai and Anchorage areas; and, WHEREAS, upgraded interties would enable natural gas, coal or alternative technology electrical generat.-on projects to be brought on line in increments • less expensive than Bradley Lake as justified by growth in demand; and, WHEREAS, this Railbelt transmission systern has broad support among labor and government leaders, Clambers of Comm arce, the Alaska coal industry, and others; and, WHEREAS, funding of the Bradley Lake Dam Project is at a critical juncture; and, WHEn---AS, it has become obvious that the upgraded intertie systems are more im-ortant to the well being of the Railbelt's electrical consumers than. the costs and risks incidental to continued construction at Bradley Lake pursuant to the current financing plan; now, therefore, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE KENAI PENI14SULA CAUCUS: Section —1: We support using the Railbelt Energy Fund for financing electrical transmission interties between the Kenai Peninsula, Anchorage and Fairbanks. In addition to the lines which have been proposed by the area utilities, we believe the transmission line between Soldotna and Homer should also qualify for funding from the Railbelt Energy Fund. Section I. We believe the final power sales agreements for Bradley Lake should be equal in form to the agreements made for the Four Dam Pool so that the early year cost of the hydro power will be equal or lower than alternative means of electrical generation. The present financing plan for borrowing up to an additional $175 million for construction is projected to make the hydro power more expensive than gas in the early years and requires substantially more risks to the area's ratepayers in the event of an earthquake or tsunami. 2 "'t Resolution 87-2 Kenai Peninsula caucus Section 3. if it is perceived necessary to offer a "take or pay, come hell or. high water pledge" as security for the APA's Revenue Bonds, we believe the question of continued stage funding for Bradley Lake should be contingent upon a favorable Railbelt-wide referendum of the area's ratepayers, just as the State or any Municipality would be required to seek voter ratification for its Gereral Obligation Bonds. Section 4. We encourage decision makers to look more closely at the costs f y and benefits of alternative maans of electrical generation. We should not disregard the economic impacts of jobs associated with the present use and future development of gas, coal and alternative generation resources. ADOPTED this day of , 1987 at a meeting of the Board of ^. Directors held in Alaska. ` , a Betty Glick, President ATTEST: �(' 4 Mitch Robinson, Secretary f rLC �J Y V ' 2 • I ii i i 3 .. L J - . Fr KENAI PENINSULA CAUCUS' RESOLUTION 87-2 IN SUPPORT OF THE CONSTRUCTION OF THE BRADLEY LAKE HYDROELECTRIC PROJECT. WHEREAS, a reasonable and reliable supply of electricity is a major consideration in promoting economic development on the Kenai Peninsula; and WHEREAS, studies commissioned by the State of Alaska to determine the best source of electrical generation show hydro- electric generation to be the most feasible if properly financed; and W-HEIZAS, studies have shown the benefits of Bradley Lake to be: (1) Reasonable cost power if properly financed; (2) A reliable and stable source of power on the Kenai Peninsula; (3) i An environmentally clean project; (4) A source of generation that �s virtually inflation-prjouf once it is constructed; (3) .-A i source of generation that does not use nonrenewable resources; and WHEREAS, Bradley Lake Hydroelectric Project has been autho- rized as a State funded and constructed project; and WHEREAS, the Kenai Peninsula Borough's Resource Development Commission and the Borough Assembly support the financing and construction of the Bradley Lake Hydroelectric Project by the State of Alaska; and WHEREAS, the processing of the Federal Energy Regulatory Commission license application has been completed and the project has actually begun; NOW THEREFORE, BE IT RESOLVED BY THE KENAI PENINSULA CAUCUS: Section 1. That the Caucus supports the continued construction of the Bradley Lake Hydroelectric Project, and specifically, encourages the following: 1. The Alaska Power Authority should complete work on the project; 2. The State Legislature should appropriate the funds needed by the Alaska Power Authority for this project; i Kenai Peninsula Caucus Resolution 87-2 Paee 1 of 2 Panes j l.� r - 3. The state of Alaska should continue to develop long 1 range plans of financing for hydroelectric projects that will allow these projects to produce power at a reasonable cost. Section 1. That copies of this resolution be distributed to „ Governor Sceve Cowper to State Senators Paul Fischer, Jalmar Kerttula, Mike Syzmanski and .Johne Binkley and to House Representatives "like Navarre, C. E. "Swack" Swackhaammer, Bette � z Cato, Jim Zawlcki and Kay Wallis. Section 3. Thac this resolution takes effect immediately upon itsadoption. ADOPTED BY THE KENAI PENINSULA CAUCUS ON TRIS 31ST DAY OF JANUARY, 1987. t Betty J. Glick, -president 4t I ATTEST: I i Mitchel Robinson, Secretary ! i } L Kenai Peninsula Caucus f Resolution 87-2 l.� KENAI PENINSULA CAUCUS RESOLUTION 87-3 REQUESTING YUKON PACIFIC TO COP?SIDER NIKISKI AS A TERMINUS FOR THE PROPOSED CAS PIPELINE. WHEREAS, the local economy of t::e locatio. of the terminus for the proposed gE.s pipeline will be greatly stimulated by such location; and WHEREAS. the Nikiski area is an advantageous location for the pipeline terminus because of existing oil and gas industry development and support services: NOW THEREFORE, BE IT RESOLVED BY THE KENAI PENINSULA CAUCUS Section 1. That the Caucus of the Kenai Peninsula Borcugh requests that Yukon Pacific consider locating the terminus of the proposed gas pipeline in Nikiski. Section 2. That copies of this resolution be sent to the Borough Resource Development Commission, the State of Alaska, Department of Economic Development, officials of Yukon Pacific, Senators Ted Stevens and Frank Murkowski, Governor Steve Cowper. Section 3. That this resolution takes effect immediately upon its adoption. ADOPTED BY THE KENAI PENINSULA CAUCUS ON THIS 31ST DAY OF JANUARY, 1987. ATTEST: MitchelRobinson, Secretary Betty J. Glick, President A .J ic-.' L 1 KENAI PENINSULA CAUCUS .= - RESOLUTION 87-4 URGZt"G CONGRESS TO OPEN THE ARCi1C NATIONAL WILDLIFE REFUCE TO ti OIL AND GAS EXPLORATION AND DEVELOPMENT. � - WHEREAS, Alaska's Arctic National Wildlife Refuge includes i L more than 19 million acres of land, amounting to approximately five percent of the entire state landmass; and _-- -] WHEREAS, the Coastal Plain is approximately eight percent of the refuge and is — considered to be highiv prospective for the discovery of large quantities of oil and gas; and -- - WHEREAS, Congress :as reserved the discretion to decide if the 1.5 million acres will be opened to further exploration, development and production; and .; : WHEREAS, the petroleum industry has cnnsistently demonstrated its ability to operate in conditions similar to those found on the Coastal Plain in a safe, responsible manner I without significant adverse environmental impacts; and - WHEREAS, the United States must develop additional domestic petroleum resources if it is to preclude overwhelming dependence _- on foreign petroleum sources in the 21st century; and WHEREAS, the value and development potential of state-owned tidelands and federally -owned OCS lands offshore of the ANWR Coastal Plain would be enhanced by a congressional decision to open the Coastal Plain to further exploration, development and production; and WHEREAS, facilities developed to transport petroleum re- sources on the Coastal Plain to the Trans -Alaska Pipeline may allow marginal discoveries between ANWR the Coastal Plain and Prudhoe Bay to be developed; and WHEREAS, national energy security depends on the development of domestic oil and gas resources to replace depleted U.S. ` ` reserves; and WHEREAS, the State of Alaska stands to derive revenues including portions of bonuses, royalties and rents from oil and gas development on the ANWR Coastal Plain; and --- --- WHEREAS, opening the ANWR Coastal Plain to further explora- tion, development and production will generate increased employment and business opportunities for all Alaskans and Americans; Kenai Peninsula Cau^us Resolution 87-4 Paee I of 2 Paees LJ i i L l4; t L I F� R — fr F. i r— NOW THEREFORE, BE IT RESOLVED BY THE KENAI PENINSULA CAUCUS:~! Section 1. That the Kenai Peninsula Caucus strongly urges the Congress of the United States to open the ANWR Coastal Plain to environmentally responsible oil and gas exploration, development and production. Section 2. That copies of this resolution be sent to Donald P. Hone , U.S. Secretary of the Interior; to Governor Cowper; U.S. Senators Frank Murkowski and Ted Scevens; and to �.:.S. Representative Don Young. ADOPTED BY THZ KENAI PENINSULA CAUCUS ON THIS 31ST DAY OF JANUARY 1987. ATTEST: MitchelRobinson, Secretary Betty J. Glick, resident Kenai Peninsula Caucus Resolution,87-4 r r" i } KENAI PENINSULA CAUCUS �. RESOLUTION 67-5 SUPPORTING CONTINUED FUNDING OF THE SHELTERED WORKSHOP FACILITY FOR THE HANDICAPPED WHEREAS, the Kenai Peninsula Borough has approximately 1200 students enrolled in Special Services Programs, 60 of which are in the high schools, and the State of Alaska, Division of Vocational Rehabilitation has approximately 190 disabled clients who could use this service; and 4JHr.REAS. the State of Alaska has expended hundreds of thousands of dollars for education of our handicapped through the � - - high school stage; and WHEREAS, the facilities located in the Kenai Peninsula Borough, at this time, would continue to provide for and meet the needs of the handicapper after they no longer can participate in "- the school system; and WHEREAS, the vast majority of our handicapped are capable j of becoming employable, productive members of our society, and therefore are not a continued financial burden; and WHEREAS, by becoming an employed, productive members of , t society, their feelings of self worth and esteem are greatly increased; and WHEREAS, existing facilities in the state have long waiting Lists and since it is always in the best interest of the handicapped and their families to remain in the same general area for mutual support; and i WHEREAS, there is a sufficient need for the continuation of the sheltered workshop; 3, NOW THEREFORE, BE IT RESOLVED BY THE KENAI PENINSULA CAUCUS: % Section 1. That the Kenai Peninsula Caucus supports the continue zun ing of the sheltered worship in the Kenai Peninsula and the legislative request for funding. Kenai Peninsula Caucus Resolution 87-5 r D-enn 1 nF 9 Denne i t Section 2. That upon adoption of the resolution copies be sent - to Fischer, Kertulla and Syzap.nski and r Representatives Navarre, Swackhammer and Zawacki. ADOPTED BY THE MEMBERS OF THE KENAI PENINSULA CAUCUS THIS - 31ST DAY OF JANUPRY , 1987. r 1 Mitchell Robinson, Secretary Petty J. Glick, President 1 Kenai Peninsula Caucus Resolution 87-5 Li i P. -; i 1 . i i Al PG — 7 CITY OF KENAI - Del 210 FIOALOO KENAI, ALASKA 00811 TELEPHONE 283. UM CITY OF "KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITIEES AND COMMISSIONS NAME 14 ' Resident of City of Kenai? How long?q2,�,a Mailing Address CIA Tel. 22/- S'eX2- Bus. Address,/Aot Tel. S?3 9�on Presently employed by ,.�/F Job Title(:24.,..rIrdmil / 1SaArrir1Rjj �L�✓t�/l Name of Spouse �rn,�,' S�//�,_s_f�..� x Current membership in organizations: Past organizational membership: 0 CITY OF KENAI 20 FIDAL010 KENAI. ALASKA SMI TELEPHONE 293.7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME Frank Stevison Resident of City of Kenai? Yes How long? 7 yrs. Mailing Address_ 610 Maple Drive Tel. 283-4895 Bus. Address�100 Trading Bay Drive, 05 Tel. 283-3150 Presently employed by SGS Control Services, Inc. Job Title Area Manager Alaska Operations Name of Spouse N/A Current membership in organizations: Kenai Chamber of Commerce, Chamber Committee for Annual Air Show, USAF Reserve, and ASTM Past organizational membership: As above Committees interested in: Please see addendum attached. r January 16, 1987 Personal data for Frank Stevison as related to aviation. Commissioned officer USAF. Date - May 17, 1966 Period of active duty - February 1966 through May 1971. Present grade - Air Force Reserves Major (0-4) Clearance held - top secret. Present clearance - secret. Specific ratings/training: Senior pilot USAF pilot training graduate - June 1967 One tour - pcs tour of duty SE Asia (Vietnam) Decorations: Distinguished Flying Cross Air Medal - w/2 oak leaf clusters Aircraft types operated: Cessna T-37 Northrup T-38 Boing B-52 Lockhead T-33 Cessna L-19 Lockhead C-130 Piper PA-16 14 A r.. J ., , 1 CITY OF KENAI 4"" 410 F1ML;;gAMj M M11 :' .. • 'i'j J 1 N J CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME �'iT/1�s .3rrvno.,•rS - Resident of City of Kenai? '/ts How long? �'2 y's• Mailing Address �J as✓t i3S /ci,fn� Tel. ��'� �13 Bus. Address k'ic<?� r�.., �'yf �,��/�/^� Tel. Z<i ..5�.?• Presently employed by '�'•r• t�'rrrr':�/� c"•..+•nun, l� C.i/r�.�. Job TitleCirtc��.- Name of Spouse2- Current membership in organizations: / !t'ri?L.. L/dAf '% 'r t /nix;sil, S (�//!e•� /LtP!/i�: !�e%: Sa'. J Past organizational membership: / .�i•(/✓I7r!( �rr:.ae/•e+�✓.� /.•�SSJr 1 -- �:,.•.rn.�!/s ^1 ri%:..r•e.�i.�n L1Ts�G f') Committees interested in: e?r�-f'.1.T e✓.ar�riss:.�.� �n�•�ks i'�ri li z`i�� l��G'f�ar�'% Signature L W n- r- =A/r-O - /0 -ro .00 40 (. yVL-kf, L C,y N: V1 TVAPHONES 103 MUNCPAL WAY. SUITE 301 (907) 58B 1335 ARGA14 ALASKA 99001 Januasy 23, 1987 .�' v '<� i Legislative Bulletin • 15-1 LE 1SLA►TlVE BuUEAN U`� Dear Nomuras This is the first of the weekly Bulletins which will be sailed every Friday during the Session. The "Lagislative Bulletins" are produced as a service of the AML for its membership. The Bulletins are designed to keep our membership informed on legislative issues and events both in Juneau and in Washington, D.C. so that municipal officials will assist the AML Board, Legislative Committee, staff and your fellow officials represent the needs and concerns of local governments. The staff will limit +the Bulletin to reviews of bills and actions which directly affect the League and its members based on, in rank order, AML Board priorities, the AML Policy Statement, and, finally, general municipal impact. The Bulletins are sent to municipal and Associate members, only. As with most AML publications, the request - ad number of copies are cant to a designated individual for internal distribution. Since this is the only way we bow of giving you our candid opinion on legislative issues, we would appreciate your treating than material accordingly. The information is intended to be timely; therefore, we hope you will read the infor- mation thoroughly and quickly, and follow-up accordingly.- Please respond immediately to requests for action and information. Remember personal and frequent contact with your legislators and, especially, key committee sabers is the most effective; public opinion massages, less so; and resolutions, the least. Please sand the AML staff copies of written communications you have with the administration or legislators on AML Issues. i Forgets The "Legislative Bulletin" announces bills, committee meetings/hearings, committee and floor action. A bill is briefly described when it is first carried in the Bulletin after introduction. in subsequent Bulletins, the bill is referred to by short title only. Please keep past bulletins for reference. An index will be sent out periodically. When the Legislature is in Session, the "Legislative Bulletin" is the major AML communication mechanism. The AML Newsletter and special Bulletins will only be published on a "time available" or "as needed" basis. General AML information such as meetings, position vacancies etc. will be included in the Bulletin during the session. MMaCIPAL MEETINGS Southeast Conference, January 28th, Juneau AML Legislative Committee, January 28-29th, Barsoof Hotel, Juneau AML Board Insurance Sub -Committee, January 29th, Baranof• Hotel, Juneau AML Board of Directors, January 29-30th, Baranof Hotel, Juneau AML/Alaska Conference of Mayors Legislative Reception, January 29th, The Penthouse, Juneau National League of Cities' Congressional -City Conference, February 28th - March 3rd, Washington Hilton, Washington, D.C. pt T. i s , a. Legislative Bulletin #15-1 . Z . IOR7 4 NXICIPAL MUGS (Continued) National Association of Couatfes' Legislative Conference, March 14-17tb, Washington Hilton, Washington# A.C. Alaska SmUtpal-Clerk's.-Institute, Much 23 - 27th, gbeffield House, Anchorage Alaska Municipal Management Association Winter Meeting, March 30th - 31st, Juneau J08 VACANCY- City Manager. The City of Valdes, With a population of 3.600 is seeking a City Manager. Staff approximately 85. Budget - $30,000,000. position begins no later than April 20. Appointed by 7-member council. BA in public or Business Administration or comparable experience preferred. Previous experience as City Manager or . Assistant City Manager preferred. Must have indepth understanding of sunicipal fluncing tecbaiques. Salary DOB. Applications accepted until February 20. Send resums to City Manager's Office, P.O. Box 307, Valdes, At 99686. For further information, call (907) 835-4313. I= BUM IN 198 HOUSE BB 1 - Consolidation. of REAA'ss Introduced by Larson and Menard, the bill Would require RRAA'e to have at least 750 elementary and secondary Within its boundaries. Referred to BESS and Finance. RB 15 - Tax credits in enterprise sones: Introduced by Martin, the bill Would set up enterprise zones under AS 43. Tax credits would be given to business established or expanded in areas of low growth, employment or ' Income designated by a snmicipality, and approved by DOL. Referred to L61C, CRA and Finance. f HS 20 - State Sales Tax: Introduced by Larson and Menard, the bill would establish a 31 state sales tax. Municipalities *Weh impose an equivalent property and sales tax are exempt. Referred to CRA and Finance. 08 21 - State aid for education: Introduced by Larson and Menard, the bill sakes revisions to the school (!� foundation formula dealing With computations of instructional units and refunds of overpayments. Referred to(� aW and Finance. l HD 28 - Municipal penalties for prostitution: Introduced by Donley and Gruenberg, the bill would allow a samicipality to prescribe a minimum sentence of up to 90 days imprisonment and a fine not to exceed $1,000. Referred to State Affairs and Finance. HB 32 - Alaska Racing Commission: Introduced by Larson and Menard, the bill would establish the Alaska j Racing Commission and authorize parlmutual wagering at sanctioned events. Ra' could not be sanctioned i within a municipality unless approved by referendum. State Affairs and Finance. i EB 37 - Municipal property tax procedures: Introduced by Taylor and Gruenbesg, the bill shifts the burden of proof free the appellant to the assessor. This was attempted last year, and bad significant support. Referred to CPA and Finance. HB 59 - Litter program: Introduced by Davis and Roponen, the bill would extend the litter program beyond July 1987 with authorization to perform coordinating functions, replacing "shall" with "may". Referred to A Resources, Judiciary and Finance. 74 RB 62 -Establishing the Alaska Marine Highway Authority: Introduced on 1/22/87 by Cato, the Dili would see up an independent authority in DOT/PF to manage and operate the ferry system. Referred to Transportation and 1 Finance. RB 65 - Dissolution of a municipality: Introduced on. 1/22/87 by Roffman, the bill would add "approved in an ;1 advisory election —by the municipality..." as criterion for allowing the dissolution of a nimicipality. Referred to CPA and Judiciary. HB 67 - Definition for Rural Housing Program: Introduced on 1/22/87 by Hoffman, the bill would change the size requirement fora "community" from 4500 to 5500 in the definition of "rural". Referred to CRA and i i Judiciary. i I ' Legislative 6ALetin #1.5-1 - 3 - January 231, 1987 IBiti BILLS 10 ME HOUBB (coat.) i 1 i (7i = 3 - Tax approvals Introduced by Martin, Furnace and Barnes, the resolution would call for a constitutional amendment to beplaced before the voters requiring a vote before the imposition of a state income, property or sales tax. Refereed to State Affairs, Judiciary and MUM !BW BILLS IN = SENATE SB g - D"41ina for funding education: Introduced on 1/19/87 by Abood ad Szymanski, the bill would require the legislature to approve a budget for education funds by March 16 for the nest fiscal year. It would also extend the date a school board must present its budget to the assembly from April let until the 15th. Referred to HBSS and Finance. i 88 S • Establishing procedures to follow when appropriations exceed revenues. Introduced 1/19/87 by Coghill, the bill would Ly out procedures that the governor must follow when appropriations exceed revenues. It would allow the governor to vithhold money from state agencies by executive order but not for capital projects or ores through monies. In addition, if the appropriations exceed revamies by 90%, the governor Nut inform the legislature so that it can decide if it wants to call itself into special session. Referred to State Affairs and FLUA0. SB 34 - School construction debt retirement: Introduced on 1/19/87 by Fischer and Karttula, the bill would end the 80% raimburseaent program for all projects not approved by the voters by July 1, 1987. Referred to I18S8 N; and Finance. � 8B 40 - Binding arbitration for teachers: Introduced on 1/19/87 by Duncan, Zhatoff, Josephson, Kerttula and ; ctive bargaining and binding arbitration for all school district Szymanski, the Dill would provide for collef Is a priority of the AML Board of Directors. Referred to SA, employees. Opposition to binding arbitration i HESS, UC and Finance. SB 42 - Early retirement program: Introduced 1/19/87 by Duncan, Halford. Szymanski and Karttula, the bill would extend the early retirement program for state and local employees for another year. Referred to SA, s UC and Finance. i ? 8SSB 45 - State support for education: Introduced 1/20/87 by Kerttula and Fischer, the bill revises the foundation formula to calculate state funding based on basic need minus an amount in excess of S100,000 generated by a five mill levy; or 100% of FL 82. monies. Basic need is calculated based on salaries and k and benefits and ADM plus adjustments for area differentials, non -salary costs, special education, r; extraordinary costs and food service. Referred to HESS and Finance. SB So • Dissolution of an municipality: Introduced by Binkley, the bill is identical to HB 65 (aee above). Referred t+s, SA, L6C, and Finance. 88 52 - Rural housing program: Introduced 1/19/87 by Binkley, the bill is identical to BB 67 (see above). Referred to CRA, Judiciary and Finance. 8B 63 Alaska Racing Commission: Introduced 1/19/87 by Szymanski, We bill is identical to BB 32 (see k above). Referred to SA, BEES, L&C and Finance. SB 72 • Salaries exceeding governor's salary: Introduced 1/20/87 by Fischer, the bill prohibit state and local employees salaries from exceeding that of the governor. Referred to SA and Finance. SB 77 - Municipal property tax procedures: Introduced 1/21/87 by Jones, the bill is identical to BB 37. ' Referred to CRA and Judiciary. i i i 7 I —1 - , I e r r Legislative Bulletin #23-1 - 4 - January 29, 1987 j HEMMS 3100 p.m. Court Bldg. 603CM 5}, Bb 37 - Municipal property tax procedures Wednesday, Jan. 28 �.. �g SOO a s Capitol lob DOE Presentation ca Foundation formula Tuesday, Feb. 3 4: DO8 introduction Wednesday, Feb. 4. t sBaATe BBART�IGS 1:30 p.m. Beltz 205 88 Y 42 -Sari retirement Wednesday, Jan. 28 � SB 72 • Salaries for certain employees STATE OF THE STATE AND BMGET MBSSbt:B HIGBI.IGBTS Below are a few highlights contained in Governor Casper', first speeches to the 15th Legislature dealing with general local government. State of the State o will introduce legislation establishing a school foundation foravla. o create new forms of government that are appropriate to rural Alaska... democratically managed an consistent with the Alaska Constitution. Budget Ke„ ssase o deficit of $875 million o repeal all prior capital appropriations other than those which have gone to bid... authorize only the ones which an absolutely necessary. o submitting a general fund budget of $1.88 biilion...a 27% reduction from level authorized by Legislature last year. o homeowner's property tax exemption and renter's equivalency rebate were not funded and necessitate a repeal. o municipal assistance and revenue sharing reduced by 20% with further reductions in the future. o school debt reimbursement reduced from 80% to 70%. o power cost equalization limited to residential custcers. o major reductions in road and airport maintenance, including the elimination of state -funded maintenance and snow removal on roads which were , prior to the oil money, the responsibility of cities, boroughs or service districts. o capital expenditures of $350 million, $SS million from the general fund, o state income tax, producing $250 million annually. o utilize $ISO million from the earnings of the Permanent Fund per year. o forward fund school foundation and municipal assistance and revenue sharing through PY 89. AMi. STAFF CHANGES AxL programs !tanager Tim Smith has resigned from the AHL to pursue a career as a contract lobbyist. Bi position will be filled in the near future. Best wishes to Tim from all of us who enjoyed working with him. Carol MacKinnon has been hired as a part-time secretary. Say hello to Carol when you call. L J 'AM (PATM APBStTATM ADAHS, Albert P- (0) BARN88, Rasona (R) SOUCRBR, S.A. 'Red' (0) BOYEA,. Mark (D) BROWN, Kay (D) CATO, Bette (D) COLLINS, Visginia M. (R) COTTER, Sao (0) 0kvIDSON, Clii9 (D) DAVZB, Ulke (D) } DONLBY, Dave (D) BLt.Ie, Johnny (D) FRANK, stave (R) r. FuRNACB, Walt (R) >: GOLL, Peter (D) GRUEIi8E1W, Max F-, Jr- (0) GRUSSZMXW, Ben (D) HANLEY, Alyce A. (R) HEINUM, Adelhsid (0) ROFFMAN, Lyaa� F (D) HUDSON, Bill (R) KOPONEN, Nino E. (D) LARSON, Ronald L. 'Ron' (D) MARTIN, Terry (R) MENARD, Curt (R) MILLER, Mike (R) NAVARRE, Mike (D) -PEUCE, Drus (R) ETTmJOHN, Fritz (R) z -AILLIPS&, Randy (R) POURCHOT, Pat (D) RIEGER, Steven (R) SHmTZ, Richard 'Dick' (R) SPRINGER, Heinrich (D) SUND, John L. (D) r SWAB, C.E. (D) TAYLOR, Robin L. (R) ULMER, Fran (0) WALLIS, FAY (D) ZAWACB3, Jim (R) ASOOD, Mitchell a., Jr. (R BENNETT, Don (R) :i Bnam, John* (R) COGHILL, John B. 'Jack' (R #(1 nuNGN, Jim (D) { ELIASON, Richard I. 'Dick' I FAHRENKAMP, Bettye M- (0) FAINGs Jon (R) .Ji ?IS CEISR, Paul A. (R) } HALFORD, Rick (R) { HENBLEY, Willi* (D) ,} JONES, Lloyd (R) JOSEPHSON, Joe (0) BELLY, Tim (R) RBRTTULA, Jalmar M. 'Say' >� RoDEY, Patrick M. (D) rURGULBWSKI, Arline (R) 912 MANSKI, Mike (D) UMMUG, Rick (R) ZHAROFF, Fred F. (D) (R) (0) ALASKA STATE LEGISLATURE 1aT�c - LEGISLA!1RiR8 • EOIISE OF REPltESBNTATIVEB P.O. Sox 333, Kotzebue, At 99752 42 j P.O. Box 3382, Anchorage, AE 99504 14-A P.O. Box 122038, Anchorage, AN 99SU 10-A Logo Lakeview, Fairbanks► AN 99701 20-8 { P.O. Box 20-2061, Anchorage, Al 99520 12-4 i P.O. Box 775, Valdes, AR 99696 6 !i 2600 Denali, Suite 501, Anchorage, AN 99503 10-8 P.O. Box 296, Eagle River, AN 99577 15-A P.O.-Box 746, Kodiak, AN 99615 27 P.O. Box 81435, Fairbanks, AN 99708 19 1303 W. 43rd Avenue, Anchorage, A8 99503 11-A 1340 E. eth Avenue, Anchorage, AN 99501 12-8 1125 Sunset Drive, Fairbanks, AR 99701 20-A P.O. Sox 1342, Anchorage, AN 99510 14-8 i P.O. Sox $81, Haines, AN 99827 2 914 Clay Court, Anchorage, AN 99503 11-8 P.O. Box 928, Sitka, AN 99835 3 4007 Brentwood Circle, Anchorage, AN 99502 9-8 P.O. Box 63, Naknek, AN 99633 26 ; P.O. Box 763, Bethel, AN 99559 25 ! 3379 Msander Way, Juneau, AS 99801 4 A 710 Chem Ridge, Fairbanks, AN 99701 21 P.O. Box $3, Palmer, AN 99645 16-8 3940 Reks Drive 8-6, Anchorage, AN 99508 13-B 351 W. Swanson Ave. Suite 1, Wasilla, AR 99687 16-A j P.O. Box 35094, North Pole, AN 99703 18 P.O. Box 169, Kenai, AN 99611 5 A i 4150 W. 88th Avenue, Anchorage, AN 99302 9-A j P.O. Box 110912, Anchorage, AN 99511 8 A P.O. Box 142, Eagle River, AN 99577 15-8 P.O. Box 104836, Anchorage, AN 99510 13-A ; P.O. Box 110623, Anchorage, AN 99511 8-8 P.O. Box $11, Tok, AN 99780 17 P.O. Box 352, NOW, AN 99762 23 2504 Second Avenue, Ketahikan, AN 99901 1-8 ; P.O. Box 417, Soldotm, AN 99669 5 P.O. Box 1441, Wrangell, A8 99929 1-A 1700 Anqus Way, Juneau, AS 99801 4-8 P.O. Box 267, Fort Yukon, AN 99740 24 P.O. Box 703, Oirdwood, AN 99587 7 i • SENATE • 3102 Northwood Drive, Anchorage, AN 99503 G-A P.O. Box 2801, Fairbanks, AN 99707 K-A P.O. Box 1065, Bethel, AN 99559 M P.O. Box 268, Neaam, AN 99760 J P.O. Box 020690, Juneau, AN 99802 C P.O. Box 143, Sitka, AN 99835 B 515 7th Ave., Suite 130, Fairbanks, AN 99701 S-8 6060 Yukon Drive, Anchorage, AN 99316 F-8 P.O. Box 784, Soldotna, AN 99669 D P.O. Box 190, Chugiak, AN 99567 Z--A P.O. Box 710, Kotzebue, AN 99732 L 3813 Denali, Ketchi.kan, AN 99901 A 1526 'F' Street, Anchorage, AK 99501 H-A P.O. Box 21-0001, Anchorage, At 99521 I-8 P.O. Box Z, Palmer, AN 99645 EA 2333 Lord Baranot, Anchorage, AN 99503 G-B 2957 Sheldon Jackson, Anchorage, AN 99508 F-A 11920 Johns Road, Anchorage, At 99515 E-8 1526 'N' Street, Anchorage, AN 99501 H-8 P.O. Box 405, Kodiak, AN 99613 N M , r- ZZOISLATM SWOUG. COMNZTTZES ISTS XASK& LEGISLATURE, 1987 P.O. sox V --MWMO A9,99411. f am= Arm= CO?DlQtiITY AND REGIONAL AFFAIRS Sony (Vi Cato (vice-chauzan) nersom, Collins, Sawacki, Aaford, Sharoff, Saymanakit MGM Adams (Ch"&Mn) Bennett (Cc-Chairzan) Pourchot (VLC&­ftaiVMM) Binkley (co -Chairman) xaram, Davis, doll, Wallis@ Fischer, Iffeblins, Duncan, Swackhanner, Brawn, Saywo YZIU*r Zhasotf, Rawley Mager SQGM SERVICES V,h=- Roponen (Co-chaLroan) Fischer (Chairman) Ellis (Co -Chairman) Josephson (Vice-chairman) Gruez*MV, Dokley,.Pbillips. Jones, zerttula, Belford Hanley, Hudson OM12= Sund (Chairman) Iterktula (Chairman) Ulmer (Vice-chairman) Sturgulawski (Vice -Chairman) Cotton, GraeftexV, Navarro* Barnes, Taylor Josephson, Ralford, RodeY LABOR a COMtKERCE COMMERCE Donley (Chairman) sally (chairman) Koponen (vice-chairman) Bliason (Vice-chairman) Boucher, Davidson, Ellis, Furnace Vehling, Fahronkamp, Saymanski Herrmann (Co -Chairman) Coghill (chairman) Cotton (co-chairman) riadh (Vice -Chairman) Sund, Navarro, Davidson, Springer, Jonas, St.ur waki, Duncan, Hoffman, Shultz, Pearce El jr a as Sharoff, 8:n MM Navarro (chairman) Bliason (Chairman) Holtman (Vice-chairman) Hensley (Vice -Chairman) arussendort, Gruenberg, Boucher, Bennett, Faike, Binkley Martin, Pettyjahn STATE AMUA Ulmer (chairman) Abood (Chairman) Hoffman (vice -.Chairman) Uabling (vice-chairman) Boucher, Davidson, Donley, Martin, Monard paiks, Hensley, Josephson ZUUPOIMT= TRANSPORTATION Cato (Chairman) Jones (chairman) Springer (Vice -Chairman) Coghill (Vice-chairman) Boucher, Miller, Hudson Kelly, Abood, Josephson a At AQUA 4127ATC I CM21 AT1100 FIF a crap i vi A�wKJA - Z ................ FIRST SESSION, 1987 HOUSE OF REPRESENTATIVES P.O. Box V.Juneau. AK 99811 (InterdepaMentO Mail Stop: 3100) PHONE NUMBER OFFICE LOCATION ADAMS, Albert P. .................. 4854TOG/37071" ..................... Capitol. ROOM 509 BARNES, Ramon .................... IIWIM/310430 ............................ COC" Room 602 SOUCHN, N.A. 'Red" ollfloW11149MI ............................ Capitol, Room 421 ................. BOYER, mark ........................ 4411154368A348T * ................ T ........... Capitol. Room 817 BROWN, Kay ....................... 4MV4414=1 ........................... Capitol. Room $16 CATO, Bette ......................... 41115-41MI'410 ................. ......... capital. ROOM is COLUNS, Virginia M . ................ 4W2=t2W .......................... . court, ROOM 607 c OTTEN, Sam ...................... 485.3TII/371513709 ...................... capital. Room 110 DAVIDSON, CAiff ..................... 465.248712498 ........................... Capitol. Room 114 OAVIS, M*4 ........................ 4111114=014941/01117 ...... ; ............... Capitol. Room 411 DONLEYDave ....................as-3622t= , ........................... Capitol. Room 13 ELUS, Johnny ...................... 4WV04/3705 ...........................Capitol, Room 128 FRANK, Steve ....................... 4W3?09/38 . ........................... Capitol, Room SW FURNACE, Walter R .................. 465-3137514894 ........................... Court. Room 611 GOLL, peter .............. I ......... 486.492914M,4924 ...................... Capitol. Rom 513 GRUENSERG, Max F.. Jr . ............ 4GS471814908/4286 ...................... Capitol, Room 216 GRUSSENDORP, San ................ 465-Mj3Mj.%2,6j49N/3M ............. Capital. Room 206 HANWY, ASYCO ..................... 485.2888/491414939 ...................... Court.Room M HERRMANN, Adetheid ................ 485.494214943129....................... Capital. Room 108 HOFFMAN, Lyman .................. ...........................Capitol. Root" 112 —HUDSON, gill ....................... 485-3741111491111 ........................... Court. Room 606 KOPIONEK moo ............. ........ "j;.4992 ................................ Capitol. Room 104 LARSON, Ron ...................... 465-37271387814067 ......... Capitol. Room r= MARTIN, Tony ...................... 015-3783,3782 ........................... C101.^ Room W ME W0, Curt...................... 465.2679/494414945 ......................court. ROM ws MILLER. Mkf ...................... 46"97613792 ........................... Capitol. Room 405 NAVARRE. Mike .................... 4M37041376513779 ...................... Capital, Room 204 ., Drug ...................... pEARCII IS19"993intj ........................... at Court. Room 2 pffMJOHN, Fritz .................... 465.4937/493814841I4843148. ............. Capital. Room 24 PHILUPS, Randy .................... 405-49491266112708 ....................... Court, Room 614 pOURCHOT, pal .................... 405.387913712 ........................... Capitol. Room 511 RIEGER, Steve* ...................... 405.29951340412116 ...................... Capitol. Room 409 SHULM Richard .................... 465.4W14951 ........................... Capitol. Room 415 SPRINGER, WnriCh ................. 405-3789/483314984 ...................... Court, Room 601 SUND, John ........................ 46"M/491914M ...................... Capitol. Room 122 SWACKHAMMER, C.E ............... 465 _208914917 ............... ... .... ..Capitol Ro 521 Room TAYLOR, Robin ..................... 485-38731490514 . ...................... Coin Room W ULMER, Fran ....................... 48ri-49471496314N4 ...................... Capitol- Room 102 WALLIS,`F. Kay ..................... 465.V32137= ........................... Capitol. Room 601 ,-A ZAWACKI, Jim ...................... 4MV1912724/2693 ...................... C R m 509 Court. 00 Irene Cashen. CHEF CLERK .......... 465.372513726 ........................... Capitol. Room 214 Andy Mack. SERGEANT -AT -ARMS ..... 465-3869 ............................... mouse Chambers i MOUSE RESEARCH AQWXY,- State Capital. P.O. Box V. Juneau. AK 99811 (Interdepartmental Mail Stop: 3100) Oireator,q off" ................. 465-3991 ............................... Goldstein Bldg.. Room 216 HOUSE RECORDS ................... 465-2214 ............................... Goldstein Bldg.. Room 203 7 ASS rSSi?it:ll a A ralf-YEEWTH ALA4RA * I A I a LZ%MQLA iunc FIRST SESSION. 1987 SENATE P.O. Box V, Juneau, AK 90811 unwdepwtmenw Mal Stop: 3100) NAME PHONE NUMBER OFFICE LOCATION AGGIOD, MitCh011 .................... 411115-4522/471414147 ........................ Capital. Room 423 sameff, Don ..................... 485.371413711913871137153 ... ......... Capitol. Room .518 SINKLEY, John .. .......... , ......... 4"01514737 ............................ Capitol. ROM $16 C06HILL. Jack ..................... 485.47451479714207 ....................... C;apitoi, Room 30 DUNCAN, Jim ....................... 45-47$514767 ................. 0 ......... Capitol. ROM 119. ELIASON, 0 . ....................... 405.491014711137T0 ....................... Capitol. Room 417 F"ENKAW, 609YO ............... 485.3763138341=1 ...................... Capitol- Room 125 PACKS, Jan ......................... 4W3756/46231374013928 .................. Capitol. ROOM 107 FISCHER,Paul ...................... 4654176449013791 ....................... Capitol. ROOM sw HALFORD, Rick ..................... 4654958/445012137 ...................... Capitol. Room 103 "E"14y,1MIlle ..................... 4611-=2149=124 . ...................... Capitol, Room 610 JONES, Lloyd ........................ 46&3743/3745 ........................... Capitol. Room 9 JOSEPHSON, jag ................... 465.46251478114782 ...................... Capitol, A*= 113 KELLY, Tim ........................ ....................... Capital. Room 101 KERTTULA, Jay ..................... 466-37171377113772 ...................... 431 N. Franklin St. RODZY, Pat ......................... AilM."13754 ........................... C0101. Room 15M STURGULEWSKI, Arliss .............. 466.428913I191381181381013797 ............. Capitol. Room 427 SZYMANSKI, Mike ................... 465.497$j4979 ........................... Capitol. Room 11 UEHLING, Rick ...................... 465482I/482214823 ...................... Capitol. Room $14 ZHAROFF, Fred ...................... SM347313474 ........................... Capital. ROM 121 Peggy Mulligan. SENATE SECRETARY . 4611-370113785 ........................... Capitol. Room 213 jwA Gibbons. SERGEANT -AT -ARMS ... 4611-4987 ............................... Senate Chambers LEGISLATIVE AFFAIRS AGENCY: State Capitol, P.O. Sox Y. Juneau, AK 99811 (Interdepartmental Map Stop., 3101) EK*cuUvo Director ................... 465-M ............................... Sommers Building Date prooming .................... 405-2419 ............................... Sommers Building HELPDESK ...................... 4654M ............................... Sommers Budding Adminatrat!" Services ................ 465-M ............................... Sommers Building Building Servhm .................. 465-3708 ............................... Capitol. Room 12 Dow"writs ....................... 465-3737 ............................... Capital, Room 3 Mailroom ......................... 465-3736 ............................... Basement Community Bldg. Prim Shop ........................465.3806 ............................... Basement Community Bldg. Supply ........................... 4611,3863 ............................... 465.38117 Capitol. Room 5 Court Plaza. Sth Floor Legal .Services ...................... ............................... Reference Library ................. 466-3808 ............................... Court Plaza. 6th Floor Infam"don Services ................. 405-4648 ............................... Simpson Bldg.. Room 210 LEGISLATIVE AUDIT.- State Capitol. P.O. Box W. Juneau. AK 99811 (Interdepartment Man Stop: 3300) Legislative Auditor ................... 465.3830 ............................... State Bldg.. 6th Floor LEGISLATIVE FINANCE- State Capital. P.O. Box WF, Juneau. AK 99811 (Intardepartnient Mail Stop. 3200) Director ................ : ........... 485.3795 ............................... State Bldg... ath Floor OMBUDSMAN: P.O. Box WO. Juneau. AK 99811 (Interdepwwwt Mail Stop: 3000) Ombudsman ................... .... 465-4970 ...............................400 Willoughby Center, Room 200 SENATE ADVISORY COUNCIL: State Capital, P.O. Box V. Juneau. AK 99811 (Interdepartment Mail Stop: 3100) Senior Advisor ....................... 465.3114 ............................... Goldstein Bldg.. Room 209 RURAL RESEARCH AGENCY-. State Capitol. P.O. Box V. Juneau. AK 99811 (Interdepartment Mail Stop. 3100) Senior Analyst .......... ... . .. ... 465-2199 ............................... Goldstein Bldg., Room 218 SENATE RECORDS ............... ... 466-2670 ............................... Capitol, Room 7 i r �d WINCE • CORTHELL • BRYSON CONSULTING ENGINEERS IO lox 1041 907.283-4672 KENAI. ALASKA 99611 INFORMATION ITEM it FEBRUARY 4, 1987 INLET WOODS — DOYLE'S CLAIM [dA't'�i Jan. 28, 1987 City of Kenai City �z� ;test. 210 Fidalgo �u Kenai, Alaska 99611 Attention: Keith Kornelis Subject: Inlet Woods Keith, We received the attached letter from Doyle Construction Co. this morning, January 28, 1987, concerning his claim for extra compensation for work done on the subject project. We are in the process of formulating a response to his allegations and would like clarification from the City concerning items 8 and 9. We will be reviewing our documentation of the project and will be awaiting your direction as to proper response to items 8 and 9. We have responded to Mr. Doyle requesting backup documentation concerning items 1 thru 10 and a breakdown of the claim of $115,000.00. If you have any questions, please contact me at your earliest convenience. Very truly yours, WINCE-CORTHELL-BRYSON Mark Blanning Philip W {,yioa I E Alan N Cortholl ► E Fronk W wine* / E L o P nil i.i J Oacyee eamdteuctiom eampavy ROUTE 1- BOX 1225 - KENAI• ALASKA 99611 - (907) 776-8552 January 23, 1987 JAN 1£87 z' wra%&D a� Milt of Y•aaal Wince-Corthell-Bryson;;: MVIS oep t• P.O. Box 1041 _ Kenai, Alaska, 99611 Attention: Casey Madden Dear Mr. Madden: ISO6N � 0 9� Re: Inlet Woods Subdivision The above referenced project is finally complete. The repair to the luminaires has been taken care of by our Subcontractor, City Electric. Our work has been completed by Contract, and the only portion remaining at this time is for us to continue with the proceedings for the 'Extra Work' on this Project and the 'Delays' caused by the Owner. You have received correspondence from our office and acknowledged our right to claim for this extra work and the delays. Our 'Claim' is based on poor co-operation by the Owner to co-ordinate the Utility Companies with the work of Doyle Construction. We attempted to sche- dule our work with the Utility Companies and found ourselves unable to do so, as the Utility Companies had no contract to do any work on this Project on Phase II. Further, to aggrevate the situation, we were unable to follow our Progress Schedule, due to the Utility Companies not adhering to their schedules. We provided the Owner with a 'Progress Schedule' and had informed the Owner of our intent at the Pre -construction Meeting. This Progress Schedule was accepted by the Owner. We are claiming for the Extra Work on Phase I for restoration of the Back Slopes, and for the Delays caused by the Utility Companies in their not being able to complete their work in a 'Timely Manner'. We are claiming for the following: 1. For 'Extra Work' on Phase I for restoration of Back Slopes. 2. For the Utility Companies contaminating our streets causing us to go back in and clean up the Streets. 3. For the Utility Company's destroying our Slope Stakes, and the Owner refusing to replace them. This caused our Company many extra hours and delay. 4. For McLanes intentionally waiting until we had our Subgrade finished, before adding extra services. This was done two different times. 5. For our Company having to clean up after Home Builders and having to replace L Page 1 of 2 Wince-Corthell-Bryson A\OV January 23, 1987 IN, Page 2 of 2 'Service Markers' which they removed and not replace. 6. For the Compaction which the Utility Cb panies were not made to do on their ditches on Phase I. 7. For the Delays caused by the Utility Companies not being able to complete their work in a 'Timely Manner'. • 8. For the Delays caused by the Owner on Phase II, by not attending to the Utility Companies' Contracts to do work on Phase II, as per our request at the Pre -Construction Meeting. The Pre -Construction Meeting was held in the last part of June, 1985. The Owner had neglected to negotiate a Contract with the Utility Company, Enstar Natural Gas, until the first part of October 1985, which was not 'Timely'. This negligant action put Doyle Construction Company in a bad position as we were doing 'Final Preparation' for paving and the Owner had to shut us down. 9. For the Owner failing to apply for power for the Luminaires in a 'Timely Manner'. This action made it impossible for us to test our lights and several lights were damaged by Vandals while awaiting power. The Owner, furthermore, failed to purchase 'Builders Risk Insurance' as per Contract and put the burden to repair these lights on Doyle Construction. This created numerous problems for us in ordering materials and co-ordinating these repairs. 10. For the delays which resulted in extending our Contract with the Owner by numerous days for our crew and by months for our Office Staff. Our problem with the three Utility Companies, Enstar Natural Gas, Homer Electric and Glacier State Telephone Company was not anticipated by our Company. We are claiming for the amount of $115,000.00 for all the Work and the Delays including the Repairs to the Luminaires, Back Slopes, and the Extension of Contract by Owner caused by delays on Phase I and Phase II. We would like a 'Timely Response' to this letter. Thank you. r a. Doyle President PJD:mjd -_..i_ _ � . f -A r WINCE • CORTHELL • BRYSON CONSULTING ENGINEERS P O Sex 1041 907.263-4672 KENAI. ALASKA 99611 Jan 28, 1987 Doyle Construction Co. r-> �► ^ Route 1, Box 1225 A Kenai, Alaska 99611 , wS51 A K� �gl�?•- ; Attention: Pat Doyle Subject: Inlet Woods Pat, We are in receipt of your letter dated January 23, 1987 concerning your claim for extra compensation for work done on the subject project. In order to properly respond to the claim items, we are herewith requesting backup documentation concerning items 1 thru 10 as soon as possible including a breakdown of the claim of $115,000.00. If you have any questions, please contact me at your earliest convenience. Very truly yours, WINCE-CORTHELL-BRYSON �Zts� Mark Blanning Philip W Sly,ow P E L Aloe N Corlhell ► E L �zi-= z .1, r i L W C. I Rev. Ray Tawiainen,'Xftiski X A D. ROLL CALL .1 4r -4 Z. ..VACANCY. DESIGNATION OR SEATING OF A A --f- F.. APPROVAL OF NINUTESi January'20, 198 C. COMKITTEZ REPORTS (A) Finance (Crawford. Carey. O'Con , Vandal. Johnson) - -- i­j: ' (b) Lands/Resources (Skogstad.'John Mullen) (c) Legislative/Policies (Glick.' Ph Crawford) -. - -,;i -, .- - a-vi ' (d) Local Affairs (Moore. -Phillips. Weill) (0) Public Works/Education (McLane. MeGshan. Keene) M Data Processing H.. NOTIONS To RECONSIDER ' I. AGENDA APPROVAL AND CONS Ik" (a) Res. e7-13 "Opposing Recordatio Seafood Copan . y ;T Arizona 1 Crawford. McGSK21 'e, J. ORDINANCE HEARINGS 10 Ord. 87-1-"Altering .. the tou ndar Fire Service, Area" major) (b) Ord. SHO.O reninsull Road Maintenance Serer of Lost Creek Brid� L:lw 10 Ord. 87-3 "Accepting a Grant Fri tor On-t&-Job Traininp.st Nord Service Area"(Mayor) W. 47'- r priating 5100,0 en n su a Road Maintenance S*ry Construction of,Dototh Ras r K. 'INTRODUCTION Of ORDINANCES (A) 6ri.* 6-5 "Disp6'a'ah, of So rro t —na for Water Reservo r- -r N F-D /.3 i -1 1 9 4 F V L. CONSIDFUTION OF "SOLUTIONS "Approving a Contract With David M. Griffith i ;c (a) p a i2 . Cost i &too. Ltd. to Prepare a Central Service Allocation progran for the Kenai Peninsula Borough" (mayor) 67-12 "Approving the Award of a Contract to tor the Construction of lost Ccuk %V090 ick m(Mayor) mt of Yj 0 1 67 1 Appr : oving the Grant o Public eeess tl08. -14 "A Resolution sorough Approved Lands" (Mayor) go 61-15 0"Adoption of the 198 Assembly Manual"tot . islatLv& Data.) 4, p A 4 n M. PENDING LEGISLATION (This item ists legislation which will be addressed at a later holed{ not for action this resting.) fi (a) "Promoting the Furtherance of Local Hire Vroviding Cattain Protections for Subcontractorst ,Reducing Schurl Construction Costst and Providing for -. construction ombudsman" (Nash) POSTPONED INDEFINITELY (b) 0rd.'?86-94 "Istablishirg Penaltie 'for Violation of KPB 4.06.040 Prohibitio-t on Use of Public Monies to Advocate Passage of a Ballot Proposition". (KcGahan),, POSTPONED TO 31171117 :Y0 (c) Ord. "Amending KPB 'I-i2'WProhibit the Disposal or Storage of Hazbv4ous Waste" (Nash) I POSTPONED To 2/17187 (4) Or4. 87-5 maclassif nR Borough Lands, Approving the option to Lease Z= Landing". with c an in tA>- tease. Part Management and Easement Aglsemeata ";HEARI*; 2-17-67 a s (o) Ord. 7-1 Appro riating S2S2S,000 000 4� N VARUM i-17-87 "I'v", — p. FORMAL ntswwxoms WITH nzoR NOTICE um SUBJECTS NOT ON THE MEETING AGENDA O. PUBLIC CrMMENTS AN-1 PUBLIC PRESENTATIOd UPON. MATTERS NOT CONTAINED in THE AS3EMBLY'S, AGENDA., 4! IS P. MAYOR'S (a) new, "tonstruction, Act Q. OTHER USINESS R. ASSXMBLT AND MAYOR'S COMM lo, S. LNFOMTIQ1"7 MATERIALSN A January 20, 1987 T. W_JTICF W NUT NMI AND r�l 0 7 V • :rl KENAI PENINSULA BOROUGH REGULAR ASSEMBLY tram INN JANUARY 6, 1987; 7:30 P.M. ♦r lTmo AtTtt nTN!_ tsuKOUGH ADN-1:w.a.a.. ..... SOLDOTNA, ALASKA - A G E N D A- e No A. CALL TO ORDERB. (V./, PLEDGE OF ALLEGIANCE C. INVOCATION: Peninulacott nGrace�Bretheran Chu �c...s.. 1 D. ROLL CALL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: December 16, 1986 & BOA Mine. 1 G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, O'Connell, Nash, Fandel, Johnson) (b) Lands/Resources (Skogstad, Johnson, McGahan, Mullen) 1 (c) Legislative/Policies (Glick, Phillips, Carey, Crawford) (d) Local Affairs (Moore, Phillips, Fandel, Mullen, Walli) (e) Public Works/Education (McLane, Skogstad, Walli, McGahan, Keene) (f) Data Processing (Johnson) H. MOTIONS TO RECONSIDER (a) Ord. 86-91 "Authorizing Conveyance of Borough 1 nds Located Within Section 17, T7N, Reconsidered atente R11W, S.M., Alaska" (Mayor) MTR CRAWFORD I. AGENDA APPROVAL AND CONSENT AGENDA (a) Appointment of Loretta Breeden to the 2 Central Peninsula Hospital Service Area Board J. ORDINANCE HEARINGS (a) Ord. 86-100(AM) "To Reduce the Assembly Membership 3 opt on of a Districting Plan for This Reduced Enacted pon Membership" (Mullen) As Amend (b) Ord. .12 to Clarify the Form 5 land Resolutions" (Nash) Enacted equirements"ofeOrdinances (c) Ord. oo6-the SewardiUrng n Urban District Land eZoning wTableed Code" (Mayor) Enacted K. INTRODUCTION OF ORDINANCES (a) Ord. 87-1 "Altering the Boundaries Ridgeway/Sterling Hrg 2/3 re ervice Area" (Mayor) (b) Ord. 87-2 "Appropriating $100,000 to the East Kenai 3 Service Area for the Hrg 2/3 en nsu a Road Maintenance Construction of Lost Creek Bridge" (Mayor) L W i I Pa_ ae No 1c) GtdS G!II^r IF­tho State of A188k8 utnn'-LTe-Job Training at North Peninsula Recreation Hrg 2/3 Service Area" (Mayor) (d) Ord. 87-4 "Appropriating $100,000 to the South Kenai for the 3 Hrg 2/3 en nsu a Road Maintenance Service Area Construction of Dorothy Road Bridge" (Mayor) L. CONSIDERATION OF RESOLUTIONS (a) Res. 86-146 "Urging the Alaska Legislature to Amend t e al Taxation Laws to Provide the Same n c 6 Defeated p Assessment from Time of Purchase Until the Property Is Sold" (McGahan) (b) Res. 86-157 "Relinquishing Certain Borough Selected 7 Adopted Lands Located Within Section 17, Township 7 North, Range 11 West, S.M., Alaska" (Mayor) (c) Res. 86-164 "Authorizing the Settlement with Oteco in t e ount of $95,382 for Site Worl. at Kenai Elemen- 7 Adopted tary School" (Mayor) (d) Res. 86-166 "Approving the Naming of the 1985 School 8 Adopted 96_nJ_P_r0Te_Ct and Authorizing the General Contractors on the 1985 School Bond Projects that were Formerly Called Central Peninsula High School. Nik£sk£ High As Amended School, Nik£ski Elementary School, Kenai Elementary School and Hope School to Proceed with Contract Requirements to Order and Install Permanent School Signs" (Mayor) (e) Res. 87-1 "Correcting the Boundaries of the Soldotna Un-5 ll—to Match Correct Topographical Information 9 Failed (Mayor @ Req. Waste Disposal Commission) (f) Res. 87-2 "Approving the Installation of One Add£- t ona onitor£ng Well Down Gradient of the Soldotna 11 Adopted Landfill Site" (Mayor @ Req. Waste Disposal Commission) (R) Res. 87-3 "Declaring Articles of Clothing Belonging to Area as Surplus 3 Adopted the North Peninsula Recreation Service Property and Authorizing the Sale of the Clothing" (Mayor @ Req. N.P.R.S.A.) M. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted; not for action this meeting.) (a) Ord. 86-716 SUBSTITUTE (Mayor) POSTPONED TO 1-20-87 (b) _ra_..-$SB5 (Nash) POSTPONED INDEFINITELY (c) Orrd."86 (McGahan) POSTPONED TO 2117/87 (d) Ord.."UO-LW (Nash) HEAR 1/20/87 REF: WDC (e) Ur-a-796= (Moore) HEAR 1/20/87 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA O. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA P. MAYOR'S REPORT Q. OTHER BUSINESS R. ASSEMBLY AND MAYOR'S C0MMENTS S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT (January 20. 198.) C J L r- VVNAT pRNTNCIR A RnRnttt:;( REGULAR ASSEMBLY MEETING JANUARY 6, 1987; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A G E N D A - A. CALL TO ORDER President Sewall called the meeting to order at approximately 7:30 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION: Scott Franchino, Peninsula Grace Bretheran Church D. ROLL CALL PRESENT: Assemblymembers Nash, Phillips, Walli, Mullen, Crawford, Keene*, McGahan, Carey, Glick, Sewall, O'Connell, Skogstad, McLane and Johnson; Mayor Thompson; Atty. Boedeker, Assessor Thomas, Public Works Engineer Bembard; Deputy Borough Clerk DeLacee EXCUSED: Moore *arrived at approximately 9:15 p.m. E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: December 16. 1986 & BOA Mina. The minutes were approved as amended. G. COMMITTEE REPORTS (on items other than agenda items) (a) Finance (Crawford, Carey. O'Connell, Nash, Fandel, Johnson) (b) Lands/Resources (Skogstad, Johnson, McGahan, Mullen) (c) Legislative/Policies (Glick. Phillips, Carey, Crawford) Chairman Glick advised the committee met jointly with Lands and Public Works Committees on capital projects. She noted members would review the Anchorage municipality's rules in consideration of changing the assembly's rules. (d) Local Affairs (Moore, Phillips, Fandel, Mullen, Walli) (e) Public Works/Education (McLane, Skogstad, Walli, McGahan, Keene) (f) Data Processing (Johnson) H. MOTIONS TO RECONSIDER (a) Ord. 86-91 "Authorizing Conveyance of Borouggh Patent - nds Located Within Section 17, T7N, R11W, S.M.. Alaska" (Mayor) MTR CRAWFORD ASSEMBLYMEMBER CRAWFORD MOVED TO RECONSIDER ORD. 86-91. THE CRAWFORD MOTION TO RECONSIDER ORD. 86-91 PREVAILED ON A VOTE OF 9 YES, 5 NO; Nash, Phillips, Crawford, Glick, Sewall, McGahan, Fandel, McLane and Johnson voting Yes; Walli, Mullen, Carev, O'Connell and Skogstad voting No. -1- h I Kenai Peninsula Borough Regular Assembly Meeting ianuary o, ii87 Assemblymember Crawford said 30 acres of the property were borough selected lands and an additional five (5) acres were patented to the emrouh. it was his in the courts e for fiftling b v y years, the boroughing up the land. could couldich couldselect useable lands that could be utilized in the near future. Assemblymember Nash his concern was the potential impact of the parcel situation on the borough as a whole. He said potentially, in order to straighten out the situation, the borough could be involved in lengthy and costly litigation and would probably lose. ad Assemblymembereild.Mayoor Thom ps asked responded Thompson whpile thereyhavesuits beenno lawsuits. several persons had claimed the parcel. ASSEMBLYMEMBER O'CONNELL PROPOSED AMENDING SECTION 3., "That this ordinance takes effect (immediately] upon such date as the State of - -- - -;.A nf anus pARLI MENTARIAN GLICK ADVISED RECONSIDERATION OF LEGISLATION MERELY BRINGS THE TO THE FLOOR FOR THER DIS. ACTION IS THEESUE SAME ASKIF THE ASSEMBLY WERE INN AA CONTINUING SSIOMEETINNG. THUS ALL AMENDMENTS ADDRESSED AT THE PREVIOUS MEETING, SUCH AS ASSEMBLYMEMBER O'CONNELL'S WHICH WAS DEFEATED AT FIRST SUBMISSION, WERE THEREFORE OUT OF ORDER. PRESIDENT SEWALL RULED THE O'CONNELL AMENDMENT OUT OF ORDER PER THE pARLIAMENTARIAN'S INFORMATION. Assemblymember O'Connell felt Ord. 86-91 failed the first time for good reasons the land was valuable and was rightfully the borough's. He said land was one of the few assets the borough has. He said while he account, in fact h they State hadn't advised the borough they would gany otherive a lands it on t lands anyway. He felt giving away the land would be irresponsible. Assemblymember Nash asked Atty. Boedeker what he would anticipate as the cost of litigation actions in order to obtain sufficient title to the land for lease or sale. Atty. Boedeker said he hadn't analyzed the situation but estimated a minimal cost of $10,000--S15,000 with a m(5)years inimum of ayear atdaachalfoti time expended Sto more typically four (4) 000. Assemblymember O'Connell felt such "thinkin „ sent a dangerous message propertywiththe thought theo individuals who hboroughdwouldn'ti pursued it because on useuo tyf the expense. Atty. Boedeker said the complication in these proceedings was not primarily the expense but the allotment proceedings. Assemblymember Johnson said he knew from experience that title companies were specifically exempting such properties from any title insurance action because of pending claims on a national scale. He stated his support for the ordinance. ORD. 86-91 WAS ENACTED ON A VOTE OF 9 YES, 5 NO; Nash, Phillips, Crawford, Glick. Sewall, McGahan, Fandel. McLane and Johnson voting Yes: Walli. Mullen, Carey, O'Connell and Skogstad voting No. I. AGENDA APPROVAL AND CONSENT AGENDA (a) Appointment of Loretta Breeden to the Central Peninsula Hospital Service Area Board (b) Ord. 87-2 "Appropriating S100,000 to the East Kenai en nsu a Road Maintenance Service Area for the Construction of Lost Creek Bridge" (Mayor) HEARING 2/3/87 Mwa * 'E r-- • Kenai Peninsula Borough Regular Assembly Meeting January 6, 1987 (c) Cad. 6.7-3 "Accc tirg s Grenr xrom the State of Alaska or -t a -Job Training at North Peninsula Recreation Service Area" (Mayor) HEARING 2/3/87 (d) Ord. 87-4 "Appropriating $100.000 to the South Kenai Peninsula Road Maintenance Service Area for the Construction of Dorothy Road Bridge" (Mayor) HEARING 2/3/86 (a) Res. 87-3 "Declaring Articles of Clothing Belonging to the Nortli Peninsula Recreation Service Area as Surplus Property and Authorizing the Sale of the Clothing" (Mayor Q Req. N.P.R.S.A.) Finance Chairman Crawford advised the committee recommended "do introduce" on Ords. 87-2 and 87-3 and "do pass" on Res. 87-3. Assemblymember Nash voiced objection to adding Res. 87-4 as there hadn't been opportunity to confer with constituents. THE MOTION OF 9 YES, 55 NO; Phillips, Wallli, Mullen, HE eAlicClick, W SewaAS ll.DOPTED ON A VOTE XcG han. Skogstad, Fandel and McLane voting Yes, Nash. Crawford, Carey, O'Connell and Johnson voting No. THE CONSENT AGENDA WAS APPROVED BY UNANIMOUS CONSENT. J. ORDINANCE HEARINGS (a) Ord. 86-100(AM) "To Reduce the Assembly Membership Upon opt on of a Districting Plan for This Reduced Membership" (Mullen) ASSEMBLYMEMBER MULLEN MOVED ENACTMENT OF ORD. 86-100(AN). Kristine Lambert, Soldotna, spoke strongly in favor of the ordinance —Me a referendum a r tW ng body didn't support the ordinance petition calling for a ballot question would be filed. Assemblymember Mullen stated there were two (2) main arguments for He the assembly had the ordinance -- fairness and efficiency. said been malapportioned for some time. He felt streamlining technically the body would result in more efficient operation. He quoted from "Smaller to be more focused the Peninsula Clarion governments tend n their deliberations. At the same time, rather and ggM or ente than creating a danger of poor representation the opposite is likely a higher to occur. As each position attains more importance, competition for election, under such conditions the priority and more voters are unlikely to elect fascists or cavaliers." Assemblymember McGahan spoke against the ordinance stating in her to reapportion. She opinion the purpose of the ordinance was be a prior to taking any action. She believed there should plan reflected there would be a census conducted in 1990 and felt it an Soldotna appropriate time. She felt it inappropriate the City of assembly committee. resolution asked to be placed on an Assemblvmember Nash was concerned about the ongoing shift of in the borough. and a potential borough census in 1988 due population to federal and state funding based on population. He cited the borough's and doubt a diversity of interests in the population body would to more representative of thcae areas. He noted smaller the Board of Fish's decision and :he allegation the small board was He felt the current not representative of all fishing interests. assembly was fairly balanced in representation. ASSEMBLYMEMBER NASH MOVED TO AMEND SECTION 1., LINE 2, STRIKE/ADD- this ordinance. an assembly "That within 15 days of enactment of committee shall be appointed to [prep --re al review the current districting and apportionment [plan for an assembly o re uce bmanded to the voofrs in accordance with the memberAlaskaip to be constitution the asse bly and nake statutes] reco=endations." to -3- w X; _ .t 1.. unnrino .Tanuary 6. 1987 . (( 7 Aen81 ieU ltty uia uvivu-u rc-�. - -- - � Assemblymember Mullen spoke against the Nash amendment stating it it wouldn't be worth r would so substantially alter Ord. 86-100 (AM), regarding imbalance weren't valid consideration. He felt arguments as any changes would have to adhere to state law in terms of -_. - redistricting. J Assemblymember O'Connell asked confirmation that the overall intent to change the thrust of the ordinance from "} of the Nash amendment was assembly size reduction to simply correcting any current J1 malapportionment problems. Assemblymember Nash said that would and he wanted a committee to look at -• ;1 presuppose there are problems the situation to determine if there is malapportionment. ., Assemblymember O'Connell noted there should be technical corrections s to the title and possible deletion of some whereases. THE NASH AMENDMENT WAS ADOPTED ON A VOTE OF 9 YES, 5 NOi Nash, Crawford, Glick, McGahan, O'Connell. Skogstad, Fandel, McLane and 7! P Johnson voting Yes: Phillips, Walli, Mullen, Carey and Sewall voting No. ASSEMBLYMEMBER NASH MOVED TO AMEND TO STRIKE THE TITLE AND ADD: CURRENT DISTRICTING AND APPORTIONMENT.i STRIKE THE 2ND, - --- - REVIEW THE LE TO REVIEW THE _MD: .. �.:. WHEREA CURRENT DISTRICTING AND APPORTIONMENT--f- Assemblymember Johnson said the Nash amendment wording was scattered and felt perhaps the ordinance should be scrapped and brought back ;1 with different wording. t AssemblyMullen said amending the would besubstantial wit and defeat d. ordinanceafter ordinanceember he hoped the Assemblymember Carey said he supported the Nash amendment in that he . believed within the parameters of review there could be a determination if a reduction was necessary. THE NASH AMENDMENT WAS ADOPTED ON A VOTE OF 10 YES, 4 NOs Nash,•, Glick, Sewall, McGahan, O'Connell, Skogstad, Fandel. McLane ( Carey, and Johnson voting Yesc Phillips, Walli, Mullen and Crawford voting - No. Assemblymember O'Connell said he had supported the Nash amendment issue should have been dealt because he felt the malapportionment some time ago. It was his feeling, if the original wording had with passed, the process would have taken longer allowing the He he could support another • ; malapportionment to continue. stated to reduce the size of the assembly. He noted the committee j: ordinance should consider that a reduction could reduce spoken feelings from borough such as Hope. Cooper Landing, Moose Pass, sections within the Ninilchik or Anchor Point while the Kenai and Soldotna areas would always be represented. } Assemblymember McLane noted the assembly has always been a diverse "splitting' the assembly over group and cautioned the of representation when a new legislative session was in the offing. He stated he was not convinced "less is more" on assembly He his support of the ordinance as amended. representation. stated Assemblymember Glick said she approached the ordinance from a different point of view in that she felt a districting plan needed to be approved prior to reduction of membership. She felt an assembly original wording, would take into consideration - committee, as per whether there is malapportionment or whether the assembly is still felt the Nash representative and would consider all aspects. She If malapportioned, she 'i amendment accomplished the same purpose. reflected the voters would vote on the reduction. i Assemblymember Mullen advised the last census had been done in 1984 -_ --------. - -_- -- -:- and that is currently being updated by Alaska Headhunters, Inc. -4- oil Kenai Peninsula Borough Regular Assembly Meeting January 6, 1987 ORDINANCE rib-i(sU, AS AMENDED, WAS ENACTED GN A X, Oi 1 YE."., 1' Nash, Phillips, Carey, Glick, Sewall, O'Connell. Skogstad. Faitdel and y, McLane voting Yes; Walli, Mullen, Crawford, HcGahan and Johnson voting No. otPresident Sewall advised rather than appointment of a standing committee, he would appoint a special committee and asked interested members to contact him. s--' (b) Ord. 86-103 "Amending KPB 1.12 to Clarify the Form qu rementa of Ordinances and Resolutions" (Nash) ASSEMBLYMEMBER NASH MOVED ENACTMENT OF ORD. 86-103. Assemblymember Nash said he submitted the ordinance for two (2) reasons: 1) the present Code didn't specify format of resolutions or ordinances and 2) to provide for a means to streamline the legislative deliberation process. He felt legislation substantially amended should reflect the original sponsor and all those names who ,. had sponsored amendments should be reflected. f Assemblymember McGahan felt this would complicate the process _ unnecessarily. ORD. 86-103 WAS ENACTED ON A VOTE OF 9 YES, 5 NO; Nash Phillips, Crawford, Glick, Sewall, Skogstad, Fandel, McLane and Johnson voting Yes; Walli, Mullen, Carey, McGahan and O'Connell voting No. ' (c) Ord. 86-104 "Amending the Land Uses Allowed Table of the 5award Urban District Zoning Code" (Mayor) ASSEMBLYMEMBER SKOGSTAD MOVED ENACTMENT OF ORD. 86-104. Public hearing was opened and closed as there was no comment. Lands Chairman Skogstad advised the committee had reviewed the ordinance and felt it a streamlining measure and recommended passage. pSSEMBLYMEMBER SKOGSTAD ASKED UNANIMOUS CONSENT APPROVAL. s ORD. 86-104 WAS ENACTED BY UNANIMOUS CONSENT. K. INTRODUCTION OF ORDINANCES (a) Ord. 87-1 "Altering the Boundaries Ridgeway/Sterling Fire SeiVice Area" (Mayor) �. ASSEMBLYMEMBER CAREY MOVED INTRODUCTION OF ORD. 87-1. SETTING HEARING FOR FEBRUARY 3, 1987. c. Local Affairs Vice -Chairman Walli advised the committee had unanimously recommended "do pass". She said the committee had requested an attorney be present at the next committee meeting to answer legal questions. There was no public comment. ASSEMBLYMEMBER CAREY ASKED UNANIMOUS CONSENT APPROVAL OF INTRODUCTION ,... OFORD. 87-1. ASSEMBLYMEMBERS MC GAHAN AND O'CONNELL OBJECTED. Assemblymember McGahan stated she wasn't against introduction, but it . . seemed strange that since the area is not contiguous to the fire service area and was contiguous to the City of Soldotna, there wasn't -_ explanation. Assemblymember Walli advised this was one of many questions which had come before the Local Affairs Committee and why they wished an attorney to be present at the next committee meeting. '• ORD. 87-1 WAS INTRODUCTED FOR HEARING ON FEBRUARY 3, 1987 ON A VOTE -s,;.,, OF 13 YES, 2 NO; Nash, Phillips, Keene, Walli, Mullen, Crawford, Carey, Glick, Sewall, Skogstad, Fandel, McLane and Johnson voting - - - -- — Yes: McGahan and O'Connell voting No. -5- J ,3pa•�•bc _ ... A� 3 h r Kenai Peninsula Borough Reaular Assemblv Meeting January 6, 1987 L. CONSIDERATION OF RESOLUTIONS (a) Res. 86-146 "Urging the Alaska Legislature to Amend the Mun c pal Taxation Laws to Provide the Same Assessment from Time of Purchase Until the Property Is Sold" (McGahan) ASSEMBLYMEMBER MC GAHAN MOVED ADOPTION OF RES. 86-146. Finance Chairman Crawford stated the committee recommended "do not pass". DustyRhoads Brown's Lake Funny River Road, believed the idea eaerve co sideration. He noted while some individuals wished to hold onto larger pieces of land, adjacent neighbors subdivide and as a result through the assessing process and fair market value process the large landowner's taxes increase. Assemblymember McGahan felt the idea had merit and noted was done i several other states. She said one of the possibilities would be not having to have an assessing department. She said one individual would check records as to value of property sold which would be designated as fair market value. She said oftentimes comparable sales are "way off". ASSEMBLYMEMBER MC GAHAN MOVED TO AMEND THE TITLE, LINE 2, ADD: "LAWS TO GIVE THE LOCAL GOVERNMENTS THE OPTION OF PROVIDING" : SECTION 1., property to ve oca overnments the o tion t assess (so that the assessments arel- AND ASKED UNANIMOU Assemblymember McGahan said it was true this would cut the taxes received by the borough but then the mill rate could be raised. She felt would be a more honest way to do this, although she felt there still were many expenses which could be cut. THE MC GAHAN AMENDMENT WAS ADOPTED BY UNANIMOUS CONSENT. yv Y f !,"_ !. .. s_ Assemblymember Keene stated the problem he saw with the resolution was in determining the selling price for assessment as there was no mechanism either in State or local law to determine disclosure of cost when property is sold. Also he noted property is transferred as a gift or inheritance and how would one assess the evaluation on the selling price. He asked Assemblymember McGahan if she were asking the legislature at the time of sale to do one assessment and then carry that assessment through regardless of the selling price. Assemblymember McGahan said she hadn't considered this problem but she knew assessors now have a comparable sale amount. Assemblymember Keene questioned the "based on the selling price" as there was no mechanism to determine that amount. He said it could be assessed at the time of sale but couldn't guarantee the price was accurate.. i.e. if an individual came to the borough and stated they'd paid $10 for land worth a million, is that then the selling price. Assemblymember McGahan said she assumed the assessors get the comparable sales from records somewhere. Mayor Thompson said they get the information from the Recorders Office when available. She said she assumed then the only time it wouldn't be available was on a cash sale. Assessor Thomas advised when property changes hands, the assessors get the deed from the Recorder's Office. A letter then is transmitted from the borough to the individual buyer who fills out the letter stating how much was paid. Assemblymember Phillips said she felt the resolution smacked as an adverse movement against free enterprise. If a person is buying property for investment, and subsequently sells property at the invested or higher price they ought to pay taxes at the higher price. She urged defeat of the resolution. -6- L M ' Kenai Peninsula Borough Regular Assembly Meeting January 6 1987 . Assemblymember Carey felt whenever it's asked the State provide local { governmenr4 frith more options it is ir, the LebL intnicSL of the borough. He felt the borough would have to be very careful to p . prevent abuse of reported sales prices and he felt this might deter growth. Assemblymember Johnson said while he supported the concept, one of the problems was the fact land sales prices are not public record..'^_ ASSEMBLYMEMBER JOHNSON MOVED TO AMEND THE TITLE, LINE 3, ADD: "THE �... PROPERTY IS SOLD OR ITS USE MODIFIED OR DEVELOPED IN ANY MANNER." �_ ;: _ • ._, ... .,� AND ASKED UNANIHO THE JOHNSON AMENDMENT WAS ADOPTED BY UNANIMOUS CONSENT. - Assemblymember McLane asked members to not forget where a major source of taxes is derived from. He noted examples such as a t petrochemical company being assessed one time, while actual value would increase. He noted seniors are already exempted by both the State and borough. j Assemblymember Nash suggested rather than elimination of the assessing department the result might be a doubling of staff. He s said everytime someone improved their road, planted a new tree or in closed the carport to be a garage, an assessor would have to evaluate the property. He urged defeat of the resolution. j -- RESOLUTION 86-146 FAILED ON A VOTE OF 11 NO, 3 YESi Nash, Phillips, Walli, Mullen, Crawford, Glick, Sewall, O'Connell, Skogstad, Fandel, - - McLane and Johnson voting No; Keene. Carey and McGahan voting Yes. (b) Res. 86-157 "Relinquishing Certain Borough Selected Lands -Located Within Section 17, Township 7 North, Range 11 West, S.M., Alaska" (Mayor) ASSEMBLYMEMBER GLICK MOVED ADOPTION OF RES. 86-157. QQ Lands Chairman Skogstad said the committee recommended a "do pass". t There was no public comment. f THERE WAS OBJECTION VOICED TO UNANIMOUS CONSENT ADOPTION. RES. 86-157 WAS ADOPTED ON A VOTE OF 10 YES, 5 N0: Nash, Phillips, - Crawford, Glick, Sewall, McGahan. Skogstad. Fandel, McLane and Johnson voting Yes: Keene, Walli, Mullen Carey and O'Connell voting No. I (c) Res. 86-164 "Authorizing the Settlement with Oteco in taunt of $95,382 for Site Work at Kenai Elementary School" (Mayor) ASSEMBLYMEMBER GLICK MOVED ADOPTION OF RES. 86-164. Finance Chairman Crawford said thecommittee heard explanation that - the contractor had been given data not exact enough for a correct estimate. The committee had given a "do pass" recommendation. 1 There was no public comment. Assemblymember Walli said from the beginning she was against doing this and felt a mistake had occurred from the borough. Assemblymember Nash asked Assemblymember Walli how she expected the contractor to be paid for work he'd done. - ASSEMBLYMEMBER NASH ASKED UNANIMOUS CONSENT APPROVAL, ." Mayor Thompson advised the survey was done in the wintertime and a two (2) foot error had been made in the elevation. He said if the information had been correct, the contract would have been awarded at !' an increase of approximately $100,000. =� r ,i 0 Kenai Peninsula Borough Regular Assembly Meeting January 6, 1987 Assemblymember O'Connell questioned why a change order had not been issued for these monies prior to the contractor doing the work. Public Works Engineer Conyers advised the contractor had discovered the problem and notified the borough. At that time it was not determined why the error had occurred and the contractor was directed to proceed as per his contractual agreement to complete the work. Atty. Boedeker informed the assembly this contract was a site preparation contract which was bid at a unit price not as a lump sum price. He said the contractor had the obligation to finish the job and it didn't require any further authorization. However, the contractor is entitled to rely on the information supplied. The information was in error due to survey contours which were used -- about 25% off. Mayor Thompson reiterated the survey was inaccurate and the borough was not paying any more for this job than if the information had been correct initially. RES. 86-164 WAS ADOPTED ON A VOTE OF 11 YES, 4 NOt Nash, Phillips, Mullen, Crawford, Carey, Sewall, McGahan, Skogstad, Fandel, McLane and Johnson voting Yest Keene, Walli, Glick and O'Connell voting No. (d) Res. 86-166 "Approving the Naming of the 1985 School Bond ro ect an Authorizing the General Contractors on the 1985 School Bond Projects that were Formerly Called Central Peninsula High School, Nikiski High School, Nikiski Elementary School, Kenai Elementary School and Hope School to Proceed with Contract Requirements to Order and Install Permanent School Signs" (Mayor) ASSEMBLYMEMBER MC GAHAN MOVED ADOPTION OF RES. 86-166. Pam Hansen P.O. Box 1944, Soldotna, stated opposition to the name of Captain Cook High School as she felt it was confusing due to Captain Cook State Park. ASSEMBLYMEMBER MC GAHAN MOVED TO AMEND THE TITLE, LINE 4, ADD: "NIKISKI HIGH SCHOOL, NEW NIKISKI ELEMENTARY SCHOOL..."; ADD SECTION 3.. Line 1, "That the temporarily named new Nikiski Elementary..." AND ASKED UNANIMOUS CONSENT. Assemblymember McGahan explained Nikiski already has an elementary school so this needed to be delineated. THE MC GAHAN AMENDMENT WAS ADOPTED BY UNANIMOUS CONSENT. Assemblymember Phillips noted she'd received several comments and objections about the naming of the Captain Cook High School. ASSEMBLYMEMBER PHILLIPS MOVED TO WITHDRAW SECTION 1. AND RETURN THE ITEM TO COMMITTEE FOR REVIEW AND POSSIBLE RENAMING. Assemblymember McGahan asked District 2 representatives how Captain Cook High School was named. Assemblymember Mullen said after review of the resolution and submitted suggestions, the representatives had compromised on the name through a voting process. ASSEMBLYMEMBER MC LANE MOVED TO POSTPONE RES. 86-166 TO JANUARY 16, 1987, ALLOWING DISTRICT 2 REPRESENTATIVES TO REVIEW THE NAME. Pres. Sewall pointed out the item had been on the agenda for quite some time and Assemblymember McLane's motion would postpone naming of all the schools not just the controversial Captain Cook. ASSEMBLYMEMBER MC LANE WITHDREW HIS MOTION. Assemblymember Walli advised a Board of Education member said she'd rather see the school named the Central Peninsula High School rather than Captain Cook. -8- C. C. I W Kenai Peninsula Borough Regular Assembly Meeting January 6, 1987 TIRF P1HT1.T.TPS AMFNnMFNT WAS ADOPTED ON A VOTE OF 12 YES. 3 NO, Nash, Phillips. Keene, Walli, Carey, Sewall, McGahan, O'Connell, Skogstad, Fandel, McLane and Johnson voting Yesi Mullen, Crawford and Glick voting No. ASSE14BLYMEMBER MC LANE ASKED UNANIMOUS CONSENT APPROVAL FOR RES. 86-166 AND THERE WAS NO OBJECTION. RES. 86-166 WAS ADOPTED. (e) Res. 87-1 "Correcting the Boundaries of the Soldotna Lan - to Match Correct Topographical Information" (Mayor Q Req. Waste Disposal Commission) ASSEMBLYMEMBER GLICK MOVED ADOPTION OF RES. 87.1. Local Affairs Vice Chairman Walli advised the Committee heard testimony from adjacent propertyowners and had voted two in opposition and one in favor of the resolution. Public Works Chairman McLane said the Committee gave no recommendation. John Landua, Waste Disposal Commissioner, recapped Waste Disposal o0 a sion (WDC) recommendations: 1) extend life of Soldotna landfill for twenty (20) years to be designated as the Central Peninsula Landfill: 2) close Kenai landfill as per the city council's wishes$ 3) build two (2) baler facilities - one in Kenai and one at the Soldotna landfills 4) begin acquisition of the Elephant Lake site$ and 5) establish a procedural process for coming up with a compprehensive plan for waste disposal borough wide. He said Res. 87-1 followed the WDC recommendations. He passed out a letter from Rich Underkofler supporting the basic recommendations of the WDC. In considering consigning central landfilling operations to the Soldotna Landfill, the borough needed to take into account if a new landfill were started at Elephant Lake area, pollution discharge liability would be increased by 50%. There would be two (2) closed landfills, and one open one. The closed landfills would still require monitoring activities for about 30 years. He strongly advocated passage of Res. 87-1. Chuck Roser ARC Road, stated opposition to Res. 87-1. He cited Res. "--ZU7 whick established a buffer zone around the Soldotna landfill. Expansion of about 330 feet would bring garbage closer to private water wells in one area and 250 feet in another area of expansion. He said this was not a topographical error in legal description but an expansion. Coral Allen Box 301 Soldotna, urged defeat of Res. 87-1. She felt t s wou provide expansion of the dump for the next 20 to 100 years for central peninsula dumping. She noted the 1986 DEC permit doesn't include the expansion. She felt the intent of the assembly was to close the dump while Res. 87-1 would provide otherwise. She said passage would result in 1) violation of Res. 81-207, 2) lands which had previously been designated as cover source or lands to be sold would be used for garbage disposal, 3) more garbage being placed in areas closer to Arc Lake, 4) result in more garbage being placed closer to private water wells, 5) garbage would be placed in an area of monitoring wells around the perimeter of the 1981 permit, 6) permanent establishment of this dump as the Central Kenai Peninsula Dump without courtesy of public hearing. She urged members to study maps provided and notice close proximity to the Central Peninsula land High School and private lands. She noted private ownership at had the Soldotna landfill while the Elephant Lake site no private owners adjacent. She noted the Assembly had passed three (3) resolutions to close the dump and had never urged expansion. Pam Hansen P.O. Box 1914 Soldotna, strongly urged members to defeat : Res . $7=I She felt the resolution was a disguise to increase the landfill site. She said she was told if the propertyowners wells were polluted, water would be ran out to them. She noted, however. the same water aquifer under the landfill site is supposedly under the City of Soldotna's well. ® -9 IN � yy r� l _ rf I Kenai Peninsula Borough Regular Assembly Meeting January 6. 1987- Don Tho son P.O. 1009 Soldotna, said he was against the resolution. 81 residents were told there would never be any further e sa n expansion but passage of this resolution would push it 330 feet _ closer to his water well. Joe Arness Waste Disposal Commission Chairman, said the borough was ast headiftg for a crossroads like it or not in six (6) or eight (8) {� years from now when all landfills would be full. One option would be h?" to go to Elephant Lake, assuming the money were available. and the He obviously Res. 87-1 other would be to go to Soldotna. said proposed an expansion of the Soldotna landfill but the critical fact was it was not an expansion of the program at the landfill b"t an expansion to fit the existing contours. He said Res. 81-207 provided r "to landfill within the perimeter as established by the topography. He said the WDC had established a viable way for the borough to handle all of its solid waste needs in the central peninsula for up fact to twenty (20) years. He urged members to be cognizant of the Soldotna landfill would still have to be monitored even if closed. He said if this were day zero he didn't think anyone would suggest a landfill should be placed at Soldotna as opposed to Elephant Lake. harsh economic realities to look at and it was However, there are now time for the borough to come up with a program which will hold it in I good stead for a number of years rather than reacting to emergencies. Assemblymember McGahan stated she was upset by the resolution not only because of a promise made to people (Res. 81-207) but also j because she felt it was dishonest. She felt it was not a correction but an expansion and felt the whereases were not valid. She pointed out in Res. 81-207, the second whereas stated "the land contained in a Section 13 adjoins land in Sectiot. 12, constituting pothole..." thus there was a topographical information. She further noted in the last whereas. "considerable controversy has arisen over the use of that part of the pothole located in Section 13...". She said she was i a sponsor of Res. 81-207 and the assembly knew exactly what land they didn't want to use - the 3.2 acres - because that would put the garbage pit closer to the wells of residents located there prior to the pit. She felt this was a promise and should be kept. ASSEMBLYMEMBER CAREY MOVED TO AMEND THE TITLE STRIKE/ADD: [CORRECTING] EXPANDING THE BOUNDARIES OF THE SOLDOTNA LANDFILL I I TOMATCH [CORREUTT-MMENT TOPOGRAPHICAL INFORMATION.: SECTION 2., LINE 1, STRIKE/ADD:!'"1'ngt the assembly approve the (use] expansion of...". Assemblymember McGahan stated her appreciation of the amendment and pointed out the second whereas was false as Res. 81-207 was not based on aerial photographs and asked Mr. Carey if he would add this to his Ij amendment. ASSEMBLYMEMBER CAREY FURTHER MOVED TO STRIKE THE SECOND WHEREAS. Mayor Thompson said per his understanding that decision was based on aerial photographs. 1 Assemblymember McLane said his firm McLane & Associates had done much of the surveying at the Soldotna landfill. He said the firm was retained after the date of Res. 81-207 to stake the boundaries. He said these surveys at the landfill had been done primarily for j ' payment to the contractor who was covering the garbage. Therefore, was surveyed and unfortunately it wasn't he said the work area anticipated at that time the problems that would occur. So, there wasn't an on the ground topographic survey that went up to the ridge lines or the drainage breaks surrounding the bowl that the landfill exists in. He said he didn't believe there was mischievous or dubious intent behind the resolution, noting the forth whereas. He reiterated it was unfortunate an on the ground survey wasn't done at the time. i Assemblymember Mullen said there had been maps presented at committee indicating a survey had been done prior to Res. 81-207. -10- I 4. N Kenai Peninsula Borough Regular Assembly Meeting January 6, 1987 THE CAREY AMENDMENT FAILED ON A VOTE OF 8 YES, 7 NO; Nash. Keene, Mullen, Carey, , Sewall, McGahan, O'Connell and Skogstad voting Yes; Phillips, Walli, Crawford, Glick, Fandel, McLane and Johnson voting No. Assemblymember Carey noted a promise had been made to the residents and now when its economically better to ignore the promise, it was suggested the garbage pit be expanded closer to private water wells. He urged defeat of the resolution. Assemblymember Johnson said he felt the WDC had worked diligently and had made a very unpopular decision based on all the input they could dredge up. He recommended "do pass" on the resolution. Assemblymember Mullen said the reason the dilemna existed now was because there hadn't been long-range planning. He said he asked Engr. Bambard how long the Soldotna landfill could operate if Res. 87-1 failed and was told at least three (3) years with the current status quo. He said he would vote against the measure in order to encourage development of the Elephant Lake project. If in a couple years the borough was still in a bind, the assembly could fall back on the concept of expansion as proposed in Res. 87-1. Assemblymember Nash advised he'd received a telephone call from Kathy Bush advising there were some adjacent individual private owners at Elephant Lake. He said members shouldn't kid themselves that by putting the site at Elephant Lake individuals wouldn't be affected. Further he noted no matter what was done, someone would be affected. He said opening Elephant Lake in two (2) or three (3) years would involve advising voters of another mill or mill and one-half rate increase for dumping of garbage. He didn't feel it a proper time to consider such a move. Assemblymember McGahan reminded members money was not the only consideration here but these residents' health also needed to be considered. *RESOLUTION 87-1 FAILED ON A VOTE OF 8 NO, 7 YES; Keene, Walli, Mullen, Carey, Sewall, McGahan, O'Connell and Skogstad voting No; Nash, Phillips, Crawford, Glick, Fandel, McLane and Johnson voting Yes. *Subsequently, Assemblymember McLane filed a motion to reconsider (MTR) the vote on Res. 87-1 at the 1-20-87 assembly meeting. (f) Res. 87-2 "Approving the Installation of One Additional Monitoring Well Down Gradient of the Soldotna Landfill Site" (Mayor @ Req. Waste Disposal Commission) ASSEMBLYMEMBER CAREY MOVED ADOPTION OF RES. 87-2. Finance Chairman Crawford said the Committee questioned why the resolution was before the body as the money had been appropriated for the FY86-87 budget. Local Affairs Vice -Chairman said the committee unanimously recommended "do pass". Engr. Bambard said the monitoring well was originally budgeted in the 86-87 budget and the reason why the resolution was before the assembly was because it was part of the WDC total packafe recommendation. It was felt the resolution would reinforce the WDC s recommendation. Assemblymember McLane asked if there had been any contamination in subsurface water at the Soldotna landfill. Engr. Bambard said in all tests to date, there had been no evidence of such. Assemblymember Nash asked Engr. Bambard. in light of the vote on Res. 87-1, was there any need to put this monitoring well in. Engr. Bambard said it would serve as a useful tool to help determine long range integrity of the landfill. Engr. Bambard said the cost had L �- I L t 1 L Kenai Peninsula Borough Regular Assembly Meeting January 6, 1987 been estimated at $10,000 although this was difficult as the borough was trying to identify presence of a second aquifer. Coral Allen, Soldotna, said adjacent residents had been told for year—` ss th ' d been adequately protected by the monitoring wells at the garbage dump and which would serve as an early warning signal of contamination. She urged passage of Res. 87-2 and also asked the assembly to consider placement of other monitoring wells. Assemblymember McLane asked Mrs. Allen to confirm neither the borough nor the EPA had done any testing on the private water wells. Mrs. Allen said she believed the borough had tested one private well across from the dump. She indicated residents had requested the DEC test all private wells but had been refused. Pamela Hansen Soldotna, asked Engr. Bambard if the monitoring wells at the site were being tested for heavy metals and if the new high school well would be a test well. Engr. Bambard said Arc Lake was tested quarterly and the high school wells would be tested quarterly because they are Class A wells. Assemblymember McGahan called members attention to a Circla report presented at the last meeting. She said the report indicated drilling muds were placed in the dump from 1972-74. She quoted, "Sufficient information is not available to completely characterize the site or to rule out a direct groundwater pathway between an upper unconfined aquifer and a loser confined aquifer...Because of the high permeability of natural soils beneath the landfill, the existence of the former lake in this area, the lack of information on geohydrology and the use of groundwater for drinking supply, contaminant migration via groundwater is a primary route of concern. She summarized the report saying it stated more testing needed to be done and contaminants are there. ASSEMBLYMEMBER NASH PROPOSED AMENDING SECTION 1., LINE 4, ADD: to be char ed a ainst ca ital ro ects account 411-321022-49999. AND ASKED UNANIMOUS CONSENT. RES. 87-2. AS AMENDED, WAS ADOPTED BY UNANIMOUS CONSENT. ASSEMBLYMEMBER MC LANE ADVISED HE MOVED TO RECONSIDER (MTR) RES. 87-1 AT THE MEETING OF JANUARY 20, 1987. (g) Res. 87-4 "Establishing Funding Priorities of the sselC�mbly for 1987." ASSEMBLYMEMBER MC GAHAN MOVED FOR ADOPTION OF RES. 87-4. Public Works Vice Chairman McGahan advised the committees had met on Dec. 30 and January 6, with reconsideration of some items of Dec. 30 and subsequent changes. Assemblymember McGahan noted the road projects list had come from Engr. Conyers, according to ordinance, with a point values for maintenance and bid ready projects listed first. She noted federally funded road projects had been separated out. She stated on the cities' listings, the first three priorities had been listed for each. Unincorporated areas were :..'.tied for the first time. Assemblymember Nash asked Mrs.McGahan why the Funny River project had been de'-'--.d from federally funded projects and added in the unincorporated areas' priorities. Mrs. McGahan said the committee, after review, v 'eu L_ remove the Funny River project off federally funded projects as it is not now a federally funded project. Larry _P__oge, P.O. Box 2138 Funnv River area, stated his surprise on seeing t11ie Funny River project moved from federally funded to unincorporated priorities. He felt the project should be kept under federally funded projects as the monies from the State and borough would be non-existent for this year. He said there was statewide support for the bridge and indication of available federal monies. -12- L Ile. . It . i 00 1 Kenai Peninsula Borough Regular Assembly Meeting January 6, 1987 He felt unincorporated ent of the a areas would notybeiver impressiveton the last to the legislature.under Dust Rhoads Funny River area, noted the legislature is interested n cons stency on re nests and unfortunately the Funny River Bridge prthe oject being't been listed satlisted on thear. He lastpage a1so was He advisedctheed about DOT provided information that there is 500-car daily traffic count on Funny River Road. Pres. Sewall noted items are prioritized within a category and the listing of categories reflects no prioritization. Ruth attendedeto ig�8s meeting, theralthough owas only much largerresidents group had of concerned citizens. Assemblymember Nash expressed surprise the committee had reversed decisions of the December 30th committee meeting. He felt the document was very important and should be reviewed by the constituency prior to assembly approval. ASSEMBLYMEIWER NASH MOVED TO POSTPONE RES. 87-4. Assemblymember Phillips felt the assembly needed to approve the resolution and send it to Juneau at this meeting rather than postponing. Assemblymember Skogstad felt the primary concern in Juneau was with the oeratinederatet rheher didn'tnthinktal it would so if assembly delayd consi Assemblymember McGahan advised committees aren't held in formal parliamentary manner: however, when the majority of the committee wanted to reconsider items, she allowed it. Assemblymember Valli spoke against postponement also noting in DOT regional meetings, Funny River Road has never been discussed. Assemblymember Carey spoke in favor of postponement, noting even if the list were provided in two (2) months the legislature was absorbed in the current budget crisis. THE NASH MOTION TO POSTPONE FAILED ON A VOTE OF 9 NO, 6 YES; Phillips, Keene, Valli, Mullen, Crawford, Sewall, McGahan, O'Connell and Skogstad voting No; Nash, Carey, Glick, Fandel, McLane and Johnson voting Yes. Assemblymember Johnson commented per his understanding the Funny River Bridge was not on a federally funded project list and he felt it would have been confusing to list it under such a listing. Assemblymember McLane stated his intention of drafting a resolution supporting inclusion of the Funny River Road project on the federally funded list. However, he couldn't support adding the project to the federally funded transportation projects listing when it isn't currently on the list. ASSEMBLYMEMBER MC GARAN MOVED TO AMEND COMMITTEE CORRECTIONS: ADD SECTION II., A., 2., ADD: New Seward Elementary School; ADD: SECTION II., B., "1. Continued fun-d ng, Bradley Lake/Railbelt Intertie MENT SECTION II., B., 2. "Baler facilities (2). WAS ADOPTED BY UNANIMOUS CONSENT. Assemblvmember McLane stated he'd checked with Ridgeway/Sterling Fire Service Area and they'd indicated they were content this year which is why there was no listing for them. He suggested rather that North Peninsula Recreation Facility $2,100,000 be listed under IV. SERVICE AREAS, E. -13- 1 -t s - i `l. 1 E� Kenai Peninsula Borough Regular Assembly Meeting January 6, 1987 Assemblymember Johnson felt description of projects was inadequate. ASSEMBLYMEMBER MC GAHAN MOVED TO AMEND SECTION V. B. Funny River _ Bridge projects STRIKING REFERENCE IN SECTION V., B. AND ADDING TO SECTION 1., B. FEDERALLY FUNDED TRANSPORTATION PROJECTS, A. Funny River Bridge project. F ASSEMBLYMEMBER PHILLIPS CALLED FOR THE QUESTION ON THE MC GAHAN sr. AMENDMENT (ENDING DISCUSSION AND CALLING FOR A ROLL CALL VOTE). THE PHILLIPS NOTION WAS APPROVED BY UNANIMOUS CONSENT. THE MC GAHAN AMENDMENT FAILED ON A VOTE OF 10 NO, 5 YESi Phillips, Keene, Mullen, Crawford, Sewall, O'Connell, Skogstad, Fandel, McLane k and Johnson voting No; Nash, Walli, Carey, Glick and McGahan voting !6 Yes. Assemblymember Phillips noted a great deal of public input had gone into the listing, as forwarded by the cities on priority lists. ASSEMBLYMEMBER KEENE MOVED TO AMEND STRIKE: SECTION II., B., 3. Elephant Lake solid waste project: ADD: SECTION 1.. C., 1. Elephant Lake solid waste project." AND RENUMBER ACCORDINGLY. Assemblymember Keene felt the solid waste project was the most important health and safety issue and should be listed accordingly. THE KEENE AMENDMENT WAS DEFEATED ON A VOTE OF 10 NO, 5 YES; Nash, Phillips, Glick, Sewall, McGahan, O'Connell, Skogstad, Fandel, McLane I and Johnson voting No; Keene, Walli, Mullen, Crawford and Carey voting Yes. ASSEMBLYMEMBER CRAWFORD MOVED TO AMEND SECTION V. UNINCORPORATED AREAS, ADD: F. Port Graham reservoir improvement. THE CRAWFORD AMENDMENT WASPIMMY"ff �i�8U�L'OA�SA1r. ASSEMBLYMEMBER MC GAHAN'S MOTION TO ADOPT RES. 87-4, AMENDED. WAS ADOPTED BY UNANIMOUS CONSENT AS REQUESTED BY ASSEMBLYMEMBER MC LANE. M. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted; not for action this meeting.) (a) Ord. 86-71 8 Substitute Postponed to 1/20/87 (b) Ord. 96-65 PostponeaTndefinitely (c) Ura-W-R Postponed to 2/17/87 (d) OrS6TOl Hearing 1/20/87 (e) Ur-M--M Hearing 1/20/87 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE ! MEETING AGENDA O. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA P. MAYOR'S REPORT Mayor Thompson advised there would be a workshop on the option to lease Ladd Landing to the Diamond Shamrock Corp. Pres. Sewall advised he'd set the workshop meeting meeting for Jan.ary 16th at 6 p.m. Q. OTHER BUSINESS R. ASSEMBLY AND MAYOR'S COMMENTS Assemblymember Nash was concerned about the assembly limiting discussion and questions. Assemblymember Walli thanked those members of the public attending the workshops on capital projects. She asked administration to supply copies of Diamond Shamrock's proposal and perhaps Planning Commission minutes addressing the project. -14- , ! l 1 r- Kenai Peninsula Borough Regular Assembly Meeting January 6, 1987 Assemblymember Mullen requested an excused absence for the loth or January. Assemblymember Crawford announced a meeting of the South Peninsula Hospital Task Force on Wednesday, January 14th at 7:30 p.m. at the Southern Peninsula Hospital. Assemblymember Glick announced the Kenai Kaucus would be having a meeting on Saturday, January 17th at 1s00 p.m. at the Homer City Council chambers. She said the main topic would be the Bradley Lake Project. She also indicated the Legislative/Policies Committee would meet at 5:45 p.m. on January 20, 1987 to discuss rules of procedure for the assembly. Assemblymember Jonnson said the Data Processing Committee had met on January 5th and discussed resolution of problems. He said the capacity for storage on existing hardware has already been used up and additional hardware has been ordered. He said the Borroughs Corp. has instigated a study at no charge to determine what the boroughs options are. Additionally, the committee is looking at purchase of leased equipment to save money. Assemblymember Nash asked about the possibility of networking outside machines with the borough computer. Assemblymember Johnson said while this had been discussed, it had been moved to priority three based on other pressing problems. Assemblymember Johnson said it would -not be cost-effective to go outside the borough for such networking. Assemblymember Johnson commended the Waste Disposal Commission members for the fine job they'd done. Assemblymember McLane said as budget realities draw closer, he felt it was important for the assembly to be consistent regarding taxpayer dollars. Assemblymember Skogstad asked Mayor Thompson if the borough had initiated a census. Mayor Thompson said the borough, working through the Dept. of Community and Regional Affairs, has taken data available and hired a firm to take samplings of target areas to update the census. Assemblymember McGahan commented on the school budget questionnaire, noting some glaring omissions. Pres. Sewall thanked the Waste Disposal Commission for being the "heavies" for the assembly and doing yeoman work. He reminded members the Seward waste site is also not far from having problems. He thanked the joint committee on their endeavors on the capital projects. Mayor Thompson stated his appreciation of the Waste Disposal Commission's efforts and urged assemblymembers to support the reconsideration of Res. 87-1. S. INFORMATIONAL MATERIALS AND REPORTS T. . NOTICE OF NEXT MEETING AND ADJOURNMENT (January 20, 1987) Pres. Sewall adjourned the meeting at approximately 12:30 p.m. Date Approved Januaryp20, 1987 nat an ewa ssem y res ent -15- J r i rw On L ,C7 yvF:-e-/6 KrNAI PENINSULA BOROUvii REGULAR ASSEMBLY MEETING DECz'r'!9ER 16, 1986, %30 Ex. BOROUGH ADMINISTRATION BUILDING SOLDOTHA, ALASKA - AGENDA - v A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION: Pros. Merrill D. Briggs Soldotna Church of Jesus Christ of Latter Day Saints D. ROLL CALL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: December 2, 1986 G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, O'Connell, Nash, Fandel, Johnson) (b) Lands/Resources (Skogetad, Johnson. McGahan, Mullen) (c) Local Affairs (Moore, Phillips, Fandel, Mullen. Walli) (d) Public Works/Education (McLane, Skogstad. Walli, McGahan, Keene) (e) Data Processing H. MOTIONS TO RECONSIDER (a) Ord. 86-94 "Establishing Penalties for Violation of KPB 4.0 0 Prohibition on Use of Public Monies to Advocate Pas sate of a Ballot Proposition" (McGahan) FAILED 12-16-86, MTR FILED MOORE I. AGENDA APPROVAL AND CONSENT AGENDA (a) Vacation of Section Line Easement Associated With ASLS 76-247 (Sec. 1, Township 2 South, and Section 36, Township 1 South, Range 2 East, S.M. (b) Res. 86-165 "Approving a Mutual Aid Agreement Between the City o Seward and Bear Creek Fire Service Area" (Mayor) (c) Reappointment John Landua and Keith Laurie to Waste Disposal Commission (d) Res. 86-168 "Authorizing the Mayor to Accept a Parcel o Land -Behalf of the Central Peninsula Hospital Service Area" (Mayor) J. ORDINANCE HEARINGS (a) Ord. 86-71 & Subst."Stating the Principal Purposes of Kenai reninsula Borouah Computerized Records Settin P e No 1 1 1 1 1 1 1 1 Recon Pstpd Educ Cmte 2 Appry 2 Adptd 2 Appry 2 Adptd 3 g Pstppd Forth Criteria for Classification of Such Records, 1/26 According to Access and Processing Requirements; and Providing for the Disposition of Such Classified Records" (Johnson) (Mayor) (b) Ord. 86-85 "Promoting the Furtherance of Local Hire; 3 Providing Certain Protections for Subcontractors; Pstpd Reducing School Construction Costs; and Providing for Indef a Construction Ombudsman" (Nash) (c) Ord. 86-91 "Authorizing Conveyance of Borouggh aten a ds Located Within Section 17, T7N, RI1W, 4 Failed i • ' S.M., Alaska" (Mayor) ; - (d) Ord. 86-92(Sbst) "Reorganizing and Reestablishing 'tTe esource Development Commission Recodifying 5 and and Amending KPI 2.42 and Requiring Quarterly Report- Enctd ing to the Assembly"(Nash/Fandel) (e) Ord. 86-99 "Amending the Citx of Kenai Land Use Map or�Paarson's Homestead No. 6 12 Q 3 (Preliminary Plats) from Medium Density Residential to Low Density Enctd Residential, Section 30, Township 6 North, Range 11 West, S.M." (Mayor) (f) Ord. 86-102 "Accepting and Appropriating State Grant 6 s un s to roject Accounts for Grants Received from the State of Alaska Totaling $69,446 Made by Chapter 130, Enctd - - Session Laws of Alaska 1986" (Mayor) K. INTRODUCTION OF ORDINANCES r (a) Ord. 86-105 "Amending the Borough Code of Ordinances oncernng Assembly 7 -_ — - -. Member Term of Office and Election of Assembly Officers" (Moore) Intro - gg I/20 f L. CONSIDERATION OF RESOLUTIONS I - - (a) Rea. 86-161 "Requesting the Governor to Conduct an Adm iatrative 7 i ni Review of the Decision bq the Board of Fish to Restrict the Harvest of King Salmon Adptd 4 in Cook Inlet by East Side Setnetters" (Mullen) is (b) Presentation of Waste Disposal Commission's Formal 10 Recommendation for Waste Disposal Practices in the Central Peninsula Area by Chairman Joe Arness (c) Res. 86-154 "Expressing Intent to Pursue Establishing of ste Disposal 11 Facility at Elephant Lake" (McGahan) d F` (d) Res. 86-162 "Regarding the Preparation of the Kenai en 14 nsu a rough School District Budget for Fiscal Failed - Year 1987-88" (Nash) (e) Res. 86-148(AM) "Requesting That the State Delay 14 { ssuance o ermits that Would Allow Exploration No i for Minerals in Cook Inlet South of the Forelands" (Mullen) Over - ADOPTED 12-16-86; VETOED 12-16-86 Ride (f) Res. 86-146 "Urging the Alaska Legisla.ure to Amend 14 - the municipal Taxation Laws to Provide the Same Assessment from Time Purchase Not j 4 of Until the Property Addrd Is Sold" (McGahan) - (g) Res. 86-157 "Relinquishing Certain Borough Selected an s ocated Within Section 17, Township 7 North, 14 Not Range 11 West, S.M., Alaska" (Mayor) Addrd i s j (h) Res. 86-164 "Authorizing the Settlement with Oteco in Me lEount of $95,382 for Site Work at Kenai Elementary 14 Not School" (Mayor) Addrd ! 'bond (i) Res. 86-166 "Approving the Naming of the 1985 School 15 ` ± - FrojeFt and Authorizin the General Contractors Not a on the 1985 School Bond Protects that were Formerly Called Central Peninsula High School, Nikiski High Addrd School, Nikiski Elementary School, Kenai Elementary School and Hope School to Proceed with Contract Requirements to Order and Install Permanent School -' - - -. Signs" (Mayor) I . I 1 t: l 4 LAM r KENAI PENINSULA BOROUGH RECULAR ASSEMBLY tMETING DECEMBER 16, 1986; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA -AG E ND - -T' Ate-J5- d,� A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE \: C. INVOCATION: Pres. Merrill D. Briggs 1 Soldotna Church of Jesus Christ of Latter Day Saints._ D. itOLL CALL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: December 2, 1986 G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, O'Connell, Nash, Fandel, Johnson) (b) Lands/Resources (Skogstad, Johnson. McGahan, Mullen) (c) Local Affairs (Moore. Phillips, Fandel, Mullen. Walli) (d) Public Works/Education (McLane, Skogstad. Walli. McGahan, Keene) (e) Data Processing H. MOTIONS TO RECONSIDER (a) Ord. 86-94 "Establishing Penalties for Violation of KPB 040 Prohibition on Use of Public Monies to Advocate Pao sate of a Ballot Proposition" (McGahan) FAILED 12-16-86, MTR FILED MOORE I. AGENDA APPROVAL AND CONSENT AGENDA (a) Vacation of Section Line Easement Associated With ASLS 76-247 (Sec. 1, Township 2 South, and Section 36, Township 1 South, Range 2 East, S.M. (b) Res. 86-165 "Approving a Mutual Aid Agreement Between tE—e C ty of Seward and Bear Creek Fire Service Area" (Mayor) (c) Reappointment John Landua and Keith Laurie to Waste Disposal Commission (d) Res. 86-168 "Authorizing the Mayor to Accept a Parcel o awn —on Behalf of the Central Peninsula Hospital Service Area" (Mayor) J. ORDINANCE HEARINGS (a) Ord. 86-71 & Subst."Stating the Principal Purposes of Kenai Borough Computerized Recordss Setting Forth Criterifor Classification of Such Records, A Al A P R 1 1 1 1 1 1 Recon Pstpd Educ Cmte 2 Appry 2 Adptd 2 Appry 2 Adptd 3 Pstpd 1/20 ccor ng to ccess and rocessing equirementst and Providing for the Disposition of Such Classified Records" (Johnson) (Mayor) (b) Ord. 86-85 "Promoting the Furtherance of Local Hire: 3 ro—v ding Certain Protections for Subcontractorss Pstpd Reducing School Construction Costs: and Providing for Indef; a Construction Ombudsman" (Nash) L (c) Ord. 86,91 "Authorizing Conveyance of Borough 4 iat.ettueu ,.ands Located Within Section 11, T7N, R11W, S.M., Alaska" (Mayor) Failed j (d) Ord. 86-92(Sbst) "Reorganizing and Reestablishing 5 the source evelopwent Commission and Recodifying Enctd and Amending KPB 2.42 and Requiring Quartarly Report- ing to the Assembly"(Nash/Fandel) (e) Ord. 86-99 "Amending the City of Kenai Land Use Map "Tarson's 6 oar Homestead No. 2 6 3 (Preliminary Plats) Enctd from Medium Density Residential to Low Density Residential, Section 30, Township 6 North, Range 11 West, S.M." (Mayor) (f) Ord. 86-102 "Accepting and Appropriating State Grant Funds 6 to Projact Accounts for Grants Received from the Enctd State of Alaska Totaling $69,446 Made by Chapter 130, Session Laws of Alaska 1986" (Mayor) K. INTRODUCTION OF ORDINANCES (a) Ord. 86-105 "Amending the Borough Code of Ordinances 7 oncernng Assembly Member Term of Office and Election Intro of Assembly Officers" (Moore) Hrgg L. CONSIDERATION OF RESOLUTIONS 1/20 (a) Res. 86-167 "Requesting the Governor to Conduct an Administrative 7 Review of the Decision by the Board of Fish to Restrict the Harvest of King Salmon in Cook Adptd Inlet by East Side Setnetters" (Mullen) (b) Presentation of Waste Disposal Commission's Formal 10 Recommendation for Waste Disposal Practices in the Central Peninsula Area by Chairman Joe Arness (c) Res. 86-154 "Expressing Intent to Pursue Establishing 11 o sate sposal Facility at Elephant Lake" (MeGahan) (d) Res. 86-162 "Regarding the Preparation of the Kenai 14 en nsu a orough School District Budget for Fiscal Failed Year 1987-88" (Nash) (a) Res. 86-148(AM) "Requesting That the State Delay 14 asuance o ermits that Would Allow Exploration No for Minerals in Cook Inlet South of the Forelands" Over - (Mullen) ADOPTED 12-16-86; VETOED 12-16-86 Ride (f) Res. 86-146 "Urging the Alaska Legislature to Amend 14 the un c pal Taxation Laws to Provide the Same Not Assessment from Time of Purchase Until the Property Addrd Is Sold" (McGahan) (g) Res. 86-157 "Relinquishing Certain Borough Selected 14 Lands Loc d Within Section 17, Township 7 North, Not Range 11 West. S.M., Alaska" (Mayor) Addrd (h) Res. 86-164 "Authorizing the Settlement with Oteco in 14 tae ecunt of $95,382 for Site Work at Kenai Elementary Not School" (Mayor) Addrd (i) Res. 86-166 "Approving the Naming of the 1985 School 15 Bond Project and Authorizing the General Contractors Not on the 1985 School Bond Projects that were Formerly Addrd Called Central Peninsula High School, Nikiski High School, Nikiski Elementary School, Kenai Elementary School and Hope School to Proceed with Contract Requirements to Order and Install Permanent School Signs" (Mayor) a�wt� r M. FENDING LEGISLATION (This item lists legislation which will be addressed at a later Lime 46 uuLedi uvL rux acliuli LhLe usvaLlug.) (a) Ord. 86-100(AM) "To Reduce the Assembly Membership Upon Adoption of a Districtingg Plan for This Reduced Membership" (Mullen) HEAR 1/6/87 (b) Ord. 86-101 "Amending KPB 21.12 to Prohibit the Disposal or Storage of Hazardous Waste" (Nash) HEAR 1/20/87 REF: WDC (c) Ord. 86-103 "Amending KPB 1.12 to Clarify the Form Requirements of Ordinances and Resolutions" (Nash) HEAR 1/6/87 (d) Ord. 86-104 "Amending the Land Uses Allowed Table of the Seward Urban District Zoning Code" (Mayor) HEAR 1/6/87 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (a) Presentation of Waste Disposal Commission's Formal Recommendation for Waste Disposal Practices in the Central Peninsula Area by Chairman Joe Arness SEE PAGE 10 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA (a) Citizens Task Force on Waste Disposal - Mary Sisson SEE PAGE 12 P. MAYOR'S REPORT Q. OTHER BUSINESS (a) Vacation of portion Wolf Trail Lane within Clyde King S/D 6 Woodland Hills Estates Part Two R. ASSEMBLY AND MAYOR'S COMMENTS S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEY.T MEETING AND ADJOURNMENT (January 6, 1987) r- 0 YXNAI PENINSt"LA BO"VGH REGULAR ASSEMBLY MEETING DECEMBER 16, 1986; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER Pres. Sewall called the meeting to order at approximately 8:12 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION: Pres. Merrill D. Briggs Soldotna Church of Jesus Christ of Latter Day Saints D. ROLL CALL PRESENT: Assemblymembers Nash, Phillips, Walli, Mullen, Crawford, Keene, McGahan, Moore, Carey, Glick, Sewall, O'Connell, Skogstad and Johnson; Mayor Thompson: Atty. Boedeker; Assessor Thomas; Public Works Engineer Bambard; Land Mgmt. Officer Turkington; Planning Director Penner; Deputy Borough Clerk DeLacee EXCUSED- Fandel and McLane E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYKEMBERS F. APPROVAL OF MINUTES: December 2, 1986 Minutes were approved as amended. G. COMMITTEE REPORTS (a) Finance (Crawford. Carey, O'Connell, Nash, Fandel, Johnson) Chairman Crawford advised the committee addressed legislative items to be commented on at consideration on the agenda. (b) Lands/Resources (Skogstad, Johnson, McGahan, Mullen) Chairman Skogstad stated the committee spent most of available time discussing the forest and timber resource ordinance currently being drafted. Rather than trying to stage a sale of timber this year, the committee decided to develop a five year plan for timber sales and Vhresent it by early summer to be distributed to the public for bid. e Planning Commission will be looking at areas for commercial firewood. Planning Director Fenner reported on the Chuitna plan and dealing with Diamond Shamrock for a lease of the lands and Fenner will try to present a draft ordinance by January 5, 1986 for introduction on January 20th. He requested there be a work session with the assembly prior to introduction to work on areas of concern. (c) Legislative/Policies (Glick, Carey, Phillips, Crawford) Chairman Glick deferred comments until after midnight. (d) Local Affairs (Moore, Phillips, Fandel, Mullen, Walli) Chairman Moore advised all items discussed were legislative advised Mrs. Walli would chair the next meeting in his absence. (e) Public Works/Education (McLane, Skogstad, Walli, P. McGahan, Keene) Vice Chairman McGahan said the committee heard testimony regarding Knight Drive and Joe Arness gave a report on the Waste Disposal a. ;} Y iH i � f �i - - - ;., - Yr a ;i Kenai Peninsula Borough Regular Assembly Meeting December 16, 1986 - �... Commission. Members of the public also addressed the 1987 capital be meeting improvement projects. She announced there would a December 30, 1987 from 4:00 p.m. to 6t00 p.m. to discuss the capital improvement program and the assembly priority list. H. MOTIONS TO RECONSIDER o� J (a) Ord. 86-94 "Establishing Penalties for Violation of RPS 7"40 Prohibition on Use of Public Monies to ' Advocate Passage of a Ballot Proposition" (McGahan) FAILED 12-16-86, MTR FILED MOORE ASSEMBLYMEMBER MC GAHAN MOVED TO RECONSIDER ORD. 86-94. Mrs. McGahan spoke of violations during the last bond proposition election although there is currently a prohibition on doing so. She 1 stated employees can hand out fact sheets or attend meetings and discuss propositions factually. However, this year there were blatant violations of this prohibition. She asked members to vote for reconsideration and she would then request the ordinance be ` referred to Education Committee for further work. I( THE MOTION TO RECONSIDER THE VOTE ON ORD. 86-94 WAS ADOPTED ON A VOTE OF 9 YES, 5 NO; Phillips, Keene, Walli. Mullen, Moore, Carey, Sewall, McGahan and Johnson voting Yest Nash, Crawford, Glick, O'Connell and Skogstad voting No. f ASSEMBLYMEMBER MC GAHAN MOVED TO REFER ORD. 86-94 TO THE EDUCATION COMMITTEE FOR FURTHER AMENDMENT AND CONSIDERATION UNTIL THE FEB.3, f 1987. Assemblymember Carey noted as a teacher he'd been asked to give 4 or 5 handouts. He believed the committee should scrutinize this policy of possibly putting school teachers in the difficult position of almost advocating things. Assemblymember Nash stated he was not in favor of a criminal penalty as it would be unenforceable. And, in view of the fact there is already an ordinance not being enforced. He hoped the committee t would draft a resolution, rather than a penalty ordinance. requesting } Dr. Pomeroy to look at what appeared to happen in 1986 and report to the assembly. j Assemblymember Moore felt members were being uneasy about punishing public officials. Atty. Boedeker indicated he would not be representing individuals as there was potential for conflict, per Mr. Moore's inquiry. I THE MC GAHAN MOTION TO REFER ORD. 86-94 TO EDUCATION COMMITTEE WAS 1 APPROVED ON A VOTE OF 13 YES. 1 NO; Nash, Phillips, Keene, Walli, Mullen, Crawford, Moore, Glick, Sewall, McGahan, O'Connell and Johnson voting Yest Skogstad voting No. I. AGENDA APPROVAL AND CONSENT AGENDA r (a) Vacation of Section Line Easement Associated With ASLS 76-247 (Sec. 1, Township 2 South, and Section 36, Township 1 South, Range 2 East. S.M. (b) Res. 86-165 "Approving a Mutual Aid Agreement Between the City of Seward and Bear Creek Fire Service Area" (Mayor) (c) Reappointment John Landua and Keith Laurie to Waste Disposal Commission (d) Res. 86-168 "Authorizing the Mayor to Accept a Parcel of Landon'Behalf of the Central Peninsula Hospital Service Area" (Mayor) There was no public comment offered. -2- � � J Kenai Peninsula Borough Regular Assembly Meeting December 16, 1986 THE CONSENI AGENDA WAS APPROVED BY UNANIMOUS CONSENT. J. ORDINANCE HEARINGS (a) Ord. 86-71 "Stating the Principal Purposes of Kenai en4rnsuTa-Borough Computerized Records; Setting Forth Criteria for Classification of Such Records, According to Access and Processing Requirementss and Providing for the Disposition of Such Classified Records" (Johnson) 6 SUBSTITUTE (Mayor) ASSEMBLYMEMBER JOHNSON MOVED TO POSTPONE ORD. 86-71 AND ORD. 86-71 SUBSTITUTE UNTIL JANUARY 20, 1987. As semblymember Johnson stated the Data Processing Review Committee was exploring the possibility of storing additional. information on micro fiche, which the ordinance doesn t reflect. He stated the computer storage is running out of space and in fact is at about 1991 as far as scheduled storage. Finance Chairman Crawford stated the committee concurred with postponement. No member of the public wished to speak to the ordinance. ASSEMBLYMEMBER JOHNSON ASKED UNANIMOUS CONSENT APPROVAL FOR POSTPONEMENT. ORD. 86-71 AND SUBSTITUTE WAS POSTPONED TO JANUARY 20, 1987 BY UNANIMOUS CONSENT. (b) Ord. 86-85 "Promoting the Furtherance of Local Hire{ Providing Certain Protections for Subcontractors; Reducing School Construction Costs; and Providing for a Construction Ombudsman" (Nash) ASSEMBLYMEMBER NASH MOVED ENACTMENT OF ORD. 86-85 (CORRECTED). Finance Chairman Crawford said the committee had no recommendation after discussion of Ord. 86-85. Public hearing was opened. Leo T. Oberts 1440 Chinook Ct. Kenai, said in the 35 years he'd been n as a, ocal hire has been a continuing controversy. He noted the amount of capital funds expended on schools and university and asked that the assembly investigate how many school teachers were products of these schools. Van Sky, Rte. 1, Box 1330, North Kenai, said he was not aware �LarrX ny p� meetings held on Ord. 86-85. He hoped the ordinance could be postponed so the public could cdmment on it. Public hearing was closed. Assemblymember Nash said most comments he'd heard about the ordinance was that it was complex and everyone agreed it needed work. However, finding time to address it or portions of it was difficult at this time. He was also concerned about lack of public testimony. He noted budstet time would be an avorovriate time to address the ordinance. ASSEMBLYMEMBER NASH MOVED TO POSTPONE ORD. 86-85 AND ORD. 86-85 CORRECTED INDEFINITELY AND PROVIDE THAT ANY ASSEMBLYMEMBER OR COMMITTEE MAKE A MOTION TO BRING ORD. 86-85 AND ORD. 86-85 CQTD. BACK f TO THE FLOOR AND SCHEDULE PUBLIC HEARINGS AS A MINIMUM IN THE KENAI/SOLDOTNA, SEWARD AND HOMER AREAS. Assemblvmember McGahan spoke against postponement noting the assembly had made a concerted effort to promote local hire and there is an ordinance in place regarding this. She felt this was an overcomplicated piece of legislation and didn't feel an ombudsman was n needed. 11 -- i { a y t nensi i6uaiibua a "QiQUk'. a�c�Y LaL oa oau+v.) ••A - _ r�� - -- — _ -- T Assemblymember Moore echoed Mrs. McGahan's comments and felt it was the sponsor's duty to rewrite the ordinance rather than referral to committee. ORD. 86-85 AND CQTD. PREVAILED ON A VOTE THE NASH MOTION TO POSTPONE OF 10 YES, 4 NO; Nash, Phillips, Keene, Valli, Crawford, Carey, Glick, O'Connell, Skogstad and Johnson voting Yes: Mullen, Moore, Sewall and McGahan voting No. (c) Ord. 86-91 "Authorizing Conveyance of Borough Patented •.. '�.�.�` n s Gated Within Section 17, T7N, R11W, S.M., Alaska" - - --4•T` (Mayor) ASSEMBLYMEMBER SKOGSTAD MOVED ENACTMENT OF ORD. 86-91. r`•. l: Lands Chairman Skogstad said the committee recommended postponement until an indication is given from the BIA whether the individual will qualify for this parcel. The Committee felt consideration was premature without this indication. Public hearing was opened and closed as there was no public comment. ASSEMBLYMEMBER SKOGSTAD MOVED TO POSTPONE INDEFINITELY ORD. 86-91. ASSEMBLYMEMBER CAREY ASKED UNANIMOUS CONSENT APPROVAL FOR POSTPONEMENT. ASSEMBLYMEMBER CRAWFORD OBJECTED. - Mayor Thompson stated administration was not pushing this conveyance and actually there were three (3) claimants on the land. Administratively, he felt it better the matter was turned back to the State and let them decide which of the three had right to it. He ; said administration would take other property in return for this property under borough land authorization. Assemblymember Valli asked where in the ordinance did it state the property would return to the State rather than the individual. i Mayor Thompson said the ordinance would authorize the Mayor to dispose of the land and in his judgement it would be better returned to the State. Assemblymember Skogstad noted the Lands Committee felt this was a very choice piece of property. They were concerned that although the Borough might get equal value property, there was concern whether in actuality this would happen. The committee felt prior to setting up a trade, the borough should know what lands the borough would receive. Assemblymember Crawford spoke against postponement and felt the property should be returned to the State to rid the borough of the current litigation possibility and resulting legal expenses. THE SKOGSTAD MOTION TO POSTPONE ORD. 86-91 WAS DEFEATED ON A VOTE OF i 8 YES, 6 NOi Keene, Walli, Mullen, Carey, Sewall, O'Connell, Skogstad and Johnson voting Yes: Nash, Phillips, Crawford, Moore Glick and i McGahan voting No. i Mayor Thompson said when lands are traded with the State, if a piece is unacceptable the borough can reject it. i ASSEMBLYEMMBER O'CONNELL MOVED TO AMEND ORD. 86-91, SECTION 3. STRIKE/ADD "That this ordinance takes effect [immediately upon its enactment] upon such da as the State of Alaska issues atent to the Kenai Peninsula orou or an o equal or rester va ue in exc an a or the specific acreage being relinquished by the borough tote State under bection L. or t s ordinance." Assemblymember O'Connell said the purpose of the amendment was to say exchange would occur when the State is ready to issue patent on land of equal of greater value. -4- -- :-_ _. I t I .. a... 0 L r Kenai Peninsula Borough Regular Assembly Meeting December 16, 1986 Assemblymember Johnson spoke against the O'Connell amendment indicating the Mayor was capable of handling the exchange. Assemblymember Nash spoke against the O'Connell amendment noting the backlog in the Bureau of Land Management and the possibility of years before obtaining a patent. Assemblymember O'Connell stated he felt the arguments only reinforced j his position of not relinquishing land until the patent was received. ;t', He noted under the original Entitlement Act to State patented lands in about 1963 to date we haven't received all the lands. He felt the land was valuable and shouldn't be given up as a "credit" to the Borough account. A Assemblymember Walli spoke in favor of the O'Connell amendment, noting the letter from the State to the Mayor which stated, "The v State will not be conveying the land to the federal government L the federal government will have to sue the State, etc. ... the allotment may be valid." Mayor Thompson said he was trying to avoid getting the Borough involved in a legal entanglement with the three claimants. THE O'CONNELL AMENDMENT FAILED ON A VOTE OF 7 YES, 7 NO; Phillips, Keene, Walli, Mullen, Carey, O'Connell and Skogstad voting Yes; Nash, Crawford, Moore Glick, Sewall, McGahan and Johnson voting No. THE SKOGSTAD MOTION TO ENACT ORD. 86-91 FAILED ON A VOTE OF 8 YES, 6 NO; Keene, Walli, Mullen, Carey, O'Connell, and Skogstad voting Nos Nash, Phillips, Crawford, Moore, Glick, Sewall, McGahan, and Johnson voting Yes. (d) Ord. 86-92(Sbst) "Reorganizing and Reestablishing _tTle Resource Development Commission and Recodifying and Amending KPB 2.42 and Requiring Quarterly Report- ing to the Assembly"(Nash/Fandel) ASSEMBLYMEMBER NASH MOVED ENACTMENT OF ORD. 86-92 (REV. SUBST.). Public hearing was opened. Leo T. Oberts 1440 Chinook Ct. Kenai, felt the commission should be compose o members who promote industrial /bus ine as development and ; get as many ideas as possible and put ideas together as developers. He thought membership should be drawn from the community and not just government representatives and borough staff should be available to the commission. Public hearing was closed. Assemblymember Nash pointed out the existing commission had actually been sunsetted two years ago but no extending legislation had been drawn. He advised a commission member felt there was no guidance from the assembly. Mr. Nash felt there was a great need for a commission for further growth and employment in the borough. He said five (5) members would theoretically be nominated by the city for appointment by the Mayor and the rest would be direct appointments by the Mayor. He said the powers and duties section was substantively different and had been achieved through consultation with the director of State Economic Development and a governor's representative. These powers are identical to federal and state powers and duties. Assemblymember McGahan noted this commission had originally been ; funded by a federal grant and had been continued although federal ! funding stopped. In light of economic problems to be dealt with. she felt the commission and department should be sunsetted. She felt chambers of commerce, businessmen and the borough Planning Dept. could cover the duties. 4' -5- �L. F- jkh Rzxulzr •--=Lt. 'J. Mccti a 16tOQL Assemblymember Skogstad felt at budget time, services would be reviewed and a determination made then about cutting services. He felt the commission had accomplished a lot of good and the assembly had been negligent in not asking for more reports and information. Assemblymember Moore said he would expect to see some fulfillment of the listed duties at budget time in order to support continued funding. Assemblymember Johnson said he looked at the commission as a marketing/advertising arm for the borough. ASSEMBLYMEMBER JOHNSON MOVED TO AMEND SECTION 3., STRIKE/ADD "ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS DAY OF 119861 1987." THE JOHNSON AMENDMENT WAS ADOPTED -37- MANiMOUS CONSENT. Assemblymember Walli spoke in favor of the ordinance stating the borough had a number of renewable and nonrenewable resources that needed to be tapped. Assemblymember Phillips said as past president of the Homer Chamber of Commerce and past state member she found it extremely difficult to work on something like unless there is an official governing body to give direction. Assemblymember Nash said in a time of economic difficulty it was important that such a commission exist. He reminded members if they were to defeat this ordinance, they needed to go forward and eliminate the commission in its entirety. ORD. 86-91 (REV. SLBST.) WAS ENACTED ON A VOTE OF 13 YES, 1 NO; Nash, Phillips, Keene, Walli, Mullen, Crawford, Moore, Carey, Glick, Sewall, O'Connell, Skogstad and Johnson voting Yes: McGahan voting No. (e) Ord. 86-99 "Amending the City of Kenai Land Use Map for arsP`on s Homestead No. 2 8 3 (Preliminary Plats) from Medium Density Residential to Low Density Residential, Section 30, Township 6 North, Range 11 West, S.M." (Mayor) ASSEMBLYMEMBER GLICK MOVED ENACTMENT OF ORD. 86-99. Lands Committee Chairman Skogstad advised the committee recommended "do ppass". Local Affairs Committee Chairman Moore also advised the committee recommended "do pass". Public hearing was opened and closed as there was no public comment. ASSEMBLYMEMBER GLICK ASKED UNANIMOUS CONSENT APPROVAL. ORD. 86-99 WAS ENACTED BY UNANIMOUS CONSENT. (f) Ord. 86-102 "Accepting and Appropriating State Grant Funds to Project Accounts for Grants Received from the State of Alaska Totaling $69,446 Made by Chapter 130, Session Laws of Alaska 1986" (Mayor) ASSEMBLYMEMBER CRAWFORD MOVED ENACTMENT OF ORD. 86-102. Finance Committee Chairman Crawford advised the committee recommended "do pass". Public hearing was opened and closed as there was no public comment. ASSEMBLYMEMBER MC GAHAN MOVED UNANIMOUS CONSENT APPROVAL OF ORD. 86-102. ASSEMBLYMEMBER CAREY VOICED OBJECTION. ORD. 86-102 WAS ENACTED ON A VOTE OF 10 YES, 4 NO: Nash, Phillips, Crawford, Moore, Glick, Sewall, McGahan, O'Connell, Skogstad and i I I ,i f I Johnson voting Yea: Keene, Walli, Mullen and Carey voting No. I -6- L 4* i Kenai Peninsula Borough Regular Assembly Meetina December 16, 1986 K. INTRODUCTION OF ORDINANCES (a) Ord. 86-105 "Amending the Borough Code of Ordinances concerning Assembly Member Term of Office and Election of Assembly Officers" (Moore) ASSEMBLYMEMBER MOORE MOVED INTRODUCTION OF ORD. 86-105 AND HEARING i DATE OF JANUARY 20, 1987 AND ASKED UNANIMOUS CONSENT. Policies and Procedures Chairman Glick advised the committee would review the ordinance prior to public hearing on Jan. 20. 1987. Local Affairs Chairman Moore said the committee had a favorable recommendation. There was no public comment at introduction. Assemblymember Moore cited the delay in new committees getting organized each fall and especially the work on capital projects, stating this ordinance he hoped would increase efficiency. ORD. 86-105 WAS INTRODUCED FOR HEARING ON JAN. 20, 1987 BY UNANIMOUS CONSENT. i L. CONSIDERATION OF RESOLUTIONS (a) Res. 86-167 "Requesting the Governor to Conduct an X&REwive Review of the Decision by the Board of Fish to Restrict the Harvest of King Salmon in Cook Inlet by East Side Setnetters" (Mullen/McGahan/Glick) ASSEMBLYMEMBER MULLEN MOVED ADOPTION OF RES. 86-167. David Richards 393 Bering St., Soldotna, appeared in opposition. It was his teetinLg the time for public testimony and action was at the Board of Fish meeting two weeks prior. He felt it inappropriate the assembly was acting on this as the Board of Fish had done its job. He indicated the Board was responding to the majority of the public to change the allocation of the fishery resource and he said due to exclusions and exceptions the 7,000 king quota was not a definite limit. Cher 1 Sutton committee coordinator for the Kenai Peninsula s ermen s oop. PAC, Box 546, Soldotna, asked fishermen present in the audience to stand to indicate their interest (40). Ms. Sutton read a letter from a fisherman reflecting the hardships which will befall he and his family under the new quota. She disputed Mr. Richards' testimony that the majority of southcentral citizens wanted this quota. She indicated she had been flooded with letters from not only commercial fishermen but also sports fishermen and business people both in this area and Anchorage. Assemblymember Nash asked Ms. Sutton as a PAC, had the Coop. been working with legislators or the governor's office. She indicated both had been contacted. He further asked if she anticipated any legislative action to which she responded she didn't feel free to specify what was being worked on at this time but knew they were in support for review of the action by the governor. She felt an action by this body was significant. Mayor Thompson asked Ms. Sutton if a newly appointed board would have the authority to reconsider the action. Ms. Sutton said she didn't know but felt it was basically out of the hands of the board at this time because three (3) members had resigned. Duane Edelman president of the Fishermen's Coop., said the board's decision to t e 7,000 quota goes directly against the management plan. He said the primary use of the commercial fishery between July 1 and August 15 was no longer the management tool in use. He said there was a possibility of 1,000,000 sockeye harvest loss in the east setnet fishery versus a possible catch as low as 310 additional -7- - i 1 -_=_sz�g`. Kenai Peninsula Borough Regular Assembly Meeting December 16, 1986 ^.;r king salmon in the Kenai River. He said the decision was purely �= allocative and had no biological basis at all. He said anyone having any regard for the resource - the fish, the economic impact on the sports and commercial fisheries, economic impact on the local has deep far-reaching and state economies, surely must see this and effects that couldn't be speculated on. In June of 1986, the coop participated in drafting legislation setting standards, criteria and - -- "" guidelines on the Board of Fisheries' decisions. After many' attem ts, art of these were incorporated in legislation. He said dealt certain Board members stated the allocation issues had to be with as it would take too long to figure out these guidelines. He said in the past six months, the mandated guidelines have not been put into effect. He felt the board had abdicated its responsibility and felt the governor should review and possibly reorganize tae Board. 0. _ z- Brent Johnson Box 508 Clam Gulch, said he was a setnetter in support of the reso ution. He felt in this case a user group, the setnetters, had not been given fair representation. He said representation was "aprinkled" throughout the state, the _- representative from Cook Inlet being Bix Bonney an avid sports user. "sprinkled" ' This representation was also throughout the user groups -- no setnetter being represented on the Board, which he felt unfair_' politically. Don Johnson sport guide on the Kenai River, said a lot of money and time -expen"ddeA on the Board of Fish meeting to determine what to do. He didn't feel it right the borough spend money to attempt to undo the Board's action. He felt justice was done as among user groups represented, a large number sports fishermen had appeared and had wanted a change. Assemblymember Skogstad asked Mr. Johnson if he felt the Fish Board should in essence be making political decisions dependent upon how many eople speak (political management) or by biological management. Mr. Johnson said he would personally prefer seeing it managed by biological management but that wasn't what was set up. Leo Oberts Kenai, spoke in favor of the resolution stating the need for bo%gtcal management rather than political management. He noted little is known about the Kenai River and one week ago some federal individuals utilizing his property found the kings not only run along the banks but are also in the mainstream and along the rocks. He further noted two years ago, the Commissioner of Fish and Game had extended the season on kings for six (6) dayys and felt this was the dumbest thing ever known as the fish were in the spawning mode and unsuitable for human consumption. Tim Moore S.R. Box 714R Kasilof, pointed out the Fish and Game Board oes ave criteria to allocate fish and there is a 1977 amendment on the books, Kenai Management Plan, which he paraphrased, 'In regard to managing the sockeye run from July 1 to August 15. the board is supposed to -- all subsequent proposals are supposed to be in line with this.' He said this proposal was strictly not in line with the Kenai Management Plan and was strictly allocative and political and the Board is not following its own process. Jim Johnson Box 3774 Soldotna, president of the Cook Inlet ro ess ona Sport fishing Association, a chapter of Trout, Unitd. said his personal opinion of Proposal 219 (Bd. of Fish proposal) was not a solution to a problem that had been developing for years. He felt it was the Board's attempt to actually define what the Cook Inlet Management Plan says about minimizing the king salmon incidental catch and gill nets. He said obviously people didn't feel this solution was acceptable and he didn't feel the proposal would that much effect minimizing the incidental catch. But, it was an attempt to define it which has not occurred in the past. He said many sports fishermen have felt over the years that the Board was flawed on how it was administered -- questioning why there was one (1) or two (2) sports fishing reps, five (5) commercial reps -- obviously based on who was harvesting the greater number of fish. He -8- i J r— c a :. . ' Kenet Pen{ne„te Boro— R- ,ta •n e.wi.l. ld-- 4w n ew.l.e tc too[ felt the Board of Fish weren't the experts they needed to be for management of the fisheries in Alaska. Assemblymember Mullen said the king quota was totally unmanageable and was only logical to expect the taking of kings to stop short of 7,000. He said the proposal goes further in that it destroys the data base used by Fish and Came has been working with in relation to gathering information about king salmon. He felt it fair to say the personal use of king salmon on east side beaches would increase. He pointed out the Cook Inlet Management plan calls for the commercial king catch to be minimized not eliminated or limited to some arbitrary number not related to the biological health of the resource. Assemblymember Carey spoke of the issue of "checks and balances" in the democratic process. If one group makes a decision, out of fair play its accepted but this allows only the powerful to rule. The purpose of "checks and balances" is to protect any individual or group who will suffer unduly as a result of the wishes of the politically powerful. He felt the rights of all fishermen should be protected. Assemblymember McGahan pointed out the possibility of overescapement in the river. She noted in 1972 when commercial fishermen were shut down, the run went up the river faster than anticipated and the amount of dead fish coming back down the river who hadn t spawned was tremendous. She said she would like to see the last "WHEREAS" amended to read, "WHEREAS, the economy of the Kenai Peninsula Borough will [could] severely be [negatively] impacted..." She noted most of tTie east side setnetter were second, third and fourth generation residents who spend their money locally. She believed all legislators should be given a copy of the resolution. ASSEMBLYMEMBER MC GAHAN MOVED TO AMEND SECTION 2., ADD "and to all le islators." ASSEMBLYMEMBER MULLEN ASKED UNANIMOUT—MR9 'I` AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT. ASSEMBLYMEMBER MC GAHAN TO MOVE AMEND THE SIXTH WHEREAS, ADD/STRIKE: _. "WHEREAS, the economy of the Kenai Peninsula Borough will [could] be [negatively] severel i�m��pPacted by the recent decision the Board of Fish;" AND �il'IUUS CONSENT APPROVAL. THERE WAS OBJECTION. Assemblymember Nash cautioned members to avoid falling into the same trap as it was alleged the Board of Fish had fallen into -- making decisions without all the facts. There is no certainty of the extent of the impact. Assemblymember McGahan said she could speak for the Nikiski area. She thought Cook Inlet Processing is almost 902 east side beach site fishermen fish and probably Pacific Fisheries, also. She noted cannery workers spend their money locally which would severely impact the Nikiski area. THE MC GAHAN AMENDMENT FAILED ON A VOTE OF g YES, 6 NO; Walli, Mullen, Moore, Carey, McGahan, O'Connell, Skogstad and Johnson voting Yes; Nash, Phillips, Keene, Crawford, Glick and Sewall voting No. Assemblymember Phillips reported at a constituent meeting in Ninilchik of the 50 persons attending, to the person they were all against the Board of Fish decision. They asked the Borough take some kind of action on their behalf. ASSEMBLYMEMBER WALLI MOVED TO AMEND THE SIXTH WHEREAS, ADD/STRIKE "WHEREAS, the economy of the Kenai Peninsula Borough (could] will be negatively impacted by the recent decision by the Board of Fisli;'r- THE WALLI AMENDMENT WAS ADOPTED ON A VOTE OF 9 YES, 5 NO; Phillips, Keene, Walli, Mullen. Crawford, Moore, Carey, McGahan, and O'Connell voting Yes; Nash, Glick, Sewall, Skogstad and Johnson voting No. -9- a :. . ' Kenet Pen{ne„te Boro— R- ,ta •n e.wi.l. ld-- 4w n ew.l.e tc too[ felt the Board of Fish weren't the experts they needed to be for management of the fisheries in Alaska. Assemblymember Mullen said the king quota was totally unmanageable and was only logical to expect the taking of kings to stop short of 7,000. He said the proposal goes further in that it destroys the data base used by Fish and Came has been working with in relation to gathering information about king salmon. He felt it fair to say the personal use of king salmon on east side beaches would increase. He pointed out the Cook Inlet Management plan calls for the commercial king catch to be minimized not eliminated or limited to some arbitrary number not related to the biological health of the resource. Assemblymember Carey spoke of the issue of "checks and balances" in the democratic process. If one group makes a decision, out of fair play its accepted but this allows only the powerful to rule. The purpose of "checks and balances" is to protect any individual or group who will suffer unduly as a result of the wishes of the politically powerful. He felt the rights of all fishermen should be protected. Assemblymember McGahan pointed out the possibility of overescapement in the river. She noted in 1972 when commercial fishermen were shut down, the run went up the river faster than anticipated and the amount of dead fish coming back down the river who hadn t spawned was tremendous. She said she would like to see the last "WHEREAS" amended to read, "WHEREAS, the economy of the Kenai Peninsula Borough will [could] severely be [negatively] impacted..." She noted most of tTie east side setnetter were second, third and fourth generation residents who spend their money locally. She believed all legislators should be given a copy of the resolution. ASSEMBLYMEMBER MC GAHAN MOVED TO AMEND SECTION 2., ADD "and to all le islators." ASSEMBLYMEMBER MULLEN ASKED UNANIMOUT—MR9 'I` AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT. ASSEMBLYMEMBER MC GAHAN TO MOVE AMEND THE SIXTH WHEREAS, ADD/STRIKE: _. "WHEREAS, the economy of the Kenai Peninsula Borough will [could] be [negatively] severel i�m��pPacted by the recent decision the Board of Fish;" AND �il'IUUS CONSENT APPROVAL. THERE WAS OBJECTION. Assemblymember Nash cautioned members to avoid falling into the same trap as it was alleged the Board of Fish had fallen into -- making decisions without all the facts. There is no certainty of the extent of the impact. Assemblymember McGahan said she could speak for the Nikiski area. She thought Cook Inlet Processing is almost 902 east side beach site fishermen fish and probably Pacific Fisheries, also. She noted cannery workers spend their money locally which would severely impact the Nikiski area. THE MC GAHAN AMENDMENT FAILED ON A VOTE OF g YES, 6 NO; Walli, Mullen, Moore, Carey, McGahan, O'Connell, Skogstad and Johnson voting Yes; Nash, Phillips, Keene, Crawford, Glick and Sewall voting No. Assemblymember Phillips reported at a constituent meeting in Ninilchik of the 50 persons attending, to the person they were all against the Board of Fish decision. They asked the Borough take some kind of action on their behalf. ASSEMBLYMEMBER WALLI MOVED TO AMEND THE SIXTH WHEREAS, ADD/STRIKE "WHEREAS, the economy of the Kenai Peninsula Borough (could] will be negatively impacted by the recent decision by the Board of Fisli;'r- THE WALLI AMENDMENT WAS ADOPTED ON A VOTE OF 9 YES, 5 NO; Phillips, Keene, Walli, Mullen. Crawford, Moore, Carey, McGahan, and O'Connell voting Yes; Nash, Glick, Sewall, Skogstad and Johnson voting No. -9- J - - - - - L } �3 j} 4 :t i Kenai Peninsula Peninsula Boroutih Keltuiar AssembiyMeeting December io, 19ooxe�uiar AssembiyMeetingDecember io, 1986 ASSEMBLYMEMBER JOHNSON MOVED TO AMEND THE TITLE, LINE 2. ADD: "THE f DECISION BY THE BOARD OF FISH AND THE PROCESS WHEREBY THAT DECISION WAS REACHED TO RESTRICT THE Assemblymember Johnson said his reasoning was it seemed to him the Board was under a tremendous amount of pressure from all groups and the guidelines and procedures needed to be clearly established. Assemblymember Mullen said while he appreciated Mr. Johnson's intent, he felt it ;.:tter the wording be retained as originally drafted. By insertion of the wording, he feared "adding fuel to the fire". THE JOHNSON AMENDMENT FAILED ON A VOTE OF 12 NO. 2 YES; Nash, Phillips, Keene, Walli, Mullen. Crawford, Moore, Carey, Glick, Sewall, O'Connell and Skogstad voting No; NeGahan and Johnson voting Yes. RES. 86-167, AS AMENDED, WAS ADOPTED BY UNANIMOUS CONSENT PER REQUEST OF ASSEMBLYMEMBER MORE. (b) Presentation of Waste Disposal Commission's Formal Recommendation for Waste Disposal Practices in the Central Peninsula Area by Chairman Joe Arness Joe Arness. Chairman of the Waste Disposal Commission, addressed the High Waste Disposal Commission in points of a recommendation provided the assembly's packets. He said last last spring the assembly, by resolution, requested the Commission take a look and find a proposed new central peninsula waste site. The Mayor made the same request by memorandum. The Commission did find such a proposed site at Elephant Lake but also requested a decision be held off until the Commission could come up with some sort of long-range program to present. The Commission disovered while looking for new sites that the Soldotna landfill site environmentally was ever bit as good as others although there were obvious drawbacks - primarily, relative location to privately owned property. The Elephant Lake site had a similar drawback in that the native association owns adjoining property. Secondly, the Elephant Lake site would require in excess of $3.000,000 to break ground including the construction of a road. It seemed illogical to spend that money to get where the Borough is now in terms of disposal practices. The Commission, after review of available information, recommended the Borough maintain and operate the Soldotna landfill as a central peninsula landfill for a period of twenty (20) years. Based on the supposition. the Borough will come up with money to purchase a baler facility for that site extending its life to twenty (20) years (under current disposal practices, the site will be filled in eight (8) years). In the incorporated cost estimates, the cheapest alternative is the maintenance of the status quo which would last eight (8) years and then location of a new site. Additional recommendations requiring Assembly approval: drilling of a new monitoring well to monitor and locate aquifers, establishment of a buffer zone adjoining the Soldotna landfill and leasing the ground to a non-profit entity to remove it directly from Borough hands without removing access, incorporation of areas into existing legal description as a technical adjustment not an expansion to make disposal fit the contours of the topography which should have been accomplished in 1981, Public Works Dept. formulate and institute a plan whereby existing the landfill will be capped with a impermeable or semi -impermeable layer such as native clay to minimize the surface water which percolates through the existing landfill, and lastly, the assembly instruct the administration to proceed with the acquisition of the proposed Elephant Lake site as potential future site. Also, the Commission recommended establishment of a baler site in Kenai landfill, as it will be closed in 18 months and a baler would lend itself to economic transportation of wastes to Soldotna. Assemblymember Nash asked about a reference to "landfillin§ operations at the Kenai landfill to be terminated by June of 1986. Mr. Arness said this was a typographical error and should read June of 1988. Mr. Nash said if the recommended baler sites would be enclosed. Mr. Arness said it would be with trucks removing refuse 93 r cir ira t s. I I -A C U^rt,—h Re=,Iar Arn-cmb17 M-cating December '16, '1986 daily.He said this was in recognition of the costs to not only the 3orlu but also businesses or private citizens of transporting wastes to Soldotna. Mr. Nash asked if there were significant cost to preparing the Soldotna site for baling and Mr. Arness said there was not. He said the action of capping the site would be reparation for a baler and bales would result in water running off bales rather than running through them which is environmentally sounder and cheaper in the long run. Assemblymember McGahan asked where septic waste was being dumped. Mr. Arness said per his understanding there are specific sites for liquid sites. Assemblymember Moore asked if the Commission were looking for an additional Mr. assignment. Arness noted the twenty (20) year comprehensive plan suggested would be an excellent idea and also noted the assembly had assigned Ord. 86-101 on storage of hazardous to waste the committee. Mr. Arness advised the Commission had invited people from the Municipality of Anchorage to give a presentation to the Commission on January 6, 1987. Also on that date. the Commission has asked persons in the Special Waste Task Group to give its input and in the evening the Waste Disposal Commission will hold its regular meeting. He didn't feel the Commission would have a recommendation ready by the 6th of January. Assemblymember Nash asked what a realistic date would be for such a recommendation. Mr. Amass said he personally thought a recommendation, final not a project, could be prepared on the 20th of February. Assemblymember Carey asked if the Commission were involved in the Sterling waste site. Mr. Arness responded there is a lawsuit pending which has, for intents all and purposes, taken the Commission out of it. Mr. Arness said several months back the Department of Environmental Conservation (DEC) issued a closure order, an adjudicatory hearing was held from which no result had been forthcoming. Currently. the matter has gone to district court and the Commission cannot do anything until such time as there is some determination by the courts or DEC as to who's responsibility is what. Assemblymember Carey asked if the Commission could supply a report to the Assembly on what they had determined in their consideration of the Sterling Waste site. Assemblymember Moore asked Mr. Arness if the Elephant Lake site would be a suitable site for special waste site. Mr. Arness said environmentally it would be, but the Commission proposal was not a suitable proposal if no other reason than it is too small. Per Mr. Moore, 8 question, Mr. Arness indicated the Soldotna site is not a� suitable for special wastes. (c) Res. 86-154 "Expressing Intent to Pursue Establishing oF-7a-9-t=sposal Facility at Elephant Lake" (McGahan/Mullen/Carey) ASSEMBLYMEMBER MC GAHAN MOVED FOR ADOPTION OF RES. 86-154. Local Affairs Chairman Moore said the Committee recommended "do pass", particularly in view of past Assembly actions calling for the closing down of the Soldotna facility. Anne Roser, Box 17° Soldotna, residingnext to the garbage dump 7a--s-Fe- her husband state and homesteaded in the area prior to the location of the dump. She cited history including in 1981, Res. 81-207 which prohibited any further expansion of the Soldotna garbage dump. Additionally, she said there were verbal promises from administration that the dump would not be expanded and a now site would be found. She said since 1969, when the dump first opened, they've been told it was a temporary situation and the Borough was E. looking for In 1981, a new site. they became further concerned when plans I an called for placing garbage in a lake on the site. Per DEC aws, she said such an act was prohibited yet through circumvention r M P" jl F Kenai Peninsula Borough Regular Assembly Meeting December 16, 1986 ' of the laws the borough was allowed to pump some water from the lake and use it. She noted with the Kenai dump closing, the influx of would double at Soldotna. She felt through Res. 81-207 the garbage Assembly and administration had made a commitment to the people of the area to finally fulfill their promises. She said the to the _- recommendations of the Waste Disposal Commission were contrary p the Assembly. She further pointed already expressed sentiments of out a resolution had been passed in the spring of 1986, which-' recommended closing of both dumps. i Coral Allen Box 301 Soldotna, passed out a report SummaryMemorandum an or Plan for Circle Site Inspection at the o otna an This was an investigation or t1we slice ror possible disposition o � hazardous waste. She quoted, Sufficient information is not available to completely charachterize this site or rule out a direct lower groundwater passway between an upper unconfined aquifer and a confined aquifer.... From this discussion it is clear that data gaps exist in the geohydrology information available for the site... Because of: 1) the high permeability of natural solids beneath the landfill, 2) the existence of a former lake in the fill area, 3) the f M•` ,, lack of information on geobydrology, and 4) the use of groundwater is - for drinking water supply, contaminant migration via groundwater the primary route of concern. She said the Circle investigation also found evidence of disposal of drilling muds at the site. She said the report offered a plan to be completed next spring or summer. be was the She said the the most important criteria to considered effect on people around the dump. She further noted to the west there is private property between the dump and the highway and just on the other side of the highway to the west is private property on 1000 feet of the dump. which there are two private water wells within She said also not reflected is the close proximity of the new high i school and the developing new subdivisions within the area. She (2) , asked assemblgmembers to note the initial cost to operate the two developing the Elephant balers would be higher than initial costs of Lake site. Ma_r�Sis�son, Sterling, appeared representing the Citizens Task Force be involved in { onaste Disposal. She expressed concern the public She addressing the waste disposal issue through public awareness. expressed concern about the disposal of waste oil, the issue of incineration for energy recovery because of air quality concerns, no contamination, and the lining of sites to prevent groundwater feasibility of recycling. She said bales can be compacted to a five -by -five bale with 1500 to 1800 cubic yards but resulting in containment of hazardous materials being comingled and thus, She suggested looking at concentrating the hazardous substances. shredders rather than balers. Cliff Sisson Sterlingg, read a letter from Pamela Hansen, unable to attend, urg ng assemblymembers to stand by previous commitments to close the site. In regard to balers, Mr. Sisson said liquids do not compress in bales and was concerned about what would happen to them. Chuck Roser Box 172 Soldotna, urged assemblymembers to pass Res. j - as a fulfillment to the residents around the Soldotna site. He paraphrased discussion with the Commission regarding Res. 81-207 for and the buffer zone or greenbelt and adjoining lands to be put up 'Who live to a dump?' Mr. sale, a member remarked wants to next Roser felt this said it all. Vesta Lee Box 905 Kenai, urged members to close the Soldotna and sterling sites. She felt the assembly needed to address the problem but Elephant Lake should be investigated for reprecussions, too. She felt households needed to be better aware of chemicals--6,000 new chemicals per week while it took EPA seven (7) years to outlaw DDT. Ed Oberts S.R. 1, Box 282 Sterling, suggested sending the resolution "local back to t e Waste Disposal Commission and look at implementing difficult dumps" rather than one waste site. He felt it would be to afford trucking garbage 20 or 30 miles at $70 per hour. He felt 41 1 Kenai Peninsula Borough Regular Assembly Meeting December 16, 1986 adequate sites could be found possibly even considering excavated gravel pits who would have equipment on site to cover the material daily. Brother Isaiah Homer, noted the success of the Homer Baler Facility n g t o t e problems with their surface landfill site. He said he'd not heard of one complaint regarding hazardous wastes since the advent of the baler. He suggested be done at the Homer site in order information to obtain regarding weight, liquids, space, drainage, etc. Assemblymember McGahan noted a copy of Res. 81-207 within packet information stating the Soldotna site would not be expanded, giving legal descriptions. It was her feeling if the Elephant Lake Site were developed, people moving into the area, post -development, would be aware of the dump. She said her resolution is not worded as an either/or proposition but simply asks the administration to go ahead with taking steps required to obtain the Elephant Lake site. It further asks the Mayor to pursue with any involved parties, including she thought the Salamatof Native Corp., all avenues for a grant for an access road to the site and construction of the facilities. She hoped the site would be developed for conincineration. She felt this would be a start to a long-range plan. Assemblymember Nash pointed out lands surrounding the Elephant Lake site would someday, through subdivision, be located near a dump. i ASSEMBLYMEMBER NASH PROPOSED AMENDING SECTION 1., LINE 2, STRIKE: "facility. [for landfill and coincineration.l. ASSEMBLYMEMBER NASH FURTHER PROPOSED A NEW WHEREAS, ADD: "WHEREAS the Solid Waste i Commission has recommended ac uisition o t o Elephant a e waste disposal site; , the assembiy has previously passed a resolution stating its wishes that the Soldotna landfill be discontinued;] ASSEMBLYMEMBER MC GAHAN ASKED UNANIMOUS CONSENT APPROVAL. Assemblymember Nash felt the existing language would limit for future land. [ administration and the assembly uses of the THE NASH AMENDMENT WAS ADOPTED BY UNANIMOUS CONSENT. ASSEMBLYMEMBER MOORE PROPOSED AMENDING SECTION 1., LINE 2, STRIKE/ADD: "That the administration [should] is requested to take steps...: Section 2., Line 1, STRIKE/ADD "That the mayor sou d] is requested to pursue..." AND ASKED UNANIMOUS CONSENT. THE MOORE AMENDMENT WAS ADOPTED BY UNANIMOUS CONSENT. ASSEMBLYMEMBER MOORE PROPOSED A NEW SECTION 3., ADD: "The administratiis ruested to o reso uton. ASKED UNAN114VUb .enLYMEMBER NASH OBJECTED. Assemblymember Nash questioned what a comprehensive cost analysis ! would comprise and felt this was going one step too far. Assemblymember Moore said his intent was to "get a handle" of cost of building a road, a baler facility or any capital improvements. Assemblymember Johnson noted there were project construction costa in the Waste Disposal Commission report. THE MOORE AMENDMENT FAILED ON A VOTE OF 7 YES, 7 NO; Nash, Phillips, Keene, Walli, O'Connell, Skogstad and Johnson voting No: Mullen, Crawford, Moore, Carey, Glick, Sewall and McGahan voting Yes. ASSEMBLYMEMBER PHILLIPS ASKED UNANIMOUS CONSENT APPROVAL FOR RES. 86-154, AS AMENDED. RES. 86-154, AS AMENDED, WAS APPROVED BY UNANIMOUS CONSENT. -13- I �T� 1 ;[ a �I A; k r Kenai Peninsula Borough Regular Assembly Meeting December 16, 1986 (d) Res. 86-162 "Regarding the Preparation of the Kenai Peninsula Borough School District Budget for Fiscal Year 1987-88" (Nash) ASSEMBLYMEMBER NASH MOVED ADOPTION OF RES. 86-162. **ASSEMBLYMEMBER MC GAHAN RAISED A POINT OF INQUIRY TO THE BOROUGH ATTORNEY INQUIRING IF THE OVERRIDE OF THE MAYOR'S VETO OF RES. 86-148 (AM) HAD TO BE ADDRESSED PRIOR TO MIDNIGHT AS A LEGISLATIVE ITEM. (No response) ASSEMBLYMEMBER MC GAHAN ASKED SUSPENSION OF THE RULES IN ORDER THAT THE BODY MIGRT CONSIDER OVERRIDING THE MAYOR'S VETO OF RES. 86-148 (AM) BEFORE RES. 86-162 IS CONSIDERED. THE MC GAHAN MOTION TO SUSPEND THE RULES FAILED ON A VOTE OF 7 YES, 7 NOs Nash, Mullen, Crawford, Carey, Glick, Sewall and Johnson voting Nos Phillips, Keene, Walli, Moore, McGahan, O'Connell and Skogstad voting Yes. Finance Committee Chairman Crawford and Local Affairs Committee Chairman Moore indicated the committees have a "do not pass" recommendation on Res. 86-162. Tom Overman Associate Supt. of KPB School District, stated he was asked by tie school board president if the Assembly passed the resolution, that they clarify an exact figure. ASSEMBLYMEMBER NASH PROPOSED AMENDING SECTION 1., LINE 2, STRIKE/ADD: "district administration [prepare] submit for board of educatio�assembl worksessionsworksessions a budget proposals , 1ro�e actual received for fiscal year 1986-87." ASSEMBLYMEMBERS CONSENT BUT OBJECTION WAS VOICED. Assemblymember Nash said his intent was to provide two (2) documents to look at in consideration of a projected three (3) to eight (8) mill tax increase at budget time. THE NASH AMENDMENT FAILED ON A VOTE 9 NO, 5 YES; Phillips, Keene, Walli, Mullen, Moore, Carey, O'Connell, Skogstad and Johnson voting Nos Nash, Crawford, Glick, Sewall and McGahan voting Yes. RES. 86-162 FAILED ON A VOTE OF 12 NO, 2 YESs Phillips, Keene, Walli, Mullen, Crawford, Moore, Carey, Glick, Sewall, O'Connell, Skogstad and Johnson voting Not Nash and McGahan voting Yes. Midnight deadline for legislative consideration arrived. ***** ************************************************************** ASSEMBLYMEMBER CRAWFORD GAVE NOTICE OF RECONSIDERATION OF ORD. 86-91. **(e) Res. 86-148(AM) "Requesting That the State Delay Issuance ot Te—rmits that Would Allow Exploration for Minerals in Cook Inlet South of the Forelands" !Mullen) ADOPTED 12-16-86; VETOED 12-16-86 (SEE ABOVE) (f) Res. 86-146 "Urging the Alaska Legislature to Amend the unicipal Taxation Laws to Provide the Same Assessment from Time of Purchase Until the Property Is Sold" (McGahan) NOT ADDRESSED (g) Res. 86-157 "Relinquishing Certain Borough Selected Lands - Located Within Section 17, Township 7 North, Range 11 West, S.M., Alaska" (Mayor) NOT ADDRESSED (h) Res. 86-164 "Authorizing the Settlement with Oteco in the Amount of $95,382 for Site Work at Kenai Elementary School" (Mayor) NOT ADDRESSED -14- �_ l i Kenai Peninsula Borough Regular Assembly Meeting December 16, 1986 (i) Res. 86-166 "Approving the Naming of the 1985 School Bond t Project and Authorizing the General Contractors on the 1985 School Bond Projects that were Formerly Called Central Peninsula High School, Nikiski High School, } Nikiski Elementary School, Kenai Elementary School and Hope School to Proceed with Contract Requirements to Order � _ and Install Permanent School Si gns" (Mayor) NOT ADDRESSED M. PENDING LEGISLATION 1 }' (This item lists legislation which will be addressed at a later time as noted; not for action this meeting.) _ - (a) Ord. 86-100(AM) jet (b) Ord. 86-101 (c) Ord. 86-103 " (d) Ord. 86-104 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA: SEE PAGE 10 ' 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA: SEE PAGE 12 Ed Oberts Sterling, asked if Res. 86-148 (AM) would be considered at the Januaty 6. 1987 meeting. Pres. Sewall responded the assembly had not acted to suspend the rules for consideration at this meeting, so the item expired for consideration. Atty. Boedeker said unless a special meeting was called before Dec. 23rd or 24th, it could not be addressed. Mrs. McGahan asked if this meeting were recessed to Jan. 6th rather than adjourned, could the veto of Res. 86-148 (AM) be taken up. Atty. Boedeker indicated a veto has to be taken up by the next regular meeting after notice of veto has been given or 21 days. whichever is later. He didn't feel recessing was a valid means to -% extend consideration. tj a Brother Isaiah Homer, stated appreciation of the assembly's good work and t me and energy sent and wished everyone a merry Christmas a most delightful New Year s. He reflected on the subject at hand and the need for research (waste disposal). Stan McGrorty, HCR 35780, Clover Dale Circle Homer, appeared on behalf of Homer Chamber of Commerce. He said the Chamber had appointed he, Nick Gangel, Hazel Beath, Bill Tosci and Eileen Becker to an Exploration Committee. They were were established to: 1) insure that assemblymembers uphold the Mayor's veto or support a new ordinance which would allow companies to carry out mineral exploration between Ninilchik and Anchor Point, 2) adopt a resolution to change the date established by the DNR to accept public comments from January 9th until June 1st, 1987, 3) adopt a resolution of support for companies to explore lower Cook Inlet for biological, environmental and geological purposes, and 4) provide education to the people as necessary. He said other groups had either supported extended public comment time or support for exploration. Pres. Sewall noted DNR had extended the public comment period but had scheduled no public hearings. Leo Oberts Sterling, said his concern with Ord. 86-92 Subst. was t a- att`-`t-Fie Resource Develo ent Commission not be jus~ a statistic -producing body but m one that actively seeks resource development through the community and state. Lam Van Sk Rte. 1, Box 1330 No. Kenai, noted he'd seen businesses come nto t e Borough and ask for right-of-ways across Borough property, ask for tax-free industrial bonds sponsored by the Borough, } ask for use of our waste disposal areas, etc. While he felt this was E alright, he felt developing business for business's sake was wrong E He felt mineral exploration in Cook Inlet could be successful if } -15- G I` r i 43" �h Kenai reninsula Borous[h Regular Assembly Meer. iux December io, 1966 managed properly, but he felt the Borough should look at this over a period of time. Richard Mus rove Box 1157 Soldotna, advised As en Mining has had perm is rom t e Corps of Engineers for several years and to his knowledge have done nothing. He felt the assembly should override the Mayor's veto. Roger Meeks Kenai, felt everyone was overlooking one important point -- no one knows what's in the inlet in minerals. And, what is out there is not a renewable resource. However, he felt going into the inlet was taking a big chance because nobody knows what damage if any would be done to the fishing. He felt the Borough should not take a chance on a renewable resource -- fishing and related jobs. P. MAYOR'S REPORT Mayor Thompson advised he had proceeded, by Assembly direction, with purchase of the Hansen property in Homer for a school. He said sometime in the next week the contract for approximately $300,000 was near fruition. He advised he had a cost report on the flood damage in the Seward area. Mr. Carey asked Mayor Thompson if the Hansen property would be held exclusively for a school. Mayor Thompson said per his understanding it was purchased for a future school site but felt the Assembly could decide to use it for some other use. Mr. Keene asked Mayor Thompson to detail why the raw property purchased for approximately $100,000 would end up costing around 5300,000. Mayor Thompson explained of the $317,000, approximately $120,000 was a conditional price payable only if certain improvements such as a road, water, electricity %mee supplied by Hansen and approved by the City of Homer. Mr. Keene thanked Mayor Thompson for the information. Q. OTHER BUSINESS (a) Vacation of portion Wolf Trail Lane within Clyde King S/D 6 Woodland Hills Estates Part Two VACATION STANDS WITH NO ASSEMBLY ACTION. R. ASSEMBLY AND MAYOR'S COMMENTS Mr. Skogstad asked an indication of members about who would be interested in attending a workshop with the Planning Dept. regarding ggoing over the lease plan ordinance dealing with Diamond Shamrock and Chuitna plans. He said possibly there would be a rough draft of the ordinance for review on the meeting of the sixth. Mrs. McGahan thanked members of the public for comments. She said she wished the Assembly had addressed the override of the Mayor's veto on Res. 86-148 (Rev.) and was disappointed on the way it was handled. Mrs. Phillips thanked the Waste Disposal Commission for their report and bringing the resolution to the forefront. Mr. Keene said in that he wasn't in attendance last meeting, he would have voted in favor of Res. 86-148 (Rev.) Mrs. Walli thanked members of the public for attendance at committee meetings and Mr. Arness and the Commission for their hard work. She said regarding biological management of resources she wasn't an expert but recalled Stariski Creek and the years it had taken for the king salmon to return. Mr. Mullen said he'd read about a takeover bid for Diamond Shamrock by Mesa Ltd. and wanted to be sure the Borough's interest in the project weren't jeopardized. i I C -16- • I 0 Yore{ 9-4—An Anv-1, Aan..lnr Ao amhly Maari"n nanami%ar 1f, iaAA Mr. Crawford asked the Borough Clerk to set up a meeting for the South Peninsula Hospital Task Force in mid -January. Mr. Moore advised the new Sterling Fire Station would be dedicated in the next week. Mr. Carey said the financially beleaguered Kenai Peninsula Community College presented its monetary request to the school board. He had been asked by the Council to check into the fact that in the school budget approved last year, $86,000 had been appropriated for the community college but the school board cut $50,000 of this amount. He asked if after such monies were specifically approved by the Assembly, subsequently moved by the school board, did the school board have to come back to the Assembly at some point and explain their actions. Mrs. Glick said the Legislative/Policies Committee would be meeting on the 30th of December at 4:00 P.M. to review capital improvement projects and priorities. Mrs. Glick noted the Kenai Kaucus had written a letter requesting at least one member of each of the communities on the peninsula be placed on the task force groups looking at reorganization of the community colleges. Mr. Skogstad asked the Borough Clerk to notify communities and chambers of commerce in the borough regarding their capital improvement lists. Mr. Sewall asked Atty. Boedeker if the service area mill rate was included in the borough mill rate in terms of the overall legislative cap. Atty. Boedeker said this was a difficult question but currently he felt they would be included at this point. Mr. Sewall asked Mayor Thompson about mitigation work on Grouse Creek. Mayor Thompson said currently work was held up by Corps of Engineer permission. Mayor Thompson said there had been misunderstandings regarding Aspen Mining and specifically their request had been for exploration only and didn't automatically permit mining. He said a mining permit requires 22 different permits. He said prospecting would encompass core drilling, remote sensing, sampling and possibly a dredge would be brought in to dredge of five feet by five hundred feet. He thanked Mr. Arness and the Waste Disposal Commission for their fine work. Assemblymembers thanked Mrs.McGahan for the gifts she annually gives at Christmas. S. INFORMATIONAL MATERIALS AND REPORTS Mr. Sewall noted informational materials including Memo. 86-199, Knight Drive and Resurrection/Exit Glacier and asked Atty. Boedeker for an update on the litigation report. T. NOTICE OF NEXT MEETING AND ADJOURNMENT (January 6, 1987) Pres. Sewall adjourned the meeting at approximately 12:50 a.m. Date approved January 6. 1987 ATTEST: Borough Clerk Jonathan W. Sewall,Assembly res ent -17- I FRO CITY Q Oaprial 4 4" Zi0 FIO U* mmw, AuW" ""I TaSPUMM-7m MEMORANDUM TO: Councilmembers FROM: AWm. J. Brighton, City Manager City of Kenai DATE: January 29, 1987 RE: Economic Development The attached article is included in the packet to indicate the costs of being active in the field of economic development. WJB/clf Attachment L L r-- 1 ■ ■ A 76 8 � 3 `5'• °M° c '� a• d M � �e w � 'D o " " ° an 3 � o AE "'1'•w`�M5f/�9 .7.i� a O9 wwO.. 'e, wpp o g w OG °a n c�.°iowo`Q ..fl$oua35 g= mpni avwa w oG `� E 'A m , A o $� momac w SO 90 n•sa��5a E $ pp ,� C� o � � a• x' E .� 90 L r 9 x o a a cis c�� o go o�3<»n O 3.9�•vg��,�� �o� 041 `■ ■ C �-il H F H A Q& r 5 54 a o° 5 N 0 m +� o. W r- Unocal Oil i Gas Division Unocal Corporation 225 South Lake Avenue. Suite 90, Pasadena, California 91101 Telephone (818) 304.7625 UNOCAI.�, Walter E Nelda Regional Gas Manager Weatem Repkm 00 0 Gentlemen: January 28, 1987 City of Kenai P.O. Box 580 Kenai, Alaska 99611 Attn: Mr. William J. Brighton The City of Kenai, Alaska, Marathon Oil Company and Union Oil Company of California are parties to the Gas Sales Agree- ment (the Agreement) dated May 17, 1966 for delivery of natural gas to the City of Kenai. Initial deliveries under this Agreement commenced on February 21, 1967, to continue for a period of twenty (20) contract years. In accoroance with Article I, Paragraph 1.3 and Article VIII of the Agreement, the effective term of the Agreement expires as of ten o'clock a.m., Alaska Standard Time, February 1, 1987. Upon expiration, Union Oil Company will discontinue natural gas deliveries to the City of Kenai. Union Oil Company appreciates having had this opportunity to serve the City of Kenai since 1967, and wishes to acknowledge the excellent relationship between the parties which was established and maintained throughout the performance of this Agreement. Our sincere thank you and best wishes for the future to the City of Kenai. WEN/ma Yours very truly, Ad,&F � ,, I -- - 17 a- <O%rj Ib � 81, ;L o+ City of Cordova �� -'� N "The Friendly City" January 9, 1987 City of Kenai 210 Fidalgo Kenai, AR 99611 Attention: Mayor & Council Members The Cordova City Council at its regular meeting held January 5, 1987, adopted Resolution 87-1 (copy attached). This resolution expressed the Council's concern that the current State laws allowing for the possession and use of marijuana, tend to condone the use of marijuana and overlook the potentially dangerous results of its use. The Cordova City Council respectfully requests your support in urging our State Legislators to repeal those sections of the State law which allow for the possession and use of marijuana and to request that laws be enacted to establish criminal penalties for the possession and use of marijuana. Thank you for your support. Sincerely, D. Lynda Plant City Clerk Enclosure: Resolution 87-1 PO. Box WO 602 Railroad Avenue Cordova. Alaska 99574 Phone (907) 424-3237 or 424-3238 I— I i 0 RESOLUTION 87-1 A RESOLUTION OF THE CORDOVA CITY COUNCIL TO URGE THE ALASKA LEGISLATURE TO REPEAL LAWS ALLOWING FOR THE PERSONAL POSSESSION AND USE OF MARIJUANA WHEREAS, the State of Alaska is eligible for certain Federal grants for control of narcotics; and WHEREAS, the dangerous and grievous use of unlawful narcotics threatens the lives and well-being of many citizens of Alaska, especially, our young people; and WHEREAS, the Alaska State Statutes allow for personal possession and use of amounts of contraband and dangerous substances that would otherwise be illegal under Federal and State laws; and WHEREAS, these peculiar provisions of State law threaten the State of Alaska's eligibility for Federal funds for control of narcotics; and WHEREAS, these provisions serve no useful purpose in a - society that is outraged at the suffering and expense caused by drug abuse, NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cordova, Alaska, that the Legislature of the State of Alaska is urged to repeal those sections of the Alaska Statutes which allow personal possession and use of marijuana, and BE IT FURTHER RESOLVED that laws shall be enacted to establish criminal penalties for use and possession of marijuana. PASSED AND APPROVED THIS _5 DAY OF January , 1987. Vice -Mayor Don Narrance City clafk L. a MUNICIPALA ADVISER ALASKA LOCAL GOVERNMENT A publication for Alaska Communities provided as a courtesy by: January 1, 1987, Volume 1, No.3 HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN OPEN MEETINGS ACT THE EXCEPTIONS Gordon J. Tans Partner In the previous issue of THE MUNICIPAL ADVISER (Oc- tober 1. 1996) the scope of the opening meetings act and the implications of its violation were discussed. This article will discuss the exceptions to the open meetings act. Certain public bodies are excepted from the open meetings act by AS 44.62.310(d), while certain subjects of discussion of bodies otherwise covered by the act are excepted by AS 44.62.310(c). The public bodies excepted from the act will be discussed firs. CERTAIN PUBLIC BODIES ARE EXEMPT It is provided in AS 44.62.310(d) that the open meetings act does not apply at all to rive separate public bodies. Of the five, the one of major importance to local government units is the exception for quasi-judicial bodies when holding a meeting' solely to make a decision in an aditidicatory proceeding. This applies, for example, to the planning and zoning commission when it meets solely for the Rurpose of decsdin (not hearing) a zonin apReal, an ie to i council or assemblg when deciding appeals from the planning and zoning commission, board of w ing s. aso- lu iciai "55Ty is not a court. ut ac s like a court in determining the rights of individual parties according to the terms of ad- ministrative law. A quasi-judicial body is required to determine the facts and draw conclusions from them as a basis for its of- ficial action. For those municipalities which operate hospitals, two other ex- ceptions found in AS 44.62.310(d) will be of interest. The meetings of a hospital medical staff and the meetinsts of the governing body or any committee of a hospital, wen holding a mee n so e v o act u n matters of profession!uaTiiica- ttons, privii ems or discipline, are excepted from the re- quirements of the open meetings ac . Of no importance at all to municipalities are the exceptions for juries and parole or pardon boards. CERTAIN SUBJECTS MAY BE DISCUSSED IN EXECUTIVE SESSION AS 44.62.310(c) offers three general exceptions of subjects which may be discussed in an executive session of a body otherwise compelled to comply with the open meetings act. to page 2 WELCOME CONTRIBUTING AUTHORS In this issue we welcome an article from SUSAN L. CHRIS- TY, Sales Tax Administrator for the City/Borough of Juneau. Susan is responding to an article which appeared in our Oc- tober issue; look for her comments in the article entitled "Sales Tax Audits". MIKUNDA, COTTRELL & COMPANY follows up its Oc- tober submittals with an article in this issue authored by William C. Dobbins, senior accountant with the firm. Bill graduated from Eastern Washington University with bachelor of business administration degrees in professional accounting and management information systems. Currently Bill is the senior audit accountant for the municipalities of Kotzebue, Deering, Selawik. Chignik and Aniak. IN THIS ISSUE Local Hire - Practical Approaches ..............3 Open Meetings Act - Second in a Series.......... I Liability of Public Officials ....................6 Sales Thx Audits - Juneau's Experience ..........2 Pre Audit Preparation - A Simple Approach ...... S Whittier - "Unique Even in Alaska.. ............. 7 Employee Records, Pre -Hire Inquirfe4 ...........6 Privacy Consent Agendas - Streamlining Council......... 9 Meetings Community and Regional Affairs - Publiea- ...... S lions Available from the State Agency a . 2 Open Meetings Act (Cont'd.) First, a public body may discuss in executive session matters the immediate knowledge of which would clearly have an adverse effect upon the finance of the government unit. This exception embodies a stringent test. The information to be discussed must be such that it would clearly have an adverse ef- fect on finances. The b.aty wishing to discuss this information must make the initial detettninntion of whether public dissemination of the inl.nmution would clearly have an adverse effect on government tinmtct-%. Unfortunately. there has been no guidance given by the vault. on this question. Until we have the benefit of court interptetation of this language, public bodies should go into executive session based on this exception only with caution. The second exception under AS 44.62.310(c) allows public bodies to discuss in executive session subjects that tend to pre- judice the reputation and character of any person. This excep- tion will allow a public body to go into executive session, for example. to evaluate prospective or current employees. An im- portant point to remember, however, is that the person who is to be discussed has the right to demand that the discussion take place in public rather than in executive session. Furthermore, the Supreme Court has held that not only must the individual in question be given notice of the time and place of the meeting, but also the individual must be advised specifically of the right to demand public discussion. University of Alaska v. Geismuts, 666 P.2d 424 (Alaska 1983). The third exception for subjects which may be discussed in an executive session is for those "matters which by law, municipal charter. or ordinance are required to be confidential." State law does not have a major impact on municipalities under this provision. As for municipal charters and ordinances, each municipality must examine its own provisions to determine what must be kept confidential. It is entirely possible that the charter and ordinances of any particular municipality have no requirements of confidentiality. This exception to the open meetings act provides municipalities an opportunity to protect certain sensitive subjects from public disclosure. For example, some municipalities have adopted ordinances requiring that communications between their attorney and the municipality be kept confidential. A municipality might also require that discussions relating to on -going matters of litigation be kept confidential. Although this appears to be an open-ended invita- tion to legislate subjects which may be discussed in executive session, caution should be used in adopting such exceptions. Excess or indiscriminate use of this provision is likely to result in a change in state law or in a court challenge. Before any municipality adopts an ordinance requiring a subject to be kept confidential, there should be legitimate reasons for doing so and the subject should truly be one where the interests of the municipality and the public are advanced by withholding public disclosure. HOW TO CONVENE AN EXECUTIVE SESSION Before discussing in executive session any of the subjects authorized under AS 44.62.310(c), it is mandatory that the public body convene in public session, with reasonable public notice, and disclose the subject to be discussed prior to voting on the question of discussing the subject in the executive ses- sion. So far, experience has shown that when this procedure is followed by a public body, there is seldom a political or legal problem raised. It is when this procedure is ignored, either in- tentionally or unintentionally, that the public and the press become alarmed about the "secret meetings" and assume the worst about what transpired in such meetings. Thus, the prac- tical importance for following the proper procedure for calling an executive session is great. V r TAKE NO ACTION IN EXECUTIVE SESSION Finally, it is critical to know that even when a subject is authorized for discussion in executive session, no action may be taken on the subject in executive session. A public body is-. subject to the open meetings law must always take its action L_ open session. This does not mean that the public body may agree in executive session on what the result shall be and then return to open session to formalize it. It means that the actual decision on what action is to be taken shall be made in open session. This is admittedly a difficult thing to accomplish and even more difficult to enforce. However, one can be confident that if a court ever concluded that action was predetermined in an executive session and merely formalized in open session, it would find that the open meetings act had been violated. The various exceptions to the open meetings act require a thoughtful analysis by the public body before their use. The ex- ceptions are limited and the procedure for proper use of the ex- ceptions is technical. Our Supreme Court has said many times that it will construe the exceptions to the open meetings act very narrowly, as contrasted with the broad interpretation it gives to the applicability of the act. In these days, the courts, the press, and the public are keenly aware of the general re- quirements of the open meetings act. In light of this, a wise public body will attempt to accomplish as much of its business as possible in the public eye. It will resort to executive sessions only when truly necessary- and only after scrupulously follow- ing all of the technical requirements for a proper executive session. q SALES TAX AUDITS Susan L. Christ Sales Tax Administrator City/Borough of Juneau In the October 1, 1986, issue of The Municipal Adviser Mr. John Bost (Mikunda, Cottrell & Co.) wrote an article on "Sales Tax". In his article he said he did not know of a city that conducted its own audits of sales tax returns. My com- ments are directed to your readers to inform them that the City and Borough of Juneau has a sales tax staff of three —an ad- ministrator, an auditor and a tax clerk. As a team, we conduct 250 to 300 audits a year. Upon general direction from the sales tax administrator, the field auditor selects accounts to be audited. Categories of selec- tion are: • new businesses within their first year of operation • accounts which are going out of business or changing hands • delinquent accounts • trade categories • random selection Our objectives are to ensure that the tax ordinance is uniformly enforced, to encourage accurate reporting and remittance, and to promote proper collection by enhancing the merchants' understanding of the requirements and interpretations of the law as it pertains to his business. Our program has been successful both in terms of tax dollars recovered and increased merchant cooperation. It is our feeling that the merchants will collect the tax correctly if they under- 1 stand how it is to be applied. It is through our audit program 1 that %ve become aware of their questions and concerns. If any of your readers would like more information on our audit program, we would be happy to share our c%pencnce and expertise.M . ! -- - - LOCAL HIRE �arely have two words provoked so much emotional response Alaska. Ask ten people on the street in Alaska as to what 'local hire" mans to them and you'll likely get ten sermons on the evil of "outsiders". "carpetbaggers", etc. The emotions wrapped up in the local hire issue reflects a deep conviction among Alaskans as to the role of local governments in local economics. SUPREME COURT RULING Perhaps the most accurate description of the beliefs that underlie the local hire issue is that "...the purpose of the Local Hire Law is to exclude non-tesidents from public con- struction jobs so that more jobs will be available to Alaskans." (Robison v. Francis, 713 P2d 239 Op. No. 3011 AK Jan. 17, 1986) Unfortunately, the Alaska Supreme Court followed this comment with the following: In our view this is not a permissible justification for discrimination under the privileges and im- munities clause. The purpose of this article is to try to unravel some of the various threads that make up the "Local Hire" issue and then suggest some practical mans by which the underlying objec- tives sought by local hire proponents may be met. DUAL PURPOSE FUNDING There has been a concern for some time in Alaska, especially 'during the days of massive capital projects, that dollars spent build projects in Alaska should be paid to Alaskan .esidents. In other words, the dollars spent on a capital project ought to have two benefits for the local community: 1) to con- struct the needed facility; and 2)To boost the local economy through infusion of funds. This approach is not much different than that taken during the WPA days of the Great Depression, where "pump priming" and public works projects were viewed as not only providing needed facilities, but actually as a means of decreasing unemployment. Thus, the Alaskan Local Hire issue is at its very roots, an ef- fort to do two things with the public's construction dollar to build projects and, at the same time, to promote the local economy. It is in the second area that the controversies have arisen. There is little question that public dollars can be spent to pro- mote local economies. Harbors, airports, convention centers, trade missions, low interest business loans are all traditional methods whereby the public's money is spent to promote the private sector. In Alaska especially, the economic model of governmental neutrality or non-interference with the private sector simply hasn't been applied. Although extremely proud of their frontier individualistic spirit. Alaskans have perhaps had more governmental influence and intervention in the economy than any other state in the Union. Where else can you rind governmental operation of railroads, joint ventures between cities and private entities, loan programs that are sub- sidies to business, preferential or discounted leases and ar- rangements between local governments and "new and heneficial" industries? "i ite local hire issue is just a logical extension of the Alaskan experience of using public funds to establish or, more recently to preserve, a viable economy. V L THE CONSTITUTIONAL CONFLICT The problem with the extension of governmental influence into providing a preference for "local hire" is that the preference for local residents can run afoul a basic U.S. constitutional right --the privileges and immunities clause. Just a year ago the Alaska Supreme Court held in the case quoted above that an Alaskan State statute which required work on public construc- tion projects to be performed by Alaskan residents violated that constitutional provision. The Court held that the privilege to enter another state for the purpose of employment is a fun- damental right; and, because it is a fundamental right, it can only be abridged if there is a substantial reason to justify the individt-al state's action and if the mans employed by the statute closely relate to the interest served by the statute. In other words. on one hand we have the individual rights of each citizen, and on the other there must be a substantial state in- terest which is enforced by a statute closely relating to the in- terest being protected. So far, the court has been unwilling to find the state has met its burden of outweighing the in- dividual's right to travel. Thus, probably the universally ac- cepted motivation for local hire legislation is unacceptable under the Constitution. So what's a government to do? THE LEGISLATION SOLUTION The response of the Alaska Legislature was to attempt to dr- cumvent the Alaska Supreme Court's ruling by enacting legisla- tion that would only permit a local hire preference where there was some "peculiar evil", i.e., high unemployment, and that hiring of non-residents was the "source" of a peculiar evil. As a result of this attempt to formulate a plan that would per- mit local hire preferences, the Alaska Department of Labor has been working on developing regulations which would subdivide the state into various economic zones, analyze whether the zone had a peculiarly high rate of unemployment, social pro- blems attributable to lack of employment. and local unemploy- ment caused by non-residents taking available jobs. The problem is that it is fairly certain that, as the Alaska Supreme Court has indicated, it will be taking a hard line in reviewing any local hire statutes. The flexibility provided under the proposed regulations and the creation of zones may be the only way to survive the constitutional attack. But, keep in mind that the underlying purpose of the local hire provisions. at least in the minds of Alaskans, is to have Alaskan money that is spent on Alaskan projects go to Alaskan residents. THE LOCAL GOVERNMENT ISSUE At the local government level the issue becomes even more dif- ficult. Most residents of a particular community will probably be just as upset about not getting a job on a local government construction project of whether the job is taken by an "out- sider" who is a resident of another state or an "outsider" who is a resident of another Alaskan community. "Local" in this context doesn't mean "Alaskan it means the local community —the city, the village, perhaps the borough, but cer- tainly not the whole state. Is it even theoretically possible, then, to have a local hire or- dinance at the local governmental level that would survive a constitutional attack? Perhaps, but many communities are aware of the huge costs associated with defending such an or- dinance from constitutional attack and are: therefore, reluctant to pass a local hire ordinance when the only virtually certain outcome is that it will provide employment for the local city attorney. to page 4 3 In C Local Hire (Con't.) 4 PRACTICAL APPROACHES There are other ways to accomplish the same results. None by itself perhaps has the impact of a local hire ordinance; but, taken together they can provide a reasonable method for get- ting local projects built by local residents. Some of the methods that can be used are as follows: 1. Advertisements for bid. Businesses that are out of state or not local won't bid public projects they don't know abuut. Although many large companies subscribe to various local publications, most smaller companies do not. On relatively small projects there usually is no requirement to advertise throughout the State. Depending on local ordinance provisions and any requirements which may be imposed by the State or Federal Government if the project involves funding from those entities, advertisement "in a newspaper or other publication of general circulation" is normally considered sufficient notice. So. why advertise in state-wide publications or out-of-state publications for local projects. Of course, it is essential to realize that the reason for wide publication of public projects is to attract the most qualified contractor in terms of experience and cost. To the extent that a project is not widely publicized, the community runs the risk of not securing the most qualified bidder. But to local communities constructing "routine" pro- jects, it may well be that the local contractors are qualified and, even if a little more expensive, the community may be willing to pay the added costs for the perceived benefits of local hire. 2. Phasing of projects. Too often the local contractors can't bid local projects because they're "too big". Phasing of pro- jects in different distinct sub -projects can help by providing a series of relatively small projects that can be bid by local con- tractors. The risk a community runs in phasing a project is that the phases won't be compatible or on time —in other words, project ends up a mess. One way to avoid this is to take suffi- cient time to plan a project out over a period of time such that there is a time lag between phases. For example. in a street upgrade project the phases might be: 1) planning and engineer- ing; 2) acquisition of rights -of -way; 3) clearing; 4) rough grading; S) final grading; 6) paving; 7) installation of signs. and so on. Thus. a project which, under normal bidding pro- cedures would be expected to be awarded to a general contrac- tor could be divided amongst seven smaller contractors. 3. Local construction management. Local communities can supervise their own construction projects. For example, the city could hire an additional staff engineer (who was or would become a local resident) to perform some of the functions nor- mally done by the project engineering firth (usually not a local business). A word of caution about this approach, however. To the extent that a local community undertakes local construction management, it assumes a number of risks under the project. Faulty specifications, faulty inspection work, failure to be responsive to the contractors' requests, etc., can all mean the local government may have substantial claims on the project. Naturally. the larger the project the bigger the potential claims. 4. Force account work. Most local communities can handle small projects on a force account basis. This means that the local government uses an existing local contractor to do work beyond the original contract scope. U S. Use of the local government public works department. There is no prohibition to local governments handling local projects through the existing public works department. To the extent that the government hires local residents to perform the wort - this is one way of getting "local hire". 6. Waiver of bonding requirements. Some smaller local projects can be built by local contractors without the requirements of bid or construction bonding (AS 36.23.025). This ability is often overlooked in Alaska. Substitutes for bonds can be found, and exemptions can be made that would permit smaller local contractors to be competitive. 7. Requests for Proposals rather than bids. It is difficult. and possibly risky, for the council to hire a local contractor when an "outsider" has a lower bid. One way to avoid this problem, if local ordinances permit, is to request proposals from con- tractors rather than bids. Then, in the proposal evaluation pro• cess a number of factors can be taken into consideration, not just price. Although we suspect it might be difficult to justify the selection of one proposer over another solely on the basis that one is "local", there usually are a number of different criteria for selection. Of course, the risk here again is that the public may not get "the most project for the least amount of money"; but, to the extent that local hire is viewed as essen- tial. that risk might reasonably be taken. 8. Union contracts. Local communities that have collective bargaining agreements with unions should be careful when it comes time to negotiate "hiring hall" or other provisions whereby the union, not the local government, performs the hir- ing function. If the local community must take whoever the union sends, the union may well send outsiders. This is especially frustrating if there are qualified local residents wh,0 for one reason or another either aren't members of the union or aren't "on the list". One approach that will protect the union from losing control would be to provide for "union security". i.e., employees hired must become members of the union; but the hiring process would be left in the hands of the employer. 9. Jawboning. Although not normally recognized as a tactic, the establishment of a continual and close scrutiny of existing projects coupled with political statements can have an impact. If the governing body makes it clear publicly that "local hire" is important and it takes steps to monitor projects to see if "local hire" is actually taking place, it can produce enough political pressure that contractors themselves will give preference to local residents. On virtually all state -funded pro- jects, certified payrolls are required and it isn't that difficult for the local government administration to monitor who is working on the projects. Most contractors want to maintain a goot rapport with the local government and if that governmen- tal body and administration make it clear that local hire is im- portant to the community, then some positive results can be reached. MAKING THE BEST OF IT Although the concept of local hire still has appeal from a legislative standpoint, we wonder whether it is reasonable to expect a legislative solution. Perhaps a better approach is to use the above techniques to accomplish some of the same IL results. Because those techniques do not have the constitutio problems of the legislative approach. they may yield a more favorable result in the long run. ■ IN L.� PRE -AUDIT PREPARATION A USEFUL AND COST EFFECTIVE APPROACH TO A REQUIRED PROCESS William C. Dobbins, Senior Accountant Mikunda. Cottrell & Co. Over the last two years the Federal Government and the State of Alaska have increased audit requirements on grants, con- tracts, revenue sharing, and other forms of financial assistance. The greatest impact of this trend is that certain entities, small cities included, are required to be audited for the first time. There are many uncertainties in the minds of governmental managers as they face their first financial and compliance audits. These uncertainties are much easier to face when there is knowledge of how to prepare for the upcoming audit. FOCUS ON THE BASICS The audit will become an annual or biennial fact of life for most small cities. With proper preparation, the audit will be a positive and helpful management tool as well as a fulfillment of regulatory requirements. A CPA film is able to provide a properly prepared client with quality audit services and useful management advisement. The process for an unprepared entity is generally inure expensive and less understood by manage- ment. The preparation focus for the initial audit should be on the basics. Complete financial and grant records are essential for a cost effective audit. 'Four basic financial functions are essential to a smooth audit process. 1. Establish formal policies and procedures for all major ac- counting areas: the revenue cycle, the purchasing cycle, and payroll. 2. Record all disbursements and revenues at the time they oc- cur, preferably in a system of journals and carried through to a general ledger. 3. Maintain source documentation files. Alphabetical vendor riles and monthly revenue files must be established to organize support documentation. Vendor files should in- clude purchase requisition, purchase order, receiving report, check request, and check copy. Revenue files should include copic of checks or remittance vouchers attached to the valiclued deposit slips indicating prompt deposit in the Ci- ty's bank account. Payroll files must contain employee history including pay rate authorization, Fort W-4. approv- ed tiinesheets, and payroll action form authorizing miscellaneous employee withholdings. 4. Verify the accuracy of the entries. Two good examples of checks on the accuracy of the accounting system are recon- ciling monthly bank accounts, and agreeing balances in sub- sidiary journals such as accounts receivable with the general ledger balance. GRANT FILE ORGANIZATION Centralized and well organized grant files will be a focal point of the auditor's required compliance work. A suggested ap- roach to this area is filing all documents related to each grant individual multi -section file folders. This approach allows budget modifications, correspondence, reimbursement requests. financial reports, and documentation of major expenditures each in a separate section. READ AND FOLLOW GRANT REQUIREMENTS Specific compliance requirements are often spelled out in grant documents. These should be followed and documented by city personnel as they are obvious checklists for the compliance audit. There are also general requirements such as wage and equal employment requirements that will be tested. Disorgan- ized files do not preclude these tests for compliance. They do, however, prove to be obstacles which increase the likelihood of non-compliance and increase auditing costs. The audit is a source of management information. The auditor will evaluate internal controls and provide suggestions to enhance control over cash flow, investments, etc. Observations on the entity's chart of accounts and budget variations will aid budget development and control. Self -evaluation and prepara- tion will locate some areas requiring correction prior to the audit and increase responsiveness to audit suggestions. The key is to keep it simple. Start with the basics and approach the audit process with a goal of continual improvement. Avoid the cumbersome, resented and expensive audit with proper preparation. ■ COMMUNITY & REGIONAL AFFAIRS PUBLICATIONS Mike Black of the State Department of Community and Regional Affairs, Municipal and Regional Assistance Division. calls your attention to the following publications which are available through DCRA offices state-wide: Designing Floodproofed Residential Homes in Alaska . 1986 Capital Project Management - A Guidebook for the I Post -Grant Period - 1986 I What is Site Control ... and Why is it Important in Planning and Building Community Projects - 1986 If your municipality still hasn't enacted local code revisions pursuant to new Title 29 or taken action to comply with the Federal Voting Rights Act, there are also publications available to assist you in these areas. ■ MUNICIPAL LAW LIBRARY UPDATE We are attempting to expand our burgeoning municipal law library to include personnel regulations, position descriptions and salary schedules. If your city is a library participant and this information is not contained in your local code of or- dinances (but rather adopted by resolution or administrative act), we urge you to forward copies of this personnel informa- tion to us. We will compile a list of participants and make sure you receive a copy. This information will then be available for review and comparison under the same terms as the municipal codes. ■ 3 � L q A k.�44 R' 1 (1{ ?f -47 N. ,4. ,1• 1,0 3 K i R 6 LIABILITY OF PUBLIC OFFICIALS Donna P. Walker Associate Public service on local councils, commissions and boards offers vast opportunities for leadership, decision making and com- munity involvement. Of comparable vastness, however, are the potential legal entanglements one faces in serving in a public capacity. This is a growing area of concern for public officials, particularly in light of the increasing difficulty in obtaining liability insurance coverage for such officials. Suits against public officials are on the rise, particularly in the areas of tort, contract and civil rights. As theories of liability expand and cases multiply, insurance coverage becomes more difficult to procure, thereby increasing the personal liability exposure of individuals who publicly serve. Caught in this tangled web is the individual drawn to public service often for no, or little, compensation who suddenly finds himself a defendant in a lawsuit. Without liability insurance he has no alternative but to assume his own costs of defense and bear full responsibility for any judgments awarded. LIMITING PUBLIC OFFICIALS LIABILITY In Alaska, municipalities, their agents, officers and employees are given statutory immunity in a number of limited areas. These include the performance or failure to perform a discre- tionary function or duty; the granting or denying of licenses, permits, re -zoning or other entitlements; and the failure to in- spect for, discover or abate statutory or code violations, or health or safety hazards on private property (AS 09.65.070). Additionally, a recently -enacted statute provides that unless a public official's act or omission to act in the course and scope of official duties constitutes gross negligence, tort damages for personal injury, death or damage to property cannot be recovered from that individual (AS 09.17.050). Although these statutory provisions go a long way in limiting the liability of public officials, they do not foreclose all potential avenues of exposure, particularly in the growing area of civil rights litiga- tion. In these areas of immunity and limited liability, suits can still be filed that must be defended, if only to be summarily dismissed upon motion by the defendant because of the statutory protections. Having to expend even a relatively small amount for attorney's fees in such situations could prove financially burdensome to many who serve voluntarily or for small recompense in a public capacity. CODE PROVISIONS REQUIRING DEFENSE This bald exposure to defense costs and potential judgments can be a gross deterrent to many who might otherwise feel in- clined to hold public office. To assure that individuals in the good faith performance of their public duties do not expose their personal assets to the threat of litigation, some Alaskan cities already have code provisions requiring the local govern- ment to defend and indemnify individuals while serving on councils, boards and commissions. Other cities may wish to consider enacting such provisions. There is a great deal of latitude in drafting such provisions. Each city may make its own determination of the extent to which it will defend and in- demnify its officials. Traditionally, loval governments have drawn the line at not defending and indemnifying where the of- ficial has acted intentionally or maliciously, and in most in- stances will not pay any punitive damages assessed against the official. This would appear to be the most sound and most equitable approach. In order to attract qualified individuals to serve the public, focal governments should be ready and willing to stand behind them when they are sued for having acted in the course and within the scope of their duties. However, a city may not desire to (and public policy may very well dictate r against) indemnifying public officials when they act with iU motive or malicious intent in the name of public service. Therefore, any indemnity ordinance must strike a balance that will encourage public service by protecting personal assets, an will also encourage public servants to perform their duties ; scientiously and in good faith. ■ EMPLOYEE RECORDS, EMPLOYEE PRE -HIRE INQUIRIES, EMPLOYEE PRIVACY Kathleen O. Anderson Legal Assistant/Arbitrator EMPLOYEE RECORDS Alaska's employers are required to keep employee records relating to many aspects of employment. Under AS 23.10.100. records relating to name, address, occupation, rate of pay. amount paid each pay period, hours worked, etc. are to be kept not less than three years. Under 6 AAC 30.810. records relating to race, age, sex, position description, classification studies, payroll data, personnel files and other records kept "in the ordinary course of business" are to be kept for each and every employee and employee applicant for a period of two years. Various statutes of limitation may dictate the necessity of keep- ing records longer. We recommend that employee records. as above, be kept not less than seven years. We also suggest maintenance of a computerized or manual register of past employees, recording name, address, social security number. date of hire, date of termination, etc. EMPLOYEE APPLICATIONS The retention of such records, especially those of employee ap- plicants, may run afoul of other laws. rules and regulations. For example, the Anchorage Equal Rights Commission (AERC) has drafted "Guidelines for Employers — Pre - Employment Inquiries" outlining inappropriate pre- employment inquiries. Many questions relating to matters such as citizenship, arrest records, relatives, physical handicaps and economic status may be unlawful unless based on a "legitimate job need". We would suggest utilizing an application for employment that leaves response to such questions optional. EMPLOYEE PRIVACY Many potential problems exist for the employer with respect to maintaining employee privacy. For example, information given in response to inquiries about past or current employees s►..:ald be limited to name, position held, date hired and date ter- minated, in order to avoid possible claims of defamation. While many states have promulgated restrictive laws on the scope of employee privacy. Alaska's laves are unclear. Therefore, need for caution exists, especially in light of case law and certain federal regulations. Some issues you should be aware of -- no Alaska employer is permitted to require a polygraph examination for employment purposes (AS 23.10.037). the legality of inspecting employee lockers is questionable, "free speech" of public employees may be a constitutional right, required drug and alcohol tests may be an infringement on privacy. For a copy of the AERC publication referenced herein, note the number below and complete the return mail information on page 10. ■ •2314S Ai r a WHITTIER "UNIQUE, EVEN IN ALASKA" When a prior Whittier city manager added the phrase "Uni- que, Even in Alaska" to the City letterhead, one wonders whether she was contemplating the climate, housing, land ownership, transportation access. its people ... or even look- ing ahead with foresight to Whittier's future development plans. The city withstood a flood in 1948. a fire in 1953, and the 1964 earthquake. Not a lot of local eyebrows are lifted when one talks of 84-foot seasonal snowfalls and winds that keep people indoors for weeks at a time and blow those not exercising the "buddy system" from the harbor floats. Add to this list of natural disasters and harsh elements an intense communal liv. ing atmosphere and the constant inconveniences visited upon the residents by The Alaska Railroad's historical and con- sistently poor "on -time" record. Enduring, and often enjoying these elements common to their surroundings, Whittier's 300 plus residents display what could almost be described as a pen- chant for adaptability and testing one's survival skills. Whittier does have a history which precedes WW 11 days; however, it was the military base development at this northern- most ice -free port in the 1940s that focused attention on the community and impacts its growth even today. The buildings constructed by the Army during the war years now provide the majority of housing and commerical space available in Whit- tier. And, the method in which the Army disposed of its land holdings continues to stifle community control of its growth and development. CITY STATUS Construction funding for a small boat harbor provided the im- petus for Whittier to make the transition from an unincor- porated community to a fourth class municipality in 1969. Then, with the changes in Title 29, the City was reclassified as a second class city in 1972. Although for years residents have considered the pros and cons of being annexed to Anchorage, the recent, growing discussion of formation of a Prince William Sound borough, to include Cordova, Valdez and Whittier. has expanded their options and is the topic of much debate. LAND OWNERSHIP AND USE In 1973 the U.S. Army abandoned the majority of its holdings in Whittier and the federally -owned railroad was granted first selection rights, claiming virtually all the waterfront and adja- cent uplands. Being third in line after State selections, the Ar- my found the City an anxious purchaser when it offered for sale the Buckner and Hodge (later renamed the Begich Towers) buildings. A 5250,000 bond issue financed purchase of the structures, thus allowing the City to emerge as something more than just a paper entity. The Buckner Building was sold to a private developer in 1977. Unfortunately, the planned reconstruction has not taken place and the building currently sits in a state of disrepair, visible from throughout the community. To most residents this condi- tion seems preferable to the earlier publicized attempt to market the Buckner Building as the State's maximum security prison. Residents cite the confined quarters of the City and the impact of having the number of incarcerated individuals exceed the rest of the population as the reasons for not supporting the leaseholder's attempts to secure the prison contract. The City marketed Begich Towers as condominium units. Now home to anywhere from 60 to 800Io of the population, the City continues to hold the escrows on the individual units. The ground floor houses the city offices, post office, museum, a beauty shop, grocery store and small restaurant. A tunnel from the Towers to the school facility keeps many from having to brave the weather during the winter months. &guh Towers in baekgmund. Pnvarely owned restauranubar in fomsrouPA The City exercises planning, platting and land use powers. The Planning and Zoning Commission finished work on a new sub- division ordinance in 1985. With building, plumbing and elec- trical codes, as well as building permit requirements. the City has established the guidelines for controlled development. However, there is still the haunting problem of land ownership. The Alaska Railroad and U.S. government are the major land barons in Whittier, leaving less than 10% of the developable land available for private use. To find a single-family residence, one must drive out the road a few miles to find a cabin located on private property (no running water, no elec- tricity). After years of looking out their windows and seeing prime land lay vacant due to The Alaska Railroad's control, Whittier has turned its focus to development of the Emerald Cove and Shotgun Cove areas. In 1984 the State awarded Whittier 600 plus acres from 7 to 9 miles out the road and Whittier is staking its future on this area. An RFP to develop Emerald Cove was published in trade journals world-wide and has sparked international interest. With a December 31, 1986. deadline for submittal, the City an- ticipated an interesting mix of responses, including some from foreign developers. CITY ADMINISTRATION Not new to city government, but new with a gavel, Mayor Georgia Buck oversees a municipality which provides essential services to its residents. City government is financed locally by a 5 mil property tax and 309 sales tax. The council is composed of long-term residents as well as newly -elected members who have lived in the community less than two years. With an estimated 25% turnover in population annually, it follows that almost all of the residents of Whittier who have been there for any length of time have served one or more terms on the governing body. Following up his position as the first full-time administrator for Thorne Bay, Dr. Courtland Ofelt accepted the position as Whittier City Manager this past August. Past Alaskan ex- periences have been in the area of education/school administra- tion in Kodiak and Nenana. With more than a quarter of a to page 8 i 7 s f' q h ,R Whittier (Con't.) million people passing through Whittier each year (ferry and cruise ship patrons). Dr. Ofelt is charged with the challenge to find a way to derive revenue from the operations and passage of people over the docks not owned by the City. CITY SERVICES Although the wells are owned by The Alaska Railroad. the Ci- ty provides the local water service. Tests have shown that near- ly twice as much water is pumped over and above what is used. Major line damaa.: appears to h-ve been caused by the 1964 earthquake and repair is on the City's long-term priority list. Sewer service is in the form of a modified settling tank system with deep water discharge. Because of the lack of an acceptable landfill site, the City provides refuse disposal in the form of an incinerator. In addition to these responsibilities, the public works department also maintains approximately 9 miles of largely unimproved roads. dealing with dust control in the summer and snow removal in the winter. Headquarters for the public works crew is in a city -owned building shared with a private seafood processing entity and the U.S. Army. The public safety staff is composed of a police chief and one officer. Emergency services include an ambulance capable of running on the railroad tracks. Although there are no doctors in Whittier, the City operates a clinic staffed by a physician assistant. The volunteer fire department operates from a fire station situated on land owned by the U.S. Fish and Wildlife Service. The fire station building also houses the public safety staff and the magistrate's offices which serve double duty as the city council chambers. Electrical service is supplied by Chugach Electric. With outages common, all of the major buildings have back-up generators; additionally, the City operates a number of emergency generators. The State-owned small boat harbor is leased to the City and manned by City staff. The 332-berth facility accommodates in excess of 400 vessels at the present time. Review of the current renters and the 4-year waiting list bears witness to the fact that it is Anchorage residents who tax the current capabilities of the facility. The Harbor Commission and a separate Port Commis- sion make recommendations to council on harbor operations and port development. Recently, the City was successful in its effort to lease Railroad land adjacent to the harbor; it will be made available for sublease to local merchants. R There is a community library and the city donates the space in the Begich Towers which houses the museum. sill Whinier Small Boar Harbur SCHOOL The school, its teachers and curriculum are spoken of highly by Whittier residents. Part of the Chugach School District l' MEW. lmentthe of 32 students. The covered playground t prodvitdes enrol students with some protection from the weather. The new gym- nasium is the "pride and joy" of the residents and head- quarters for an active community school program. LOCAL SERVICES In addition to the commercial businesses located on the first floor of the Becich Towers. there are three additional grocery stores and two restaurant/bar/hotel establishments which func- tion as local gathering centers (one also serves as the "bank'). The gas station ansists of tanks/pumps in the small boat har- bor area, owned by the City but leased to a private operator. Three fish processing plants operate on a seasonal basis. Com- mercial services are not extensive because most residents travel to Anchorage to do the majority of their shopping. Television and radio reception are available but limited. The ci. ty is currently looking forward to an upgrade in its telephone service by use of a two-way microwave dish. TRANSPORTATION Joining land ownership as a factor which limits Whittier's development,growth and to Portage, and, thus Anchorage and the r t of SouthcentralAlaska.forces Whittier to operate within the confines of The Alaska Railroad's train schedule. Whittier residents may disagree on many issues but they are united in affirming that the service provided by the Railroad when it was an entity of the Federal Government, although not great, was superior to the service they now receive from the State -run entity. In the second attempt in as many years, Whittier is lobbying for legislative passage of a bill which would authorize a toll' authority to construct a road extension from Portage to the community. Not only could travelers come and go on their own schedules, most feel that the toll necessary to pay off the construction debt and maintain the road would be much less than the current Railroad fees. One long-term resident has calculated that if the same per -mile fee charged to travel from Whittier to Portage were charged from San Francisco to New York, the tab would be in excess of $3,000 — and let's not discuss the time it would take to get there! But residents are forthright in stating that the road will be built not when they want it but, rather, when Anchorage residents demand better. more reliable access to their boats, to the excellent diving and other marine -related recreational activities. and to the ferry which runs regularly to Valdez and Cordova. THEFUTURE The City is currently in the process of finalizing plans for development of a full -service camper park on land located near the school and leased from the Railroad. It is expected that commercial activity will be greatly stimulated by the 17 retail parcels near the existing small boat harbor which have just recently been made available for sublease. The Army has publicized plans to greatly increase the size of its tank farm. it is unknown how much this expansion will im- pact the local economy, but it is a clear indication that the pipeline running from Whittier to Anchorage, supplying all the aviation fuel to Elmendorf AFB will continue to act as the lifeline for Alaska's air defense. Initial discussion of formation of a Prince William Sound borough has led to a formation of a coalition of Whit- tier/Valdez/Cordova leaders who are working together to enhance common commercial and recreational interests and cultivate what could be called a triangle tourist trade. + Y , L Whittier (con-t.) By the time this article is published. Whittier will have had a chance to review the proposals for development of the Emerald Cove and Shotgun Cove areas. The development is expected to tclude a small boat harbor at Shotgun Cove, single-family residences and multi -family structures to accommodate seasonal traffic. Whittier is in somewhat of a Catch-22, chicken/egg dilemma with the Emerald/Shotgun Cove development and the road to Portage. Some feel there is not adequate justification for the road until more land is opened up for development and addi- tional vessel moorage is made available. Others feel that the demand for additional developable land and moorage will not come to pass until easier access to Whittier is available. in either event, there appears to be no disagreement that these two issues are of the highest priority for Whittier residents. And, as one local leader states, to live in Whittier peacefully one must learn the an of disagreeing without being disagreeable. The friendly community exudes the mastery of this art. CONSENT AGENDAS A PROCEDURE TO STREAMLINE COUNCIL MEETINGS JoAnne E. Yerkes, CMC Legal Assistant �w will dispute the theory that the more hours required to nclude council business, the less effective become the deci- sions made during those late -night hours. There is probably some correlation here to the law of diminishing returns. Many cities are enacting ordinances which prohibit official action after the midnight hour. The consent agenda (or calendar) is one procedure which is be- ing used by a number of communities of varying sizes throughout the State to efficiently deal with complex agendas in a manageable time frame. A consent agenda is nothing more than a listing of items presented to council, each indicating the administration's recommended action. With enabling legisla- tion, the council may act upon the entire list by a single mo- tion. Items which lend themselves to placement on the consent agen- da are items considered of a routine nature, such as reports submitted for council information, claims and bills which are budgeted expenses, correspondence which can be handled by an administrative response, and alcoholic beverage license renewals. Some consent agendas even include such items as bid awards. ordinances for introduction, and resolutions. CODE AMENDMENT REQUIRED To initiate a consent agenda procedure. a city should amend the section of its code which sets forth the order of business for council meetings. For example: I. Call to Order 11. Roll Call I11. Approval of Minutes IY. Approval of Consent and Regular Ateeting Agendas \•A AGENDA FORMAT Items on the consent agenda follow the printed regular agenda, oftentimes as an attachment thereto. A familiar format is: City Manager's Item Recommendation 1. XYZ bill for May 1986. i.. Approve for payment and file the amount of $278.65 2. May 15, 1986, letter from Direct city clerk to forward John Green regarding requested information zoning 3. Planning a-d Zoring For information and file Commission mating minutes of May 3, 1996 This procedure does not preclude the council from removing an item from the consent agenda and placing it under the ap- propriate portion of the regular agenda for full consideration and discussion. The motion approving the consent and regular mating agendas "as amended" would accomplish the move. MINUTES PREPARATION When the city clerk prepares the minutes of the meeting, each item on the consent agenda is listed as if acted upon individual- ly by the council. For example: IV. Approval of Consent and Regular Meeting Agendas It was moved by Jones, seconded by Smith and unanimously carried by all those present to approve the consent and regular meeting agendas as presented. and the following actions were taken: 1. XYZ bill for May 1986. in the amount of $279.65, was approved for payment and filed. 2. May 15, 1986, letter from John Green regarding zon- ing was noted. The city clerk was directed to forward the requested information to Green. The consent agenda provides the necessary record that council acted upon a specific item without demanding the time for in- dividual motions. The procedure allows the council to spend more time focusing on the critical issues facing the city by effi- ciently responding to the routine matters. For specific information on Alaskan municipalities utilizing the consent agenda or consent calendar procedure, and copies of the related enabling legislation, note the number below and complete the return mail information on page 10. •1635S SAVE YOUR COPIES Save your copies of THE MUNICIPAL ADVISER. Due to an overwhelming, positive response to the newsletter, we will be preparing a cumulative annual index for the publication. The index will provide an easy reference to subjects covered in in- dividual issues. If you have any other ideas on how this publication can pro. vide more assistance to you in fulfilling your role as a municipal official, let us know! i 9 J L i r The Municipal Adviser is published by Hughes, Thorsness, Gantz, Powell & Brundin and is mailed without charge to all small Alaskan' communities. it is also available to government agencies and municipal prufcssiunai otganitatioos upon request. Other entities may subscribe to the publication at an annual rate of S50.00 (4 issues). By publishing The Municipal Adviser, Hughes, Thotsness, Gantz, Powell & Brundin is not acting as legal counsel. Our purpose is to provide a forum for discussion and exchange of information on issues of concern to small Alaskan communities. Although we bellgoN the information presented herein is accurate, the general discussion of various issues addressed in the newsletter may not be appropi<, when applied to certain specific situations. We urge cities to consult their legal counsel regarding the actual application of information presented in this publication. If you are a current recipient and wish to correct trailing information; or. if you wish to subscribe to the quarterly, please supply the information requested below. New subscription request Change Name Title/Office Term Expires: (if applicable) Mailing Address Telephone Number We appreciate any comments you may wish to make on how The Municipal Adviser can better serve local government officials. Deadline for receipt of articles is the 15th of the month preceding publication. if you wish more information on any article displaying an •. list the number of the article below and complete the mailing information above. Return to: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN Attention: The Municipal Adviser 509 West Third Avenue ANCHORAGE, AK 99501-2273 G I9W, Hughes. Thowwsa. Gantt PoweU and Brundin (907) 274-7522 THE MUNICIPAL ADVISER HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN 509 %best Third Avenue Anchorage, Alaska 99501-2273 William J. Brighton, Manager City of Kenai 210 Fidalgo Kenai, Alaska 99611 L BULK RATE V.S. POSTAGE PAID PMIT NO 846 ANCHORAGE. AK I r NF0.20 carmen mincent gintoii. architect 130 trading bay road, suite 330 kenai, alaska 99611 907 283.7732 rJ, JANT987 �+ January 28, 1987 d Ksw City of Kenai 7210 '"` Kenai, AKg99611 '""�► Attention: Keith Kornelis, Director Public Works Department Res Invoice for Observation Services #6 Automated Flight Service Station 12/27/86 through 1/27/87 CONTRACT AMOUNT: S 30.000.00 ' DUE THIS INVOICE: S 1,895,00_� PREVIOUS EARNED: S 4726 .w TOTAL EARNED: $ I1% 1fiQ'q0_ LESS PAYMENTS: 9-17,265AO 11, 3105.� WE: S 1.895.00-� rl,C THAW YOU L L t M - y/v WINCE 0WRTHELL• BRYSON `�90oO, �S 7 CONSULTING ENGINEERS , ► O sox 1041 907.293.4672 KENAI. ALASKA 99611 , f City of Kenai JAH1987 210 Fidaleo Street 1"f".tIM.r Kenai. Alaska 99611 cir, of ria1ai 21. 1986 -Job 086-33 Final Sub 1 ect 2 EI i 1 1 i rea for, Lawtar Koad a Water and sews - final Please consider this Irtivoice r^endered can the subject Drotect --- through Jal-rrlar•y 21, 1986 t 's Enq i nepr V I I 70.0 hrs 111 $58. 00 14, 060. 00 � I 4, 742. ut>� f EnUI Weer T I 1 364. U hrs C4�:1. 5p� 405.00-" Tvoinq/Draftirla 13.5 hrs Cd 3t=1.00+� 2s4.00 t Mvlars 78 s.f. @ $3.00/s.f. 385. 35 � Pl i lace 1101 m i . @ >E. 35 10% 45.61� Fi ltn/bevel�ag $41. 46-+ Fi Im/Dee Invoice #86041 (1) (2) 7600 +10% 8, 360.00-- Invoice #Y86041 (3) 2980 +10X 3.278.00� Invoice #86-041 (4) 180."+10% 198.00� l'estino Invoice 05549 380 +10% 785 +10% 418.CIO i 863 Invoice 05626 - No Tax Total Amount Billed ` s.32, 989. 46 pr•ev iotts Payment $31. 346. 50. j fatal Amount Due I certify that the above charges are correct. If you have any auestiorre recarding this matter, please contact me at this office. Very truly yours. � WINCE -CUR (HELL-BRYSON i Ph11ip W. Vs n cor.tr-wr = pr3r 776.vo n Philip W Bryson P E L Alan N Carlh.II ► E ,., _ Lj .f141'�A• ... � ... �i.Ua cir bit -- Fronk W Wince ► E hecdn�+cter I?ezt!inf insl I V. Activity' Des c;.t:al tination . 3 -tom_ (PcSgo 1010�5 s Zo (o 10 5 (010 35 a L" 0Ga i loto 5 5 ., ► o t.o++e-bL I lot b 5 N i -33 (ell j3S Zo n I K u �, 2Sn4o t :G3IL"., ii?:.�Aor: •i't�CO::D r t i i Month [?es. ` Activity Vestination 5 fc Oit -33 'LA&Ifb^ Pi 3c7 u IA �. .. _ � •• u Q Z 1 N .41 Z i 1 t 31 f � r r--i. _ r a ' ' t •4 i1 i snood'n teter Pending lnitial m i !,!t s Activity' —r-m�Wdas (4). Destination . 07 L4 u) AN f Ve- T? CoZ311 C> (aZ337 I Z(o-- Z,9 1 7344 1 (*QCde— Z7- 1 131 taUzG 4,z447 u- A2461f 24,17 Z3 17--- &ZOI 6 Z613 t-z(ort 1 40 JaVO-30--1 k1f,77 --- _A7. .1 ............... *7 (a U, 9 z i (4 7711 - 37 1 &17 73 i_Z7 -i-i �ZToo I 28 7-9 Z- jZ 4z9z4 13 q will R Ile -i (07113 (07,5161 apee 1 '5ol2oiiia —:1'4) 5freeMGT35 3S U 0112 WIZI t, L ot, G31-52 46 1 I (0.11ol 6 3 IV —I 33— 1 r m^L_ONC !_mwmwm-e x VC3 BOX 566 KENAI ALASKA 996i1 4907) 283-7733 WINCE-CORTHELL-BRYSON BOX 1041 i<ENAI. AK 99611. J ORIGINAL BILLING DATE: 10/13/86 OTHER BILLING DATES: � 11/13/86 STATEMENT 86-041 (4) 1986 LAWTON DRIVE CONTRUCTION 9/24/86 RESET 1/4 CORNER MONUMENT FOR SECTIONS 3 & 34' 2 MEN 1.5 HOURS S 180.00 i If. MALONE TOTAL DUE $ 180.00 L r- CUSTOMER'S STATEMENT tY -I-Y w AMOUNT' T A Xj .TOTAI. (.43. 9.11 Thank you for your patronage. 16-61 Ilope our CGS system can serve you again. CUSTOMER'S STATEMENT 0' Ty AMOUNT IIR I INT T A X Thank vIlki for your patronage. 11"llf- our QS3 system can serve Y-111 again. CUSTOMER'S STATEMENT 0111' DATE! J Ty AMOUNT V. it It Q. 1' A X Thmik , von for your patronage. hope.,lor CGS system can serve you Pgaill. r-y 2? ram, 7N N& 4 `7 5 o 5 60 4G� rn�. 41rP4 001 L L 1 - i WINCE • CORTHELL • BRYSON ,��� Y�popto 9I - CONSULTING ENGINEERS P O Son 1041 907.423-4672 i KENAI. ALASKA 99611 City of Kenai .� 210 Fiaaloo, Street �`51 Kenai, Alaska 99611 ; �. �� .�:January 21. � 1967 • Job b6.37 Final Suclect: Biliinu Hr.roort Way Inspect. ,Ion F1nai _ Piease consiaer tnis billing for insoection services renaered on the subject at-olect throurki January 21, 1986. Enoir,eer V I I 332.5 hrs. @ $58. 00 � $19.343. OCi ✓ - -_- Eno ineer ill 2.0 nrs. Ca S40. 50/ 61.0c:l Sr. insoector (Temoorary -' 4 Realacenlent for Eno. C. Madoen) .26. 0 h1rs. @ ` ,+1.5C1-"' 1. c )79.0c) Tyoa no i:-ra ft i no 14.5 nrs. @ $30. 60-1 435. 04" Mylars 72 s. f. @ $3. 00/S. F. 2Is. ou-*- M i lace 464 nil. La $0. 35 162. 40 Survev i no invoice #86656 (1) 3340.00 + 10% 3. 6 74. 00 1 nvo 1 ce #86058 (2) 8320. (10 + 10% 9, 152. OU � I r,v in i ce #86058 (3) 6240. 00 + 10% 6. 864. oO Invoice i*86058 (4) 524a.50-"+ 10% 3.556.75� (� Test i no invoice #5641 1370. 00 + 10% 1. 5u7. oU 1- I r invoice, 45727 2.757. 50 + 10% 31033. 25 iotat `b49. 113.40 '1 Previous Amount Paid $,+8.09.3 Oct ✓ ` fatal Amount Due `a1.U14.4i1 �' i If you nave anv cuestions reoar•dina this matter, please contact us at this office at your convenience. � i Yours Truly, WINCE-CORTI-ELL-BR`r SON -Bryson ti31 ID W. i �9119 Coht^sr,f = S-00 MR cep. , • Lk- t Philip W eryron P E Alan N Corrholi P E Frank W Wince ?a L f coal M&lay "lu Z7 rYti s�Jb 40+A-L 7 1'1fL4- ID" :! �1� l�� �!g lg� 50rr%A'. ���� ts� kirpDri ftv" Cd r-. 0 Tr}AL..C7NE= ''"aURVE`f'StVG BOX 566 KENAI ALASKA 99611 ( 907 ) 283-77 33 v Of sL/ WINCE-CORTHELL-BRYSON BOX 1041 KENAI, AK 99611 original date-SEPTEMBER 23, 1986 cor.^ected 9/29/86 STATEMENT NO. 86-058 ( 4 ) AIRPORT WAY CONSTRUCTION SURVEYING DATE WORK PARTY TIME AMOUNT 9/2/ X-SEC PVMT 2 M 2 HRS $ 240 9/8/86 STREET LIGHTS 2 M 7 HRS 840 t. 9/9/86 RED TOPS 2 M 1 MR 120 9/9/86 PED TOPS 3 M 4 )-IRS 640 9/12/86 BLUE TOPS 3 M 3.5 HRS 560 9/13/96 BLUE TOPS 3 M 4 HRS 640 GJV V 9/18/86 SIGNS 1 M 4.5 HRS 202.50 ►��1ot � � TOTAL THIS INVOICE 3242.50 �►t l� STATEMENT NO. (3) BILLED 8/31/86 6240.00 PAYMENTS TO DATE CHECK AMOUNT NO. PAID STATEMENT NO. ( 1 ) 6328 $ 3340.00 STATEMENT NO. (2) 6346 8320.00 0 TOTAL WORK DONE TO DATE $' 2 E PAYMENTS TO DATE $ 11660.0 A"OUNT DUE U."IDER AGREEMSN not -to -exceed) $ p i If fz C& THIS IS THE BALANCE WITHIN THE ESTIMATE WHICH I PROVIDED TO CA;EY MADDEN. THE MONUMENTS MUST STILL DE REPLACED ON THIS PROJECT. I WILL REPLACE T14E MONUMENTS WHEN ALL CONSTRUCTION WORK IS COMPLETE. i Ur-H MALONE Pl. S 1 L r O n QUUUU[3 O0 V% 10 N N o N �-.— O O of G Z V SW I.. O Y W d < Z O IL< o V r �o U.a r O N X W ►-- W � cat O►- oc r_ �HU4 W G G o o m� s k i �� o 13 0. t�T._i�_Qe.w►`o .r.. C u a°ic J z �Os O W 1 u i C o O r M M RIPIMP'� w c C r '` to ix c o w 7 � M ."• f ='c v tin C O ; V � 0400 ae y V " t gV o Z w to f n N c0 tp co I to O\ 01 tO N n J O N N O • t..hoo C P OZ 7 w C, Z 0 tyf�1 M. Y O O me ° �Am u tn�hg `o W r C U WAv` SV W [ P O - O < d ¢ o w V < o g d ! v � E odd E 0v 900 N 4 �'•;u Ew me r S • .a7W4 waL—v, .4:'AZP<7 4.L N9�1f� ni4� .�tiiavd LSO ?L 9rr�a-si ZWF O — ;?3 w •r w Q U J w Y F : V o � 7 °p o W C OV lV J 7 �J W ♦ : 5 e v a . <. < <cc 116 z 'ro St 180, V O V± C �/ Yi 2 OE �c i G <V V � ° max an t o�.0's a b ti d V ve.'.. � i � C ii � '• 4 t� ��� CL, A- ri OJ 2d *J- Lya v C U p N a5 L toO 1O o o Y "rid r E f of vi C± M O O v o` ex oQ�r� fYY 6; o� 1 Cke O .I ` Oc � � E i � 61 1. � u n • � �.' � .. � Ev IN AA -a� CITY OF K 2 4 414"aft piw 210 FMALQO KENAI, ALASKA 9W TELEPNONr&M-75N MEMORANDUM TO: Councilmembers City of Kenai FROM: Randy Ernst, Airport Manager City of Kenai DATE: January 28, 1987 RE: Pre-Application/Kenai Municipal Airport Float Plane Facility I have filed the attached FAA pre -application (1/28/87), requesting the City of Kenai's A.I.P. funds for the construction of a float plane facility at the Kenai Municipal Airport. I In would like to point out the amount of $1,795,508.00 includes a ten percent (10%) contingency on the cost of the basic bid as outlined in Wm. J. Nelson & Associates' bid schedule dated December 23, 1986 which is included in the pre -application. Further expenses will include inspection costs ($196,000.00) and Additive Alternate No. 1 with its ten percent (10%) contingency ($178,200.00). These additional costs, plus the applicants portion of the pre -application, will be picked up with the hold- over funds from the state grant (main apron extension), plus City airport monies left in the apron project. The total cost of the project will be: LM r Federal (93.75%) City/State (6.25%) A.I.P. Pre -Application $1,683,289.00 $ 112,219.00 Additive Alternate No. 1 178,200.00 Inspection 196,000.00 TOTALS $1,683,289.00 $ 486,419.00 TOTAL PROJECT COST: $2,169,708 (Federal + City/State) L L. The total project cost of $2,169,708.00 does not include land acquisition costs. A separate pre -application for A.I.P. funds will be filed once the court ascertains the value of the land plus any subsequent court costs. A complete copy of the A.I.P. pre -application is on file in my office and in the office of the Public Works Director. RE/clf Attachment I 2 L L ;1 FEDERAL ASSISTANCE 2C�r's " �'AAPPP"u. """"BE" CATION 1. TYPE CA 1 jj NOTICE OF INTENT (OPTIONAL) �• a OATQ FIER 19 a PATE SUBMISSION men (MMA AP O PRE/wPtiCl►TIoN r«..�.�,A 1q AMa M ASSIGNED r e. mad 1q ❑ APPLICATION 19 87 01 24 BY sTATE to Low lJuut A. LEGAL APPLIGWT/RECIPIENT - L EMPLOYER IDENTIFICATION NUMBER WN) aAPI)MMUama City of Kenai 92-600-1559 a SVINUPA Boa 210 Fidalgo Street PRO- a NUMBER 1210 1. 11 10 121 dtCh Kenai a Coulay GRAM t $tale Alaska 4 ZIP con.. 99611 WNW CF" MULTIPLE ❑ A Contest Person fft w a TITLE A hki+»eNA/ Randy Ernst (907)283-7951 A.I.P. 7. TITLE OF APPLICANTS PROJECT (Use seedw IV of Vft fans w lxowde a &AWWY of 1M >L TYPE OF APPLICANT/RECIPIENT 11''! Construct a float plane runway approximately 3'500, 6-w�w�w...9I x 150' with turn -around and approximately 300' x 300' .. w.�1101 channel connecting the float plane runway to the existing ($011ck water reservoir. Re -develop reservoir into main taxiway, &WWigNbek. construct limited access (land) taxiway, and automobile accessrnad P. AREA OF PROJECT IMPACT (Noon WeNat emnam swa eW 10. ESTIMATED NUMBER 11. TYPE OF ASSISTANCE OF PERSONS BENEFITING 4 ft"O' c ie 0-ftw1how Kenai, North Kenai, Soldotna, Sterling, AK 35,000 a-+411101 GO" `_OMB I= IL PROPOSED FUNDING 13 CONGRESSIONAL DISTRICTS OR u. IYPE OF APPLICATION A-1W 0-001" h er1�n FEDERAL t 683 289 .00 I t APPLICANT a PROJECT a -"a""' °-01e""""' s w.,N.rwhor APPLICANT 112,219 w Alaska Alaska 17. 711K OF CKANU OW I& or /ey A -Mau» ow. r-p.6yr<(Qrk L STATE Ao IL PROJECT START IL PROJECT e-wau..Do" t LOCAL .00 DATE IMP MON A day DURATION 0_41W�0000 air N/A L OTHER oo 1 to 87 08 1 10 AMOMAs a- cararar f„a � 1t DATE DUE TO rw wad Oej iwaMealp Tow Is1,795,508 .00j FEDERALAGENCY. 1087 01 31 1 It FEDERAL AGENCY TORECEIVE REQUEST Federal Aviation Administration i ORGANIZATIONAL UNIT (IF APPROPRIATE) a ADMINISTRATIVE CONTACT (IF KNOWN) j Planning and Programming Branch, AK Floyd H. Pattison 4 a ADDRESS 701 "C" Street, Box 14, Anchorage, Alaska 99513 22 To go Oat of my knowledge wd Oeket. a. YES. THIS NOTICE OF INTENT/PREAI)PLICATiON/APPLICATION WAS MAI THE data In ttaa PreappYcation/apptkoatlon EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: APPLICANT NO ON and Correa,11W document Ass LATE CERTIiIEs bm d* sombw by UIe ga*ff&q j THAT► body of ttw apptkwnt and the sp ou I wlteomPIYWdhlfwatt &Adatlarances a NO. PROGRAM IS NOT COVERED BY E.O. 12372 ❑ Y QM aWLna IS aI>Oreeed. OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW ❑ L TYPED NAME AND TITLE a SIGNA CE CERTIFYING E SEWATtVE Randy Ernst, Airport Manager NTA 24. APAPPLICA. roe weeny 4P --]IL FEOERAL APPLICATION IDENTIONIFICATNU 2& FEDERAL GRANT RECEIVED 19 27. ACTION TAKEN 23. FUNDING raw wok doh O L AWARDED 2e. ACT10N DATE► 19 O a REJECTED O a RETURNED FOR FEDERAL a FRAL ! AO 31. CONTACT FOR ADDITIONAL INFORMA• AMENDMENT a TION (N~ oed APPLICANT 00 OAO+edr'/ ita RETURNED FOR e. STATE .00 , E.0.12372 SUBMISSION By APPLICANT TO d. LOCAL 00 STATE O c DEFERRED a OTHER 00 # O L WITHDRAWN It. TOTAL = JIO ti PREYWUSEDITKW �i i; i IDENTIFICATION NUMBER N/A REMARKS ADDED 'E 10 REMARKS ADDED ❑ Yes ❑ No 'ORM 424 PAGE t Mm. I.aet i DEPARTMENT OF TRANSPORTATION - FEozitAL AVIATION ADMINISTRATION PREAPPLICATION FOR FEDERAL ASSISTANCE PART 11 Quo No oil? 1. Does this assistance request require state, local, regional or other priority rating? X Yes No State b Local L Does this assistance require State or local advisory, educational or health clearance? Yes --A—No 3. Does this assistance request require Clearinghouse review? % Yes No s 4. Does this assistance request require State, local, regional or other planning approval?X Yes No S. is the proposed project covered by an approved comprehensive plan?_X__,_ Yes No { - 6. Will the assistance requested serve a Federal installation? Yes X No ! _ 7, Will the assistance requested be on Federal land or installation Yes x_ No 8. Will the assistance requested have an effect on the environmerdlx Yes No i, 9. Will the assistance requested cause the displacement of individuals, families, businesses, or farms? Yes _�i_No r 10. Is there other related assistance for this project previous, pending, or anticipated? Yes No ' PART Ill — PROJECT BUDGET FE9ER4L CATALOG NUMBER t.) TYPE Of ASSISTANCE LQA M. GRANT, ETC. tbI FIRST BUDGET PERIOD BALANCE OF PROJECT TOTAL ,, A 1. A.I.Y. $1,683,289 i 2. 3. S. 6,Totai Federal Contribution s s S 1,683,289 7. State Contribution 8. Applicant Contribution 112,219 9.Other Contributions 10.Totals S S S 1,795,508 PART IV — PROGRAM NARRATIVE STATEMENT (AN«A pot insNuciion) L J h t♦ ` r , ._. 117/86 eoUNc11-IINFO,...,,,,__ Wm. J. Nelson& Associates tTlt��. CFVL.��I 216FIDALW. SUITE 204 KENAI. ALASKA 88811 P30712.83.3683 ^in'►s?n ATE December 23, 1986 �+1i' ,�p� r •� , �,4a ` 1, Keith Kornel i s ! Z,�`c1 w �';'- �: - ,• ; .`.=1• , , Public Works Director ..City of Kenai a.i • •,:•t^� ;;1�' .�;,t�Etilti vuattc W04 -A i • 210 Fidalgo St. ~. P ���•, PAC Dom• :. 1 ... Kenai , AK 99611 Wtt i Se►« J I. i'' I ' i.. .y i- , ; . +•i Sea ..,..0 st/dlf '`+ i" Re:• Kenai Float Plane Facility3 SWj w:•�: i�:t . 1 i i I' i •� 'I.:t i t 1 I. �,1, ••+ 's r•:.t' Dear Keith: d I have estimated the cost of the Kenai Float Plane Facility as 1- ;.'... Follows:. L Basic+ Bid Construction. ;;.. ,.;•: - t1,632,280 .,. .J_. • ..,_ ., 1 1•"i: f: •'i�•.•{:'. I•: 1,.,4,Y• 1y��. .: iiI ''.jS S•1.•.y •1:1•i� .,I.. i..a.: '.1. i '1` �~ ��'--1...•i :: #'•L',`; :'�,��� . '�..• :.•^'I/�i w:�, ' Additive Alternate No. , is L,i162,000 .� t - .'r i t I- 1 t �' '', Yi� ii i'J 't'.1•.� �' i!'.��i;.!. .'.n.4r J' 1 i A detailed estimate is attached. 11• 7 +�; :��+�.,:.�'*'%';=;: "''►i-, -�+'.•t"`'4"'... ' ,'. .1'. �., •�:, t.. 'i •t+�•' '• t'j'I%-•>'.�'.• !•,' , . „•�i~j�'ir.-� a-� ,n.J; �- in addition to the estimated construction costs, I recommend that :a 10% project contingency be provided and that an amount equal to.i.j. 12% of the construction cost be included for ; .project �adminis- ' tration, inspection, testing, and surveying.f-if Al "';• !!3, i We propose to provide project administration, inspection,"testing and surveying according to the fee schedule •:3n."our 'original �i�•-�': i proposal for an amount not to exceed $196,000 !ti Sincerely, i °• •:i { i';+.�s ; ;: 1. �..' :.#;'t �{ 441 (:: ysJ.a ' Wm. J. Nelson b Associates 1 i ; . j .. I, i •�+.s • • :: .,:�"{ IX�'':is,.i ii'1�,�'.• - i. i• -1.: ..�:. . '� ' '�-... :...��L'it 1'�i.•.I�•d��• �.l `�1:..�f�•'t ��•j : f��'.'y;•��1//A" ...,� :1; _ 11 •. ._ I �.'a.,.y�•. :i..It�++.;ir���,it»e�..i!5.:.• �i�'.f..•.• 1 • " I" ��// •I 1. 1 : 1 t t f� f l j.1� iti'w.�.y q .•'• }: 1 FY•' mil%. ',aft•'WIJ. Nelson, P.E. �•_•j. �+.�}a;;...f:.�':.t ..:--I: i�- s(.t Principal :. (:` a• _..+ i . Jx ,., + :•;l:e:•.WJN:bsq .114.: I. Attachment , a i�: _iii.ML: ' �i' ; �' - • _ .. � ,1.;�•• i.�tl'•• tom. ,! P,�y+:«., .;t w..w �' �„ Ii ..).'(�� ii"-S.f :il.•l i. :`v.-.IMi�a l; v+ I 11 i C CITY OF KENAi -- r. DEPARTMENT OF PUBLIC WORKS KENAI MUNICIPAL AIRPORT FLOAT PLANE BASIN IMPROVEMENTS PROJECT NC. COST ESTIMATE BASIC BID: $1,632,280 + 10% Cont. $163,228 $1.795,508 { ADDITIVE ALTERNATE NO. is $162,000 + 10% Cont. 16,200 178,200 {. TOTAL BID: $1,794,280 Sub Total $1,973,708 Add inspection $196,000 196,000 Total Project Cost --- $2,169,708 Sys Firm: Wm. J. Nelson & Associates (Signature) Name: Wm. J. Nelson, P.E. Title: Principal I I BASIC DID SCHEDULE ' • FLOAT PLANE BASIN IMPROVEMENTS PROJECT NO, Pay Item Estimated Pay Item Name, with Unit Bid Amount Number Quantity Unit Bid Price or or Lump B i d Lump Sum Price Sum Price Written in Words 20. 03 40 C1 eari ng 19000,00 40,000 Acre 20. 04A 36,000 Usable Excavation C. Y. (cross-secti on) 3. 50 1269000 2 0. 04B 350,000 Unusable Excavation C. Y. from Water Runway 2 .25 787,500 (cross-section) 20. 04C 32,000 Unusable Excavation C. Y. from Water Taxiway 31000 969000 ( cross-section) 20 e 04D 359000 Unusable Excavation C.Y. from Access Road or 3100 105,000 limited access Taxiway 20.05 7,9000 Type I Classified Fi 1.1 C. Y. and Backfi l l 9000 639000 • 2 0 e O6 3,9200 Leveling Course ' Ton . 10, 00 329000 20• 07 390 Trench Excavation and L • F • Back -fill (0-14 feet) 20.00 7, 800 PAGE SUBTOTAL: 1 , 5? . 00 SIGNATURE: BASIC BID SCHEDULE FLOAT PLANE BASIN IMPROVEMENTS PROJECT N0. Pay Item Estimated Pay Item Name, with Unit Bid Number Quantity Unit bid Price or or Lump Lump Sum Price Sum Price written in words 20. 14 390 Mechanical Compaction 2,00 L. F. 20.18 30,02 40.02 5V. 02A 50.O2B 50. 0?C 50.02D 150 Remove Existing Curb L- F. and Gutter 5s,00 100 P.C.C. Curb and Gutter L.F. Type I 30,00 75 A.C. Pavement, Class C Ton 60,00 200 Furnish and Install 15" L. F. CMP ( Shape 1, 16 Gan, Steel) 50 Furnish and Install 18" L.F. CMP ( Shape 1, 16 Gas , Steel) 350 Furnish and Install 24" L. F. CMP (Shape I , 16 Ga.. Steel) 390 Furnish and Install 42" L. F. CMP (Shape 1, 12 Gas , Steel) 20,00 Amount Bid 780 750 3, 000 49500 4 , 000 25. 00 1 , 000 30600 10,500 60. 00 23,9400 PAGE SUBTOTAL: 47,930 SIGNATURE: BASIC BID SCHEDULE FLOAT PLANE BASIN IMPROVEMENTS ' PROJECT NO. Pay Item Estimated Pay Item Name, with Unit Bid Amount Number Quantity Unit bid Price or or Lump Bid Lump Sum Price Sum Price Written in Words 50.04 1 Construct Manhole, Each Type II 5 , 000.00 59000 50. 16 210 Construct Open Ditch L. F. -� 10000 2,100 50. 17 2 Furnish and Install Each End Gate 400, OO E300 70. 1 5A 3, 850 Chain Link Fence 1 L.F. (10 foot, 11 Ga.) 20 a 00 .77 , 000 70. 15B 5.1350 Remove Exist. Fence 5.00 26,750 L. F. 70. 15C 3 Gate. Double Drive 19800,00 5,4 c�C� Each 70. 16 200 Guardrail t Ga.) 30,00 69000 L. F. 70. 19 1000 Topsoil (Owner 30600 309000 Me S. F. furnished) PAGE SUBTOTAL: 153,050 S I GNATURE : BASIC DID SCHEDULE FLOAT PLANE BASIN IMPROVEMENTS PROJECT NO, Pay Item Estimated Pay Item Name. with Unit Bid Amount Number Quantity Unit bid Price or or Lump B i d Lump Sum Price. Sum Price written in words 70 . 2OA 3,9100 Seeding 40,00 124,000 M.S.F. 70. 20B 1000 Gal, 70. 26 200 S. F. Water for Main- tenance Standard Si ons 20,00 -, .20 , 0ou 50. OO 1090.00 70. 27 1 Headworks Lump Sum 209000 c Each PAGE SUBTOTAL: 174 000 BASIC BID TOTAL: 1,6329280 S I GNATUPE : ADDITIVE ALTERNATE N0, 1 KENAI MUNICIPAL AIRPORT FLOAT PLANE BASIN IMPROVEMENTS l Pay Item Estimated Pay Item Name, with Unit Bid Amount Number Quantity Unit Bid Price* or or Lump Bid Lump Scam Price Scam Price written in words 20.03 4 Clearing 11000,00 49000 Acre 20. 04A 20,625 Usable Excavation 3000 619875 C.Y. 20. 04D 16,4500 Unusable Excavation 3100 49.500 C . Y . from Access Road or Limited Access Taxiway (cross-section) 20 - 05 29800 C1 assi f i f ed Fill and 8. 00 22.0400 Ton Backfi l l , Type I 50. O2C 36 Furnish and Install 24" 30, 00 1.9080 ' Le F. CMP (Shape I , 16 Ga. , Steely 50. 16 810 Construct Open Ditch its. 00 169200 0 ' L.F. 70. 15B 1 E30 Remove Fence 5,00 9t��� L.F. 70. 19 56 Top so i 1 ( Owner 40.00 29240 M.S.F. furnished) 70 e 2OA 56 Seed i nQ 40. 00 29240 M.S.F. ' PAGE SUBTOTAL: 160,435 SIGNATURE: ADDITIVE ALTERNATE N0, 1 KENAI MUNICIPAL AIRPORT FLOAT PLANE BASIN IMPROVEMENTS Pay Item Estimated Pay Item Name. with Unit Bid Number Quantity Unit bid Price or or Lump Lump Sum Price Sum Price written in words 70.2OB 10 water for Ma i n t- 20. 00 Gal • enance 7e% ''b Amount Did 200.00 • ` Lv Standard Signs 50 , 00 19000600 Gal, PAGE SUBTOTAL: 11200 ADDITIVE ALTERNATE NO. 1 TOTAL: SIGNATURE: BEAUTIFICATION COMMITTEE Minutes, Regular Meeting Held, Kenai City Hall, Conference Room Tuesday, January 27, 1987, 1:30 p.m., AST Presiding: Tim Wisniewski, Chairman Present Absent Tim Wisniewski Harry Lewis Lil Hakkinen Marian Nelson Glen Jackson Nina Selby Roseanna Shelden In Attendance: City Council Representative, Sally Bailie Kayo McGillivray, Director, Parks and Recreation Janet Loper, Planning Specialist. Ron Sexton and Dan Sexton, Trinity Greenhouse 1. ROLL There were four (4) present and three (3) absent. 2. AGENDA Banners were added to the agenda. The agenda was approved with the addition. 3. PERSONS PRESENT SCHEDULED TO BE HEARD Ron Sexton and Dan Sexton, Trinity Greenhouse. 4. APPROVAL OF MINUTES - January 13, 1987 Minutes approved as presented. 5. OLD BUSINESS Dan Sexton spoke on the concern of the committee with reference to circle planters. With the information he had, he determined that the soil may have too much sand and nutrients that it contained, may be flowing through. He suggested bringing in a sample of the soil from the planters to the greenhouse and he could better determine the problem. The problem would be in the soil, not the planter itself. It was also suggested that the soil may be in need of Vita -Grow that is designed for containers. BEAUTIFICATION COMMITTEE January 27, 1987 Page -2- Director McGillivray asked about the price of Vita - Grow. Mr. Sexton indicated approximately $9 .00 per cubic foot, which is at cost. It was determined that approximately fourteen bags would be needed. Probably about $126.00 per circle planter. Also suggested, was to insert cedar, boards or something of that nature, to create a bottom to planters and add peat to existing soil. That is if soil is determined to have proper growing ingredients. Another area discussed was the Airport Triangle and Welcome to Kenai sign. Mr. Ron Sexton suggested some type of floral display. Councilwoman Bailie stated that the sign location would need something that requires the barest amount of maintenance. Mr. Sexton suggested some type of evergreen with perhaps some lava rock as ground cover and for larger areas Livingstone daisies, which requires low maintenance. Ground cloth cover was brought into the discussion for Airport Triangle, which lasts for up to five years and doesn't allow weeds to grow through. A plant list was handed out to each committee member, and discussed further. Questions and answers followed regarding the various plants. Chairman Wisniewski asked if money had been allocated for the Triangle or is it within the budget. Director McGillivray indicated there was money that would be available out of the project fund for Airport Way. Approximately six to eight thousand dollars, however, this was for trees, shrubs, grass and soil. Limited on flowers. Councilwoman Bailie suggested that contact be made with Suzanne Little to coordinate project, which is needed. Ms. Little indicated earlier that she was willing to donate her time and expertise to the project and she is well qualified. Chairman Wisniewski indicated that at this time, the BEAUTIFICATION COMMITTEE January 27, 1987 Page -3- colors need to be decided. He asked each committee members to get their ideas together for next meeting so a decision could be made and an order placed. The order needs to be made by March 1st, Planning Specialist suggested that since the boxes and circles have pretty well been discussed, the committee may want to experiment with the Kale since the Triangle strip would not be on line until late in the year and work some flowers in at different points. Memorial Park was brought into discussion. Mr. Sexton passed out a'brochure of a type of plaque that may be useful for the Memorial Park. This will be addressed at the next meeting. Mr. Sexton wanted the committee to know that a lady tourist had come into his business and commented to him that Kenai was the prettiest city, by far, in the State of Alaska. Chairman Wisniewski stated the budget would be discussed at next meeting. He indicated that approximately $700.00 would be needed for soil. Director McGillivray indicated he would meet with Dan and Ron Sexton again to further discuss the areas. Director McGillivray had nothing to report at this time. He is working on the budget which has to be submitted by 2/14/87. Specialist Loper had nothing to report on the banner. She said that Suzanne Little had been ill. Councilwoman Bailie was concerned about the money appropriated for the banner through Federal Revenue Sharing. Specialist Loper would check with Charlie Brown, Councilwoman Bailie reported to the committee that Mayor Williams was concerned with the Off Road Vehicle Ordinance. He thought it may be too restrictive. BEAUTIFICATION COMMITTEE January 27, 1987 Page -4- Councilwoman Bailie also indicated that there would be only seven committee members appointed f or Beautification. If there are members who wished to be replaced, then new people would be appointed. There would not be a high school student appointed as requested due to the time of day. It was decided that Memorial Park, Suzanne Little and Carmen Gintoli should meet with Beautification at the next meeting. The Hanson's should also be notified. Chairman Wisniewski brought up the subject of the quality of water in the City of Kenai. This was discussed further and comparisons made with other areas. ADJOURNMENT Meeting adjourned at 2:55 p.m. % 6. 9&4 Riva. A. Aburto dba/Niva's Clerical Services for the City of Kenai BICENTENNIAL CONSTITUTION COMMITTEE Minutes, Regular Meeting Held, Kenai City Hall, Council Chambers January 26, 1987, Monday, 6:00 p.m., AST Presiding: Walt Koerber, Co -Chairman Craig Fanning, Co -Chairman 1. ROLL Present Craig Fanning Walt Koerber Tom Ackerly Mar j O'Reilly Barb Sandahl Debbie Williams Absent Richard Hultberg Bill Brighton Sue Carter Robert Summers Sue Carter called and said she had conflicting meeting with Chamber on Monday night, but would be able to attend in the future. 2. OLD BUSINESS a. Calendars. Marj O'Reilly reported that she sent a letter January 15th and asked for twelve ( 12 ) Bicentennial Calendars. She also gave the address to the librarian, so she could write for some calendars. No response as yet. b. Kits and Placards. Chairman Koerber reported that he has not received the kits or placards f rom Grand Lodge, but should be in mail shortly. He further reported that he did contact the Boy Scouts and placards will be put in all business windows as a project to earn merit badges. c. Small Flags. Craig Fanning has not found any small flags available as yet. d. Proclamation. Chairman Koerber reported that Mayor Williams has written a Proclamation for National Youth Week, January 16th through the 22nd and will read at Chamber. He suggested that the committee may want another Proclamation written for another time of the year, ie., July 4th. BICENTENNIAL CONSTITUTION COMMITTEE January 26, 1987 Page -2- e. Chairman Koerber reported he had not received any information from Washington on date of the National celebration. It is unknown whether it will be proclaimed for the whole year, on a special day or week. Hopefully, by next meeting, will have information back from Washington Bicentennial Committee. f. Location of -Bulletin Boards. Suggested locations; Mall by Payless, GCI, four schools, Library, City Hall, Airport, possibly College, Moose. Meat John's Cabin at Chamber, Vet Center, National Guard Armory and Court House. There was discussion on the signs being placed as a permanent structure. 3. NEW BUSINESS a. Chairman Fanning heard on the radio of a convention or conference regarding the Anchorage Bicentennial Constitution Committee. This was to be held at the Egan Center, however, he did not hear all the announcement and stated it may be something this committee would want to look into. Chairman Fanning would check on this. He asked if there was any money in the budget to pay for convention fee, should someone from the committee attend. Chairman Koerber said it would depend on the time frame of the function. b. Chairman Koerber asked Committee member Ackerly if he would check with the carpenter shop at the school and ask if they would be willing to make up some billboards to mount kits on when they arrive. There are twelve kits. They would be placed at schools and different areas throughout the city. The size is unknown at this time. c. Chairman Koerber stated that the newspaper needs to be contact to place articles regarding the flag and general information within the Bicentennial year. Chairman Fanning suggested an article for the Tides. Also, the library may be a research area for material on the flag to send to the newspaper. Chairman Koerber will contact Emily at the Library. BICENTENNIAL CONSTITUTION COMMITTEE January 26, 1987 Page -3- 4. Committee member Ackerly suggested contact with radio stations, ask them to use flag information on their trivia questions during Flag Week. Discussion on the art design for the boarders of the bulletin boards. Placement of articles and different ideas were discussed further. Committee member Ackerly suggested a design contest. The general consensus was to have a contest with a Savings Bond of $25.00 as a prize. Committee member O.'Reilly suggested a slogan contest for elementary school and design contest for high school. By next meeting should have kits to put this idea together. Also, date of contest can be decided. Further discussion developed around the send letters to Art Teachers, Principles and include background information. COMMITTEE COMMENTS AND QUESTIONS contest and to and newspaper Homer Electric Association was brought into the discussion. To enhance the enthusiasm regarding the Bicentennial, electric bills could send a message borough wide advising of the 1987 Kenai City Bicentennial Celebration. H.E.A. may also consider putting special dates that the flag should be flown. It was suggested that Sue Carter may be able to approach H.E.A. about this. Committee member Carter will be asked about this at next meeting. The City of Kenai may also consider sending a message on the water and sewer bills regarding Bicentennial Celebration. Chairman Fanning wanted to acknowledge those who help with the Bicentennial by putting name or name of business on display boards. This might be a way of deferring costs. Discussion on this will be brought up at next meeting. Committee thought it may be too commercialized and further discussion was needed. BICENTENNIAL CONSTITUTION COMMITTEE January 26, 1987 Page -4- 5. CITY OF KENAI CHARTER Chairman Fanning asked Committee member Ackerly to research the possibility of using Mac Computer and students at the school to reduce size of City Charter. He could do more reduction with a camera. This would allow the whole Charter to be displayed on the board. It was further suggested that the -people who originally formed Charter, that are still in area, be contacted and recognized, along with former Mayors, at the time of celebration. A special program should be set aside. 6. NEXT MEETING It was decided that the next meeting would take place at City Hall Council Chambers, 2/9/87 at 6:00 p.m. 7. ADJOURNMENT Meeting adjourned at 7:30 p.m. Niva A. Abur to dba/Niva's Clerical Services for the City of Kenai z 0 H E-♦ U E-t M A 1 F-i 1 U') to N ON t� N N 0 i� N O M O U) c-1 00 (� H Ln • N 0) �' H I r M Ln � E-+ M 0) Ln ko ON %. o (L) q Ln uo M 00 ko 00 > O 00 M � Ln O U N to A W H U') W O w lfl 00 H qv N Ln qv N CA 00 PU Ln to ul d+ t-• N 00 � G4 01 Ln e•-i 00 00 00 koM LO Ln N � t,p Ln Ln O A Z O 00 N ri ko U') U W m Ch O O 00 U) n O N O 0' M O ri ko ON O 00 O � W v U M H Lr) co 00 O rt ko H ' H to %D ° to 00 N r-i d� M M a) O N N Ui b1 M � O O O !` V� Z t!} Ln Ln 00 N 0) •r 4 0 O O lfl O U k U) H ko oo ko v . 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H W� •H0 (1)H A t� N Z ko H 0 ri •:> i Sri Z 0 � O E- 00 .J U 4-) O or-i W 4 •rl •ri r- I h tyl c� •� O •rI c� u P4 H 4J (1) to a tT �4 44 H N N N W ECONOMIC DEVELOPMENT COMMITTEE Minutes, Regular Meeting Held, Kenai City Hall Council Chambers Tuesday, January 27, 1987, 7:00 p.m. Presiding: Vince O'Reilly, Chairman 1. ROLL CALL Present Vince O'Reilly Jim Elson Mike Meeks Roseanna Shelden Barry Thomson Darren Bond Absent Jim Carter (arrived later) George Miller Bob Scott E .In attendance:Councilman Art McComsey was present during a portion of the meeting. 2. APPROVAL OF AGENDA Agenda will stand approved as submitted. 39 APPROVAL OF MINUTES — January 6, 1987 Chairman questioned page 7, third paragraph, last sentence, Did not understand what the "240 , 000" referred to. The minutes were approved. 4. REVIEW OF PROGRESS TO DATE Chairman. O'Reilly stated committee was to hear from City Manager Brighton concerning what could be worked out with the Borough 'as regards to having the Planner add on to his plan or update it. It was asked if any information had been received. Answer: no. 5. PRESENTATION OF TESTIFIERS AND/OR SPECIALISTS Chairman O'Reilly explained to the testifiers present, what the committee is trying to do. Chairman O'Reilly stated: What we're trying to do, two -fold, first is to get a snapshot picture of the city's economy. Dealing with the private sector and the governmental sector. ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -2 From that, hopefully to be able to determine what is the condition of the city's economy, what restraints are on the city's economy, and then from that, the second stage; this committee's charge with the responsibility with making a recommendation to the Mayor and the Council as to whether there should be a permanent commission of the City that would deal with economic development matters. And, if so, what form should that commission take, and what powers and authorities it should have. What life it should have. What membership, etc.. Chairman O'Reilly expressed his appreciation to the persons present to testify, for coming before the committee and offer their testimony. Chairman O'Reilly went on to explain that the committee had heard from the real estate interests and will be hearing from the Borough, Borough School and the City, in regards to tax matters at y� the next meeting. Work of the committee should be finished by sometime around May 1st. All meetings are open and are on public record, a. Dave Brenden, Enstar Natural Gas Mr. Brenden wanted to bring the committee up to the minute on what Enstar Is position is to Kenai. Your probably all aware of KUSCO was bought out b Enstar back in May of 8 y y 4 Enstar' s operated in Soldotna, Sterling, North Kenai area. City of Kenai was operated se eratel b K P P y y USCO. We purchased them in October of 84. The Public Utility Commission approved that sale of KUSCO to Enstar with three stipulations. The three stipulations at that time were that the current rates would remain in effect. We were to maintain easily separable records, complete set of Enstar accounts versus KUSCO accounts. And the City of Kenai remain to still have the purchase option in August of 87. There's evidently some question as to the validityof the o tion that either id A . t side has agreed to or disagreed to yet. But, those three conditions have been met. We've lived with them from that October 84 Commission ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -3- ruling. 'Things have been going pretty,well. We're e integrating KUSCO into the Soldotna or Enstar system, We. closed down the Kenai o Y office, this .August, was met .with local resistance by the City of Kenai local citizens. However, it was done just because economy of scale. We had two duplicate operations in less than ten miles apart. We had girls in this office and three girls in Soldotna office now. The two offices were consolidated. It seems to be operatingwithout a hitch. Like I said , there was a little bit of resistance, but, to the best of my knowledge, it's one over very well, g .Then again, in November of 86, Enstar went to the Commission- with a tariff. filing for a rate increase. What may be called a purchase gas adjustment increase KUSCO s contract with Marathon Oil/Union Oil expires s a twenty February l.st, 1987. This i p year contract. It was written back in 67. Relativelycheap as cheap as. En p gas, extremely p g star, at that Commission filing wanted. to be able to convert the KUSCO customers over to Ens tar ' s cost of gas, as that, when the contract with Marathon ran out. To date, that has been approved PP d and we will be bringing over to KUSCO customers to Enstar rates, effective February lst of 87. What effect does this have on the community? It's of a great effect. The Y g average residential customer's rate will probably increase in the neighborhood of 40 to 45$, depending on his consumption. It was asked if this was just in the City. Mr. Brenden answered that it was just in the City of Kenai, with the exception of the City of Kenai South of the river that VIP, Cannery road area, has p always been part of Ens tar ' s system. So we're talking, just the Cityof Kenai, North of the river. A Average residential user, 40 to 45% increase, Commercial user, that's probably neighborhood of 50 i p y in the nei g $ increase. Wildwood, t could go as high as 75%. The reason for this ly, because of the cheap ' basically, p gas, being replaced by Enstar' s blended rate of gas. Both companiest Enstar and KUSCO, back in the early 601s, contracted for gas, KUSCO had onlythe g contract and has carried it from 67 ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -4- till current. Enstar has been most annually, throughout the years, have been purchasing additional gas. Buy gas at Kenai field. More recently at the Beluga field. The Beaver Creek field. The Pretty Creek field and the Lewis River field. So we've got more than one contract that we're living on, and enables us to keep the blended cost of gas below the current market value of gas. Some comparisons here, KUSCO cost of gas is somewhere in the neighborhood of .33 ( cents) an MCF. Enstar' s cost of gas is about $1.25, an .80 (cent) purchase cost adjustment will be added onto the KUSCO customers bill. That will be the reason for the 40 to 45% increase. It was asked by Committee Member Elson, if KUSCO customers will be paying the same thing that the old Enstar customers in North Kenai or Soldotna. Mr. Brenden responded, no they won't. They still won't be up to Enstar's rates, yet. Mr. Brenden worked up a comparison as to my gas bill. Mr.. Brenden lives in the City of Soldotna. Last month he burned 300 ccf of gas. My bill was $98.68, that's if he'd been in the City of Kenai, under Enstar rates, and includes the 5% Borough and City tax. If he'd been with KUSCO, burning the old KUSCO gas, the bill would have been $63.13. The increase in those two was 56%. so if a KUSCO customer had gone into an Enstar customer, paid an Enstar rate, it would have been subject to a 56% increase. But, the customer's just ' going to an increase cost of gas, is all Enstar is going for at this time, and that amounts to a 44.8% increase. As he sees it now, Enstar probably will want to roll the KUSCO customers into Enstar customers in August of 87. And subject to the Public Utilities Commission findings, could be another rate increase at that time. To bring KUSCO customers up to where an Enstar customer is, that it was a postage stamp rates from the Mat -Su Valley, Soldotna, Kenai, where ever in the Enstar system. Committee Member Elson asked if pricing different for, the Soldotna customer and Eagle River. ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -5- Mr. . Brenden indicated, no. The system is a postage stamp rate. A Wasilla customer pays the same as a Eagle River customers, Anchorage customers, or North Kenai customer. Committee Member Thomsom asked what effect this would have on the 'residential and more specific, the commercial users. Its seems as though the commercial users are going to have a higher increase, so the burden of the increase is going to be put on the business. Mr. Brenden stated, only because they are consuming more gas. Purchased gas adjustment factor base strictly on the consumption. Your paying the increase cost of gas, Committee Member Thomson asked if the percentage rate wouldn't stay the same, in that case. Mr,a Brenden: No., because they are using more in there.., the Enstar, the KUSCO rate structure is such that there's a dollar value of, the cost gas decreases as you use more. Committee Member Thomson: So, therefore the percentage increase should be less. Mr. Brenden: Should be more, because, as you use more gas, at current KUSCO rates, the price comes down. So when you add a straight additional factor in there, for the cost gas, it's bringing that increase up. Chairman O'Reilly asked if Enstar does population projections, and/or commercial usage projections. Mr. Brenden: He did not have those figures with him, as far as consumption per residential and consumption per commercial dwelling. Mr . Brenden: He indicated his speech is not too popular. It's bringing in bad news. 40 to 45% increase is not good news in bad times. The further ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -6- develope that bad news, our new customer hook-ups, construction wise this year, is down approximately 50% over last year. The reason I base that, is the new service line hook-ups and main line construction. Both of them are very close to half, compared to 85, and 86 projections that they are going on, basing on more of a decrease in construction over last year. We ordering less pipe. Projecting 350 hook-ups this year, down to possibly 250 hook-ups next year. Thirteen miles of main addition to down to seven or eight miles of main. We're not looking for a very good construction season this year. Committee Member Elson: Is the cost for a hook-up different to anyone, today. Someone that's on the KUSCO system now? Mr. Brenden: Right, that's part of that, keeping separate books. We've kept the KUSCO tariff in the City of Kenai. There's a different cost for hook-up here, than there is in the Enstar system. Committee Member bond: More or Less? Mr. Brenden: Service line costs, about the same. Enstar is paying $20 .00 for the first 100 feet and $1.00 a foot thereafter. And a KUSCO first service line, your paying the first 100 feet for free, and $1.00 a foot thereafter. So the service line is a relatively inexpensive proposition. That's if there is main in front of your house. In front of your property. Getting main line extended to your property is more expensive in Enstar system. Paying on the average of $7.50 a foot in the En g star system, and your given a credit of $1,550.00 per hook-up. A thousand foot extension would be $7,500.00 less $850.00 per hook-up, and the balance of that would be in the form of a deposit. You deposit with the company and that would be refunded to you within a ten year period. As additional customers hooked -up, you get the $850.00 back, up to your original deposit amount. If you didn't have any customers hook-up in the ten year period you get your entire amount back after ten years. The difference with the KUSCO system in that, is about $6*00 per foot for the main line extension and that's deposited with ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -7- the company and not sure of the credit to the customer. Not sure if deposit remains on the books. However, he believes Enstar has opted to go to a ten year minimum on that, just so it doesn't stay forever. It' s confusing having two systems, that's why Enstar wants to go with just one system. Working one company with two separate sets of books is confusing. You'd have to ask your customer what side of the line your on. That's why the postage stamp rate. Chairman O'Reilly: Are the supplies of, gas adequate? Mr. Brenden: We just signed a contract. to the Beluga pipe line. Beluga to Anchorage, 100; miles of 20 inch pipe line. We contracted there for a third of the field, 13 year contract, but with the reserves that are left over there, should put us well into the 1990' s to the year 2000. Chairman O'Reilly: Is that where our gas comes from, Beluga? Mr. Brenden Right here, we are taking from five different fields. Taking from Beluga, Beaver Creek, Lewis River, Pretty Creek and the Kenai field, Committee Member Elson: Supposing during the anticipated economic cycle that we're in, it goes for the next two of three years, that we should some where in the City of Kenai, there should be a break... for instance, if we . had an industry come in and part of the extended airport lands or development out here in section 36, is Enstar in a position to respond to that? Mr. Brenden: A large increase? Committee Member Elson: Not necessarily a large increase, thinking of an industrial plant or something in that nature, Mr. Brenden: We've got the reserves or can get the reserves for just about anything you can add in here. If economic conditions are right, we can put on additional large loads of like that. ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -8- Committee Member Elson: The cost of that is essentially born by the customer? Mr. Brenden: By the customer. By the consumer. Chairman O'Reilly: This all began with the City granting a right of way to Union Oil then? Mr. Brenden: As best I've been able to piece it out, yes. Chairman O'Reilly: Does that right of way remain permanent, forever? Mr . Brenden: That right of way is between Union Oil and the City of Kenai, Chairman O'Reilly: But, that was the cause of the low cost contract that we had? Mr. Brenden: There again, that's twenty years ago. Committee Member Elson: The way I understood it. For granting of the right of way, the City got the right to franchise the gas. Not quiet sure.... got the right to go in at this current market price of gas. There was at one time, a check that came in at the end of the year from Marathon and Union Oil for the gas that was sold through the KUSCO system. A franchise fee. Chairman O'Reilly: Are our rates competitive with other areas? Mr. Brenden: Our natural gas up here is probably the cheapest, if not the cheapest in the nation. That's the entire 50 states. The Alaska gas is, even with the 40% increase, will be some of the cheapest gas in the United States, Chairman O'Reilly: I gathered from what you're saying, this postage stamp rate will apply from the Mat Su down through this area. ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -9- Mr . Brenden: That's correct. We have postage stamp rates now in other areas. They will all be subject to Public Utilities Commission's approval, which I wouldn't know rightnow whether they are going to approve it. Enstar will be able to have the same rates in Kenai as they have in the valley, Eagle River/Anchorage. It's still up before the commission. Committee Member Elson: The cost of the line extension on new service are the same in other areas? Mr. Brenden: Right. The cost of that extension, covered, is the $7.50 a foot covered. Main line extens-ion are due. The consumers are on a, hold here for now. We're not allowed to pass on the costs of the main line extension to the other consumers. That main has to be, cost justified, by the person being extended to it. Mr. Bill Thompson (Telephone Utilities of the North): If your saying by postage stamp rate, that Mat Su being the same here, then Kenai customers would be subsidized for the pipe line, Beluga, in that area? Mr. Brenden: It could be looked at that way. What your saying too, -is that the larger percentage of the gas comes back here.. Being used by the Enstar customer, is coming from that pipe line. As their reserves dry up here on the Kenai field and our contracts dry up, it's conceivable that someday, that the City of Kenai may be getting their gas from Beluga. Chairman O'Reilly The City, has some lands that has gas rights on them. Mr. Brenden: I think that was why Mayor Williams thought they could buy gas at a cheaper rate than Enstar could supply it for. Enstar's rate is a blended rate. Contracts that have been purchased from 1967 to the early 60's to date. That blended is by far cheaper than the current market of gas. If we could buy gas here for the blended rate that Enstar's buying it for, then it would be in the C ity' s best interest to purchase that gas. ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -10 - Committee Member Elson: I think what we're talking about is, that the City of Kenai, with the lands that they have, if the gas is developed underneath that has a royalty of natural gas, it could be utilized for its citizens or turn in revenue. If it were so utilized. Committee Member Thomson: Do you have any idea on the revenue change that is expected to be generated before and after that change in purpose? When you increase your pricing throughout the KUSCO system, what is the change going to be in real dollars. Mr. Brenden: The sales in the City of Kenai were somewhere around five hundred and ninety thousand MCF' s, we could take that and add in that additional purchase cost, gas adjustment factor, determine what increase the dollar amount that's going to be spent. Committee Member Thomson: So it has 600,000 at .33 cents an MCF. We're looking at $200,000.00, Mr. Brenden: It's going from .33 cents to $1.25. 600,000 41 MCF going f rom .33 cents up to $1.25. And that's just the gas portion of the bill. The operating and maintenance portion of the bill is not going to be increasing. Chairman O'Reilly: In other words the gas rates seem to be predicated more upon Enstar's situation than the local current market. Mr. Brenden: All Enstar is trying to do is recover their cost of gas, and no more. KUSCO rates right now are .33 cents an MCF. Our blended cost of gas is $1.25 an MCF. The current market value for gas is probably $2.10 an MCF. Committee Member Elson : Enstar was aware of the situation when they purchased KUSCO, as far as converting KUSCO to the Enstar system. There must have been some type of calendar, of bringing the price of gas up. Are you on target with that conversion? ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -11- Mr. Brenden: Yes. This rate increase is more based on the Utility Commission stipulations. Couldn't raise our rates until they are justified. And now there justified, because the contract expires with Union/Marathon. Our next target.date is August of 87, where the City of Kenai's option expires on KUSCO. It's completely up the Public Utilities Commission rulings. They could expand beyond that. Chairman O'Reilly: Is there anything that the City should be doing, either as a City or it' s bus iness/residential community., that would have a lowering effect on gas rates? Mr. Brenden: If the City could sell it's citizens gas at below current market value, below Enstar's blended market value of their gas, you could reduce your rates. Chairman O'Reilly: Are you finding anything in your billing or your delinquencies that have changed here in the last six months, a year and a half. Mr. Brenden: It hasn't shown up yet. We have seen a little increase in our delinquent rates. A good portion of accounts are being paid for by the banks. The mortgage companies are picking up the energy bills, which in turn is being paid by Alaska Housing. Enstar is currently has a program of financing home conversions. In the past, have been lenient on credit. We are taking measures to prevent any possible increase in credit problems, Chairman O'Reilly: There used to be some state energy program. Mr. Brenden: There still is. Some low cost energy programs, state assistance programs, state grants. Committee Member Thomson: It appears that utility ;r costs for an average business is probably anywhere between 2% to 3% of their gross revenues. If 2%, that would mean that 50% increase would make that cost 3%, which would mean a 1% drop in profit for an average ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -12- business operating in the City of Kenai. Is that going to flow back through and observed by the owner or past on to the customers. Will this be a significate effect in the community. The commercial users will be h i t harder, Mr. Brenden: The City of Kenai has had artificially low gas prices in the past few years. b. Ron Rainey, Homer Electric Association Mr. Rainey: Move to Kenai is ahead of schedule. KCL underground rebuild project is half complete. We're rebuilding all the downtown system and half of that was completed this summer. The other half will be completed next summer. Depending on economic forces, may delay a portion of that underground for next summer, but main thing, the bulk of the problem has been converted at this point in time, and the remainder of what we think will be somewhat critical, will be done next summer. Rates. I think an economic development committee possibly should focus on comparisons rather than high cost of what you or I think rates are in this area. I phoned Phoenix this afternoon to get where they are. They have gone through plant expansion, rapid growth as we have here. The residential rate in the Phoenix is .10 cents kwh. Ours is .9.5 cents kwh. The commercial and industrial cost per kwh is from 8k to 9 cents. For a large user like Tesoro we get down to .9 cents. Quiet a bit under what they are in the Phoenix area. The point trying to be here is, if you have an industrial prospect come into the area, I think what we have to avoid doing, as an economic development committee, is having someone say the electric rates here are horrible. There are not horrible. There are much higher than your used to paying, compared to Phoenix or New York City or many places that maybe this industrial firm is looking at to locate. That what needs to focuses on. Capacity, in spite of Bradley Lake, no matter which way it goes, we will have the capacity to serve. We would rather have Bradley Lake, we think the long term benefit of a facility like that is ridiculous not to put it on line. ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -13- Possibly we got, some negative reaction from the Kenai City Council. I was disappointed to see that. Any permanent power source, like that, even as small as it may be, it will have a stabling effect for rates over the next hundred years, shouldn't be tied. I think it would be a mistake for the City of Kenai or anybody not to support the project. We have a small portion of that project. Power Reserves. We're buying almost all of our power from Chugach. We have a partial contract at this time and we have a commitment for 80 kw of power from Chugach, and that's about what our peak was this year. We have Soldotna #1 on line now. It has a capacity for 38 megawatts. We could bring, in another Tesoro tomorrow if we needed to. There's going to be talk of g g excess capacity, depends on who's opinion, hind sight is 20-2 p 0. Without an economic slow down, we would probably have been a problem without Soldotna #1. That's basically where we are with power generation. I ran other comparisons. From the Phoenix area, I asked them, what's a gallon of milk; $1.79, $3.19 here. Electricity is cheaper. Bone in round roast; $1 .6 9 , $2.69 here. We got a pretty good price on electricity. A good price on gas. A,lot of good energy values here. That's what we need to focus on. Before someone asks, I will tell you where we are on Tesoro0_1 Everyone is concerned about that and it's a big concern of ours. It could have a real domino effect on all of use Tesoro has a tremendous advantage in generating electricity, because they can use the waste heat in their process, which most business cannot do. Tesoro can bring in a unit, much like we have in Soldotna #1, and they pay the gas, a pay a little bit more than we do for the gas, but, the benefit they get, is they use that waste heat. And so, they can produce electricity cheaper than we can sell it to . them for, But we have two things going for us at this time. We're before the APUC for a rate hearing, We've presented our side of the rate case to the working people, the working staff of the APUC. In essence, ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -14- they've agreed with us, that Chugach is charging us too much for electricity. They have recommended to their board, that Chugach reduce their wholesale rates to us by 12%. This isn't guaranteed. The APUC will look at that and make a determination, and we think that they will make a decision some place between 6 and 10% reduction from Chugach to HEA. This will allow us to reduce the rates to Phillips and Tesoro some. Not quite enough. The second part of this scenario is, we are going to the APUC with a cost of service study. What we hope that this study will show, is that it cost much less to serve a Phillips or Tesoro than it does you or me per kilowatt hour. Therefore, we should reduce their rate a little further. We got to reduce it enough, to where it nears their production costs for electricity. If we don't, if we lose them, then is has a domino effect. If we lose Tesoro, we got to make up that revenue some place. They are 16% of our revenue. That means, we raise everybody else's rates by 5 or 6 or 10%. Then, Phillips can produce it cheaper. That raises another 10% and before we know what's happening, everybody that can generate their own electricity, is doing so, and our rates have gone up 50%. It very crucial that we keep those lows, Tesoro and Phillips. We're working hard to do so. I think both of those companies realize the predicament we're in. I think the APUC realizes the same thing and we are working on it daily. I feel good that we keep those. I don't think that we are going to lose them. Chairman O'Reilly: Population projection. Mr. Rainey: As far a projection goes.... Committee Member Jim Carter: It sounds like a real lock -in situation. We have to buy 80 megawatts, we've already agreed to that because of the requirements that we had in HEA, which part of the requirements were Tesoro and Phillips and some on. And now, HEA can't get out of that contract with Chugach. They've got to stick with that 80, and it's been a matter of circumstances that has boost that cost up, not by a desire of HEA, and I understand it, and if they go and do these things, then it's a "catch 22" situation. ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -15- Mr. Rainey: We have provided the loads to serve Tesoro and Phillips :and now they are threatening to pull out and we still have the base cost that they have created. We have a contract with Tesoro and we feel it's an all requirements contract. But, we don't want to have to get it down to a legal battle. We want them to be our customer, because we can serve them economically. Chairman O'Reilly: All requirements contract? Mr. Rainey: It means they have to buy from us, Chairman O'Reilly. 'Like we have to buy from Chugach? Committee Member Carter: The problem is, the contracts ..don't run concurrent. Mr. Rainey: Basically, we're trying to get down to an economical level so that they want to stay with u s . So, we don't have to go through that kind of thing. Chairman O'Reilly: Population? Mr. Rainey passed eachcommitteemember a hand-out prepared by HEA, which covers . the years form 1982 to 1986, reflecting new services connected, total services, KWH sold, high yearly peak and total miles of line energized. Mr . Rainey, speaking on the new services connected, which was 915 for 1986, indicated that for this year HEA will go under the 915 figure. He thinks it will go between five and six hundred new connects. That figure is 50% of what they were doing for 1985. (Hand-out attached) A question was asked if this new connect meant new facilities. Mr. Rainey indicated new facilities, n o t re -energizing existing facilities. This is not a net figure. They would be losing some. Probably, net growth would be less than that. ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -16- It was asked if this was Kenai area. Mr. Rainey, stated this was the entire, or what is called the Ridgeway District, total system. Committee Member Carter: The wholesale power cost adjustment is because we're buying 80 megawatts and have to distribute that amount among all the users. Mr. Rainey: Yes, that's part of the reason, and its a blended rate. The electric usage is also a blended rate. We buy a big part of our power from Chugach and they adjust their power production costs by what they are paying for gas, which is a blended rate over there. So, whatever they are pulling from, and I'm told they buy gas from different fields and different times, and so, their costs of generating that electricity changes from one month to the next. And their allowed to change their wholesale power sales to us. Their figure based upon where their buying that gas to generate the electricity. The other factor is; we brought Soldotna #1 on line and we started the amortization of that plant three months ago. That has impacted your bill and until these plants are more fully utilized, it has a peaking effect. Rates have jumped like 10% to put this capacity on line, but now they will level off for the next few years, and that's what we're trying to show Tesoro and the rest of our large users, that our rates are flatting off now. And that we're going to be there for a while and we're still competitive with the rest of the country. Committee Member Thomson: How long has it been known that Tesoro has the capability of generating power in their waste heat, and how long have they been thinking about it? Mr. Rainey: That's an industry trend. They've always known that. All plants, such as that, have waste heat utilization capabilities. ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -17- Committee Member Thomson: Wouldn't it have been possibly feasible for HEA to look at this as an alternate source of capacity, if they can over produce and in fact, possibly have some excess to sell back to the system. Mr. Rainey: It would have been, had it been coordinated several years ago. Right now, no. Because we purchased this block of power from Chugach. We've built Soldotna #1, and now we're between a rock and a hard place. We can't negotiate with them, we don't need anymore right now. They may have been willing to build that capacity several years ago, and had we done that possibly, instead of Soldotna #1 or whatever we were negotiating with Chugach, that's hind sight. It wasn't done and we can't go back and change that. Chugach sent HEA a letter two. years ago, saying that they could not continue serving us as an all - requirements wholesaler of power. Saying, in other words, you got 80 megawatts, that all we can give you. Any excess capacity is yours. And at that time, the Board of Directors had to make a decision, where are we going to get the other power. We couldn't get it from our supplier, so we had to go our own way. We had to buy the power someplace and hence, Soldotna #1, they were forced into doing that. It wasn't a choice they wanted to make. Chairman O'Reilly: When you refer to jobs on the hand- out, what are you referring to. Committee Member Elson: It's not meters because some jobs would be to put in a single line to an apartment house and a number of meters, that would be considered one job. But at the same time, just putting a service line to single family dwelling, that would be considered one job. One location one job,, Committee Member Thomson: Kenai shows that last year Kenai had 11h % if the jobs, and now their down to 9.5 % of the jobs. Which indicates that this, not only being ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -18- a total drop off of total numbers, it's also being a percentage drop off. Kenai shows a larger decrease in growth and is being effected. Chairman O'Reilly: What about projections? Mr. Rainey: We make ten year forecasts and then something like this happens and you throw them out the window and start over. So, we are going to start our planning process over again. And no projections, all of them we have now, are based on different criteria. Committee Member Thomson: Planning for 87-88? Mr. Rainey: The planning, we have transformers, wire and capacity for the next year and we can get that on the yearly basis. We're set for construction season next year, through the summer. Generation capacity is there, our short term planning is basically done. Long term planning, we're going to have to look again. The inner -tie would help. Possibly move some power around. Re -sell some power. I think that's important to this area at this time. Chairman O'Reilly: Hopefully, with our local utilities and local business interest, is there something there you care to offer us as to what direction to go on that. Mr. Rainey: We support Bradley Lake, even as small as it is, it stabilizes our power costs over the long term. We strong support the rail belt inner -ties, which would allow us to move blocks of power around more readily. Like the pipe line from up North down to here. I think those are the two biggest things in the generation and transmission side of the business. The other thing that I think Alaska lagged behind on, is Chugach is trying to be the daddy of generation here in the state and I think that was a mistake and the other utilities have drawn away from that. I think now that we need to draw back together and look at years from ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -19- now. You have to look at coal. Those are big plants. They're 150 megawatt or larger plants. They're up to 455 megawatt plants and that's going to take a lot of utilities together to get the economy to scale on units like that, then we can bring coal and natural gas can be used for other things. The hydro for the base for this area. There is a lot of long term planning that p g we need to do but the inner -tie being one of the keys at this point in time. Chairman O'Reilly: Are there any restraints that the city, by city action or by the business community, are putting on you people, that could be removed? Mr. Br • enden To mention one to Kenai, is the reimbursement for utilities for relocation. Mr. Rainey: We still have not resolved that issue with the City of Kenai, I think the City Attorney is too hard to deal with. It could be resolved and I think everybody has wasted a lot of money and in fairness to all our other consumers, I think the City of Kenai has been too hard-nosed about that. We all should do it the same. Everybody should not pay for re -location or they all should.- The City of Kenai has taken the position that we want some of -the system, so we're not going to pay for it. That's not,, in my opinion fair, because you gave or sold or whatever the system, and now won't pay us for doing what you want us to do with the streets. So that throws the burden on the other consumers. Mr . Brenden : We're riding the coat tails of HEA on this issue. We've done a lot of construction projects since we took over KUSCO and are depending on the out come of HEA' s .lawsuit regarding the reimbursement for the relocation. That's not to say we might not come in and step in and increase our efforts to recover that money. Your talking a large chunk of change. Every time you improve street, we've got to relocate a facility on the right or way to make room for that street. With modifications, we've got a hundred thousand, two hundred thousand dollars in jeopardy right now. ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -20- Mr. Larry Hyatt: To give a good example, last year in 86, we relocated in the City of Kenai to tune of over seventy thousand dollars, non -reimbursable, that was spread back over every consumer. Mr. Rainey: Whereas the City of Soldotna, they will even move the center line of their street to avoid having to relocate these facilities. They are working with us better. Their philosophy seems to be more easy for us to work with than the City of Kenai, Mr. Brenden: Probably decreasing the unit cost of construction to the contractor. The City of Soldotna is probably getting a better price on their contracts than the City of Kenai. Strictly because the contractors here have to mess with the utilities. Soldotna areas will be reimburse the utilities for relocation. You don't have to mess with us. We're taken care of before the project hits the street. Committee Member Carter: In a situation like this, isn't there another element that if there was a wave of harmony that, it should be looked at, what's going to cost the consumer the most. Whether it's the City paying for it, or HEA paying for it, or Enstar paying for it, or the telephone company paying for it. It's the user, the person that going to be effected in the long run, Committee Member Darren Bond: When you talked about the larger industrial users are cheaper to run, cheaper for you to service and you can offer them a discount. How do you qualify that. How are you approaching the Public Utility Commission then. Mr. Rainey: The key to it is Tesoro, probably has a 90 or 95% their facility all the time, consumer, use them less than 50% generation capacity is totally facilities between the generator utilized and that's what makes serve for kilowatt hours, load factor. Like load factor. They use Whereas, you as a of the time. So our utilized and all the and Tesoro is totally it a lot cheaper to ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -21- Committee Member Bond: So, you'll take it on a ca se by case bases. Mr. Rainey: Class by -class basis. Residential, a commercial commercial, large rcial or industrial. Diversified demand for your house if probably Y 10 kw. We have to have tha t available to you 24 hours a day, where you only use it, and maybe hit that o peak during the day.Your using p one time us l g probably 2 or 3 kw the rest of the time. Tesoro, their demand is being used all Chairman O'Reilly: Sin.ce • reliance ' Y we have such terrific e iance with Chugach, are: . their gas reserves for generation adequate. Mr. Rainey: Not qualified to answer. c. Mr. Bill Thompson and Mr. Larry Hyatt - y y tt - Telephone Utilities of the North Mr. Hyatt: 'Basically, I'll break it down. We do o g through a from 1982 forecastingrocess P We basically forecast through 1993. long range We use ten ears look -planning y � we k at for five year period. We have i broken t down by exchange. We have approximately pp y 70 throughout the Looking at -state,, tate. With right at 49,500 customers. capitol construction dollars in 86 v versus what we're look ing at in � 9 87. 86 we spent $1,580,000. projected for specific projects that we're going to be g g doing, but were for 86. away e of now, that the expended dollars For 87, looking throughout we at 1.19 one million the state on specific ro • ects that we know projects we are going to � • g g• build this -coming year. That's not counting routines. What subdivision we call a routine job; small oes ing , sm all project are not specified in those amounts. Kenai, as an example, last year we spent$271,000.,2 � P almost $ 72 , 0 00 . , this coming year we're looking a t$238,000.2� g . to $ 39,000., that's projects that we have alreadyspecified ' p fled is going to be done this coming year. Last P we year spent Y $70,000, on relocates just in Kenai alone. ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -22- We're predicting that these calculations in dollars spent, we don't see any projects not coming to pass, that we wouldn't build those. Those specific projects. We've broken down our access line and forecasts by the two different companies that we operate. Telephone Utilities of Alaska is basically Southeast, some of the bush communities. Juneau/Douglas and Fort Wainwright. Telephone Utilities of the Northland, Inc., takes in the Aleutian Chain, Kodiak, all of the Kenai Peninsula and North Pole. We're spread over a wide area and part of the Yukon Territory. Looking at the forecast and the growth that we've had in the past, and I leave this book with you (attached), Not totally updated, but to give an example, Kenai itself. 1985 we had an 85.3% growth rate. 1986 we had a -4% growth rate. We lost customers in 1986. Committee Member Carter: What had you projected for 86? Mr. Hyatt: Just a guess, right at 5%. We hit pretty well on them, up until June. Kenai, as an example, back in 82, we had 8.2% and 83/10.7%, 84/.16% and then 85/5.3% . Some of the exchanges are growing. All of them are coming down on the Kenai Peninsula. Homer has been one of our highest growth areas. 1982 was 25%, into 84/30.2, 85/7.1%, this year was 2.7%. Book left with the committee and given to secretary to file in Economic Development file at City Hall. We break it down by access line. A customer. I could break it down business versus residential. As far as any other thing that I could see that would impact the Kenai or the Kenai Peninsula I think there are some things before the commission. I don't see any rates case at all for the telephone company at this ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -23- point. Equal access will have an impact to some extent on the consumers on calling out of state. The in state long distance, that's in front of the Alaska Public Utilities Commission. What decision, I don't have any idea. GCI has put a proposal in front of the commission for a way to allow inter -state by other carriers in Alascom and stillt subsidize the bush communities around the state, to continue universal telephone service. I don't know where that's at, I think, it's a long battle for GCI . We're seeing a big trend for our customers to use GCI for their out of state calls, to the tune of 60/40 in a lot of areas, to 80/20 in Kenai. The only issue that I see.in front of the commission now is the inside wire charge to residential homes and business homes. Chairman O'Reilly: Billing and delinquency on the part of customers, have you seen any? Mr. Hyatt: We're seeing a lot more Chapter 11's this year, than we have in the past, Our billing delinquency is not anything significantly higher than it was last year. It's been a.change because under Contel they're filling process was quite different than it is now under the new company. We don't take deposits like we used to. We take first payment in advance rather than deposit and you build your credit. Before you put a deposit down and then proved yourself being a good customer before getting your deposit back. We're giving back as many deposits as we can. Mr. Hyatt: In Kenai we have 3,972 customers and Soldotna we have, 5,369, year end 86. Between year end 85 and year end 86 we lost in Kenai, 68 customers. l Mr. Hyatt- will break down business versus residential for the City of Kenai on the 283 exchange and forward to City Hall for the committee. ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -24- Chairman O'Reilly:Is there anything the city should be doing or not doing? Mr. Hyatt: The relocates is very, very expensive. Kenai is the only city that we deal with that does not favor relocates. Committee Member Elson: Are there any physical or financial limitations as far as communications are concerned that would exclude us from that type of marketing from anywhere else? Mr. Hyatt: I wouldn't see it as being such. We're ready to build any plant that is necessary to provide service. However, understand that we are consider a local operating company. We would not provide long distance, as an example, that would be either GCI or Alascom. We are restricted in that as a local operating company are not allowed to provide long distance. Committee Member Thomson: Can you provide data quality lines. Mr. Thompson: We do. What the customer asks for if what we try and provide. We are state-of-the-art digital. Mr. Hyatt: We are going more and more toward cost causes towards cost payer. Line extensions. We give 1000 foot of cable free to every customer that we have. If they build over a thousand feet from our facilities, they have to pay actual costs from that point on. From each exchange. If we get four or five houses built in one area, they each get a thousand foot free. Mr. Hyatt: We're looking at other options, radio type systems, will help relieve some of those costs. In February, we'll be back in the telephone rental business again. I ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -25- 6. COMMITTEE DISCUSSION a. Budget. Miscellaneous entered twice. MOTION Committee Member Carter moved that the budget be approved as submitted. Motion passed unanimously. b. Hudson Bay Company. Chairman O'Reilly reported: The summary is that the group was soberly optimistic, more at the end,, than. at the beginning, They have a difficult situation in the acquisition with Alaska Commercial,, That is strictly between the two companies. . Loc-ation within.- Kenai of a retail establishment: There spoke very favorable about that. As regards to the distribution center: That may g e t more complicated because, what is happening now, and has been a practice for a while, is that the merchandise, they talk about produce and can goods, then dry goods. But the produce and dry goods that go to the v i,l l ages , go Parcel Post out of Anchorage, at subsidized mail -rates. What will have to happen, for us to get our selves postured so that we would be competitive with Anchorage on this, is some really substantial work on the part of private interests and the City. Barge line in here, air service in here and probably working with the U.S. Mail to put in some new parcel post arrangements. That's about where we're at on this one. Hudson Bay people said they don't want any money from the State, they don't want any tax forgiveness, they don't want any subsidy from the State. The way they operate in the Yukon and the Northwest Territory is that they inform the governments in those areas of what their pricing practices and patterns are going to be in those communities. Committee Member Shelden: Why would they be interested ECONOMIC DEVELOPMENT COMMITTEE January 27, 1987 Page -26- in Kenai as a distribution point. I don't understand that, it seems like they would want to be in Anchorage, 9 that would be the logical choice. I understand the store down here, but all in business know the freight problem, shipping it here, then shipping it back out again.. Chairman O'Reilly: I'm learning that. 7. PREPARE NEXT MEETING 8. The next agenda will have, the Borough, School District, and the City. Committee will meet as scheduled on February 3rd, 1987, Chairman O'Reilly will meet with Janet Whelan to arrange a different night to meet. Chairman O'Reilly: I am concerned about whether we'll be able to get somebody from the State to discuss what happens in other communities that have tried this. Because that entire department of Commerce has been, that end of it, has pretty well been wiped out. I will check on this, and report to you on the next meeting . We will give this an over view of what they do in other communities. ADJOURNMENT Meeting was adjourned at 9:32 p.m, Riva A. Aburto dba/Niva's Clerical Services for the City of Kenai Frontier Training Center P.O. Box 2110 Soldotna, Ak. 99669 HISTORY: Frontier Training Center began actively serving persons with developmental p 1 Disabilities in February, 1985. Prior to that time Frontier TrainingCenter er was active as a steering committee to the People Count board of directors for DVR services and a standing committee to Central Peninsula Mental Heal th Center for DD services. The Frontier Training Center Board of Directors is comprised of parents, educators and other community representatives who are interested in the provision of vocational and residential services to handicapped persons on the peninsula. FUNDING: In the development of services on the Peninsula this group of interested persons was able to convince the State of the critical needs here and, through legislative advocacy, was able to secure funds to begin services. At this time, both the Vocational Rehabilitation Division and the Develop- mental P mental Disabilities Division provide funds for employment training and supervision; residential and respite services; and case management. In addition to these funds, Frontier Training Center was awarded $90,000 through a direct%legislative appropriation. This appropriation was intended to support services, but was never incorporated into the Develop- mental Disabilities funding package. ISSUES: 33-5707 We have been notified by the Developmental Disabilities Program that the proposed budgets for 1987-1988 have been written and have excluded the $90,000 legislative appropriation at the direction of the Governor. There is no way that the appropriation can be included for services to developmentally disabled persons without direct legislative action. This appropriation is approximately 41% of our operating budget. The loss of this funding will mean the loss of our Vocational program and a serious reducation in services to families of handicapped children and adults. PRIORITIES: Our Board has determined that its priority for funding 1987-1988 is the inclusion of.the $90,000 into the program services dollars administered through the Developmental Disabilities program. This objective supports This objective supports our commitment to employment and training services. Without these services, we believe that our handicapped adults will be . sitting at home; graduates of the school programs will certainly lose skills and the ensuing pressures on families may lead to placement out- side of the home. Our other priorities for the next year include stabilization of the respite and residential programs as viable resources in the Community. Lastiv, we anticipate there will be a critical need for a group home and other residential training programs for adult handicapped persons in the area. We already have identified at least seven adults ready to enter such a program. KENAI COMMUN I T Y L I B R A R Y Literacy Volunteer Week - Feb. 2-6. Tutor information: For more information call 28 3 ' Freedom Day - February 1 - Anniversary of President Abraham Lincoln's approval of the Thirteenth Amendment to the U. S. Constitution (abolishing slavery). Groundhog Day - February 2 - Old belief that if the sun shines on Candlemas Day, or ff the groundhog sees his shadow when he emerges on this day six weeks of winter will ensue. 19 Weatherman's Day - February 5 - Commemorates the birth of one of America's first weathermen, John Jeffries, a Boston physician who kept detailed records of weather conditions from 1774-1816. National Inventor's Day - February 8 -A day on which patented inventions are de- monstrated and special inventors are inducted into the National Inventor's Hall of Fame. Pencil Day - February 23 - The pencil has been around since 1686. Cedar is the most common wood used for pencils. The average cedar tree cut down for pencils will make 172,000 pencils! Wilhelm Grimm's Birthday - February 24 - Born in 1786, Grimm has given the world many favorite fairy tales. FRIDAY FLICKS: 7:30 p.m. Feb. 6: I Will Fight no More Forever: Chief Joseph Feb. 13: Conquest and Death (Nile Exploration) In Open Air (Art) Feb. 20: The Autobiography of Miss Jane Pittman Feb. 27: Tut, Boy King Mt. St. Helen's, Keeper of the Fire (Children 12 and under must be accompanied by an adult. Thank You.) TOTED! TRACERS: February 17, at 7:00 p.m. The regular meeting will be held in Soldotna, at the -LDS Library on Marydale Drive. This will be a tour of the library facilities. PRESCHOOL STORY HOUR: Every Thursday from 10:30 a.m. to 11:30 a.m. This special time is for three and four year old children. As a courtesy to the Storytellers, please be prompt. Thank you so much. MOTHER GOOSE and GRIMM Mike Peters COWAN THE UORARIAA1 _ _ _.... -- emem.eg, bid N � O� 0 1"1 K C+ N '114 He,po c� ' tl (D He c+ W m � O o• o En o ., � c� N N He U] 0 (D (D 'a N fn � o 0 OW•C 0 0 N Otd:F�t-+ N \10 t� i'0 � H rn o ►� (DLA.)a'�• �oa o � 4 � w E H• Pi 0 P M i-C :: ci- n O n •. (D z N (D - O Cn :: rt4 N He He � � N � ru�u • w O �d y N :� F-' O (D c+ P e- p �v U) O (D (D O 1-3 � rn 0 r (D 0 CD C+ (D O bd �-j �3' H1-3 F-' NEE> !� c+ PD t3' � ♦ , Pi He O U)" co C+ �o O lid ' t-I:4 ((DD 0 n '-1 O N O AD w o `o (D He ON 1-1 a N 0) He0 He C+ (D �-j P. F.J. fn O -1 ((D t-4 w(D Re d o�cn 1-1 E 0� Nd t✓• O c+ ii PD :31 0j 11 FS (D �aqEn `n 4 (D o 1-d PO C+ � 0 n ((DD 0 PD O - � N ...:. O w O rpi M R H• t-q a0 CIO p� - td He � N C+- 0' En Pi MAYOR'S REPORT FEBRUARY 4, 1987 1. Agenda Item H-4 (Selection of Auditor) - Move to B-1. 2. Agenda Item C-8 (Resolution 87-6, Bradley Lake project and Intertie ) - Move to C-1. 3. Kenai Peninsula Borough Resource Development Council Appointment - Les Vierra????? 4. Confirm Sally Bailie and Mayor as delegates to April 2 & 3, 1987 R11 �erence in Anchorage (Vince O'Reilly will not go). 5. Information No. 5 - Nominations due February 16, 1987. -AeW A1&^UokAAV �, 44V '*% ,�i�Q-t � /�'�L!/i1 �" .✓tom✓ ���yrt �� G� -- J �. TO DO LIST KENAI COUNCIL MEETING OF 2/4/87 1. Mayor - Steering Committee - Bicentennial 2. Mayor - Airport Ordinance - Revamp 3. KK - Contact HEA - Hold on street light project 4. J.Loper - Find conditional use permit given a few years ago for Beaver Loop/Angler Drive area gravel pit. 5. Mayor - Letter to ABC Board - One Stop Liquor 6. TR - Review By -Laws of Mayor's Council on Aging - compare with Standard Procedures for Boards, Committees and Commissions - number of members. 7. R.Ernst - Tie --down plan - by end of February. 8. Mayor - Letter to ABC Board - supporting E.D. Henderson in lifting restrictions from liquor license. AML NEWSLETTER Volume 8, No. 1 AML One Step Closer to Forming Insurance Pool For Members i For the past six years, the Alaska Munic- ipal League has been working towards a self- insurance program for Alaska's municipal- ities. Now, as a result of actions taken by he AML Board of Directors on Novembr 12 that goal may soon be realized. ' The Board has selected, , through a com- petitive process, Frank B. Hall and Company of Alaska, along with Hall Services Division of Briarcliffe, New York, to create a self - insured retention pool for AML members. That process has already begun, and will in- volve many hours of negotiations between the AML Board and Frank B. Hall over the next several months. Municipalities that may wish to join the AML for the purpose of participating in the insurance pool are welcome, and encouraged to join. During the month of December, munic- ipalities in the State, and some school dis- tricts received a comprehensive question- naire from Frank B. Hall regarding the com- munity or school district, and its exposure to losses, loss history, services offered, num- ber of employees, total payroll, property and structures owned and leased and spec- ifications for those properties, ' es t years of vehicles operated b YP etc. P y employees, Communities interested in taking this in- itial step, along with other AML members, were asked to fill out this questionnaire as completely as possible, and return it to the AML. The information gathered through this process will then be compiled, an taken by Frank B. Hall to the commercial ex- cess insurance market to u al d purchase addi- tional coverage for the pool, as required by State law. Because of the strict timetable re- quired by the excess insurance market, the League requested that the questionnaires be returned to the AML by January 15,1987. Completed questionnaires from munic- ipalities and school districts will serve as an indicator of tentative initial commitment to the AML's effort. A final commitment will be asked for from each community in April, once the administrative and excess insur- ance costs have been determined, and fig- ured into each participant's individual pre- mium amount. The program's startup date is targeted asJuly 1, 1987. Also, it is the Leaguers intention to "reward" those entities willing to join the pool as a "charter mem- ber." Com m u n ities waiti ng to the second or third year to join the Pool will a moderate "late fee P be assessed Any questions regarding this effort by the .eague to form a self -insured retention pool f orAML members should be directed to the .eague office in Juneau, or Jody Smith at ALASKA MUNICIPAL LEAGUE Frank B. Hall and Company in Anchorage at 274-2662. Information on the AML, an howto join, can also be obtained bywritin or calling the AML office in Juneau. g 1986 Conference Preview and Legislative Priorities The membership of the Alaska Municipai League adopted a new policy platform and elected a new Board of Directors at the con- clusion of their 36th Annual Local Govern- ment Conference held November 1214, 1986 in Juneau. George Carter, Mayor of Pal- mer, took over as the new AML President from Sitka Assemblyman Dan Keck, who presided over the conference as this year's president. The AML Board of Directors met following the conference to "boil down" the 25-page 1987 Pbl icy Statement and 33 resolu- tions, adopted at the conference, to several priorities for Alaska's municipalities in the 15th Alaska State Legislature and the 100th U.S. Congress. At the state level, the AML priorities are: funding of the State Revenue and Municipal Assistance Programs; the passage of a more equitable school foundation o ram an adequate fundingg level; adequate and reim- bursement and fundin levels construction debt g vels of the school equitable resolution of t am; a quick and he mental health land trust litigation; passage of a municipal land entitlement bill; and co P op- position to bindingarbitration for teachers and mandaeo aici or teachers ities in the Publ c Employees by municipal- ities Relations Act. At the federal level, the League will be concentrating on reviving the general rev- enue sharing program; protecting federal funding levels for the payments -in -lieu -of - taxes programs; restoring Bureau of Indian Affairs funding for rural edu • urging the passage of the proposed 1 and, amendments to the Alaska P sed "1991" Settlement Act. Carter Native Claims said while the pol- icies and the resolutions address a number of important issues affecting local govern- ments, the Board priorities will receive the emphasis of the legislative activities of the AML Board, Legislative Committee and the staff. The amended Polley Statement and adopted resolutions are bein and will be distributed to g published Ilate slators and t the membership, he press soon. Olemaun, Mayor of Barrow, was elected AML Second Vice President, which puts him in line for the AML Presidency in November 198& Also elected to the Board were: City Councilman Tom Friesen of Ket chikan; City Councilman Paul Whitneyf Fairbanks; City Councilman Delbert Rex drd of Barrow; and, Northwest Arctic Borough Mayor John Schaeffer of Kotzebue. (Continued on page 8) February 1987 Incoming AML President George Carte; Mayvr of Palmer, addresses the deleeggates at the.h An- nual Local GOvernment Conference in/uneau i November. Municipal Officials Go On Offensive by Linda Woodhouse Nation's cities Weekly Some7AW municipal leaders went to San Antonio, Texas in November for NLC's 1986 Congress of Cities on the offensive, "deter- mined to insert urban programs into the na- tional debate and to focus national atten- tion on the raw facts of human suffering," said San Antonio Mayor Henryisneros the outgoing president of NLry In the shadow of the AlamC. o, where Tex- ans made their determined last stand in their fight for freedom, city officials from across the nation agreed to launch a deter- mined fight of their own —in the battle to maintain a role for cities in the federal/local partnership. Four legislative priorities -on mandates, federalism and welfare reform, re -authori- zation of key urban programs, and tax re- form —were outlined by the Board of Direc- tors at their meeting on Saturday. And war --a war against drugs with an expand- ed federal role —was declared in a Human Development Pblicy Committee resolution that responded in many of its details to the call to arms issued by New York City Mayor Edward Koch at a general session on Sun- day. (Continued on page 8) Another mew.. . This column appears periodically in the AML Newsletter presenting views on issues ofgeneral interest to all municipalities. The views are those of the author, and are not necessarily those of the AML. The articles are printed at the discretion of the Executive Director. Views on other local government topics, or in response to the one presented here, are welcomed. Angoon Addresses Across Board Cuts The Council of the City of Angoon, with all members convened and present on this 18th day of November, 1986, do hereby adopt and submit this position paper for the consideration of the Governor and Governor -elect of the State of Alaska. It is ou r bel ief that the fi rst f u notion of the State government is to ministerto the needs of the citizens of the State of Alaska. Among these needs, Safety, Health, and Well-being must constantly be the highest priorities. We further believe municipal governments to be the most direct, efficient and respon- sive aids available to the Governor in ministering to those needs. .. In accordance with these beliefs, the Council of the City of Angoon takes the position that "across the board" budget cuts applied to Revenue Sharing Programs do not allow the possibility of responding to the above stated needs at their recognized level of priority. We believe that rather than proposing arbitrary "across the board" budget cuts, State government must be will- ing to tackle the more difficult (and more responsible) task of evaluating expen- ditures according to the level of "'direct - service benefits provided by the expen- diture to the people of Alaska. We believe "across the board" budget cuts to be damaging to the citizen in direct proportion to the deepness of the cut. This is particularly true when applied to Revenue Sharing, Capital Improvement projects and administration of State departments. It is also the tactic of the "lazy legislator" We support a policy of cutting the overhead, not the service. We believe Alaska is at a point where a hard look must be taken towards cutting ad- ministrative costs at the State level, thus freeing more dollars for direct application to local citizen concerns by the municipal governments. Departments, Bureaus, and Commissions AND their personnel need to be examined to determine, respectively, how much real service they provide and who is actually performing (Le earning their salary). Each should be able to demonstrate their worth relative to the! r cost to the State and, inevitably, to the voter. Finally, local hire must get strong, active support as it is crucial to ourwell-being. We (Continued on page 10) Municipal Associations Elect Officers Twelve municipal associations are Association Members of the AML. Most of these associations held workshops, seminars and elections as a part of their an- nual meetings in conjunction with the AML Annual Conference in Juneau. Listed below are the 1987 officers for the associations af- filiated with the AML. The names and ad- dresses for the president of the associations are also listed in the "Professional Direc- tory" in this Newsletter. 1987 Municipal Associations Elected Officers Alaska Parks & Recreation Assn. Steve`Weber, President City of Valdez Juarate Mazerik, President -Elect City of Unalaska Sylvia Harvey, Treasurer City and Borough of Juneau Arnold Albrecht, Secretary Juneau, Alaska Alaska Assn. of Municipal Clerks Linda Murphy, President City of Seward Marcella Dalke, CMC, Vice President City of Kodiak Dee I ngwersen, Treasurer City and Borough of Sitka Karen Miles, Secretary City of Ketchikan Alaska Municipal Management Assn. Ron A Garzini, President City of Seward Darrell Maple, 1st Vice President City of Haines Lanston Chinn, 2nd Vice President City of Anderson Dave Palmer, Secretary -Treasurer City of Craig Alaska Municipal Attorneys Association Jack Coyne, President Municipality of Anchorage Paul Cragan, Vice President Fairbanks North Star Borough Barbara Blasco, Secretary -Treasurer City and Borough of Juneau AML NEWSLETTER Alaska Association of Chiefs of Police Pat Shely, President Cit of Valdez Del Smith, Vice President Municipality of Anchorage Ed Martin, Secretary North Slope Borough Duane Udland, Treasurer City of Soldotna Alaska Municipal Finance Officers Assn. Dudley Haines, President City and Borough of Juneau Larry Semmens, President -Elect Kenai Peninsula B rough Joel Wilkins, Secreta City of Soldotna Craig Duncan, Treasurer City and Borough of Juneau Alaska Chapter/American PlanningAssn. Earl Finkler, President Anchorage, Alaska Tom Gallagher,Northern Regional Vice President, Fairbanks, Alaska Elizabeth Benson, South Central Regional Vice President, Anchorage, Alaska Peter Freer, Southeast Regional Vice President, City & Borough of Juneau Tom Gallagher, Secretary -Treasurer Fairbanks, Alaska Alaska Conference of Mayors George N. Ahmaogak, Sr., President North Slope Borough Ernie Polley, Vice President City and Borough of Juneau April S. Lapham, Secretary. Treasurer, City of Haines Alaska Women in Government Marcella Dalke, CMC, President City of Kodiak Linda Murphy, Vice President City of Seward Alaska Association of Assessing Officers Gary Lewis, President Matanuska-Susitna Borough Steve Van Sant, Vice President Palmer, Alaska Mickey Keller, Secretary -Treasurer Municipality of Anchorage Alaska Fire Chiefs Association Dewey Whetsell, President City of Cordova Bill Shechter,1st Vice President City of Fairbanks Rosemarie .Flynn, Secretary -Treasurer Cordova, Alaska 105 Municipal Way • Suite 301 • Juneau, Alaska 99801 • (907) 586-1325 STAFF: Scott A. Burgess, Executive Director and Editor Phyllis H. Larson, Administrative Assistant rASe ` February 1987 Alaskans Participate in National Municipal Conference AML President George Carter and four- teen other Alaskans joined with some 7PM municipal officials in San Antonio, Texas for the National League of Cities' 1986 Congress of Cities. They participated together with their peers from across the country in the policy discussions, leading to amendments of the NLC's national municipal policy. Plenary sessions were held throughout the four day conference on "key" areas —peo- ple, capacity, partnership and management, setting the stage for a variety of workshops. Attending the Conference were: Mayor Carter of Palmer, Assemblypersons Heather Flynn and Pat Parnell of Anchorage, Coun- cilmembers Ted Lehne (former), Paul Whitney, Janet Halvarson, Lowell Purcell and Jerry Noru m of Fairbanks, Assembly - person Rosalee Walker of Juneau, Council - members Alarie Stanton and Ed Zastrow of Ketchikan, Mayor John Williams and City Manager Bill Brighton of Kenai, City Ad- ministrator Erika Tritremmel of Akutan, and AML Executive Director Scott Burgess. Burgess serves on the NLC Board of Direc- tors. Ted Lehne had been serving as Chair of the NLC Steering Committee pn Energyy. Alaska delegation attheNW Busiriess~ngInUnMwft Tom Show, Om kftto 0"NMUM of Fairbanks; Ed Zastrow of Ket+chikan; Janet Halvorson of Fairbanks; Heather Flynn ofAnchorage; George Carter of Palmer, Mary Hajdukovich of Fairbanks; Alarie Stanton of Ketchikan; and, Paul Whitney of Fairbanks. AML haideirt Geo p CUW, A*W of ft mer, NW AIN81dent Henry Cisneros Mayor of San Antonio, during NW Congress of Cities Conference in San An- tonio, Texas, in December. Environment and Natural Resources. Flynn, Whitney and Stanton serve on the NLC Finance, Administration and Intergovern- mental Affairs Policy Committee. Walker serves on -the NLC Human Development Policy Committee, and Halvarson on the NLC Community Development Committee. Heather Flynn, AML 1st Vice President, accepted the Public Technology Inc. Achievement Award for Anchorage. The Municipality of Anchorage was given the award in the transportation category for their vehicle maintenance "troubleshoot" program. The National League of Cities, head- quartered in Washington, D.C., provides in- formation, training, and representation to cities and state municipal leagues across the country. Over 1300 cities are direct member cities of NLC. That includes seven cities in Alaska: Anchorage, Fairbanks, Juneau, Ketchikan, Valdez, Kenai, and Wrangell. For more information, contact the National League of Cities,1301 Pennsylvania Avenue, N.W., Washington, D.C. 20004 (202-626-3000). Also, for information about the NLC's Annual Congressional -City Con- ference in Washington, February28-March 3, 1986, please see the announcement elsewhere in this Newsletter. Also, a limited number of copies of the NLC brochure on the Washington, D.C. conference were in- cluded in the "Special Bulletin" mailing to municipalities in January. AML Nelelter Page 3 Alaska Municipal League 1986 Annual Report "Excerpts from the 1986 Annual Report presented at the 36th Annual Business Meeting in Juneau, November 14, 1986." Membership The AML membership, as of November 1986, stands at 121 municipalities, an in- crease of 5 since last year. The new munic- ipal members includeAniak, Bettles, Brevig Mission, Chuathbaluk, Emmonak, Holy Cross, Kotlik, White Mountain, and the Northwest Arctic Borough. Both Bettles and the Northwest Arctic Borough are not only new members but were only recently incor- porated. Unfortunately, Akhiok, Ekwok, Selawik, and Tunanak dropped their mem- bership this last year. There are also 76 Associate Members of the AML; an increase of 19 from last year. Associate Members include commercial firms, agencies, and state departments which show a special interest in local gov- ernment by supporting the programs and activities of the AML. The associate mem- bership also includes 13 municipal Associa- tions affiliated with the AML. The AML welcomes its new members and thanks the members that have continued their membership and support of the AML. Legislation The AML Board of Directors' legislative priorities included the funding of the state revenue sharing program, the municipal assistance program, school construction debt reimbursement program, and relief for municipal insurance problems. HB 506, the insurance pooling bill, and SB 477, the tort reform bill, both passed in the Second Ses- sion of the 14th Alaska Legislature to ad- dress the insurance crisis. The AML was heavily involved in both pieces of legisla- tion. School debt retirement was funded by the Legislature at $144.3 million to fullyfund the new debt incurred by municipalities. Revenue Sharing and Municipal Assistance funding suffered a greater proportionate cut (10% plus) than the overall State budget as approved by the Legislature for FY 87; the amounts were $53,199AM and $73,176,100. It definitely could have been worse, and later was when the Governor cut the revenue sharing and municipal assistance programs another 10% in July as a result of a further decline in oil revenues. Some other local government successes in the Second Session of the 14th Legisla- ture include resisting unnecessary and po- tentially costly limitations on municipal bonding; and, the passage of hazardous waste legislation on the community -right - to -know and also on expanding the emer- gency clean-up program. Again, attempts to require binding arbitration for teachers,, and mandatory collective bargaining for municipal employees, failed. The Governor also responded to the AML request to veto the Uniform Plumbing Code bill due to the amendments which made it unacceptable to many municipalities. The League and its member municipali- ties were less successful in the Legislature in their attempts to defeat additional costs resulting from serving domestic violence injunctions; the death of the municipal fiscal note legislation; the prior year data amendments to the municipal revenue sharing programs; and, the funding short- falls and amendments to the mandated, senior citizen's tax relief programs. The AML was also active on the national scene in Washington. While the AML con- tinued to support reducing the record fed- eral deficit, and simplifying the tax code, it opposed many of the specific proposals. Heading into the year with what was called a dead issue, municipalities camewithin in- ches of saving General Revenue Sharing. Due to back -room maneuvers and time run- ning out, we were denied a vote, and the program died, along with $16 million dollars of federal aid to Alaska. Pressure by munic- ipal officials, the much touted, but narrowly focused Gramm-Rudman solution to the deficit lost much of its appeal, and constitu- tionality. The tax code passed but was not simplified, and the revenues raised by mak- ing more individuals and corporations pay their fair share were not used to reduce the federal deficit; instead they were used to avoid another round of Gramm-Rudman cuts in an election year. After much pres- sure, the proposed changes in the tax code affecting municipal bonds and state and local tax deducti bil ity were softened in the final law but the costs of municipal bonding will increase and the authority will be lim- ited. The deductibility of state and local sales taxes was repealed. The AML was also active in the proposed 1991 amendments regarding tax -exemptions for "developed" land; resisting mandatory Medicare pay- ments by all state and local employees; and resisting separate EPA permits for all munic- ipal storm water discharge points under the amendments to and reauthorization of the Clean Water Act. Publications The League staff has updated and published many of the AML publications available to the membership again this year. The 1986 Policy Statement, 1986 Municipal Officials Directory (published jointly with DCRA), and FY67Municipal Salary Survey have all been published and distributed to our members. The Elected Officials Hand- book, updated last year, is available. Five editions of theAML Newsletterwere published last year. In addition, six Special Bulletins were published and distributed. The AML staff kept the membership in- formed of legislative action throughout the Second Session of the 14th Alaska Legis- lature with weekly "Legislative Bulletins." The staff also produced two special reports this year. The staff developed, conducted and published the results of a "Legislation Survey:' The survey reported the impacts of key legislative proposals before the Legis- lature and Congress. Unfortunately, only28 of the Leagues 116 member municipalities responded. Also, the staff, working with the Board, developed a questionnaire which was sent to all the gubernatorial candidates in the primary to get their views on key m u- nicipal issues. The responses were pub- lished and sent to the membership. The staff surveyed the membership to up- date our publications mailing list to insure that the proper person in the municipality was receiving the necessary number of copies to distribute internally to the elected officials and key staff. A problem is per- ceived that the Newsletter, Legislative Bulletin, and Special Bulletins is not reach- ing key municipal officials in order to main- tain an informed and active organization. Financial Peat, Marwick, Mitchell & Co. was again hired bythe AML Board of Directors to per- form an audit of the Leagu&s finances for FY 86. In their report to the Board dated Oc- tober 11,1986, the auditors found that the League's records "present fairly the finan- cial position of the Alaska Municipal League at September 30,1986... in accordance with generally accepted accounting princi- ples. . !. The Leaguers increase in working capital was $66,975 with a fund balance at the end of the fiscal year of $18107I. Actual revenues were up about &2%, while actual expenditures were down about 5.4%, for the year. At the August meeting in Kodiak, the Board approved the FY 87 budget. Antici- pated revenues and expenditures are $411,820 and $410,593, respectively. For the fourth year, the Board has not raised the membership dues. As directed by the Board, AML dues notices were sent out in October based on current population fig- ures from the Department of Community and Regional Affairs. Payment is due Jan- uary 1st according to the Constitution and Bylaws, and the early notice will help mem- bers and the League with their budgets. Insurance The AML Insurance Program, begun in April 1984, has continued to grow and meet many of the insurance needs of our mem- bership in difficult times in the insurance industry. As of the July 1st renewal date, over 100 municipalities and school districts were participating in the program. The passage of the- insurance pooling legislation last year, cleared the way for the League to pursue ways of improving the AML Insurance Program. At the Board's re- quest, four firms have submitted pooling (Con tin ued on page 5) Page 4 February 1987 Kristin Lambert; HeatherflynnaGeo�g Davidson;oBetiyC/icy%,1in5c��,r/ackF�vsherPau/Whim , Rexford; Phil Younker; and Dan Keck. / an So%mon; /ohn Deviens; /ohn Pugh; Delbert 1987 A.ML Board of Directors George Carter, President . . Heather Flynn,. 1st Vice President ........... • , City Of Palmer Nate Olemaun, 2nd Vice President...... , • , • ..... • ' ' ' ' • • • Municipality of Anchorage Dan Keck, Immediate •••••••••••••••.Cityof Barrow Past President City Joe Evans, Director ..... , • , and Borough of Sitka Tom Friesen, Director .. , , ; • , • . • • • • -Municipality of Anchorage Kristin Lambert•••••••••••...Cityof*tchikan Director ......................................... John Pugh ' City of Soldotna Director .................................. Delbert Rexford City of Kodiak Director................................,'.......Ci John Schaeffer, 'City of Barrow Director ........ C� ...........: ......................North George Davidson, Directorwest Arctic Borough ........................... John Devens, Director -City and Borough of Juneau Jonathan Solomon, Director .. City of Valdez Paul W ....... ............................City of Ft. Yukon Whitney Director ........................ . ••••••••••••••...Cityof Fairbanks Betty J. Glick, Past President ............... . lack Foster, Past President ........ . . . . . . . • • • ' ' ' ' ' ' ' ' • • • • • Kenai Peninsula Borough 'hilYounker'•••••••••••••••....City ofSand Pbint Past President.. . .............. .. ,Fairbanks Fairbanks North Star Borough Alaska Municipal Management Assbciatio � � ' . Uaska Assoc. of n ..............Dave Soulak, City of Palmer Municipal Clerks ...... Georgianna Booth Ket ►laska Municipal Attorneys Association chikan Gateway Borough . .. Phil Reeves, Kenai Peninsula Bormi,oh 986 AML Annual Report (Continued from page 4) Posals as of November 1st for review by Board in order to select one with which Burk to develop a,gML insurance pool is members. The target date to put a pro- n in place, if feasible, is.)uly 1,1987. ;rams ieAML, in cooperation with the Inter- )nal Institute of Municipal Clerks, the Newsletter 19_10A& University Of Alaska, and the Alaska Associa- tion of Municipal Clerks, put on the 1986 Municipal Clerk's Institute in Fairbanks last March. Fifty-seven clerks attended work- ing toward the completion of a three-year p Program; the successful completion Which results in certification asi of Municipal Clerk (CMC a Certified The AML al � by the IIMC. so cooperated with the Alaska Consortium for Municipal Training to develop and conduct (CAMS a 1 day Newly Elected Officials Seminar in Fairbanks last November. Because of its overwhelming success and favorable evaluation, the AML is again conducting the seminar in Juneau with the assistance of Ginny Chitwood and Dr. Clive Thomas and many municipal of- ficials. Both seminars were held just prior to the AML annual conference for t con- venience of its membershiphe TheAMlco . ntinued to provide services to the Alaska Municipal Management As- sociation and the Alaska Conference of Mayors under its service agreements with both organizations. The AML purchased/leased an IBM PC- XT personal computer with modem capa- bility. The staff is working to integrate h computer capability into its dailydu • e functions and hopes to Provide duties and vice to the membership better ser- vice future. ip as a result in the The Board and staff are in the process of soliciting proposals to assist the League in developing a strategic and action chart the course of the AML in responding to to and meeting the needs of P nding ship in the future. the member - The objective is to have a plan to present to the membershipat the 19V annual conference. Legislative Committee The AML Legislative Committee under the chairmanship of Dave Soulak, City Man- ager of Palmer, was active this year assisting A the Board and staff with the ML legislative Program. The Taxation and Finance and the Education, Elections and Local Government Subcommittees were the most active in working on the Governor's debt manage- ment package and school fundingg pro- posals. The staff used conference calls effective- lythis year with the Legislative Subcommit tees. While they cost the League money in phone bills, this approach saved time money for the members' representatives.and However, the calls cannot re for face-to-face co Place the need contact in terms of effec- tiveness, so meetings were also held dur- ing and following the Legislative Session. Board The Board of Directors functioned well under the new district system. The three ex- officio members representing the manag- ers, clerks, and attorneys provided valuable assistance to the Board. The Board met seven times thisyearto set AML policy and to spear -head the lobbying activities of the AML. Tw`o very active AML Past Presidents re- tired, perhaps momentarily, this year from local elected office: On behalf of the Board the staff and the membership, I want to sae ' thank you and best wishes for the future to Dave Walsh of Anchorage and Ted Leh n of Fairbanks. e (Continued on page 10) Page 5 5 C gage w . ': : FKF Y f� �S.Lx•' 3 +L f .zi } •� fP f 3 � ifi t:�' . 14� +A!;:ii �~ •••�. y 4p! y i '..��':ii ::/: lv .. {. f]C}:i�:�.:': v}.}}ii} .•} •. �::�:.:i'/..::...C•:_:v•v.�}'v'.:4v3�ii.(LL++:W'iT�G.:',+'��•.�t:.. February 1987 ONFERENCE JUNEAU letter �; Page 7 Municipal Officials Go on Offensive (Continued from Page 1) "I saw a determination and an optimism among the delegates" said Denver Council- woman -at -Large Cathy Reynolds, incoming president of the National League of Cities. "They understand what the reality of the situation is, and they are ready to roll up their sleeves and do whatever it takes to pro- vide programs and services for their citizens." Altogether more than 10AM people came to the National League of Cities' 63rd Con- gress of Cities and Exposition held November 29 through December 3 in San Antonio. It was the largest annual confer- ence in NLC's history. Pbrtland, Maine Councilor Pamela Plumb said she saw evidence at the conference of "renewed enthusiasm among members" after the hard battles of 1986, and looked for- ward to "a new positive national policy for cities:' Cisneros asked city officials to follow what he called "a rifle -shot strategy" in con- centrating on five "red-letter, red -flag issues" in December, January and February: tax reform; reauthorization of key city pro - rams, including the Clean Water Act, Fiighwayfunding and fund s housingand community development; welfare reform • f' p ', fightingg new mandates without funds to meet tfiem• and battling drugs. Addressing delegatesduringgthe opening general session, Cisneros said, � i g g d, besides those priorities, cities need to serve as "the conscience of this country" by insuring that difficult human problems such as hunger, homelessness and unemployment are top priorities for political candidates in the 1988 elections. "This or ganization- ization has to hold (those issues) up clearly so the countrycan see them in this important period we are entering. We have an obligation, as an organization, to keep those problems on the front burner" CDBG Grant Applications Sought The Alaska. Department of Community and Regional Affairs' Division of Communi- ty and Development (DCD) has sent out ap. plication notices to all eligible applicants for the Community Development Block Grant (CDBG) Program. The CDBG Program is funded by a grant from the U.S. Depart- ment of Housing and Urban Developement (HUD). This year it is being funded at ap- proximately $1,500AM An eligible jurisdiction is any municipal government entity defined by Title 29which exercises powers consistent with the pro- posed project, and is defined as a non - entitlement community by HUD. For more information, contact Terry Dale, Block Grant Administrator, DCRA-DCD, P.O. Box BC, Juneau, AK (4654890). State League Presidents honored at NLC Conference in San Antonia League Presidents shown (from left to right): Mayor Arthur Holk of Foley, Alabama; Mayor George Carte' of Palmer, Alaska; Mayor Ben Williams of Douglas, Arizona; and, Mayor Larry Combs of El Dorado, Arkansas. 1986 Conference Preview & Legislative Priorities (Continued from Page 9) Re-elected to serve a second term were: Assemblyman George Davidson of Juneau; Mayor John Devens of Valdez; and, City Councilman Jonathon Solomon of Fort Yukon. Palmer City Manager Dave Soulak was appointed by the AML President to serve a second term as the Chair of the 1987 AML Legislative Committee. Carte also ap- pointed 38 elected and appointed municipal officials to the four subcommit- tees that make up the AML Legislative Com- mittee (see names elsewhere in this Newsletter). In spite of cuts in municipal budgets and bad_ weather, 490 municipal officals and others interested in. local government reg- istered and attended the AML annual con- ference in Juneau, November 12-14, 1986. The conference marks both the end and the beginning of the year for the League in terms of evaluating its past successes, and in terms of setting out the legislative and service programs for next year. In addition to the 21/2 days of policy discussions and workshops at the conference, municipal of- ficials benefited from the opportunity to make contact with their peers from around the State, and discuss similar problems and possible solutions._Over20 firms and agen- cies participated as exhibitors at the con- ference to show how they had assisted, or could assist, communities. Several munic- ipal associations, including managers, clerks, attorneys, finance officers, planners, assessors, etc. also met in conjunction with the conference to elect 1987 officers, hold training seminars, and to prepare policy positions to introduce to the AML. Plans are already being made for the 37th Annual Local Government Conference which will be hosted this year by the Mu- nicipality of Anchorage. The meeting is ten- tatively scheduled for the second week in November. Plan to attend! Additions to Conference Roster It has come to our attention that the following names and addresses were in- advertently left off the 1986 Conference Roster which was mailed out in December. Fred Eoff, Senior Vice President and North West Regional Manager, Boettcher and Company, Inc., One Union Square .Building, Suite2010, 600 University Street,. Seattle, Washington 98101. Susan M. Bendio, Vice President, Boettcher and Company, Inc., 550 West 7th Avenue, Suite 1980, Anchorage, Alaska 99501-3594. We apologize for any misunderstanding or inconvenience this error caused to these Associate Members. rage a February 1987 4eW C&IRA CoInmoi iOfftnan ssioner David Hoffman, formerly a rural develop. --gent consultant and mayor of Ruby was vorn in )an uary8th as Governer C per's ,)mmissionerOf Community and R tairs. Given the need for an advocate for ::al government within the admini tra- an, the appointment came as welcome state ief to communities in the tment staff, who had h , and de- 'ommendations that rumors and at the department ;ht be disbanded. A change in the tment's name to the Department of De- al Development has also been rumored. In a meeting with AML Executive Director Scott Burgess, the day after he was sap - pointed and began work, Commis Hoffman echoed the Governors soner assisting rural communities to goals of economies to be develop their more self-sufficient. However, Hoffman indicated strong sup - Port of all local governments, refer rin the Alaska Municipal League as on to ""constituencies" andg e of of his *"'board of directors:' The Commissioner was busy together the Department's budget had to be into the Office of get which and Budget b Janua Management y ry 9th, and had to meet the Governor's target of a 20 % reduction of the Burgess emphasized the importanceuofthe" 79$7 AML Legislative CO mmittee Dave Soula Ch • Subcommittee on Education;C• of Pal 14 air Municipal Elections; and mer t Myers, Chair Local Government Powers 'Y of Galena Brentley Keene ve Vaughan, CO -Chair Kenai Peninsula Borough �iak Island Borough >alee Walker, Co -Chair and Borough of Juneau Boedecker ai Peninsula Borough c Griffin and Borough of Sitka Rose Palmquist Matanuska-Susitna Borough Cheryl Taylor City of Dillingham Valerie Therrien Fairbanks North Star Borough sharp, Chair Subcommittee on Taxation and Finance ,nuska-Susitna Borough J Dapcevich, Co -Chair and Borough of Sitka 31ajer, Co -Chair inks North Star Borough Fandel Peninsula Borough AcAdoo f Valdez Phil Nash Kenai Peninsula Borough Harry Purdy City of Galena Barbara Steckel Municipality of Anchorage Sandra Stringer Fairbanks North Star Borough Subcommittee on Land Use; Woolard, Chair Resources,. • and Economic Development Anderson Janet Halvarson Wis, Co -Chair City of Fairbanks iska-Susitna Borough Howard "Buzz" Otis 'gstad. Co -Chair 'eninsula Borough Fairbanks North Star Borou h Georgia Skannes g ;nasagga Wainwright City of Ketchikan Jeffrey Stephan !nnerlein City of Kodiak ►ality of Anchorage Marie Walli Is Inalaska Kenai Peninsula Borough Subcommittee on Transportation, Docks . and Ports, Mun.�c�pal Utilities; and Public Safety ner, Chair raig Martin Gunderson ey, Co -Chair City of Sand Point Borough of Juneau Dorothy Jones I, Co-chair Matanuska-Susitna Borough tzebue Vern Ungerecht ?rman Matanuska-Susitna Borough and Borough Ivan Widom rabaugh City of Bethel nsula Borough pater munI cipal assistance and revenue shari funds in that budget. While he ng pected cuts in those programs, his review of the department and his subsequent of the recom- mendations to the Governor h nt finalized. As a former ma had not been he was well aware of the importance said programs to municipalities,Portance of the them as high prioritis ' and supports budget. �n the Departments Commissioner Hoffman 33, was a ministrative assistant to the "Bush n ad - of the legislature in 1978 an Caucus" directed staff work on d 1�' and sub- sistence law. He was Alaska's first co-founder and first Ex- ecutive Director of the Bering Sea Fisher- man's Association in 1980. Since 1983 Operated a rural development em ' he service with his wife, Dee OlinPlOyment co -Executive Director of Hoffman, as meet Corporation. KOyukon Develop - He has also worked for numerous municipalities and businesses as co-owner of the management consulting firm, D & D Hoffman Association In e 1981. Hoffman received a B.A. de c'� since honors in Anthropology gree with Public Poli degree gy and a Master in and his wife Deg e from Harvard. David e, have four children. Job Vacancy CITY MANAGER. The City of Valdez a population of 31600, is seeking a with City Manager. Staff of approximately � 8 - $30,000,000. position beg ins no later April 20. Appointed by ater than council. BA in Public or Ad- ministration or comparable Business Ad_ parable experience Preferred. Previous experience as Manager or Assistant Ci Mana City � red. Must have inde ger prefer - Manager understanding of municipal financing techniques. Sala DOE. Applications accepted until Fe ry' 20. Send resume to City Managers Office, bruary P.O. Box 307, Valdez Alaska 99686. For fur- ther information, call (907) 835-431 . IF -NL L'-W'Fsiarlve committee Chair Davie Sou/ak, QyManagerof pa/mer, was reappointed to h the Committee in 19 r ead Page 9 1986 AML Annual Report (Continued from Page 5) Meetings In addition to Board and Legislative Committee meetings, members of the AML Board and staff attended a variety of national, regional and state-wide meetings during the year representing the AML. These included the 1985 National League of Cities' (NLC) Congress of Cities in Seat- tle, the NLC Congressional -Cities Con- ference in Washington, D.C., the National Association of Counties (NACo) - Western Interstate Region Annual Meeting in Col- orado Springs, the NACo Annual Con- ference in Las Vegas, the Public Risk and Insurance Management (PRIMA) Annual Conference in Boston, the International In- stitute of Municipal Clerks Conference, also, in Boston, and the Yukon-Kuskokwim Delta Mayors Conference in Bethel. AML Executive Director Scott Burgess was elected for a two-year term to the Board of Directors of the National League of Cities at their annual conference in Seat- tle in November. Ted Lehne of Fairbanks was appointed as Chair of the NLC Energy, Environment and Natural Resources Steer- ing Committee, and Elaine Seymour of Ket chikan was appointed to the NLC Small Cities Steering Committee. The AML also had a booth at the Congress of Cities Ex- hibition in conjunction with the NLC An- nual Conference. The booth was a big suc- cess, giving everyone a better understan- ding of this "Great Land" and the munici- palities in it. 1985 Conference and Business Meeting The 35th Annual Local Government Con- ference was held in Fairbanks, November 13-16,1985, and was hosted by the Fairbanks North Star Borough and the Cities of Fair- banks and North Pole. The conference was a success with the 4% registered delegates. At the business meeting, the amend- ments to the AML Constitution and Bylaws approved in 1984 took effect. The major ac- tion was to implement the change in the Board representation through the election process. A major part of the FY 86 staff work pro- gram was consumed preparing for the 36th Annual Local Government Conference in Juneau, November 12-14, 1986 Major for- mat changes included the resolution pro- cess and moving the business meeting from Saturday to Friday. Having received this Annual Report near the conclusion of the 1986 Annual Con- ference, we hope that it was a success, and. sets the state for another successful year for the Alaska Municipal League in its ef- fort to represent and improve local govern- ment in Alaska. We extend our thanks to the Officers, Directors, Past Presidents, Legislative Committee, members, and staff for their work in FY 86 ALASKA MUNICIPAL LEAGUE Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Year ended September 30, 1986 Actual Revenues: Membership dues $238,338 Conference 81,962 Associate dues 33f637 Publications and printing 9,.%6 Interest income 9,931 Training seminars 14,100 Public lands' service fee 4AW Contract income 31669 Office rental income 2,120 Other 695 $398A38 Expenditures: Salaries $111,588 Publications and printing 28,333 Conference 420849 Employee benefits 32,817 Postage 10,359 Travel and per diem 15" Office rental 16F4 Dues 11P8 Payroll taxes 7719 Telephone and utilities 7,220 Equipment rental 10AV3 Professional services 51331 Promotion 21259 Office supplies 51116 Training seminars 91462 Depreciation 4A63 Bad debts 2 fA2 ,Insurance 2�9% Insurance program 153 Meetings 2,884 Interest 585 Parking 918 Other 117 Total expenditures $3300827 Excess of revenues over expenditures 67r611 Fund balance at Oct. 1, 1985 113,460 Fund balance at Sept. 30, 1986 $181)0 Another View (Continued from Page 2) believe idle time is the major contributor to alcohol and drug abuse in Alaska, not an innate desire to be drunk or high. The Council supports the Municipal League position that Community & Regional Affairs programs should continue to receive fund- ing to develop municipalities, at least at last year's level. One particular area where this is important to the villages is the position of the Village Public Safety officer, who fulfills the duties of a State Trooper at min- imal cost to the State of Alaska. We believe the VPSO position needs to be re-examined in terms of the opportunity for career ad- vancement within that program, so that the VPSO would eventually have the opportuni- to become a State Trooper. In this way, y, t e State could eventually provide a Trooper in each village. As we all know there is no longer the same money available as when the oil was flowing,. Trimmingg back the bureaucracy which was createddurin those more ros- reerous times will not be a sim le task. We state our position that municipalities'P th •, are e most direct route to filling the needs of the people, and that municipal programs should not be subjected to across the board budget cuts. This transition period provides the g rfect opportunity to institutehan es which will oxide needed cuts in theg bud Wp I • State get. a believe this can be done with- out harming the municipalities' abilities to provide "direct service benefits to Alaskals citizens. Sincerely, Edward). Gamble, Sr. Mayor, City of Angoon Assessor Certification Program Announced At the 1986 Annual Meetingofthe Alaska Association of AssessingOfficers the Ex- ecutive Board adopted a I u nta certifica- tion program consisting of assessment ed- ucational and experience standard s ds for those qualified to perform in positions of municipal assessors or appraisers. Entry qualifications require service in the profession, commitment to continuing ed- ucation, and renewal of certification through specialized training offered bythe AAAO and the Internatinoal Association of Assessing Officers. The program is voluntaryto all employed in the ad valorem assessment protession and, through unanimous vote of Assessors throughout the State will be encoura of all w • , raged • • who aspire or occupy positions as municipal appraisers or assessors. Certifica- tion is develo around three levels of .. P� pro- fic�ency requiring •examination proof of educational participation, demonstrated practice of accepted approaches to value, defense of value in appellant hearings, and commitment to uniform and equitable value of determination: q It is anticipated that this program will form a basis for mandatory requirements; however, due to the expense of providing very specialized instruction and transpor- tation to centralized classes, it is realized that, without greater financial resources, the AAAO andlocal munici palities can commit to additional expense. The program ro ram does ro ide means of car- eer development and education for asses s- ment personnel that is documented and can have affect on future employment op- portunities. Particularly, voluntary participa- tion demonstrates commitment and inter- est which the AAAO expects will result in more uniform assessment administration throughout the State. For more information, contact Gary Lewis, President, Alaska Association of Assessing Officers at 7454801, or Mike Worley, Alaska State Assessor, at 465-4750. Page 10 February 1987 NACO Legislative Conference in Washington The National Association of Counties has scheduled its Annual Legislative Con- ference for March 14-17,1987 in Washington, D.C. at the Washington Hilton. County and borough officials from all over the United States will gather to review and amend the "County Platform;' the legislative policy statement for the members of NACo. The NACo Board will develop a set of priorities which the local government delegates will then deliver to their respective senators and congressmen in Washington during the Conference. A similar meeting will be held in February 28th through March 3rd by the National League of Cities, also in Wash- ington. See information on the NLC -- meeting below. The National Association of Counties (NACo) is located in Washington, D.C., and provides representation, information and training services to member counties and boroughs throughout the country. For more Information about NACo and the Legislative Conference in March, contact NACo at 440 First Street, N.W., Washington, D.C. 20001 (202-393-NACo). Coastal District Grants Awarded FY 87 Coastal District Grants The following grant awards cover the period October 1,1986, through September 30,1987 Awards were made based upon the following criteria reviewed by the Coastal Policy Council (CPC) in May1986: (1) im- plementation of approved programs and districts developing programs (except for municipalities where the question of whether to organize a Coastal Resource Ser- vice Area (CRSA) has not been resolved), (2) organization efforts, and (3) program development in areas where the issue of CRSA organization has not been resolved and special projects. Grant Recipient FY 87 Grant Akutan $ OL0 Anchorage 36B Angoon 13B Aleutians East CRSA 1127 Bering Straits CRSA 13&0 Bethel 25.8 Bristol Bay Borough 13r8 Bristol Bay CRSA 1127 Cenaliulriit CRSA 1127 Cordova 2M Craig. 2M Haines 0.0 Hoonah 184. Hydabu rg 184 Juneau 29A Kake 184 Kenai Peninsula Borough 1028 Ketch i kan 25.8 Klawock 11A Kodiak Island Borough Ou0 Matanuska-Susitna Borough 29A NANA CRSA 828 Nome 25.8 North Slope Borough 368 Pelican 11A Petersburg 0.0 Sitka OL0 Skagway 0.0 St. Paul Island 35A Unalaska 0.0 Valdez 25,8 Whittier 0.0 Wrangell 0:0 Yakutat 184 Contingency* 475 TOTAL $1,155.0 *Contingency funds will be used for in- itiating programs after the. issue of CRSA organization is resolved (i.e., Aleutians West region), printing and possibly travel to district conferences. * ARE CITIFS AND TOWNS IN THE PUBLIC INIEREST^? OKARETf I JUST ANOTHER SPECIAL INTEREST? In 1987, Congress will have to decide whether the nation's cities and towns —and the people who represent them —are part of the public interest or just another spe- cial interest. You know the answer. At the 1987 Congressional- City Conference you'll be able to make sure that your ANNLLAl representatives in Congress and the leaders of the admin- _. istradon hear it. And that they understand that it is not a philosophi- cal question but a matter of practical, day-to-day impor- tance to all the cities and towns of this country and to every person living in them. ` ��For full information, write the 1987 Congressional- *(���N �-� 1 �I . City Conference, Conference Registration Center, Na- FEBRUARY 28 •MARCH 3.1987 clonal League of Cities,1301 Pennsylvania Avenue NW, WASHINGTON, D.C. Washington, D.C: 20004, or call (202) 6263200. . txtaM UMUIE of arm AA4L Newsletter j p e .11 .: S. ... ........:..: .. �. ..... ...:mac. ..- .. ' � - . , ♦...i. . •. � . " " � _ '1 14 't PROFESSIONAL DIRECTORY All the firms and associations in this directory have demonstrated their support for local government by becoming affiliated with the League. Please take time to look through the directory and show your support for our Associate Members. Adak Regional School District Dain Bosworth, Incorporated' Timothy G. Middleton Standard Alaska Production Co. Post Office Box 34 999 Third Avenue, Suite 1500 717 M Street P.O! Box 196612 NAS-Adak, Alaska Seattle, Washington 98104 Anchorage, Alaska 99501-3307 Anchorage, Alaska 99519-6612 FPO Seattle, Washington 98791 Alaska Airlines, Inc. Sea-Tac International Airport P.OQ Box 68900 Seattle, Washington 98168 Alaska Municipal Bond Bank 601 W. Fifth Ave., Suite 430 Anchorage, Alaska 99501 Annette Islands School District P.O. Box 7 Metlakatla, Alaska 99926 Appraisal Company of Alaska 3900 Arctic Blvd., Suite 304 Anchorage, Alaska 99503 ARCO Alaska, Incorporated P.O Box 100360 Anchorage, Alaska 99510-0360 Arthur Young and Company 1031 W. 4th Ave., Suite 600 Anchorage, Alaska 99501 Bank of America -Public Finance 555 California Street, 9th Floor San Francisco, CA 94104 Boettcher & Company, Inc. 550 West 7th Ave., Suite 1980 Anchorage, Alaska 99501-3594 CH2M Hill 2550 Denali, 8th Floor Anchorage, Alaska 99501 Chatham School District P.O. Box 109 Angoon, Alaska 99820 Chevron USA P.O. Box 1GA39 Anchorage, Alaska 99510 Ginny Chitwood & Co. 19815 Tenth Avenue, N.W. Seattle, Washington 98177 Chugach School District Begich Towers, Room 1031104 P.O. Box 638 Whittier, Alaska 9%93 Coffman Engineers, Inc. 550 West 7th, Suite 700 Anchorage, Alaska 99501 Coopers and Lybrand 550 W. 7th, Suite 600 Anchorage, Alaska 99501-3558 Copper River School District P.O. Box 108 Glennallen, Alaska 99588 Corroon & Black, Incorporated 4220 B Street Anchorage, Alaska 99510 Deltana Community Corporation P.O. Box 825 Delta Junction, Alaska 99737 Dept. of Commerce & Economic Development -Div. of Enterprise P.O. Box EE Juneau, Alaska 99811 Department of Community & Regional Affairs P.O. Box BH Juneau, Alaska 99811 Dupere and Associates 510 Sixth Avenue Juneau, Alaska 99801 Ernst and Whinney 301 W. Northern Lights Blvd. Suite 601 Anchorage, Alaska 99503 First Southwest Company 9807 Commerce St., Suite 800 Dallas, Texas 75201 Foster and Marshall Div. of Shearson Lehman/Am.Expr. 123 Seward Street Juneau, Alaska 99801 Frank B. Hall & Company 510 L Street, Suite 200 Anchorage, Alaska 99501 Hogan, Mecham, Richardsom & Co. 1734 Tongass Avenue Ketchikan, Alaska 99901 Hughes, Thorsness, Gantz, Powell & Brundin 509 West Third Avenue Anchorage, Alaska 99501 Iditarod Area School District P.O. Box 90 McGrath, Alaska 9%27 John Nuveen and Company 240 Main Street, Suite 601 Juneau, Alaska 99801 KMG Main Hurdman 1001 Noble Street Fairbanks, Alaska 99701 Kramer, Chin & Mayo 124 W. Fifth. Street Juneau, Alaska 99801 Kuspuk- School District P. O. Box 108 Aniak, Alaska 995574M98 Lower Kuskokwim School District P.O. Box 305 Bethel, Alaska 99559 Lower Yukon School District P.O. Box 2W Mountain Vi I lage, Alaska 9%32 N C Machinery Co. P.O. Box 2138 Juneau, Alaska 99803 Office of Management & Budget Div. of Government Coordination P.O. Box AW Juneau, Alaska 99811 Ott Water Engineers, Inc. 4446 Business Park Blvd., Bldg. B Anchorage, Alaska 99503 Peat, Marwick, Mitchell and Co. 601 W. Fifth Avenue, Suite 700 Anchorage, Alaska 99501 Preston, Thorgrimson, Ellis & Holman 5400 Columbia Seafirst Center 701 Fifth Avenue Seattle, Washington 981047011 Pribilof School District District Office Building St. Paul, Alaska 99660 Prudential-Bache, Securities Inc. 111 Third Avenue, Suite 2750 Seattle, Washington 981M Rainier National Bank P.O. Box 3966 Seattle, Washington 98124 -Rasmuson Library University of Alaska Fairbanks Fairbanks, Alaska 99775-1010 Robertson, Monagle, & Eastaugh P.O. Box 1211 Juneau, Alaska 998021211 Rollins, Burdick, and Hunter 840 K Street Anchorage, Alaska 99501 Rural Community Action Program P.O. Box 3-3908 327 Eagle Anchorage, Alaska 99501 SEACAP 130 Seward Street, Suite 311 Juneau, Alaska 99801 Search Ware, Inc. 4101 Arctic Blvd., Suite 206 Anchorage, Alaska 99503 .Seattle -Northwest Securities Corp. Seafirst First Avenue Plaza Suite 37W Seattle, Washington 98104 Setpoint Alaska, Inc. 560 E. 34th, Suite 200 Anchorage, Alaska 99503 South West Regional School District P.O. Box 1% Dillingham, Alaska 99576 TAMS Consultants Inc. 4791 Business Park Blvd., Suite 1 Anchorage, Alaska 99503 Tlingit Haida Central Council 320 West Willoughby, Suite 300 Juneau, Alaska 99801 URS Engineers 825 West Eighth Avenue Anchorage, Alaska 99501 Wohlforth and Flint 900 W. Fifth Avenue, Suite 600 Anchorage, Alaska 99501 Yupiit School District P.O. Box 100 Akiachak, Alaska 99551 Alaska Assn. of Assessing Officers Gary Lewis, President P.O. Box B Palmer, Alaska 99645 Alaska Assn. of Municipal Clerks Linda Murphy, President R O. Box 167 Seward, Alaska 9%64 Alaska Assn. Chiefs of Police Pat Shely, President P.O. Box 3W Valdez, Alaska 99686 Alaska Conference of Mayors George N. Ahmaogak, Sr., President P.O. Box 69 Barrow, Alaska 99723 Alaska Fire Chiefs Association Dewey Whetsell, President P.O. Box 304 Cordova, Alaska 99574 Alaska Municipal Attorneys Assn. Jack Coyne, President P.O. Box 1%650 Anchorage, Alaska 99519-6650 Alaska Municipal Management Assn. Ron A. Garzini, President R O. Box 167 Seward, Alaska 99664 Alaska Parks & Recreation Assn. Steve Weber, President P.O. Box 3W Valdez, Alaska 99686 Alaska Chapter/Am. Planning Assn. Earl Finkler, President 1905 Stonegate Circle Anchorage, Alaska 99502 Alaska Women in Government Marcella Dalke, CMC, President P.O. Box 1397 Kodiak, Alaska 9%15 Municipal Finance Officers Assn. Dudley Haines, President 115 South Seward Street Juneau, Alaska 99W1 Page 12 January 1987- R