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1988-09-21 Council Packet
Kenai City Council Meeting September Packet 21, 1988 op ttENA1 C1'P1l COIUNCIG-`REiULAR MEETING BEpTMlYl6Ett !1. Im. • IM PM 0.. SCHEDULED PWW COWde(1O MN`�'`' 1. St plWl apt, ad 8t1Mmm • -w 1c. IN to Ki"', 1006 ,'t#i�'i�Cjf»�i,et!^�i�r?.:t. . PU841O NEARI 1 �s Er�� is ft:. t3M(ano"eiin%ri of 8uiwyj i of CW R "Lupd Lwds tp 2.Ord ram t Zti 89`� to 0 RwlAppra = Vl ais 8 Cdnvindori Bu�i ii; lorfit" Bt¢wtt.rnW y'ioO,000 .f `l;�i�3.ddirrioi12tlya6• RevMypni•Ri�MRo91ir ,BuMdfnOti�16;0OO;s.Np,ir4.���X.::ry 4.Prv"+.Orr'128t3.8A�tf'MICfg11110' RINJAppr1{'��BNIIOR a4 t, 6.Ordkwie. t 266'66.� .kiaotraobp RNH . Ubray Oranbr,;2t�O0O;�t'7%�.x�.flt�iiplar.t.ui�'�r.• 8.d�rna128741 •Naw�hgFOWApm,tOwkFu fo ;'R�#du Eupara�ton,ot P�Idnd.$a0�011nM.} �b�irrtd J ak'n,,tfOrdkwici 1269'QB,,.,M�il+�!2.!�YIH�!��OaYaM!�t to CHy, * t3al. oi,)c OrlStook 4 :ti•¢tt�.:36.590 uaarooi►e8��4;t��1":'r°�L�i-,.;,,�� �89•,T�a} Dudrp CMrks Jlbnna �� 1�0'.} q . S � } 1• +. rl '!, al (t,s �. to t. {r. + -d jet �n.t �1:,1Y,i1e: •.i, ;'b.'t.,Utf N "q ., �! # Shtd tfa •t� it i!�rt7J!`� Aiil"�iii`[iS{f��`ji: a�ll,:Y,1i?Y+t�i37�,�'.�ifi G ,O10 OWINE8 I / t)a a 'tea tinr1'W` 13 ¢!'n •, f : Bond ot'Ad mwm De • Fats FOV Pa*. v TM pulsAo to tnvlbd to itlend.ntl oortldprab• •.a„ r.1d it+Ir'p:, �.!1:9iz!?!�ifi�:i :F !17+ sr Y.rr't•: `(,{� ``�jk .'l,s. .:i'#:6`kiiia'!�!'+r M4;i�`•ri3-`ah.,a�..-- : s,r V r: :4 i AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 21, 1988 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. Be SCHEDULED PUBLIC COMMENT (10 Min.) 1. Stephan Signs, Guf Sherman - "welcome to Kenai" sign C. PUBLIC HEARINGS �).=¢ • I. Ordinance 1282-68 - Amending Kenai Municipal Code, Title 11 - Shifting Burden of Surveys & Appraisals of City Ceased Lands from City to Lessee Applicant 2. Ordinance 1283-88 - Increasing Rev/Appns - visitors & Convention Bureau, for Kenai Bicentennial - $90,000 3. Ordinance 1264-88 - Increasing Rev/Appns - Repair Roofs, City Buildings - $15,000 4. Ordinance 1285-88 - Increasing Rev/Appns - Senior Citizens - Borough Special Revenue Fund - $5,606 S. Ordinance 1286-88 - Increasing Rev/Appns - Library Grants - $21,000 6. Ordinance 1287-88 - Increasing Rev/Appns - Dock Facility, Expansion of Parking/Staging Area - $85,000 7. Ordinance 1288-88 - Increasing Rev/Appns - Repayment to City - Sale of Kenai Original Townsite, Lot 5, Block 4 Be Resolution 88-79 - Award Loader/Backhos to C. Taylor - $35,590 9. Resolution 88-80-- Transfer of Funds - City Clerk Salary During Clerk's Absence - $1,120 10. Resolution 88-81 - Request Municipal Aasdstance j from State D. COMMISSION/COMMITTEIE REPORTS Eff III n k: It r 1. Council on Aging •-^ Q( • k-k z9' kv,3,-* 2. Airport Commission � 3. Economic Development Commission ; 4. Harbor Commission 5. Library Commission 6, Recreation Commission 7. Planning & Zoning Commission S. Misc. Comm/Comm E. MINUTES 1. *Regular Meeting, Sept. 7, 1986 F. CORRESPONDENCE 0. OLD BUSINESS 1. Board of Adjustment Decision - Foster Bros., R/V Park 2. Airport Terminal Renovation H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2.' �^-4. Ri)quisitions Exceeding $1,000 Ordinance 1289-88 - Increasing Rev/Appns - Kenai Flats Wildlife Viewing Area - $180,000 4. Discussion - Priority List for Legislature a. Schedule work Session 5. Discussion - Aircraft Maintenance Building in Anchorage - Purchase of Blueprints Approval of Change Order M3 - Float Plane Basin - Doyle Const. - $41,266.66 I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk #� 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT- - - a:.e a-, --• C'1 ti? O - Y V , --J" r Ct V U L L i �1 . I i COUNCIL MEETING 0 Minna an IN 0 RUNMEN ONE ME Pm FOREE1010 04000mommosom - �It711't'J�IIi� �/�'J1717■�■��■■ 7-4 �.. E.IS �0 17 17 0 17 17�I►717P■■���■■ a WD VI./ /A rAmorAillmakip2m)VANIONSINNEIN mmmmmmmommmommommom 0 COUNCIL MEETING OF R r- SEPTEMBER 21, 1988 INFORMATION ITEMS 1 - Kenai Borough Minutes - 8-16-88 2 - Kenai Chamber Newsletter - September, 1988 3 - Soldotna Chamber Newsletter - September, 1988 4 - TO DO List - 9-7-88 5 - Kenai Borough Agenda - 9-20-88 6 - UAA Training Bulletin, Fire Training Facility - July/August 1988 7 - Comm/Comm Application - Veon Kiech 8 - Newsclipping - Seward, Marine Industrial Center Lease 9 - Newsclipping - Seward, Fish Processing Plant 10 - Seward Resolution - Fisheries Business Tax 11 - Billing - Wm. Nelson - Float Plane Facility - $111,836.09 12 - Billing - Wm. Nelson - Cohoe/Coral - $107,194.57 (Final) 13 - U.S. Dept. of Interior - Lands in Selection Pool, Fish & Wildlife Headquarters 14 - Anchorage Municipality - Economic Recovery Project - Nomination of Mayor Williams 15 - Comm/Comm Application - Tim Harbaugh 16 - Comm/Comm Application - Dan Roberts "/. R .-i c r i 1791-1991 1 CITY OF KE..... Ogtjf" 4 414241MOIF MORDAWO $=AI,ALASKA MNI TMAPHONE9t3.71M RAX907•283.3014 MEMORANDUM TO: Mayor Williams and City Council FROM: Chairman Wisniewski - Beautification Committee Janet Loper, Secretary SUBJECT: Welcome to Kenai Sign Two gentlemen came before the Beautification Committee with proposals for the "Welcome to Kenai" sign. Signs by Stephan and Sherman Signs. Of the two designs, the Committee favored the design presented by Mr. Guf Sherman. Both gentlemen expressed a desire to appear before the Council to make a presentation of the designs. Suggested By: Administration CITY OF KENAI ORDINANCE 1282-88 ' AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 11.20.110 ENTITLED "APPRAISAL AND SURVEY OF LEASED LANDS," SHIFTING THE BURDEN OF SURVEYS AND APPRAISALS OF CITY LANDS TO BB LEASED FROM CITY TO THE APPLICANT LESSEE. - -.- - WHEREAS, the present Kenai Municipal Code provides for appraisal and survey of leased lands initially to be borne by the City of --- .. -- - Y Kenai; and, WHEREAS, these costs are more appropriately deemed to be a responsibility of applicant lessees; and, +f WHEREAS, appraisal and survey fees may often exceed the sums " received by the City on an annual basis for a given lease; and, WHEREAS, shifting the burden of these costs may alleviate the possibility of .the City having to pay for survey and appraisal costs or applicant/lessee does not ultimately lease the land .in question. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF '. KENAI, ALASKA, that KMC 11.20.110 is amended as follows: 11.20.110 appraisal and Survey of Leased Lands: The [CITY] will furnish a survey and appraisal of the land in Applicant question prior to leasing. Any re -surveying or re -platting required will be the applicant's responsibility and expense. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Gist day t of September, 1988. ° JOHN J. WILLIAMS, MAYOR s; f. ATTEST: `. Janet Ruotsala, City Clerk First Reading: September 7, 1988 Second Reading: September 21, 1988 Effective Date: October 21, 1988 Approved by Finance: .... (8_/24/88) ;i 4 � 1 i, �i 4. �1 F f 01141111011111 Chevron U.S.A. Inc. P.O. Box 5555, Kenai, AK 99611 Robert F. Williams Manappee4 Alaftn ee6rrery Manu I urina Department Dear Mayor and Council Members: September 21,1998 Re: Ordinance and Appropriation for Kenai Bicentennial Tonight you will consider an ordinance to fund the 1991 Bicentennial Celebration. This Is an outstanding opportunity in many ways. First: to recognize the development and growth of a town we call home. Second: to promote to the rest of Alaska and outside that we are, and will continue to be, an ideal place to visit, live or establish a business. It Is proposed that the Kenai Bicentennial Visitors and Convention Bureau (KBVC) develop the Bicentennial program. This occurred because many Kenai residents were concerned that a city commission would have problems in some areas of fundraising. Furthermore, it was felt that without full time staff to help, the Commission would have a difficult time meeting the 1991 deadline. The KBVC Board of Directors met this week and were enthusiastic about working with all the people of Kenai on this project to celebrate the past and visualize the future. A number of creative Ideas were proposed and sub -committees are being formed to begin the process of preparing for 1991. The dynamics of this Board of Directors is an excellent resource for the Bicentennial project. You must decide what direction Kenai's Bicentennial project will proceed. If there is to be a celebration in 1991, and positive foundation set for the next 200 years, you must decide what commitment the City should make. The KBVC is prepared to be the organizing agency for the Bicentennial. We believe we can accomplish this service in an effective and cost efficient manner. We urge your positive vote on the ordinance. 200 years is a long time until the next Bicentennial Bench Mark - let's be sure we make the one In 1991 all we want it to be. Sincerely: R. F. Williams, President Kenai Bicentennial Visitors & Convention Bureau L. Suggested by: City Council City of Kenai ORDINAM NO. 1283-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF NMI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $90,000, IN THE 1988-69 GENERAL FUND BUDGET FOR ALLOCATION TO THE KENAI VISITORS AND CONVENTION BUREAU FOR PROMOTION OF THE PROPOSED BICENTENNIAL CELEBRATION. WHEREAS, Ordinance No. 1278-88 dissolved the Kenai Advisory Bicentennial Commission in the belief that a private non-profit corporation, the Kenai Visitors and Convention Bureau, could better promote the bicentennial celebration, and WHEREAS, the City will not exercise oversight responsibilities of the non-profit organization and expects that the independence of the Kenai Visitors and Convention Bureau will allow it to promote and obtain funding for the bicentennial celebration in a better, more efficient manner than the City could provide. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $90,000 Increase Appropriations: Non -Dept. - Grants to Other Agencies $90,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 1988. JOHN J. WILLIAMS, MAYOR =. Janet Ruoteala, City Clerk First Reading: September 7, 1988 Second Reading: September 21, 1988 --- <- ---- - Effective Date: September 21, 1988 ---- =-- - - Approved by Finance: (8/30/88) �1 l Suggested by: Public Works City of Kenai OAD119M NO. 1284-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $15,000, IN THE 1988-69 FEDERAL REVENUE SHARING FUND FOR ADDITIONAL ROOF REPAIRS. WHEREAS, Ordinance No. 1279-88 appropriated $20,000 for repairs of roofs on several City buildings, and WHEREAS, the Public Works Director is requesting an additional $15,000 to repair the roofs of the Airport Terminal, Public Safety, and Recreation Canter buildings. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Federal Revenue Sharing Increase Estimated Revenues: Appropriation of Fund -Balance $15,000 Increase Appropriations: -� Transfer to General Fund $15,000 General Fund Increase Estimated Revenues: Transfer from Federal Revenue Sharing Fund $15,000 Increase Appropriations: Buildings',- Repairs & Maintenance $15,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 1988. ATTEST: Janet Ruotsala, City Clerk JOHN J. WILLIANS, MAYOR First Reading: September 7, 1988 Second Reading: September 21, 1988 Effective Date: -September 21, 1988 - �Ij Approved by Finances � 9 (9/2/88) ,4 i t. 0"i MaMORAIiDUM TO: iiliam J. Brighton, City Manager harles A. Brown, Finance Director FROM: Keith Kornelis, Public Works Directo DATE: 8/17/88 SUBJECT: Federal Revenue Sharing Public Works requests additional Federal Revenue Sharing funds in the amount of $18,000.00 to include root repair work on the Airport Terminal, Public Safety and the Recreation Center Buildings. This is needed as soon as possible. t was hoping to get these roots fixed before the Winter. The new total amount would then be: "Buildings - roof repairs" $35,000 s.' Suggested by: Administration City of Kenai 02011 OM MO. 12OS-88 t ` AN ORDINANCE OF THE CODICIL OF TO CITY OF KENAI, ALASKA INCREASING f; ESTIMATED REVENUES AND APPROPRIATIONS BY $S,606 IN THE SENIOR CITIZENS -BOROUGH SPECIAL REVENUE FUND AS A RESULT OF GRANTS FROM THE = ` - KENAI PENINSULA BOROUGH AND UNITED WAY. ,LI' wHEREAB, the Kenai Peninsula Borough has awarded the City a grant for ` - - -- - Senior Citizen services in the amount of $37,606, and $35,996 was estimated in the 1988-69 Annual Budget, and WHEREAS, United way has awarded the City a grant for Senior Citizen ". services in the amount of $21,595 and $17,600 was estimated in the 1986-89 Annual Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ' ALASKA that estimated revenues and appropriations be increased as follows: -. Senior Citizens - Borough Increase Estimated Revenues: _- Borough Grant $1,611 United way Grant 3,995 5 606 _ Increase Appropriations: Repairs & Maintenance Supplies $ 550 r Small Toole 281 Printing & Binding 400 Repair & Maintenance 2,000 II Janitorial r Machinery & Equipment 1,775 's 5 606 ;:'.. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 1988. MAYOR JOHN J. WILLIAMS, ATTEST: f Janet Ruotsala, City Clerk _-_ ._._--.-------__--- _----. First Reading: - September 7,. 1988 Second Reading: September 21, 1988 y --_. Effective Date: -September 21, 1988 L 4 Approved by Finance: C r.i (8/31/88) J r G—.dr Suggested by: Administration City of Kenai ORDINUM MD. 1286-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $21,000 AS A RESULT OF RECEIVING THREE GRANTS FOR THE LIBRARY. WHEREAS, the City of Kenai has received a Public Library Assistance Grant in the amount of $10,000 to be used for the purchase of books and other library materials, and WHEREAS, the City of Kenai has received an Institutional Grant in the amount of $6,000 to provide library services to Mildwood Correctional Center and Pretrial Facility, and WHEREAS, the City of Kenai has received a Special Legislative Award in the amount of $5,000 for temporary personnel, books, and equipment maintenance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Library Grants 21 000 Increase Appropriations - Library: Salaries: Institutional $3,820 Special Legislative 1,969 $5,789 ESC: Institutional 38 Special Legislative 20 58 W/C: Institutional 22 Special Legislative 11 33 Repair & Maint: Special Legislative 1,000 Books: P.L.A. 10,000 Institutional 2,120 Special Legislative 2,000 14.120 Wdo a] 11 r- PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruoteala, City Clerk First Reading: September 7, 1988 Second Reading: September 21, 1988 Effective Date: September 21, 1988 Approved by Finance: r N (8/31/88) a C .6 Suggested by: City Council City of Kenai ORDIN=R NO. 1267-M AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $85,000, IN THE DOCK FACILITY CAPITAL PROJECT FUND FOR MWANSION OF THE PARKING AND STAGING AREA. WHEREAS, the Kenai Peninsula Borough has appropriated an amount not to exceed $85,000 to be paid to the City of Kenai for reimbursement for costs of transferring 30,000 cubic yards of sand from the Kenai landfill to the City of Kenai dock facility, and, WHEREAS, the sand will provide additional parking and staging area for the dock facility, and WHEREAS, reimbursement will be made on the basis of actual costs up to $85,000 per an agreement to be entered into between the Borough and the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Doc_ k, Facility Capital �Fund Increase Estimated Revenues: Kenai Peninsula Borough Grant $85,000 Increase Appropriations: Improvements Other than Buildings $85,000 PASSED BY THE COUNCIL OF THE CITY OF UAW, ALASKA, this 21st day of September, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: September 7, 1986 Second Reading: September 21, 1988 Effective Date.: September 21.-1988 Approved by Finance: (9/2/88) �1 C -7 Suggested by: City Council ` City of Kenai ORDIIoAM M. 1288-88 -- - AN ORDMNCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMTED REVENUES AND APPROPRIATIONS BY $22,813.45, FOR REPAYMENT OF' PRINCIPAL, INTEREST, AND TAXER PAID TO _THE CITY AND BOROUGH ON THE SALE OF LOT 5, BLOCK 4, KENAI ORIGINAL TOWNSITE. s. WHEREAS, in December, 1985, the City sold, for $39,425, by Quit Claim f. Deed, Lot 5, Block 4, Kenai Original Townsite to Ronald A. Nalston and Fred F. Braun, and - - WHEREAS, the purchasers have been unable to develop the lot due to a claim for the property by heirs of the previous owner, and WHEREAS, the City desires to allow the current owners to Quit Claim the r lot back to the City in exchange for repayment of principal, interest, and taxes they have paid toward their purchase, and WHEREAS, the owners have paid $14,819.68 in principal payments, $7,045.90 in interest payments, and $947.87 in property taxes on this lot. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Land Sales Trust Fund Increase Estimated Revenues: .� Appropriation of Fund Balance $14,819.68 71 Increase Appropriations: hi Land $14,819.68 - - - General Fund - Increase Estimated Revenues: Appropriation of Fund Balance $ 7,993.77 F Increase Appropriations: •,� Land Administration - Land $ 7,993.77 4 • �• f . y t. a i.. PASSED By THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of September, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruoteala, City Clerk First Reading: September 7, 1988 Second Reading: September 21, 1988 Effective Date: September 21, 1988 Approved by Finance: jal 2 r C Suggested by: Administration RESOLUTION NO. 88-79 A RESOLUTION OF. THE COUNCIL OF THS CITY OF RENAI, ALASKA, AWARDING jt THE DID FOR A LOADER/BACRHOE TO CRAIG TAYLOR EQUIPMENT FOR A TOTAL AMOUNT OF $35,590,00. WHEREAS, the City of Kenai received bids for the above mentioned loader/backhoe on September 1, 1988 from the following firms: •... 1 _. .. ,.... .• ..,_.- .s;}, BIDDER MODEL QSGY—17.S ;.----.-- - Craig Taylor Equipment John Deere 310C 8 35,590.00 Yukon Equipment Case 580R $ 38,660.00 NC Machinery Cat 416 $ 42,593.00 WHEREAS, sufficient funds are available; and WHEREAS, the administration recommends awarding the bid to Craig Taylor Equipment for the purchase of a John Deere Mode 310 C, and ._ WHEREAS, the Council of the City of Redai has determined that .a. awarding this contract to Cra a Tavlgr •Eauitiment for the total . ;;:, amount of S 3,.59 .QO is in the best interest of the City. • •- ';. - NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIjo OF THE CITY OF RENAI, ALASKA, that the bid for a loader/backhoe be awarded to Crgia Tvlor Equipment for the total amount of S 35,590,00. PASSED BY THE COUNCIL OF THE CITY OF RENAI, ALASKA, this 21st day of September, 1986. JOHN J. WILLIAMS, MAYOR Janet Ructsala, City Clerk j Written by Public Works: S T 1 �1 J TO: KEITH KORNELIS, PW DIRECTOR FROM: JACK LA SHOT, CITY ENGINEER DATE: SEPTEMBER 16, 1988 SUBJECT: LOADER/BACKHOE BID BIDDER MODEM AMOUNT Craig Taylor Equipment John Deere 310C $ 35,590.00 Yukon Equipment Case 580K $ 38,660.00 NC Machinery Cat 416 $ 42,593.00 Bids were received September 1, 1988 for the referenced equipment. The specifications were written closely around the Case 580K model backhoe, which as you can see, was not the product of the low bidder. However, upon a thorough review of the specifications, Dave Reetz and I feel that the John Deere 310C supplied by Craig Taylor Equipment meeto'specifications except for, in our opinion, minor items. Also, I have talked with John Vaughn of HEA about the John Deere 310C they purchased. They have about 1200 hours on their machine and are quite pleased with it. f �1 J r Suggested by: City Clerk 3 Y CITY OF KENAI 188O1MON W. 88-80 a. A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE A. FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1988-89 GENERAL FUND BUDGET. - ? From: Other - Contingency 1,120 4 City Clerk - Salaries $ 1,120 This transfer provides money for the Deputy City Clerk to receive the ' City Clerk's salary during the Clerk's absences of 5 working days or more per KMC 1.25.O30(c). The Deputy City Clerk's compensation was not provided for in the 1988-89 Annual Budget. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of September, 1988. e. JOHN J. WILLIAMS, MAYOR Suggested by: Administration �1 CITY OF KENAI FinoLuflom 90. as -al A RESOLUTION OF THE COUNCIL OF THE Crff OF KENAI, ALASKA REQUESTING MUNICIPAL ASSISTANCE FUNDING FROM THE STATE OF ALASKA. WHEREAS, AS 29.60.350 requires the governing body of a municipality to approve a resolution requesting municipal assistance funding; and, WHEREAS, the City of Kenai has a fiscal year beginning July 1 and ending an June 20; and, WHEREAS, the City of Kenai is desirous of receiving municipal assistance funding. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, by this resolution hereby requests distribution of funding from the municipal assistance fund to the City of Kenai by the Department of Community and Regional Affairs on the date required by law. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of September, 1988. JOHN J. WILLIAMS, NAYOR F Suggested by: Administration -.- CITY OF KENAI RESOLUTION NO. 88-82 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE FLOAT PLANE BASIN CAPITAL PROJECT FUND: From: Engineering $ 79,751 This transfer provides money for approval of change -order #3 to Doyle Construction Company. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of September, 1988. JOHN J. WILLIAMS, MAYOR ,D-y 1791-1991 CITY OF KENAI d ej 4".0 210 FIDAM KENAI, ALASKA M11 TELEPHONE 213.7535 FAX 907.283-3014 MEMORANDUM -..... .- .y T0: Mayor Williams and City Council r FROM: Kenai Advisory Harbor Commission -- ----- DATE: September 20, 1988 SUBJECT: Appointment to Kenai River Management Board The Harbor Commission was advised of Council's request to locate a - - volunteer to serve on the Kenai River Management Board. Tom Thompson, Vice Chairman has volunteered for the position if the Council agrees. A copy of the Council minutes which discusses the need for this }F: representative has been sent to Mr. Thompson. I i . I KENAI BEAUTIFICATION COMMITTEE September 13, 1988 Page 2 4. APPROVAL OF MINUTES of August 23, 1988 Minutes were approved as submitted. S. OLD BUSINESS a. _ Letter to Wards Landscaping The Committee approved the letter with the correction of changing the word "annual" to "perennial". 6. NEW BUSINESS a. New Proiects The Committee had already established the following as projects: Additional banners A storage building for Parks & Rec Cement pipes for plantings The Spur Highway/Marathon Road frontage cleaned up The Committee added the following items: Lawton Strip cleanup Old Town ROW for cleanup Edging grass areas downtown Old Town added to downtown beautification efforts Additional sidewalks to Memorial Park The Committee will hold one more meeting to firm up the list and add these items to the Goals and Objectives for next year. Director McGillivray entered the meeting and discussion turned to the clean up of the area between the King Oscars and Marathon Road. The land is currently in private hands and the City has not initiated efforts to do landscaping in areas. Mr. Aase would have to approach the City. Director McGillivray also reported that the summer crews have all left with only person remaining for a short time. The trees in the Memorial Park will be taken care of, as well as the trash at the beach. 7. COMMITTEE QUESTIONS & COMMENTS Councilwoman Bailie discussed the Committee's involvement with the Bicentennial efforts as the tasks of the two group are sometimes parallel. The Committee was urged to think about some ways to enhance the City in ways that would assist the tourist. S. ADJOURNMENT There being no further business, the meeting was adjourned. �1 i ii 5 f L_- B. C. D. E-I AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 7, 1988 - 7:00 BM CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Board of Adjustment: R/V Park - Angler Park 4. Agenda Approval 5. 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. SCHEDULED PUBLIC COMMENT (10 Min.) PUBLIC HEARINGS 1. Ordinance 1280-88 - Amending Kenai Municipal Code, Title 1 - Legal Dept. and Clerk Under Supervision of City Manager 2. Ordinance 1261-88 - Increasing Rev/Appns - Runway/Taxiway overlay - $337,500 3. Resolution 88-72 - Accepting $85,000 from Borough to Expand Boating Facility Parking/Staging Area, Using Excess Sand From Landfill and Extending Landfill Permit 4. Resolution 88-73 - Transfer Funds - Litigation Re/Western Marine vs City of Kenai - $10,000 5. Resolution 88-74 - Accepting State Grant - Road Improvements - $70,000 6. Resolution 88-75 - Accepting State Grant - Water & Sewer Improvements - $562,100 7. Resolution 88-76 - Accepting Bid - Overlay, Taxiway A&B S. Resolution 88-78 - Transfer of Funds - Sewer Treatment Plant Building & Improvements - $23,000 9. Resolution 88-77 - Request State Funding for Seafood Facility - 8950,000 COMMISSION/COMMITTEE-REPORTS - 1. Council on Aging 2. Airport Commission 3. Economic Development Commission �1 ..1 P- t, _ t t 4. Harbor Commission 5. Library Commission .: 6. Recreation Commission 7. Planning & Zoning Commission 8. Misc. Comm/Comm E. MINUTES 1. *Regular Meeting, August 17, 1988 F. CORRESPONDENCE 1. *Governor's Office - Recommendation of Sue Carter for Alaska Tourism and Marketing Council 2. *Sen. Stevens - P-3 Orion in Kenai 3. *Alaska Community & Regional Affairs - Revenue Sharing, Population Determination - 6,546 4. *Resource Development Council - Thanks for Support G. OLD BUSINESS 1.. Morgan\Golf Course Lease H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding 81,000 3. *ordinance 1282-88 - Amending Kenai Municipal Code, Title 11 - Shifting Burden of Surveys & Appraisals of City Leased Lands from City to Lessee Applicant 4. *Ordinance 1283-88 - Increasing Rev/Appns - Visitors & Convention Bureau - $90,000 5. *ordinance 1284-88 - Increasing Rev/Appns - Repair Roofs, City Buildings - $15,000 6. *Ordinance 1265-88 - Increasing Rev/Appns - Senior Citizens - Borough Special Revenue Fund - $5,606 7. *Ordinance 1286-88 - Increasing Rev/Appns - Library Grants - $21,000 8. *Ordinance 1287-88 - Increasing Rev/Appns - Dock Facility, Expansion of Parking/Staging Area - $85,000 9. *Ordinance 1268-88 - Increasing Rev/Appns - Repayment to City - Sale of Kenai Original Townsite, Lot 5, Block 4 10. Discussion - Kenai Flats wildlife Viewing Grant (Boardwalk) 11. Ordinance-1289-68 - Increasing Rev/Appns - Kenai Flats wildlife Viewing Area - $180,000 12.- Discussion Kenai River Special Management Area -- Nominations 13. Approval - Election Judges 14. Discussion - Priority List for Legislature I 15. Discussion - Airport Terminal Renovation - 1989 16. Discussion - Library Regulations .: I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT - _ . I-- - --. .IWU CITY COUNCIL - REGULAR MEETING 88PTEMBER 7, 1986 - 700 P.M. JOHN J. WILLIAMS, MAYOR PRESIDING A. CALL TO ORDER 1.„� Ple�dae of Alleaianoe Present:. Mayor Williams, Measles, McOomsey, Monfor, Swarner Absents Bailie, O'Reilly 3. Board of Adiustmsnt: R/V Park - Angler Park Xerw Mi?L&M and Council sambers - the Verbatim portion of this items is immediately following in your packet. Mayor Williams: The first item of business before the Council this evening relates to a Board of Adjustment request, by Mr. Gary Poster, Poster Construction, in a letter to the City Clerk. Before we go any further there are two items that the'Council needs to include with that material on A-3, one is a letter from Mr. Gene Burden, P.O. Box 3615 Kenai, and also a letter from Chris Garcia Box 203 of Kenai so if you would include those in your materials. The item of a Board of Adjustment will require that the City Council of course understand wholly the intent of the Planning Commission prior to, us taking the action. I would like to have our minds refreshed from the minutes of that Planning Commission. on page 12 of the Kenai Planning & Zoning Commission minutes of JULY 13th, Chairman Smalley said, (reading from that document) "ok we have a motion on the floor its been seconded, any further discussion. Do we want, is everybody squared away as to what the motion .. Commissioner O'Reilly this is the notion. This is the motion Chairman Smalley this is the motion requesting a public hearing to support facts finding of facts and so on which in a sense speaks against well no it dosen't either. It just speaking strictly on the conditional use itself it has nothing to do with the RV. I think that is the most important that we want to keep in mind at this time. It is just speaking strictly on the conditional use itself it has nothing to do with the RV. Commissioner Church. That's right call the roll." The vote was then taken, Chairman Smalley yes, Commissioner Bryson yes, Commissioner Church yes, Commissioner Nault yes, Commissioner -- - O'Reilly no. -Final action then on page 18 takes place. In which ,--from Chairmen Smalley, (again reading from a document) "any additional comments. Please read the notion. Planning Specialist Loper, move that the • 1, ...- .. �. F KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 2 Planning and Zoning Commission recommends approval of the amendment to the conditional use permit. Chairman Smalley cal;p the question. Commissioner Bryson no, Commissioner Church no,,: Commissioner Nault no, Commissioner O'Reilly yes, Chairman Smalley no." Now that brings us to the defeat of the motion that the Planning and Zoning Commission recommends approval of the amendment to the conditional use permit so it was denied by the Planning and Zoning Commission. Mayor Williams: You need also to understand Commissioner Smalley's final coMnenb in which he -said, "The only other thing I want to do is clarify to the City Council that our intent was to deny it as an amendment and to make it clear to them that the proper vehicle for bringing it back to the Commission is a new conditional use ... it doesn't say conditional use permit but I'm presuming that's what he meant. All right. So, what we have before us now and still is not quite clear in my mind is whether or not it's proper at this time to convene a Board of Appeals based on actions taken by the Planning Commission. City Attorney Rogers: The matter being appealed, as I understand it from the Planning and Zoning is specifically, the denial of the amendment of the conditional use permit. Not, not whether or not r a new conditional use permit should be issued. That's from the .. minutes that I have in front of me. Mayor Williams: So we're looking at, this relief from the denial of the amendment. L Councilwoman Monfor: Mr. Mayor. Would you really specific and real simple terms because all along I've been really confused why we're even having this tonight. Mayor Williams: That's the point of which we're trying to arrive, is this now the proper time in which to have this meeting. City Attorney Rogers: The specific request, from Foster Construction dated August 16th 1988 was quote "to request an appeal to the decision made by the Planning and Zoning Commission at their meeting dated July 13 1988." Then to ascertain what the decision was because it is not stated in the request of the appeal one refers to the P and Z Commission transcript of July 13th 1988 and the last portion read by the Mayor according to the record indicate that the appeal then is to the denial by Planning and Zoning to allow an amendment to an existing conditional use permit. You have several documents in front of you whether or not that sort of thing is permissible, it's within your power to hear presentation by the Fosters.- I would -urge you though to read -for the record if you're going to sit as a Board of Appeal tonight is that issue. To get into the record the memorandum that I've L El R KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 3 5 included that is identical to one which has been read into the; record previously regarding procedures of Administrative Appeq�s Board such as you would be sitting. Mayor Williames If the Council so chooses to sit as a Board of Appeals tonight, a procedure that will be followed is that we will adjourn as a City Council. We will then cans to order as a Board of Appeals, keeping in mind the sane as I believe the last time that any testimony given to us this evening will be given under oath. City Attorney Rogers: I'm going through the record, if in fact the Pastore want to pursue it on that limited basis, you might want to ascertain at this time, if that was their understanding of what they're appealing or whether they want to wait and submit a now conditional use permit and go through that route. Because the appeal at the point would be on very limited grounds and the testimony, I assume, the Council would want to limit the testimony to just those grounds, the amendment of an existing conditional use permit. It's very easy for one to look through the record and assume that this appeal was as to the whole of all things that have been discussed previously, regarding the siting of an RV park in that area. That's not the case. And I don't know if the people representing the Fosters or the Fosters are aware of the limited basis for the.appeal at this point and if they weren't they may wish to reconsider pursuing the appeal on those limited grounds at this time. If, however they do want to pursue the appeal then the Council does have an obligation to sit as a Board of Adjustment and hear that appeal. Because it is a step in the process to resolve disputes short of going to court. Councilwomen Monfort Mr. Mayor it would seem to me having read the minutes from Planning and Zoning and knowing this discussion has gone on for at least a couple of years, that the cleanest way to handle this and I hate to have to say this but for them to go back, come back in and apply for a new conditional use permit. Clear up all the muddy waters from behind them and especially from this last meeting with this amendment which to me has made no sense whatsoever for us to even be here as a hearing board, come back, probably have to come to us anyhow because, unless things change it may not be approved by Planning and Zoning but at least come with a clear cut issue will the Council approve or disapprove the new conditional use permit for you to have an RV park period the end. That's at least how I see it real clear cut. City Attorney Rogers: Simultaneously if I might. other options have been discussed, one could simultaneously urge either a rezone of the area or the incorporation into the code of a recreational zone. Or rezone into another existing area. or another existing classification. And it has been -discussed -that those would be possibilities to be raised on P and Z level, simultaneously with pursuing -...-what-the Fosters -are after in the -form of a new - conditional use permit. All of those then ... all those things �' �_i -A KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 4 l could be considered at that level, filter down to the Council so. the Council would have a very specific thing to consider discusp, and decide which would give a certain finality, to it, insofar as the administrative appeals process is concerned because I too, ' feel that, any Hoard of Adjustment hearing tonight may very well, depending on the outcome, well either way may not resolve the, issue. Regardless of what the Council may decide tonight it would not resolve the issue with any finality as to either party I believe. Councilwoman Monfor: Mr. Mayor and the other point that I would like to make to the Fosters and the other people in the audience, we are very short tonight. And, we're short two Council members and this is so important. I think its really important that this comes before the full Council. It would make a lot of difference. }- t.. City Attorney Rogers: I would urge that the Fosters go on the record as what their preference is tonight. Or whoever is representing the Fosters. Go on the record, either indicate that they want to proceed on that limited basis now, or they want to defer and, and go back to P and Z for resolution either to consider the one issue, under the conditional use permit, and or rezone and or a new classification in the zoning code. Mayor Williams: One of the problems I face Council with is that, in going over both the attorney's memorandums it would appear to me that, unless certain changes are made in the code itself, in the zoning code itself, it would be futile for the Fosters to return to the Planning and Zoning Commission to seek out new grounds so to speak and begin from scratch without a clear and defined direction as to whether or not when they approach the Council they can in fact, get, a conditional use permit. I think the first thing the Council has to come to grips with is whether or not they can legally have that permit without a zoning change. Councilwoman Monfor: And that has nothing to do with .... Mayor Williams: It has nothing to do with the public hearing or the, Board of Adjustment tonight, that's a decision I think the Council has to wrestle with itself. To determine whether or not the area should in fact be rezoned to accommodate an RV park. City Attorney Rogers: If the Fosters don't want that considered tonight that's the end of it right now so it might be well, I saw Mr. Foster back there with his hand up. If you put him on the record at this point at least you'll have some direction as to whether or not you're going to proceed. Mayor Will Lame: One of the things that we failed to do two -years ago, as you recall, is to address the subject of RV parks in general. There is no -provision -in any part of the -zoning -code; - - within the City of Kenai, save for old Towne, for the allowance of x, V J, i a tiro • i . I>; KENAI CITY COUNCIL - MINUTES ' SE ER 7, 1988 PAGE S RV parks at this time. Old Towne is the only area at the present time that there is such an allowance. I think that matter hau;to be dealt with first before we can consider the overall question of the Fosters. Gary Foster: I just had a couple of questions. We thought we were legal by asking for a revision of our conditional use permit. Is it not legal to do that, to ask for a revision and be granted a revision. Based on another use that is legal within the City? Mayor Williams: Well the problem that we face is that the Council is grappling with the question of whether or not it is legal to to issue any kind of a permit since there in fact is no provisions for RV parks within the City. Gary Foster: Is there anything against it? Is there a law against having an RV park in a residential area? or is it not legal. Mayor Williams: No•there is no law against it but that doesn't necessarily make it lawful. Gary Foster: But we were under the assumption that under the definition of RV park or parks that this was legal. And, I'd like to direct that to the attorney if I could. City Attorney Rogers: You certainly may, there, there is an opinion, not by me, using the Webster's dictionary I think as to definition of a park. And I consider that a strained interpretation not one that I would embrace, to expand the definition of a park to include recreational vehicle park. Gary Foster: We don't necessarily want to rezone this commercial. You know we want to build the nicest RV park in Alaska in a residential or recreational area. I mean, maybe its not described as recreational but it certainly is recreational. Mayor Williams: Once again though, as I say the problem that the Council faces is that they must, in their own mind, decide whether or not they can in fact, approve a conditional use permit in that area based on the present zoning. Gary Foster: Can we decide that? City Attorney Rogers: No. Tonight...... City Attorney Rogers: The matter in front of the Hoard if it is convened tonight, is solely whether or not it would be appropriate to amend an existing conditional use permit, to have an end use of the. property, other than what was granted originally in the conditional use permit. That is the sole question that would be the subject of an appeal. It would be very limited and if its not going to -solve the whole gamut of -questions that are arising � I � ca KENAI CITY COUNCIL • MINUTES SEPTEMBER 7, 1988 PAGE 6 { - that's why I suggested, and it's your prerogative that you may wish to have one hearing with Hoard of Adjustment to consider V41 . ;." the issues, the totality of the issues involved. Rather than the limited finding that could be made tonight. -_ Gary Foster: You don't have anything actually written that gays that you can revise conditional use permit? City Attorney Rogers: I have material that I can provide you, •. ." yes. " Gary Foster: You do have something? That says we can't do that or can do that. City Attorney Rogers: I'll let you read that for yourself, but ;f. basically it, it comes down I would say the weight of the story is - against, against what you're asking. I will, during the first recess make some copies for you. City Manager Brighton: The question you need to ask him is, - - y doesn't he have the right to request, an amendment to his use permit and yes he does. Yk City Attorney Rogers: Yes, you have already requested that at Planning and Zoning and you were turned down and if that's the ' issue you want resolved by this Council as an appeal board. " Gary Foster: Well, that's kind of what we thought. We thought we did this just right and they didn't actually say yes or no they just said in order to do this you have to start all over again, well we've been through this so many times that we didn't feel it "- was necessary to start over. We were stalled month after month. .1 City Attorney Rogers: I understand your position, I thought you k may have, because you letter requesting appeal, an appeal was rather brief. It did not state specifically what it was that they did. The Mayor has read into the record, from the proceedings of Planning and Zoning, what it was they did and they denied the amendment of your conditional use permit. If that's the sole issue you want resolved by and Appeal Board they can decide that based on a presentation that you make as well as the materials ;.:...• that have been provided to them as part of their packet. _ r. Gary Foster. So what good would that do us as far as, you know what we're after. City Attorney Rogers: If you prevail, and the Council rules in your favor, and over rules Planning and Zoning, then barring court ix, action_ with conjunctive relief by people on the other side, you " would proceed. If you lost, then I assume either you -would appeal on to the courts, or you would go back to Planning and Zoning with - - an alternative: Such as a rezone, -or the creation o anew - - �._ section of the zoning code for RV parks. Or some other alternative. J J if •. k,. iL r •- is y i Jo L i --- - KENAI CITY COUNCIL - MINUTES ' SEPTEMBER 7, 1988 ` PAGE 7 . Gary Foster: I think that's probably the biggest issue. We 3._. didn't think there was a law against having and RV park in a residential area. And that's my main question. City Attorney ' Rogers: Number one that's not the issue in front of the Council now. Gary Foster: Well, but its our main issue, it's where we are. City Attorney Rogers: I understand. I would research it. I can't afford to sit up here and say yes or no without having something in back of me, and that means the research that I've done and I haven't got a memorandum on that. I can't afford to - shoot from the hip and be wrong. I'm supposed to be right. Mayor Williams: Let me bring the Councimas attention back to the ' question of either continue as a Board of Adjustment or not. .t First of all, we're dealing only with the appeal to the denial that was issued by the Planning and Zoning Commission. That's the only thing that we can deal with right now. We can decide to over '1. ride the Planning and Zoning Commission and permit the conditional -- - use permit. In which case there obviously would be major legal questions that could bring us to the courts, or we can deny, as the Planning and Zoning Commission did, with the understanding that we could change'the Zoning which would allow for RV parks . which could very well bring us to legal problems and the court from the other side. We can take all the testimony we need, and buy the code, we then have thirty days to render that decision, in ' which case I will have to call a special meeting to consider all the material once its been presented to us. City Manager Brighton: Mr. Chairman without further clouding the issue, Planning and Zoning did not deny a special use permit, they " denied the amendment of an existing special use permit. The amendment is what has been denied. f Councilwomen Monfor: Can we go back to Bill's last statement. They granted the permit, the special use permit? City Manager _'. Brighton: Years ago. t` Councilman MaComsey: If this does come back and the Council rezones and makes land available within the City limits for RV *� parks, there will be no conditional use permit. Is that true? City Attorney Rogers: Then you would not, if you had a specific zone for theta you would not need a conditional use permit to have one in that zone. Councilman McComsey: Would this conditional '. use permit, how good is it, how long are they? City Attorney Rogers: well, in effect, you're talking of unlimited, in this situation, we talking of an infinite duration. Mayor Williams: It appears to me that the City cannot even entertain the idea of other RV parks within the City without • amendments to the ordinances. J L K it RENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 8 City Attorney Rogers: The problem exists that it is their right, of law, to appeal, they are insisting on an appeal. And I wan�,to gat the ground rules clear that it's a limited appeal. If they: want to pursue it you have an obligation to sit as an appeal board tonight for that limited purpose. But you should also limit the testimony that you hear to that specific issue, where it was, denied below. And you are deemed to be, this, and as an Appeal Board then make part of the record those materials that have been provided to you, both memorandums, letters, as well as the transcript of the preceding below. so that there will be a clean record should either party wish to pursue the matter in court. I not out the procedures for sitting, in my memorandum in front of the packet there. You should have sworn testimony under oath, allow, both sides to, to make a presentation before, closing the proceedings, of which you don't make a decision now. We will make, have a transcript made of the proceedings, we will then administratively extrapolate findings of fact to support the consensus of the Appeals Board and then the decision will be in written form. it will be circulated and signed off on, and will be made within thirty days of today's date. Because that gives you an opportunity to review the transcript, reflect on it, review the other materials, and then make decision and support it with findings of fact. Mayor Williams: I might say for the benefit of the general public J too that we have sixteen letters, spread almost evenly, for and against the project. This is the most, undoubtedly the most controversial project that I've come across since I've been here. If the City Council cares to continue, with the appeal process this evening we can continue. City Attorney Rogers: It's up to Mr. Foster. Gary Foster: You know a couple of things have come to my mind like, the letters that we have in favor and the letters we have against. There's got to be some credibility to those letters on both sides, isn't that true? I mean the letters that are legitimate letters should be weighed accordingly. The ones that are not legitimate are the ones that are actually saying we don't want these people to have a business in this area but yet we have one ourselves. Could we ask each one of those persons if they have a business operating in their ... Mayor Williams: There can be any questions asked that you want to ask. The problem that we deal with here is law. Whether is lawful to do what we want to do. Gary Foster: Well we want to do this lawful. In fact we're asking you guys that are the leaders of the City, we're asking you to tell us how to do this lawfully. How do we, can we build an RV park in a residential area. We want to build a nice one. - - Mayor -Williams: -1 think it's apparent that Mr. -Foster wants an appeals process to begin this evening. So if Council agrees to t. L I 7 Ji I �t y T� KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 9 that ... Gary Foster: Would it be out of order for us to maybe: recess for a couple minutes, for us to decide, because we didn't know, we didn't know exactly what was going to happen here. Mayor Williams: We can recess for a couple minutes. All right we'll stand in recess for five minutes. COUNCIL RECESSED. Mayor Williams: Mr. Foster. Gary Foster: I think we've decided we'd like to go ahead with our appeal. Mayor Williams: All right, let the record show then that Mr. Foster has requested that the Kenai City Council not as a Board of Adjustment. MOTION: Connailsms McComey mmmd to adjourn the City Commil to a retina of the Board of Adjnstm nt, Councilwomen Monfor Seconded. VOTE: Motion passed by unanimous consent. Mayor Williams: We will then adjourn the Clay Council to set as a Board of Adjustment and the City Council will cane back to order after the Board of Adjustment is taken care of. Mayor Williams: I will now call the City Council to order as a Board of Adjustment. In the matter of Mr. Gary Foster in his request on the appeal to the denial of the amendment to the conditional use permit as issued by Planning and Zoning. Keeping in mind that all the witnesses that testified tonight should be administered an oath and the oath will be that do you solemnly swear, I'll administer it first to Mr. Foster. 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. Gary Foster: I do. Mayor Williams: You are so sworn. All right you may continue. Gary Foster: We just want to appeal the decision of the Planning and Zoning to allow us to have our conditional use permit revised to include an RV park rather than a subdivision. We want it to read the mining of gravel and the ultimate reconstruction and the building of a lake and RV park. Mayor Williams: Questions of the Board. Seeing no questions, is there -any witnesses that you want to call before. Anyone that you want to come up Mayor Williams: Mr. Jack Foster, 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. 4 -i KENAI CITY COUNCIL - MINUTES - SEPTEMBER 7, 1988 PAGE 10 ! Jack Foster: I'd like to add to the decision making process here, 't that I feel this will go right along hand in hand with the arda. i This particular camper park, Gary and I and Steve are proposing here is going to be asphalt and grams. Its not your typical, gravel camper park. The lake right here, we've already contacted Fish and Game and the lake is going to be stocked with rainbows. And, and as everybody has their own little drum, I drum. We have senior citizens in this area. Its becoming more and more i evident all the time. And they can sit down here, free of charge and fish rainbows. Fish and Game says if we buy these fish we can -- - have a private fishing hole and let who we want in there and fish. i I think, when you can lay back on the bank, sit and fish like - - -, - - - that, its pretty mallow. You know its like back in Arkansas. You know, or something like that. Pretty laid back. I don't think we're going to get the clientele the opposition thinks we're going to get in here. They see something like sane of these other RV parks, I won't name 'am. And I've been in some of 'am too and they're wild and they're crazy. There's people launching boats, ►; there's people runnin' around in three-wheelers and dogs barking f and kids screaming, but we don't expect anything like this, what we expect is people like what was sitting in City of Kenai last x week. There wasn't very many children in that group of campers i parked right in the middle of town. Them are the type of people we want in this camper park. :. And we're going to set the pace. This camper park's no different than a subdivision, if you want, a fairly ritzy or high class whatever you want to call it subdivision, set the lots in at $50,000 or $60,000 a piece and you're not going to get somebody in ;a there setting up a little shed or a trailer house, you're going to r have a professional type individual that's got some bucks going to go in there and build a nice 5,000 or 4,000 square foot house. This is what we're after here. we're after, we're going to set the pace and I don't think we're going to have people walking all around these different lots. I can't see it. We have totally deleted what we proposed a couple years ago and that would commercialize this thing to where there would be a lot of people coming and going. And that's not to say that these people who can set up a guide service and have a guide come up and - - - - pick up some of these campers down here on this dock. They could do that if things work out. I think it could be compatible. with all the guides on that river, its a commercial area all ready, I :�. guess you all well know. with all the guides in that river, I believe that they can come up there to our dock and pick up these people, these, these retired people up from Arizona or where ever ___.._________._.___.____ : • they come -from.. - I _just feel like, this subdivision is compatible to the area because its going to be kind of a laid back type of RV park. s R, L L 4 KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 11 7; Mayor Williams: Is there any questions of Mr. Foster. Mayor Williams: Gene Burden P.O. Box 3615 Kenai. Do you aolem4ily 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. Gene Burden: I do. I'd like to speak on behalf of some of the residents that are not in favor of this. This project. The city code as relates to the issue on this appeal appears pretty clear. Section 14.20.158 indicates that the Planning and Zoning • Commission shall approve the application for amendment if the original application would have been approved had it contained the provision on the application for amendment. The Planning and Zoning Commission did not approve this, this project. I think for some real good reasons. I think that Foster raised some of those ` issues in his statement just a minute ago. First of all, the implications of the City in regards to support - of this project I think are, really go much further than, just the Beaver Creek area. I too, bought property in that area and I guess you could say its just the local residents complaining about ' it. But I think the implications maybe touched on by Mayor Williams in that I bought my property there, in 1986, I, I did check and I found that that was rural residential and that rural residential all the way over to Anglers. I bought it with that :.' idea in mind. I too, want, to have a place that I can kick my feet back and relax. I am opposed to a 100 unit RV park in the area because I, I think that, there's unquestionably changes the character of that residential area. The, the prospect of the dock being, or boat . launch being eliminated, I'm certainly in favor of that, but if, if you notice, the plans are to continue to have, guides come in, pick up residents there, that's very all, all hours of the day, a. Soldotna's had numerous problems have been publicized regarding ;t that lately. But getting back to the major point and the major point is, if the City, supports this project, with the current set of municipal code that you've got, your going to set a clear precedent that's going to make it very difficult for the City to reject a, a,'a proposal to put in a 100 seat restaurant overlooking Beaver Creek. You're going to make it very difficult for the City to reject a proposal to put in another non -conforming use in other rural residential, and I'd submit even urban residential areas. Because this'd really open the door to it. The City has been advised by the zoning, the zoning, the Economic Development Commission, previously of some of the prerequisites for an RV park and advised the Council that there were other locations that were much more favorable. That's not near services for RV, RV uses. And I guess that's another concern that many of us have is that, that, once the facility is in, how long is it before the service L �1 4. - .A C g, KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 12 L businesses that, that handle, the needs of those RV users start; coming in for permits. You know, under the existing, regulations that we've got and I'm not going to read the, the intent of rwml residential its real clear. And actions that interfere with ' environment of that rural residential by increasing traffic or materially altering the uses in that area, were.to be prohibited. And that was the intent when the zoning regulations were passed and that's what many of us relied on when, when we bought the property out there. You know, there, there are other issues other, other than, the fact that some of the residents out there are not happy about this. I think that, their environmental impact issues that haven't even been touched on yet. I think the application at this point is very sketchy at this point as far as environmental impacts, to the area. You know and on behalf of my family and myself I, I think a few other folks out there in that area really urge the Council to reject this. If you need to clarify zoning regulations or if you suggest take a look at the whole RV picture as far as zoning is concerned. I'd, I'd certainly support that, and one thing I want to make sure I, I actively supported development for Kenai Peninsula and this isn't pro versus anti development issue. This is really, a, a question of whether the ordinance that was passed I guess in 1984, whether that's going to be upheld. And, are you going to be opening the door to future variances that are going to be very difficult to, to avoid in view of a precedent like this if this goes through. I don't think you will be and I, I, 1 just hope that you deny this and, then take a more reasonable approach and that is to, to evaluate the whole issue of zoning regulations as it relates to RV parks, and, and the use of the city within the City of Kenai. Thank you. Jack Foster: I'd like to ask you a question. Do you live on Angler Drive? Gene Burden: No I don't I live on Doichok. Jack Foster: Have you looked at a set of specifications as far as the rules that this camper park is going to have? Gene Burden: Yes I have. Jack Foster: And where did you find them? Gene Burden: From some of the residents there that obtained copies of them. Jack Foster: Have you looked the site over pretty close? Gene Burden: (Inaudible) Jack Foster: I'm glad you researched this so good. Gary Foster: How far away do you live from this? Gene Burden: well Dolchok runs parallel with Ames because the area that I live in, and its, its from the border, (turned away from the microphone and portion inaudible) probably a couple hundred feet from the edge of, from the back of my property .... Gary -Foster: Are there any roads between the proposed RV park to your property or your subdivision? Gene Burden: _ w I know that originally there was a road proposed, an exit onto Ames and I noticed on the provisions or plane -that you've got here I don't see that. Gary Foster: There never was one. Gene Burden: There's, there was originally something that I'd seen that indicated an exit to Ames but that's really, Mr. Foster i - - -' :i KENAI CITY COUNCIL MINUTES SEPTEMBER 7, 1988 PAGE 13 that's not the issue to me, the issue is where you've got a clear set of rural residential area zoned, and, and you've got a cleV definition of the intent for rural residential, where do you dmw the line or, how, how do you go and use area within that for a' totally nonconforming use. That's that's my probably and, and - T ' from the City's standpoint I think ya'll got the City's problem !� for the rest of the City. We have zoning regulations and if we have non compliance in the area I'm in favor of not only that area of but throughout the City having, having compliance with zoning regulations. Gary Foster: You know this is not a hazardous waste dump, this is just a four month out of the year, first class RV park, I don't see how that stands to affect the value of your property. In fact I have asked quite a few realtors in the area their opinion of it and found that to be not true. Gene Burden: we've we've seen the Mayor Williams raps the gavel for order. Let the record show that this cross conversation is going on between Mr. Gary Foster and Mr. Gene Burden. You need to speak up so that the testimony can be put on the record. Gary Foster: That's all I have to say. Mayor Williams: All right is there any further testimony that isn't redundant to what has already been said that needs to come before us. Mayor Williams: Mr. Pelch 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. Mike Pelch: I do. First of all I'd like to comment I have a letter with a sketch of my property and I just wanted to be sure all you people have it and ... I have the, I own the property on ''. both sides of the lake (Mr. Pelch turned away from the microphone), eighteen acres, all this and this eighteen acres in here. I've been waiting about thirty years for this gravel pit to be done with and leveled out. It, now that it is about to I was assuming that something would be put in there that would not _ interfere with the proposed real estate lots that I have in mind for my property. If this, park goes in as is proposed now, my land would be pretty much valueless as far as real estate home sites would be concerned. So therefore, as I've indicated in the '.; letter, I would propose at the same time, and this is made into an RV park I would also make these two lots of mine into gravel pits. -- -,.- --_ - - -,, Its the only solution that I have in making use of that land of - mine. If this would go into real estate and homes, then I would ---- --- -- - propose I'd leave my two eighteen acre parcels as real estate - acreage. I I W J s 7. r OM CITY COUNCIL - MINUTES i; SEPTEMBER 7, 1988 PAGE 14 Now Fosters did say they were going to let me see a sketch of E their drawing and the first thing I noticed on here is, their plain office and showers and bath and everything is going to be right next to where sans of my best property adjacent to that is ' (turning away from microphone) right here, these pieces right here are the, that is next to their land (inaudible) my best lots. So there, that would be automatically out as far as I'm concerned. So as the situation stays, sets right now I'm opposed to this. RV 0 park. _ • That vale would our roe have at this time Gary Foster. B Y property over looking the gravel pit. Mike Pelch: Not much. Gary Foster: We probably have, we have as much to lose as anyone down there. We have a lot of money invested here also. Mike Pelch: Ok, for I; + the last thirty years you guys have been getting your money out of that gravel pit. Gary Foster: No we just bought it a few years ago. Mike Pelch: All right, well you're still getting money out of it. Gary Foster: Would that, were you there before the gravel a pit. Mike Pelch: Yes. Gary Fosters ....or was it there before you were. . Mike Pelch: I've been there thirty years. Any how, I've been - waiting to sell some late an these, these pieces of property of mine and its just about impossible over looking that gravel pit. I'd like to see you fix it up good. But if it's going to go into an RV park I mighte well forget about trying to sell home lots on _ - f that. Gary Foster: You mean over looking a lake, you don't think { - that would be desirable? Mike Pelch: Oh yes, but not as an RV park. Nobody's going to build a home over looking an RV park. I don't think so. Jack Foster: Mike is it your opinion of the value of those pieces or is that a professional opinion. Mike Pelch: A little of both. I talked to a couple of realtors about it and, and this is the way I feel about it too. I've been around the area long enough to understand the business of an RV park. Jack Foster: I would like to point out something an this picture here? Mayor Williams: Yes, please do so. Let the record show that Mr. j Jack Foster in conversation. i Jack Foster: This particular piece of property that Mike's talking about, we've just built up a large area here with dirt and, and by the time he puts a road in this piece of property, I'm pretty well sure, I believe that there won't be any room for v building lots before you get to a swamp, right just a few feet back, probably less than a hundred feet back from here and there will be a, at least a thirty foot easement or whatever for a road the eorough'd require -then there are no building lots -because this is a low area before you get back to high ground, so I'd just like - =-� ---- — -- - - - the record to -know that I feel that there are not any good building sites in that particular area. Not saying that it _ couldn't eventually be built up, that's possible. t L -- ----- --- r -- -- KENAI CITY COUNCIL - MINUTES ' SEPTEMBER 7, 1988 z PAGE 16 Mayor Williams: Mr. David McKechnie Do you solemnly swear that: the testimonythat you are about to give in the case now before. •. this board to be the truth, the whole truth and nothing but the r' truth so help you God under pain and penalty of perjury. ' David McKschnie: I do. David McKechnie: Well first off I'¢ like ;,. to point out that under the original conditional use permit, they - have to level the gravel pit and reseed it anyways. Also under the original conditional use permit, when they first came to the residents, they requested an RV, park. And we said no. We came to an agreement with Mr. Foster and Foster Construction, ' that they would put in a residential area. Not an RV park. Under that condition, we acceded to their right to go ahead and try and mine the gravel pit for whatever gravel is left. I think you'll notice under your own ordinance, you cannot amend, a conditional ;r use permit, that would have been denied, if it had come before the Council at that time. And it was denied at that time. And just so the Council knows where I live, and that I do have a real vested interest. I live right there. Foster own this piece .`., of property and, although they haven't told you this they're already guiding or they have guides going out of there now at this time. So I'm sure their future development here will increase traffic along my property, where my house site, right here. And maybe you'd like, to live next door to an RV park but I don't. And 1 don't care what they say, as far as what kind of development they're going to do because at this time so far they've still haven't met all the conditions of their original conditional use permit. Which was to provide barriers along all property lines. They haven't, there's none across mine. To reseed, they haven't, there's none across mine. So I question whether or not, the plans . that we see here are really the proposed plans that will be there in the future. Gary Foster: May I ask him a question please. Gary Foster: When we bought that gravel pit, that that barrier and the gravel pit and your place was not there. we cannot put that back. You failed to state that fact. David McKechnie: Ok I'll state that's a fine fact to state. But your conditional use permit, clarifies that you will put a barrier in there and you will reseed. Gary Foster: We will plant trees, that was already done. David McKechnie: That's that was your problem when you acceded to "x the conditional use permit. And that is in the minutes. And you �." agreed to that and not only did you agree to that but you agreed to slope it S to 1, which was also in the minutes. Which also 'A Gavel is banging. `.. 'cause David McKechnie: ... which sounds real good it was greater i than the 2 to 1. • F Gt. is 7.• t if! L J i =1� KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 19SO PAGE 17 i(( Mayor Williams: We continued the hearing based on the conditions of the pit and surrounding property values and one thing and another that may be somewhat relevant but, I think it's time to, move on to a higher ground and, and ... Gary Foster: Can I ask one more question, I don't know if this is relevant. Mayor Williams: Yes Gary Foster: Do you live there now? David McKechnie: You Gary Foster: Did you move back? David MaKechnie: Yes Gary Foster: Oh you are, when did you move in, yesterday? David McKechnie: Saturday. As a matter of fact. David McKechnie: I'd also like to point out that I've lived there for about fourteen years. Mayor Williams: Out of order. David McKechnie: And I don't think that makes any difference whether I live there or not. Mayor Williams: Mr. Chester Cone, 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. Chester Cones Yes. There's just a couple points that I would like to make to the Council. First of all is the need, of this RV park. We all know that, there are dozens of parks in Soldotna. And they're full to capacity. And at the present time we don't have the facilities to take care of them. But those people in those RV parka in Soldotna, they hire Alaskan guides to bring 'am down the river. And they come in front of our property and by the time that they've gotten to our property along the river, not only mine but all the river property, they're ready to go to the bathroom. And they use all our property for a bathroom. So, we are the bathroom for the RV parks in Soldotna. And this shouldn't be. If these people developed an RV park, first of all I sold the land to them, and say these opponents say well he has an axe to grind. I do. And every one of them have an axe to grind. The same protesters when I had the land protested for the last fifteen years so its nothin' new. But any say, about the RV perk. What Fosters do they do it right. And when they put that RV park there'1 be toilets, and the people, there'1 be all the facilities that they need, to hook up, and the people will be paying for it. They won't be parked all over the streets in Kenai like they are now there's no place for 'am to go and the few that do find their way over here now, they use the streets and the gravel pits and everything else. For their facilities -and no -body-gets anything out of it. -So we desperately need it and my second point was, that whatever these people tell you they'll do they'll -do it right. I -would inviteanyand all of you, to go down and see what they've done up to now, and you'll see whether they, they keep their word on it. Thank you. L r) J n i- - - i1 KEW CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 18 Mayor Williams: Thank you Mr. Cone. I think we'll limit the . testimony now and bring it back to Council. Council question , before us again, is whether to allow an appeal, the denial to the amendment to the conditional use permit as issued by Planning surd Zoning. Councilwoman Monfor: I was under the understanding that we did not have to vote on this tonight, you need to poll us to see how we feel. Mayor Williams: Don't we have a thirty day period? City Attorney Rogers: That's correct. At this point, that will be the motion, to be decided. But the Council needs time to study the rest of the record, make their consensus known, to the administration, who will then, before they make their decision, will compare the findings of fact. And then they can announce the decision, that decision must be, it conceivably could be tonight, I do not think it should be made today. I think Council should have an opportunity to reflect on it, direct the administration to draft, appropriate findings of fact to support what the decision of the Council is going to be. And then disseminate their decision in writing. Within that thirty day period. Mayor Williams: All right. Under the question brought by Councilwoman Monfor, according to our code, 14.20.290 that directs the appeals Board of Adjustment,•they do not have to make a final decision at this point, the question before us will be as read, paragraph b 2 of the code, 14.20.290, says that within thirty days after hearing the Hoard of Adjustment shall render a decision on the appeal and exercising the above mentioned powers, the Board of Adjustment may reverse, the Board of Adjustment may reverse or affirm, wholly or partly or may modify the order requirement decision or requirement. So, do you care to make the vote now or do you want to meet in special meeting. Councilwoman Monfor: Mr. Mayor, I know that everybody would like to have, a decision tonight, I have one question that I really need to have resolved by the attorney, and I think it makes all the difference in the world and until that can be resolved and he can research it I, 1 would not feel comfortable ... and I probably would vote no too. City Attorney Rogers: I will be in contact with the individual Council members to get their feelings because I will be the one I assume that you will want to prepare the findings of fact. And depending upon what your feelings are, I will prepare findings of fact to support that. I would ask that the diagram that's been referred to to be marked as exhibit A in these proceedings so it is part of the record, with permission of Fosters. Is there any objection to that? Ok thank you. -Mayor-Williams: Any other questions of Council? All right, then is it the desire of Council -to put off the decision on this matter until after the administration has reviewed it. KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 19 Councilman McCcrosey: If, after reviewing all this and we come to a decision to deny this, that means that no commercial entities. will be allowed in that area at all is that right? City Attorney Rogers: That's not necessarily correct. It's a possibility. MOTION: CoouncUman NcCmfty loved to adjourn seconded by Councilwoman- Monfor VOTE: Motion passed by unanimous consent Mayor Williams: All right. There being no further testimony and there being no further considerations by the Board of Adjustment, the Chair will entertain a motion to adjourn the Board of Adjustment until such time as, the administration prepares their findings of fact. MOTION: Councilman McComsey moved to adjourn, seconded by Councilwoman Nonfor VOTE: Notion passed by unanimous consent Council recessed and svconvensd as Council 4. Agenda Approval Mayor Williams asked to change: Item C-2 - Substitute Ordinance 1281-88 Item C-7 - Substitute Resolution 88-76 Item H-2 - There will be a report from Finance Director prior to vote. 5. Consent Agenda No changes B. SCHEDULED PUBLIC CONNENT (10 Minutes.) f I J 3'' r KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 20 C. PUBLIC HEARINGS r 1. Ordinance 1260-88 - Amending Kenai Municipal Code, Title 1 - Legal Dept and Clerk Under Supervision of City Manager MOTION: Councilwaman Monfor moved to table this ordinance, seconded by Councilman Measles VOTE: Notion pawed by unanimous consent 2. Substitute Ordinance 1261-88 - Increasing Rev/Appns - Runwa &axiway Overlay - f247,384 NOTION: Councilman Measles moved for adoption of Ordinance 1281-88, seconded by Councilwoman Monfor. Mayor Williams called for public comments, there were none. VOTE: Motion passed unanimously by roll call vote 3. Resolution 88-72 - 1lccepting $95,000 fsom Borough to Expand Boating Facility Parking/Staging Area, Using Excess Sand From Landfill and Extending Landfill Permit MOTION: Councilwoman Monfor moved for approval of Resolution 88-72, seconded by Councilman McComsey. Mayor Williams called for comments from the public, there were none. VOTE: Motion passed by unanimous consent 4. Resolution 88-73 - Transfer Funds - Litigation Re/Western Marine vs City of Kenai - f10,000 MOTION: Councilwoman Monfor moved for approval of Resolution 88-73, seconded by Councilman Measles Mayor Williams called for comments from the public, there were none. -VOTE: Notion passed by unanimous consent e KENAI CITY COUNCIL MINUTES SEPTEMBER 7, 1988 PAGE 21 S. Resolution 88-74 Accepting State Grant Road Improvements $70,000 NOTION: Councilmen McComsey moved for approval of Resolution 88-74, second by Councilwoman Monfor. Mayor Williams called for cements from the public, there were -T non*. VOTE: Motion passed by unanimous consent 6. Resolution 88-75 - Accepting State Grant - Water & Sever Improvements- $512,100 MOTION: Councilwoman Monfor moved for approval of Resolution 88-75, seconded by Councilman McComsey Mayor Williams called for comments from the public, there were none. VOTE: Motion passed'by unanimous consent 7. Substitute Resolution 88-76 - Accepting Bid - Overlay, Taxiway A.&B - Haglev's Trucking NOTION: Councilwoman Monfor moved for approval of Substitute Resolution 88-76, seconded by Councilman Measles. Mayor Williams called for public cements, there were none. VOTE: Notion passed by unanimous consent. Councilwoman Swarner asked when the project would be started, answer from Airport Manager Ernst, it will depend an whether the extensions for the taxiway lighting can be obtained this year. If there is too much of a delay it will be done next building season. The main thing is that it goes out for a grant this month. Councilwoman Swarner asked if this bid would be all right next year, answer yes. S. Resolution 88-78 - Transfer of Funds Sewer Treatment Plant Building G Improvements - $23,000 i7 NOTION: Councilman NewUs-moved for adoption of Resolution 88-78, seconded by Councilman McComsey. a n -- - - - - - - - - -- - _m -I .. .. _ n t c' c� t z;. KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 22 Mayor Williams called for public comments, there were none. VOTE: � Motion passed by unanimous consent. 9. Resolution 88-77 - Request State Funding for Seafood Facility - s950,000 MOTION: Councilwoman Monfor moved approval of Resolution 88-77, seconded by Councilwoman Swarner. Mayor Williams called for public comments, there were none. VOTE: Motion passed by unanimous consent. D. COMMISSION/COMMITTEE REPORTS 1. Council on Amin Councilwoman Swarner reported that there will be a meeting 9/13/88 at 8 A.M. 2. Airport Co mission Airport Manager Ernst reported on a meeting on 8/20, the meeting of September 8th has been cancelled. Mayor Williams reported that he will be out of town 9/15 through 9/17 and asked to be informed of the joint meeting with EDC. Councilwoman Swarner asked about the Saturday meetings at Mr. Ole, if this is going to be a standard time and day. Airport Manager Ernst answered that this change was at the request of the Chairman and it was discussed at the last meeting and the days will probably return to Thursdays. Councilwoman Swarner asked who was paying for the breakfasts, answer from Mr. Ernst, they are paid by the individual except on one occasion when it was paid on a personal bill by the Mayor. Mayor Williams answered that he put it on hie personal tab the first time because it was at his suggestion. 3. Economic Development Commission Mayor Williams reported that this Commission and the Airport Commission have agreed to a joint meeting, the date to be set. Mayor Williams stated that there is a report still in the works concerning the detachment issue. Hopefully, .it will be completed on October 13th. 4 J i 4= gENAZ CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 23 4. Harbor Commission ,! onel reported Chairman Qua ted that there was no meeting, however the: next meeting will by September 19th. Also, to ensure no error,. Chairman Quesnel reminded the Council of a meeting for Ports oaattan 91/23 and end end include asked eCouncil em and permission ravel expenaese �� Eldridge t MOTION: to approve the expenditures, seconded by Councilman McCo"ey moved Councilwomen Monfor work Williamst be authorityof the rforrthe City did not Anchorage. Councilwoman Swarner asked for a written copy of Mr. Eldgridge's report upon his return. Councilman McComsetheasked fishi g season were eChair port of the dock facilities during Chairman Quesnel answered that the Finance Director has the figures- Finance Director Brown stated he was not prepared. Mayor Williams asked Lithe Engineer could state - whether or not the City can get started on expanding the staging area this y� to City Engineer LaShot answered not this year, however, plans begin around April. Councilwoman Swarner stated that a resident suggested that we have a small boat harbor and have halibut charters run out of the mouth of the river and if any studies had been done. Chairman QuB nOl answered that Mayor Williams worked on that for several years. The last figure for that development was $3 million. Councilwoman Swarner asked if anything had been done since then, ans answer from Chairman Quesnel, no, that is why we have ended up with hat we have now. Mayor Williams stated that, while on the Harbor Commission he was able to secure a grant for $sO0,000 and expended the entire amount on a massive study on the entire system from the bridgdown which included computer modelling, harbor designs, and all pertinent data. The final figure was about $43 million. This would come out to be an approximately figure of $2,000 per year to park a boat there. Councilman Mccomsey asked if there had ever been an appeal to DEC or whatever agency who said there were stickle backs in the little creek. Mayor Williams answered that he would discuss this more with Council.later.on._ It is his belief that if we were to develop a plan, in the long reage,-predicated on development of the seafood industrial park, utilizing the wetlands area as aWe would natural habitat area in with the develop a System to allownfornthe flow ofnwater, perdustrial-phaps vs even a L L C KENAI CITY COUNCIL MINUTES SEPTEMBER 7, 1988 PAGE 24 salmon spawning ground for purpose of viewing by the tourists..;. This was done in Cordova. This would require as over all plaq,,and we would need to prove that we would enhance the area. Chairman Quesnel stated that the Commission had directed Public Works to write a letter to Fish and Game an this matter. boyor Williams directed City ftglmw 149bot to ensure that Owlmn onwo). in provided an answer to his letter. VON: Notion passed by unanimous consent 5. Library Commission A No meeting 6. Recreation Commission No meting, the regular meeting will be this month. 7. Plannina & Zoning Commission Councilman Measles reported that the Commission needs a member. Mayor Williams listed the other vacancies, this will be taken up at. the next meeting. Councilman Measles reported that most of that meeting was taken up • discussion of another conditional use permit as in the same area as the one that we talked about tonight. Action was postponed until 9/14. City Manager Brighton asked Councilman Measles if the conditional use permit was for bed and breakfast, answer yes. City Manager Brighton asked if there had been permits granted in that area for bed and breakfasts prior, answer, I believe there has been only one permit issued in that area for any purpose and there are certain businesses operating out there for other purposes, but we could only find one that had been issued. The party stated he had one, Janet stated she had not been able to find the record of it at City hall. Councilwoman Swarner: If there are that many businesses operating without conditional use permit, something must be done. Mayor Williams: We have a major problem dam there. City Manager Brighton: Rather than waste a lot of time on this, I think what we're going to do is have the Building Inspector do an examination and anybody that's in violation we'll just issue a cease and r'. desist order. Mayor Williams: I'm not sure we want to move that hastily. Councilwoman Monfor: It will get them all in here. Mayor Williams: We've got a major problem down there and I don't know if you want to go into the time to go into it and request administration to do anything along those lines tonight or not. City -Manager -Brighton: -1 don't -think we need direction. We might need direction to hold up and not do it. But it has now come to p r- KEW CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 28 light that there are many violations of the Zoning Code in that; area, we have a responsibility to address it. Councilwoman Monfor: That's right. It's in our code. If they're violating,; it.... Mayor Williams: Is it Council's wish that we go ahead and address the code issue and see how many people are in nonconformance. Councilman MCComsey: Either that or change that area into a different zone. Rezone it to the use its being put. Mayor Williams: Does Council have any objection to Council doing a survey? Councilwoman Monfor: I think it's a good idea. First of all, it will definitely got their attention, and secondly it is an issue we probably need to bring out from behind the closet door. It is an issue and it is a problem and it's something that we're not enforcing and I've often wondered if the bed and breakfast in Inlet View Subdivision has a conditional use permit. There you go. Mayor Williams: I guess administration can continue in the direction they were pointed in. e. Misc. Commissions/Committees Task Force Member Quesnel. There will be a meeting Sept. 12. They were waiting for information from Council. City Manager Brighton. In the Aug. 18 minutes the Task Force requested Council specify their goals before taking on any task. He has provided minutes of both Task Force meetings to Council. Councilwoman Monfor. It was the intent of Council to have a short turnaround Task Force get to a determination. We have received money for capital improvement projects, if you live in an area with water 6 sewer improvements, we will take that money for this. If you want paving, you must pay for it. With the changes in Council, we felt there should be a statement that the City should handle paving only. We wanted recommendations to Council with every area from all sides. They should say what their recommendations are, assess or we will pay. It is very specific. They should come to a meeting of the minds, it should be part of the Code. City Manager Brighton. We have 12 members on the Task Force, there are almost that many opinions. Councilwoman Monfor. Then they should come back to Council and say it is not workable. Mr. Quesnel. He will take this to the Task Force and that would clarify it. Councilwoman Swarner. She thought it would be on the ballot. Mr. Quesnel. There are 12 opinions from the Task Force, they want specifics from Council, this will satisfy them. Councilman Mccomsey. It says capital improvements in the minutes. City Manager Brighton. They have agreed that was for asphalt only. (Janet Ructeala, City Clerk) E. MINUTES 1. - *Regular -Meeting, August 17, 1988 6 �� i KENAI CITY COUNCIL - MINUTES -- " 1 SEPTEMBER 7, 1988 i. . PAGE 26 F. CORRESPONDENCE *Governor's Office - Recommendation of Sue Carter for Alaska 1. Tourism and Marketing Council - 2. *Senator. Stevens - P-3 Orion in Kenai 3. *Alaska Community a Regional Affairs - Revenue Sharing,, Population Determination - 6,546 .y�. 4. *Resource Development Council - Thanks for Support G. OLD BUSINESS i. MorQan\,Golf Course Lea8e Councilwoman Monfort Is this the night that we need to make a decision? Mayor Williams directed Council to the last paragraph ! of the memo from the Finance Director. City Manager Brighton i - ---- - -- — . - stated that the City Attorney, City Manager, and the Finance " f Director all concurred. Mayor Williams: Specifically, did he open the second nine holes at all this year, answer no. • Councilwoman Monfort Then we shouldn't need to do anything, right? Mayor Williams reiterated the policy that he will owe the 1 --- ---,-- - money only if he opens the second nine holes. City Manager Brighton: There is a draft for an addendum to the lease for Council's information within this memo. City Attorney Rogers: If I may address this draft document, y.,. because my impression was the Council perhaps was going to do something of this nature. I would refer you to two pages beyond it and the actual lease that is a binding legal contract presently existing between the parties that shows rents starting $5C0 going 1 to $10,000 per year then I modified that as per his request of the - ! Council in the addendum to lease to charge a more $1,000 for at • least the next 20 years and should he exercise option for 30 years. Mayor Williams: I think that the original lease approved by the ` previous Council is a fair lease. �I 4' 1 City Attorney Rogers: May I remind the Council that they drafted `.� the lease. Councilwoman Monfor agreed. City Attorney Rogers: They provided the document upon which the RFP was based, the response was from one party, the RFP was ultimately awarded. It was not responsive, the Council told me to redraft it to make it == _ responsive so we changed the documents to suit the proposal. Mayor Williams: We're not looking at a hardship case here, where ;,.•,_. ^f they can't afford the lease as outlined in the original document, we're talking the second through the fifth year at only $1,000 a year. Surely, we're not talking about something that's of major importance, we're only into the second full year of operation. �i i `i KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 27 Councilwoman Monfor: I agree with what you're saying, I was just looking at this and at any time we can renegotiate the terms of, the lease, I think we should do nothing. Councilman McComsey:•: The sixth year we may do the same thing. City Attorney Rogers: Our proposal initially in the RFP had, access to the books, that was stricken out by the other side. It's none of our business, its not part of the agreement that we would know what kind of revenues are generated and that's why the lease rate is not based on usage at all and that was the bargain for agreement as drafted by the other side. Mayor Williams: What prompted the request to draft an addendum to this lease to begin with. City Attorney Rogers: Initially, there was a request to be exempted from taxes. I urged the Council to find an alternative to that because I maintained it is legally impermissible to do that. Then there was discussion and a suggestion by Mr. Morgan as set out in his hand written presentation that I included in this packet. He was requesting a reduction of all rents from $10,000 or whatever it might be that year to $1,000 for the duration of the lease which will run some 20 to 30 years. There seemed to be some support for that from Council. Anticipating possible avenues that Council might take, I felt it appropriate and I recall that there seemed to be direction given to at least draft a draft addendum to the lease to accommodate Mr. Morgan. That I have done. I did not recommend that the Council enter into that because there is a failure, as I see it, of consideration as to the taxpayers. There is still a problem which I assume is going to be addressed by Mr. Morgan, of the payment of taxes on the lease hold estate. It is the Borough's opinion, it is the City's opinion that he pay those taxes. Mr. Morgan's presentation includes, as you read here, and is existing in the packet allegation that I had deleted the language from the document at the time in jest. I can assure you I wasn't joking. And he was aware of my modifying his proposal at the time to delete a provision that exempted the property from taxes. There were also discussions between the City Manager, the Finance Director, and the City Attorney, NBA and Mr. Morgan that I recall just having mentioned the tax issue at that time. Mayor Williams: From reading Mr. Morgan's letter it appears as though he misunderstood the intentions of the City when the words concerning taxation were stricken from the contract to be signed. City Attorney Rogers: I would not concede that, I would agree that it is his position that he had some other understanding. Mayor Williams: Can you advise us the basis for taxation was on that land this year? Finance Director Brown: I didn't look it up, no. Councilman McComsey: Would you guess about $6,000? Council agreed that was approximately correct. N �. J x: 4.. ✓.. 4 ; r— , KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 28 Mayor Williams: I'm trying to determine if there is anything that 1 warrants the Council continuing to evaluate changing the rent schedule. Councilman McComsey: What he was trying to do, I believe, is with this $1,000 paying the taxes would equal out.' Mayor Williams: The point here is that the City has never, in any of it's contracts made a secret of the taxes, it's always been in bold print, you will pay the taxes. City Attorney Rogers: Mr. Morgan is represented by the former City Attorney. Mayor Williams: I see no reason to take any action. H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Monfor moved to pay the bills, seconded by Councilman Mccomsey VOTE: Notion passed by unanimous consent. 2. Remisitions Exceeding $1,000 Finance Director Brown: Administration is.asking that the NC Machinery, 966 wheel loader, the $133,000 needs to be taken off to allow for evaluation of purchasing procedures and the bidding requirements further. I have raised a question as to whether we've followed all procedures. MOTION: Councilwoman Monfor moved that we pay the requisitions over $1,000, seconded by Councilman McComsey. City Attorney Rogers asked to delete Real Estate Services Corporation in the amount of $1143.15. That relates to an arbitration where both sides picked this individual and we owe no more than half of the amount listed here which won't require approval. Mayor Williams: Most of these deal with revenue sharing items that we had agreed to purchase, however, there is a request for $2,000 for a Mac work station at the library. While I have no objection to the library having the work station, under H-7 I see the library received a grant for $21,000 and asked if some of that grant money could be spent for the computer. Library Director DeForest answered that $6,000 of that is for Wildwood and I have no control over where that money goes. NOTION AMENDMENT: Councilwoman Nonfor moved -to -delete the NC Machinery, 966 .wheel .-. loader for $133,396 and the payment to the Real Estate Services -Corporation for-$1143.15, seconded by Councilwoman Swarner._ y -- s r'r _ . ._. A S. f< p „i KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 29 VOTE - AMENDMENT: ,t Motion passed by unanimous consent VOTE - MAIN MOTION: Motion passed unanimously by roll call vote 3. *Ordinance 1262-86 - Amending Kenai Municipal Code, Title 11 - shifting Burden of Surveys & Appraisals of City Leased Lands from City to Lesseq Auol� ican-t� Consent Agenda Item 4. *Ordinance 1283-86 - Increasing Rev/Appns - Visitors & Convention Bureau - $90,000 Consent Agenda Item S. *Ordinance 1284-88 - Increasing Rev/Appns - Repair Roofs, Citv Buildings - S1S,000 Consent Agenda Item 6. *Ordinance.1285-86 - Increasing Rev/Appns Senior Citizens - BoMugh_ Macial Revenue Fund - SS.606 Consent Agenda Item 7. *Ordinance 1286-88 - Increasing Rev/Appns - Library Grants - $21.000 Consent Agenda Item S. *Ordinance 1287-88 - Increasing Rev/Appns - Dock Facility, Expansion of Parkin/Staaina Area - $85,000 Consent Agenda Item 9. *Ordinance 1288-88 - Increasing Rev/Appns - Repayment to City - Sale of Kenai Original Townsite, Lot S. Block 4 Consent Agenda Item 10. Discussion --Kenai Flats -Wildlife Viewing Grant (Boardwalk) L Mayor Williams: I have a real problem at this point in time of dealing with a $52,000 appropriation. Based on the fact that the Chamber of Commerce has fully prepared their financial involvement for us here in that they have only shown $8,000 as their total participation: They -have not considered -all materials -yet to -be donated, as I understand they have not yet considered additional cash-ta be -raised. --I .would like to refer this matter back -to -the Chamber for further information and asked Mr. Quesnel to report. MWAI CITY COUNCIL - MINUTES SBPTEMBER 7, 1988 PAGE 30 Leon Quesnel: I was in contact with Mr. Fred Braun and he was,to ( talk with the Chamber and I believe that they submitted a letter stating the extent of their financial involvement in this project. Mr. Quesnel felt that the $8,000 was the total of the Chamber `. involvement - ;r 1� Mayor Williams: My recommendation to the Council is that we not introduce this ordinance at this time. The Alaska State Parke Department is anxious to get this underway, however, it was never intended for the City to come up with this kind of cash. Councilwoman Monfor: I agree. I'm certainly not willing to commit that much money from the City's fund at this point in time. If the Chamber has only raised $8,000 of the $75,000 they need, we'll be asked to put in more than this. Mayor Williams: It was my understanding that many more major donations were to be used. Leon Quesnel: That was the original intent. There is.going to be a meeting with Mr. Braun and Mr. Kornelis on 9/12 and I may pass along your letter. 11. Ordinance 1289-88 - Increasing Rev/Appns - Kenai Plate Wildlife Viewing Area - $180.000 MOTION: Councilwoman Monfor moved to table Ordinance 1289-88, seconded by Councilman Measles. VOTE: Motion passed by unanimous consent L 12. Discussion - Kenai River Special Management Area Nominations Mayor Williams: Am I correct in assuming this will be a Governor's appointment? Councilwoman Monfor: Being your former representative, the procedure is to submit a name to the Governor's Office and they approve it. who ever is submitted, they need to be available for a day time meeting, able to listen to unending speeches, and willing to expound upon why the City will not let them have the five mile stretch from the bridge to the mouth. I could not believe it when I read that they were going to re-establish that. The only thing that that river board did that they could agree on was the horsepower. And that is after two years and one or more meetings per month. And it did not turn out to be anything like I expected. I thought we would have more input from our representatives and that was not happening. It appeared to be a special interest. Someone does need to represent the City to be aware of our interests. _f t� " r >1 A.Al KEKAI CITY COUNCIL - MINUTES SEPINBER 7, 1988 PAGE 32 might suggest, a work session might be a better way to approach this. Mayor Williams asked for the schedule of Council members,, Councilwoman Monfor suggested waiting until 9/21 and set a work: session at that meeting. 15. Discussion --Airport Terminal Renovation - 1989 Mr. Kluge outlined his proposal. We looked for areas where we could reduce costs. No could not find any substantial areas. We looked at alternatives that are mentioned in the report from the standpoint of the synopsis. we could eliminate the bar and restaurant equipment and have the tenants pay for their own improvements. Also, we looked at deleting phasing which means shutting down the bar and restaurant while the work is being done, and postponing the work for the display until a later date. It became evident in reviewing the documents that a major portion of the expenditures were to meet the egress requirements for the bar. On the first page of Carmen's letter, the total should be $136,079 instead of $130,000. He was speaking of reusing some food service equipment versus eliminating buying the new equipment for $126,000. The reroofing alternate, in speaking with Joe Popper who checked out the•roof in February, found that the existing roof is not leaking. The flashing area is weak and a pond on the roof over the existing bar which needs a new roof drain and possibly it could be built up to use existing roof drains. Joe also mentioned that there are other areas that need reinforcing. it is suggested that flood coating be done to the entire roof and protecting the new layer of asphalt with an aluminum paint. Sunlight is a depredating force on a roof and this will be money well spent. Another option would be combining the two systems. I have set a fee of 8% where 10% is the normal. What it boils down to essentially is that if you want the bar upstairs you're going to have to pay for it. Councilwoman Monfor: I like the part that shows not as much room in the bar and restaurant and everything is kept on the ground floor. In the past, we've seen that the -summer time is the busiest time for the bar and restaurant and the money we save can be used for other things. Sill Kluge: One of the things I questioned when I looked at the plan was the arcade area itself. If it was used by guides it would be real seasonable and during the winter that space would be wasted. I can see one gift shop but if you get more than one then we will be seeing businesses folding during the winter. L L ,i I .Y t. r- KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 33 Councilwoman Monfor: I know that $500,000 is more in line with what we have anticipated. Bill Kluge: We tried to utilize ttq estimate. Those numbers were compiled based on that estimate. - Pertaining the last two, the conventional frame would be slightly less compared to the glass. Also, you could reduce the footage of the restaurant. If you elect to go with the bar upstairs, ypu need to anticipate a little more cost with the glass stairway and the roof work. I should also mention that if you are planning to have this operation for the 189 season, time is of the essence and you need to get this project going right away. Councilwoman Swarner: How current are the ... (microphones make loud noise and all microphones have reduced volume to nearly inaudible) Finance Director Brown: I have sent a memo to the attorney, the bar and restaurant are three months delinquent I think. City Attorney Rogers: I don't recall, they are always delinquent. 17. Added Item - Letter Regarding Additional Building Letter distributed to Council. Mayor Williams: This could attract large business. Hudson Bay, DHL, Navy, suggest we order prints. To spend $800,000 on that type of building would bring in more business rather than spend on terminal renovation. Councilwoman Swarner: We have spent enough on blueprints that we don't have to spend more, especially with four Council members ' here. Councilwoman Monfor: I would be willing to spend $200. Councilman Measles: I would have no problem with $200 but I have a problem with putting off terminal any longer. Councilwoman Monfor suggesting putting on the 9/21 agenda for decision. Bill Kluge: Space upstairs was for offices, only one extension needed for office space, is desirable space. Especially for airport related business. Would be more permanent than guides and gift shops. Airport needs gift shop but now several. Mayor Williams: Could put bicentennial in the glass office space. Airport Manager Ernst: Bill Kluge and I disagree. Office space up stairs - you will throw out all work that has been done for $51,000. Will delete display area. Airport Manager Ernst: There is no big savings if you delay. If we are going to do -it, let's do it. There may be a problem with office space up stairs, because it may have to be for airport related businesses only. Mayor Williams: I would rather spend $800,000 and produce employment. Big area needs to be renovated. We need display area for -both industrial and nature. -Airport Manager -Ernst: Regarding the arcade, idea was we could have space for business that would Iii r( KENAI CITY COUNCIL - MINUTES aPTEMBER 7, 1988 PAGE 34 be operating in summer and built so that it can be taken down im winter. This being guide services as an example. We only planggd one gift shop and the arcade was to keep the open look of the terminal. ' Bill Kluge: We could eliminate one wall. Mayor Williams: Alt the 9/21 meeting have two or three alternate schemes. Has this been to Airport Commission? Airport Manager Ernst: No. $5,000 for Kluge to review the current plan to see if there could be any savings, this is his report. To do more will require more funds. Bill Kluge: We are under $5,000 now. Mayor Williams: Put on 9/21 agenda with comments from Airport Commission. Airport Manager Ernst: Will be as shown now. Mayor Williams: How much will it cost to redesign? Bill Kluge: About $58,000. to built into $587,000, $28,000 for roof. Mayor Williams: 8% architects fee is for redesign. $794,000 or $587,000? Bill Kluge: No, there would be modification in either. Mayor Williams: In original drawings, architect fees is in? Bill Kluge: If you let out as is it is bid ready. if you have some items, them would be modification. Mayor Williams: Reference $200 for prints for 49,000 square foot building. Steel, several years old. Maintenance hanger. There may be opportunity to pick up. Would like to look at prints. Find original cost. May set into overall airport development plan. Bill Kluge: Check thermal package. Mayor Williams: Will have to be eliminated. H. NEW BUSINESS H-16 Discussion - Library Regulations NOTION: Councilwoman Monfor moved, seconded by Councilwoman Swarner, to approve the library regulations as submitted. Councilwoman Monfor noted the Library Commission has reviewed and approved these. Motion passed by unanimous consent. I. ADMINISTRATION REPORTS 1-1 Mayor Mayor Williams spoke. a. There are appointments needed for Comm/Conan.- He --asked if there should be an appointment for the Hospital Board, Councilman-Ackerly was the representative. He will look into it. i s i l N is KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 35 b. Economic Development Commissioner Thomson was asked to go Ap Mt. McKinley with the Alaska Resource Development Council in place of Chairman O'Reilly. Councilwoman Monfor asked if ' there was money in the budget. Mayor Williams replied yes, but Council has to approve. Council had no objections. C. He attended the Mayors Conference in Kotzebue. The villages have not changed much in the last 20 years. There is still• need for many things. I-2 City Manager City Manager Brighton spoke. (f a. The Borough Economic Development District has not aside $14,500 to put together a program to submit to a Korean group for an LNG plant. There are 4 sites in Alaska, one is on the North Road. They have rented space in the City. They have requested Council review the proposal. They also discussed non -area wide powers for ports and harbors according to Alaska•statute. It was passed by the voters, but.they could not spend any money.- They will have a joint meeting with Kenai Economic Development Commission Oct. 13. He asked Council to attend. I-3 Attorney Atty. Rogers spoke. a. The Central Alaska Construction litigation is through. The attorney has moved to resurrect the case based on neglect. He did not know how the courts will treat it. b. Regarding the Busby decision, on liability for police officers. Chief Rose has asked him to help with legislation for police and other officers. He will work with Municipal League. C. Regarding a legal assistant. He will hire one of the top applicants and work down from there. He hoped to wrap it up by Sept. 8, with approval of Council. -Council agreed. He will hire as a legal assistant and later could become a deputy. Mayor Williams noted Council viewed it as desirable that the assistant be less closely established with the City. i-4 Clerk Clerk Ruotsala spoke: -a.- There -was a recent announcement -that Sort. -Fischer had arranged to have absentee voting for District 5 at the Borough building. She spoke to Div. of Elections in Juneau, they will have absentee voting for Dist. 5 at the Borough A KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 19SS PAGE 36 building and absentee voting for the whole State in Kenai.: City Hall for the 2 weeks preceding the Nov. 8 election. b. The Kenai Fire Dept. has invited Council to their convention dinner on Sept. 21. It will be on Council night, but Council is invited to visit before the Council meeting. - c. The Council, Comm/Comm, Legislators meeting will be scheduled after elections. She will discuss it further. 1-5 Finance Director None I-6 Public Works Director - - -" - - Engineer LaShot spoke. a. We should have asphalt on Swires in the next few days. City ' Manager Brighton noted the Borough built a street for Nikiski school, but not for Swires. (Info 7) Mayor Williams suggested this be discussed with our Legislators, I-7 Airport Manager - Airport Manager Ernst spoke. ,• f11! ''' _t a. Councilwoman Swarner asked, regarding the road to the float 9 9 plane basin, will there be an entrance? Mr. Ernst replied, - -- all streets will be blocked. There will be no access except lot Ave. b. Councilwoman Swarner asked if the fish display in the airport :.. could be labeled. Also, the janitor does not clean the top i of the display. Mr. Ernst replied, they were to get labels. J. DISCUSSION J-1 Citizens None J-2 Council a. Councilwoman Swarner requested a proclamation be prepared for - the schools - education and support of the schools in Kenai. :-' Homecoming is Sept. 24. b. Councilwoman Monfor noted Ruby Coyle is very ill, could we 'r.. have a proclamation acknowledging her contribution to the City? C. Councilman Measles noted he is on the Hospital Board, - appointed by the Borough Mayor. Perhaps Tom Ackerly was an - _--- -- ;--- - ,> -- ad hoc -member. ,,. d. Councilwoman Monfor suggested that the Comm/Comm not meet - every month if there is no business, --Mayor Williams - suggested the chairmen look at the necessity of meeting monthly, he will check the Code. g: KENAI CITY COUNCIL - MINUTES SEPTEMBER 7, 1988 PAGE 37 e. Mayor Williams distributed the new City of Kenai pins, and. noted they were made wrong. We will correct this when we,,,, order new ones. - '�- f. Mayor Williams noted at the Conf. of Mayors meeting in Kotzebue, they visited the Cultural and Heritage Center. There was a diorama of animals with recorded stories. Ther( E. was a $15 charge. K. ADJOURNMENT ' Meeting adjourned at 11:00 PM. _ Q Janet Ruotsala City Clerk n Janet A. roper Partial Transcribing Secretary i L.. i i. 4, tRt 'y] F .,F - — - -- - - -.--.? illn0lhy d. Nep�n ' Gp alomer CITYOP KFNAI 210 Floaigo 0MI.AINaa09E11 iESSwI { .. PAX2833014 A _... I i� r- K- CITY OF KBNAI POMD OF ADJUSTMENT FINDINGS OF FACT AND CONCLUSSPHfi TABLE OF CONTENTS Pnae DECISION . . . I FACTS . . . . . . . .. . . . I DISCUSSION AND FINDINGGS. . . . . 7 ?In►otlyr 0. Naq�n CI1YAnotw " C"OFKENAI 210FIetlpo _ ItM�1,AI��Ig09611 * ' 282 3"1 FAx2n3D14 i IN THE MATTER OF THE APPEAL OF ) GARY FOSTER AND FOSTER ) CONSTRUCTION'S DENIAL OF AN 1 AMENDMENT BY KENAI PLANNING AND ) ZONING TO THEIR CONDITIONAL USE ) PERMIT FOR LOT 1, ANGLERS ACRES ) SUBDIVISION. ) CIXY OF RENAL HOARD OF ADJUSTMENT FINDINGS OF FACT AND CONCLUSIONS RECISION The Foster appeal is denied. wit FACTS Applicants Gary Foster and Foster Construction, represented by Mr. Gary Foster, appealed, by letter dated August 16, 1988 Planning & Zoning Commission's denial of amendment to their conditional use permit pertaining to property located at Lot It Anglers Acres Subdivision, Kenai, Alaska. Petitioners were represented by Mr. Gary Foster at a noticed and scheduled meeting of the Kenai City Council sitting as a Board L of Adjustment, September 7, 1988, at approximately 7:00 p.m. A thirty-three page transcript of that Board of Adjustment proceeding prepared by City of Kenai Legal Secretary Carol L. Freas, and the pertinent portion of the Planning & Zoning meeting of July 13, 1988 1 - CITY OF KENAI BOARD OF ADJUSTMENT FINDINGS OF FACT AND CONCLUSIONS IN THE MATTER OF THE APPEAL OF ) GARY FOSTER AND FOSTER ) CONSTRUCTION'S DENIAL OF AN 1 AMENDMENT BY KENAI PLANNING AND ) ZONING TO THEIR CONDITIONAL USE ) PERMIT FOR LOT 1, ANGLERS ACRES ) SUBDIVISION. ) CIXY OF RENAL HOARD OF ADJUSTMENT FINDINGS OF FACT AND CONCLUSIONS RECISION The Foster appeal is denied. wit FACTS Applicants Gary Foster and Foster Construction, represented by Mr. Gary Foster, appealed, by letter dated August 16, 1988 Planning & Zoning Commission's denial of amendment to their conditional use permit pertaining to property located at Lot It Anglers Acres Subdivision, Kenai, Alaska. Petitioners were represented by Mr. Gary Foster at a noticed and scheduled meeting of the Kenai City Council sitting as a Board L of Adjustment, September 7, 1988, at approximately 7:00 p.m. A thirty-three page transcript of that Board of Adjustment proceeding prepared by City of Kenai Legal Secretary Carol L. Freas, and the pertinent portion of the Planning & Zoning meeting of July 13, 1988 1 - CITY OF KENAI BOARD OF ADJUSTMENT FINDINGS OF FACT AND CONCLUSIONS t II -F S� � ' �sT dealing with Foster Construction's application for an amendment to their conditional use permit, prepared by Planning & Zoning Secretary Janet Loper, are attached hereto and specifically incorporated herein. The specific request from Foster Construction, dated August 16, 1968, was "to request an appeal to the decision made by the Planning & Zoning Commission at their meeting dated July 13, 1988." The decision was not stated in the request of the appeal, but is contained in the Planning & Zoning Commission transcript of July 13, 1988 at page IS: "Move that the Planning & Zoning Commission recommends the approval of the amendment to the conditional use permit." The motion was defeated by a vote of four to one. As clarification, subsequent to the vote, Commissioner Nault commented: "...The only other thing I want to do is clarify to the City Council that our intent was to deny it as an amendment and to make it clear to them that the proper vehicle for bringing back to the Commission is a new conditional use..." Thus, the limited issue presented to the Board of Adjustment was the limited issue of the denial by Planning & Zoning of an amendment to a conditional use permit. Testimony was received by the following persons who testified as follows: Jack Foster testified the proposed RV park would "...go right along, hand -in -hand with the area." He maintained that the ClIvAlloray 2 - CITY OF KHNAI BOARD OF ADJUSTMENT t nn„ncueu�FINDINGS OF FACT AND CONCLUSIONS a 7 . 7:. i, I{ , tr..� r— -, An-FT of the proposed development under an amended conditional use permit would include asphalt and grass with a stocked rainbow lake on premises, catering to an older clientele and that this proposed camper park would be "...no different than a subdivision." He submitted that it would be compatible in that, "With all the guides that's on that river, it's a commercial area already. I guess you all well know. With all the guides in that river, I believe that can come up there to our dock and pick up these people,..." The next person giving testimony was Gene Burden, who spoke against the amendment. He maintains that he purchased his property in the area in 1986, after having checked and finding that it was zoned Rural Residential, and making his purchase based on the zoning question. While he stated that he was in favor of the previous deletion of a dock facility in conjunction with the Foster development, he noted that, "...the plans are to continue to have guides come in to pick up residents there. That'a nearly all hours of the day." He maintained that to allow this project, would be, " ..to set a clear precedent that's going to make it very difficult for the City to reject ... a proposal to put in a 100-seat restaurant overlooking Beaver Creek. You're going to make it very difficult for the City to reject a proposal to put in another non -conforming use in another rural area, and I'd submit even urban residential areas because of this, this literally would open the door for it." Mr. Burden also maintained in his testimony that other locations have been found to be more favorable and indicated concern regarding the growth of peripheral service businesses which this 3 - CITY OF KENAI BOARD OF ADJUSTMENT FINDINGS OF FACT AND CONCLUSIONS 17 i TlmoMyJ.Rog9n CITY OR KENAI Zloslaloo XNW. AIaMt99611 2}3"1 FAX 26.1J914 j F development would bring, as well as increase traffic, along with changes that were not contemplated by him and others when purchasing the property. He also expressed concern for environmental impact issues and maintains the application did not adequately address the environmental impacts to the area. He urged the Council to reject the Foster's application and stated that he would support the Council looking at the whole RV picture insofar as zoning was concerned. Cross-examination of Mr. Burden established that he did not live on Angler Drive, but rather on Dolchok, that he had looked at a set of specifications relevant to this camper park, and that his residence on Dolchok is "...probably a couple hundred feet from the edge..." The next individual giving testimony in opposition to the Foster development was Mike Pelch, who indicated that he lives on Beaver Loop and has property adjacent to the proposed development. Mr. Pelch testified that he owns property on both sides of the proposed lake and testified that if the development was allowed, "...my land would be pretty much valueless as far as real estate homesites would be concerned." Mr. Pelch noted that the development's main office, showers and bath, would be adjacent to his best property. On cross-examination, it was established that Mr. Pelch had been in that area for thirty years and had been waiting for the gravel pit to be fixed up, but if it was going to be turned into an RV park he, "...might as well forget about trying to sell home 4 - CITY OF KHNAI BOARD OF ADJUSTMENT FINDINGS OF FACT AND CONCLUSIONS { TUeo111r J. PAIGM OtVA110mM CITY OF KENAI 210F1anpo '... �. ".. 283.3"1 . ... -. 4- FAITM3014 r r I lots." Mr. Jack Foster then stated on the record that there were inadequacies regarding portions of the Pelch property in that some of the area was swamp and some of the area would be required for road easements, "...that there are not any good building sites in that particular area," that at the completion of the second phase, "...the only access into this park is going to be off of Heaver Loop Road...and there are no neighbors... living in...this close vicinity..." Mr. Pelch responded by acknowledging the swamp area, but indicated he was proposing that area be filled, that he had gravel to do so, and indicated that either a gravel pit or a trailer park was "...a losing situation for me." The next individual from whom testimony was received was Kathleen Hamby, who indicated that she was a local realtor and expressed her opinion that she would like to tell Mr. Pelch that, "...I would have a much better chance of selling that property if it were overlooking this landscaped lake." Mr. Pelch responded by saying, "I can't use the gravel pit to sell the property. If it's into a trailer park, same problem exists. If it turns into private homes, which is what I was told originally that this was the intention, that would be fine. Residential lots. But I don't but, I don't want to set a home here overlooking a trailers park." The next individual to give testimony was David McKechnie of 949 Ames Drive, who testified that under the existing conditional use permit there would be a requirement that the gravel pit be L. 5 - CITY OF KENAI BOARD OF ADJUSTMENT FINDINGS OF FACT AND CONCLUSIONS IN e il i Tir" J. Nopen CItyA11Wn" CITY OF KENAI 210FIaago moral. AIsW g"11 i 203340 7 leveled and reseeded. That under the original permit, there had been a proposed RV park which had been opposed, but that an agreement had been reached wherein Foster's would proceed with a residential area, not an RV park. Mr. McKechnie maintained that under the City's ordinances, a conditional use permit cannot be amended. He noted that he lives in the area and that Foster's are using the area for guiding purposes at this time, but that their future development will increase traffic along his property, that he does not care to live next to an RV park, and that the Poster's still have not met all the conditions of the original conditional use permit, specifically in providing barriers along property lines or in required re -seeding. Upon cross-examination by Gary Foster of Mr. McKechnie, Mr. McKechnie stated that another requirement of Foster's is to slope the area five -to -one. The next individual giving testimony was Mr. Chester Cone who testified there is a need for the RV park. That this area is losing business to Soldotna as a result of not having RV parks, as well as losing guiding business and that the lack of facilities is creating problems in that there is no place for the people who come down the river to go to the bathroom, other than on private property. Mr. Cone indicated that he is the individual who sold the property to the Fosters, but that the same individuals in opposition, opposed him when he owned the land. He testified that the Fosters' will do the project right, there -will be toilets, and 6 - CITY OF KENAI BOARD OF ADJUSTMENT FINDINGS OF FACT AND CONCLUSIONS I t TimothyJ. Room all the facilities needed to hook up and that it will alleviate parking of RV's on the streets of Kenai by providing a place for them. He testified that if the Foster's did it, they would do it right. Subsequent to the taking of the above testimony, the Council noted that it will take the period of thirty days provided under KHC 14.20.290(b)(2) prior to rendering a decision. The attorney was directed to contact the individual Council Members concerning their feelings and for purposes in assisting the drafting of relevant findings of fact and conclusions. The Board of Adjustment then adjourned. SCUSSION FINDINGS It should be noted that the members of the City Council who comprised the Board of Adjustment herein, have been aware of the controversy concerning the proposed RV park by Foster Construction for some period of time, have been contacted by numerous citizens concerning the proposed facility, and have individually viewed the area in controversy prior to September 7, 1988 at which time they sat as a Board of Adjustment. While the decision below of Planning & zoning being appealed is not conclusive and binding on the Board as to issues of fact, it is instructive and therefore the relevant portion of the 7 - CITY OF KENAI BOARD OF ADJUSTMENT FINDINGS OF FACT AND CONCLUSIONS L r t, y- T Tlmothll �. Rop�n Gy AMon�r CITY OF KENAI 116 FIAaloo KNu6 AlsoeM11 2u3sH FAX 2U3014 L July 13, 1968 meeting of the Kenai Planning & Zoning Commission was provided to the Kenai City Council in their packet of September 7, 1988 in advance of their sitting as a Board of Adjustment so that they would have an opportunity to review that material, along with other materials that were presented to them as part of their I September 7, 1988 packet. The Fosters, as the party appealing the decision, carried the burden of proof in their request for relief from the decision below by Planning & Zoning. The original conditional use permit of November 3, 1984 was for the removal of gravel, after which there would be residential buildings and a lake that would be excavated in this rural residential zone. The record shows that in May, 1987, the Foster Brothers requested an amendment to their conditional use permit to allow an RV park in this residential subdivision. While KMC 14.20.158 specifically provides for amendment or transfer of a conditional use permit, such is only the case if the original application would have been approved had it contained the provisions of the application for amendment. In the instant case, it appears from the testimony of Mr. McKechnie, that some accommodation or compromise was reached between the Foster's and residents in the area, whereby in return for not opposing a conditional use permit, the Poster's would do or not do certain things. This testimony is uncontroverted. In fact, there is no testimony elicited from the Foster's or on their behave, that meets 8 - CITY OF KENAI BOARD OF ADJUSTMENT FINDINGS OF FACT AND CONCLUSIONS L [I] il Tlmothy J. Ropers i City Anotn„r CITY OF KENAI 210 Fidatoo r KMu.AI�Wppb11 203441 { FAR 2833otl N;,IAA 0. the burden of KMC 14.20.158 (b) which would- show that had an RV park originally been requested, that it would have been approved. This lack of testimony constitutes a failure or insufficiency of proof, which by itself, is sufficient to defeat the application. Furthermore, the present Code makes no allowance for a recreational vehicle park. However, arguably, such would fall under a mobile home park, which could be permitted under a conditional use. However, this proceeding deals merely with an amendment to an existing conditional use permit and not a new application for a conditional use. Since the limited nature of the appeal regarding the permissibility of an amendment to an existing conditional use permit is presented, and since there is a failure of proof on the record from the hearing which would support any conclusion other than to affirm the action of Planning & Zoning in denying an amendment to an existing conditional use permit, and since it is the Council's finding and conclusion that under KMC 14.20.158, there is no basis for finding that had the original application for a conditional use permit included an end use for an RV park, that it would have been originally approved, NOW, THEREFORE, IT IS HEREBY the decision of the Kenai City Council sitting as a Board of Adjustment that the appeal by Gary Foster and Foster Construction of the Planning & Zoning Commission 9 - CITY OF KENAI BOARD OF ADJUSTMENT FINDINGS OF FACT AND CONCLUSIONS L i ` TIM001r A NOpem QtyAttom" CITY OF KENA1 210 FtMgto K"AI. A18MM M11 t R 293.3441 FAN M-3014 i c denial of an amendment to their conditional use permit to permit a recreational vehicle park which denial was rendered on July 13, 1988, is denied and the decision of Planning & Zoning is upheld. John J. Williams, Mayor Date Comments: Raymond Measles, Vice Mayor Date Comments: Art McComsey, Council Member Date Comments: Christine Monfor, Council Member Date Comments: Marj O'Reilly, Council Member Date Comments: 10 - CITY OF KENAI BOARD OF ADJUSTMENT FINDINGS OF FACT AND CONCLUSIONS i F- Linda Swarner, Council Member Date Comments: r. Sally Bailie, Council Member Date Comments: s r � t_ CITY OF KE1110,I ao�wo Kew��► ..m �us�raNsza•nss TO: Council Members City of Kenai FROM: Randy Ernst, Airport Manager City of Kenai � 6f, DATE: September r,1988 RB: Airport Commission's Recommendations on Airport Renovation Plans (poTas Only three members were present which does not constitute a quorum, therefore the sleeting was a work session.) The Airport Commission o t its regularly scheduled meeting (work session) of September 1988, reviewed the airport renovation plans of architect Ca men Gintoli and the recommendations of architect Wm. Kluge. The review encompassed six options including the original design by Gintoli, the reduction in costs by Gintoli (letter of February 11, 1988), and the four cost synopsis recommendations of Wm. Kluge as presented to the City Council on September 7, 1988. The Commission felt compelled to stay with the original design because of additional costs involved with redesign as outlined in Synopsis Two, Three and Four by Mr. Kluge and because the original design would enhance the overall economic development of the terminal while retaining the aesthetic value of the building. The Commission then concentrated -on cost saving within the original design. The following are their recommendations: L ITEM 1: Delete original estimate for the furnishings; and installation of new bar/restaurant equipment. and provide the lessee with space and mechanical/electrical systems to accommodate the equipment (as per Kluge). ITEM 2: Delete the costs associated with phasing of the project (as per Kluge). *ITEM 3: Delete the revised cost ($28,000.00) of the roof maintenance (as per Kluge). The Commission would rather see this item picked up as a line item expense of the terminal operating budget. ORIGINAL COST ESTIMATE BY CARMEN GINTOLI - ITEM 1: Delete bar/restaurant equipment - ITEM 2: Delete phasing - SUBTOTAL Add Bonding, 1.6% - Add Contingency, 10% - TOTAL COST. $794,726 (126,000) ( 19.000> $649,726 10,396 $725, 095 *Please Note: Item No. 3 was not included in Carmen Gintoli•s original cost estimate, but was an Added Alternate. TOTAL ORIGINAL COST ESTIMATE $932,593 (Including Bonding and Contingency) TOTAL RECOMMENDED COST 72 COST SAVINGS $207,498 In summary, the Airport Commission felt these reductions would constitute a significant Cost savings while accomplishing the ultimate goal of the renovation as originally designed. The nave to be added to the final cost recommendations. The Commission was also of the opinion that additional cost savings might be realized though a favorable bidding climate if this project went to bid as soon as possible. RE/clf W C 01 I 13 H-A �4 Li 3'� WgIgAMUM TO: WILLIAM J. BRIGHTON, CITY MANAGER t FROM: KEITH KORNELXS, P.W. DIRECTOR DATE: SEPTEMBER 2, 1988 SUBJECT: KENAI FLATS WILDLIFE VIEWING AREA 1=988 FOR: COUNCIL MEETING OF SEPTEMBER 7, I received a phone call from Colleen Hickman of the Alaska State Parks on August 31, 1988 concerning the Kenai Flats Wildlife Viewing Area Grant* The Alaska State Parks Department is anxious to got this under grant using Federal funds. Page'29 of 51 (attached) from the grant application shows the g2mah Cost gatiMate of the project to be S258-000 with the City and the Kenai Chamber of Commerce paying for 50% of the project or 0129,000. This grant requires that we pay for 50% of whatever the ty total cost of the project is. We have received a graft in the amount of $90,000 for this project which means we will have to come up with $90,000. Leon Queenel, Harbor Commissioner, and Fred Braun, Kenai Chamber, have been working on determining what the Kenai Chamber will be able to donate towards this project. I called Fred Braun yesterday and received the following figures over the phone for the Chamber's donation: Cash $ 6,300 Pipe Donation 700 Surveying Donation 1,000 t. Total Chamber Participation $ 8,000 As you can see from sheets 37 and 51 (attached) from the grant • application our original plans called for receiving $75,000 from the Kenai Chamber of Commerce. r-- Page 2 Public Works suggest that if the City Council wants to continue with this project we lower the scope of work to a project that will cost $180,000, (or less). This can be done by making the boardwalk smaller. To take full advantage of the $90,000 grant the project should be at least $180,000. A $180,000 budget would look like this: Admin. $ 1,000 (City appropriated funds) Land 30,000 (City land donation - est.) Surveying 1,000 (Malone/Chamber donated - est.) Construction 6,300 (cash - Chamber) ($148,000) 700 (pipe - Chamber) 51,000 (City appropriated funds) 90.000 (State/Federal grant) Project Total $180,000 An appropriation ordinance is being introduced at this council meeting appropriating the $52,000 cash and $30,000 land donation towards this project. The value of the land is an estimate of $1,500/acre x 20 acres o $30,000. Since the project will be audited we should get an actual appraisal on the land which may change the figures a little. The State Park Service also made it very clear the once we receivt federal funds for a project the land is forever dedicated to that purpose. Therefore, if constructed with these grant funds this boardwalk will always be there and we will always be responsible for it. F . i` r- �1 r- Mimi t. KENAI PLATS WILDLIFE VIEWING AREA ROUGH COST ESTIMATE - PHASE I 1. Design, plans and specifications - lump sum $ 10,000 2. *Administration - lump sum 10,000 -- --- 3. *Land for project (20 acres 0 $1,500/acre) 30,000 1 4. Construction: ` Embankment - 1,875 cy 0 $8/cy 15,000 -.-- -,-- .- - _ - ---- 'i Crushed aggregate Base D-1 - ' 220 cy ® $30/cy 6,600 2" asphalt pavement - 1,700 cy 0 $10/sy 17,000 • Curb and gutter - 165 if 0 $15/lf 2,500 - Wood deck along parking - 1,500 sf 0$35/af 52,500 *Pile mounted view deck (Phase I) b$(!.' / 1,500 sf 0 $50/sf 75,000 } Landscaping - lump sum 10.000 TOTAL ESTIMATED CONSTRUCTION 0178,600 5. Construction contingency 15,400 _} 6. *Construction inspection u 14.000 k TOTAL ESTIMATED PROJECT COST $258,000 _- *ESTIMATED SPONSOR COST $129,000 1 r. {i lit, •. _ KENAI FLATS WILDLIFE VIEWING AREA PHASE I 11 �n SCHEDULE OF IN -RIND CONTRIBUTIONS i Administration and Inspection Estimated Contributions City Employees: $ 24,000 Public Works Director t City Engineer j Administrative Assistant :- Building Inspector -� City Parks and Recreation Director Land is ,y ! Donated by the City of Kenai 30,000 1 Construction Pile Mounted Viewing Park Chamber of Commerce 75,000 Total Estimated In Rind Contribution $129,000 A _1 KENAI FLATS WILDLIFE VIEWING AREA • ASSURANCE OF NON-FEDERAL MATCHING SHARE I, the undersigned, hereby certify and verify my intent to obtain the non-federal funds for the project which is the subject of this application by the following means: Means Amount Appropriations S r Bonds Volunteer Labor, Equipment Rental, and Material Donations 75.000 Force Account 24,000 Land Donations + 30,000 TOTAL NON-FEDERAL MATCH S 129,000 By, this document, I authorise the repository of- the appropriations indicated above to certify the existence of the • indicated funding to the State of Alaska or its authorized agent. Date sZa7S l %*7 Wm. 31 Br hton City Manager , STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIa IS TO -CERTIFY tha on this MAL day of 1987, n , �� of the City of j •Kenai, Alaska, .being personally known to me or having produced satisfactory evidence of identification, appeared beforei ) me and acknowledged the voluntary and authorized execuiiba of( the foregoing instrument on behalf-fl.,said City. No ary Public for Alaska$- My Commission Expires: 9 ' _ • .�. Page Ot� h6*3 MEMORANDUM f II T0: William J. Brighton, City Manager FROM: Keith Kornelis, P.W. Director DATE: 9/21/88 j: SUBJECT: Kenai Plata Wildlife Viewing Area FOR: Council Meeting of 9/21/88 I met with some members of the Kenai Chamber and Mayor Williams - -- last Monday, 9/19/88, to discuss the Chambers involvement and the donations that they have received, (or are going to receive) for - the Kenai Flats Wildlife Viewing Area project. The consensus of option was to go for the full $180,000 project and shoot for the following budget: Admin $ 1,000 City (in -kind) Land 30,000 City - donation Surveying 1,000 Chamber donation (estimate) Construction 6,300 Chamber cash in hand ($148,000) 700 Chamber pipe in hand 51,000 Chamber - future donation 1 90.000 State/Federal grants Project Total $180,000 If the Chamber cannot come up with the $51,000 listed as future donations, the project would be cut back appropriately. It is my understanding that the mayor and others think that the $148,000 construction part of the project can be completed with one half or $74,000 of the project being done with volunteer labor, equipment, and materials and the other half being paid for with the State/Federal grant. If we are to proceed in this manner, it is important to keep accurate, realistic, and honest paperwork. The Key to this method is to not issue a purchase order or incur • an expenditure of any kind without first receiving an equal amount in donations. At this point with donations amounting to $39,000 the greatest amount we could spend is $39,000. M-3 Suggested by: City Council City of Kenai 001DIINI M MD. 1289-88 AN ORDINANCE OF THE COUNCIL, OF '1'N8 CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $180,000, IN A NEW CAPITAL PROJECT FUND ENTITLED "KENAI FLATS WILDLIFE VIEWING AREA". WHEREAS, the City has applied for and expects to receive a grant in the amount of $90,000 from the State of Alaska, Department of Natural Resources for development of the Kenai Flats Wildlife Viewing Area, and WHEREAS, that grant must be matched at a 50/SO ratio, and WHEREAS, the City expects $8,000 in donated cash, services, and materials from the Kenai Chamber of Commerce, and the City land donated to the project is estimated to be valued at $30,000, and the remainder of the City's match is expected to be cash. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF mm, ALASKA that: Sect... ion n Estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Capital Improvement Reserve $ 52,000 Increase Appropriations: Non -Dept. - Transfer to Capital Projects $ 52,000 Kenai Flats Wildlife Viewing Area Proiect Fund Increase Estimated Revenues: State Grant $ 90,000 Transfer from General Fund 52,000 Donations 8,000 In -Kind (land) 30,000 180 00 Increase Appropriations: Administration Surveying (donated) Land (in -kind) Construction i„ 1 $ 1,000 1,000 30,000 148_,000 180 000 section 2: The expenditure of these monies is authorized after receipt of the approved grant from the State of Alaska. } l PASSED By THE COUNCIL, OF THE CITY OF MNAI, ALASKA, this 5th day of October, 1988. r - JORN J. WILLIAMB, MAYOR ATTEST: - Janet Ructsal.a, City Clerk Approved by Finance: (9/2/88) jal First Reading: September 21, 1988 Second Reading: October 5, 1988 Effective Date: October.S, 1988. 2 n' CITY OF KE..... 9J noparK.aw emu,► � � - September 1, 1968 TO: Council FROM: John J. Williams Mayor j Attached in an information sheet describing a 49,000 square feet building that was designed as an aircraft maintenance facility. The entire building is lying on the ground in Anchorage and has never been erected. With council permission, I would like to offer this project - financed by the City and constructed on airport property - to the Navy as an inducement to bring the P-3 Orion project to Kenai. The project would operate somewhat similar to the FAA facility contracted by the City. From all indications I have received, the cost to the City of Kenai for the entire structure, all its related components and the erection of the entire facility would be in the neighborhood of $600,000 - basically the same price of the remodeling cost of the present terminal. Anticipated appraised value to the completed structure is approximately 62 million. My feeling is that if this facility were offered to the Navy, it may help in the decision to locate their aircraft here. I would like permission from the City Council, first of all, to spend about $200 for a complete set of blueprints and specs which can be copied from the original in Anchorage so that we could take a full review of the design; and then I would like some discussion regarding whether or not to approach the Navy with the project. Please allow some time for discussion at our next meeting. ,p� JJW a tw 41 .,.V ,4. u. F t , • i . i R, i r RUIhDING DESCRIPTION DATA Total structure is 49,464 square feet. Fabricated in steel by Metro Steel Buildings, Inc. of California. Designed as follows: Cl) The main structure is 170, x 2291, with an eve height of 28' and a ridge height of 56•. This building contains a total of 39,930 square feet floor space. The building which is a clear span structure could house as many as four floors each containing 39,930 square feet. C2) The second structure is 46' x 2291 that was designed to be appended to the side of the main structure. It has an eve height of 18'. It contains a total of 10,534 square ft. It is also a clear span structure. It was designed to be two stories. C3) There are ten CIO) 161 x 251 Ferguson Steel Doors designed to installed on either end of the main structure. Any or fill of the doors may be used. There are alas nine C9) personnel and freight doors. C4) The structure comes with all electro-mechanical equipment, including electrical panels, receptacles, Interior/exterior lighting, two C2) 500,000 BTU gas or oil fired boilers, and an air handling system that provides sensor controlled exhausting of vapors and dust. General Notes and Outline Specifications Design Data Roof Load + Snow Load 40 PSF Wind Load 20 PSF Basic C15 PSF Seismic Load 4elow 30 ft) All structural steel conforms to ASTM A-36, except structural tubing which conforms to ASTM A-501, and steel pipe which conforms to ASTM A-53 Grade B. For further information please contact John C. Parker (907) 283- 7734. • 07 J 1 IC f4, ' fiY @15 Fl0ALG1 September 20, 1988 Keith Kornelis Director of Public Works City of Kenai 210 Fidalgo- Kenai, Alaska 99611 KENA1, ALASKA 69611 Res Kenai Float Plane Facility M&VENCMF: TURAL / CNIL a PLANN 40 (M7J Dear Keith, As you requested I approached the Contractor to see if he would be interested in renegotiating his price for A.C. Pavement in consideration of increasing the quantities of paving. He agreed to reduce the price from $19.00 per square yard to $7.20 per square yard for a 2 inch thickness. The reduced price is reasonable. The recent bid for A.C. Pavement on Swires Road in East Kenai was for $5.25 per square yard. The additional $1.95 per square yard on this proposal can be attributed to increased haul distance and Contractor's mark up. The paving subcontractor's price for Swires was reported to be $5.17 per square yard. For this proposal the paving subcontractor told me his price was $6.00 per square yard. The quoted price of $7.20 per square yard therefore includes approximately 4.S% for bonding and 15.5% for the General Contractor's overhead and profit. As a result of my inquiry I have prepared a substitute Change *Order No.3 for you as requested. Also attached is a justification for all items. You may select any or all of the Change Order items. As we discussed the fencing item was deleted from Change Order' - No.-3-as this will be handled _under the existing unit prices -for re -set fence. f: alp 1 V i As I mentioned earlier, we will need to increase our Not to Exceed amount for the additional work involved with the Change Order. Since the paving will require additional testing as well as coordination, surveying and inspection, I am requesting that our Contract be increased by 10 percent of the amount of the Change Order. sincerely, WN. J. NELSON & ASSOCIATES Y, �I :q 0-1 III -- - --- - , -� C.O.' approved by Oil CHANGE ORDER N0: 3 ,� Project Kenai Float Plane Facility Initiation (late 9/lohF6 IContractor Doyle Construction Co., Inc. City of Kenai You are hereby requested to comply with the following changes from the contract plans and specifications: I Item No. Description of changes - quantities, units, unit prices, change in completion schedule, etc. Increase or (Decrease) 1. Construct a wind cone and segmented circle at Station 64+00, 400 feet left of the Water Runway centerline, per attached sketches 6 memos dated 7/28/88 and 8/19/8 respectively. Lump Sum. $10,000.00 2. Excavate and stockpile 6 inches of existing material and replace with 6 inches of Contractor furnished Type I Fill on 18 foot wide Maintenance/Emergency Access Road previously constructed under Change Order No.l from the Tie Down Area Gate to the ILS shack per Sheet 1 and 2 attached. Lump Sum. $16,250.00 S(gM� vo � Not change in contract price due to this C.O. CHANGE IN- CONTRACT TIME Original Time Previous C.O.s This Change Order Revised Contract Time CHANGE IN CONTRACT AMOUNT Original Contract Amount Previous Change Orders This Change Order Revised Contract Amount _. (Attached) (Above) is full justification of each Item on this C.O. including its effect on operation and rna btenanco eosts:� ` This C.O. is not Valid until signed by both the Owner and Ingineor. Kenai City Council has to approve all C.O.S. __ContlacloT±s ♦ignsturs Indicates his agreement herewith. including any adjustment in the Contract sum of Contract trace ` By •ng Weer Contractor wncr -.Date Date bate k L i' C.A. approved by —-----.__ Oil CHANGE ORDER NO : 3 Project genal Float Plane Facility Initiation slate Contractor Dovle Construction Co., Inc. City of Kenai You are hereby requested to comply with the following changes from the contract plans and specifications: 1 Item No. Description of changes - quantities, units, unit prices, change in completion schedule, etc. Increase or (Decrease) 3. Reduce unit price on Additive Alternate No..l Bid Schedule for bid item 40.02 A.C. Pavement Class C - 2 inches thick from $19.00 per square yard to $7.20 per square yard and increase estimated quantities and scope of work to include the following areas: A. Float Plane Road from First Ave. to Fourth Ave. Approximate quantity: 22' x 21001/9 m 5133 sy. $36,957.60 B. Ramp Road from Fourth Ave. to the Outfall Structur Approximate quantity: 22' x 13501/9 a 3300 sy. $23,760.00 C. Tiedown Area from the Outfall Structure to north end. Approximate quantity: 22' x 20501/9 - 5011 BY. $36,079.20 D. Launch Ramp Pad. Approximate quantity: (1001x120' + 70'x6O')/9 - 1800 sy. $12,960.00 E. Limited Access Taxiway. Approximate uantit : 32' x 9601/9 ® 3413 By. $24,573.60 Net change in contract price due to this C.O. $160,580.40 CHANGE IN-CONTRACT"TIME '?I -CHANGE IN CONTRACT AMOUNT Original Contract Amount ga47 .Zj.gl Previous Change Orders $89,440.00 This Change Order ,$160.5ao.4Q ! Revised Contract Amount $10097,295.40 ' (Attached) (Above) is full just ifICat Ion of each itenon this C.O. including its affect on operation and naintauince C61is. ; '. This C.O, is not valid pntil signed by both the Owner and-Ingineer. Kenai City Council has to sPprovo nil C.O.It ;. -- ---- -- -- - - Contractor's signature indicates his agreaeont herewith, including any }ustmont in the Contract sum or Contra. time.: r . y By tv 4 Engineer Co tra r y loner a `L —1— }� a3cA , Ott bate q � � 1 ante i v; a., L L J j `1 KENAI BOATING FACILITY Change Order N0.3 - Justification 1. The addition of the wind cone and segmented circle was requested by the FAA. The price quoted was compared to competitive bid costs for similar work by the FAA and it is acceptable to them. 2. Improvement of the maintenance road was requested by the City Administration. The maintenance road was constructed at no charge by the Contractor as part of Change Order No.l. The road, approximately 3,750 lineal feet, was constructed of existing materials and has a sand driving surface. The road is passable but since it has a sand surface it has some soft spots and is subject to erosion and rutting. Placement of a 6 inch Type I Fill (gravel) driving surface will greatly improve its maintainability and will make the road accessable for emergency access as well as Airport maintenance and security vehicles. In order to keep the road profile below the "sight line,, between the tower and the water runway it will be necessary to remove 6 inches of existing material to make room for the 6 inches of Type I Fill. 3. Paving of the five various portions of the project was requested by the City Administration. The paving will reduce maintenance costs and improve the level of service to the traveling public. l i t� NN mount Zi r 1 KENAI FLOAT PLANE FACILITY Attachment B - Change Order No.3 i Item 3 of Change Order No.3 includes the following conditions: 1. No leveling course will be placed prior to paving, however, the Contractor warrants that existing surface of areas to be paved is constructed of materials that can be satisfactorily graded, compacted and prepared in accordance with Section 20.06 (Leveling Course), Article 6.3 (Construction) and that the unit price for A.C. pavement includes all work required of the Contractor by Article 6.3. Blue tops will be placed by the Engineer at centerline at 100 foot intervals on tangents and at 50 foot intervals on curves. 2. The Owner reserves the right to select any one or all of the areas listed on the Change Order for paving. The unit price will be paid for the actual quantity of A.C. pavement authorized and measured in place. 3. The unit price for Item 40.02, A.C. Pavement, Class C includes all preparatory work listed in Condition No.l above and all work required under Item 40.02 and all clean up associated with Item 40.02. 4. The work is to be completed, weather permitting, before winter shut down. In the event weather conditions do not allow completion of the work prior to winter shut down, the Contractor agrees to complete the work prior to June 15, 1989 and at the unit price stipulated in Change Order No.3. All other terms and conditions of the current contract for construction of the Kenai Float Plane Facility between Doyle Construction Company, Inc. and the City remain unchanged and r applicable to the additional work included in Change Order No.3. �f 1: 1 L .VIM. J. NELSON & ASSk. TES 215 hilaleo Street' -guile 20-1 Kf NAI. AI.Afikh 9-96 11 (907) 283.3583 To FOL I r)W-I.JP DATE Date Subject S/4ri:// 5114417S) C-112 e GC 17 w> ..... ..... Cmee 4 ;110 I v , C P GNED 0 Please lse reply No replynecessary GfivGE A, $,Pee. -00AIAIP A-rs M w - 88 JECEIVED Air,1 8@ N'I�i �'Ti {w{L�Mtr/'$T Lf 11.►.)f0 b10. f.LY • ,� ell to►HIAYfTloll faIOt Writo - r :e• ..... _ i�iZ4��',: `r..r ,. uwAUlt goLf Uf• ``.TtIIgA t/ T11 itt /loll s fYiftT KATtsf11 il16MT O.AMpI `. � - fC.ltMIrO CORD r f�i•UOWObTC tf 1 ow Htt ens'1Ofwl e11►—ItllrpiAufTi! fNwlditt L rY4,. PLAT ►01t 1•pYMt N{Ntrl /fl/•f qN• ILAroANte ffllL TYit yI DITAIL uALe �lowltw oeTAt� TYPICAL RUNWAY BOUNDARY MARKER O O 0 PILL TwOMme i•ili;"as C`CUTq ... �. -. Q IIIOYTIeiO Tor oirdiYil.�iitLAfMiii<f) I� 'i ,' , . S��J6vll� GjeGG6f' S%�T ZoF2 Y O O •ems W 2 4 t� 00 Q Q � N 30 t �• 7 . r ... I _ i 'OLI '1w-1 If' DATE 3,VM. I NELSON A ASS( %TES 215 Fi:1.dF•4) Strom Suite 204 t9 KF.NAf. ALASKA.99611 (907) 283.3583 Date 7- 4'. • e&O ;. To taaj'�E Gv�/sT r.✓.: subj Subject / /444A /Ji'L.'+/F L TO art: /`f✓�? v/�: / �I�t -v Jrt :S:/t•„ - - - - - -' /fiV `.:;t c-7 X .S a v%l hft. /j' I� %/i t'���.;�, SA0701 /f77714//&> . A W4 owev» o,. 8- /9 B.j3 .v. � -•- ❑ Please reply ❑ No reply necessary GIONED �I 111 U:6Jl:.Iz F I -I-iCj JG-C I NU. Wm. J. L�elson Assgciale5. CONSULTING ENGINEERS 6TRUCTURAL/CIVIL P.O. eox iew KENAI, AK S36i i Q07 083.35©3 UATL ENGINEUR . %�2la 'BUJ •F4S41/ SHEET C)fy 49 all . �f I�� ►ri - -- -- --.... w _ _ . _ . >•r I+-•�i .e-'y r� � �� � .o � ill 41 ;...........�, v, pp... ',.. � • • 1 � '� o. � b Il4iid • . • n QO • out �"II ease n i ce: ii • / 0 OTp • titer �"�q1 4 a� . �. � • 4 0 e I • • ti h ��i i LL C;j 'NIN 4 .► •O-A -004 Weil) 3 f2 •z.• Itul 7.1 I�1 M►. • Cur i k.HYK. W J ►' 1A ►� I � C i11Y113111 [ t f } W 12�LM R �4 Ncc C1 O CrYj3iyff LL T t) w tx o M t 1 17 _ MZO �W O.M ►y{) s-U.$ I i wm t cc 00 • J U) > RLjJ }�1 W db a two I r ..�l, ( Q I' ;� 0 7 i h NI�UJI3C 1' NHCI.JtiC'I' NIJ. Wm. J. Nelson' CSC 6ss*ociiliJ/FLOAT fLA�/E FA6706ates CONSULTING ENGINEERS STRUCTURAL/CIVIL DATEt� ENG NE R P.O. BOX'IBBS KENAI, AK BBB11 907 263.3863 7 ��rio _Bd �G SO� SHEET OF Z /( A IA176AI A L,IL0 �1 - . ; � stir ar o ✓,���;V �� I . 1, i{ Q h h Q I1 .1e y n� ` afq I , CL MA 'ro PROJECT Wrm E*'41FGOAr�AME"0&/ i Nson &Associa tes 2 CONSULTINGENGNEERF3 BTAUCTURAL/CIVIL P.O. BOX 169E KENAI. AK 68B11 907 883-3593 OATEER � �� ENG . 4 14 1 =ROJECT NO. SHEET 2 OFZ $���► 23 Worst Z jLT SE A h7t A /. Ei2I1 U8 /s rW6 'ROAD Sit Vor#, AUZ DIMIe5 o Z. e�xeA PAM 6 -xis TiN6 iN,+ r G � sra�,rP/G E w11s 1�x �12�11s �cs o1,ea i BY SACeI74l1 GOM.14447Z7D T4 qs T,:D 1-1446S AA10 61P WLS s/1v11V. �� y. DvNoT D/STv�B L-X/SlIAl6 Sim /1�/IS 1 I11 ipproved by on 1 CHANGE ORDER N0: 3 /V%-b 'jProject Knnn1 ittnnt P1ann VACUUM Initiation mite � r'COntrACtOr _nn3 to [neesr..�,�1en en- s Trig-- City of Kenai You are horeby requested to comply with the following changes from the contract plans and specifications: , Item No. Description of changes _ quantities, units, unit prices, change in completion schedule, etc. Increase or (Decrease) 1. Construct a wind cone and segmented circle at Station 64+00, 400 feet left of the Water Runway centerline, per attached sketches 6 memos dated 7/26/88 and 8/19/8 respectively. Lump -Sum. $100000.00 2. Excavate and stockpile 6 inches of existing material aid and replace we 6•1nches of Contrastor furnished Type I Bill on.a*i of wide Maintenance/Emergency Access road pravlously constructed under Change Order No.l ' from the -Tie Dowe-Aria GAte to the ILS sha6k per 92t�666r6fr Sheets 1 And 2 attached. Lump Sum. 3. o__x_i_�m_ately 1,600 'linoar feet oL tetrae—'along Float Plans Ro-�I'a"larra—wait-�r�ice--ofV .20 per linear foot. Ineluding_gt:a" g—if-dee foee-e:,—lowering and rspairl.ag---tatet c, repairing barb wire and replacing miscellaneous hardware. Unit Price. $11,520.00 Net change in contract price dUe to tliis' C.O. g43,186:.66•. I CHANGE IN ;CONTRACT TIME CHANGE IN CONTRACT AMOUNT (Attachedl (Above) is full Justification of each Item on this C.O. Including its effect an Operation and maintenance costs..; This C.n. Is net v311d lentil signed by both the Owner and inxineer. Kenai City Council has to approve all C.O.S. ' Celttreeter's slgneture Indicates his agreement herewith, Including any adjusts ant In the Contract sun or Contract time. By By II1S Ay stlg Hoar r csor wner- . - -;- 9-� - A note -- - - - - - DAt'e Date e pap i KENAI BOATING FACILITY Change Order No. 3 - Justification The addition of the wind cone and segmented circle was requested by the FAA. The -price quoted was compared to competitively bid costs for similar work by the FAA and it is acceptable to them. Improvement of the maintenance road was requested by the City Administration. The maintenance road was constructed at no charge by the Contractor as part of Change Order No.l. The road, approximately 3,750 lineal feet, was constructed Of existing materials 'and has' a sand 'driving surface. .The road is passable but•eince•it has a sand surface it has some soft spots and is subject to erosion and.rutting. Placement of a 6 inch Type I Fill (gravel) driving surface will greatly improve its maintainability and will make the road accestable for emergency access as well as Airport maintenance and security vehicles. In order to keep the road profile below the "sight line" between the tower and the water runway it will be necessary to remove 6 inches of existing material to 'make room for the 6 inches of Type I Fill. r of the fence was requested by the City Admin s on. The existing fence is in poor condition with several_'arl s nd leaning posts. _ The -fabric is raised up off the ground approximately 12 - 18 inches and extends above the tops of posts. The fence_'.s poor condition creates a security risk. The posts will be straightened, the fabric will be lowered and repaired and miscellaneous hardware'will be replaced. // /?E S ,C r pare w..r O r L L6 , . a Q15FOALC=s11.RrE 9W ( 1 September 16, 1988 Keith Kornelis Director of Public Works City of Kenai 210 Fidalgo Kenai, Alaska 99611 KENAI. ALAS" 88811 Re: Kenai Float Plane Facility Dear Keith, ♦. - ■ �-WA- c Attached is Change Order No. 3 for the. Kenai Moat Plane Facility. The Change Order items are all additions to the scope of work and are not essential to the completion of the project as originally designed. A justification for each item is attached. In order to complete the work the Contractor has requested a time extension of 30 days. Apparently the Contractor thought that a two week extension had been granted along with Change Order No. 2 for the tie -down area. I believe it was discussed with him prior to approval of Change Order No. 2 and feel that the magnitude of the work involved in Change Order No. 2 would have justified a two week extension. I believe that an additional extension for Change Order No. 3 is justified since the Contractor has scheduled work on other projects that will need to be completed prior to performing the Change Order work. I therefore recommend a 30 day extension for a new completion date of October 31, 1980. We are nearing the end of our budget for inspection of this project and request that the City increase our Not to Exceed amount by $3,500.00. This is to cover the additional design, coordination, surveying and inspection related to Change Order No. 3. This amounts to 8.5% of the Change Order amount and is -itemized as follows: Lim 1 Pap Of`� i Estimted Budget for Sagiaeeriag Services, C.O.Mo.3: Surveying (2 man crew) 6 hrs. a $118.80 / hr. $ 950.40 Design 4 hrs. a $67.50 / hr. $ 270.00 Coordination 8 hrs. S $67.50 / hr. $ 540.00 inspection 40 hrs. ! $45.00 / hr. $1,800,00 $3,560.40 We provided inspection services for the additional Mork associated with Change Order No.2 whic_k was for $89,440.00, within our budget for the original contract. Sincerely, Wi[./J. NELSON i ASSOCIATES life. J. Nelson, PE FOL OW -UP DATE INM. J. MMS014 14 AGSk..IATES -215 1 IL a Suite 20-1 141"fi. 1) K f A 1. A Fo K A 9 6 11 (907) 283-3393 Date Ta subject '17 10 i //"/C- o to, Lir . 15 is Ser 0;i0o'-" /fy- 57X to'bo I Al "4 /v 0/— 'OPI 56 - 5 e, A /;V? 0 1,ACA 4301 Z 22 I.. 12,tjyows w ox 3 ;,V? -z 4 O!a, 721 e4o.v,o *YL"... 49' 1 1 If. 1: d 4-23 & reve 0 Please reply C3No reply necessary C/) IAOI 'lap Of.. fi der �t _, ,. C.aorv3 �i!�f�a�r,0a�fi�li�IVC� •1j^ � �'� ' .. .. - .. • ••� ~ 000"�/'q y.0 rar yf• Nf�M IO�Tlt: a•rt'•0'OOu Las Win? /f1111 NOYMYt00/IOI UW M11►/ ITtR) /rt it �` .. _ .. OR IYMtKI1NIM '.1. +..... tNt`�1 �• IYrlf to Nt�Ta t lRsOK {WI`�iKAtt ITYI KN99 tN4441?••�1 _VLw _ _ q i 011 f/M �OOYNI e1R. .A/�eT �rtt/Ot/ftt OkMlllit[ tf�tt ro1r nut tt1ANt -- _ -_.-- - • •eti�i .. 1 tA• t I tIN• rLMOeNp $141L TOSTwt A21K agwrAIL TYPICAL RUNWAY 62UN ARY�MARKER . — O O rll�f•� e• Mt. make sw a a ' pNOr pTN�e0MN1 le %r oigdR�irtiR.itti i 'ILO ,,F O A { ee 016111MMNtKOLetI ra O aw • O t11lTNe eM1Nr et US 0110[e to AMeem Mw111e 1041'sm" _ f'""te. m1�e Y,ItWNITTp�p/N iRt 11/YLOT90 sig eC014M�ItUCTN. 1109 ett F00�� ;1 10 N 10 An 'WIN 1A01��90 Nt�ttT wKMy, an am" NAIe um 1N GM 19NTE0 —CILCLK 01 TAI �... • STATE OF ALASNA �t�•• 0[PANTM[NT OF TRANSPORTATION ANO Pu9610 PAC161TIAS t�V �• ' �»` • NOOfN[AN NtOION-OtHON AIaO CONtfNYC►ION •eYlAflf y . «• ,•S• ' • ..... .. .. �ds..'l•�lrl�+s�.�/.. . �•• flr•Ae 1'4+h�A� ice`:% ,` .. • . .�. . • CHIRP tYUt101/ 641144 1NeYp k—• •• •IF M W O ..__ O A O ,� O ,.. o 0 O �- u I.mom I ;,rll'!..1. MFI.SAN R ASS( TES ' I F �.LNI c, 51i r et suite 70.1 KFNAf. ALASKA. 996t 1 (907) 203.3583 TO 4)V you ow-t ir-, DA-riz to Date Subject /oGCil ti s s'As•j-A /�•�' -vim G. ro , ff.�.c2.,f_ / �A_ :�t-.i J�►•r�„ T AS Try BC 40401/"0 a'JA �/• ls� �� floe/ 0r- I7/;F 400fat ✓�>T S•G- 77/ Ol' T7/Z.' /LS �IivlisNi(�i� , . - -. C��7►.c 4 G G4 i of� jtriG /jyoil. v�,�,-,, s �;r�<. iEtr;,f o*P.& 47711t/la> too `C�i/hti6� 7a yao 'L�i' .•�•..� t ' i �- -', i.- RIM 810NE0 . ❑ Please reply ❑ No reply necessary L • fnn►:►.licC; P I JPILLJLC 1' Nu. ALd-NelSgnjAsso&Lgfes &.DNA//�OBIT�GAJ.�/�s G, .706 O BOX 1666 N K' ENAL AK SOB I 607CP6 ,;o%n3 C1ATG 6NGINEIiIa %�1e �� 6 p11/ SNEQT of", _ 1 'a p�. Ir { • i n .0 was was A L { a J ., ,I M Iq �E t� u d It w it R u1 O jIt R 19 I1 MO r1I N I- 11, p s OW cat � \ W� \I .1 64 4 .. _ -.... .. ,.gym d 9u.00 Z YO \;. r• . � 1 I ?age of to L 19 M2 "OtOC U. r-u. I i owl .■ 1 ""I A� Wm• J. Nels n �csaocjgfes ,�F.�t/A/FcvAT PLAI►GE Fife/G/T/ CONSULTING ENGINEERS 13TRUCTURAL/CIVIL .O. 80X 16138 ICENAI. AK 893811 907:i63-3363 OATE�_ _ d EN e L E" J 704, SHEET / OF Z =L,j m A iA725off AIA A/e—c- 1 11 . 1. h �1 �1 1 �1 J ;1 of 1 x Wh ox '` �1 V 1 ,1`•� M o on !: 6AA E�� a} Z s zmE� 02,cvs a/s rW6 2oAo Sm voTW, ,Qil.G arrC�/�'S �,_ __....---- - .- : - _�,_ ,.- : � 2, Cx«rsr7F G �� nisi/A/6 MI►T'L � S7GC,ro/�E A/MAZ WA 5 Tf' iIQEA s A S o%9E=5D �. r i��i2it/ 1411 AA / 4d NS TA LG e n7'/P& (T� RA40174,� 40MAVACr&Z) rO 94% r: ti�/SS AA/0 tgWOWAS SAIoyN. E q lit: - r 1 IN THE DISTRICT COURT FOR THE STATE OF ALASKA THIRD JUDCIAL DISTRICT AT KENAI CENTRAL ALASKA CONSTRUCTION, a partnership by and between KATHRYN THOMAS and WILLIAM A. JOYCE, v, CITY OF KENAI, Defendant and Third- 7,1 Party Plaintiff, rHELL-BRYSON, CONSULTING , a professional on, Third -Party Defendant. No. 3KN-86-652 CI. :a1:s1J tit .. •. • •..• .•• SEP L 1988 clam DI row --to... f• i ORDER Plaintiff's motion for reconsideration, pursuant to Civil Rule �,� 7 and Civil Rule 60(m) is denied. �- DATED: This day of s6, 1988. dge 7 c'9 1 - ORDER f. • A •. rt 7 %WWP STATE OF ALASKA snw cc O DEPARTMENT OF RMENVB o� SM4M f ALG10MigXBEVFR/ CON RCLAGM ' i September 9, 1988 „/456" 72�- Intercore, Inc. dba: Windmill Restaurant Box 895 Kenai, AK 99611 Your request for transfer of of the restaurant/eating place license to 145 S. Willow from 506 Attla Way was approved by the Alcoholic Beverage Control Board at its meeting of August 25, 1988 Upon notification that your premises are completed, please schedule a final inspection through our enforcement staff. Sincerely, iAyLCalhoop Records and Licensing Supervisor (907) 277-8638 cc. Governing Body- Kenai r � � sTaTE OF ALASKA DEPARTMENT OF RBVBIVUB AcMDtrcOMaGEaaw►eot eaaD September 9, 1988 Intercore, Inc. dba: Windmill Restaurant ST&W COWPI& GOVERNOR M w FINAYe.: ANCHOR" AIAVA 0014M Re: Application for designation as a restaurant for purrppops�es of allowing =,raged persons on licensed praises under AS O4.16.04g. Dear Applicant: At its acting of Au ust 259 1988 the Alcoholic Beverage Control Bard took up final considerationo Your application for designation. Your application requested designation for the following purposes(i corked): ® 1. Persons 16 years of age and older any dine unaccompanied (AS O4.16.049(a)(2). XxX 2• Persons under the age of 16 years say dine tccapenled by a person 21 years of age or older (AS 04.16.049(a)(3). xXX 3. Persons between 16 and 19 years of age my be employed (AS 04,16.049(c). Note: Under AS O4.16.049 1d) a Perot is not required to employ a person 19 and 20 years of age. the board took the following action: XXX Approved 1MM%s) requested. ❑ Denied item(s) for the following reasons: - - - - -, 1:3 Denied ail items requested for the following reasons: If you have any questions, Please do not hogitareconract this o ce. Sin ly. -Oeda 4-at Betty C a1 hoop Records and licensing Supervisor (907) 277-8638 cc: local governing body - Kenai 1 i i y KENAI PENINSULA BOROUGH / REGULAR ASSEMBLY MEETING MINUTES AUGUST 16, 19881 7s30 P.M. NIKISKI HIGH SCHOOL A G E N D A- A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1 `Oj0 �!< C. INVOCATIONs Assemblymember McGahan (1, D. ROLL CALL E. VACANCY DESIGNATION OR SEATING OF ASS F. APPROVAL OF MINUTES: August 2, 1988 1 Appvd. G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Glick, Keene. O'Connell, Moock, Nash) 1 (b) Local Affairs/Legislative (Sko etad, Glick Mullen, O'Connell, Phillips) 1 McGahan, (c) Public Works/Education (McLane, Brown, Hodgine. McGaban, Skogsead, Walli) 1 (d) Data Processing Steering Cmte. (Hodgine) 1 (a) Kenai Peninsula College Council (Carey) 1 H. MOTIONS TO RECONSIDER (a) Res. 88-63 "Classifying Tract 3, Nikiski Park Land u v eon as Public Use/Recreation to Be Retained for Recreation Use and a Solid Waste Transfer Site" (Mayor) DEFEATED 8/2 Recnadr, (MTR Hodgine) 2 Adopted I. AGENDA APPROVAL AND CONSENT AGENDA 2 J. ORDINANCE HEARINGS (a) Ord. 88-27(Revised) "Amending KPB Title 21 to MaV w aptes 200 Pertaining to the Burial. Dumping, Transporting, Storage Incineration, or Other Disposal of Potentially Harmful, Toxic or Hazardous Waste Materials. and Amending KPB 10.10 Pertaining to the Waste Disposal Commis- sion" (Nash) 2 Refer PC/Asm (b) Ord. 88-28 "Accepting and Appropriating a Grant State 190,800 for Nikiski TFM t'Fe of Alaska of School Pedestrian Walkways" (Mayor) 3 Enacted (c) Ord. 88-29 "Transferring $85,000 from the Kenai Landfill count and Appropriating the Funds to Project Account for the City of Kenai to Re- a move Excess Sand from the Kenai Landfill" (Mayor)3 Enacted (d) Ord. 88-30 "Accepting and Appropriating a Grant Tr-m tWe Ttate of Alaska for the Kenai Peninsula Borough Coastal Management Program" (Mayor) 3 PPatpnd. 9/20 (a) Ord. 88-31 "Accepting and Appropriating Grants from the State of Alaska for Implementation of a Hazard Mitigation Strategy for the Seward Area" (Mayor) 3 9,2pnd. i f i;. r, Page No. (f) Ord. 88-32 "Approving the Construction of the ewer ementary School, Amending Ordinance 85-51 Authorize the Nos. 82-51, 83-47, and to Use of Excess Bond Proceeds in an Amount Not to Exceed $4,000,000, and Appropriating $2,850,000 in Other Borough Funds for the Construction Thereof" (Mayor) POSTPONED 8/2 4 Enacted K. INTRODUCTION OF ORDINANCES (a) Ord. 88-35 "Amending the Borough Code of Ordi- nances Tay Adding a New Chapter, Forest and Timber Resources" (Local Affairs Cmte.) 5 St Hrng L. CONSIDERATION OF RESOLUTIONS (a) Res. 88-71 "Ratifying a Grant Policy Pertaining i Borough General Govern- to Ee Wnai Peninsula ment and Services Areas" (Mayor) 6 aeoAmnd (b) Res. 88-73 "Authorizing a Borough Forest Man- f agement reement @etween the State of Alaska, Division of Forestry and the Kenai Peninsula -- - Borough for Assistance in the Disposal of Sale of Forest Products from Borough Lands" (Mayor) 8 [ot9%20 f 9 (c) Res. 88-74 "Transferring $24,665.17 from the see7�m lyy"Budget to the Planning Department i Budget to Provide Funds fos Obtaining Techni- cal Service and Assistance for Evaluation of Alaska Department of Environmental Conservation Permit Applications or Other Applications Which Come to the Borough for Comment or Action" 9 pseppnd (Mullen) to 10/11 (d) Rea. 88-75(S) "Transferring Funds and Authorizing war o a Contract to Swenson Construction in the Amount of $39.859.00 for the Bear Creek Fire lO Ado opted Station Parking Garage" (Mayor) Shop. M. PENDING LEGISLATION (This item lists legislation which will be addressed " at a later time as noted) (a) Ord. 88-33 "Appropriating Funds for the Waste Disposal Comm anion Established by Ordinance 88-27 (Revised)" (Nash) SET NEARING FOR 9/20/88 (b) Rea. 88-66 "Op osing the Establishment of a Special Waste Site in the Nikieki Area (Brown Carey, Glick, Hodgins, McGahan) TABLED 7/19/88 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS - P. MAYOR'S REPORT 10 Q. OTHER BUSINESS (a) Revenue and Expenditure Report R. ASSEMBLY AND MAYOR'S COMMENTS 11 i S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT (September 6, 1988) 5 i St KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING AUGUST 16, 19881 7:30 P.M. NIKISKI HIGH SCHOOL A. CALL TO ORDER The regular meeting of the Assembly was called to order in the auditorium of the Nikiaki High School by Pres. Jonathan Sewall at approximately 7:30 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Aseemblymember Karen McGahan. D. ROLL CALL PRESENT: Aseemblymembers Brown, Carey, Crawford, Glick, Hodgins, Keene, McGahan, McLane, Mullen, Nash, O'Connell, Sewall, Skogetad, Wallis Mayor Don Gilman, Atty. Boedeker, Public Worka Director Ken brown, Borough Clerk Brindley EXCUSED: Assemblymembers Moock, Phillips E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES The minutes of the regular meeting of August 2, 1988 were approved as written. G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Glick, Keene, O'Connell, Moock, Nash) Mr. Crawford reported the committee met and discussed only agenda items. (b) Local Affairs/Legislative (Skogetad, Glick, McGahan, Mullen, O'Connell, Phillips) Mr. Skogetad reported Local Affairs discussed only agenda items. (c) Public Works/Education (McLane, Brown, Hodgine, McGahan, Skogetad, Walli) Mr. McLane reported in addition to agenda items, the committee heard a report on lighting and pedestrian improvements that are to be made adjacent to Nikiaki Elementary and high school entry. (d) Data Processing Steering Cmte. (Hodgine) Mr. Hodgine referred to a report on the desk from the committee regarding usage of the computers noting heaviest periods of use and stating the report is condensed from a larger version available upon request. (e) Kenai Peninsula College Council (Carey) Mr. Carey reported the Council had a special meeting August 11 regarding the Board of Regents' two day meeting this week, beginning an every other month on the Peninsula schedule. One topic of discussion was the proposed separation from the state college of the Kachemak Bay branch. - 1 - A { r---- °A KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 16, 1988 H. MOTIONS TO RECONSIDER (a) Res. 88-63 "Classifying Tract 3, Nikiski Park AVIN ' SubdivieLon as Public Use/Recreation Land to Be Retained for Recreation Use and a Solid Waste Transfer Site" (Mayor) DEFEATED 8/2 (MTR Hodgins) ASSEMBLYMEMBER HODGINS MOVED THE RECONSIDERATION OF RES. 88-63. Mr. McLane reported Public Works Cutts. discussed and recommended passage with a proposed amendment. THE MOTION TO RECONSIDER WAS APPROVED BY UNANIMOUS VOTE. ASSEMBLYMEMBER SKOGSTAD MOVED TO ADOPT RES. 88-63. Mr. Skogstad commented previous opposition to passage arose from the recollection of the land being designated for education although not formally classified as such. To preserve it for future use should it be needed he recommended the following amendment. ASSEMBLYMEMBER SKOGSTAD MOVED TO AMEND SECTION 1 BY CHANGING THE CLASSIFICATION TO "public use/recreation lands education lands." MOTION WAS APPROVED BY UNANIMOUS CONSENT AND ADOPTION ATIMED WAS ALSO BY UNANIMOUS CONSENT. 1. AGENDA APPROVAL AND CONSENT AGENDA The agenda was approved as presented. J. ORDINANCE HEARINGS (a) Ord. 88-27(Revised) "Amending KPB Title 21 to Add a Now Chapter ZO0 Pertaining to the Burial, Dumping, Transporting. Storage, Incineration, or Other Disposal of Potentially Harmful. Toxic or Hazardous Waste Materials, and Amending KPB 10.10 Pertaining to the Waste Disposal Commis- sion" (Nash) ASSEMBLYMEMBER NASH MOVED THE ENACTMENT OF ORD. 88-27(REVISED), Public hearing was opened. Gary _Superman, Nikiski, believed the ordinance was a good starting point for an ordinance which was becoming increasingly necessary. He also favored the reinstallation of the Waste Disposal Commission but felt the Assembly should be able to make some of the appointments. Noting the outside city area had only one representative for each district, he stated Nikiski contained 902 of the industrial activity in the Borough and should be allotted additional representation. Gretchen Morgan, Nikiski, addressed the need for caution in disposal o w�'"'a-etee which are not considered toxic and problems relating to stored liquids which have leached into the ground. She believed the Assembly should be involved in the complex process and the ordinance was a good start toward control. Public hearing was closed. Pros. Sewall reported he and Colleen Denbrock, Chairperson of the Planning Commission appointed a six member working group to develop permit standards for an ordinance to replace KPB Code 21.12. From the Assembly would be Phil Nash. Jack Brown and Jim Skogetad. From the Planning Commission would be Colleen Debrock, Phil Bryson -and Carole -Jaffa- He had requested planning -staff -to draft an ordinance for their study prior to a Planning Cmen. meeting and would refer this ordinance to them as well if the Assembly so desired,_ -_ -2- III KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST_16, 1988 Mr. Nash stated the ordinance is an attempt to start a land use permitting requirement for potentially harmful substances and provide some workable group to make suggestions for improvement and eventually produce an ordinance that can be enacted by the Assembly. ASSEMBLYMEMBER NASH MOVED TO POSTPONE ORD. 88-27(Revised) AND REFER TO THE PLANNING COMMISSION/ASSEMBLY TASK FORCE. MOTION WAS APPROVED BY UNANIMOUS CONSENT. (b) Ord. 88-28 "Accepting and Appropriating a Grant rom the rate of Alaska of 190.800 for Nikiski School Pedestrian Walkways" (Mayor) ASSEMBLYMEMBER MCGAHAN MOVED THE ENACTMENT OF ORD. 88-28. Mr. McLane reported Public Works Cmte. had a unanimous "do pass" recommendation. Mr. Crawford reported Finance Cmte. recommended passage also. Public hearing was opened and as no one wished to be heard, was closed. ORD. 88-29 WAS ENACTED WITHOUT DISCUSSION BY UNANIMOUS CONSENT. (c) Ord. 88-29 "Transferring $85.000 from the Kenai aadgiTrXccount and Appropriating the Funds to a Project Account for the City of Kenai to Re- move Excess Sand from the Kenai Landfill" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ENACTMENT OF ORD. 88-29. Mr. McLane reported Public Works Cmte. discussed Ord. 88-29 and had a do pass recommendation with an amendment to delete Section 5. Mr. Crawford reported Finance Cmte. recommended passage also. Public hearing was opened and as no one wished to be heard, was closed. ASSEMBLYMEMBER McLANE MOVED TO AMEND BY DELETING SECTION 5, RENUMBERING THE REMAINING SECTION. Mr. McLane stated this was to allow the Borough to use private trucking companies to move the sand from the landfill to the dock area. THE AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT. ORD. 88-29 WAS ENACTED BY A VOTE OF 13 YES TO 1 (O'Connell) NO. (d) Ord. 88-30 "Accepting and Appropriating a Grant rom Me Sfate of Alaska for the Kenai Peninsula Borough Coastal Management Program" (Mayor) ASSEMBLYMEMBER CAREY MOVED THE ENACTMENT OF ORD. 88-30. Mayor Gilman reported that according to his last conversation with Dept. of Community 5 Regional Affairs it would be approximately one month before the amended agreement arrives. Public hearing was opened and as no one wished to be heard, was closed. ASSEMBLYMEMBER CRAWFORD MOVED THE POSTPONEMENT OF ORD. 88-30 UNTIL SEPTEMBER 20 AND THE MOTION WAS APPROVED BY UNANIMOUS CONSENT. (e) Ord. 88-31 "Accepting and Appropriating Grants from the State of Alaska for Implementation of a Hazard --Mitigation Strategy -for the Seward Area" (Mayor) -3- i.' s: F 1\{[U { s,. is t KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 16_, 1988 ASSEMBLYMEMSER SKOGSTAD MOVED THE ENACTMENT OF ORD, 88-31. , Public hearing was opened and closed as no one wished to be heard. ASSEMBLYMEMBER CRAWFORD MOVED THE POSTPONEMENT OF ORD. 88-31 AT THE REQUEST OF ADMINISTRATION AND IT WAS APPROVED BY UNANIMOUS CONSENT. M Ord. 88-32 "Approving the Construction of the war ementary School, Amending Ordinance Nos. 82-51, 83-47, and 85-51 to Authorize the Use of Excess Bond Proceeds in an Amount Not to Exceed $4,000,000, and Appropriating $2,850,000 in Other Borough Funds for the Construction Thereof" (Mayor) POSTPONED 8/2 ASSEMBLYMEMBER SKOGSTAD MOVED THE ENACTMENT OF ORD. 88-32, Mr. McLane reported the Public Works Cmte. discussed the wording of the ballot proposition and proposed amendment, recommending the amendment be accepted but with one change, moving the last sentence to the beginning of paragraph 2. Pros. Sewall read the proposed amended ballot proposition. He then opened public hearing. Sandr Wasilie. Seward. spoke to the need for a new Seward school. SFie -state n preparation for school opening, there have been 60 new students enrolled as of this date. It appears enrollment will at least meet projections. She had no recommendatio�ns regarding the proposition sspthatithere would be no new e most important onded indebtedness for the schooet to the lters John Dahi ren, KPBSD Central Office, stated he had met with the y or Seward, Parent Advisory groups and school administration and the need for the school is eminant. He urged passage of the ordinance and giving the people of Sward the opportunity to sell the'x1 school to the rest of the Peninsula. 1 E. G. Mumford, Seward, agreed with the to amendment and r ng ng forward the statement that would be most important. He stated the need for the school. Public hearing was closed. There was some confusion due to a typographical error in an ordinance number in the amendment. Atty. Bosdeker stated if the intent of the Assembly was shown to have the correct reference included, that would be sufficient. Pres. Sewall stated that was the intent and there was no objection. ASSEMBLYMEMBER McLANE MOVED TO AMEND SECTION 3, THE BALLOT PROPOSITION AS PROVIDED IN THE PROPOSED AMENDMENT, WITH THE MOVING OF THE LAST SENTENCE TO THE BEGINNING OF PARAGRAPH 2. Pros. Sewall passed the gavel in order to be recognized and stated his support for the amended proposition and the ordinance. He stated the administration was to be congratulated in coming up with an innovative plan to most a real need in the Seward area while having a minimal impact on the taxpayers. The need for the school is prompted by several industries coming in which were not part of the school district's projection. In addition to the prison there is a lumber mill with two shifts scheduled and Seward Fisheries is expanding. He stated misinformation is the enemy of a knowledgeable electorate and several items in a recent editorial were incorrect. He noted the school -was defeated two years ago, not last year as reported, and -by only the narrowest of margins. The economy has stabilized since then and the need is even greater. He noted the beautiful in Nikiski would doubtless become -the- community- center -and - a new one in Seward - would benefit the economy, supporting accelerated real estate activity. - 4 - r 1 k. ILI r- KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 16, 1981 Mrs. Glick spoke in support of the ordinance and the amendment. She reported having spent the previous day in Seward and observing the increased activity. She stated not only the Seward residents should be expected to support the school, but all the Assembly should do so. 4 Mr. Brown stated he would be giving the school his entire support He recalled the Seward residents supported the vote for the Nikiski school and they should do likewise. Mr. Hodgine stated his support for the ordinance and giving the constituents the opportunity to vote on the school. THE AMENDMENT WAS APPROVED AND ORD. 88-32 WAS ENACTED AS AMENDED BY UNANIMOUS CONSENT. Pros. Sewall called a 15 minute recess. K. INTRODUCTION OF ORDINANCES (a) Ord. 88-35 "Amending the B000w prough Code of Ordi- T Timber ResourceAddins"a(Local Affaiter rsFCmtet)and ASSEMBLYMEMBER SKOGSTAD MOVED TO SET ORD. 88-35 FOR HEARING ON SEPTEMBER 20. Mr. Skogetad reported Local Affairs Cmte. has been working on the ordinance for about a year. It is basically a redraft of the existing ordinance. After discussions with the attorney, however, he felt it might be better to amend rather than repealing and reenacting a new one. if this is set for hearing, prior to that hearing the format might change, but wording will be basically the same. Public hearing was opened. Arthur Stites, Salamatof Precinct, suggested the performance bond require a ou d cost more than the specified $100 or they would not be taken seriously. He stated it needed to be reasonable but should not make it attractive to leave the $100 on the table. Alan Bute, Nikiski. stated as a wood burner, he was glad to see the ordinance to allow people to get their own firewood. Public hearing was closed. Mr. Nash stated the previous ordinance provided generally for blocks of land to be commercially harvested by an individual who could request a sale be set up and make the only bid for that sale. A few individuals got the right to harvest the timber and choose where it came from. The subsequent ordinance, effective in 1985, should have provided for harvesting but staff persona have prevented the harvest- ing of any wood forest products since 1984. He urged administration to implement the existing ordinance. Mrs. McGahan stated the new ordinance is an attempt to prevent the abuses to private property reported by members of the public during timber harvests. She recalled they contracted for a forest manage- ment plan which turned out to be only an assessment. She reported the committee has tried hard to get a program fair to all in place and the administration is committed to having it in place by October let. Mr. Skogetad reported there had been sales taking place in the last couple of years but they were basically cleanup salee from previous sales that had been poorly managed. The changes being proposed are an effort to insure the activity did not infringe on surrounding property- owners. They provide for a--3-5---year . plan -so.-loggers can know what they can count on. He noted there was still work to be done on the ordinance but there are procedures that need to be spelled out before successful sales -can take place. - - -5- L P' i I. { . 4 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 16. 1988 He decided to bring it to the Assembly because it was advised in the audit that the Assembly should adopt a grant policy. ASSEMBLYMEMBER O'CONNELL WITHDREW HIS AMENDMENT. ASSEMBLYMEMBER O'CONNELL MOVED TO AMEND BY STRIKING PARAGRAPH E, f "This policy does not pertain to legislative grants." Mr. O'Connell stated good management dictates the Borough be aware of what is happening to it before it happens, especially with regard to grants. Ifit to wise for some to come before the Assembly for review, perhaps they all should. He felt legislative grants were often a source of problems when they arrived in the closino nts of the legislative session. Some have pertained to projects the Borough had no power to accomplish. The State Constitution gives the Assembly overview of all grants for the Borough. Mr. Brown and Mrs. McGahan spoke against the amendment, stating with portions of the Borough in different legislative districts. it was not a political reality. They felt any service area should be allowed to lobby for any grant money it has a chance to receive. Following further discussion regarding the difficulty of dealing with unplanned for grants as well as the desire not to inhibit receipt of funding, Mayor Gilman recalled an instance when he was in the Senate a grant was given to Bear Creek Fire Service Area for a fire truck. { He recalled being in trouble with some Assembly members because he was not from the district that represents Rear Creek while he had been thinking of the Borough as a whole. He stated the political realities are that the Borough has three separate house districts and the representatives have different constituents than the Assembly has. The grant policy was reviewed in meetings with all the service areas and the main objection had been disposed of by the addition of the paragraph the amendment would delete. Mr. McLane recalled talking with representatives in Juneau on specific issues when other topics and projects came up he had no knowledge of -- he felt unprepared to give comment. He felt notifi- cation should be required to the coordinator who could then inform the Assembly. Mr. Keene requested clarification of Section D, "funds will not be expended... unless preaward costs have been approved in writing by the granting agency." Mayor Gilman stated with this policy, no money will be committed until there has been appropriation unless the grant specifically allows it. Some grants are for reimbursement of money spent. THE O'CONNELL AMENDMENT FAILED BY A VOTE OF 4 YES TO 10 NOt YES: Keene, Crawford, O'Connell, Skogetad i NOt Nash, Waili, Mullen, Glick, Carey, Sewall, McGahan, Hodgins, McLane, Brown ASSEMBLYMEMBER McLANE MOVED TO AMEND ORD. 88-71(SBST) BY ADDING TO SECTION E "with the exception the Grant Compliance Coordinator shall be notified of legislative grant requests." THE McLANE AMENDMENT WAS APPROVED BY A VOTE OF 9 YES TO 5 NOt YES: Mullen, Crawford, Glick, Carey, Sewall, O'Connell, Skogstad, McLane, Keene 111 NOt-McGahan,.Hodgins,-Brown, Nash, Walli Mr. Nash stated references had been made to the Assembly's role of responsibility with respect to grants. �1 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 16, 1988 1 - — S � ASSEMBLYMEMBER NASH MOVED TO AMEND SECTION D BY DELETING "unless - w pseaward costa have been approved in writing by the granting agency►" AND INSERTING IN ITS PLACE, "unless authorized by Assembly action.' Mayor Gilman stated the section was written to accommodate certain t;. grants where preaward costs are allowed upon the signature from the approval date of the grant. ` MR. NASH WITHDREW HIS AMENDMENT. l ASSEMBLYMEMBER McGAHAN MOVED TO AMEND TO DELETE THE LAST SENTENCE OF PARAGRAPH C. "Any grant with a fiscal note having an annual coat to the Borough or Service Area above $50 000 will be subject to Assembly approval prior to submitting the application or request." ` Mrs. McGahan felt if staff 'persons ask for a grant i�pacting the it if { -" Borough more than $50,000 the Mayor could take care of and service area boards are doing so, they are accountable to their ' voters. - - Mrs. Valli asked if it was the policy of the service areas to -- - - .j advertise when considering grants which would take their spending ,. beyond what was appropriated in their budgets. Mayor Gilman stated it depends on the service area. Some do not have staff persons and all decisions are made by the board. He knew of no instances where a service area director sought a grant without knowledge of the board or that this policy had not been followed. He did not know if special notice was given or agenda published. ' THE McGAHAN AMENDMENT WAS DEFEATED BY A VOTE OF 8 YES TO 6 NO: YES: Crawford, Glick, Casey, McGahan. Hodgins, Brown, Hash. Valli a NO: Sewall, O'Connell, Skogetad, McLane, Keene, Mullen ASSEMBLYMEMBER VALLI MOVED TO AMEND PARAGRAPH C. LAST SENTENCE AS C' FOLLOWS: "Any grant having an additional cost to the service area or 11 I the borough shall be set for hearing and advertised. • Mr. Crawford spoke for the value of keeping the policy simple and helpful. THE VALLI AMENDMENT FAILED BY A VOTE OF 2 (Valli. O'Connell) YES TO { 12 NO. 3 -} THE AMENDMENT TO THE SUBSTITUTE WAS APPROVED BY A VOTE OF 11 YES TO 3 f NO: YES: Carey, Sewall, Skogstad. McLane, Brown, Nash, Keene, Valli, Glick j Mullen, Crawford, ., ' NO: McGahan, O'Connell, Hodgins t ' ORD. 88-71(SBST) WAS ADOPTED AS AMENDED (McLane) BY A VOTE OF 11 YES T TO 3 NO: fi YES: Sewall, Skogetad, McLane, Brown, Nash, Keene, Valli, Mullen. Crawford, Glick, Carey 4 NO: McGahan. O'Connell, Hodgins (b) Res. 88-73 "Authorizing a Borough Forest Man- e t agemen -Agreement Between the State of Alaska, Division of Forestry and the Kenai Peninsula :f Borough for Assistance in the Disposal of Sale -- -- - -of_porest_Products from Borough Lands". (Mayor) . ASSEMBLYMEMBER SKOGSTAD MOVED THE ADOPTION OF RES. 88-73. ° 8- I j (i tt k. . I i r � 4' I f l.r. Y-_ KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 16, 1988 i Mr. Skogstad reported Local Affairs did not take up this resolution as administration had recommended it be considered along with enactment of Ord.. 88-35. ASSEMBLYMEMBER SKOGSTAD MOVED TO POSTPONE RES, 88-73 TO SEPTEMBER 20 AND IT WAS APPROVED BY UNANIMOUS CONSENT. 4 (c) Res. 88-74 "Transferring $24,665.17 from the seA— RSTyTudget to the Planning Department Budget to Provide Funds for Obtaining Techni- cal Service and Assistance for Evaluation of Alaska Department of Environmental Conservation Permit Applications or Other Applications Which Come to the Borough for Comment or Action"(Mullen) ASSEMBLYMEMBER MULLEN MOVED THE ADOPTION OF RES. 88-74. Mr. Crawford reported the Finance Cmte. discussed the resolution and j had a do not adopt recommendation. l ' Mr. Mullen spoke to the need for staff expertise to deal with applications dealing with the waste disposal problem. He believed { there is an information gap due to the technical nature of the problem and in the public interest, it is imperative the administra- tion, assembly and planning commission be aware of what is being proposed. He stated the amount to be transferred would only serve as a start, but he believed the dollars would better serve the borough in this area. He reported Mrs. McGahan had asked to be a co-sponsor. Mrs. McGahan commended Mr. Mullen on writing the resolution. She recalled her frustration during the consideration of the Amoco discharge of wastewater when she could not find anyone at ADEC or ADFGG with the expertise to give a valid opinion on the effect of the outflow on the migrating fish runs. There is no one at the Borough to provide overview and these activities must be monitored. ASSEMBLYMEMBER CAREY MOVED TO AMEND THE RESOLUTION TO TAKE $25,000 FROM ASSEMBLY CONTINGENCY RATHER THAN FROM ASSEMBLY TRAVEL AND DUES ACCOUNTS, DELETING SECTION 1, RENUMBERING SECTION 2 AND AMENDING THE FIRST LINE TO READ "These Assembly contingency funds are transfer- red..." Mr. Carey believed whether or not the Assembly should withdraw from Alaska Municipal League should not be tied to the issue of evaluation and technical service needed to deal with applications. Mr. Nash referred to Section 2 which notes the intention to change the associate planner position in the Planning Dept. to a position to review permit applications. He did not feel this was going to be adequate as experts in the field have whole staffs. Several members expressed uncertainty as to the volume of permit applications to be review and the cost of qualified personnel. Pres. Sewall passed the gavel in order to be recognized and stated hie inclination has been to obtain the expertise needed as problems increase. Nevertheless he felt this resolution was ill conceived and spoke for defeat with the idea that if some specific expertise is needed for the recently named commission to deal with a problem that would be appropriate. ASSEMBLYMEMBER HODGINS MOVED TO POSTPONE RES. 88-74 TO THE FIRST MEETING IN OCTOBER (Oct. 11, 1988). Kevin_Fenner. Planning-Director,reported_ he was working with the Personnel Director to write a job description which -would come to the -- - Assembly for approval. Mayor Gilman stated he had not anticipated requiring a supplemental appropriation and might _not be _able to find the person outlined. Some of the monies set aside for an associate planner might be used to contract with a qualified consultant. -9- - -- 1 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 16, 1988 ' " • i RES. 88-74 WAS POSTPONED BY A VOTE OF 11 YES TO 3 NOt ' YES, McGahan, O'Connell, Skogetad, Hodgine, McLane, Brown, Nash, Keene, Walli, Mullen, Crawford NOt Glick, Carey, Sewall - (d) Res. 88-75 "Authorizing Award of a Contract to Creek Fire for the Bear f.station ar ng Garagell (Mayor) ASSEMBLYMEMBER SKOGSTAD MOVED THE ADOPTION OF RES. 88-75. Mr. Skogstad noted a Substitute is on the desk with blanks completed. Mr. Crawford reported Finance Cmts. supported the resolution. — Mr. McLane reported Public Works Cmte. supported adoption also. ASSEMSLYMEMBER MCLANE MOVED TO AMEND TO THE SUBSTITUTE, "Transferring 1 ;. Funds and Authorizing Award of a Contract to Swenson Construction in + ., the Amount of $39,8 9.00 for the Bear Creek Fire Station Parking Garage". `.. - Mr. McLane reported the Substitute addressed the fact the contract of over the grant amount of $36,000 which is supplemented in Section 2 with authorization of monies from two Bear Creek accounts. He asked " the Mayor how the project was advertised since there was only one ' bidder. Ken Brown, Public Works Director stated normally these projects are advertised in the Seward Phoenix Log and the Peninsula Clarion when they are located in Seward. -; Mayor Gilman reported the Bear Creek service area board hired an engineer to get the project in violation of the ordinance that states operating funds are not to be spent on capital improvements but that has been ironed out. The engineer might have been the one to - - advertise in this case. Pros. Sewall read a letter from the board requesting expeditious action in order to get the construction started before winter. RES. 88-75 WAS ADOPTED BY UNANIMOUS VOTE. M. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) Ord. 88-33 (Nash) SET HEARING FOR 9/20/88 (b) Re1. 888-66 (Brown, Carey, Glick, Hodgine, McGahan) TABLED N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS P. MAYOR'S REPORT I Me or Gilman reported receippt of a letter of resignation from Ed Hakert effectiveSeptember16. �- '' He reported the Planning Commission will hear residents near the Clam j ..}": Gulch site of proposed gas well drilling who are asking it be under the noxious, hazardous, injurious use ordinance. Mrotested issues include the right of people with oil and gas leases to have - -' - - - - - - entry to exercise their subsurface rights. He reported the fire chiefs from Nikiski, Kenai and Soldotna have been -, in to the - - - -- involved a program protect residents of area against( - 10 - F.' �1 i ` r-- KENAI PENINSULA BOROUGH -ASSEMBLY REGULAR MEETING OF AUGUST 16. 1988 dangers of transport of explosives through the communities on route to Homer for the Bradley Lake project. With an established network of notification and schedule. trips are being made at a time of least highway useage. Mayor Gilman referred to the notice of change of assessment notice which will save the Borough considerable money. Mayor Gilman reported a Finance Dept. employee has been commended by the FEMA for being chief accountant on the Seward flood which enabled the Borough to be reimbursed all but $253 of what was spent due to her diligence. Q. OTHER BUSINESS (a) Revenue and Expenditure Report R. ASSEMBLY AND MAYOR'S COMMENTS Mr. Carey encouraged everyone to vote August 23. Mr. Mullen addressed the oil found recently in the Inlet and stated no one appears interested in finding out where it came from. Mrs. Walli noted a letter from Homer News regarding meeting advertisement. She also addressed the local hire issue on the Bradley Lake project, stating apparently some workers have more than one residence. Mrs. McGahan thanked the Assembly for having the meeting in Nikieki, regretting there were not more residents in attendance. She gave her condolences to the Parker family in Soldotna on their recent loss. Mr. O'Connell complimented the Nikiski area on their school and the welcome of the Nikiski Fire Dept. Mr. McLane reported in regard to Bradley Lake hiring that Zubeck. Inc. Kenai had the contract for clearing the transmission line and D 6 L is a major subcontractor. Mr. Brown mentioned activities of the Nikiski Boosters Club with Al Willis as President. Pres. Sewall referred to extensive beetle kill through Cooper Landing and encouraged work towards a solution before a disastrous fire takes place. Mayor Gilman reported between now and January the Borough is getting title to much of that Cooper Landing land which will be part of the forest management plan. He hoped for some solid work with the State to get rid of the unsightly and dangerous deadwood. S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT Free. Sewall adjourned the meeting at 1105 p.m. after announcing the next meeting of September 6. 1988. Date approved Jonathan W. Sewall,Assembly rea ent ATTEST s i oroug - er - - - ... ,- - - - ---] 71 sNr-�. TRADE CLUB honoring Chamber member businesses, will be held on Friday evening, September 9th at the Kenai Elks Club. Tickets are limited, so please contact the Chamber ASAP (283-7989) �.to reserve your tickets. Price per person is $25.00. The hosted cocktail hour will begin _fat 6:00 p.m. followed by dinner and entertainment at 7 p.m. Grand prize drawing will be a trip for two to Hawaii as wall as other wonderful prizes from our Chamber member businesses. Chamber businesses featured throughout the evening will be NATIONAL BANK OF ALASKA, KENAI COUNTRY LIQUORS, BIG RAYS, PENINSULA FURS and FRAMES 6 THINGS. Entertainment will include the "Bob Betterman Show" -- so get your tickets NOW and join with us for a VERY enjoyable eveningt ALASKA STATE FIREFIGHTERS ASSOCIATION will hold their annual convention here in Kenai the weak of September 19th. There will be over 300 delegates, which is one of the largest '> conventions to be held in this area. Please make these special guests welcome and show them real Alaskan hospitality! - WHEEZER BOWL football game between the "Enforcers" and the "Educators" will be held on Saturday, September 18th at 2:00 p.m. at the SOHi field. Proceeds are dedicated to the ' high school scholarship funds and we wish to thank each and everyone of you who participated by purchasing an ad in the Wheezer Bowl Program. Each of the three Chambers are soliciting advertising for the programs, on behalf of the Wheezer Bowl organization and are proud to j be part of and effort for such a worthy cause. Please be sure to attend the game and lend your suppbrt to these great players who put their "body and souls" on the line once a year! i i VOTER REGISTRATION is available at the Chamber office -- If you need to register to vote or which to make changes on your registration, please stop by and we shall assist you. KENAI ANNUAL "OPEN" GOLF TOURNAMENT was a great success thanks to Bill Coghill and his committee. There were 56 who signed up for the event and many prizes were awarded. The event is planned to be bigger and better next year and tournament organizers are hopeful to have the event scheduled for an earlier date in August in 1989. Also, a special thanks to the Kenai Golf Course for their support and assistance in the Golf Tournament activities we are also proud to say that the Kenai Golf Course has truly been a success and a great addition to our community. RETAIL MERCHANTS ASSOCIATION will again be holding their monthly meetings beginning in September. If you wish to participate in the Retail Merchants Association or have a question concerning the meetings times, etc., please call the Chamber office or Chairman, Laura Measles at 283-3858. KENAI VISITORS b CONVENTION BUREAU President Bob Williams is still working with the City of Kenai to coordinate an effort which would allow the organization to develop and implement a plan and direction for the upcoming Bicentennial Celebration in 1991. The group will be looking for additional persons to place on the Board of Directors who which to partici- pate in the upcoming Bicentennial Celebration. If interested, please call Bob at 776-8161 or Sue at the Chamber office -- IT WILL BE THE BIGGEST 6 BEST CELEBRATION IN KENAI HISTORY'S! wa o..a+.6 aaa ywu is aepGemuer eacu weanesaay at 1Z noon at the Kenai Merit Inn f0 September 7th - Senator Jan Faiks - Economic report on Alaska R^;.y. September 14th - Candidates for Kenai Peninsula Borough Board of Educat 'a �e). � September 21st - Darryl Schaefermayer,.City of Seward - Proposed Eleme bry,; Shoo,*: September 28th - Candidates for KENAI CITY COUNCIL may: I r- F PrtiNdent Ron Malston Ron wittey Ma4ton�s, . Homer t£leetric Ann. - vice pl ment-SM Vice President Lauea Measies Reflections ' s.cret ryTreaeuror lmmediaa Put Pr+aidart Big Co{hilt Jim CarterFAA munulds, Cottrell Big Brighton Cityoft Ksasi PeW Arms Cott{e esslorul Delegation Office Leroy HNnrkh UNOCAL ChsmicsLr Dennis Swannr Kenai Vision Center ' _. Cheryl Sutton Dum Bond Kew Peeirtsula Fisltermu,s Cooperative First National Bsah Lester viers Retired Edtrmtor Bob Williame Clwvroa USA Glen Jackun MUM Tatars Alaalts " Executive Director SWamitcfaycmft Carter CraYcralt CMyaler Adrawtrative Assistant Carogna VYiliis SI and Citeedw of Commm _ -- - Box 497 1CmL AWb 99611 CITY OF KENAI :. y 210 Fidalgo Ave. Kenai, AK 99611 (CR-1) . ;.Y r. ;i r. y 1y a _ .__.. __-__._.__. re h mm sa m Ty"m t8$ xm Rt;2-M 21"Ift 7 "st u tt "w mum wat Ulm 7FMumi � latt 'MsNt H10. ii< 7 I '� r— :;:NPJ -3 _NIDUR CIHAA41PIED TODAY Newsletter of The Greater Soldotna Chamber of Commence ........... Volume I issue 9 .......September, t 9a "Dull Tab" Laws Change Effective September 2,1988 Alaska's Games of Chance and Contests of Skills Laws take on maior revisions particularly where the sales and operations of pull -tabs (rippies) are concerned. Department of Revenue, State of Alas- ka will conduct training seminars for the new laws and regulations. The first in the Peninsula training series is Thursday, Sep- tember IS. 9:00 • 11:00 AM. Kenai Peninsula Bo- rough Assembly Cham- bers. Homers seminar will be Thursday afternoon 2:00 • 4:00 PM, Homer City Hall and Sowards Fri- day, September 16th 10:00 • 12:00 AM, at the Council Chambers. The Department strongly urges permit holders and opera- tors to attend these semi- f� n ut s ' M♦ n:-;Manynon fit or- ..:.:....:... this Chamber, ceive funds s pull s I o f eb h sale from t e s pu : : '. ;...:. so spread the word about these all important sea- $ions. Alaska River` Compafn Chamber Box 8gT C+,opec L'anc ing� Ak 9957� After flours Chamber After Hours Fish Alaska Mills Et1t8Cprise8 at the Kenai Peninsula Via itor Information Center was Box 3518: _;: '' .:'.; ' ;`'r.': a great success; over 60 .':- Soldotna. AK 9966g>°:;':':`:. `' attended and were de• lighted by the brief pre- view of "Flat Caps and H.E,A.T. Alaska: ; :`':.::3;.;>::: Dancing Dreams' dinner theater. Thank you DAVE Hot, sox FORBES, JEAN BROCK• Sterting, AK EL, DAVE HALLWORTH, BRENT BATTON perform- :.r..:<,: e r and producer FRED- S K8n8 DIE BILLINC3SLEA. Com- plimentary hors•d oeu ox b SIZZ- were furnished Y Kenai, AK 9 9f3>t 1= LER RESTAURANT (Rod and Margaret Russell). ANT THE CROSSANT Soldotna .Toastmasters:.;.:#607;t ``°; SHOPPE (Linda & Mike Sipes) and THE RIVER- BOX SIDE INN (Larry Kinley). Soldotna, AK 99669 Representative of the vial - tor centers regional role; door prizes were a raft trip Sweeney s Ctotitin :.;. 9 ' ` fortwo from ALASKA.RIV•. _ ER COMPANY won by u,. <�35093 -S ur Highway;';:" Dave Car and a Peter- Soldotna; AK 99Hf3g .' son Bay trip for two from Homer's RAINBOW ..:. TOURS won by Barbara NOMW Jewell. Thank you every* L J login �**JJ4jj� 4 'E f f µ I .. Soldotna Chamber Board Actions 1. Appointed Freddie Billingslea and Paul Gray to the newly formed The- ater Advisory Board. The twelve member Board comprised of appoin- tees from the three central peninsula chambers, user groups and school officials will serve in an advisory capacity to school administra- tors regarding policy and operations. Gordon Griffin, Theaters Manag- er will serve as staff coordinator. 2. Approved a new two year lease for the Bingo Hall with Superstruc- tures, owned by Barbara and Dick Ruckman. 3. Appointed John Vaughan to the Board of Directors to fill Sharon Moock's unexpired term one for making this a spe- cial celebration marking the centers first season. The evening was co- sponsored by your Cham- ber and the City of Sol- dotna. Kenai Peninsula col- lege hosts the next After Hours this Thursday, September 1 at 7.00 PM, The Show Case Perform- ers will entertain. Join us for a good time and a glimpse of "campus life" Wonder what Ginger Stef- fy has in mind for a door prize?? Remember to de- posit you business Card for the drawing. Football Anyone? While the Soldotna Stars, Kenai Kards and Ni- kiski Bulldogs prepare for i this years conference challenge another team or two has been hitting the turf for practice. Yes, the Peninsula Enforcers and Educators will meet head on in the 4th annual Wheezer Bowl, Sunday, September 18 at 2:00 PM at Soldotna High School, (Previous plans to play at Kenai Central or Nikiski have been changed due to the condition of the playing fields). The Wheezer Bowl is more than just an excuse for some over age football players (or cheerleaders) to come out and play foot- ball. Each player has a sincere desire to take part In a quality community event that helps our youth. Through the ef- forts of the players, spon- sors, advertisers and foot- ball fans the Wheezer' Bowl has become an ab- solute success that pro- vides College opportunity to students from all local high schools. Co- sponsored by the Kenai Chapter of Alaska Police Officers Association and the Kenai Peninsula Teachers Association: the Soldotna, Kenai and North Peninsula Cham- bers assist by selling ad- vertising for the game pro- gram. If you haven't been contacted yet and want to be included in this sports season program, contact your Chamber Office to- day. Advertising rates are very reasonable and it helps the kids with schol- arships. Recruits Needed The Beautification Committee is hoping to recruit new members. Chairman Mark Allen re- signed recently due to the press of business and personal commitments leaving the group without a leader. Regular mem- bers now hope to con- vince others to join in the effort. Betty Harris (long time committee worker) says "we're tired and need new blood to help with the committees pro- grams." Annually, the - committee puts together the Beautification Contest and Clean Up Day. A Christmas decoration con- test is being considered, "if we can find interested people to help launch this one", said Harris. First. the agenda is defining goals and programs. The group is currently meet- ing weekly at Mykel's Inn at 7:00 am Tuesdays. In these economic hard times we all have extra re- sponsbilities at our busi- nesses or jobs. When ex- pressing Interest or vol- unteering, let the commit- tee know your limits. Pro- grams are being de- signed to meet realistic goals. "A Taste of Homer" "Come on down" says Eileen Becker, Pro- gram Chairman for Homer �— Chamber of Commerce. t_ Twenty five area restau- rants have rented booth space in the Homer High School Commons area for this food extravaganza. Bring a hearty appetite ready to sample the cui- sine of Kachemak Bay. There'll be door prizes, the Alaska Air Command Band and food, food, food. Saturday, Septem- ber 17 from 4-8 PM; $1.00 for adults; children free to get through -the door. Nominal charge each booth for sampler servings. King Salmon n Displray - 91 Ibs 4 0z of king salmon now occupies a special comer of the Ke- nai Peninsula Visitor infor- mation Center. Jim Luton 1 I •r: r 1" tackled this one in on July 7, 1987 to take the largest king for the sea- son. Mr. Luton has gra- ciously placed the dis- play on ban and our visi- tors really appreciate the close up look at the giants spawned right hereon the Kenai. Jim Is employed by SOUTH- CENTRAL AIRLINE. Convention/ Conference Bids Alaska State Cham- ber of Commerce here we come or is It here you come? If Bob Wil- liams and Val Edmund - son have anything to say about it: we could be hosting the State Chambers 1990 confer- ence here on the Cen- iral Peninsula. Presi- dent Val has been elected to serve as Sol- dotna's representative on the State Chamber Board of Directors and with those duties will at- tend the State Chamber of Commerce meetings in Sitka. October 6.7 were the conference bid will be made. Bob Williams, CHEVRON Manager and ASCC Board member along with Sue Carter repre- sent Kenai on the con- ference steering com- mittee. Fantastic ideas have flowed from this group - we are giving it our best shot. Soldotna City Man- ager Rich Underkofler is leading preparations for the 1989 Alaska Munici- pal League Conference bid. for November. GREATER SOLDOTNA CHAMBER OF COMMERCE PO BOX 236 Soldotna, AK 99669 Working cooperatively, both City Councils have approved the proposal and its now up to AML's Board of Directors. Kenai and Soldot- na's total guest rooms count meets these con- ference specifications. "Shoulder season" con- ventions are one major means of stimulating lo- cal economy and ex- tending our visitor in- dustry season. The beautiful Kenai Penin- sula offers the same unique setting for visi- tors year-round - we continue to extend the Invitation wholehearted- ly. "Good Luck Sue" Sue Carter, Execu- tive Director of the Ke- Mayor John iJilliams City of Kenai 210 Fidalgo Kenai, AK 99611 Board of Directors President President Elect Vice President Treasurer Secretary Executive Director Valerie Edmundson Philip Turkington Philip Turkington John Vaughn Jan Moore Paul Miller Cave Hutchings Betty Harris Paul Gray Mavis Blazy Kathy Scott nai Chamber of Com- merce recently resigned her position after five and half years at the helm. Sue Is a many tal- ented Individual and even though she pro- fesses to be retiring, we look forward to seeing her still Involved. This Chamber Is appreciative of the assistance and guidance her years of experience have brought to us. Thank you for your willingness to help. Hopefully we can recipocate by lend- ing assistance to the new Chamber Director as he or she embark on their career. Sue, thanks for you contribu- tions to us, to Kenai and to the Peninsula and BEST WISHES in your new endeavors. BULK RATE U.S. Postage Paid PAID Permit No 8 Soldotna, AK 99669 Committees Beautification Merchants Visitor Industry Special -Events. Finance Legislative Affairs Education Nominating Memberships Chamber Office PHONE 262.9814 C N 11 � i .V /N'FO 4a, TO DO LIST SEPTEMBER 7, 1988 1 - T. Rogers - Research R/V parks in residential areas. 2 - B. Eldridge (Harbor Comm) - Report to Council on 9-23-88 Ports of Alaska meeting 3 - B. Brighton - Check on businesses in Angler, Beaver Creek area for violations, conditional use permits 4 - J. Ruotsala - Verbatim of D-8, Task Force 5 - J. Williams - Send letter to Chamber of Commerce re/their share of Kenai River viewing Area project 6 - Harbor Coma - Recommend appointment for Kenai River Management Area Board 7 - Airport Comm - Review Airport terminal renovation, report for 9-21-88 meeting 8 - B. Brighton - Check on aircraft maintenance building in Anchorage - thermal package, original cost 9 - J. Ruotsala - Proclamation for schools 10 - J. Ruotsala - Proclamation for Ruby Coyle 11 - J. Williams - Memo to Comm/Comm re\necessity of monthly meetings jr ff i ti ,u i� ri r � .,�IK KENAII PEHIPAPIRM. A IP.1CROUGH 'E1 A IM N. 611jKLEY • SOLOOINA. ALASKA "- %9 PHONE 19071262.4441 g 011/; .•• c t 0 ��� r24,L. REGULAR ASSEMBLY MEETING BOROUGH ADMINISTRATION BUILDING SOLDOTNA. ALASKA -AGENDA-- SEPTEMBER 20t 1988- ---7:30 P.M. A. CALL TO ORDER MAYOR B. PLEDGE OF ALLEGIANCE DON GILMAN C. INVOCATION: Rev. Wl11Lm Wdte, Komi (March of God D. ROLL CALL ASSEMBLY E. VACANCY DESIGNATION. OR SEATING OF ASPBNBLYMEMBERS Brown Caev P F. APPROVAL Of MINUTES: September 6, 1988 Crawford Glick Nodgsn$ G. COM(ITTEE REPORTS Keene McGiAan (a) Finance (Crawford, Carey. Glick, Keene, McLane O'Connell, Moock, Nash) Moocr ' (b) Local Affairs/Legislative (Skogstad, Click, Mullen McGahan, Mullen, O'Connell. Phillips) Nash (a) Public Works/Education (McLane. Brown, Nodgins, O'Connell McGahan, Skogstad, Valli) Phillips Sewell H. MOTIONS TO RECONSIDER (none) skogslad wan I. AGENDA APPROVAL AND CONSENT AGENDA J. ORDINANCE HEARINGS (a) Ord. 88-30 "'Accepting and Appropriating a Grant ri om 5`5 State of Alaska for the Kenai Peninsula Borough Coastal Management Program" (Mayor) (b) Ord. 88-31 "Accepting and Appropriating Grants srom'tue 3t&to of Alaska for Implementation of a Hazard Mitigation Strategy for the Seward Area" (Mayor) (c) Ord. 88.33 "A propriating Funds for the Waste osT�omm Established by Ordinance sQi a$ion 88-7 (Revised)" (Nash) (d) Ord. 88-35 "Amending the Borough Code of Ordi- nano-- es'6y"Adding a New Chapter, foreat_and Timber Resources" (Local Affairs Cmte.) Ord. 88-35(SBS)- "Repealing KPB 17.60 Forest ana-Timuer Resources and Reenacting as 17.50 Forest Management" (Local Affairs Cmte.) f. t. �s K. L. M. N. F INTRODUCTION OF ORDIIIANCES (a) Ord. 08-39 "Adf►liring n Cirnrtnunity 11ne Plan for R511A1 PaMnsula Poreugh Lynda in the Area of } Sunrise" (Mayor) (b) Ord. 88-40 "Revising the Sales Tax Ordinance" a ee ax Cmte.) (c) Ord. 88-41 "Appropriating $40.000 to the Plan- ( � n"3ngg Uapsrtment for Feasibility Studies of Port Fee ilitLos in the Port Graham. Area" (Crawford) CONSIDERATION OF RESOLUTIONS (a) Res. 88-73 "Authorizing a Borough Forest Man- ' at event greement Between the State of Alaska. D vision of Forestry and the Kenai Peninsula : Borough for Assistance in the Disposal of Sale - -- - -- ---= of Forest Products from Borough Lands" (Mayor) POSTPONED TO 9/20 (b) Res. 88-78 "Adopting the Kenai Peninsula Borough ores( esource Management Plan" (Local Affairs) (c) Res. 88-79 "Authorizing the Sale of the Borough's urp us angible Property" (Mayor) PENDING LEGISLATION (This item lists legislation.which will be addtessed- at a later time as noted) (a) Ord. 88-27(Revised) "Amending KPB Title 21 to Add a New Chapter 200 Pertaining to the Burial. Dumping, Transporting, Storage Incineration. or Other Disposal of Potentially Harmful. Toxic or Hazardous Waste Materials. and Amending KPB 10.10 Pertaining to the Waste Disposal Coamis- sion" (Nash) REFERRED TO P-C./ASSM. TASK FORCE (b) Ord. 88-36 "Amending KPB 2.40.010 of the Plan- 1 ning Commission Chapter of the Borough Code for Technical Compliance with Alaska Statute Title 29 Provisions' (Mayor) (e) Ord. 88-37 "Appropriating $60.000 for the Purchase of Surgical Lazer Equipment at the Central Kenai Peninsula Hospital" (Mayor, Req. CPGHSA Board) (d) Ord. 88-38 "Authorizing the Receipt of a Grant from the Alaska Department of Public Safety and Appropriating $4,500 to the Nikiski Fire Depart- ment"(Mayor) j (e) Res. 88-66 "Opposing the Establishment of a Special Waste Site in the Nikiski Area (Brown Carey, Click. Hodgins. McGahan) TABLED 7/19/8i (f) Res. 88-74 "Trans ferrin 924,.663.17_from-tha Assembly Budget to the Planning Department I Budget to Provide Funds for Obtaining Techni- Cal.Service-and Assistance far-Evalustion-of f - - -- - -- -- - -- Alaska Department of Environmental Conservation Permit Applications or Other Applications Which - Come to the Borough for Comment or Action"(Mullen) POSTPONED TO 10/11 FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA LIN r-- ;.i 1 j. F O. PUBLIC COMMENTS AND PUBLIC PRBSF.uPATIONS P. MAYOR'S REPORT Q. OTHER BUSINESS (a) Apppproval of Election Boards for the Regular 1988 Borough Election R. ASSEMBLY AND MAYOR'S C"ENTS S. INFORMATIONAL MATERIALS AND REPORTS (a) Revenue and Expenditure Report T. NOTICE OF NEXT MEETING AND ADJOURNMENT (October 11, 1986) KENAI PENINSULA BOROUGH ASSEMBLY COMMITTEES. SEPTEMBER 20. 1988 STANDING COMMITTEES: FINANCE $:00 P.M. owns airs Conf. Rm. A John Crawford, Chairman Pat O'Connell Sharon Moock Phil Nash David Carey Betty Glick Brantley Keens LOCAL AFFAIRS/LEGISLATIVE 4s00 P.M. Downstairs Cont. mR . ! Jim Skogstad. Chairman Pat O'Connell Gail Phillips Frank Mullen Betty Glick Karen McGshan PUBLIC WORKS/EDUCATION 4:30 P.M. Downstairs Cont. Room B Sam McLane, Chairman Jim Skogetad Karen McGehan Jack Brown Marie Valli Mark Hodgins TEMPORARY OR OTHER: Alaska Coastal Policy Cncl. John Crawford, Assm. Rep. Cook Inlet Aquaculture Assn i'8rentley Keene, Assm. Rep. Data Processingg Steering Cm Mark Hodgins, Asam. Rep. Kenai Caucus Betty Glick. Assm. Rep. Kenai Peninsula College Bd. David Carey, Assm. Rep. Economic Development Dist. Mark Nodgins. Sam McLane, Assembly Reps. The public is invited to attend and address committee - meetAnge. Petitions received by the Clerk's Office will not be duplicated in the packet, but will be available in the Clerk's Office during regular office hours or at rise Clerk's desk during Assembly Meetings. for review. X i Borough Clerk Kenai Peninsula Borough, + ! 144 N.'Binkiey t Suldoina, Alaska 99669 Janet 11m1m, Clerk City of Kenai 210 Fidalgo St. Kenai, AK 99611 3m w 1 it �1 1 1 fi r, , XN P0- 6 of Alaska ...............Trainin�i Bulletin .............. HelleopterSurvival GOVERNOR VISITS FIRE GROUNDS SCh00IP109nes9 More and more inmost is bolas having • professionalain sonersAt the invitstion of the Un1vm by Using which simulate oil field g Prow helkopter suirvfyal school available in halim to and tha Chy of Kenai. Governor Steve apparws, participants we able to the state. Recently, late Alaskan CowporvlsiudtheFirsTaininsFaen- extinsulsheontrolledf resusing moth- Airman's Association suggested that ity to observe a fin training session. ads and equipment applicable to their the proposed fsalliry could easily be Mtegovemorobserredamajortnining Individual eompaayspecifications. adsptsd to fitted•wiag ditching sad evolutioninvolvbngsisrgagswnaefire Planning for anawlocatlonfor the water survival which wouwvadyin. camplicated by a Was propene leak Fire Trdnins Grounds is now under- eroam the utility of the facility for the and five simulated casualties. Student way. The present facility's smell size Alaskan avistor. tiretemlaaderaorpniudthesuppre:• end the encroaching residential sub. Exhaustive discussions have m. lion offers. rescued the casualties and division have necessitated the move. peatedly demanded than any facility extinguldwd the fire with dry -then Tim new site is expected to awe up to must be designed with the ultmate in wheeled unit. water Unix and foam. 1000 fire fighters during the training personnel sdety in mbtd. While any TPA UAA firesiowWs. loested season. - "Aide training experience carries s near Komi PonirsulaColloge, has bean Governor Cowper talked with duo degree of risk proportionate to the sc- to site of Fire Suppression Tmining students about rho need for this typo of test wemado, it is of rho utmost impor- sbrce1977. Classes, which serve pri- training. and tavaluatothe smfttas uncothatnotnininsexporiencoexpose msrily the petroleum industry, we wall as the ststa Kenai Mayor John L traineesto uaaocessaryrisk. Th e r e- saiieMM to be conducted this season Williams accompanied the governor fore, do training subcommittee has through November. The current wit- and obborated on the contribution the electednottoconsidermake•shitttnin- ing season, which begun in late Apt schoolmakestothaPeninsulaeconomy log sbmhlsron in uncontrolled Battings. had trained 432 participants by the tint through rho employment it generates. Here, the experience of the US Navy in weds in August. This is a 300% In- training several huMred thousand serv- cresse ova the 141 pantieipun during iceman is wen worth considering. Cur - the some time period last you. As wen as training die employers Well Control Simulator ront plans are to emulate the Navy's facility and mode of operation to We of local companies. the program has Hostage In Supreme greatest extent possible also served this soswn Alyeska Pipe - line Service Company, State of Alaska COuft Firefighters. and seamen aboard tank- Tho purchase of a now sate -of - an oparated by Marathon LNG Marino rho -ors well control Simulator is still DlvWW OpencomllmonttireSchools wuowivad. mob wadable the instruction to any The caw is now in die Alaska party wishing m loam the sMIb and SupromoCuurtandtodatehasnotbeen safety of this emergency response scheduled for a hearing. University opestion. anomay and purchasing officials am bstauaton Is divided Men clsu- unable to pradlct when a rosotutlon room lecture and praeteal experience. could be forthcoming. Main Office 155 SmithwAy. Butte 104 SoldoM% Alasits 99M (807) 282.2788 Anchorage 011ice 4050 I.eM OW, Suite 100 Anchorage, Mesita 99M (907) GM098 �1 r— t U SHF° - ? CITY OF KE__ .. ""Od 0421014W 0i IWPMM WRINALASKA • No" PHMM-1816 CITY OF KENAI BACKGROUND AND PERSONAL DATATEES ANDCOMISCANDIDATES FOR APPOINTMENT TO NS NAME C. ff Resident of City of Kenai?{ . Now long?--J,1�--j Mailing Address PO 7 8 .23 Tel. �� 7 - y < vo Bus. Address IFG o/ BX t Presently employed by 1. y H d • %� T �►^sue•..- t - Job Title 04/r < e 4 � Nome of Spouse Current Membership in orgonizationes ti! ens e Past organizational memberships Comoitteeis interested ins $ gne ure a� SEP1988 -�� 0 1roo ....w�ED W r.1v CLW 11-4 ":9P•""s ;:p:S x^�.,•4,G-;�•�,�a•• ,:,y�;*�;�t... ,: e..«?+rF�w .. ;:', � _ 07 t 'w f.y a I. , F r- (7) . A _o Gateway Operating PO Box 459 Kenai, Ak. 99611 City Council approves 20 yearSMIC lease to Seward Ships�� Chandlery Monday night app, � Ne u.. unW A„g, 1991 to Center as � �}' coatrna a permanent mv. Should 1° • Jamas >irnttt e mew of Se�rard end baUding apable of sarytorMr.Prpi t�o�t Ship ChaatOery for nearly ! of Me &WWa length. veesels of300 tcet ids pu, the Mund hasi M�eeWo � dnumW C �►i!! o� a e� � rW of Bret (' �° �enZ I&r Viand ataw � �° north of hisbased man m rb tea umil Paym H g� ° d Marketing �' 3eevud 1Vi e � p� � dMI Under ado brad to Lava is o�by iitkk kaaeterm+tWe Ayb 31, N& a astes a +�eement cnimi- a local oPQ*a a andtrams =oci trada8 � t by tuba dty �o p � business back. VON, and Ware a tenant for the Se• tnU•time e �. ward Marian Indwttial (tom Cp 1�3 L i i .�j a i- f i r New fish facility proposed ... . (condnued jnom ppaages I) Fisberin "will create a where the pie is sliced thin- , boats" sad aatidpatea to eompleto fish proeessiag set for Seward. The piais 11 purchase SIO million of raw and freezing facility with made bigger. There are fisheries product. Support facilities for fisher- three major canneries in 4 VAJOIIbNaSi •Tbvnft ftlember 8, 1981 If the I b ap• men, employees, transpor- Valda4fourinCordova,but 1 b 996fi4 Pricer SO emta eedd,, it would third tatio4 and admWatration." only one is Seward. The q�rpanslon of a fish process- "phase n will be built on proposed operation would • • IMplantinthearea.Seward the famah 20 awes oat probably enly draw ten to stet Fisheries �e� and Seward Ma- leased land. Conatruetion twgntyperantofitSaaimon fine Services bane ahresdy would be act to begin no from t e already eTdatinS proposes facility 6011, ced plans a expand later than August I .but oparadMw is Seward. The ; their pimat opentiosS by could oommesoe as carry u babtnce Mould Dome front � nest year's seasom. the fan of IN& Mea of the the share of the other tows i cross the bay Ygsterdy the Sewed $i.S million budgeted for isPrince William 3onnd.ta TndeandCommereeAdvi- the development of the the halibut fishery. many p Uetdw phase one, my ew4 a' Council ap. salmon cannery will be fishefinen choose to deliver �>1llatchtiri pointed body dedicated to speatduriogtbefirstyearof to Homer 'or Kodiak bo- DO IsldFisrheries would be mpanding a local eon• conaructtoa." canna of the grater level of A 52.7 million lids pros required to spend at leaar aomkbase. met is a specid The prow�l1 also add competition prevalent at Plot la b* Pro' $1.2miWonbys"Maysmc work session to develop there would"berefdprated theca delivery locations. tw as 45 acres of city phase o "trill be tha ful recommendation to pro -stamp tanks, few coning. leagued competition In weed land at the Sward developmew of a salmof Coning plot' lariaoladcWfialCantw. " the formi eat to Council. Una (I tall. 2 half -pound the CkydSewardwMdraw The Cary Couae3l will oropoaal antes. One of tha conditions of and I grouter pound), ra sawyestraboatstbat ether. otaiderthe proposal from _ The plant 4 expected It �e ProP°W � � Inlet torts. cooling area. storage wlsemigbtchoosecodeliver stet Pisherles, lag. of arena Z and a Ices i�itheries willbe required to facility and a warehouse. halibut is Homer or KO. OW � "low payroll of l.f million. provide gmP � "der- During the first yew of disk." ro a _ ed. is the propoW dater ins the preceding twain operation, Inlet Fkbedcs Inlet hj askbcg for • SO Oates, the 7uw6, the plant would baw months at a level equal to espeets to purchase $4 mil- year lease on 2,S acres with 0MaeisaMarkeftod "tisbiagsupport wrvlasfoi 60AM man-bom." nos worth of product, $6 an option on an additional _fevoloprnent Director, the a fleet of mare than 6t For each $0,000 spent million the second ar and 2.0 awes. ondrikdon win be in two (see FISHERY. pager 14, on capital Improvements, $10 millios bytbe t rd year Inlet would but to de- theeompanywWbeentided ofpetation. veloptbeacrageorloSethe to a credit of one moutWe Inlet says they will have k.aae. "The lease is sal[ feat. 4S0 worker on the opera destructive. V they don't do The land will be leased at tion by the third yew. who they Say thayn do. fair market value. The proposal states, they'll lose it," uld Mr. Under phase one, Inlet "This Is not a situation Oaten. L It ell owe •CITY 4F SEWARD • � .�N � ' / 0 ro wx'a • Harbor (907) 224.3138 SEWARD, ALASKA 996" • Fire (907) 224.3445 y • Tefecopier (907) 234-3248 September 13, 1988 THE HONORABLE JOHN .T. WILLXAMS MAYOR, CITY OF KENAI :. 210 Fidalgo Kenai, AK 99611. FISHERIES BUSINESS TAX REVENUE At its meeting of September 12, 1988, the Seward City Council passed gesoiution ffgg jM supporting legislation providing for a more equitable distribution of the -fisheries business tax revenue refunded by*the state to local governments. Enclosed is a copy for your information. Thank you. Sincerely, THE CITY OF SEWARD Patricia J. Jones _ Administrative Secretary Office of the City Clerk Enclosure: geso3.utio . No. ^ 88-105 'I ss .• 'r.. _.1 r.a".:.i�!rl.j.3`$!'fv'.! q�Yt•.'•E$,C,►N.? �!I?A7, 1i4.-.-..a!+.'.'!:!�I�L'b:!?`r�'_•.!k1F.17.G!L'�?i+'�'.+.ufiS<.a' ns•.+,�.v�ev .. .. -- a 'F ;: . i ■ Sponsored by: SchaefermeXer CITY OF SEWARD, ALASKA RESOLUTION NO. 88-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF, SEWARD, ALASKA, SUPPORTING LEGISLATION PROVIDING FOR A MORE EQUITABLE DISTRIBUTION OF THE FISHERIES BUSINESS TAX REVENUE REFUNDED BY THE STATE TO LOCAL GOVERNMENTS WHEREAS, AS 43.75.130(a)(2) provides that each city located within a borough shall receive twenty-five. percent (25Z) of the tax revenue collected in the city from taxes levied by the fisheries business taxi and WHEREAS, the fisheries business tax was levied to provide funds to enhance and perpetuate one of Alaska's largest renewable resource industries for the benefit of all Alaskanal and WHEREAS, cities provide virtually all the public services to the fishery processors located within their limiter i.e. watery sewer, police and fire protections and WHEREAS, since the borough is the recipient of the entire local portion of the tax if the processor in located outside the city, it would seem fair that if the processor is located within the city that the city should be the recipient of the entire local share of the taxi NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD 9 ALUM, that i Section 1. The Alaska State Legislature is strongly urged to ME ce legislation amending AS 43.75.130 to provide a full fifty percent 50z) share of the fisheries business tax to be distributed to local governments located within boroughs. Section 2. Copies of this resolution shall be forward- ed to he Honorable Representative Bette Cato, the Honorable Senator Jaluar Kerttula, the Honorable Senator Nike Szyman ski and the Honorable Mayors of the cities located within the Kenai Peninsula Borough. Secti6n 3. This resolution shall take effect immedi- ately upon ItFadoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALASKA-, this I - day of -September _19-68 SEWARD 2 IN CITY OF SEWARD, ALASKA ! C" RESOLUTION N0. 88-105_ •. ,,� j THE CITY OF SEWARD. ALASKA AYES = DUNEAN, GIESELLR, HILTON, NEEBM, MOLL, O'BRIEN i SIMUTIS NOES: NONE ABSENT_ s NONE ABSTAINS NONE ATTESTS APPROVED AS TO FORMS HUGHES, THORSNESS, GANTZ, -- -- POWELL 6 BRUNDIN, Attorneyys '. for the City of Seward, AK _ C ty O&Z City Att rneyeon (City Seal) U _2_ !rilY.I.�,1+Rf?+r�+.,.f�+,Yl'r�Y: �li�+M. _•'l.',.�••V•�n:Y•tH V_"•'�C'••••:^'�.r.J'.L^1-rt�1w� i Vmo A Nelson & Associates STRt J�lVr6 ` ! / S ROAt_GO. SUITE M4 KENAi. ALASKA SSBII . 7 September 14, 1988 Keith Kornelis " ; •' �.�`1' �•'i: 1. Ez•v;,. Director of Public Works City of Kenai 210 Fidalgo Kenai, Alaska 99611 Re: Kenai Float Plane Facility - Pay Estimate No. 6 Dear Keith, Attached is Pay Estimate No. 6 for the Kenai Float Plane Facility. The Contractor is approximately 95% complete at this time and is sporadicly working on fencing, topsoil, seeding, fertilization and placement of parking bumpers. We have reduced our inspection effort accordingly. The cut off date for seeding has passed, however the Contractor is proceeding with seedings along portions of Float Plane Road at his risk. Payment for topsoil and seeding those areas seeded after September 1 is being withheld at this time. Our current projection is that the contract will underrun by approximately 3%. This is primarily due to reduced quantities of excavation required on the Basic Bid compared to project estimated quantities.. Per your request we are currently negotiating a change order with the Contractor to provide 6" gravel surfacing for the maintenance road, construct a segmented circle and wind cone and repair.the fence from lot Avenue (M/L) to 4th Avenue. Sincerely, WM. J. NEL ON & ASSOCIATES W J. Nelson, PE � a i' H FOR 66LMIL MLEM.3 OF- .. Lj (;icy Mir•------U Attoruuy .%&—tANI i, Waits —r j City 61etk . Dg FiRtl;ic1l , i Q r._�% 8110blai To--.1 = Subndtutl By � OitplMl QK []Ns UYM -•--• tt 111 tr• - - r 1987 FLOAT °L11NE FACILITY UPROVEMENTS KFI,_i PIUNICTPAL AIRPORT } :•, ^._ j N 0: P. A Y ESTIMATE CERTIFICATION OF CONTRACTOR _..� Atesrollap to the best of my knonledgo and belie(, 1 cattily that all hrrns and amounts shown on the (ace of thin Periodic Estimate let Paltial Parma Re ate earreeti that all work has been pac(ormed anJ!or material supplied in (oil ace ordall;v wit it ties requirements - o! the releteeteaJ Contract. andeor duly avthttriseJ Joviatipne, substiturinnv, ahcratiwu, :gnj'loI a.t.lhious; that the (oropoinit is s trus and cars statement of the ennuaet account top sn and intruding the lane .lay n! Ihv pvrio.l sneered by thin 1'vessldic Eatilnasei that no pare of the '•Ilalance put This I►aymont" has bva11 teecivrd. and that she undersigned and Isis subconuaecurs have-tCneta ,i ..pp'+rasl• rr..•I a. �s Compiled with all the labor provisions of said contract. b. ,� ComplicJ with all the labor provisions of said a onsroci cscept in these instaeces where an honest Jisrute exists with it- apves to aaiJ labor provisions. its (III rr shrewd, describe s•rr.trr e•turr •1 dispute.) r� c C , 'C c rt y s c UI. L1� ,. (Cunuaeeq p{1�numr 1 Atlthot ea Nopep.- ula ivr0 Title ,id 1 .. sass.. ... . �...... �'� CERTIFICATION OF ARCHITECT OR ENGINEER 1 testily Ihal 1 have ehvekud and vvrifivJ the abllvc and imreuinc 114:6-Wic 0.611iaev jet llartial lo.tyr crou. that u►thr boss of my knowivd!:� anJ bvlivi it i% a tour AftJ rarrcct malrment 4.1,%v vk pvtiarmv.l .1"Volt 111.ttetlal supplied) fly the euuera:ulr. shag all walk and vt material ineluJvl u► this Ps•rltttie K•tinmis: Isar ttven In.preet.l by mr an.l ter he my Just .tuthori: vJ n•ptenvnt.ulvv tot au►i•slant% and that to ha. liven pvllurmvd an.l'or hupplird in lull ./:sentence ttilh rcliuilemcm. td she ortvlrnee edntta:t; ant that penis' raymvnl vlainlv.l ant evqut•sevd by thv eanlraetur 6 eutttetly eanst•ul-I tm Ihv (MMs- oil avtvlt pvn11r1ntJ -111.1'vr mate• liar .upplsvd to slaty. 00 Ms? rAlvhtlrtl sI vu{u1rv1) male 84c- 4 / * l War PRE•PAYMEIIT CCRTIFICAT1,0I4 BY FIELD ENGINEER CAe. ■ repo ..I pntnu•ol ♦stepped: 1 have tht.kv.t 111i. v+Ilm.str ae.sio•1 tilt ea+nttaet.v'. SI luv!nl,• el Animists. for C.alttitel t'.wrr•I•IIr., she naa•..110 tvpvrt% all my • •• In.lt-ou•n. el Ilse prlllttt. ant Ou (r•t1.1a4 It t'•'rt- "t•1:1111t•.s !'v its•• .11.Istlt s I a Ilvllu•s r. h V. We .T6111011 111.11 the .I.IIWnrQI 1+1 'A.ar• r0l,•tJrt 1 .Ina a•► 0+.1tvt/.li• ut'i•Ilv.l it aeetttaly. lusts she .rulraet.•r 1♦ .•i•.et:Io. son trtim10114-nl..•I she rduit.t:I../nJ snot tsm ►►lnuaeAle .hu111.1 Pe i•,Iai nsv aul.ntnt 11•411101vJ abort. r I .1ltl)t..lt.,ll alas ++•'t� 411d ..t 11:.114,103:. u11.11 t iln aenaa.1 1;.6.: a. to In.l•t ail .i 1.1 Inv .1 is I II...1 II a I. !•S..•II 1:.r.1 .11t i .•I .up. •� i•iN .1 In It.sl 41i ut.tdll:y Nttit tnr rrgn 1 414 OF 1V/oast ►h.•Ih«r11 .....JtIP/allot 10%t•.e _ _... »..�.. ` . • 1!.1n11 a: 1•ht 1'l H: r•• It Ilse rr„ t i .. r{ r h •ter -v • -.,�� 1", _.., i. •,_... . _�.. ._ -.._. , �.�.�._..... <.'. 1. 4i...:.t`_�....:_S•'r.:•.�:�,..t'��'h...:,.ab:tra ... r.•;: •, i;n��...: niY.».:1`.C«;T.:...: i4,{EY.�'..�..':i4�: ;!_. .tJ' 14.v:..:d•n.... .r CCP L, Wm J. Nelson & Associates STRU=r- N PO I A ►: 815RICIALGO, SUITE B04 KENAI, ALASKA 99811 i September 14, 1988 Keith Kornelis Director of Public Works City of Kenai 210 Fidalgo Kenai, Alaska 99611 Res Cohoe/Coral - Final Pay Estimate / Project Close Out Dear Keith, Attached is the final pay estimate (PE o2) and the three project close out forms (sheets U-1, V-1, W-1) for the Cohoe Avenue and Coral Street Improvement Project. The contractor was substantially complete as of the August 24, 1986 contract completion date and has subsequently finished the punch list items noted on our August,10, Igoe inspection with the exception of placement of rock at three locations on the project. The Contractor has verbally assured me that this work will be accomplished by Monday, September 19. I therefore recommend payment of the contract in full, less the 2 percent retainage per contract. You will note that the project was completed without change orders and that there was a cost underrun of $210092.38 or 8.7%. This savings was due primarily to the reduction in the amount of excavation. necessary to remove unsuitable materials from Coral Street and the consequent reduction in the amount of Type III Fill required to bring the road back up to subgrade elevations. In general, the project went as planned with the exception that some driveway approaches and culvert locations were changed. We are currently working on the as -built drawing and will be submitting them to you shortly. Sincerely,- - WM. J.,-NELSON & ASSOCIATES f. Nelson, PE At r• f: L -•.-C] icy Nor. --a Atoml .(APuttle K'olks -,-U cnr curt Fb� a —•� !I—igliw`I Ta� Submlllttl Cr--�.r<: l bN►al Ylt pas DrM -- 69- 7 -- - ' — -! II . }..... ..... ..'. ._.-a. .-....... .��a..�.w.w-.....a,.E ..✓.....� ..iya.w.r_•.o.::.-:�:..Sa'••-+•:.e:.,vrl _ _.f�. �.rL.-bacW.'+tii-:.s►._r 3 ♦ • Y .7Jr, Page 1 of B i �- PAY ESTIMATE . NO:�,��.j 5 CITY OF KENAI Project _Coh5?,Ave,& Coral St. Contractor Zubeck, Inc. Address 7993 Kenai Spur Hwy. Kenai. AK 99611 Project No. 871 2 Phone 283-3991 Period -Prom -� to Y� ;;,:�'.ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Q Original contract amount sza���se_ao ✓ ; U2 Net change by change orders, $ . ✓ Q Adjusted contract amount to date 4397So St) ✓ ANALYSIS OF WORK CO11PLETED Original contract work completed _2Z2<vSB Z- ✓ __ _SS Additions from change orders completed Materials stored at close of period $- _ h 7 Total earned 40+05 +O• Z Z2,�? ✓ : _ 8 Less rotainage of 0a percent _lo ✓ 9 Total earned less rotainago( - 3 Z�p�/ `` '.r Loss amount of previous payments ------ - - 1 Balance duo this payment /07 - f FOR COMIL Mt bl?.3 uF... 4/h, + pTy u tla Works -:�13 CRY Ckm Page PAY ESTIMATE NO. • ' Y �j ii;' CERTIPICA� TIO'N 0� CONTIIACTOR ••�:•�� = �,d! q �. ACCwdiell to the best of or knowiedp and belief. ) certify thee all items and smooths sbawel'iak The beer M this 1AfeiedlR iratiflaga" The for Pst Ili, Parmfal an eorcagti,tbat all wwk hat Mon pofformed sail or mssetial in - supplied fell with oils tgllinfsstlts of the referenced Conllaet. •ad•w duly authwised deviationse substitutions, allegations, andJw mullion$$ shot the fftoplas is a $IYe and ewfeet etaNmeM of be contract account vp to and inelealinll the lase day of eM /fflfd swegad by This Ptrifdif Rftinlftfl ':' + — that so purr of the Osbntf Due This Payment has been resolved, and that the rndefaijaed and his subeesIoafsaw havf"(Casoa 11PpfbaN. 1111�) A — — A. Complied with all the labor Previsions of said eonerset. le. C Complied wkb all the label previsions of said contract except in these instances where as honest dispute fsletf with ss• . epee$ to said Iaber provisions. (it sal le .*sear*. fese.lae Msells• wowoe of flea•/•.) { by lCvslraaa/ 1Nemsew el AMbti baresvlltn/w) R .lgjW. Title Iffiq 11" UPS tiateartp.�. .. CERTIFICATION OR ARCHITECT OR ENGINEER e . , �.••' :', ;'<. , t 1 gawkily that I have ellvekad and valiflej tba above and ferepe(pp P*Iiafir Eatiwaty for 16.6 ohm to the Was A for knowlad balivl Is is r and a Iowa and Voltage sialcolwat of wsok refiWord And%M s alvrial suPrull by ohw cdatuctort that all w.nh Ina. us matrfiai ineladVJ in this forts dic Hssiinate has bern InIllwelvel hot ow and M Its, of Jwx authwiavJ tvpteeivauter!'at aaaittansw saJ that is hat. been pvteofmml anJ'I0 e.urplirJ in full acrorliAncv Nish rrgwitealwntw of the rrlVISMew Contracts and that panial raymvns clalmrd and rogVuo1WJ by 1hw contrartw ie culetetly compwevJ thv basis :i an of wktk pmllrmwJ aaVve marl tial wrplivJ to tv. , ' Illfsxll tM w r11e1MM1 e. �,, ; PR6•PAYMt11T CERTIFICATkON OY FIELD ENGINEER tarre fra+.11 PosraMp1 .oreflfHf •'• 1 hart• rha•el.rd fill% r.elmate aaaina Ihr cnnitaas f'• dt•Ix•theh• at 0IMM011. ho Centrarl 19araw•n►s. shot aitlw• and wpm of fey .t,' M�Ir�flwl. eN Ihr rrairves aws ohs 1wrol41k. Ivr.+It..W-Nellh•.i I•v thr at4:bllrrl ynplawr. 11 14 mot arinl.m that the .talemrat gal • '" ''�1 NNflc {'YN..fntr.l aua tit nlalrfMl► .w rl/rd h A'0411aty. 11141 Ihr t /•Inlavae 1. Allvwtanp Slow tvywifrmvnlx as the Vaatta.•I' lead that sled etslOACIVI 4IWYI.h be ral.l I�v am.wnt trytw%ted AN" W. , I.1kIlh% shall .6.1 aell, adJ'ttr "als-tfai• Wo.tiI the t/+ntra.I ha. 1• %01 111%1%%IVJ% my and $hat It bs. hmrn nn.ttawJ aM'w star. y rilt•J In lull at'cufdan.v Niels low tr4001t•W41111. oo few41tl1/a:f• , � I AAA, .. NW ► unrfl �Oatel- _- __ _ . L ' � �.Mq•PL1t1 lhltr�•. -—�itrt . t � t 4 e t ., t� t i. �ir i L �' f A Y -ESTIMATE N 0 Pa go *3 of 8, Project Cohoe Avenue &,Coral Street, Original Contract Am6unt. Totil to Date .Item Quantity Now Item Description and Unit Bid ' Tb'tal SCHEDULE BASIC BID Unit t Price Unit 'Cost Quantity Amount 0.02 Clearing & Grubbing L.S. 500-00 10 20.040 Usable Excavation 600 CY 1.9.0 0.1 1*140..00. .04( Unusable Excavation 0 .04 2 10300 CY 3.50 36,050.00 3.61.5 2, 4. ype Classified Fill & Backfill 2011 CY 7.00 )0 14.W-7.w :z t7 g77gb 10.05(2 Type III CrAss�f led Fill 6 Backfill 3921 CY 5.75 22tS45.73- I 0 .06 Leveling Course 544 SY 3.00 1,632100 5,04- 1143 t0. 07 Trench Excavation & Backfill 961 LF 6.00 66.010 5,76 .00 , 15- ill .09 Furnish Trench Backfill 150 CY 1.00 5 0 150.00 .7361R % 110 a 13 Disposal of Unsuitable or Suralus Ka riAlft CY- 2.00 30000 A 14 � Mechanical Compaction2.00 _U() 1961 LF I.M.00 9 110 0. 17 RemoVe Existing Side -walk 89 Ly. 1.00 0.18 Remove Existing Curb 6 Gutter 194 LF 3.00 -582.00 22- Construct Approach" 6 Be 125.00 750.00 -0.02(l P.C.C. Curb & Gutter Type 1 40 LF. 15.00 600.'00 -7 -9 Arco ji:� 0 0.0 .02(21 P.C.C. Valley Gutter 271 LF 22.00 5,962.00, 527 wow' 0603 0 0 P.C.C."o Sidewalk 39 BY 26.00 1#014.00 7.0 0.02 tjO.0'2: inch Thick AC Pavement t2ln 2 In- a r A A ew figAnnan 544 6-60e. A.06 Construct Catch Basin I Ea. 1,000.00 400040 00 16. Construct,open Ditch 250 LF 2.00 500*00 *7JS 92! 20 1 Install 15" ds 16 Ra Helical CHP Cu art 180 LV 13.00 0ma 2,7H 170 25 50 nsfall 18" dx 20 Furn. & 'I ... 1(613 I r.-nn Ian t-W .02 Furn. & InA1011 6" 60 -I .. .02 Furn. 6 Install S" 799 LV 20.00 ISA900,00-1- 806. . I CL52 DIP Utter main 0,03 Furn. & Install 6" W L NAVAtAr__ I Amount for This Page L (D $12.4,833.75 -I L.S. 6000 CY �_..-_..-. -__.� -^� -.1, �..Y'.'..-. :�..' ... .t._+.r /•Y� �: SLS.a.+Y., �'-+.r. •:�?`l.-+.....It.w �—r—.n«s-.... .r..,»�w:.ai'+..i-:..aGa:t�is�.J.K•o,y;1.w::.�..m:aci•�:7+"».i�l..l...:.:�,:-.f..w`1.r.w+a•..x.'.�.s.:::S._ilrtt�.l�;L'{:...J=,d .:,, ;• SPAY tSTI M ATE . N 0 page •4 of 8_ F ' Project Cohoe Avenue 6 Coral Street -Original Contract Amount Total to.Date; ri • Item Quantity No: Item Description and Unit Bid lUnit--C"lQuantity Total I 4: Unit Price Amount r 0.03' Furn. 6 Iastalh ell . 1. Gata Valve. Box 4 Market 0.04 Furn. 6 Inst. Single ;0.04(2 Furn. Al Inst. Hydrant 4 0.0E Connect -to Existing ' -ater plin.���� 0.19 Topsoil 0.20 Seeding 10.23 Insulation 10.25 Traffic Markings i .27'� Standard' Signs - t` " .02' .04(1 .04(2 Existing utilities in Conatruetion__Lone�- Mobilization and - Demobilization Furn. 6 Inst. 4" CL5% Furn. 6 Inst. 4" Gate 3/4" Water Service Ggnugetion TOTAL BASIC BID ADDITIVE ALTERNATE 110. 1 Clearing 6 Orubbing Usable Excavation Unusable Excavation Type I ClaOsiiied— Fill b 25 HSF 25 NSF 3840 BF r L.S. 30_�_. 4 Hours 2 600.00 • 1 0.00 525.00 3• 66.00 4650.-00 ( '.3.0 66.00 1965MO l.00 31840.00 1,630.00 25.00 100.00 VIA ki 500.00 WOO Au.- s .00 .00 o-nnn_nn a.na&aA --ALL 3.50 il,000.-009 2 7.00 7,297:OD lob I- _ ttt ctesss:aea 24 00645 0 .06 beveling Course 183 8Y 3.00 54940 1 83�v 5 SatO.i�mo}30__fnl" !L �.a r9 "" III _-.- -u._. r- � __ ••,�;.....�....s-..__"__�...�r,..... T..Ci.:.-.. .,.•.�.Luu-._. c:i�Q:.ti.L tiwia._. - .._:r:.1.......�`w�fn'v:a.(c:;iLSJ�'i�.i .c...i: �ax �'Go�.�. _ri"?l..i:w..L• ..r.J3r '�.....r i. • Yk . N0� .. ESTIMATE Page 'S of Project CRhoe Avenue 6 Coral Street _ Original Contract Amount Total to Date m Quantity Item Description and Unit Bid Total Unit Price Unit Cost Quantity Amount 7- Trench Excavation 6 Backfill 240 LF $ 5.0 $ • 1,200.0 22 4 Z01 Furnish Trench Backf ill SO CY 1.0 50. -$. .49. y13 Disposal of Unsuitable 50 CY •2.0 100.0 -9" "'F' r Mechanical Compaction 240 LF 1.0 240.0 224- Z 24- ar }18 Remove Existing Curb 30 a f 3-.0 30.0 /d } 22 Construct AEproach 5 Ea. 125.00 625.0 % De-°� r02 P.C.C. Curb b Gutter e� e 10 LF 15.00 150.0 0 / so 2 Inch Thick AC Pavement 2 X,287J 183 mom 22 87 °P2i Furn. b lust. 8" CL50 8 LF 19.00 30420.0( D 3 4.207 .. Y 2 Furn. 6 Inst. 12' dx tom -Ora- 60 LF 15.00 90d.0 4'4' �, 1 1' Construct Sanitary Construct 1,700.01. 1,700.0(. 700� 6 Construct Catch Basin 2 Ea. 1,000.00 2,000.0 2 2C00`� 7 Connect to Existing 0( 1 vOp°� 0 Furn. b Inst. 15" dx 16 a Helical CMP Culvert 150 LF 17.00 2,550.0 0 �° 2 550 ':- 12 Adjust Manhole Cone to Finish Grade 1 Ea. 500.00 500.0( po 9 To soil 15 MSF 66.00 990.0( 27.5 V 0 Seeding 15 MSF 66.00 990.0 Z%• 5 / 1.251 Traffic Markings LS 100.00 100.0 /DO e , 47• Standard Signs 12.25 SF 25.00 306.2 .9g$ 239 " Locate Existing Water b -- SewerMains 4 Hours 1-00.00 400.0 14 Traffic-Maint0lancn LS 200.00 200.0 41-L pO 5 Existing Utilities in pat the ConstrucCion Zone LS 100.00 100.0 TOTAL ADDITIVE ALTERNATE NO. 1 73 441.00 ijti11 Amnttnt ♦nr Th4a flan• I11 1 $19.818.75 l4 i grol.0J83V L I i 7 P A Y., ESTIMATE N 0 Page 6 of Project -Cohoe Avenue b Coral Street Item No. Item Description ADDITIVE ALTERNATE NO. 2 Original Contract Amount Total:.t6.Date Quantity *and Unit Unit 'Bid Price 'Total unit Cost Quantity Amount*. 3 1 20.07 Trench Excavation Backf 113L 414 LF 6.00 2,484.'00 4 20.09- Furnish -Trench Backfill 50 CY 1.00 5040 .991 40 oe 20.13 Disposal of Unsuitable _ Merpless Hatar-W . %fl ny 2.00 100.00 "6'0 20.14 Michanical, Compaction 414 LF 1.00 414.00 414 1*0 60.02 (fil Furn. & Inst. 6" CL52 DIP Water Main 414 LF 17.00 7.038.00 4/4 76 SS 8 60603 M h1h.64181-dr,kifte I Ea. 500.00 — 500.00 500eflo 01 '60.04 FuTn- & luft- Single ffigar Fire Hydranr..Assv, I Ea. 2.600.00 2,600.00 uop-r 70. 20 Seeding is MSF 66.00 1$188.00 70. Locate Existing Water& Awns 100.00 200,00 .f, 70.29 Msewdr ... M.M.--� Connect Existing 2" LS 10500.00 ItS60.00 A W. 90. is Existing Utilities In. the 7nno .00 00 70.23 Insulation 128 BF 1.00 128900 140 TOTAL ADDITIVE ALTERNATE #2 $ 16l,202.00 All .00. Am . n"nt far Thin V06'a In $16,202.00 4 iew Am! WW.,.t RA Y ESTIMATE- NO: Page 7 of 8 Project .SCHEDULE OF CONTRACT CHANGE ORORRJ (C. 0. ) UPS 4'Vt'1Y VbARJIV WJVV 6V$VQJ 10 J010 191 0101% 1VqVVA1 VVVft it W 'A vk if hAft burol dtovol. "11jor q1t1v 4w Mive "web tWers. CONTRACT C"A"Ge 0009ft OZSCRIPTION so*. OATC ADOITION5 To ORIGINAL CONTRACT PRIC9 COST or C"ANOR TOTAL COST OF 0009povems 119"s A00901 aw —CoMpLaT40 CHANG9 040611 ( TO VATS a) 69DUCTIONS VROM CONTRACT PRICE As 2"00" ON C"A"42 OROSM (C) TOTALS .5 ApproVad Total Cost of'Chango Ordors (a) Deductions from Contract (C) NO t Prom C. 0. Change Orders that reduce the contract, Column (09 should reduce.the Total to Date Column for that Item affected. pRMECT PROJECT NO. Cef4+c� COMA,- m. J. Nelson ' ' pOnI"TMHCiVO OM B p g EST OF 'I PA.lIOX'1!!BS KENAJ. AK ilodl'1 pp7 1 D+33 ¢Z / - - 67 - o . . �p�.7S 13'3.� /S3.9 Z5..: • 1 ♦Z S ' . :.. ' :.: - : �::. :+ - -- It /73.5, - - I / Op /e7.0; /eo ..; i ;?5`11L.1 . , .: •:., �.'; t. ';;_ �.i'� .. �...•....ril or /afar 140.Z I a.; ::i.... Al 19,feo / 3.3 1 / S /�. : 7oy:3 9 , 2 /t 77 . /'1¢ 4 3 7407 �. 3b3.4 .. 4190,00A." s 1 t_ _ 7 6� 13 s� '7 d. M-ItNolcnn &ASSOC-icifes eox,eee ,acaee„ oo-, ..-_!�'Mr_.__.14�iiR�i►�__ %N• -}--- �i`.iT. �..4a4.c�y,-r_._..�. Zs 54.9 40.1 �. � �.r.�.-._� . V�1 VS�gt,�-.. �� �.� Loth. Csz.� 9 S --�- _.....�_._ ....._._..r • `F;.; to 4.4o 'Rrr ewrw6 sr � 5' �x 167 x 4.6� Derr► . :• .. i : , �; . 17�Oo.... ceaoe.._sr..._...:_._.19' x �1 �. �_ 5.2.'©e�P- oz. orsrol :, i PROJECT F+RO.�ECT NO. . Go woe' � CoRrti.. CWTER SHEET OF PA. eOf� 1NS KENft AK GWMi 007 R�+'� s V � v ta�� �y� ��e•� IN �?Pi�e+�A�'T � .. _ 1 + /S�►/SST • ZZ tV u 13- 2S % 1.� i i .l �•T �aou i.34 j s ft-2 IBA- Vol Ar 70 - .. _ ._��'.+ 1-r . � .mot «.. � .—... ......n,.. .. ..� :-.,. .. .;. A. :'�..� , 1 � i..Ar1'L..L �. J. .-.i�i�' .t. '.;Y•. ' �� • t„ is 1 •. if pq DJECT F2Rc3jECT NO. Wm'd Nels n &ASSOCO(3teS Sr To J.eox W KVwwaeanew oo7a '' sHWr OF AN _._.�77 �I Ol 37.4. i /S iSm 71 17too � ..:d Dr 2 60 4 Ioo , : Z'Z3 9 . ... � • !j %dam toe =z.�.'fl . • . ; . rqe 7�!Li 2007846.0 ,o I 4Z 65.3 tzte�_._ _l___�'�L.o ._ - - ..4Z :o ` �•7`� - %IB jt�_"r't'r_._. _�"..... :.... _ "._._{ 1 ZSrse : ::o:' 144 :.. - - .. - �;� ..... .:._:_ __..._ �-�-r•�-. __w .:.. f. _�3ic�:4-ia�ie�fRoi�:el�s _• ; � - : .. �y . 1 � `j _ Al ,r..�. ..._.. __.�.} . ty PROJECT - PR�JECTNO. m.I Nal%n ' Gol4de'. Gergo.%. OI71�i.TNO 91 LJCTIJRAIJClVl- A PA. �OX'IMQ Kt . AK 90"1 G= 6930003 SHEET OF ` r l Aff C014i1� . _ 1 j: ' ST lMp f ---- -- .. _. ..�. /too• , ..:1'tZ.7 :..� . , ... � .. _.... .. ' .._. . � • ,_. _ .- - - _.. - Aso 1 •2 5 0 21441 /Z 4-5-0 120-4 1� 5 50 ' : 2yZe1 177-3 I i r1! C ••V v �i .. 7 uOLJFiAI./ vaL !` o w eH Ito 0-6 l7tzo _ L.13� Z46.4 f ..... , _... t. lob rt f 7 - '-_ -___ I •� ��!ti� •�r1 r.,r.i. {, ! ` 7 6% 7 �17 _ I • 1 ~ ! { t I 1 / r(�_ 1 , 1 1 . _. � .. gt i t ` -.;,,� �'�' � _ -.'• 111P��w..-.. �L�•� i � � .» ..-••yw�rZ'• _ .�:.� ^ --,.-i••-(-• , , � !, � / _. t�. / •..'„ i � � 1� � ,Trf�' r�•.... -. � � . _.�:... •�.:ti..Lit .4.:�.. ' t 1 � � i r r �1 , t: r M- Nolc^n t% F*40JECT PROJECT NO. V=T:lo GSMI 0072 SHEET OF I Wm. 1 Nelson & ilssociotes PROJECT GA*F i com�- PRQJECT NO. - - CON&LAXI G ENI AM MX I0 KE "AX 000 I 007 M3 3M DA B OP _ .. b � r_.. .. _ . _._-_�.-�_ _ ' .... - � .,._-__-�. •, t i � ; 1. , ... . -__. 10 I tZ l.o '40 1-77.3 11+So IS7.0. I , Z47. 13 i 3 f• f +-oo Zo, Z 327.8 So : I 6 07.o Iz 50 33s.4. 213 S f-3.4 ' c. 14 .. : � ... .... F4 So 449 d° .: ' 41 i 5 13¢.'i -70 3'F7.i 1 1 Sj I 1 I 4� • i PROJECT '� bP Scat to � PROJECT WO. i . n Rt smDlyi eloors C011�IJLTJAq avr. P.o.eox,eeeJ�Jsu,acwe++ oa' e8 a J3h1EET oP 17 17 _ N r i' 17 - 13 3S— '� . _;. . � T_ ! 17 1 }o co 17. I E; mar— fi. r - 41 PRO.JFCT "TbQ $d tr PiaOJECT NO. at Nelson& sociafels D1�/4 G�roFs ..''Ek: vX,! Q 60e„ ao7Q Sam- 8aEN*T eMEET of t.� 1 s! f I 130 17, lip Rrc...a.: Z'7,_S._Ms>F?._. •'� / . . 14 1 r ' r �"l i 1 United States Department of the nterior .zNiFo — i BUREAU OR LAND MANAGEMENT AIUM Stan OMOD • 70/ C SUM, Box 13 Anchenpo. Alaska 99513.00ti8 i» Muir qua to yg1891011�2 AA-86895 (75.26) RECEIVED AA-46214 (2300.5) wtiA tP�►A� (986) SEP 011989 •o�' DLWM DI►rotor'S Otlla♦ AUO R 91996 CERTIFIED MAIL RETURN RECEIPT REQUESTED DECISION State of Alaska Department of Natural Resources Division of Land and Water Management Land Title Section -.3601 C Street, Suite 960 Anchorage. Alaska 99503 Cook Inlet Region, Inc. : AA-40214 Attn: Land and Resources Department AMA Sec. 3(e) P.O. Box 93330 Parcel Anchorage, Alaska 99509-3330 U.S. Fish and Wildlife Service s Kenai Fish and Wildlife loll East Tudor Road Headquarters Site Anchorage, Alaska 99603 State of Alaska Mblic-Purnose Assertion Dismissed Lan Placed n selection Poo Pursuant to Sec. 22(b)(6) of the Act of January 2, 1976, Public Law (P.L.) 94-204, 43 U.S.C. 1611 at., as amended, and Par. I.C. (2)(a)(v) of the Terms and Conditions for Land Consolidation and Management in the Cook Inlet Area (TSC). the Bureau of Land Management (BLM) identified under the provisions of Sec. 3(e) of the Alaska Native Claims Settlement Act (ANCSA). as amended. 43 U.S.C. 1601, at. seq.. a portion of U.S. Survey No. 1435, containing approximately 0.56 acre of land in Kenai, Alaska, for possible inclusion in the pool of properties available for selection by Cook Inlet Region, Inc. (CIRI), subject to valid existing rights. The parcel is located in the boundaries of the Cook Inlet Region. -A i J. �s 4 11, 2 On A t 10, 1987, the State of Alaska was notified that the Secretary was considering placing this property in the selection pool, and the State's concurrence was requested. The statutory provision setting out the State's objection rights is Sec. 808(d)(5)(i)(C) of the Alaska Railroad Transfer Act, P.L. 97-408, 98 Stat. 2558, 2508, amending P.L. 94-204, which provides: ... the Secretary shall not place any leads in the selection pool referred to in subparagraphs I(C)(2)(a) and (g) of the document referred to in this section without the prior written concurrence of the State. Such concurrence shall be deemed obtained unless the State advises the Secretary within ninety days of receipt of a formal notice from the Secretary that he is considering placing property in the selection pool, that the State, -or a municipality of the State which includes all or part of the propertyy in question. requires the property for a public purpose of the State or the municipality. On November 12, 1987, BIM received written notification that the State objected to placement of the 0.55 acre parcel known as a portion of the Kenai Fish and Wildlife Headquarters Site in the selection pool. The objection was based on a recommendation from the City of Kenai that the parcel is required by the city for the purpose of developing a "1991 Bicentennial Theme Park." The Bureau of Land Management, on December 17,. 1087 and March 24, 1988, notified CIRI of its right to respond to the State's objection and to provide additional information. Information was received from CIRI on March 26, 1988. In evaluating the requirement for retaining the 0.55 acre parcel for public purpose, as asserted by the State of Alaska, documents in the case file were examined, including the supporting documentation from the State of Alaska and CIRI. Various reasons for retaining the parcel for public use, documented from the case file. are listed below. We [City of Kenai] are requesting that this laud be considered for use by the City of Kenai under the public purpose section for the purpose of developing a Bicentennial Theme Park. It is our [City of Kenai] intention to seek out and obtain ownership of the remainder of the U.S. Survey No. 1435 of 4.18 acres and the .69 acres currently owned by the State of Alaska along the NE survey line. It is the intent of the City of Kenai to develop a cultural and heritage center. Id response to the State's reasons for objection, CIRI stated: As the theme park cannot be built on .55 acres, it is apparent that the City of Kenai's plan to utilize the .55 acre parcel require the acquisition -of the FWS-[Fish and Wildlife Service] remainder parcel (4.2 acres). L L 3 The basis of our position on the FWS remainder parcel is: (1) the April 26, 1088 Memorandum of Understanding (MOU) between CIRI and. the Department of the Interior; and (2) BUN Instruction Memorandum 80;-212. Specifically, if the FWS decides that the remainder parcel is excess to its needs. then the Secretary of Interior is under the obligatiob to nominate the parcel for placement in the CIRI selection pool, pursuant to the April 18. 2988 MOU. As the F118 remainder parcel is improved, it would be unavailable for conveyance to the State. Us Procedures and Standards for Adjudicating State of Alaska Public Purpose Assertions, develo ed 1W, are outlined in Instruction Memorandum No. AII-88-232 of April 18. 1988, as follows: The pertinent statute and legislative history do not suggest a Congressional intent to restrict the definition of public purpose to specific endeavors that would satisfy some judicially or legislatively established criteria for public use or public advantage. The courts have held that the phrase "public purpose" is not susceptible to fixed, static definitions, but is a flexible phrase that expands to meet the needs of complex society. Therefore, State public purpose assertions will be evaluated on a case -by -case basis consonant with the broad assumption that the purpose must serve a State or municipal objective related to the promotion of the health, safety, general welfare, security, contentment, recreation, or enjoyment of all or same portion of the public within the affected political subdivision. Any of the following shall be a sufficient cause for limiting or rejecting a State public purpose assertion: 1. The lands the State alleges are required for public purpose are unavailable for conveyance to the State or a municipality of the State under existing Federal or State authority. 2. The State fails to identify the required public purpose upon which the assertion is based. 3. Evaluation of the record, as supplemented by the State and CIRI, indicates that the public purpose can be reasonably accomplished through some other means. or through acquisition of less than the entire area. 4. The primary objective of the assertion is to benefit private and/or proprietary interests, either through promotion of material gain or extension of exclusive license or privilege (for example. avoidance of future taxes, or leasing land for commercial development). The subject lands are currently withdrawn by Public Land Order 2934 of February 14, 2963. for use as an administrative site by the United States Fish and Wildlife Service and that agency has not filed a notice of intent to relinquish the site. --- A.lthough_the lands have been deemed public lands available for conveyance to CIRI under Sec. 3(e) of ANCSA, as amended by P.L. 94-204, they are not vacant. unappropriated and unreserved public lands t_J L.� _ ...r--. ...... ._ • 4 '.' available for conveyance to the State of Alaska under the Alaska Statehood Act of July 3, 1958, as amended, 48 U.S.C. Cho 2. Sec. 8. Additionally, the lands for are not available conveyance to the State or the City of Kenai under the Recreation and Public Purposes Act of June 14, 1926, as amended, 43 U.S.C. 869 ` at seq. since they are reserved for administration of the Kenai National Wildlife Refuge. Also, the U.S. Fish and Wildlife Service has indicated that �- ;, it would not be willing to negotiate an excbange with the State or. s, Municipality at present. Therefore, as the 0.56 acre parcel is unav i able at this ime for comr . to the State or the City of Kenai, the States -public purpose assertion is SrOW dismissed. The remaining FWS parcel, containing approximately 4.18 acres of improved land, is being occupied by FWS and has never been determined excess to its needs. If. at a later date, these lands do became available under the TdC, �. the Secretary of the Interior is under obligation to screen the parcel for placement in the CIE selection pool. pursuant to the p April 18, 1988 Memorandum of Understanding between CIRI and the Department of the Interior. It should be noted that contrary to CIRI's contention that the State cannot acquire improved Federal property, it would appear -that there are avenues for ' disposal to State (and local) governments, as recognized in Title 40, United States Code and the regulations in 41 CFR 101-47.303-2. Pursuant to Sec. 12(b)(8) of the Act of January 2, 1976, 43 U.S.C. 1011 at. A` Wand Par. I.C. (2)(6)(v) of the Terms and Condi•tions'for Land Consolidation and Management in the Cook Inlet Area, the following described lands are hereby laced p in the pool of properties and are available for selection by Cook Inlet Region, Inc., subject to valid existing rights: ' A portion of U.S. Survey No. 1436, located in T. 5 N., R. 11 W., Seward f Meridian, Alaska. more particularly described as: E ' e Beginning at corner No. i of U.S. Survey No. 1435, and the true point of beginning of this description, N. 17011' E., 200.03 feet along a portion of the 1-2 line of U.S. Survey No. 1435, to corner No. 2, a point on the 2-2 line of U.S. Survey No. 1435; S. 71028' E., 200 feet to corner No. 3; ;-. 1 S. 18034' W., 80 feet to corner No. 4; S. 71.26' E., approximately 203.65 feet to corner No. 6, a point on the 3-4 line of U.S. Survey No. 1436; S, 48°04' W.. approximately 22.65 feet along a portion of the 3-4 line of U.S. Survey No. 1435, to corner No. 6, common to corner No. 4 of U.S. Survey No. 1435; j'. r N. 72*28' W., 390.72 feet to corner No. 1, Gammon to corner No. i of U.S. Survey No. 1435. the true point of beginning for this description. Containing approximately 0.55 acre. This decision is final for the Bureau of Land Management; however, an appeal from this decision may be taken to the Interior Board of Land Appeals, Office of Hearings and Appeals, in accordance with the attached regulations in 43 CFR Part 4, Subpart E, as revised. If an appeal is taken, the notice of appeal out be filed with the Bureau of Land Mans ement. Division of Conveyance g Alaska State Office, Management (900), 701 C Street. Box 13, Anchorage, Alaska 995peal diwithin thirty (30) days of the receipt of this decision. Oo not send the appeal to the Interior Board of Lead Appeals. The appeal and copies of pertinent case files will be sent to the Board from this office. The regulations also require the appellant to serve a copy of the notice of Solicitor, office of theme Solicitort 01 CC en arguments, treet, Boxor riefs 34, Anncchorage, Althe aska 99513. To avoid summary dismissal of the appeal, there must be strict compliance with the regulations governing such appeals. (See enclosed DOI Form 1842-1.) If an appeal is taken, the parties to be served with a copy of the notice of appeal are: State of Alaska Department of Natural Resources Division of Land and Water Management Land Title Section 3001 C Street, Suite 980 Anchorage, Alaska 99si0-3330 Cook Inlet Region, Inc. Attn: Land A Resources Department P.O. Box 93330 Anchorage, Alaska 99609-3330 U.S. Fish and Wildlife Service 1011 East Tudor Road is Anchorage, Alaska 99b03 Enclosures: Status Plat Survey -Plat DOI Form 1842-1 Appeal Regulations N R o CMM Ramona Chian Chief, Branch of Cook Inlet and Ahtna Adjudication i r„. cc: MrGary Gustafson (CM-M) w; Chief. Land Management Alaska Department of Natural Resources Division of Land and later Management P.O. Box 7-005 Anchorage, Alaska 99510 (w/plats) City of ifenai (CM-RRR) 210 Fidalgo Rewi , Alaska 99611 -- State of Alaska Department of Transportation and -- -: --- Public Facilities _ pouch Z Juneau, Alaska 99611 L 6 1 - - S47" 1 qlT 11iwa.1842.1 UNITED STATES *%(refits" reel DEPARTMENT Or THE INTERIOR + BUREAU Or LAND MANAGEMENT INFORMATION ON TAKING APPRALS TO TN! BOARD OP LAND APPRALS DO NOT APPEAL UNLESS 1. This decision is adverse to you. AND L You behove it is Incorrect IF YOU APPEAL. THE FOLLOWING PROCEDURES MUST BE FOLLOWED f` i L NOTICE OP APPEAL, Uddm 30 days file a Notice of Aped in the office wltkrt issued this decision (see 43 CVX Ism 4.411 and 4.413)• Yes way state Yale tassels to ""Wbt& it YOU 4wdw. 2. 11101 TOP" NOTICE OF APPEAL. KAMtA WA?E OPPICE SOLICITOR "I O BTIIEE'Tt BOX 13 ALSO COPY TO ANCHORAM AK 9911 t 3. 11TATVAUT OR RZA:ONS within 30 days e%a tiling the Notice of Appeal. file a complete statement of the toe why you we sppe,apss. This must be filed with the United States Depetment of the Interior. Office of the Secretary. Hoard of Land Appeals, 4013 Wilson Blvd.. AttMstas. Vitsinia 22M (nee 43 CYR Sec. 4.412 and 4.413). U you tally stated your tassons fat app oRn when RUNS the Notice of Appeal. no additional stateaont Is aocssa". SOLICITOR ALSO COPY TO 4. AOVV3e PARTIES Within 1S days after each document is tiled. ouch adverse party named in the decision 04 the Reponoi Solicitor or Field Solicitor having jurisdiction over the Stan in which the appeal araso must be saved with a copy of: (4) the Notice of Appeal, (b) the Stott. Mont of Reasons. and (c) any *that documents tiled (ale 43 CYR Sec. 4.413). Service will be made, upon the Assaeiaw Solicitor. Division *f Energy and Resources. Wash. instant D.C. 20240. Instead of the Field or Regional Solicitor when appeals are taken from decisions of the Director (WO-100). S. PROOF OF S<RVICE Within 13 days after any deeumoat i$ sewed on an adverse party, file proof of then service with she Uttito - State Department d the- ttteriot. Office of the Secratary. Board of Land Appeals. 4015 Wilson Blvd., Arlington. Virginia 22203. This may can. list of a certified or registered Mail "Return Receipt Card -signed by the adverse party_ - - (800 43 CPR Sec. 4.401(cx2)). (:nleaa tbtat procedure! art /ollowrd your appeal utll bt sub(ect to dismissal last 41 CPR tee 4.402). Se certain that all �Vommuntcetoons are rdentifred by strtal Nutrbrr of (bt case bring appealed NOTE: A document is not filed until it is actually received in the proper offset (tee 4 t CPR Not. 4.401(a)l . LE l 1 - — SUBPART 1821.2--OFFICE HOURS; TIME AND PLACE FOR FILING �4ee. 1621.2-1 O//ice hours of Stare OJ/icas. (a) State Ifiess and the Washington Office of the Bureau of • - Land Management are open to the public for the filing ,.;. • of documents and inspection of records during the hours specified in this paragraph on Monday through {, Friday of each week, with the enception of those days when the office may be closed because of a national holiday or Presidential or other adnisistrative order. The bouts during which the State Offices and the Washington Office are open to the public for the filing of documents and inspection of records are from 10 a.m. to 4 p.et•, stanched time or deyUght eaviag time. 4 whichever is to effect at the city in which mob office is located. Sec. 1821.2-2(d) Any document required or permitted to be filed under the regulations of this Chapter. wMcb is received in the State Office or the Wssbington Office. either in the mail or by pommel delivery wham the office is not open to the public shall be deemed to be filed as of the day ad hour the office next opens to the public. (a) Any document mVdmd by law, agulation, or decision to be filed within a .stated period. the last day of which fella on a day the Ststs Office Of the Washing• ton Office is officially closed, shall be d"mtd to be timely filed it it is received in the appropriate office on tM nest day the office is *pan to the public. 1 . APPML.s PROCEDURES (31Adocmetuuiil6+coieidsrsdtohave IN No ergnwon of time va0 be panted WJt A/PMIOCUUNM OUNNA6 been seined st the ties al rename astvice. for NWp the notice of appeal. U a notice of A 4,4M DeNaMisns. al dsdwey el a rsgiststed or eartuliad Mtler. appeal is Mad after the wars paced or of the Hewn �y post am" of an provided in 1st6 4.4011a►. the notice of anawd As used in this subpart, wtdsdvered noiW or, -1ad Iraq►will not be eansideW and the can will bs (a) 'Sstretary' mans the Ss MOM of closed by the officer -from whose decision I he Interior or his authorised �Flt7lsl,Apr.lb.1971.seamendsdetAFR 1Ma-palistaken. Wilts notice of equal is ry�pern�, i5117. Auk W.1971► filed during the grarp perwd provdsd m p. (b) 'Bureau' means Bureau of Land 4.401(a) and the delay in filing[$ not waved !e�t. P. 4-M RMesY dw�al, tN provided in that section, the riatiu ai memo the Board of Land An appeal to the Board and be subject to will not be consdersd and the appal Appals in► the Office of mum" and wmMy drerasal by the Board for any of be dismhsssd by the Board. Otbce of the Swretary. The tams the folloaen9 causes: 'a( e' or otficee ss used b this subpart (36 FR 7196. Apr. 15.1971 as amwmW as 36 FR include 'Board'vrharetMeomsiarequkas. appeal l a statement of !he reasons for the Is117.Mas. W.1971.47Ft�16391 Jane ls,12M. till 'Administrative few judge means an aa00eav N not included in the notice dappeal 4114 irmle 1 ai 49 Fit 6371. Feb. tl1.19M1 ad di'A m ini law in the umffics n sled is not filed within the time n� .irisHearings and fear in the• of the (b) U the rioties of appal is not saved V. 44I2 Stagsiew of scone, statement a Sseretaey. appo�t►tad aei lion 3106 d "p0"� parties viiMhhim IM titre etaiidtsg, written asraaante. btlete rile 6 of the dieted States Code. e) a the "~I of lessons, if not (a) U the notice of appeal did not include a P. 4A01 Ooeeaeritw contained in the notice d appeal. is not statement of the reasons for the appeal, the carved upon adverse parties within the time appollant shad We such a statement meth the lei t3roce psrfod AV rAw Whsnawr a r d) U the stabnhsrul of nd. Sciard ( : Bond ndA of Land APIs, docwrent s tegvtred undo this subpart to i required O(bceol HannpeundAppeAlA.401li Wilson be filed Lisa 0 a certain lime and a a not by a 4,�4IMb) in not bled with the dory ward• Arlmgtae. VA s'2203) wsthtn 30 recoved in the props of a that not saved adwtrse parties What the dsye after the notice of appeal was fibs In time, the delay m firing w�Y be wanKdil the � any ease, the Board will perms the apsitant document a sled not Wwi than erAd a o to Ne Additional statements of reasons and N was required to be filed and it is 3GM71s4Apr. Is. toll, aseniwids1at47FR writlen to or briefe vnthm the 30• determined that the document was Jules Ik 19/1) day after the notice of appeal was f transmuted or probably transmitted to the App Ali To TMSoma of L4WA//SALfi ) When the decision bang office d which the mice n rsgiwsd befan P. 4Atfl Wo easy appeal, roWn to land selections under the the be filed. aegtrled Nam Clums Settlement Act as amended. to be tiled. Determm�nuions tathdtr this pe ft to a ease who is dwrsdy the AppMont ale shad 6le w96 the Board a paragraph ehmY b, made by the officer Wseted a decision of an officer of iM statement of lects upon which theaippegans before whom w the appeal in u of Land ter of An ►edit for standing under p. 4,410Ib► uethm corrieetioii weh which t document is administrative taw hr�hays a right to 30 days after fdmg of the notice of appeal. rs�usal to be Ned' appal to the Board, except— The statement may be included wntlt the (b) Tron4orm and enwmbroncers. (l� i0 00tthewise provided in Group Z400 notes of appeal filed pursuant to p.4.411 or Transhrres and encumbraneete of lead the al aU of this title the statement of reasons tiled pursuant to tide acoadihit under a publi ntw(12) iow ate it that 2ocis oil Buleau paragraph (a) at the section or may be Ned upon lin under ainiy public lanid few shay. of Land Management officers must lint bw As a seWnte document. upon lJmg Hones of the traeefer or app� to an adnwwtrauw law judge ' (c) Failure to tale the statement of roosons encumbrance in the proper land olAee. wider 4.470 and Part 4100 of this title. and statement of standing wahm the time become emil,ed to neeiw and be OMM the l3 a decision has been Approve! requiled will subject the appeal to summary lama notice of arty appeal. a other by the S ecre", and dattrssal as provided m p. 4.404, unless the pracesuchi�n9 thereafter imtiagd aJtitctsig (se¢til A pad in perep� (b) of this delw 1. firing is wanted as provided in p. such smerai which N tequaed to bs giuim to dung Entry rNttcs • rty to t Id ...of ds (b) uMpoonitr theereccoMor dM this IndMolNee. Thereafter such transferee or encumbrancer nwut be mods a party toany chine proceedings thereafter maistsd advent to the miry. � (e) SO*# of documents. 411 Whatever hsAn • the reflulatioo n the subpart regwre dot a copy solved l47 FR person. made the can personalhntohim atbysending the document by iwL to►4.411 registered or cortified return tecept tequesta L to his address of record in the Bureau. (a) A tsignedproved anac�dsaviece tli per to be sawed. Personal service may `proved who notice t bs by a writlern stwment at the a genet whe raft such service. Service by other ngtAtsled or eatdisd mail rosy bs proud by a pou. k:e rstufn feet* ehoisrig that the when N document vm delivered -at the peAeoni s after th record address or sihoJAM that the wide eM document could not be delivered to such or d o m ww Inererrom without laaw" a totwiardkng address a bscawe dsdvsrywas refused at that address or bseattse rho such address exists. Prof of unin at acopy of adscumemshouMboWdintMssm 00= inwhichthe document is Ned except that i be applalkhoold Mod in the office adtflc - to Wwn 4 ItihaMd (A1eir tin the nolkeof epp Service h i x T t j. i i t .i I: For decisions rendered by Departmental officials "bung to land (47 FR 2M. Jww I& IMI) ssieetiom under the Alaska Native Claims 4.413 Servile at iistke of .Mat and of 5attleament Act. as amended any party who ether deeueewte. a peopertysnterasthnfi offactedby n. Govemtntm on le cagency orporation the Fs � The most saw a copy of the rngfit to appeal to the poAr�d. notice d appeal and of any statement of sawn. wnttan erguments. or bath on the 1. Jaw I9t>?► Regional or Field Solicitor having It ton over the State m which the As zih hew tides, tiiandetmy pearl cross, or upon the Associate ei.. S hcitor. Dnmsion of Energy and Resources. when the appeals are taken from decisions person who wishes to to the of the Director. U.S. O al Survey, or mast rile in the office of the officer theDir tor, Bureau of Mmnagenent. hat www to (appeal. TM name orimineral Activates on the VjbJW matter he Outer Continental of the appeal � appeal must give the send number or SW- identNkation of the ant and must be hanemnttgd in time to be -filed in the office Within ionml appear may include a Metter of the resioes for the appask A statement of standing d tvtifurail by % 4.4111(b), and my arguments the Appellant wishes to make. 7 w and each adwlr" Patty named in der detdetotl appealed horn. to tits meaner pratnbed in p. 4.401(c). not Wer than Ib &%* after hft the document. Fadtse to somvfi htnthe umfspuifedwa subjsa the appal to summery dwrNsW ere provwwinp.4AIM Proolofauchtetviceaa aquited p.4.40l(c)mug bsWsdwitbdw Board t as: Board of treed �, oNwalHeamaunaAp alfiWiNpi ad —4ia audsssWedwK Nwww mtt:e� 1iu1. Apr. 4.19 12MasasrMsdYNPR 1 A 4414 Aaewwa M Mll Paste► ssfwtd with a nonce of ap-- aWishh", to prrtwato in the proceedings on ana�to�nl mo4rthrrno ito(tppPealp statement of reasons where such statement was not inducted in the notice of appeal. if bfwe b weD fibd atan ar8umsnes. or Mfrsitersav�rthe� an him within which to answer them. The UWAW mewl state the reason why the wmwww thWQ du 4ppe01 should tat be eats Bow—dm"L AAn�swers must be Mad wu�� Wilson M&Awaii Board of Lord kgton VA Wes,O *w1 and m,Mwwust bo served on the appelient dune is &vs tPreshawtw. Pr000llod Ich at dby IL 4.4011cF. must be Md Wh the Boarwithht Ib drys alter 1 an atl- F "bowl sstYlCeMttn t0 atevtNt wdl not Mill to add&& it an answer la not Wed and awed withint he time wgtwed, it may be diaroWded to deco ntg "4111111010 Provided in p. • uNess a1(a). lilinvawaived ACMM 1W 80AM OP LAND AR[AL11 A 4.412 fors WMItieft won."wigs bv*AMW, i EMw he dietr�taa � ad one pant/ "Wien toeantaweotfact f� ant squat that Ilse ease be assgtted to an oe�nattistfatw law . judge for each a heaang. Such a request wah the Bard wUhm80 daysafte►aroWer adusand a copy of dw nquat sMuld be served an Ifs opposug arty in the case. The aUowsttcs of • r u"t tar hewn is wtthtn On discretion oft Board. and the Board administrative W-On ItsOw�law Judge refer any pie loan judge for a Mang on an roue of fact. U a hewmg is ordned, the MBoard wdl epspfy the esuss upon which the ng u to be "and the Mang wdl be Mid m accordance wuh a 4.430 to 4.439, ow t1a»al rules m Subpart B a this Part. i i MUNICIPALITY OF ANCHORNGE MEMORANDUM ' DATE: September 10, 19B8 Z�g56783�u, _ TO: Mayor Fink/Former Mayor George Sullivan €' a ran Garzini, Municipal Manager., ►ti,; FROM: Ronald A. o+ fir•, n .-, ' - - SUBJECT: Economic Recovery Project v`�L�'£az2t2�2� z �.. For your review and approval, I propose a new major undertaking. As everyone knows, our economic condition is less than desirable. it is a shame since Alaska has great both potential in a number of areas. Resource development, renewable and non-renewable, suffer from a lack of - - -:- infrastructure. Most possible new private ventures suffer from a lack of critical infrastructure, witness the Federal Express development. Today, our private development community, from designers through contractors to workman, are all suffering. While Alaska's development and growth struggle, our populace similarly struggles to survive. only ' parts of the public sector remain healthy. To assist in r rebuilding and strengthening the private sector, I suggest a special economic recovery project be undertaken. A lNfy suggestion is we seek to accelerate the development of y, critical infrastructure directly related to private sector expansion. I use directly as opposed to amenities which are r indirectly beneficial, such as parks, libraries, etc. Direct benef it developments would include port and airport f industrial facilities, harbors, rail spurs, water and sewer projects tied to ports and airports, power projects needed 1 to expand local capabilities, highways enhancing tourism and business, and a general category of projects which lower the <� cost to the private sector to operate in Alaska versus our natural competitors in the Pacific Northwest. Transportation projects; ports, airports, harbors, roads, is likely water, sewer where expansion in private investment be the target, but only if there was significant to demonstrated local support. Projects involving new O & M though there is local support, should be = requirements, even avoided. The concept is to help broaden the private sector _ in Alaska and to strengthen and diversify our economy without increasing the tax liabilities- to the general ithou public. • To be successful, our projects must be included in a �`,, statewide package of like-minded projects. I suggest a private -sector -oriented task force be appointed to work on s r L i �J r Economic Recovery Project September 10, 1988 this project from now until May 31, 1989. Between now and 12/31/88, projects of a similar nature be identified and packaged, and funding nl nii leaders inhe seat witha companion the house. As you are aware, within the undistributed fund there is nearly a billion dollars between 1988 and 1989 earnings after dividends and inflation proofing. In addition, projects of an energy nature could be funded from remaining railbelt energy funds. I think we should suggest a portion of these funds could be used to make Alaska more competitive for new private sector opportunities. For example: Anchorage and Fairbanks International Airports both have aggressive development plans. Current carriers are not supportive of their fees being used to lure competitors. But is it in the general interest to broaden our aviation activity t-i employ Alaskans, and to strengthen our tax base. Additionally, our design, construction, and transportation sectors will all benefit in the short and long term. Western Alaska is aggressively competing with the Northwest to serve the bottom fishing industry. They are also competing with the processors who would handle -- the fish totally without coming ashore. No doubt their efforts are limited by the fact that their shoreside facilities are very limited, water and sewer facilities, as well as power in particular. The alternatives of using Seattle and just plain not coming ashore are enhanced by our inability to serve them well. The aforementioned are just two of the many situations where critical infrastructure thwarts our future. More importantly, improvements can be made which would employ Alaskan's during construction and later for the long term. I didn't mention many others; mining and timber access in the Mat -Su, module construction in the interior, power, tourism, and harbor improvements in Southeastern, maybe even a road to Cordova should be considered. The point is, we 'have the money, we have the need, the question is, do we have the will and the leadership? To advance the project, I suggest a team of respected leaders be assembled to nominate projects to the governor and legislature (_I assume they would agree to the concept first). This team should be credible and influential. - Further, they should agree to limit their recommendations to the theme: "Critical Infrastructure -which- Creates a Better - Private Sector Environment." Let politics add less worthy projects. I suggest considering people from the following list: -2- 41 ?, -- - - -- -- - - _ Economic Recovery -Project September 10, 1988 - + Chairman: George Sullivan - ACVB - Railroad Board Wilson Hughes - Enserch/ Bill Sheffield A & E Community Tom Friesen - Ketchikan Mano Frey - AFL-CIO City Council - Jack Miller - Miller Bros. Dr. Bill Faulkner - Jerry Harmon - Eastwind/AGC Assembly - -= John Williams - Kenai Mayor Suzanne McNab - NSB - Polly Percale - Nome CM Byron Mallot - Sealaska Lee Gorsuch - ISER Phil Younker - Fairbanks for project analysis business community - Dorothy Jones - MatSu Wally Burnett - Fairbanks Borough Mayor business community -°: -- - The team's job would be to assemble projects from our area, ,- as well as ask other regions of the state, and to suggest projects. I would hope that Governor Cowper would give support to the effort but not to specific projects. The _ Governor could review the projects on an individual basis, as they are reviewed by the legislature. Perhaps he could - - --- - even meet with them and encourage their efforts. The task force could also present their recommendations and explain their criteria. We certainly would not object to projects .. which meet the criteria being added by others, since the planning period is so short we will miss some. I believe such a project could be pursued from now until 5/31/89 for $35,000. Staff would come from OMB and my office. I would suggest the Sullivan group push the project with task force support ($25,000), and a small travel budget ($10,000) for meetings with Western Alaska, Southeastern, and Interior, etc. " In conclusion, this may work, yet it may fall flat. This project is short term, yet could have 50 year benefits. ' Alaska has great potential but seems unwilling or afraid to develop it. The best argument for going forward is the alternative! -3- X 7 i j TN Iry CITY OF K! %0d Gap" a j 4",. 210 FIDALOO KENAI, ALA8KA 0"11 TELEPHO �0 S6' w, CITY OF KENAI ����, BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOI NT TO COMMITTEES AND COMMISSIONS NAME Timothy D. Harbaugh Resident of City of Kenai? Yea How long? since 1979 Mailing Address Box 4627, Kenai, Alaska Tel. 283-5306 Bus, Address Rt. 1 Box 323, Kenai, Alaska Tel. 776-8382 Presently employed by Atlas Wireline Services Job Title operation Manager Name of Spouse None Current membership in organizations: , Elks Moose Pest organizational membership: None Committees interested in: Planning and Zoning w Sig U e f IN Fa CITY OF 1_ "Lld Caodiad 4 4140d44v#' 1111FMAL00 K!lIALALAtICA 91011 011 CITY or KENAI BACKGROUND AND -PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO -CONNITTEES AND COMMISSIONS NANE Dan Roberts Resident of City of Kensl?_Uj.... How long? in Nailing Address P.O. Box 2706, Kenai �Tel. 283-4314 Buse Address P.O. Box 4196. -1efiai _Tel. 283-3491 Presently employed by- Self ok Job Title self emniodea Name Of SPOU06 3ackia Roberta anix ' Current membership in o rg stiones A N/A ^A pest .OrgenizatLonal-member . ships VN/A Committees interested in: Dan -Roberts 5ignature 7 im r f -- 1 IF a p.. 4"-Vl P -, Delp G G 404 a ao- . i r--- AML NEWSLETTER Na 3 Board Proposes Constitution Changes, Adopts New Legislative Approach The AML Board of (Directors held Its an- nual summer meeting by teleconference at the end of August. Board members were all scheduled to meet in Sitka, but the weather did not cooperate, stranding President Heather Flynn and half the Board in An- chorage. A teleconference linking the two cities was quickly arranged, and the meeting proceeded on schedule. Among other actions, the Board recom- mended three amendments to the Constitu- tion and Bylaws for the members to vote on at the fall conference. These include 1) an amendment to increase the membership of the Board by splitting Senate Districts I and K, thus giving Fairbanks a seat on the Board; 2) an amendment that would allow for weighted voting by population, with the largest member municipality (Anchorage) having five votes and others proportionately fewer (4, 3, 2, and 1), and 3) an amendment to bring the constitutional language concer- kyping committee appointments into line with 1lhe Resolutions Procedure adopted last year by the Board. The Board also accepted the recommen- dation of the Legislative Committee that a new document, the "Municipal Platform," become the main advocacy tool for the league, with the Policy Statement serving as a resource and reference document for use by AML staff, members, and others. The Plat- form will focus on the Leaguers top priority items for each year and include position papers on these top five to ten issues. The Platform, more concise and more corn fete than the Policy Statement because it will pre- sent fewer issues, but with more detail, will be distributed to legislators, the administra- tion, and the press. Priority legislative items identified by the Board, which will be reviewed by the members at the November conference, in- clude the following: ALASKA MUNICIPAL LEAGUE T i S� e` 1 41r1 September 1988 The AML Board met in late August in both Sitka and Anchorage. Half of the gawp couldn't get to S4ka because of the weather so they stayed in Anchorage and were linked to Sitka on a teleconference. Shown here, on the Sitka end of the teleconference hookup, are Board members Fred Bradley of Elim and Kristin Lambert of Soldotna, First Vice President Delbert Rex. ford of the North Slope Borough, House Speaker Ben Grussendorf, and Board member Dave Dapcevich of Sitka. Purdy New Board Member AML President Heather Flynn recently ap- pointed Harry Purdy, Council Member from the City of Galena, as Director from AML District 8. He will fill the unexpired term of former Ft. Yukon Mayor Jonathon Solomon. Purdy has served on the Galena City Council for over seven years and has been Mayor Pro -Tern for five years. For two years, he was on the Education Subcommittee of the AML legislative Committee. He is an ac- tive Jaycee and is Immediate Past President of the Alaska Associaton of School Administrators. Nominations for the District 8 Director position, as well as for vacancies in Districts 2, 4, and 6 and the At -Large directorship, should be submitted to President Heather • Legislation requiring reimbursement for Flynn or Executive Director Scott Burgess state mandates before the start of the November conference. • A state aid to municipalities funding package, which would include, for FY 90, funding of municipal_ assistance _ and revenue sharing at the FY 691eveis, with an additional $13 million for full funding of -the miscellaneous -municipal services - account of the revenue sharing program; full funding of the senior citizens/disabled veterans property tax exemption program; full funding for the school construction debt reimbursement program; full funding for the education foundation formula; and full funding for the pupil transportation account. The funding package would also include a supplemental appropriation -of $25.3 million for FY 89 to provide full funding for the senior citizens/disabled veterans pro- perty tax exemption program, the school debt reimbursement account, and the mis- cellaneous municipal services account. (Continued on page 11) Resolutions Due October 1 Members of the Alaska Municipal League are reminded that resolutions must be sub. mitted (postmarked) by October 1 to be placed in registration packets and made available to the membership for considera- tion during the 38th Annual Local Govern- ment Conference. Resolutions must have been approved by the goveming body of the municipality and must be submitted in the proper format to AML. Resolutions submitted properly by Octo- ber 1 will be included In the delegate pack- ets and assigned to the appropriate policy section for action. Resolutions approved by the policy section will then be reviewed by the Resolutions Committee for recommen- dation to the membership at the annual business meeting on Friday, November 18, 1988. Resolutions in the proper format and with sufficient copies (50) but not submitted by October 1 may be introduced during the appropriate policy section. The AML Board of Directors adopted the new resolutions procedure last year to for- malize and streamline the process and to en. - sure good policy development. A copy of the procedure was sent to all members with the "Special Bulletin" of June 17. If you need more information about the policy or how to submit resolutions, please call the AML at 586.1325. F� AML J1A News AML/1IA Appoints Treasurer Bob pieirson, representing the City of Seward, has recently been appointed Treasurer for the AMLIJIA. Bob brings a wealth of experience in finance to the JIA and will provide additional participant in- volvement in the AMU►IA management. As Treasurer, Bob will be responsible for day-to- day financial activities, investments, and financial reporting to the participants and Board of Trustees. The steering committee of the AML Legislative Committee met in July in Kotzebue to pound out the first draft of the 1989 AML Policy Statement. Among the changes suggested by the group, which presented its report to the AML Board meeting in Sitka on August 25-26, was to ex- pand the existing document by adding justification or background information for each policy statement. The committee felt that this addition would make the document more useful for AML staff and municipal members. Following the recommendation of the committee, the Policy Statement itself will have limited distribution, essentially Just to members, with the League's priority items being summarized in a "Municipal Plat- form;' a shorter and more focused docu- ment for use by the legislature, administra- Control Your Losses — Control Your Costs Although the AMUJIA has been operating for only two months, certain loss trends have already become apparent. Since loss control is the secret to cost control for each partici- pant, it is important to recognize these trends and to institute corrective action before fur- ther losses occur. Almost half of the losses experienced to date relate to muscle strain caused by lifting. In almost every case, the workers compensa- tion loss could have been avoided through proper lifting technique or reduced load. Just a little thought on the part of employees can significantly reduce your cost. As a service to participants, the JIA will be providing a com- prehensive program on lifting in the near future. Each JIA participant should have received a loss run showing the participant's loss statistics for the month of July. During the AML conference we hope to have a work- shop on how to use these loss runs to reduce losses and save money. Although the limited information on each community is relatively meaningless at this early date, as time goes on these reports will prove more and more valuable to participants. Members of the JIA Loss Control Comittee report that they are finalizing plans for a loss control consultant to visit fifteen partici- pating locations to assess exposures and im- plement a loss control program. By the AML meeting in November most of the visits will have been completed and the comittee will have a fun. report on the status of the loss control program. Participants- who have not already responded to the JIA request to appoint a loss control contact person are urged to do so as soon as possible. These contact persons arp key to the cost reduction efforts of the AMUJIA. Legislative Committee to Kotzebue tion, and the press. Attending the meeting were Legislative' anks North Committee Star Borough irs Judi andSlar Daf ve Soulak of Palmer, Mayor Georgia Buck of Whittier, Clerk Gaye Vaughan of Kodiak Island lor of Dillingham, Member Council m, AssemblyMember yAlice Johnstone of Sitka, Council Member Tom Friesen of Ketchikan, Assessor Gary Lewis of the Matanuska-Susitna Borough, City Manager Mike Scott of Kotzebue, Borough Arctic Manager hwest 4ee sharp, pecelman of the ie legal advisor to the committee. Scott Burgess and Com- missioner otner David Hoffmanal Smith also dand� Jim Plasman of the Department of Community and Regional Affairs. Kotezebue Mayor Willie Goodwin and Manager Mike Scott gave legnsnanve a om�nn�cc members an extensive tour of their city when the committee met there in July. Shown here in- specting the airport expansion project are, left to right, Ketchikan Council Member Tom Friesen, Palmer Manager Dave Soulak, Fairbanks North Star Borough Finance Director Judi Slater, Mayor Goodwin, and Dillingham Council Member Chow Taylor. Soulak and Slater are Co -Chairs of the 1988 Legislative Committee. AML NEWSLETTER 217 2nd Street • Suite 200 • Juneau, Alaska 99801 • (907) 586.1325 STAFF: Scott A. Burgess, Executive Director and Editor Chrystal Stillings Smith, Programs Manager Kevin Smith, Staff Associate - - Phyllis H. Larson, Administrative Assistant Glenda Catli, Secretary September1988 ftpZ 7 F! r- 1otsm" 1 Alaskaland Ready to Welcome AML Delegates Once again this year Alaskaland, Fairbanks pioneer theme park, will be the site of the AML Local Government Conference. Although most of the park's big summertime attractions, including the Cripple Creek and Whiskey island Railroad, the Gold Rush town shops, and the Riverboat Nenana, will be closed up for the winter, conference delegates will have an opportunity to use many of the facilities. Meetings and receptions will be held in the Farthest North Square and Round _- Dance Center, the Pioneer Church, and the Pioneer Hall as well as the Civic Center, and a reception is scheduled for the Palace Saloon. Alaskaland is owned and operated by the Fairbanks North Star Borough and is con- sidered one of the community's main tourist attractions, Summer days, and nights, see thousands of visitors —descending from tour buses, in their recreational vehicles and cars, and on foot or bicycle —coming to the park. It is a destination for both visitors and local residents, who come to enjoy the playground and picnic areas alike. Small shops in historic log cabins moved to the site from downtown Fairbanks sell a vade- ty of Alaskan arts and crafts, and history buffs enjoy not only the Pioneer Museum and the old buildings, but also the newly renovated Harding Car, The railroad car was used by President Warren G. Harding when he travel- ed in Alaska for the dedication of McKinley Naitonal Park. The car, with its shining brass fixtures and sparkling windows, has been at- tracting lots of attention during the 1988 sum- mer season, according to park officials. Alaskaland was built to house the A-67 Ex- niivversaon;-a celebration of the ry of the purchase of he Alaska from Russia. Its Civic Center serves as the community's convention center and, as - such, has successfully hosted several AML conferences. AML staff and members are looking forward to returning there in November. Local Government the Key to Economic Recovery Ensuring the support of local government is necessary to economic recovery, accord- ing to Dr. tester Thurow, Dean of the School of Business and an economic expert from Massachusetts Institute of Technology. The Alaska State Legislature's joint Committee on Economic Recovery heard testimony at the end of last session from Dr. Thurow, who commented on Alaska's sagging economy and offered his advice for recovery'. Thurow's advice consisted primarily of ensuring the support and maintenance of local govern- ment services. or. Thurow, cautioned the legislators against giving money to private industry without insisting on a share of the profits. in- stead, he asserted, money should be given to local governments to ease the burdens associated with declining property values and a shrinking tax base, Local government services, Thurow explained, must not be allowed to deteriorate, because basic government services are carefully examined by industries evaluating a community. If basic services are not adequate, Thurow said, new industries may not consider locating within the area. Therefore, the State's number one aim should be the maintenance of a viable infrastructure. Dr. Thurow included education as a part of that infrastructure. A highly skilled work force, Thurow argued, is a key to opening the door to economic activity. Industries seek qualified labor and, to the extent that economic development does not occur within the state, Alaska's citizens should have the opportunity, if they need to, to get a good job somewhere else. One of Alaska's pro- ducts, he suggested, is her people, and It would be the ultimate Alaskan failure if the citizens could get a job neither at home nor anywhere else. Alaska should be particularly careful of in- terfering in the real estate market, Thurow, warned. For example, the uncertainty in the market that would result from holding cer- tain substandard housing off the market would act as a deterrent to economic development and a brake on the engine of recovery. The purpose of our state government, Thurow explained, is to benefit the citizens of Alaska, Some of those citizens will live here permanently and some will not, but by servicing the citizenship through the support of local government services, including education, and not through profitless bail- out packages, the State could send a positive message to both residents and industry alike. Training Offered for Newly Elected Officials Those new to elected office, or those who want to brush up their understanding of how Company of Seattle, is a former Assembly Member and Mayor of Juneau, AML Presi- Alaskan local government works and their role as elected officials, should plan to attend dent, and AML Executive Director. She brings years of experience in Alaskan local the annual AML Newly Elected Officials Seminar, scheduled for November 15 and 16 government to her work as a trainer, facilita- tor, and consultant. Thomas, a professor of in Fairbanks. As in the past, the seminar will political science at the University of Alaska take place just prior to the AML Local Southeast, is an expert on Alaskan govern. Government Conference to allow partici- pants to attend both events. ment, with a particular focus on lobbying and interest group politics. He is co -director Ginny Chitwood and Dr. Clive Thomas, who will present the seminar on behalf of of the Alaska Municipal Clerks institute and director of the University of Alaska legislative the League, have planned an excellent and intern program. productive day -and -a -half session. Topics to Seminar presentations will feature local be covered include roles and responsibilities of elected officials; public relations —how to government officials from around the state and opportunities for participants to ask get along with constituents, the press, and questions and learn from their colleagues. legislators; legal issues, including those sur- rounding open vs. closed meetings, execu. The advance registration fee (postmarked tive sessions, and notice requirements; find- by October 21) for the Newly Elected Offl- ing, hiring, and evaluating staff; and the cials Seminar is $75 for participants from elected official's role in the budget process AML member municipalities and $100 for and how to monitor monthly statements. non-members. On -site registration is $100 for Another presentation that promises to be intriguing is a panel discussion by experi. members and $125 for non-members. You can registerhy checkingthe appropriate box enced officials on their expectations of on the Conference Registration Form found :blic office, what they thoughtthey would - be able to do when they ran for election, in this newsletter and -sending the registration fee with your conference registration, or by compared with the reality, what they found they really could do. completing the NEO Registration Furm on brochures that will be sent to all municipal Chitwood, president of Ginny Chitwood & clerks. AML Newletter Pale 3 L L 7 ..J a t F S. � 1 i 1 F . ALASKA MUNICIPAL LEAGUE 36TH ANNUAL AML LOCAL GOVERNMENT CONFERENCE November 1981s Alaskabnd Fairbanks, Alaska TENTATIVE AGENDA Sunday, November 13—Tuesday, November 15 Preconference activities, including association meetings Tuesday, November 1S &00a.m.- 5:00p.m. Newly Elected Officials Seminar 2:00P.m.- 6:00P.m. Registration 5:30p.m.- 7;00p,m. Newly Elected Officials Reception Wednesday, November 16 8:01)a.m.- 5:00p.m. Registration Exhibits 8:30a.m.-11:00a.m. Workshops 8..00 a.m.-11:1S a.m. Newly Elected Officials Seminar 8:30 a.m.-10:30 a.m. AMUIIA Members Breakfast Meeting 11:30 a.m.- 2:00 p.m. Opening Session and luncheon 2:15 p.m.- 5:00 p.m. Policy sections Education Transportation Land Use and Resources 2.15 p.m.- S:W p.m. Training Session Mp.m.- 600p.m- Scheduled Caucus Meetings Evening Host City Reception Thursday, November 17 800a.m.- 5:00p,m. Registration Exhibits 7:30a.m.- 9:00a.m. Breakfast with the Exhibitors 9:00 a.m.-11:30 a.m. Policy Sections Local Government Powers Taxation & Finance Public Utilities 9,00a.m.-11:30a.m. Training Session 11:45 a.m.- 2:00 p m. Luncheon and General Session Nominations Committee Report 2:00 p.m. - 4:00 p.m. Policy Sections Public Safety Elections Economic Development 2:W pm. - 4:00 p.m. Training Session 4:1S p.m. - 5:15 p.m. Candidates Forum 4:15 p.m.- 6:45 p.m. Resolutions Committee Evening Special Event Friday, November 18 8:00 a.m. -11:30 a.m. Registration Exhibits 8:30 a.m. - 10-00 a.m. Workshops, Track A 9:00 a.m. -11:W a.m- Polls open for election of AML Officers and Directors 101S a.m. -11:30 a.m. Workshops, Track B 12:W noon- S:oO p.m. Working Lunch Annual Business Meeting pbilcy Statement presentation and voting Resolutions presentation and voting Announcementof new officers and directors Evening- President's Reception — - Annual Banquet and Dance Saturday, November 19 9:00 a.m. - Noon Meeting of new AML Board of Directors Meeting of new AML Legislative Committee Municipal Associations Will Meet, Train r4l Several of Alaska's municipal associa- tions have scheduled meetings and train• ing sessions in conjunction with the 38th Annual AML Local Government Confer- ence. At press time, AML had confirma- tion that the following Association Members of AML would be meeting just prior to the conference: Alaska Associa- tion of Assessing Officers, Alaska Associa- tion of Municipal Clerks, Alaska Chapter of the American Planning Association, Alaska Conference of Mayors, Alaska Municipal Management Association, and Alaska Municipal Attorneys Association. Other member groups wishing to meet at that time should contact Chrystal Smith at AML. In most cases these organizations are willing to open their training sessions to non-members, and the opportunity to broaden ones horizons by participating Is a good one for many municipal officials. To learn more about the programs planned, contact the president of these organizations (listed in your local Govern- ment Products and Services Directory). In- formation on program content, dates, and fees will be included in the next issue of this publication. Officer, legislative Commit- tee Nominations This year AML members will elect five members of the Board of Directors and a Second Vice -President. Directors are to be elected for Districts 2, 4, 6, and 8 and the At -Large position. Nominations for these positions must be submitted to Executive Director Scott Burgess or the Chair of the Nominations Committee prior to the meeting of the Nominations Committee at the annual conference. information on the nominating process and nomination forms were included with the "Special Bulletin" of June 17. The 1989 Legislative Committee will be appointed by the Incoming AML Presi• dent, Delbert Rexford, after he takes office on November 18. Appointed or elected officials from member municipalities who are interested in serving on this Important AML committee should submit the Legislative Committee nomination form, also included with the June 17 mailing. If you need additional forms or further Information on the process of nominating either a Board member or a Legislative Committee member, please contact AML. Pace 4 September 1988 1n .-- - ,—a Municipal Government Takes Variety of forms �b �ylamieC. Quarrelles Municipal Reference Service National League of Cities Editor's Note. Several municipalities in Alaska are currently taking a second took at the form of government they have chosen. The chief choice seems to be between the w called"weak mayor" form, often actually the "council-manager" form, In which the mayor is a policy kade►but aprofes- skrnal manager has the administrative responsibili- ty, and the "strong mayor" form, in which the elected mayor has day -to day administrative responsibility for city government. The (9flotving article was prepared, in response to a query from AML for badWound information, by staff of the Municipal Reference Service, a member service9f the National League of Gties. A related arWe on forms of government in Alaska can be found on page 13. The structure of municipal government — how it is organized —refers to the way in which the powers and responsibilities of the government are divided among the elected and the appointed city officials. The manner In which a local government is structured is Important, as the operation of local govern• ment is directly affected by its organizational structure. There are currently four basic forms of local government in the United t.. ,,itates: Mayor -Council, Council -Manager, Commission, and Town Meeting. This article will describe each of the four forms of Ed mment, trace the history of each, pre - the perceived advantagesof eacform, illustrate the division of responsibilities characteristic to each form. mWr-council Form of Government The mayor -council form of government was imported from England during the col- onial period. At that time, the colonial coun- cil was all powerful and the mayor was ap- pointed by the colonial governor. The func- tions of city government were few, and the citizens of the newly formed states, having overthrown the British king, were afraid to give powers to a single executive. The prevailing feeling was that an official with few powers could do relatively little damage. Under this "weak power' form, the mayor's administrative powers were very limited in proportion to the powers of the council, especially in the areas of budget making and the appointment and removal of subordinate officers and employees; the mayor was chief executive in name only. _ _ As time passed, American city government underwent many changes: general control over -cities became the responsibility of state legislatures; popular election of city councils was established, though with a restricted electorate; and bicameral councils became common —a characteristic of city govern- SUMMARY OF ADVANTAGES AND DISADVANTAGES OF EACH FORM OF MUNICIPAL GOVERNMENT Advan es Disadvantafites Weak Mayor • long historical tradition • Elected representative council to meet constituents' needs • Has worked well in small and rural localities Strong Mayor • Strong leadership with centralized responsibility • Facilitates policy formulation and implementation Coundl•Manager • Prufeabiundl tndrtager in charge of managing city • Council retains policy control • City run in businesslike manner Commission • Has worked well in emergency situations • Simple organizational structure • Swift direct implementation of policy • Power and responsibility diffused • tack of strong leadership • Political vacuum may lead to "Bossism" and "machinepolitia" • Too much responsibility for one person • Mayor may not be a professional adminstrator • No strong, effirtive political leadership • Tendency for manager to usurp policy functions • Manager maybe a stranger to the city, seeking onlyto advance hislher career • legislative and policy functions held by one body • No checks and balances • No one person with overall administra- tive responsibility • Difficult to elect legislators with administrative abilities Town Meeting/Repres nUtive Town Meeting • Example of pure form of democracy • DUficuitto do long-range planning • Allows all voters a say in how town • Challenging to educate all citizens is run • Preparing warrant maybe cumbersome • Deep historical tradition process • Has worked well, particularly in small • Annual meetings often poorly attended localities ment that continued into the 201h century. During this time, the mayor was not an in- dependentofficial elected by the people, but rather he was selected by the council for a one-year term of largely ceremonial duties. In 1797, Baltimore became the first major city to give its mayor the power to veto coun- cil ordinances. In 1822, Boston adopted direct election of the mayor by the people. In 1830, New York's mayor received an ab- solute veto power. By 1850, the mayor had become the chief administrative officer in many American municipalities. Despite these tendencies to strengthen the mayor, 19th-century local government was dominated by the council and the weak mayor Torm-of-govemment-was the almost universal system of local government in the -United States. Weak Mayor Form of Government Characteristics: The weak mayor form of government is characterized by a powerful, relatively large council which carries out ad- ministrative functions such as budget preparation, makes all major appointments, and approves the hiring and dismissal of lower -level employees. Under this form, there are many council committees, ad• ministratve boards, and commissions which exist and operate with considerable In- dependence of the regular city government. These boards are generally created either to remove a particular municipal function from the political setting or because there is little confidence that city government can ad- minister the service In a businesslike way. In addition to the position of mayor, there are many elective offices, Including some department- heads. The mayor has very restricted powers: limited or no veto power, _limited_ or no appointment and removal power, and no important administrative functions. (Continued on page 12) AML Newsletter Page S L 7 J r Telephone Etiquette Reprinted from Michigan Municipal Review Community relations efforts will be enhanced if employees are well informed about city operations and are included in projects and promotions. Misinformed or disgruntled employees can damage the credibility of city operations because of their close contact with citizens. One of the best ways to help employees to become good representatives of city govern- ment is to study the methods of complaint handling and telephone etiquette. Through employee meetings or seminars, methods of complaint handling can be described, prac- ticed, and set for everyday use. Telephone contacts far outnumber face-to- face contact with residents. Phone calls should be given the same consideration as penunal contacts with respect to individual attention, courtesy, accuracy of information, promptness, and no "passing the buck:' Every time a person answers the phone, the caller draws a visual impression of the operator and the city he or she represents. Here are a few tips to create a positive image. • Answer the phone within the first two rings, if at all possible. Be sure that someone is available to answer the phone at all times duringcity hours. • Voice is a reflection of personality and at- with a pleasant and interested tone of voice. • Speak clearly and distinctly. • Avoid using slang. • identify the office and the individual. Say "Treasury Department, Mary Jones speak- ing," not Just "Hello:' • Speak directly into mouthpiece in a quiet, slow, and distinct voice. Don't carry on a conversation with someone else after answering. • Keep pencil and paper handy at all times to take notes. • Take complete messages. • Speak naturally and pleasantly. Ask the caller to spell the name so that you can get It right. Most people are not offended being asked to spell their name. It shows efficiency and interest in the call. When you know the caller's name, use it. Think of the caller as someone you know and would be pleased to help. • DorPt ask, 'Whds callings" it implies that if the person isn't important enough, you doWt intend to put the call through. Ask in- stead "May I tell the City Treasurer who's callingt" • Keep calls as brief as possible, but dolt be abrupt. • When tranferring a call, remember that no one likes to repeat a story several times. titude toward the caller. Answer the phone Make certain that the caller is connected to CiTr r.BADMISH lim nounrowN ANRRMAI the person who can help or give information needed. If you cannot do this, offer to call the person back with the information or to Glenda Catli, a recent graduate of Washington State University with a degree In business administration, is AML's new secretary. Glenda has lived in Alaska for twelve years and attended the University of Alaska Fairbanks for three years. She's team- ing about the League and its members very quickly and is a welcome addition to our organization. Looking for new ideas? Find them at the Congress of Cities For four days in Decem- ber, Boston— the Hub of the Universe— will be the center of municipal think- ing and policy making. And you should be there. Each day of the 1988 Congress of Cities, will be a once -a - year opportunity for you to: • hear top-notch speakers on today's hottest munlcipal issues, a get down4o-earth advice that can help -you help your city or town, - a- share updo-the-minute ideas- • meet your colleagues from across the country see the latest products and services, and make policies that work for your city and all American cities and towns. 65th Annual Congress of Cities and Exposition December 3.7, 1988 Boston, Massachusetts National League of Cities Please send me full information on the 1988 Congress of Cities Name Title Address City - - - -State Zip Telephone ! 3 - - — -� - Send this coupon to: NLC Conference Registration Center, P.O. Box 17413, Dulles International Airport, Washington, D.C. 20041, or call (202) 626-3100 hP6 September 19M R 7 I 1988 Legislation Affecting Municipalities ,The followins synopses of legislation enacted during the Second Session of the Fif. teenth Legislature summarize bills affecting municipalities and were prepared by the Legislative Affairs Agency. Of course many other bills were also passed and signed into law by the Governor. For information on other legislation, contact your local Legislative Information Office. Chapter � Forfeited under Permits the Department of Public Safety and local law enforcement agencies to ac. cept property and money civilly or criminally forfeited under the federal Controlled Substances Act. Direm that the property and money that is accepted be used by the Department of Public Safety or a local law enforcement agency to enforce state drug laws and substantially similar municipal or- dinances. (HCS SB 103 Cud)) Effective Date: May 9, 1988, retroactive to January 1,1985 Chapter 6-1)rsanization Grant to Aleu- tians East Borough Appropriates $300,000to the organization grant fund for payment as a grant to the Aleutians East Borough. (SB 321) Effective Date: February 26,1988 (- Chapter 10—Approprktbn: lobs BLIL Appropriates $75,106,000 from the general fund for capital projects to provide jobs and to boost the Alaska economy. (CSHB 512(Fin)) Effective Date: March 4,1988 Chapter 11—Alaska Public Utilities Commission Removes certain wholesale power sales agreements and related contracts, and amendments to the agreements or contracts, from review or approval of the Alaska Public Utilities Commission until the long-term debt Incurred for the project is retired, and makes certain rate covenants contained in the agreements or contracts valid and en- forceable. Requires that meetings between the Alaska Power Authority and public utilities concerning certain power sales agreements or certain other matter exemp. ted from Alaska Public Utilities Commission review comply with the state open meetings law. Requires the Alaska Public Utilities Com- minion to allow validated power costs incur. red by a utility under a contract that is ex. empted from commission review in the rates charged by the utility. Prohibits the Alaska Public Ut"ities Commission from considering validated costs or kilowatt-hour sales associated with a United States Department of Defense facility when calculatingpower )cost equalization. (SCS CSHB 356(Res)) Effective Date: March 12,1986; retroactive to November 1, 1987, except for AS 42.05.431(d) Grapier 12—Appropriations: Support of Eduption (K 12) As passed by the legislature, appropriated $626,572,376 from the general fund and other sources to the Department of Educa- tion for support of public education, in- cluding 5508,862,400 for public elementary and secondary education and $117,709,976 for reimbursement of school construction costs. By item veto the governor reduced the amount for reimbursement of school con- struction costs to $109,472,700, reducing the total appropriation to $618,335,100. (HCS CSSB 330(HESS)) Effective Date: July 1,1988 Chapter 13-1.1censing of School Bus Drivers Requires licensing of persons driving a school bus or bus transporting school children only if the bus is driven to or from a public school for certain class or school ac- tivities. Allows a person or motor vehicle to be exempted by regulation. (CSSB 375(Rls) am H) Effective Date: March 27,1988 Chapter 17—Club Licenses to Sell Alcohol Allows new club licenses to be issued to certain nationally chartered clubs and allows alcohol to be used or consumed at off. premises functions if approved by the board. Authorizes the Issuance of new club licenses and relocation of existing club licenses if ap- proved by the local government and if, after the issuance or relocation, there would not be more than one club license for each 1,500 in population or fraction of 1,500 in population. (SCS CSHB 279(Fin)) Effective Date: April 8,1988 Chapter /9—Alaska Children's Trust Fund Establishes the Alaska Childrerfs Trust Fund to provide a continuing source of revenue for grants to community -based programs for the prevention of child abuse and neglect. The fund will consist of legislative appropriations, gifts, bequests, and other contributions. The principal of the fund will be invested by the Commissioner of Revenue, the income will be distributed as grants by a board esta- blished in the office of the governor. (2d SCS CSSSHB 57(Rls)) Effective Date: July 1,1988 Chapter 27—Illegal Alcoholic Beverages Makes illegal manufacture, sale, Posses- sion, or barter of alcoholic beverages in an area that has adopted a local option law under AS O4.11.49044.11.500, a class C felony. (HCS SCSSB 51 Cud)) Effective Date: August 3,1988 Chapter 30-Munkipal Sales and Use Taxes Establishes priority for a recorded sales tax lien over other liens except liens for proper- - ty taxes -and- special assessments, liens perfected before the recording, and certain mechanics' and materiaimens' liens. (HCS CSSS 282 Cud)) Effective Date: July 1,1988 Chapter 34—Employment Protection for luron Prohibits an employer from depriving an employee of employment or threatening, coercing, or penalizing an employee because of an employeds jury service. Permits an employee to bring a civil action for lost wages, damages, and reinstatement against an employer who violates this law. (HCS SB 246Cud9 Effective Date: August 10,1988 Chapter 35—Dhsolution of a Municipality Requires the Local Boundary Commission to accept a dissolution petition signed by a number of voters of the municipality pro- posed to be dissolved greater than 50 percent of the number of votes cast in the last general election if the commission determines that dissolution of the municipality is in the best interest of the state and other requirements for dissolution are met. Changes the time within which some dissolution elections must be held. Requires approval of dissolution by a number of voter greater than SO percent of the number of people registered to vote in the municipality. Permits the state, if it succeeds to a dissolved municipality, to enter into a contract for the performance of duties or powers in the area of the dissolved municipality. (CSSB 50(Rls)am) Effective Date: August 10,1988 Chapter 38—Peocttretttent Code Eaemptiora Exempts from the state procurement code the purchase of books, book binding services, newspapers, periodicals, audio-visual materials, network information services ac- cess, approval plans, professional member• ships, archival materials, objects of art, and items for museum or archival acquisition hav- ing cultural, historial, or archaeological significance. (SCSCSHB 537(SA)) Effective Date: August 12,1988 chapter 40—/lacers to Employment Sectttity Records Requires the Department of Labor to make information obtained In administering the employment security program available to the administration of a joint administered defined pension benefit plan to verify whether a person receiving a retirement benefit was employed in the previous six months. Requires the administrator to keep the information confidential except if it is rele- vant to certain legal proceedings. Requires the Department of labor to report the results of the department's analysis of the noneesiden- tidl hiring practices of all public and private employer whoemploy at least 20employees, based on employment security Information. Prohibits the department from releasing infor- mation to a pension plan administrator or concerning nonresident hiringpractk:es ffthe United States Secretary of Labor rules the release would be -grounds to find the state in noncompliance with federal- law. (CSS SB 274) Effective Date: August 12,1988 (Continued on page 8) AML Newsktter rap 7 mow: tr;: r-r i Municipal Legislation--1988 (Continued from page 7) Chapter 52—Highways and Traffic Control Makes it a class B misdemeanor for a per- son to drive around a lawful barrier on a highway. Prohibits an unauthorized person from possessing an official traffic control device. Makes it a class A misdemeanor for a person to move or damage an official traffic control device or to damage work on a highway that is under construction. Allows forfeiture of property, other than motor vehicles, used by a person who violates these laws. (HCS CSSB 170ud)) Effective Date: August 23,1988 Chapter 53—Public Access to Recreation Areas Requires the establishment generally of rights.oil-way or easements to waterways ap• proximately once each mile when the Com- missioner of Natural Resources disposes of interests in state land. hermits the Commis- sioner of Natural Resources to exchange land under AS 38.50 to create the access. Establishes a "public access fund" for the purpose of obtainingpublic access to water- ways. (HCS CSSB 62(Fin)) Effective Date: May 26, 1988 Chapter 63—Rccyded Product Preference Requires that recycled state products be used in state, school district, and municipal procurements when the products are of comparable quality, of equivalent price, and appropriate for the intended use. Reduces the amount of a bid or proposal that designates the use of a recycled state pro- duct. Penalizes a successful bidder or offeror who receives the preference decrease and then fails to use recycled state Products. (CSHB 52300) Effective Date: August 24,1988 Chapter 64—Agdcultuie/Fishedes Product Preference Requires school districts and municipalities that receive state money to purchase and use agricultural and fisheries products harvested in the state for their contracts, except under certain circumstances specified in the Act. (HCS CSSB 356(Fin)) Effective Date: May 27,1988 Chapter 77—Employment Discrimination in Education Prohibits discrimination against an employee in public education in the state on the basis of race. Requires the Board of Education, the Board of Regents, and each school board to enforce the prohibition. (HB 399) Effective Date: August 26,1986 Chapter 79 Workers' Compensation Substantially revises the states workers' compensation laws. Requires insurers tc establish and maintain a workplace safety rate reduction program. Provides for denia' of benefits in certain instances to ar employee who knowingly files a false employment application. Establishes new ad- minstrative duties and employer and employee responsibilities concerning rehabilitation of Injured workers. Provides in- creased penalties for failure to obtain and maintain insurance. Amends the re- quirements for receiving covered medical treatment. Establishes new provisions regard• ing hearings by the Workers' Compensation Board. Excludes mental stress injuries from the presumption of compensabllity and from coverage in certain cases. Establishes as cow clusive a finding of fact by the board, except for a narrow exception. Amends penalties for failure to file reports or pay compensation. Establishes new rates of compensation for disability claim. Prohibits insurers from filing for a workers' compensation rate increase until January 1,1990. (CCS SB 322) Effective Date: Sections 42 and 50 take ef. fect June 1, 1988. Sections 1-41 and 43.49 take effect July 1, 1988. Chapter 83—Document Recording Establishes certain criteria that the state recorders office must use when determining whether a document may be recorded. Pro- hibits regulations that restrict document recording unless they are required by statute or are necessary to further a legitimate ad- ministrative need of the recorder. (SCS CSHB 266 oud)) Effective Date: August 30,1988 Chapter 89—Retirement Coverage Repur- chases after Levy Permits former members of the Teachers' Retirement System, the Judicial Retirement System, the Public Employees' Retirement System, and the former Elected Public Of- ficers Retirement System who received an In. voluntary refund of the individual's retirement account because of a levy to repay the amount levied together with interest and restore rights under the retirement system (H8 353) Effective Date: August 30,1988 Chapter 90—Emergency Services Volunteers; Immunity Extends "Good Samadtad' Immunity from civil liability to volunteers for emergency ser- vices organizations. Does not cover persons who are paid more than $10 a day and $SW a year for their services. Does not provide im- munity for conduct that Is grossly negligent, reckless, or intentional, or for the use of ad- vanced life support techniques by a person who is not authorized by law to use them. (CSHB 340 pud)) Effective Date: August 30,1988 Chapter 94—Regional Economic Assistance Requires the Department of Commerce and Economic Development to assist in the formation of regional development organiza- tions and provide assistance to those organizations. Authorizes the department to make matching grants to organizations for projects the department determines will be of value in encouraging economic develop- ment. Places restrictions on the total amount of grant money that can be made available to one organization and limits the total number of grants that can be made during a year. Repeals the grants program on July 1, 1993 (CSSB 480(Fin)) Effective Date: June 4,1988 Chapter 95—Noncerllficated Education Employees Requires a school board to onnegotiatewith AML Executive Director Scott Burgess looks on as Governor Steve Cowper signs 56 480, the Regional Economic Assistance Program bill, which provides funding for the Alaska Regional Development Organizations Programs (ARDOR). Also pictured are Larry Merculieffand Tom Lawson of the Division of Business Development, Department of Commerce and Economic Development, and/uneau_Mayor-Ernie Polley. SB 480 was introduced by_the Senate Special Committee on Local and Regional Economic Opportunity, chaired by Senator A►li;U Sturgulewski, and was strongly supported by the League in the 1988 session. The ARDOR pro- gram assists economic development at the regional and local levels through a network of regional organizations. September 1988 i Page 8 a i t a i 1 r MunldpW UWdation-1988 readability of election materials submitted to be given d equminleconsideration development be (Continued from pap8) Ethe Effective ere. aSCJune 5, 47(Fin)i encouraged through reasonable and consis• Effective Date: tune 5,1988 tent regulations and stipulations; mineral ncertificated school district employees on Chapter 106_Changa in Various Retire- development be considered in developing a fattersofwages,houra,anddhertermsand ment9ysterrrs statewide transportation infrastructure; conditions of employment. (CSHB 170(Fin)) Makes miscellaneous changes in laws mineral development be encouraged through Effective Date: September 1,19M related to various retirement systems, in- public information and education, scientific Chapter 97—Grants For Energy Ef 1clW cluding the Teachers' Retirement System, research, technical studies, and the Involve - judicial judicial Retirement System, Public ment of the University of Alaska; and Establishes as the policy of the state the en- Employees' Retirement System WERS), and economic development I encouraged with couragement of the building of homes that Elected Public Officers Retirement System respect to Pacific Rim nations. Requires a meet the energy efficient standards of the (EPORS), includes amendments related to review by each department, board, etc., of its Alaska Craftsman Home Program as well as teachers of Alaska Native language and statutory authority, administrative regulations, the assistance in education, planning, and culture, benefits of a judge's former spouse, and procedures applicable to mineral ex - development of this standard of building in leaves of absence, temporary employment, ploration and development to determine cooperation with the building industry. prior service of certain persons with whether there are deficiencies or inconsisten- Establishes the Alaska Energy Efficient Home employers who were not part of PERS, and ctes when considered with the policy esta- Grant Fund for retrofitting existing single alternative benefits for members of EPORS. blished. Requires reports to the Commis - family dwellings or the construction of new (HCS ive D te: Jun)) Covee f of o and Legislural ature with recand ommen toeda- single (amity- dwellings that meet criteria Effective Date tune 5,1988, except for sec. established by the Commissioner of Com• 28, which takes effect July 1,1988 lions for solutions to the difficulties. (CCS SS =ity and Regional Affairs. (CSSB spay 11l—Municipal Derebpmart Pro. Effective Date: tune 9,1988 30ectiveA)) �ho�aska Municipal Bond lank Effective Date September 1,1988 chapter 143—Hazardous Chemicals, Chapter "—Games of Chance and Con- Permits a second class borough on a non- Material Waste tab of Skill areawide basis to exercise powers related to Expands requirements (or hazardous Makes changes in the conditions under development and redevelopment projects. material and waste reporting and warning which rinmkipalitiesand nonprofit organiza. Authorizes municipalities to issue bonds for placards to include hazardouschemicals. Ra- tions may conduct games of chance and development or redevelopment pugroses. quires businesses and govemmerst agn+cks in contests of skill. Permits them to contract Permits municipalities to provide that tax in. municipalities to follow local placarding re - with other persons to operate the games and crements be used to repay indebtedness in, quirements. Directs the Department of Public contests, under certain conditions. Allows curved for a development or redevelopment Safety to adopt the warning placard system them to operate pull -tab games. Establishes project. Requires additional security 9 tax In- designed by the National Fire Protection various fees, limitations, and reporting re- crements are pledged. Permits state money adopt Association, ve designs anallows dmoremunicipalities to Aftuirements for permittees and operators. payable to a municipatity to be paid instead requirements. Amends reporting stringent SCS CSHB 29911.80) to the Alaska Municipal Bond Bank if the rticulen with respectto Effective Datere- : September 2,1988 municipality is in default on a debt to the quirements, pa HESS)am) bond bank. Expands the types of municipal transshipment facilities. (CSHB S16( Chapter 100.-State Action Notice to Com• debts that the bond bank may deal with. Effective Date: September 6,1988 munity Councils (CCS HB 538) Requires certain state agencies to provide Effective Date June 8,1988 Chapter 14S—Aquatic Farming notice of proposed state action to communi• Provides a new licensing, permitting, and ty councils and to nonprofit community Chapter 123—Surrey Requirements for regulatory scheme for the licensing, shellfish organizations that have requested notice. In- State Land Disposal and aAtlantquatic salmon and Prohibits rohibextenshe moratorithe um cludes the Alcoof holic Beverage Control Requires an official cadastral survey before on finfish farming until July 1, 1990. Board, the Commissioner of Corrections the issuance of a long-term lease under AS Establishes the Alaska Finfish Farming Task regardriI prison facility siting, and the notice 38.05.070 or of a patent to state land. Re. rid be Force to study issues relating to finflsh farming �urcesf under AS 38.05.945. Commissioner ISCS CSHB qe tablished befor;s an official e Ian Imay bar ye offered in the state and to report its findings and 297(C&RA) under AS 38.05.055-38.05.057, AS 38.08, or recommendations to the legislature. (HCS Effective Date: September 2,1988 AS 38.09. Amends other laws relating to the �g 514(R1s)) responsibility of the Commissioner of Effective Date: June 9,1988 Chapter 101—Certain Plumbing Inetaila- Natural Resources to survey state land before Chapter 150.—insurance for Akoholism or tons and Repairs Its disposal. (SCS CSHB 11 Win)) Except for leaded joints necessary to repair Effective Date: June 9,1988 Orug Abuse cast iron pipe, prohibits the use of a pipe or Requires insurers and hospital or medical pipe fining containing more than 8.0 percent Chapter 128—Fisheries Tax Colkdion , service corporations to Include coverage for lead, or of solder or flux containing more Increases state cooperation with treatment of alcoholism or drug abuse in than 0.2 percent lead in the installation or municipalities in the collection of municipal group disability insurance policies or repair of public water systems or plumbing taxes that are based on the value of fisheries subscriber contracts. Provides that an insured that provides water for human consumption. resources by establishing procedures under or subscriber with fewer than 20 permanent (CSSB 498(nn)(tide am)) which the Department of Revenue must res- full-time employees Is exempt from the man - Effective Date: June 5,1986 pond to a request from a municipal mayor, dory coverage m uirement, but the insurer, manager, or administrator to verity informa- hospital, or medica service corporation is re. Chapter .104 . Election _ Proposition/ tion concerning state fisheries tax collections quired to offer the coverage. (CSSB 363(Fin)) Materials P�eparafion and to permit inspection of certain relevant Effective Date: January 1,1989 - - - Requires that propositions submitted to the gate tax records. (HB 486) -voters as initiatives, referenda, and constitu- E ff��ate; June 9,1988 _ Chapter 1S1 Tax Erremption for Lore { Atonal amendments be phrased so that a Income Housing "Yes" vote will adopt the initiative or con- Chapter 138—State Mineral Policy Permits a municipality to exempt from tax- stitutional amendments and reject the matter Declares as the mineral policy of the state (Continued on page 10) referred. Adopts a policy regarding the that mineral exploration and development AML L 9 7 i Municipal Legislation---i986 (Continu from page 9) ation certain interests in low-income hous- Ing. (CSSB 500(Rls)) Effective Date: January 1,1989 Chapter tbru Final clear tog Operating fludget Appropriates money for the operating ex- penses of state government for the fiscal year ending June 30, 1989. As passed by the legislature, appropriated $2,217,180,600 with $1,547,195,400 from the general fund and i669,985,200 in other funds, in addition to unspecified amounts for program receipts, insurance settlements, debt service, and per- manent fund dividends. By line item veto, the governor reduced the amount ap- propriated by $6,498,900. (CCS SO 432) Effective Date: July 1,1988 Chapter 156—Sale and Regulation of Alcoholic leverages Establishes a presumption of possession of alcohol for sale, lithe person possesses more than a certain amount in an area where sale is prohibited. Prohibits purchase of alcohol from a person who is not licensed. Prohibits a package store licensee from shipping more than 18 liters of distilled spirits each month to a purchaser in an area that has restricted sale under certain local option laws. Umits local options elections to remove a restriction on sake, importation, or possession of alcohol to not more than once every 12 months. Pro- hibits a person who receives compensation for delivery of alcohol from knowingly delivering alcohol to a drunken person. Im. poses labeling and shipping requirements on transportation of certain amounts of alcohol. Authorizes municipalities to adopt or- dinances governing importation of alcohol and to impose sates and use taxes on alcohol if the sale of alcohol has been prohibited by local option law. (HCS CSSB 371(jud) am HI Effective Date: September 14,1988 Cpt 1S8—Outdoor Advertising along Authorizes outdoor advertising on bus benches and bus shelters within the right-of- way of an interstate, primary, or secondary highway if the benches or shelters are lo- cated within a borough or unified munici- pality and the buses that stop at that location operate during the entire year. (SB 421 am H) Effective Date: June 17,1986 Chapter 161—Revision of Document amnling Revises the state system of recording documents relating to real property, in- cluding the system for recording federal liens: -Authorizes the --Commissioner of Natural Resources to establish a document recordingsystern that would allow members of the public to also record other documents for safekeeping. Makes the revised system ef- fective January 1,1989. (HCS CSSB 304(jud)) Effective Date: January 1,1989. Chapter 163—Contractors and Subcontractors Prohibits a successful bidder on a state construction project under the State Pro- curement Code from using a subcontractor who does not have a valid Alaska business license and a valid certificate of registration under AS 08.18 when the bid is opened. Also prohibits a contractor from soliciting or con- tracting with a person to work as a specialty contractor If the person is required to be registered under AS 08.18, but is not registered. (CSSB 334(L&C) am H) Effective Date: September 14,1988 Chapter ss—State Toll "sand Fadildes Authorizes construction of tunnels as state toll facilities. Amends proicedures for review of toll facility projects before revenue bonds are sold to finance the project. Requires the Department of Transportation and Public Facilities to construct the Copper River Highway as a toll Facility if the department finds that the highway is financially feasible and prepares a finance plan and if federal funds are available for reconstruction and repair of the Million Dollar Bridge over the Copper River. (SCSCSHB 101(Fin) am S) Effective Date: September 15,1988 Chapter ne—Permissive and Nonpeti missive Use of Land Authorizes treble damages for trespass in- volving the gathering of geotechnical data or taking of mineral resources, if the trespass was unintentional or involuntary, only actual damages may be recovered. Provides that an owner of unimproved land is not liable in tort, except for an act or omission that con- stitutes gross negligence or reckless or Inten- tional conduct, for -damages to or death of another who enters onto the land for recrea- tion if the person entering the land had no responsibility to compensate the owner for the persoWs use or occupancy of the land. Defines "unimproved land." Defines what a notice against trespass should contain. (SCS CSSSHB 1987(Res)) Effective Date: September 15,1988 Chapter 170—Enfomernent of Alcohol Con- twiLaws Provides for unit of state troopers to en- force alcoholic beverage control law with particular emphasis on combating bootlegg- ing and possession of alcoholic beverages in 'dry" communities. Authorizes the Depart- ment of Public Safety to offer rewards and provide grants to communities for reward programs, for information on violators of alcoholic beverage control laws. (CSHB 386Uud)) Effective Date: July 1,1988 Chapter-171—Approprhtthm: Enforce- ment of Alcoholic Laws Appropriates $245,000 From the general fund to the Department of Public Safety for enforcement of alcoholic beverage control laws and for grants to municipalities and established villages for rewards for informa- tion on violators of alcoholic beverage control laws. (SCSCSHB 387(Fin))Effective Date: September IS, 1988 Chapter 172—Appropriati0n: Iran P^ grams &capital Projetis Appropriates $337,990,000, Including $104,957,900 from the general fund and $233,032,100 from other funds, for capital projects In the state and for loan programs. (CCS SEI 1") Effective Date: July i, 988 Chapter 173—Appropriation: Reap- prepriatbnslSuppkntentais As passed by the legislature, appropriated $57,386,344 from the general fund and $22,687,021 from other funds to pay addi- tional expenses of various state programs dur- ing fiscal year 1988 and prior fiscal years. By line item veto, the governor reduced the general fund appropriations for fiscal year 1988 by $22,700. Also makes, amends, transfers, and repeals appropriations to make funds available for other purposes. By line item veto, the governor also reduced or eliminated some of these appropriations and repeals of appropriations. (SCS HB 543(fin)) Effective Date: July 9, 1988, except for sec. 260(b), which takes effect September 1.1988 Oil Heating Training Grants Available The Department of Community and Regional Affairs has issued grant applications for the Rural Residential Oil Heating Training Program. The goal of the program is to have a trained oil heat technician with the necessary test equipment in every communi. ty with oil heat by 1991. An indirect goal is to have every powered oil burner in Alaska operating at a minimum of 80 percent steady-state efficiency. An applicant for a grant under the program must be a governmental organization, native nonprofit corporation, regional HUD hous- ing authority, or school district. Grants will be given regionally. The applicant will be ex- pected to provide training for a technician from each community in the region during Phase I of the project. In Phase II, trainees who are selected to provide homeowner counseling on oil heating systems in their communities will be provided orientation training. - for -more information about the program, contact Norman Bair, Project Manager, at 5634955. Completed applications must be submitted no later than September 30,1980. Page 10 September 1988 L L 0 r From the AML Library -- Recently received from the International �'�stitute of Municipal Clerks in the Meeting ai drain/rtration Handbool6 a guide to C preparing agendas and minutes and to ad• r ministering meetings. This helpful little book offers basic formats for agendas and minutes that can be modified and adjusted according t to appropriate state and municipal laws, d policies, and experience. It also outlines the f principles of effective meeting administra- t tion, from such things as how and when to calendar difficult, controversial, or lengthy business items to what supplies one should have an hand. Available from the AML Len- ding library or from IIMC at no extra charge f to IIMC members or $3 for non-members. F Man4ft Fite Services is a publication of the international City Management Associa• tion. The book Is written from a managerial rather than a technical perspective. It seeks to identify and discuss the key managerial t issues that face the fire chief and other departmental managers, the chief ad- ministrative officer, and local elected of- ficials. While the book encompasses relevant I theory and research, it does so primarily as background for practical management deci- sion making. The new edition of (Managing Fire Sec vlee& available from the AML Lending library or from ICMA, reflects recent ::hanger in fire prevention and suppression technology as well as expanded respon- sibilities for fire departments in the areas of emergency medical services, planning for and responding to hazardous materials in• cidenis, and enforcement of local fire and building codes. it focuses, as well, on the constants that characterize sound manage- ment practice in a changing environment. IN fa Software Reference Guide 1986, from ICMA, is compiled for the local government manager, department head, information ser- vices director, or supervisor who is looking for software to accomplish a particular job. In the present competitive computing en- vironment, choosing software Is a formidable task. Hardware, op�ratingsystems, and data management software are offering new possibilities almost daily. Software vendors are bringing into the market a confusing ar- ray of programs and packages. The Software Reference Guide is intended to be a handy resource, listing descriptions of hundreds of available software programs designed specifically for local government applications and directing the readerto ether sources of Information in specific areas. The 1988 edi- tion reviews_ software packages for clerks, economic development departments,- ! Rnance, and management functions, among others, and is much expanded from the first edition. Available from the AML Lending Library or from ICMA. Air Fare Discounts Available Once again this year AML has arranged cline discounts for travelers to the Annual onference. At press time we had received esponses from two, Alaska and Delta, and were awaiting a response from MarkAir. Alaska Airlines has authorized group rates tIG10R or 8010R) for AML conference elegates. The airlines will provide coupons or these rates to AML, and AML will send hem to registered delegates. The coupons be good from November 12 through November 20 and will work for flights from Alaska Airlines cities within Alaska to Fair• banks and return. Representative estimated include Juneau -Fairbanks, $314; Anchorage•Fairbanks, $112; and Bethel. airbanks, $437. Delta Meknes, a newcomer to AML span- sorshiA is prepared to offer conference delegates S percent off their published domestic fares, if travelers meet the condf• Ions of the fare. For example, a traveler vrould have to meet the requirements of the Super Saver fare, but would be given a S per• cent discount off that fan:. Those not qualify ng for published discounts would receive a 40 percent discount on Delta's unrestricted round trip coach fares. Tickets for this dis- count would have to be purchased at least seven days prior to departure, with changes to the originating flight made seven days in advance and return trip changes possible at any time. To take advantage of these fares, travel would have to be round trip on Delta. The valid travel dates include originating travel up to three days prior to the meeting and returning within one day of the meeting. Those wishing to take advantage of the special Delta fares need to call 1.100-2214212, ask for the Special Meetings Network, and refer to File Number R:13011. Approximate fares with 40 percent off regular fares are Juneau•Fairbanks, $265, and Anchorage -Fairbanks, 5140. Kevin Smith has been appointed to the new full4ime position of StaffAssoclate, approved by the Board at its August meeting. Board Action (Continued from page 1) • Resolution of the school constitution debt reimbursement issue by creation of a grant program for future construction with assurance of continued full reimburse• ment for districts that have already in- curred debt for school. • An increase in the minimum entitlement under the revenue sharing program from $25,000 ro 50,000 with funding to hold other municipalities harmless. • Legislation to reverse the Implied liability of- municipalities caused by the Busby decision regarding taking incapacitated persons into protective custody. • Revisions of the municipal election code to address the inconsistencies and needed changes identified in the AML Policy Statement. Members should ask legislative candidates to address these municipal issues prior to the November elections. If you have questions on these positions, more information is available from your AML staff in Juneau. The Board also approved a draft 1989 Policy Statement with changes recommend- ed by the AML Legislative Committee. The draft 1989 Policy Statement will be sent to member communities soon for their review prior to the conference In November. In other action, Board members adopted a budget and work plan for AML's next year, which begins October 1. Included in their action was approval of a new, full-time Staff Associate position. The Board decided that although costs of running the league have gone up they would not seek a dues increase for 1989, preferring instead to spend a por- tion of the Leaguers cash reserves. The invitation of the City and Borough of Juneau to host the 1989 conference was reviewed and accepted. The Cities of Kenai and Soldoina and the Kenai Peninsula Borough also submitted an invitation for 1989, and they indicated an interest in being considered again for 1990 or 1991. The Board adopted a resolution urging a change in the federal Payments in Lieu of Taxes (PILT) legislation to extend eligibility for this program to all Alaskan boroughs. Under terms of the act establishing the PiLT pro- gram, only Alaskan boroughs in existence In 1976 wereeligible forthesepaymentsto help - compensate for providing services to federal lands. The Northwest Arctic Borough and the Aleutians Fast Borough are, thus, not eligible. - The resolution was sent to the Congressional delegation. AML Newsletter Page 11 7 J D Forms of Government (Continued from page 5) Advantages and Disadvantages Those favoring the weak mayor form argue that this is the original approach to municipal govern- ment and that there Is a long historical tradi- tion and much exeprience upon which to build. it has worked well In many small com- munities, particularly in rural areas. Pro- ponents conclude that this form's represen- tative council, with maximum authority, has a real potential to meet the needs ofits constituents. Opponents of the weak mayor form argue that under this plan responsibility, as well as power, are diffused. There is a lack of strong leadership, and the form in its pure version makes no provision for professional admini- stration. Particularly in larger cities, the political vacuum caused by adherence to this form invites "bossism," "machine" politics, and various types of political manipulation. Cooperative working - agreements are of great importance in the weak mayor form of government, if these in- formal agreements break down, the local government is unable to accomplish its tasks. strong Mayor Form of Government In the latter part of the 19th century, larger American cities sought to simplify their organizational structure, to strengthen the of- fice of the mayor, and to eliminate some or i all of the separately elected municipal 1 oficials. Thus, the "strong mayor" form of E municipal government emerged. •{ In 1880, the city of Brooklyn, New York, adopted the strong mayor form, and in 1698, New York City followed. Anti -bossism was a primary motivation, as larger cities looked for Y a strong, active, and honest administration. The strong mayor, a responsible leader politically accountable to all the people, could in many cases act as a foil to the "machine." Chanct&Mcw The strong mayor plan takes the executive power away from the council and vests it in the mayor. It rejects the widespread scattering of administrative responsibilities, provides for an executive budget, and enables the mayor to assume direction of an integrated administrative structure. The strong mayor Is not a member of the council but does exercise veto power over council actions. As chief executive of the city, the strong mayor is granted authority to appoint and to remove department heads and other officials. The city council is charged with legislative functions and the plethora of boards and commissions.found. under the weak mayor form is absent from the strong mayor structure. Advantages and Disadvantages: Propo- nents of the strong mayor form contend that it provkfes strong political and administrative leadership for the city. it does away with the broad division of responsibilities that is one perceived defect of the weak mayor system. The strong mayor has both the responsibility for running the city and the authority necessary to carry out this task. Policy for- mulation and implementation are often facilitated by this form. The council, relieved of day-to-day administrative tasks, can focus on the major public needs of the city. Opponents of the strong mayor plan con- tend that one person is handling both political and administrative functions and that there is no assurance that the mayor will have professional administrative capabilities. Many cities, particularly larger ones, have overcome this argument by permitting the mayor to appoint a professional ad- ministrator. The mayor remains the center of government leadership and public responsibility. Council -Manager Form of Government The council-manager plan traces its roots to Staunton, Mfginia, where, In 1908, the bicameral city council enacted an ordinance creating the office of "general manager." Dayton, Ohio, was the first relatively large ci- ty to put the manager form into opera- tion: in 1914, a commission -manager form was installed to help the city cope with damages caused by a major flood. In the loth century, the council-manager form of municipal government has been the fastest growing form. Characteristics The council-manager form is similar in structure to a private corpora- tion, with the voters, council, and manager being organizationally similar to the stockholders, board of directors, and cor- porate general manager. There are few elec- tive officers —usually only the council —with the mayor generally selected by and from the council meetings. The policymaking legislative body is the council. The manager Is a full-time professional executive charged with the administration of municipal affairs, appointed by, responsible to, and subject to dismissal by the council. The manager's tenure is based solely on performance. ministrator. They argue that the manager may be a transitory stranger in charge of municipal affairs, using the city only as rung on a career ladder. commission form of Government Between 1870 and 1891, several southern cities, among them New Orleans and Mobile, Alabama, had a commission form of government, but they subsequently aban- doned it. In 1901, Galveston, Texas, adopted the commission form with three commis- sioners to be appointed by the governor and two to be elected by the voters. Within three years, all five comissioners' positions were made elective by judicial decision. Galveston's successful rebuilding of its hurricane -devastated city under this new form led to its adoption in Des Moines, Iowa, in 1907. Innovations were added, resulting in what became known as the Des Moines Plan, a commission form of government plus the initiative, referendum, recall petitions, non -partisan elections, and civil service merit system. Charaateristicst Commission government provides for the election of a small number of commissioners (typically three, five, or seven) who hold all legislative and executive powers of city government. Collectively, sit- ting as a single body, the commissioners form the duties of the city council — resolutions, enact ordinances, levy taxes, and appropriate funds. Individually, each com- missioner is the administrative head of a ma- jor city department, such as public works, police, fire, health, or finance. Each city ac- tivity is thus under the authority of only one commissioner. In its role as city council, the commission Is presided over by one of its members, who Is usually titled mayor. The mayor may be elected directly by the people or selected by the commission. The mayor has no power of veto and no administrative powers beyond the city department which he oversees. Advantages and Disadvantages Propo- nents of the commission form of municipal government point out that historically this Advantages and Disadvantages: Propo- nents of the council-manager plan point out that the presence of a professional manager In charge of the city allows the city to be run In a businesslike way. As the peoples respresentatives, the council retains control of policy. __Opponents of the plan cite the lack of strong, effective political leadership and say that the manager is not directly accountable to the electorate, -who-have-only indirect control over their council -appointed ad - plan has worked extremely well in emergen- cy situations and that city government is simplified by the centralization of power and authority. Commission government gives to a few people the power and authority to run city government, avoiding possible abuses inherent in giving all powers to one person. The commission plan usually includes methods for direct public intervention in government -initiative; referendum, and.--.-,' recall. V1 Opponents of the plan point out that there - (Continued on page 13) t�Page1Z September 1988 F S+r" i L J 10 Forms of Government (C_onanued from page 12) rsoth too much and too little centraliza. tion: too much in placing both the legislative and administrative powers in the same hands, and too little because the whole city administration is neatly divided into a part for each commissioner. Opponents also cite a lack of effective leadership, with no one having overall administrative respon- sibility, and the difficulty of selecting a per- son who is qualified to both respresent the voters interests m the city council and be a competent professional administrator to head up a city government department. Toevn Meetltsg - The town meeting form of government, found almost exclusively in the New England states, is a form of government that also has its roots in colonial America. It is the pure form of dined democracy, as every voter in the community has the opportunity to par- ticipate In the lawmaking process by express- ing his or her own views, trying to convince other citizens, and voting on public matters. In New England, the town is the principal kind of rural or noncity government. The town is an area of government that includes whatever villages there may be, plus the ppen country. Except where a municipality a been incorporated, the town performs most of the functions a county does elsewhere. As the population of a community in- creases, a modification of this form may be Instituted, Known as the Reppresentative Town Meeting, this newer plan features town voters choosing a number of citizens (usually one hundred or more) to represent them at meetings. Ark voter may still attend and par- ticipate in the discussions, but only the representatives may vote. In localities operating under the Representative Town Meeting, selectmen and other officers are also elected to supervise the administration of the local laws. Citaractedaticv Town meeting assemblies usually choose a board of selectmen of three to five members who carry on the business of the town between meetings, have charge of town property, grant licenses, supervise other town officials, and call special town meetings. A town clerk, treasurer, assessor, constable, school board, and other officers are eledesl_by the voters or appointed by the selectmen. The town meeting often elects a finance committee to prepare the town budget. -- - - - - Town meetings, both regular and special, ust be preceded by a warrant, an official document that gives notice of the date, time, and location of the meeting, specifies the items to be discussed at the meeting, and authorizes the meeting. The preparation and Issue of the warrant is primarily a duty of the selectmen. Advantages and Disadvantages: Pro- pronents of the town meeting form of government point out that this structure represents a pure form of democracy, in that all registered voters may participate fully in any meeting. Outside of the structure for an. nual meetings the town meeting form of organization resembles the weak mayor. council form, except there is no mayor, only a president of the council, and no one has veto power. More and more commonly, the selectmen choose a manager and assign routine administrative tasks to him or her. There are also some difficulties with this form of government. It is difficult for the town government to do much long range planning, and meeting attendance Is often very low because citizens cannot or will not spend the time (often more than a day) that the meeting occupies. It is also difficult to en- sure that citizens understand the complex issues and have sufficient background to vote responsibly on issues placed before them. Preparation of the warrant announc- ing the meeting can become a laborious task, especially regarding the budget: each line item of the budget becomes a separate article of business on the agenda. Despite these difficulties, the town meeting is still a viable form of local government in many municipalities. Some have overcome the challenges of this form by appointing a Town Manager or an Administrative Assistant to handle day-to-day operations of their communities. Trends in form Usage The form of municipal government used by a locality is a tool; It affects how a community is governed and which groups and Interests in the municipality are most influential. Local cultural circumstances help determine the type of structure that is used and how the form is modified to fit the local situation. For these reasons, there is no one form of government that is appropriate to all municipalities. In the 23 very large cities in the United States with populations of 500,000 or more (based on 1986 Bureau of the Census estimates),19 have the mayor -council form of government, while the remaining 4 have council-manager government. Among all 182 cities with a population of 100,000 or more, 74 (40.7%) are organized under the mayor-councfi form,-100-(54.9%).employ the - council -manager form, and 8 (4.4%) use the commission form. None of these cities has a town meeting form of government. These percentages of cities employing the various forms do not hold when examining smaller cities. A report of 4,360 cities with populations of 5,000 or more contained in the 1987 Munkpal Yearbook finds that 2,082 (47.9%) have mayor -council form, 1,866 (42.8%) have council-manager form, 13S (3%) have commission form, and 277 (6.3%) have the town meeting form of municipal government. Alaska's Municipalities Split on Form of Government Forty-two of Alaska's cities and six of Its boroughs have adopted the manager torn of government, according to information reported in the 1988 Municipal Officials Directory, These communities range in size and type from Anchorage, a unified home rule municipality, to small second class titles such as Scammon Bay and St. Paul. Alaska Statutes (AS 29.20.220) provide that In general law municipalities the executive power is vested in the mayor, unless the manager form of government has been adopted by a vote of the citizens. Home rule municipalities may establish their own form of government, but none have chosen other than a mayor -council or manager -council form. Several Alaskan municipalities that do not have the manager form of government do, however, have professional administrators, with these persons reporting to the mayor rather than the council or assembly. Mayon of boroughs, unified and home rule municipalities, and first class cities areelected directly by the citizens. Mayon of second class cities are elected by and from the council. AS 29.20.460-.520 provides for adoption of the manager plan and outlines the manager's duties. According to statute, a manager shall be appointed by the governing body and shall serve at Its pleasure. Home rule municipalities may establish their own or- dinances govemingemployment and retpow sibilkles of managers. AML-staff are aware of two Alaskan municipalities, Juneau and Fairbanks, that ate considering a change to the strong mayor form of government. AML Newsletter Page 18 J F Municipal Calendar September 'Fostering Excellence thru Planning & Growth Management," Policy In Seattle, Leader Seminar sponsored by the National League of Cities and the Inter - Washington national City Management Association. The seminar will stress ex - October 1 in cellence in growth management through planning and consensus Virginia Beach, building. Pro -growth and no -growth arguments will be presented and Viginia workshops will explore such topics as tools for assessing, measuring, and planning for growth; user fees; linked development; and other tools used to finance growth. Registration $140for NLC and ICMA members, $160 for othem For more information, contact NLCOffice of Membership Ser- vices, 202-626-3180. September 14 "Hot Topics in land Use and Zoning," Policy leader Seminar sponsored In Cincinnati, Ohio by the National League of Cities and the International City Management September 19 Association. The workshop will examine some land use issues of today InNewOrleans, including the impact of federal and state policies on local land use, new Louisiana zoning techniques, and Implementing land use and zoning policies. Registration $140 for NLC and ICMA members, $160 for others. Far more Information, contact NtC Office of Membership Services, 202-626.3180. September 22.24 "Taking Southeast to Market;' annual meeting of the Southeast Con. ference, Ketchikan. Program will feature the latest forecasts and projec- tions for Southeast Alaska's industries and regional economy. Registration $135. For more information, contact Alaska Strategies, 463.3445. September 25.28 "NATOA'88: Hot Topics in Telecommunications;' conference of the Na- tional Association of Telecommunications Officers and Advisors, Miami Beach, Florida. Discussion of technical, legal, and regulatory issues im- pacting cities, with the goal of the conference being to provide practical Information that will add to the effective management of telecom- munications professionals. f200 for members, $250for non-members. For information, call 202-626.3160. October 23.27 74th Annual I memational City Management Association Annual Con- ference, Charlotte, North Carolina. Registration before September 12, $385 for members and $485 for non-members; after September 12, $410 for members and $510 for non-member. For more information, contact ICMA at 202.626 4664. October 24.25 "Advanced Governmental Budgeting;' seminar sponsored by the Educa. tional Services Center of Government FinanceOfficers Association, Toronto, Ontario Registration $225 GFOA members, $275 for non- members. For more information, contact Karen Nelson at GFOA, 312-977.9700. October 26.27 "Public Investment Management in Canada," seminar sponsored by the Educational Services Center of Government Finance Officers Associa- tion, Toronto, Ontario. Registration 6225 for GFOA members, $275 for non-members. For more information, contact Karen Nelson at GFOA, 312-977.9700. October30. National Institute of Municipal Law Officers Annual Conference, November 2 Charleston, South Carolina. For more information, contact NIM10, 202-466.5424. November 13.15 Alaska municipal association preconference meetings, Fairbanks. November itr18 361h Annual AML Local Government Conference, Alaskaland, Fairbanks. For information refer to articles and registration form In this newsletter or call AML at 5864325. December 3.7 "City Leadership: Building on the Past, Preparing for the Future in Hometown America," National league of Cities Congress of Cities, Boston, Massachusetts. Advance registration lby October. 31) $280for _ members, f355 for non-members; on -site registration $215 for members, SM for non-members. For more Information, contact AML at 586.1325 or NLC at 202,62fr3205. Congress of Cities Heads for Boston The Congress of Cities, the annual meet of the National League of Cities, will December 3.7, 1988, in Boston. Theme for the 66th annual gathering of city officials is "City Leadership: Building on the Past, Preparing for the Future in Hometown America." Both workshops and policy ses• sions during the conference will give local officials an opportunity to listen to and talk with experts on city issues —from the federal government, from titles and towns, and from public interest groups. Congress of Cities workshops will focus on investing in people and neighborhoods, creating economic vitality, leadership dynamics and dynamic leadership, and new ways to deliver traditional services. Pre- conference training seminars include, among others, "How to Improve Council and City Manager Relations," "When It's a Question of Ethics, Do You Know the Answers;' and "Four Tools to Help Your Small City with Downtown Development." Boston Is known as one of the foremost meeting centers of the world today, and the Boston Congress of Cities promises to be one of the best ever. For more Information on the 1986 Congress of Cities, contact AML at SW1325 and we will send you registration materials. Elected Officials Handbool' Available from AML Library For more than a decade, the Elected Of. "is Handbooks published by the Intema- tional City Management Association have provided local elected officials with a short course in effective leadership. The third edi- tion, recently received by AML, Includes new chapters on current issues such as infor• mation systems management, altemative ser- vice delivery approaches, and financial management. The Elected Officials Handbook is organ- ized in five separate handbooks focusing on goal setting, team building, policy setting for service delivery, policy setting for internal management, and personal effectiveness. The handbooks not only review key govern- mental functions from a poiicymakees perspective, they also show how other local governments are dealing with common issues and explain ways to use meetings and personal time effectively and build consen- sus within the governing body. They should prove useful not only for newly elected of- ficials but for those with more experience In local government and for managers as they work with their councils and assemblies. _ ._ _ The Elected Officials Handbook are available for short-term loan or review from the AML Lending Library by calling AML 586-1325. They can also be purchased fro ICMA for $60 a set flower unit prices f0 multiple copies). tie 14 September 1988 7 I no- i P I •I j i i ALASKA MUNICIPAL LEAGUE _ ASSOCIATE AND ASSOCIATION MEMBERS AOMNTINWALOWTING Appraisal of Alaska Emsi&WhInompany Film hwestC Hogan Mecham Richardson & Company John Nuvmn & Company, Inc. Rat Marwick Main & Company National Bank of Alaska Prudential-Bache Capital Funding ATTMETS Purdngton, tau and Associates, Inc. Birch, "Orion, B"Mr, Cherot & Anderson Rainier National Bank Law offices of Scott T. Fleming Seattle Northwest Securities Corporatlon ,in Shw r.,on Lehman Hutton, Inc. oINSURANCE/RISK 2*021pr MANAGEMENT onrmgte & Eastaugh, PC. Miustco, Inc. W ohBorth, Flint & Gwening Corroon & Black, Inc. Financial Guardian of Alaska, Inc. CONSULTING/RKANNING Gallagher Heffernan Insurance Broken Alaska PAd is Consultants John L. George, Risk Management Alaska state Library and Archlwes Consultant Glnny ChRwood & Company DepartmentolCommunity& Regional Affains 0IL&GASEXr10RATLON DivisionotGovemmentalCoordinatlon ARCOAlaska,Inc. Chevron U.S.A., Inc. EDUCATION/TRAINING/INFORMATION Adak Region School District MUNICIPAL ASSOCIATIONS Chugach School District Alaska Association of Assessing Officers Lower Yukon School District Atoka of nicipal Pribilof School District Alaska Association of Muon Clof erks Romuson library Alaska Chapter/American Planning Tlingh and Hakla Tribes of Alaska Association Alaska Conference of Mayors ENGINEERING Alaska Fire Chiefs Association CH2M HILL Alaska Municipal Attorneys Association Consulting EngineersCouncil of Alaska Alaska Municipal Management Association (CECA) Alaska Parks & Recreation Association Kramer, Chin & Mayo, Inc. Alaska Women in Government On Water Engineers, Inc. North/Northwest Mayors Conference URS Consultants, Inc Yukon Kuskokwim Delta Mayon Conference FINANCIALSERVICESIRANI(ING TRANSPORTATION Alaska Municipal Bond Bank Alaska Airlines For more information on these firms and organizations please consult theAML Local Government and Services Directory, 1986. ___-- EQUIPMENT FOR SALE -- Located In Western Alaska — * 1982 Mitsubishi MS-180, excellent condition,1 Cu. Yd. Hydraulic Excavator, 2200 Hre ......................$549500 • 1965 D3B Cat Dozer, 2000 Hrs., ex. cond...... $32,500 • 1977 John Deere 644 B Front End Loader wltorks, - als is or completely reconditioned ...................P.O.R. 246-6106 or FAX 246-6138 r Korea -Alaska Trade Fair Communities, individuals, and businesses Interested in increasing and expandingtrade between Alaska and Korea are Invited to par- ticipate in the Korea -Alaska Trade -Fair (KAFrA BB), scheduled for December 4-10 in Seoul, Korea. The fair is being sponsored by the Alaska -Korea Business Council, the Alaska State Chamber of Commerce, and the Alaska office of International Trade, with support and assistance from their Korean counterparts. Persons interested in exporting products from Alaska and in importing from Korea are encouraged to attend, and any Alaskans with an interest in Korean trade are welcome. Booth and exhibition space are available, and KAFTA organizers have made arrangements for air freight and customs handling. - For more information on KAFTA 88, con- tact Ron Garzini, Manager, Municipaliof Anchorage, at 343.4433, or Bill Nol of Seward, KAFTA 88 Chairman, at 224.3120. Position Vacancies AccountantlFinanclal ASSIStant to CNy Mltnager—SL PauL Requires accounting skills through financial statements and audit preparation. College degree in accounting and 3 years supervisory experience. Addi- tional years of accounting supervisor ex- perience may be substituted for college. Ex- perience should Include fund accounting, enterprise accounting, and EDP accounting. Individual will provide technical assistance and training and oversee staff of 5-10. Salary DOE. Respond to V. Johnson, Peat, Marwick, Main & Co., 601 E. Bib Avenue, Suite 700, Anchorage, Alaska 99501. Phone calls not accepted. Records Management Conference Seeks Professional Papers The International Records Management Council ORMA) invites interested persons to submit papers for consideration at its Second Annual International Records Management Congress which will be in Perth, Australia, September 25-28,1969. The Congress is be- ing co -hosted by the Records Management Association of Australia (RMAA) which will be holding Its 6th Annual Conference at the same time. Subjects of Interest for this meeting cover all aspects of records manage- ment and related technologies. For those in- terested in participating either at a general session or as a special session Speaker, it Is re -- quested that a 250.word synopsis of the pro- posed paper be forwarded to IRMA offices, 22243 Miston Drive, Woodland Hills, CA 91364. The deadline Is October 31,1988. AML Newsletter Page 1s L �i 1988 AML ANNUAL CONFERENCE HOTEL INFORMATION The Westmark Fairbanks Hotel will be the official headquarters for the 38th Annual AML Local Government Conference. A block of rooms is being held them for AML Conference participants. In addition, blocks of rooms are being held at the other hotels listed below. Each hotel is offering special conference rates. When you make reservations, be sure to identify yourself as an AML Conference attendee to obtain the spelt& rates. Please show your appreciation by making your reservation with one of these hotels early. With the elections in October, it may be difficult to give names to the hotel, but, to be sure that you have the accommodations of your choice, make reservations now in the name of a current municipal official, If that person does not run for re-election, or is defeated, the name can be changed at that time or the reservation can be cancelled. leach of these hotels provides transportation to and from the airport, and all will be connected by hotel and borough bus to Alaskaland. % %ilmarlt Woriks—Headquarters Hotel fflolarls Hotel 82011sloble Street, 427 First Avenue Fairbanks 99701 Fairbanks 99701 I Telephone: 1-000.478.1III (in Alaska); Telephone: 907.45E-4456 14)W$44-0970 (outside Alaska) Number of Rooms: 3S Number of Rooms: 180 Rate: S33.00 + 8% tax, single; A4te: MOD + 8% tax, single or double $43.00 + 8% tax double sophkMadw Now 5uperIMold - - - 1717 University Avenue 1909 Airport Road r Fairbanks 99709 Fairbanks 99701 R Telephone: (907) 479.3650 Telephone: 907.451.8888 Number of Rooms: 100 Number of Rooms: 25 Rate: SS5.00 + 6% tax, single or double Rate: $49.88 + 8% tax, single; $62.88 + 8% tax double , GRWn if low Inn Wedgewood Manor t, 1411 Airport Way 212 Wedgewood Drive Faldn ks99701 Falrbanks99701 ' Telephone~ 1�W4178&79W, W7452-IM Telephone: 907.4524"2 ;. NumberofRooms: 75 NumberofRooms: 25 Rate: $41.00 + 8% tax, single; $45.00 + 8% tax, double Rate: $50.00 + 8% tax, single or double . .. '�'. �wwww��wwwwww�wwww�wwwwwwwww�rwwwwwwwwwww�www�w-wwwwwwwwww�ww��w,� AML CONFERENCE ADVANCE REGISTRATION FORM Name Title I_ C 1' Municipality/ Orilanisatlon Address Telephone city state ZlpCode ' Advance ftestradon Onae Negktratkm Conference Registration (postmarked Oct. 21) (after oa.21) s Member.......................................................... $13S $165 Non-member.......................................................... SIW S17S i ... Spouse............................................................... $90 $100 S Spouse's Name (If attending) 6 y. Newly Elected Officials Seminar Registration I would liketo registerfor the Newly elected Officials (NEO) Seminar, to be held Tuesday, November 1S, and Wednesday, November 1, ' My registration fee is enclosed. 4 :. The advance registration fee for NEO Is $75 for AML members and $100 for non-members. Registrations postmarked after October 21 are $100 and f 125. iMwse mail rellijIlradon form and fee(*) to Alaska Munidpal Ireagu_% 217 Second $ty Suite 240, l0n-ou,-Al�ts)ta- Watch theAM! Newsletter and special conference bulletins for hotel Information and program details, or contact AML staff at 907-586132 . No w1undswill be made on registrations cancelled after November 9. REGISTER NOW —ADVANCE REGISTRATION SAVES MONEY AND TIME AT THE REGISTRATION DESKIII i J TO DO LIST _ September 21, 1988 1. C. Brown - ordinance for Oct. 5 meeting re/Deputy Clerk pay. 2. J. Ruotsala -Set up work session for Capital Improvement Projects, Sept. 28, 7:00 PM, Library 3. J. Ruotsala -Send notice to D. Roberts -Appointment to P&Z.