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HomeMy WebLinkAbout1988-12-07 Council PacketCOUNCILa. I PACKETS • �l Kenai City Council Meeting Packet December 7, 1988 �-. Y ,a 'pi••PI. M• • YWMA� �•• & 8C PUmm COMMENT 06 Mr►.1:�• mn oft. AYppt MnoYMbn ProNe1 ' O. PIl W WAT1MILitI "^;••-a • ;It* PAW r. ,t . INsol�tlon �6d . Ur�q tlr owOct � •fW Fun�g a NUAo��l Al-,- --A ftVWA Miq Q. RMoAAlonebee•Tan@Wof uid�•6b scow MWW to L4gj - p- TffM • q•II00 - SOPra 9. RjwWw8"T-AvMddAIrp- a 0AS C r4%uMn • iao7.too ..: ,., 4 •. A«»wr a aqua uoNw • Caw er i . te. Rwrwr of ue,or : WM" PANNM4 e. •pnrwMaunuor Tir p� M MN�d 14 M1111d M141w�� , ab . /' �y�. • -_ . � b� CI�At AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 7, 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. B. SCHEDULED PUBLIC COMM= (10 Min.) 1. Ron Detillo - Airport Renovation Project C. PUBLIC HEARINGS 1. Resolution 88-85 - Urging the State of Alaska to Retain Full Funding of Municipal Assistance and Revenue Sharing 2. Resolution 88-86 - Transfer of Funds - Bicentennial Commission to Legislative Travel - 3. $3,200 Resolution 88-87 - Award of Airport Renovation-89 Project - a. Titon Construction - $681,400 b. G&S Construction - $697,700 -----4. Renewal of Liquor License - Casino Bar & Liquor --�. Renewal of Liquor License - Windmill Restaurant 6. *Renewal of Liquor License - American Legion Post #20 D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging---- 2. Airport Commission 3. Economic Development Commission-- 4. Harbor Commission 5. Library Commission 6. Recreation Commission 7. Planning & Zoning Commission 8. Misc. Comm/Comm E. MINUTES 1. *Regular Meeting, Nov. 16, 1988 F. CORRESPONDENCE 1. *Kathy Scott, Alaska Tourism Marketing Council Meeting Report 2. *Bob Williams - Kenai Bicentennial Visitors & Convention Bureau Report 3. *Seafoods From Alaska - Letter of Thanks G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified !, 2. Requisitions Exceeding $1,000 3. *Ordinance 1299-88 - Amend Kenai Municipal Code, Title 30 - No Parking, Depositing of Snow and Ice on City Streets 4. *Ordinance 1300-88 - Increasing Rev/Appns - State Library Grants - $7,200 5. Swires Rd. - Change Order $1 - Doyle Const. - $971.24 6. Disc - State Legislative Grants - - a. Roads b. Water & Sewer 7. *Games of Chance & Skill - Kenai Little League I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk S. Finance Director 6, Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council -----'; ------- - -... .. -K. ADJOURNMENT .. JV &o i<< L t COUNCIL. Al TON /2- 7- �8 1� mw_, sue. ���►���■��■■����■��■ I nounammmmmmmmmmmmm i . COUNCIL MEETING OF /z - 7-,�� t October 19, 1988 ,�- INFORMATION ITEMS 1. Kenai Borough Agenda - 12-6-88 =-. 2. Soldotna Chamber Newsletter - Dec. 1988 , 3. Peninsula Home Health Care Invitation - 12-21-$8 4. TO DO List - 11-28-88 - 5. Fairbanks News -Miner Clipping - City Finances 6. Alaska DOT&PF - Spur Hwy Bike Path 7. Kenai Cleanup Project Report - Nov. 1988 8. Alaska Power Authority - Railbelt Electricity Report 9. Kenai Fire Grounds Committee Report 5 16. Report on Revenue Sharing 11. Comm/Comm Application - Ron Rainey 12. Pay Estimate - Wm. Nelson - Float Plane Basin Rd. ;. Fencing - 5180,799.10 13. Kenai Borough Minutes - 11-1-88 14. Alaska Housing Finance Corp. Report on Staff 14a. AML Newsletter - Nov. 1988 15. Transfer of Funds Under $1,000 - Dec. 1988 . jr Q� { �i S r j c - I Suggested by: Council RESOLUTION NO. 88-85 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PRIORITIZING STATE FUNDING TO LOCAL GOVERNMENTS INCLUDING MUNICIPAL ASSISTANCE, REVENUE SHARING, SCHOOL BOND INDEBTEDNESS AND FORMULA FUNDING FOR SCHOOLS. WHEREAS, it appears by all economic indications the State of Alaska is continuing in a depressed economic condition because of the slide in crude oil prices, and WHEREAS, economic circumstance, in all probability, will result in an attempt by the State to reduce pass through monies to local government in one area or another, and WHEREAS, a reduction in pass through monies to local government will most probably result in increased taxes at the local level, and WHEREAS, the City of Kenai. A1asxa is extremely interested in seeing any reauctions ve passed through to local government in a fair and equitable manner, and WHEREAS, the City of Kenai. Alaska, through its City Council feels that the most equitable distribution of State pass through monies to local government would be to retain Municipal Assistance and Revenue Sharing at full funding and should there be a necessity to reduce local funding, it should come in the area of school bond indebtedness on the basis that everyone will share in making up that difference as opposed to reducing only funding to municipalities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the State of Alaska, through :its legislative and administrative branches of government retain at full funding municipal assistance and revenue sharing to forestall any major local tax increase that would result from the reducing said funds. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of December, 1988. ATTEST: Janet Ruotsala, City Clerk JOHN J.. WILLIAMS, MAYOR. . A r-- C - ;z Suggested by: City Council CITY OF KENAI .f RESOLUTION NO. 88-86 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1988-89 GENERAL FUND �`i BUDGET: From: Bicentennial Commission - All Accounts $3,200 To: Legislative - Transportation $3,200 This transfer provides additional money for legislative travel for the current fiscal year. The Bicentennial Commission has ceased to exist and has no need for a budget. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7th day of December, 1988. JOHN J. WILLIAMS, MAYOR r� i'' :i i 1_ 1791- CITY OF j „od edP441 ej d"„ 410 FIDaw MN, Nma 9"11 MU PHONB2W-Mg FAX 907.2=W14 TO: William J. Brighton, City Manager Tim Rogers, City Attorney FROM: Keith Kornelis, P.W. Director DATE: 12/01/88 FOR: City Council Meeting of December 7, 1988 SUBJECT: Construction Bid for the project: Renovation of the Kenai Municipal Airport Terminal_91do. Page K-1 and K-2 of the contract documents on the above subject project is the Kenai Peninsula Borough's Tax Compliance Certificate. This is part of the bidding documents that need to be completed and turned in at the time of the bid. At the bid opening it appeared that Titan Construction, Inc. was the apparent low bidder. A copy of the Titan Construction, Inc. Tax Compliance Certificate is attached. On the bottom of the first page, K-1, is a note, "This form must be signed on the next page by the Kenai Peninsula Borough Finance Department personnel". Please notice that page K-2 has not been completed nor signed by the Borough. After the bid opening I called the KPB sales tax representative, No. Dawn Lahmun. Ms. Lahmun stated that the sales tax registration 00996R88 is really a re -sale card number. Me. Lahmun also stated that Titan Construction had not contacted her concerning this construction bid. After asking her to search her records, she found that Titan Construction, Inc. opened an account on March 1, 1988. They failed to file their March 31, 1988 return. Because of failure to file this return the KPH fined Titan Construction, Inc. $25.00. Titan Construction, Inc. has never paid the $25.00 fine. Titan Construction, Inc. did file their June and September return and their filing showed -0- sales tax collected. I asked Ms. Lahmun how she would have filled out the form, had Titan Construction approached- the Borough.- She_ said- -that _ she Woul4 have filled it out saying that Titan Construction, Inc. was not in compliance because of owing the $25.00 fine and their need to still file the March 31, 1988 return. it is also unknown how much money Titan Construction owes on their March 31, 1988 return. i 7 L � h L. t,. f i ' Page 2 Collins Construction and Consolidation Enterprises also did not properly complete the Tax Compliance Certificate. Neither one of these companies had the KPH sign that they were in compliance. Prior to the bid opening the Public Works Department and the architect had many bidders ask about not completing or waiving some of the requirements of the Tax Compliance Certificate. Our explanation to them was to carefully read the bid documents and to fully complete all documents that were to be turned in with their , - - - - - bid. It is very important that this construction project be awarded very shortly after the December 7th Council meeting. Because time is of essence I have prepared two resolutions awarding this project. One resolution awards the project to Titan Construction, Inc., while the other awards the project to G & S Construction, the next low bidder. The resolutions will go in the Council packet tomorrow, Friday, December 2nd. If the City Attorney's office - feels that Titan Construction, Inc., Collins Construction and Consolidated Enterprises bids should be declared non -responsive then they should recommend giving the project to G & S Construction. I have also attached page D-4 from the Instructions to Bidders where 5.2.1 states "The owner shall have the right to . I reject ... or to reject a bid which is in any way incomplete or irregular." We need a decision from the City Council at their next meeting on December 7, 1988. I am sorry there isn't much time but perhaps something can be hand carried in to Council at the meeting. 4� KK/ kv SNA1 PENINSULA BOROUGH 144 N. 81NKLEY • SOLDOTNA, ALASKA 99669 PHONE (907) 262.4441 DON GILMAN MAYOR TAX COMPLIANCE CER27PICA32 Kenai Peninsula Borough Code of Ordinances, Chapter 5-28.1409 requires that businesses or individuals contracting to do business with the Kenai Peninsula Borough be in compliance with Borough tau provisions. No contract will be awarded to any individual or bUinesa who is found to be in vioUtioa of the 8osough tf Coda of Ordinances in the several areas of taxation. M a business or individual, have you ever conducted business or owned real or personal property within the Kenai Peninsula Borough? (If Yet, please complete items 01 and s2 below. If no, please go to item s20 1. x 7E3 NO BUSINESS NAM: Titan Construction, Inc. .�� OWNER(S)s James 0. Starr; Delbert E. TYPE OF BUSINESS/SMCEs General contractor Starr; Dennis L. Starr a =8 TAX REGISTRATION NMMSRs REAL PROPERTY PAR= NUNSERSt i 00996R88 BUSINESS PERSONAL PROPERTY ACCOUNT NUMBERS PERSONAL PROPERTY ACCOUNT NUMBERS -- none none 11 T BUSIMS NMI Titan Construction, Inc. OMNER(S)t James 0. Starr; Delbert E. Starr; Dennis L. Starr BUSINESS MAILING ADDRESSt P.O. Box 111721 Anchorage, AK 99511 ZLEPRONEs (907) 563-1132 t, Dennis L. Starr (print name), the Secretary (title) for the above named business, certify and state .that .to the-best of►my knowledge the above information is correct. SIONATUREs 1�1F"r.�,wi✓J ./1 (�i1i1/ DATBs 12/-1/88 NOTES This form must be signed on next page by Kenai Peninsula Borough Finance Department personnel. is K-1 (TO BE COMPLETED BY SCROUGH.PERSONNEL) AS OF THIS DATE, I HEREBY CERTIFY YO THE BEST OF MY XMOWLEDGE THAT THE ABOVE PARTY IS (OR PARTIES ARE)t A. IN COWLIANCE WITH ALL BOROUGH TAX PROVISIONS. B. NOT IN COMTLIANCE WITH ALL BOROOOH TAX PROVISIONS. (List reasons. Party must comply Within 10 days of notice to be eligible for award of contract or for continuation of contract already in force.) OATEt lQNAI PENINSULA BOROUGH FINANCE DEPARTMENT (signature required) REASONS FOR NON-CMVLIANCBt 4.4.2 Prior to the time and date designated for receipt of Bids, any Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place desig- nated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder or by telegram; if by telegram, written confirmation *over the signature of the Bidder shall be marled and postmarked on or before the date and time set for receipt of Bids, and it shall be so worded as not to reveal the amount of the original Bid. 4.4.3 Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidden. 4.4.4 Bid security, if any is required, shall be in an amount sufficient for the Bid as modified or resubmitted. ARTICLE S CONSIDERATION OF BIDS g.1 OPENING OF BIDS 5.1.1 Unless stated otherwise in the Invitation to Bid, Advertisement the properly identified Bidsrece d on time will be opened publicly and will be read aloud. An abstract of the Base Bids and Alternate Bids, if any, will made available to Bidden. When it has been stated t Bids will be opened privately, an abstract of the same he Owner, be made o availablem ormation � the theat discretion within ft hin areasonable time. 3.2 REIECTtON OF BIDS 3.2.1 The Owner shall have the right to reject any or all Bids and to reject a Bid not accompanied by any required bid security or by other data required by the Bidding Documents. or to reject a Bid which is in any way incom- plete or irregular. 53 ACCEPTANCE OF BID (AWARD) 3.3.1 It is the intent of the Owner to award a Contract to the lowest responsible Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive any informality or irregularity in any Bid or Bids received and to accept the Bid or Bids which, in his judgment, is in his own best interests. 3.3.2 The Owner shall have the right to accept Alter- nates in any order or combination, unless otherwise speciircally provided in Article 9, and to determine the - - low Bidderon.the_.basis of the sum of the Base Bid and the Alternates accepted. ARTICLE 6 POST BID INFORMATION 6.2 OWNER'S FINANCIAL CAPABILITY 6.2.1 The Owner shall, at the request of the Bidder to whom award of a Contract is under consideration and no later than seven days prior to the expiration of the time for withdrawal of Bids, furnish to the Bidder reasonable evidence that the Owner has made financial arrangements to fulfill the Contract obligations. Unless such reasonable evidence is furnished, the Bidder will not be required to execute the Owner -Contractor Agreement. 63 SUBMITTALS 6.3.1 The Bidder shall, within seven days of notification I of selection for the award of a Contract for the Work. submit the following information to the Architect: .1 a designation of the Work to be performed by the Bidder with his own forces; .2 the proprietary names and the suppliers of princi- pal items or systems of materials and equipment proposed for the Work; 3 a list of names of the Subcontractors or other per- sons or entities (including those who are to furnish materials or equipment fabricated to a special de- sign► proposed for the principal portions of the Work. 63.2 The Bidder will be required to establish to the sat- isfaction of the Architect and the Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents. 633 Prior to the award of the Contract. the Architect will notify the Bidder in writing if either the Owner or the Architect, after due investigation, has reasonable objec- tion to any such proposed person or entity. If the Owner or Architect has reasonable objection to any such pro- posed person or entity, the Bidder may. at his option, (1) withdraw his Bid, or (2) submit an acceptable substi. tute person or entity with an adjustment in his bid price to cover the difference in cost occasioned by such substi. tution. The Owner may, at his discretion. accept the ad. justed bid price or he may disqualify the Bidder. In the event of either withdrawal or disqualification under this Subparagraph, bid security will not be forfeited, notwith- standing the provisions of Paragraph 4.4.1. 6.3.4 Persons and entities proposed by the Bidder and to whom the Owner and the Architect have made no reason- able objection under the provisions of Subparagraph 6.3.3 must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and the Architect. 6.1 CONTRACTOR'S QUALIFICATION STATEMENT 6.1.1 Bidders to whom award of a Contract is under consideration shall submit to the Architect, upon request, a properly executed AIA Document A30S, Contractor's Qualification Statement, unless such a Statement has been previously required and submitted as a prerequisite to the issuance of Bidding Documents. A L ARTICLE PERFORMANCE.BON-0- AND LABOR AND MATERIAL PAYMENT BOND 7.1 BOND REQUIREMENTS 7.1.1 Prior to execution of the Contract, if required in Article 9 hereinaiter, the Bidder shall furnish bonds cover. ing the faithful performance of the Contract and the payment of all obligations arising thereunder in such form and amount as the Owner may prescribe. Bonds may be secured through the Bidder's usual sources. If the furnish. I r KLUGE & ASSOCIATES Architects / Planners 1�0 Trading suy, �utw �O �Oss Alaska M811 F 7 December 2, 1988 i Keith Komelis, Public Works Director City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Re: KENAI MUNICIPAL AIRPORT RENOVATIONS Recommendation of Contract Award ` Dear Mr. Kornelis, - i cost for the referenced project as outlined The estimated construction c p j in Cost Synopsis No. 1 of my August 30, 1988 letter and modified as directed by the City is as follows: Base Bid $701,777 Roofing Additive Alternate $18,000 Total Estimated Construction cost $719,777" After reviewing the eleven bids submitted with you yesterday, there were three bids found non -responsive which are: Collins Con- struction, Consolidated Enterprises, and Titan Construction Inc.. I recommend that these bids be rejected for not properly completing T the requested Tax Compliance Certificate on page F-2 of the Bid Proposal Form. The Instruction to Bidders Article 5.2.1, Rejection of F Bids, states that "The Owner shall have the right to reject any or all ' Bids and to reject a Bid not accompanied by any required bid security or by other data required by the Bidding Documents, or to reject a Bid which is in any way incomplete or irregular." I had numerous calls from bidders prior the to the bid date about the Tax 4.1 ;.. Compliance Certificate and I directed each to complete the forms as requested in the Bid Proposal Form. Allowances should not be made for bids which do not submit the required documents in accordance ---..-----_-_ __..---_-_.- with the Bid Proposal. I red omend the Kenai Municipal Airport Renovations -Construction Contract be awarded to 0 & S Construction for the Base Bid of Page 1 of 2 F 1. " t ;f' s J KENAI MUNICIPAL AIRPORT RENOVATIONS Recommendation of Award December 2, 1988 - Page 2 of 2 $681,000. I also recommend that the City accept the Additive Alternate No. 1 Roofing Bid of $16,700 for a total Contract amount of - i $697.700. I suggest the City should allow for a 10% contingency in their budget. If you have any questions feel free to call. " Sincerely, KLUGE & ASSOCIATES Bill Kluge, Architect L 1791.1991 CITY OF KENAI _ . , �`; � , 210 flpALAO KBNAL ALASKA dN11 i" FAX W7.2"1A MEMORANDUM TO: Council Members City of Kenai i-- --' ------------ F M: imothy J. Rogers, City Attorney :, ;✓ City of Kenai DATE: December 7, 1988 + RE: Construction Bids for the Project: RENOVATION OF TH RENA MUNICIPAL AIRPORT TERMINAL BU LI DINGS Keith Kornelis, Public Works Director, has requested an opinion ! from the Legal Department as to whether three bids should be _ rejected for being non -responsive with regard to the above- referenced project. The bids in question are from: (a) Titan Construction (the apparent low bidder); (b) Collins Construction; { and (c) Consolidated Enterprises. Because Titan Construction was the apparent low bidder, this memorandum focuses on it. However, E. the reasoning is equally applicable to Collins Construction and k. Consolidated Enterprises. The bidding documents required to be filled out by contractors - - = included a document entitled, "Tax Compliance Certificate." A portion of Page R-1 of that document reads in the first paragraph: "No contract will be awarded to any individual or business who is found to be in violation of the Borough t Code of Ordinance in the several areas of taxation." According to a December 1, 1988 memorandum of Keith Kornelis, -------' several -bidders approached the Public Works Department and-the-- r E � f f� i i i architect about waiving the requirement of the Tax Compliance Certificate. They were told that the document had to be completed in full and turned in with the bid package. The position was that no waivers would be allowed. The Tax Compliance Certificate was improperly filled out by Titan Construction (Attachment U . First, the sales tax registration is incorrect on Page Kr-1 of the document. Second, Page K-2 of the document was not filled out at all, in addition to the caveat at the top of Page K-1. On the bottom of Page K-1 is the following note: "This form must be signed on next page by Kenai Peninsula Borough Finance Personnel." Mr. Kornelis contacted the Kenai Peninsula Borough and spoke with Ms. Lahmun, sales tax representative. She informed him that Titan Construction had opened an account on March 1, 1988, but did not file a return for that month. Because of the failure to file, Ms. Lahmun could not tell what Titan Construction owed for March. The Borough fined Titan Construction $25.00 for failure to file a return for March. Titan Construction has never paid that fine. Mr. Kornelis asked No. Lahmun how she would have filled out the form if she had been approached by Titan Construction. She informed Mr. Kornelis that she would have written that Titan Construction was not in compliance. The reason being that Titan Construction had not paid the $25.00 fine nor filed the return for March. Page D-4 of the Instructions to Bidders states in Article 5.2.1: 5.2.1 The Owner shall have the right to reject any or all Bids and to reject a Bid not accompanied by any required bid security or by other data required by the Bidding Documents, or to reject a Bid which is in any way incomplete or irregular. However, such a clause does not give the City of Kenai authority to declare a bid to be non -responsive for a non -material variance. Centric Corporation v. Barbarosa & Sons, Snc., 521 P.2d 874 (Wyo. 1974). The general rule in Alaska is that to declare a bid non- responsive, there must be a material variation from the terms of the Invitation to Bid. King v. Alaska State Housing Authority, 512 P.2d 007 (Alaska 1973). A material variation is usually defined as one which "gives the bidder a substantial advantage over other bidders and thereby restricts or stifles competition." King, Supra at 892, citing, 10 McQu.illin,---Law Of. Municipal -- Corporations, Section 29.65, 3rd Ed. 1966; State v. Bowers Office -Products, Inc.-, 621 P.2d 11, 14 (Alaska 1980). *-Z A i 7 ki L' 1' Determination by a public agency of the responsiveness is subject to judicial review to determine whether there was a reasonable basis for the agency's decision. Belly v. Zamarello, 486 P.2d 906, 917-918 (Alaska 1980) . The remedies available to an unsuccessful bidder who successfully litigates the award of a public bid are twofold. First, the challenger may receive the bid preparation costs, not loss of potential profits. Ring V. Alaska State Housing Authority, 633 P.2d 256 (Alaska 1901). Second, the challenger may enjoin performance of an improperly awarded contract. Alaska Construction Law, at 62, 63 (5th Ed. 1985). A public agency may by statute or ordinance establish the payment of taxes as a condition precedent to receiving a bid award. Brazie v. Cannon & Wendt Slectric Co., 405 P.2d 281 (Az. Ct.App. 1965). A contracting agency may not waive compliance with any bidding requirements made mandatory by statute. George & Lynch, Inc. v. Division of Parks & Recreation, 465 A.2d 345 (Del. 1983). In City of Opa-Locke v. Trustees of Plumbing Ind. Pro. F., 1983 So.2d 29 (Fla. Ct.App. 1966), Metropolitan Dade County had an ordinance requiring a certificate of competency to be submitted with any bid to a public agency. The low bidder on a project for the City of Opa-Locka did not submit the required certificate. The City waived the requirement and awarded the contract to the low bidder. The Florida Fifth District Court of Appeals reversed that award, stating on Page 32: "...To allow the city to permit bidders to qualify after their bids are accepted would circumvent the intent of S. 10-3(b). It would also be an unfair advantage over those who must prequalify. If the city may in its discretion waive this section it would be conducive to favoritism by allowing some bidders to qualify after their bids are accepted while refusing to consider bids of others on the ground that they did not prequalify. (Footnote omitted.) In the instant case, the requirement for a Tax Compliance Certificate was a policy decision of the Kenai City Council, rather than an ordinance. However, the reasoning of the Florida Court is applicable. The policy was clearly stated on the bid invitation documents. Furthermore, the architect and Public Works Department stated to several potential bidders that the provision must be complied with and would not be waived. To waive it-now_would.give anunfairadvantage to the three bidders . who failed to comply with the bid invitation. See, Chris Berg, rnc. v. State, Dept. of Transp., 680 P.2d 93, 95, 96 (Alaska 1984) (Rabinowitz, J. concurring) . -3- J Had the City not possessed such a clear and unwavering policy, the defect would probably have been non -material and therefore, the bid would have been responsive. see, Centric Corporation v. Barbarosa & Sons, Inc., 521 P.2d 874 (Wyo. 1974); Martel Construction, Inc. v. Montana State Board of Examiners, 668 P.2d 222 (Mont. 1983). It is the opinion of the Legal Department that the City of Kenai should continue the policy it has maintained throughout the bid process and require the Tax Compliance Certificate to be fully completed when the bid documents are opened. Therefore, the Legal Department recommends the bids in question be declared non- responsive. TJR/clf cc: Wm. J. Brighton, City Manager Keith Kornelis, Public Works Director -4- .. i C AS.. EWNA1 PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA, ALASKA 99669 PHONE (907) 262.4441 DON GILMAN MAYOR T11�t CMMPLIANCE CERTIPiCATE Kenai Peninsula Borough Code of Ordinances, Chapter 3.28.140, requires that businesses or individuals contracting to do business with the Kansi Peninsula Borough be in compliance with Borough tax provisions. No contract will be awarded to any individual or business who L found to be in violation of the Borouib Code of Ordinances in the several areas of taxation. As a business or individual, have you ever conducted business or owned real or personal property within the Kenai Peninsula Borough? (If yea, plesae Complete items 01 and 02 below. If no, plesse go to item 02.) YES NO 1. BUSINESS NABO:t Titan Construction, Inc. OWNER(S)t James 0. Starr; Delbert E. TYPE OF BUSINESS/SERVICES General contractor Starr; Dennis L. Starr SALES TAX REOISZRATION MWER: REAL. PROPERTY PARCEL NMERSs 00996R88 BUSINESS PERSONAL PROPERTY ACCOUNT NUBERs PERSONAL PROPERTY ACCOUNT NUNERs none none Z. MIMS WlEs Titan Construction, Inc. CUNER(S)S James 0. Starr; Delbert E. Starr; Dennis L. Starr . ( BUSINES8 NAILING ADDRESS: P.O. Box 111721 Anchorage, AK 99511 'lEI.EPNONES (907) 563-1132 Dennis L. Starr (print name), the Secretary (title) for -the above named --�- - business, certify and state that to the best of my knowledge the above information is correct. -- — -, -- -- - SIGNATURES ,Al�'1�n.yG✓ _�ihf ` - - DATEi 12 fl i8$ NOTES This form must be signed on next page by Kenai Peninsula Borough Finance Department personnel. YJ 'A U 1' L F _1 7 9EtiM�6.I>. i _ �tt V ,5 s 41,, M (TO BE Comm.= BY BOROUGH PERSONNEL) AS OF THIS DAIS, I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE MW THE ABOVE PARTY IS (OR PARTIES ARE)$ A. IN COMPLIANCE UTll1 ALL BOROUGH TAX PROVISIONS- B. NOT IN C04PLWCE WITH ALL BOROUGH TAX PROVISIONS. (List reasons. Party must comply within 10 days of notice to be eligible for award of contract or for continuation of contract already in force.) ki DATE:- KENAI PENINSULA BOROUGH FINANCE DEPARTMENT (signature required) REASONS FOR NON-CMMIANCEs w r . f ow BUSINESS NOTIFIED: , DA1g RESUBMITTED FOR CO.PLIANCEa COMPLIANCE UPON RESUBMISSION: YES NO DATEI UNAI PENINSULA BOROUGH FINANCE DEPARTMENT (signature required) A x-a f 4 L 1791-1991 CITY OF KENAI %Od eapd4d of 4" 310fiDAlAO KENM,&AM "01 TW"NONR2A,3-M$ FAX 907.203014 !Y P 5 117774 TO: Council Members City of Kenai FROM: Timothy J. Rogers, City Attorney City of Kenai DATE: December 7, 1988, 4:30 p.m. RE: Letter from Titan Construction's Attorney This afternoon at approximately 3:20 p.m., I received a letter by telefax machine from R. Eldridge Hicks who represents Titan Construction (a copy is attached). This memo is a brief response to his four assertions. 1. Mr. Hicks asserts that there was nothing "in these Instructions to Bidders indicates What other documents are 'required to be submitted."' A careful reading of the Instructions to Bidders reveals that in two places, it is mentioned what documents need to be submitted. In both those places, the Tax Compliance Certificate is mentioned. Those places are 1) Major Index; and 2) Page F-2. 2. Mr. Hicks' client obviously knew exactly which documents had to be submitted since he submitted all seven of the required documents. His argument is that he did not know they had to be completed. The Tax Compliance Certificate clearly states that the document has to be signed by a Borough representative. 3. In Paragraph 3 of Mr. Hicks' letter, he states it was reasonable to interpret the bid documents the way his client did. I disagree. Eleven companies submitted bids to -.the City.. Eight of those submitted the correct tax documents. Some of those companies did have questions on how to correctly -fill the tax - documents. Those companies possessed the good business sense to call and ask now to do it correctly. It seems from the performance of the group of bidders as a whole, it was reasonable �. to correctly fill out the tax documents. tf e r a� r.. :.{. r --1- [n Paragraph 4 of Mr. Hicks' letter, he states: Ll take only a moment for some representative of Lty to learn that Titan Construction, Inc. has 3 paid all taxes to the Kenai Peninsula Borough 3 in full compliance with all tax ordinances. vent will certainly come as news to the Borough. Mr. locked with the Borough after the bid opening and was Borough Sales Tax Representative that Titan en, Inc. was not in compliance with the tax ordinances. cites no legal for his assertion that Titan's bid may ssified as non -responsive. , there is nothing in Mr. Hicks' letter which changes n of the Legal Department regarding Titan's bid. t LL .i Z r HICKS, BOYD, CMANOLCR e1 FALCONER ATT011149v6 AT LAW 6t11Tr 1630 660 W66T 619va"T04 Avamu! ANCMORAOC, ALASNA 00501 744AP OWS11p07/ •7s•6401 TaLaconlsw118071 l7499e68 December 7, 1988 Timothy J. Rogers, Req. City Attorney City of Kenai 210 Pidalgo Avenue Ksnai, Alaska 99611 Res Titan Construction, Inc. Kenai Municipal Airport Terminal Building Dear Mr, Rogeral As I indicated by telephone, I have been retained by Titan Construction, Inc. to pursue whatever action is necessary to anaure that it rocoivos an award of the above - referenced construction project as the low bidder, in compli- ance with Kenai Municipal Code g 7.15.040. In arriving at your decision to the City Council regarding the responsiveness of 111y client's bid, I would ask YOU to please consider carefully the following analyses: 1. The Instructions to Bidders at page 0-3 provides that the submission of the bid must include "any other documents required to be submitted with the Bid...." flowever, nothing in these Instructions to Bidders indicates what other documents are "required to be submitted." Similarly, the Supplementary instructions to Bidders tails to identify the Tax Compliance Certificate as a documont that is "required to be submitted with the Hid...." Only the bid security is mentioned at page E-3 as an addi- tional document "required to be submitted with the Bid." No other documents are identified. In short, neither the Instructions to bidders nor the Supplementary Instructions to Bidders ever mentions the Tax Compliance Certificate as one of the documents "required to be submitted with the Did." x. The oily reference to the Tax Compliance Certificate as a document for submittal is found at page F•2 Of the Did -Proposal itself, not in the Instructions, while t IF f L Timothy J. Aogorn, Vaq. December 7, 1908 Page Z it is identified there as a document to be submitted "with" the proposal, nothing in this Section F identities it as a "required" document as defined in the Section D instructions, and nothing states the amount of detail with which the Tax Compliance Certificate must be completed. 3. When one then reviews the Tax Compliance Certificate itself, it is reasonable to conclude that only the first page must be completed by the bidder and that the second page may be completed by the Borough Finance Depart- ment if and only if submitted later by the City of Kenai checking on the one low bidder. For example, the second sentence on the Tax Compliance Certificate states, "No contract will be awarded to any individual or business who is found to be in violation of then Borough Code of ordinances in Ti a several areas of taxation." (Emphasis added.) The word "found" suggests that there will be a discovery of such a fact by the City a!_ the bids have been opened. It is reasonable for a bidder to conclude that the Kenai Peninsula Borough Finance Department should not be bothered with eight or ton Certificates of Compliance, when in fact the bid will only be awarded to one low bidder. Indeed, we understand that Titan Construction, Inc. was not the only bidder to interpret the Tax Compliancu Certificate in this manner. Apparently another bidder did not submit a Certificate with a Borough signature. A more reasonable• interpretation is that the Tax Compliance Certificate of the low bidder (complete with information regarding registration numbers and real or personal property information) will be submitted to the Borough by the City after a determination is made of who that low bidder will be. 4. Finally, and most importantly, Titan Construc- tion, Inc. did substantially comply with all of the require- ments for your bid information. All bid information was submitted in a timely manner, including identification of all of the required tax compliance information on the Tax Compli- ance Certificate, except the signature of the borough repre- sentative on page K-a. It will take only a moment for some representativo of the City to learn that Titan Construction, Inc. has always paid all taxes to the Kenai Poninsula Borough and is in full compliance with all tax ordinances. Such a minor technicality can never qualify in law for the purpose Of declaring a low bid "unresponsive." On behalf .of Vitan-Construction,- Inc.- x respectfully submit to you and to the City Council that this minor vari- ance in interpretation of ambiguous bid -instructions should not result in the City of -Kenai paying $16,000 more to the second low bidder, nor should it result in Titan L J -Timothy J. Rogers, Zsq. December 7, 1900 Page 3 Construction, Inc. losing this construction job. Article 5.3.1 provides, "The Owner shall have the right to waive any informality or irregularity in any Did or Bids received and to accept the Did or Bids which, in his judgment, is in his own best interests." To avoid any further dispute, additional costs to either party, and a higher construction cost to the City of Kenai, I respectfully request that the contract be awarded as soon as possible. You or any representative of the City can confirm by a more telephone call that this low bidder is and always has been in full compliance with all tax ordinances, A signature from the appropriate borough official can follow within hours. I shall remain available to discuss this mutter further at your convenience. Sinaero1y, HICKS, BOYD, CHANDLER 6 FALCONER By4. • REdrViq4e11icdks- --,TOTAL,-P.-. O4 -- r HICKS, BOYD, CHANDLER & FALCONER ATTONNCTa AT LAW •ulTe #sso Yt0 Was? 01eVRNTM AVRNue ANCNORApC, A1.AIIKA 001161 T0.20NDOW49CM 87!-0401 TaLucOmeft.l00!! 174-3600 Fax No. (907) 274-3699 FAX COVSR SIMET Datei ter. Time: '&. a 0eM Fax NO. Please deliver toou�1% Firm/Companyi From '-Zw Total number of pages, including this cover sheeti� It there are any problems, call (907) 272-8401 and ask for o C-%acc •• w w w• e w• w w w w w w• w w w♦• w w w• w w w• Originals will be forwarded vial Regular Mail Exprese Mail Courier Service _ Hand Delivery Other t ) MESSAGE: f II rIrAr*% C 3 a �. �O Suggested by: Administration CITY OF KENAI RESOLUTION NO. 88-87 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE RENOVATION OF THE KENAI MUNICIPAL AIRPORT TERMINAL BUILDING - 1989 TO TITAN CONSTRUCTION, _. INC. FOR THE AMOUNT OF $681, 400.00 WHICH INCLUDES THE BASIC BID PLUS ADDITIVE ALTERNATE NO. ONE. WHEREAS, the following bids were received on December 1, 1988 for the above -referenced project: CONTRACTOR BASIC BID ADD, ALT, I TOTAL Titan Construction 663,000 18,400 681,400 G & S Construction 681,000 16,700 697,700 Pedco, Inc. 698,000 19,000 717,000 Boslough Construction Inc. 743,405 15,957 759,362 Collins Construction 748,000 17,100 765,100 Woodard Construction r' Inc. 747,195 15,800 765,995 i Consolidated Enterprises 735,000 35,000 770,000 H. Watt & Scott Contractors 776,125 17,000 793,125 n: Holden Company 811,463 19,981 831,444 Consolidated Contracting ion and Engineering 824,424 19,555 843,979 Unalakleet/Neeser Construction 944,400 17,313 961,713 Architect's Estimate 701,777 18,000 719,777 -1- WHEREAS, the following is a description of the basic bid and the alternates: Basic Bid: Renovate approximately 7,045 square feet of existing building Alternate No. I: Re -roofing existing building WHEREAS, the City Council has determined that Titan Construction, Inc.'s bid for the basic bid and desired alternate is the lowest responsible bid and award to this bidder would be in the best interest of the City; and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the contract for the construction of the Renovation of the Kenai Municipal Airport Terminal Building - 1989 be awarded to Titan Construction, Inc. in the amount of $681,000 which includes the Basic Bid plus Additive Alternate I. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of December, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: Written by Public Works: 141 -2- s i '• f - - - -A F_ I L.-WA Gi s L0 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 88-12 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE RENOVATION OF THE KENAI MUNICIPAL AIRPORT TERMINAL BUILDING - 1989 TO G & 8 CONSTRUCTION FOR THE AMOUNT OF $697,700.00 WHICH INCLUDES THE BASIC BID PLUS ADDITIVE ALTERNATE NO. ONE. WHEREAS, the following bids were received on December 1, 1988 for the above -referenced project: CONTRACTOR BASIC BID ADD, ALT. I TOTAL G & S Construction 681,000 16,700 697,700 Pedco, Inc. 698,000 19,000 717,000 Boslough Construction Inc. 743,405 15,957 759,362 Woodard Construction Inc. 747,195 15,800 765,995 H. Watt & Scott Contractors 776,125 17,000 793,125 Holden Company 811,463 19,981 831,444 Consolidated Contracting and Engineering 824,424 19,555 843,979 Unalakleet/Neeser Construction 944,400 17,313 961,713 Architect's Estimate 701,777 18,000 719,777 WHEREAS, Titan Construction, Collins Construction, and Consolidated Enterprises bids are declared non -responsive because they did not ;ertificate properly completed; and -1- F WHEREAS, the following is a description of the basic bid and the alternates: Basic Bid: Renovate approximately 7,045 square feet of existing building Alternate No. I: Re -roofing existing building WHEREAS, the City Council has determined that G & S Construction's bid for the basic bid and desired alternate is the lowest responsible bid and award to this bidder would be in the best interest of the City; and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the contract for the construction of the Renovation of the Kenai Municipal Airport Terminal Building - 1989 be awarded to G & S Construction in the amount of $697,700 which includes the Basic Bid plus Additive Alternate I. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of December, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: O 37e7E or L&SK 0 DEPARTMENT OF REVENUE ALC0HOUCOEVERAGECOWROL WARD November 30, 1988 560 W. "HAVE ANCHORAGE, ALASKA 095014000 Janet Ruotsala, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Ruotsala: We are in receipt of the following applications for renewal of liquor licenses within the City of Kenai. You are being notified as required by AS O4.11.520. BEVERAGE DISPENSARY PACKAGE STORE CASINO BAR CASINO LIQUOR STORE 4;mjK I°U /a-;z —9-8' State of Ainha \� PAGE 1 OF d Alc0ollc Sfrotago Control DWO IyO w egyfnln Ardnpff LIQUOR LICENSE APPLICATION � Anchefatµ A eahs 6eSOt toot) zn eete PLEASE REVIEW SEPARATE INSTRUCTIONS gene palls 1 aidg to Ira MO wale$ r was hn a fa ydDr (flea This Application Is for: ( oil Ora) 1 A full calendar year ❑ The eta month owned asglnNng ' end ending SECTION A. LICENSE INFORMATION. Must Ise la all tw•aol applications. Type of Application LINn Q New License Fee ya 6 NW o olenx I License Taal 10 Ronewal 9 Filing Fee ............... { $t lmpbyw► n111RadOlr710Kgr - Q llansfer of License Molder penalty fit applicable) • • • • - - - _ -- Cwnm 4euor Llunx NumlWr IFa R-naW$ta are 1T$ngwal - - - ❑ Relocsiton ,- ago Total Submitted ........ , .. False appirant's name and m4ung s00nfe es It Ybuld appear Oar (it cdmprsta Only OM on Ira haft". // ��d Municipality lopeclty) dmsawcnldnOf p 1 --- ---_ iy Sf• wisl:�0 Xww- , 4poi, i /suX kS % let/ cup /11f�� z& / Bualn a umWtlN mw, _ L ❑ Other y,,..•.rynn/COVeaIIMalingAdwe�$A90Lttd101$N reHNihOpl If -Al a trangp, has 1M sbcve acesx awn esfNlsfd a ocWe M Isa4 their P01 MOMdlout days thong the past caNn04 yawl AS 0411330 Of YES (] NO If 140. atisch on apaeahon ` SECTION IL PREMISES TO BE LICENSER Must Dar comolated to all In"s of appllcaears Hams tO M uf00 on puarc 40n F an a0ner114nq ta 1denlllY Oromiva IS n Uan iM Dounesrles 0l $munlCl• of nt a mill munlnpaldpT 11., --do'-Witboroughoold ���� 1 A�� • paler pncaponu0 city. DaOugn a umin0 DKlencoaffwre0bger UAS0411410o UtecalorOndicereAnDn O Greater Iran e0 miles 0 Loss men 50 mile$ Coxg social OroWr, Zeal GOxsl pW,eh- ' SECTION 0, LICENSED PREMISES. Fos New and slang-, of 1q6-110r101hahens oar. Promises to be licensed Is: IChesh appropriate bm1-NI 6-Egsltag Facility 1-1 New Siding ❑ Proposed Building O Plan Submitled to File Marshall f v Diagram at preedsa$ attached. Attach a 011-11" dlaWale of the pOmlses to 00110 115" The diagram mug be a true and GO I fillon Of the odraneea and boundaries of Ira pt4nige* to be nanaad, aM the only area Whole 4ICoholIC Dorvages Will Do $010, earned. alqumed. Possessed andtor NOW. of only a Whin of the flea plan n to be nanp0. of m oulllrre In RED the wee rheas •Kole, illo Dsrfraos$ Wul or 0014). eeffod. consumed. possessed Made sto .0.1 SECTION 0, RENEWAL INFORMATION. Pole A —at Appltatlon, only 1"WMnsko1101ntNnrpOfgeaa0 .,consumod.pomsaed wlNaNaadas teastatamantwfIuWcWInterestclans-ODOmIrate$isl$1~1wuDmRnOloteastood banthe lest diagram suDmi11e0i Alcoholic 8a1o,$ge Combat Seats? p YE8 II yes, attach roar euprem jp NO L.1 YES d yes attach now Inn10M 4anlnpl Irdrm waoel C SECTION LTRANSFERINFORMATION.FaTwd*aLtWAHoldelaAOxslwoppltsiOnf Q IIGALnleluamiwascfm-Muir—AluendxumMs•aeenevteOMe"alalnl'1uwrAaallero Q R10•W paaleraOCerMMlda-ArrynpntlMrsteneCupdylgwA90111010bIarDelesa/pDN�roA4aN06p1aIIBlnalgwlmMpwu.mfw. musibrdl0mm au$$PDwnDT (ISAA61asSs114uag•,faNlWOpwleaN-yeewammeuaMgru INIKneN,a pool dMpspryl.-_... Q RlDegten epa•lnrotw-4uwnswnwa aednu----------._� �— -- . ArarllwdNr-b14MNMnwN010WIif_ �_�._._ -� �-_. SECTION F. CORPORATION INFORMATION. Must Do cpmplet0011 ap0ueanl a eoappltanl If • arpaalbn. A8 a.11.0p0 Corporste Ner1r - Doing Business As'BufNeaa N 1 Oat, ol InCapornWn on fair aim, of Alaa /� '•J - "/_ / M411n p Od Sliest Adelijes, of Locsiltin, or fwsixso - - Gl, am a aP coo., cnr nag el . i r Cabal• office swans aft R$glslaies Agem lf1awlel, c/ Agfa AWIe IhI ahoy WIMPre: Y Ma: Rfg10iw10 Agshe (1461119 Address an oho familiar) IQ YES ❑ NO The above name" Capa/nloa Ice In 90011 standing with the Stan of Austria. pasanm•nl el Commerce and Econame Dfvelopiaml CORPORATION DIRECTORS AND STOCKHOLDERS Nx AdddlaW differ, it necessary I % or Shwas 01 - OrMMIp - Full No" (Do not Lox In111an1 Hom, Addn$$ _.Dan of Beth ah, s- TN18 AREA OFFICE USE ONLY Lkensa Numpw Oat, Approved IrOC1aY &peann `— WHITE -PART I YELLOW -PART 2 PINK -PART 3 7 III I I State of Alaska ', • PACE 1 OF a Alcoholic Beverage Control Board I I e30 WSesemhltnnua LIQUOR LICENSE APPLICATION Andlerope. AleDa oawl PLEASE REVIEW SEPARATE INSTRUCTIONS (aD71 g»eBae ease hot. +.tq a to the Ago tiara Reap Pen a for yo n, ales. Thla appl canon le for: alacti Peal )(1 A lull ColMOal year 11 The Na ancient patted oaglnning :'•• `',� and ending @@CTION A. LICENSE INFORMATION. M comehirm for all types of apphabon" r' bOeNAppual$)n: � tic -'-�— 17 New License Fee ............. { i afell[e For liana Yesl Renewal , sea 04.11. - _ �• Filing Fee ............. .. U Q Transfer Of License Holder fdaN Empl a teonuflcanon NumbN '-"'� Penalty at applicable) ...... { Q Rebcatldn Giddier Liquor L'den« Nwnoa 1 erwwan Slid Transit,$) bmlttal ... , ....... { (� Enna a �canly naname and mellinp "dames ore it shoulo op porno Du nest As rme I Nerve'-`- ice- canplNe Only One on theileenes F rNtl ��-0 IIyQ / �'7 ((�r .y.�� 4•��11 �U / %�� �G •`•� der Wei1i o lei, . a Gi S r r 4 ,C 9 y 6 / 1 eValnees phone Numbanal a� 3• % % �/ �-' ❑ Other ,onanWly Cenncs6talnnpAeomaASaHOIOnMrnNroct4ns) . t1 renlwat or bens- nag one "ore Duanst pan t.uaaee a stun ofleap noun (M qigwrftour days.ounng the past caMnsar year? A8 Oe ,11.310I31 YL8 ❑ NO if no attach an erdansetn SECTION S, PREMISES TO 88 LICENBHOQ Must be comprolad to, all types of applications Namarobo utod On po0llc opn of Oi aCgtliunp to i0omily pnmlaoc --- Is Million *I lost lest than BOrHI« from the boundaries also munia. Polly Ilncorpaaf" anr borough or Unified mpniCIOSIVylT �I G Ots6nc fro«uxdUn5v UA80111410a UrocalorerterKar.lnpr Crodsu&faxa Ctesealc,wrcn ❑Bnalar than 60 and« �Wslhsn 60 milesLC(•? !"d. SECTION C. LICENSED PREMISES. rer New one Tmsfa of toabon applications only. Ptcmlus to be licensed n: (Check appropriate bos(ma Q En$)ing facility. ❑ Now Building ❑ Propessd Building 17 Plans Submitted to Fire MNaMII ❑ Olegrari alenlwfass N eclaid. Attach a adgg diagram of Ins poemltaa to bo licenwd The diagram must bta trueand Cared oeacdp11011 Or 116eritrarK« And boundaries of the pram'." to to oconsed, and the oily 0,00 share aiceh0110 0awr690S will be fold. ""riled. consirowd, poswssed andra Nowd. Of only a portion of IRA boa plan 1s to be licensed• please oulline in RED the at" whom alcoholic bo.ele(los will be fold, {trait, consonied, P0161,ese0 enact Grow 1 •� SECTION fl RENEWAL INFORMATION. For Innawal Appllcatlona only Has Wants"Aeteateohdlc bererapnaro sold. tehW.tansumN.tloawatsd anOlaslae0 "'air*oUllelen1 o11wanCnllnlN«Ichanged Intel lice lest slateelonl aubnomod to Ina been changed Ira" the loll dlaprsm submtll«i Alcafwlm BrMnge cAnirol eoWi 6xN0 El YES awe Nuen ,now dugrun. f(j NO ❑ YES a VOLattadl now leltrosl elelemenl gam 000. SECTION IL TRANSFER INFORMATION. For Tmmterottrcenee Hokin., wbennneparNnneanr ❑ IeloWmaryllaMlMdlKanle fnlder-AIINn eocumweeaMthaHdorKO'pnull'ai00rA901118/0 ❑ Npidu uemlerdbeaea hotlH-erry mdlinAas MlCNOdwdH A901116701erpulnesesdepprry0A901Ir 36011MBIwaWa4leeerlaaty uanrW.elu$)bfdtlwynatsapp:eApm 1nAaGtpe 8331 In11or pent'Wpopo,ryconrayedw.intnabuisfe,m lAnacne.lmspel0,rasuM _ O swaceen Berora llaneN,-pauwarlrneamedaNf �.-__ --- ��—,� ---- — Anerpanenr_al,pplanelpandaav«a.- _.----_..�� ,_ `.— r �v y SECTION R CORPORATION INFORMATION. Mau bo comported it awKem a coapphGrlt to a cerpaatron. As 01it 390 CorpaMs Nup Doing Bun�iiess As lousmow Namo) ^ Date of mcorporstun In the State Alamo G . l_ 1Jt:;- at f - 7 4/ Me rig 0e► r street Addsviii or Locatiall of Business �• t%1 At J i /rM o a'i -= CotY• & •tine lip Code 1 14;jIllered tiro and Ben • • Corpora s office wane tee, . Agent Mamsr pen A Ale. M$)denq M .nJ­( L . ^11 // rC��i•.1 Zr1- va: mow. flegisprod April (Melling Address and Phone Nump) YES ❑ NO This above names cooperation in In good 61811411RD wlln the 8lobt of Anal. Department of Conanorea and Ecowmle ogoopabnt CORPOMIMM DIRECTORO AND 8=01"OLDERB Nu additional $hesm of nocialmoryl - - - - -- - - - - - - - - - - - - % of same of - Ownership full Name (Do not ¢« .trial$) Home Address Date of sloth I*' or "A.' r • +. !%t�i��f.� .:• 1 iY e"_'�rr:"' •'�''Tj.C.. �'G,rir� ;t•• 70 7. TN18 ARIA OFFICE D8@ONLY • Nan. NumGr Data APDow" Da«Ia'A 7-11 i..surawrnpar wmr¢••rnnr r rnwn-rwnr a nnwrnm a L I l ,1 1l i 3 G, r� ALASKA LIQUOR LICENSE APPLICATION PAGE N OF a I! l gEOTION 4 IN IVIOUALICORFORATEOFFICER INiORMATION. Tns la ownne lnlWmal on muH DO pral0a01w each apptlunt a eorpOram ollleec ll aor DaAOYIer UN COJppllCgpL/a pafeli0rh, the OlfKsrO hSad M.61 include the Praa0onl. Vie* Prealdent. Iary and 60011lene1 pages as nacyaary. "'I uN Ima O Full Xgo u 1 e too nor usa m,ha a) ,cam AA,4) .:?cIj l_'►Iavt 11 ^0 ron dRlaat p PA hoe, Off, 51610 a ZIP coal - oPO. Ba, Clip Bills a ZIP Code) Nall p M�.' ,iS 8s l _A"'r.-./ A. A•o rr 5/0 ROM Adense Indifferent ROM mailing aOdreH) -. !/S�e M/aq_le/Addllee" 0 ddle1Mt Imm muting address) � . �i Wa7!2JA1IQ [� .. C-1 Ar �/d �� t/'Y�Z— �s[..CS •1Iva1O ( %— � N/ls fw ome Phone WWO Rhone home WOIN Phone Date of gum BOGw eacunty NYmINf Diu of Win 80c1U 6lcuntY flu mtNe Length of AlaWRasbency lsacupaahon.1th- moMrpOrAlleNloey0lt (AKIN of Ali MI!,Ty 18POW9111.0 apaslim Idenidleere lthf4r"`�U)t Month& ir?CS. % Yoram 40n1n fib•/ 1 / 0 CYO I r f:- WI Aire (Do nor Yae u."Is) Fuil "ametnor u1e 0,1141e) - - Vaning 01 PO ! Wry. ete10 a ZIP ,00e) �_�.- 1001,89 ,ass 1 rest Or PO a., C11y, stole a rip War$rrds 74"B1haa1 1 oyl /u )' Svc lra/ndc• $rSn ? 3• 'Fee// Moms Adifeas Of dllferenl Ittan muting addrefsl Viper/rl ! c Naa AWNS$ (Of dllfront from manlng addm t CV.! t r. e , Ae Rd, r r,• r u A N e woos R�1hona homePhoto Mik PhOM Date of e11th adCla Manly Numbat Dots of eY1n BoCl11 Bawnly NDmbur 4}naln of Alasia Remdan15C NECIION N.INDIVIVUAL=RPOARATEOFFICER EACKOROUNO. Must DecomptoMforal IyPnof OPPlinm$. DOnatrylndnefua ateorpOtatoallcananMAetna noe he* Mydlracl of Indirect Intsn4 in anyaMraIMIN; tMIAW Warren ficomedInALUM Ora" Other alaev 0 NO VES aya%give at" name of uslnessMgadalAn e71�,Nv /j/iL 5LS m11%, N j cG A, Y3 Nasaamdm"orcotpa-AtooeMMnaaOADMDWComACieda ef/bny.aH01a1taila Aeao.bancMMolMasallpMNof malagho111GnMd pnlMan InamnNlmatea tM1111WAA.y. IalMof Me $If*Alneethe Iningof IMtam aPglatlont ,T -NO O VEB DNA, pleasanptolnonsaparaeMAalap►pc SECTION 1. OECLARMON. Mum he toad and cafanad to aaeh OPOI, 4nt 1 declare undaf penalty of petlury that 1 have examined this application, Including the accompanying schedules and etstament% and le the belt of my knowledge and belief It is true, correct and complete. - I further cadify that I heva read and am familiar with Title a of the Alaska statute* and Its regulations, and that In accordance with A8 04.11.450. no person other then the appllcantle►ar fleenseels) he$ any direct of Indirect financial Interest In the licensed business. I agree to provide all Information required by the Alcoholic Baverege Control Board In support of this application. I f N appll Ion Is for a Beverage Dispensary or Package Store llcenee. I certify that each applicant named on this application has resided In Me state of Alaska fee at least One Veer polar 10 the data Of this application; andlor the applicant to a corporation registered and qualified to do business In the state of Alaska for one vast prior to the date of this applicator, or all of the shareholders have resided In the plate of Alaska for at Nast one O*f odor to the dale of this application. ammuRHpWCUANFATUCENaaEOWPL AN0 SONATUAgM by TRANSPEREEM r h _ Osbfgjlfwd en0 sworn,to, lore me this ! Q Subscribed and sworn to before me this _ day dl ' /. — ,tg `• Y�—.— rvor 0,1 19 MOrAIM' PU .•, A r F NOfANy WQ IN AND FOR l.A4kA MY commission expire$_irl�QQ MY c0mmisslon "puss OAialele9l Pspe7 WHITE—FANT 1 IFELUM—PAW x RNR—MW A t L OAialele9l Pspe7 WHITE—FANT 1 IFELUM—PAW x RNR—MW A t L 1 ALASKA LIOUOR LICENSB APPLICATION PAGE Z OF 2 EFOT40fi 0 _UIOIVIOUALICORPORATE OFFICER INFORMATION. IN tollowlIq mtanration meet to proeldad tot each appeuM or comoraw outcer. it appncsAl a cPapplltuu1l b[eaporetwn, the olheore hated must Include the Pmldenl. Vice-president.Bscrotary and treasurer Uw eddmonel gag" AS necessary Y me (p0 not YN nlla Full No= Ia0 not use InnrHn / all p IsnaeI_ our. City. State A Zlp CAMI np Addr I 1 1001 a PJer b�W. It- staff, 0 COd•I / / " •Addmalll dilferMtfam rl rp eddy LlJe� Al id mYline addnpa Ore{a V�iOo� fG Nome imoM won Poono Noma Ph ere �j WetyPMnoonje d �T �I - �0� tea• sets 114 Birth VL / &1 W ate of a / _Q ow r;�n— Nr s7 inamotAlaWRasWencY ItappllaMNa atron.gNNAylMoapaaNplhoayou ynpfflolA4WRerdeney ItepptlLnlreaWpprstaeManbhthaeatarAlaolllGerdu ware tbnna hole. were MonIM mod' As, s,1Nt 16 ,� Y o*4 era uNlnl1N1s1 YY / n01 M!^erelM \ �.�ej BLS ale a Rea Ire•1 er FO 8N1, Clly, aide 7rp Ceeel _ MYIII AddnN IBIrNI er 1!II �. ii e. • "'�' • `•• J• siesf- I - l�a� Sri /� a •>da 9y/n</ Noms Address (it different Ban malong addmue Monte Addreae UI dpbreM 6om maxinp eddneal ..� �--- C t',t.ea • bd— //%nr[r16r r[ oa Nome ftone yak Phone Nome Mons Won Phone lA 7 A G a ale of 61Ah social Qaiany NumberGate of e.Ah Aj�i social security NufMNr Ste• 31-TAY inpU oI MAW Reereenry Oap01001 lsAeaporetroll. Wenllhlhlt:orpaei0lhreyeu Length OI Ali W R•Mdenry Il aapheaM reaeapaaIYYL erMhhlhaeapaaroolharylr t ob. w,re Ifdntha , hold. ' w to Month{ O NO Q YES uyn slnatnAnameol Oelieeaardaedma IiPil/A� • /S'%��i �I�' // 1 NeaerlylnenleudoreorpaanoNleNlreled asae Lien W mlgedolatelpnpallowlpndtA80aaseenedm101edeaallpnNA olmNasaro111gnNd atamlfae In awIMrMW st the ilmwlariolthm stateemtre IMIIImpPtteelpl saps WIon? j1 NO O YES 0yaa.pNaeaaeplanonwWreiMtstotPagr. we and eraliee by each epp11eM1. I 1 have examined this application, Including the accompanying Schedules and statements. and re the best of WWI and completa un familiar with Title 4 of the Alaska statutes and its regulations. and that In accordance with AS 04.11.480, I or lieefleesls) has any direct or Indirect financial Interest In the licensed business. wired by the Alcoholic Beverage Control Board In support of this application. leafy or Package Store license, t conify that each applicant named on this application he$ resided In the state o the date of this application: andlof the applicant to acorporation toulstepW and Qualified to do business In to the date of INS application, of all of Ilse Mareholdwo he" resided In the state of Alaska for at heal One lion. r PPLIGNR NIONATUgpOOP TIIANSPMEEIS) k Q r �, this // qr- •.. - �� 8libscflbed and sworn to before sere this • t19 Z.J A.y../•�1 Ifay.101-- 1g —/Y� T'�,. —r•, . y ARY WALK: IN AND FOR ALASKA My commission expires ernna—rnnr . maven—rwm � nnw—r^m a I IN S7&7E OF aLkSK O STEVE t C DEPARTMENT OF REVENUE 560 ORAGE AuSKA99501.6098 ALC0AVLIC8EVER4GEC0NfR0L BQARD November 22, 1988 Janet Ruotsala, Clerk City of Kenai 210 Fidalgo {r�� Kenai, AK 99611 cet Dear Ms. Ruotsala: We are in receipt of the following applications for renewal of liquor licenses within the City of Kenai. You are being notified as required by AS O4.11.520. RESTAURANT/EATING PLACE WINDMILL RESTAURANT i 11 III 'Bute of Alaska ry 'aa7wlCmSom moon ontfol Board i i t� J PAS OF 8 AnC Alaska 09501,. LIQUOR LICENSE APPLICATION ` { PLEASE REVIEW SEPARATE INSTRUCTIONS $aloe Parts t and to the ABC Boaro. �P Part a of out lea► This application is for: (check one) n A fuII cnle o n MN It It"IAron0 _and Ondhg SBCTION A LIC8N881NFORMATI0N uH a cefrot@l to, an lypoe of appnu ono tlrPa or Apptcatt@n. a ^ O old ❑ New �II oer Minn uesnae Fee ...... au autenu r 5) Renewal see. 04.11, .IOD 1�B Flllnp Fee ............ ... f lOSaaD "Mal Employers Identification Number 1-1 Tfnnefer of License Holder 7�198619i4 Fhnally fit applicable) ... • , , f Cueonl uQuor uNnsa NurnOw (For RanewsU and f ❑ )blocatlon b>•i5� mr Total Submitted .....,..... f EA)er aYpueant's name and mailing address As R should sppMr Do, eusmess Al IBuxnan Normal ComNaN Only Qs on Ma P, As: 0 a: -'• Ni1rM11 tleataamlt 41 Municipality (epealty) Yltl�ill IlEatat?IMIL Iram••m•...-•y,�r_...na B00f 895 . Nilid NiYlal illetela Ifctlat{ Alatila 94611 Cfry sues (70 dx1ET••S4D4 ❑ Other F.anrrrYrxbtiDVMa Ma4ilrg M01�NA6 W n�ta17N MRNCuoM) It ronowal or Imaslol• his oho.— license boon esstclsed m aenw at regal Intly 1001 eight -hour Jaye during 1he Pasl Calendar part ASOf.11 03010) l) YES Q 10 . H nor Mach en oaplannt@n. MSECTION S. PREMI888 TO BE LICENSE& eoua bbe compered for all typos of apprcabone Namebbeutq an puellC Upn or In eOwArsrnp to ldontily Oromruc le locuanot primbesprNNf lhMa loss in tOMln lrom lMbmmdarlofaemunwf• Nildatil IIRBtNRalt patiw pncorgQ(Yrld-g11 Ceg1gyplL _I r�n�had munlcipahlh} NIlAII'1 l7Y 6lalib Oregon then eo m.km L]LOSS Ins. 50 mMs Oimr,cemeesarrm AeOf/ut0a U 10010rGifencersanbe CbsestsenomtLminn 1 5r0R C*mlChmcn 1350 88CTION a UCHN8ED PREMISES. Por New and Aansfor of location apphcalrons 011ry PromlSSf m b hennaed rs: IGmscA aDpiopnase beelesll 1_l Eslstlnp FgclldY Q New Bu1101rp ❑ ProPoeed Building ❑ plsM eYbm1110o to Fin Mn1nt4 i ❑ Dlpam al Prornlso ANSd*C ANech a all dleodm Of IRA ONINGOA lobo licensed. The diagram meal bea true.and correct dogCAptioa a the erofoncos and eoundann el me PrsnYNa t@ Its liCMaed. find me only Mee Nhara alcoholic beverages will be sold. {eviod. COA{Ytnad. an{eeted andbf storadfill only a ponlerr Ot the flan plan le to balicensed. PION outlrnt In RED the area wMra alcoldAc benarsit" will be sold. $Made, contained, POftaWd shoot {loved -I YY BCTION D RENEWAL INFORMATION. For Rermew Appliutlone only Naalbearaa wnero aicanobCDM4pes Bra aa0. aenm. confirmed. POWated ar4W stored HAf lro eluement of lmastral lnlNift msngsd from Re jolt slalimonl OupN11e010 Ibe held chargedflan Ira loge tllaggm {Ytlmrlledi Alcoholic Horologe COm101 60erdt O IJ YES If yea eslseh new diagram I( W4 U YES 11 vat. atladl now mufost sw(wnenl tiorm oatOD. 11111171111101111 8. TRANSFER INFORMATION. fqi arolNa ilia wNewer or Wt@eatonoop euwnloxy ❑ Intauxsly uawuasew.lwl0av_waenaoeYmoniaanieneriderto "Oawrander ASOf Hero ❑ WpAaroarofwakamandser—aMvwavrexfeaocuk0urderAeallerourpurppsslaappn.ip/u^Of11oe011y6)mawtamwlraaryuauler,mWlbemedwrwwfgaAbelled OOAAOibe.eSal MgfapmanalpraawMconnyed wunMavenflND WucnocbaaMstunecolunl---_------ ❑ ___-.___ Anse lriNlN—busWtf NAw an0s0aran ._—__ — _=_=��_ _-_ --••- SECTION R CORPORATION INFORMATION. /Aura be canpNlm d gppueam of crsappicont is a corpaHlon. AS Of It M 'Business Corpofale wfM In As JBuaIness Name) date el Incaporslbn m IRA _ _ — Btelaot A,,, 1txBECetx IIC. Yu11Ag Addraas so.Aedfbef a leCitlen yet BYUMe , P. O. Rae f •• 19e6 Oity. cilia aro aye con Olty one nor Capaara FNINs None sew • mk8 SW (90) 262-3204 fupilored Apsnl l NNt Agent's AIasSS lt@wdency 'L1mb8 gin Yoa: Rsprftarad Agent 1 slllnp AUBMandPAon NumaNl tt YES ❑ NO The show named corporation Is In good slondrrp .,In lbe slot@ of Alaska. Department of ComnMu and Economic Dore& pmnA CORPORATION IXREOTORa AND STOCRHOLOBAe (Use additional 0"4 11 atenury.l - — Home Address Dow of Bill. •" q dnafaa of Owntromp FYII NOW Me Hal uselnllNlsl Donald ODerol1 ' ' " 1'fIIi iiggrisW Alex. Finai AKYr— rrrd 6 ' .f ' IbOfi MgDMtlth AN+. KafBl AD r 241 i To lift AnPA nrrlftP lima: nuly .:+;i'. It - -.. QLASKA NOUOR UCBNSB,APPLICATION vAGa a OF a 1 t. t I t i • lE P"o 1 484DIVIDUAUCOR RATE OFFICER INFORMATION. Tho toaowlne btormanon inset of OW ad br seen • 4esnt or cowrow otaeer. B appocon coappll t It a a irp0ynon, me olhpto hated mu/1 Wduds the Ihoeldenl. VmePMaaenl. BKMely and WasuMr. Yee eddlllonal Pape$.. necaNery. YI alto I not Yes ml s N For Name too rM me indisief OMtd Ootnll Ttudt (brriell Melling AOdMaa IBiresl or 11O ate. Gly, ba a LP Code) MNang AdOMes talraol or FCt Boa, City. auto a lip COG) Bel ft93 14vlet Alstil� 99611 flat 8%. K ix, Alm" 99611 Nan' Adateee III ddla l Note m/Ibna addravo Nome Addrees log dill Mat om maeo g address) 14011 1 Ids Ave. Kent0 AleRki 99511: -t 16m woeAi& Ave, Oast, Aleft 91611 ItOrrle PIIOM awn PROM NaM Phese VM% Photo - - (90) 20.9453 (907) 262a2DA (907) 2M440 (ON) in!m la of nA social Deeunly "umbel Deb 01 Bunn setwily Number 6-18.19 095�1221 2-1" �l ;Beath a Alat4 Meweney 1�/PplleanlwaeuPGalum,IGnhrymatorporate0sl0e you Wel( LOngthol AwaNasraldency Ilepgkar111oatapoytldn, genNlylMogppl/wOlhuyou ae0ltth wen M_ esiha nob 11 Peeatdent 3 ! Vk+sAtertfdeslt/aaeeetayy FY ame Ind MI Ves In1111 N ull Name 100 na vex nlla s) iWina Adelees tallest 44 P4 Doe. CI Blale AA >�el na AddMes t&Iesl q PA Boa. Cay. ablerAilp C001 ' - Mane AddlMf tit dlNetent Irom hwllln 'aaM01 e Ilerrle AadMee 41 enrerenl lreln rnrunP eddreN/ NOme Fhoes Were /Tone Mane Pht" Dab of anln work Ph"s 80W1 tiesunry NYnleel Otle of 8uln Saul see.my Numket Learn dl Alae11a14elGncy NAppllcanttu e0rael8t.". gaMIryIMCOryaabothr• you 6CT10NN. INDIVIVUAUCORFOARATaOFFICER BACKGROUND. Must beeompisued iorsul Iype'otawicmta. pOq alrylndlrld4alawrpOMb'IhCeltlenW aeoranowheraalry01pe1 allldlreCl mtaMlln alryahwelellplle Iterelaaa W/IMN IKesOedlnAlaW aeM otesratatey Q NO 13 YES IMe aMaMAlwMatlusuMuamadMaa � It Nua11�MIYbduorcorpG/taanwrlaua.tnwoaanwnea.0o).alonxeYlaallonaAs Oadrkaancomwba.aeueanworm�naaarananaaepNmtuam aMtlwuaea tMllelgrlaweo4nMabbNnalM IIIInPollMpel Ipplicalgny E)-NO ❑ YES Ilyaa. ptearespWnonespateteanestataper. UCT10N 1. DECLARATION, Mllat a Mad and eeluaed by each spalant. I declare under penally of perjury that 1 have examined this application. Including the accompanying schedules and statements, and to Me but of my knowledge and belief It Is true, correct and complete. 1 further Certify that 1 have read and am familiar with Title I of the Alaska statutes and 11e regulations, and that In accordance with AS 04.11.450, no Pelson other than the applleant(s) or licensee(s) has any direct or indirect financial Interest In the licensed business. I agree 10 provide all Information required by the Alcoholic Beverage Control Board In support of this application. If application Is for A Beverage Dispensary or package Store license, t cattily that each applleanl named 00 this aptillCation has resided In the elate Alaska Of for st last one year prior to the date of thlsappucaillm snO/ol trio aWkmt•ls 0 OOrpoatlOnisgl$tOM end qualified 10 do bustnas$ In me elate of Alaska for one year prior re the date OI Ihl$ application. Or all of the shareholders have resulted In the slate of Alaska for at leaal one year prior to the data thle application. 81411ATUREW OF QUOW WINNER*(A►IDUCANq 110MATUR[(e)OPTRANRF[R[gp .Sher 01) 1! Ywn+eillq Aleelu iDp1 711 N St[[!t BWfn 440Subacr (91)7) 2sor►ii7 O Tfdmwdllrrl�s btp me this h Subsoilood-Mll sworn to before me thipday Of 11� + +B .5' day of 19 NOrA Mll P -' NOTARY PUBUZ IN A D FOR A —LA . • ' My corn an cap My commission expire �... 0 �4 DEPARTMEN ALCOHOL/CB L � - November 16, 1988 F e oSN 0 SrE C T OF REVENUE aaow. ?MAVE ANCHORAGE, ALASKA 995014698 EVER4GEGONTAOL BOARD Janet Ruotsala, Clerk City of Kenai 210 Fidalgo Kenai. AK 99611 y. Dear Ms. Ruotsala: We are in receipt of the following applications for renewal of liquor licenses within the City of Kenai. You are being notified as required by AS O4.11.520. CLUB AMERICAN LEGION POST #20 . 0 1 t - Sfale Of AtesM C, j, PAGE 1 OF IAICOnWt e50 w. Sc Gswrecram. A%gs ConO018ca0 -Us LIQUOR LICENSE APPLICATION Ancnnrap`,Agshla05o1 Igon 2TT.e61e PLEASE REVIEW SEPARATE INSTRUCTIONS _ eene Pesls t and B to the AID tl"rd. yr-f1- WIT Palo a- (Do four oil". d Wife application 10 fpr Icnca one) '! A lull toiendet yoar O The me Alban period winning and ending GECT10N A. LiCENSII INFORMAT cwhir N trivet of apsguesuona _ ljf 01 /i W ialroh Q Now LKanN 141110 - q- License Fee ........... t 1p00 -` Renewal Filing Fee ....... , ./� .. t >♦ �j p, od? sagrima..lenw For License rearp Sec 04.11. r / Federal Emplo"I a Itenblrpsh"A Number Cl ilanefer of License Nobler / Penalty St applicable) o..... O Rotocation ubmlttetl Curless I q.W Lich" Numbe IFor Rogis eate and nansh s) 6ON Enter ecobuhle name am mamrg aoomu *sit Nowo ippsai pony ewnpy AS lep«naN Name) Co at* Only Ona on era bcenat • A/�� ,� Pps`j.- (klrMunlClp4lly cc Aij��e,cA� ,1��; o,� /�� 3o f eY in.N e r� �� ,NN;udr• PO. xf7j /ow tali ��/I YNnesi Pn0/1a NVmONUI l9G�1 S 3- 99.?a- rl other I;aNnu;itycwno�a.pnoimmiaoa N misi.l�urY�nN,q II tM1wN a Iren/1eI. nN 1 clinic hceMe been oretclteo d aclrre a less m�M I>01 a�pm hour doh durug live pass takMar yeary AeOa.ff dTD Idi YE$ ❑ NO It M attach an ImplaMton. ' SECTION IL PREMISES TO 80 LICENSEE Must tv computed for all bat of spdicanont _ Name to be Noon pubhc«pn cite ac.Nbuny to �dOnUly prem�we � Is locNmn of premset greater manor goes Irian 50 mrlq from the eoNWargs of a munrci. p4dy pncopaglop city, enouggqh or unified municipality)? DsurcertwaelAlOYrtlP fl 0.11410. I_l bCNydnarclrwnom t.'ydoel6eriodawnes / n c cmeameiemrh AheAs endP ❑Great&than to " less than so man TION G' LICENSED PREMISES. to Non and lanttor of wcatron apphcahons only tea 10 Do Itcertud ta Vieth eOproN.ate DosUsl eubng Facility ❑ New Blinding 1_' PMOsedOunang ❑ plans Subrit to File MatherlaPam Ell of e1anlNa "edged. Attach a Mtp,&a diagram of the ptemites to be licensed The diagram meal be a true aryl comet desenpllon of the emrene" and oeaedauef Ina pramNa b n hctnsed aM 1.0 only Dies swore alwholla bNefagaa sill Os Wld. ""ad, consumed• post""Cs Im"I NOred. or only atgcu i nOI maneat Dian Is to to liconbed. DIN" wig, In RED the arts whale aledwhp boyersyN wd1 be told. eaMd. canturhsd. potaMaed anchor Nord.) SECTION Ot RENEWAL INFORMATION. Fa Parishes Apphcalane dllr has the anawMwel[etldid eeMrpta are �oMl. NeYed.consumM.WNetNo indb Hared ass lM eWemonlet lmenGaimlerest drangeetmm invest ►talow4ni 11--nedIf. been changed Imm to last d�pgtam submitted? McOhdic eon epe conml Board? NO I I YES a VOL onach n.e diadram I NO U YES it yet, attach now interest statement IfNm Oa90a1_ SECTION E. TRANSFER INFORMATION. For eonst«ef MAU HMOI at Relcalipn eppacalipm orW ImoynaNnnalMdttenN lggp-anandpwnwmelMlclrawdsrge dolauh-undNASa/lero U Rngao, Uamts, ctmatggsr-aq uatru ADAuv amcuadun&,Aso.It orolypuim"D, acpNnpA90e11 3e01419Inslain ovortarfitnf&. musbsteedwnhtngaw"to" (iSAAr-t04655)1MdapenoNlplgwltrcorMysdw:mlheltanNerd (Allachalra WWI anotesterro Q RefbcalWl Betas UaMtN-LY4nNlwme attlsdaaN _._- ,�__.. AnNUaIIINr-Alirnees/yryatHadAMt ��._�_�.._�'v ,�„ �- .�•_,�,� SECTION F. CORPORATION INFORMATION. Must to contputsd n applicant or boapphcam is a corporation. AS da R M Corporate No"* ~� Buanou b IBufilveu Nomol Darla of Into Rion In In elate of Alai Mailing Address 61"t Adeast of lecatlon of eusinest City, state and Dp CAM . .. . . Orly an4 state . • _.. _. _ _.. - Cyporate,ONies plume Nu Reglllored Agent INams) Apeniti Ateaha W sldency M. RegisteredApenl IMa110g Address and paona Numben nor U YES I J NO The ocoro n mo0 corposlion is In good sanding OM the Sit* of Alaska. Depalrtlorrl at Conwterce and Economic pevelit"nit-- - - - - CORPORATION DIRECTORS AND BIOCSNOLOERS. Nee oeddlonal Maas II neci soaryl % a snares of Full Name (Do no use InmNe Memo Address Oast of Bdtl OwnNahlp THIS AREA ORRICE U88 ONLY Liven" Numb« Date Approved Ogncta's eranatuls I i i i ALASKA Liam LICENSE APPLICATION rADE it of st j EEOTION O. INDIVIDUALICORPORATE OFFICER INFORMATION. The trawlrg Intomahon dNe as oroaldad lot each ■omicam or corporate otlkN. It applicant or coippitearA tt ■ c allon, the onlcont InNd must Include the P,nldant, rtu ittaaremt. Becl■un aMl 1Neur« us. ■aanron■1 es na..un. papoo u l ^uM tmhNa till NArne ( na up mnw« ( emng to (sl�, t0 Boa. GIy. stale a Sip Cods) AWllnp Addreta 1&net a Po 9a. G a Ap Cady // �1� NO• Addmep daunnitm Inbh adeMs _, 't0 Ilona n t t m«m rom mrimp ■ aeaa 94A VMS Nome Mon■ wom -ono _ _ .. - 341 Q Moore Pnone Bbra Pnone yL •:' // Z L D■ d B nh Ial securely NumMI onto anw eeeunry MnMrer "h to _ G-s'/ �Faeo� I ut alltuaCppanWn.IdmhrylneCdpHanotharou tenpin of udomnllq "14IM10mq veNa taonlM ha . - - E tCr .), '✓t�i �IfF IGa uu Nonw 1 nil M Iran s) uu Name too nil use tents y aun0,cedra 161Ne1 m PA Bra. CrA. Bete � t Coee1 w I�slrat of p0Cry. 81en a Code -� —•-- Nome Address l 0t ddllannt Iron mailing ■ddMal Nome Adanea fit d RAranl rpm matbnp eddrtal ih6 — Noma Photo . 0 Nloe Rton■ Z � Waffle Phone wore Mom 96-r6 y7G Can of Binh Socnl e«onr NumW, ,P of atnh "to Incwity Number •-- IA- - 9z/8' "oMCantta■cdrporallen, tenplhot Maths puency rdwartrtMtorpoquollrw yolk tenplholAAµ R Aldantr ^ 011MI too CopmAI.W.reanhtrlMC0 Nwt n u Vast, to MAO »'uT taen MonNa IJECTIONi ANMVUAUCOMPOARATEOPr Cgn net-MROUND. Meet D�te,lY IndNidutl ar cdparMe m tk« nartttd taow nw tow wry d11eCt e r IIIa1NCt Inn NO ❑ TES uwe.tyu«en,naneaouunauandaddnaa ad and canine or each spol'othl. t have examined this application. Including the accompanying schedules end slotamenta, and to the beet of tract and complete In familiar with Title 4 of the Alaska statutes and Its regulations, and that In accordance with A9 04.11.450, at Ilconsoels► has any direct or Indirect financial Interest in the liceneed business. trod by the Alcoholic 13Ovemge Control Eoard In support of this application, Gary Of Package Store 1100nae, I ceelfy that each BPDIIWnt named On 1hNI 2pptlC8110111 has resided In the state the date o1 this aplNlcatlonc and/or the applicant Is a COTPOtat1011 Teglstered and qualified to do business In to the date of this e_ 011catlon, or all of the shareholda9 here resided In the eyls of Agaka lot p toast one Mtr«NTi 1110NATUSI'I610F TIIANsyd1l15U l � 19 -t�: I bp: Subrcrrf> ?pd sworn to before me this i.l day of 19 _, r1 NOTARY PUBLIC IN AND FOR AWKA My commission expires ..----- --- _- L III COUNCIL ON AGING RDGERAR MEETING AGENDA WVHMER 16, 1988 KENRI SENIOR CENTER 1PM � l I� MAYOR'S COUNCIL ON AGING November 16, 1988 Senior Center President Sylvia Johnson Presiding 1. CALL TO ORDER k* ; 2. ROLL CALL Present: Sylvia Johnson, Betty Warren, Gene Sipperly, Patrick Cartee, Fiocla Wilson, Francis Meeks Absent: Shirley Henley, Roy Moore, Lou Schilling 3. APPROVAL OF AGENDA Betty Warren asked to add an item to Old Business, Report on Ticket Sales MOTION: Francis Meeks moved approval of the agenda with the addition, seconded by Gene Sipperly VOTE: ` Motion passed unanimously 4. APPROVAL OF MINUTES of September 13, 1988 Pat Porter asked that under item F-1 where Clarence Ladd spoke, the name of Randolf Austin be corrected to Rudy Aust. The minutes were approved as corrected. 5. OLD BUSINESS a. Foundation Pat Porter reported that Articles of Incorporation have been signed, sent on to the attorney, a fee of $35 was sent with that to register with the state so we are waiting for that to return. b. Congregate Housing Pat Porter: These are two separate items, the congregate housing and the building expansion. These are items we need to get on the bandwagon and support as a unified group. The City of Kenai -has - - --- - - -- listed both of these as priority items on the Capital Improvements list, the Borough -has listed the congregate housing as -a priority within the Borough. You are going to have to become very involved { in lobbying for these two if you expect them to materialize. This is a very tight year for funding through the legislature, but nothing is impossible. It just depends on how badly we want L t COUNCIL ON AGING 1 November 16, 1988 ' Page 2 a these projects and how much time and effort you as board members and individuals are willing to put into the effort. There may come a time when you will have to make a choice between the expansion and the congregate housing. The . expansion is worth is about $500,000 and the congregate housing is worth about $1 million. ,"- There will be a meeting at 2:30 P.M. with legislators on 12/8/88. Paul Fischer, Mike Navarre, Swackhammer, Jim Zawacki, Mike Szymanski, and Jay Kerttula have been invited since the congregate housing is a regional project. Paul Fischer and Jim Zawacki have ,. accepted. We need to have as many seniors here as possible. • s; Pat Porter presented the plans for the expansion of the center. President Johnson asked to go on the record stating that there is a committee from the Center that met with the architect and this ., drawing is the result of a lot of time spent. d. Sign ' Lee Baily has been working on the sign and hopes to start c construction on it in the spring. e. Sale of Tickets to the Style Show - Betty Warren reported that she sold 25 tickets at the Chamber of Commerce meeting today as a representative of the Kenai Senior Connection group. Total tickets sold number about 50 and asked for - (i help in making deliveries and collecting money. We should try to sell 100 tickets to make this fund raiser a success. There will be no host cocktails from 6-7 P.M. put on by Lou Schilling. The g tickets for the cocktails will be $3.00 and the seniors will be getting a portion of that as a donation. The fund raiser is to help supplement the meals served at the center. There are 2,000 more meals served than we are funded for by the City. Pat Porter explained that the Kenai Senior Connection ¢ and the City funding are separate. 6. NEW BUSINESS a. Policy y 1. Day Care Transportation - ------ _ --- - - -; --�, President Johnson a lained-that -a xP packet of information had been ......---.----._-.-- passed out regarding the policy at the Forget -Me -Not Day Care Center by the Director Liz. Pat Porter stated that there is a slight change which was a recommendation that she had made in response to problems and they " would like to have you approve. It is under the transportation j _ - 1_- o { 4' a.. 4 l.' V' I 1; I COUNCIL ON AGING November 16, 1988 Page 3 portion item d. The problem is that when the elderly were taken to the home there was no one there to care for them and there are some that cannot be left without supervision and yet it is not the responsibility of the adult day care program to provide services after a certain time. The new portion of the policy would read, "In the event that the care giver or family is not at home when the participant arrives home from the Center the driver will poet a note on their door that they arrived at such time and have returned to the Center with the participant. The driver will radio the Center that they are returning the participant and notify the care giver. The family care giver shall make arrangements for picking up the participant at the Center. A $10 per hour -fee will be charged for the time the participant has to wait at the Center for pick up. Pamilies and care givers shall be made aware of this policy at the time of admittance to the day care program. A signed copy of this policy will be placed in each participants chart." Pat Porter: I recommended that because people began to take advantage of those type of services unless there is some type of penalty. Because we can't just go off and leave the frail elder I feel it's someone's responsibility to pay for the extra care being caused because they weren't home. Gene Sipperly: I feel it's no more than fair that it be done. Pat Cartee: It's no more then fair that they at least leave a notice for somebody who can look after them if they're not going to (~' be there. Pat Porter: I think you should give that option of waiving it but I didn't want her to put it in the policy in case she did have problems. Some of these people would expect her to accept any excuse they gave her. Pat Cartee: You can handle that on an individual basis. MOTION: Betty Warren moved to approve the policy change with the stipulation that the director have the right waive the fee in an emergency and her individual discretion, seconded by Pat Porter. VOTE: Motion passed unanimously 2. Donations Pat Porter explained that at the next meeting you will be asked to approve a donation policy in view of things that are donated to the Center. -The--attorney.-will _write that up. - For _instance, who- .will determine whether it goes to the City or the Senior Connection. A written policy will help. b. Senior Card Charge Betty Warren explained that in the past when people come in to get their Kenai Senior Citizens card with the sticker. We have never M COUNCIL ON AGING November 16, 1988 Page 4 asked for any proof of age or identification. There have been people in the community who have been using these cards for identification other than at the Center. I feel that if we don't ask for identification, these people who have been using these cards to say they are 60 years old when perhaps they aren't. Also, we have been picking up the cost of these cards. I think we should charge $1.25 to $2.00 in order to help with the cost. MOTION: Betty Warren moved to charge $1.50 for these cards and that we ask for proof of age, seconded by Pat Porter VOTE: Motion passed unanimously 7. PUBLIC COMMENT a. Clarence Ladd This portion of the minutes are verbatim. A * indicates words that are inaudible within the text due to the taping system. Clarence Ladd: I asked for an agenda and Pat was good enough a few days ago to have one, somebody else wants an agenda. I was trying to talk to four of the members setting over here now, and ask 'em some things, I was just curious, I been gone for three weeks, I been to the Philippines, I come back four days ago. Why did Sylvia Johnson, childish I thought, come up behind me with a mike and stuck a mike around me, that was ok, I'll talk in any mike or any public place here ah, with a clear conscience. Anyway I thought it was very childish, I tried to turn my back and she followed me around, I was asking friends the Meeks for an agenda, thanks to Francis she let me look at it there. I have nothing to say here today, there's some things that I've always had in my little note, things that could improve all the seniors around here and I'll, since I got back I've heard many many things, I don't think there's much truth to it, but I do understand there's an investigation going on here at the Kenai Senior Center and I guess that's why Sylvia Johnson's very cold *, Betty Warren yesterday.*. They -were very cold to Clarence there, I'm a big boy I can take it. See if Clarence is the only one here today * to be heard here. Then I also heard this investigation is going, Sylvia Johnson, Betty Warren, and our director Pat Porter here. So I guess I was *,-Clarence made a couple -of acquisitions (pronounced acquisitions,__. probably means accusations) at City Hall and I don't know really just what -they- mean by -that. - -But here -two -months ago at your meeting in here, Clarence did get up and spoke on a few things and especially small claims deal that turned into the court * $204.00 so I've heard these acquisitions here that I made the .... Pat maybe you can explain to me what is .. takes ... explain to the COUNCIL ON AGING j ." November 16, 1988 Page 5 members and the senior citizens what is taking place here, big Kenai investigation well something's wrong here. And on the record. Tape Change �• " Pat Porter: Well, I'll just make a couple of comments. Clarence Ladd: Yes - Pat Porter: First of all Clarence you are very aware of the fact y " that the investigation is going on. Clarence Ladd: I haven't heard. Pat Porter: The Alaska State Troopers had been to visit you before you left for the Philippines, they had been to visit a couple other - senior citizens that you referred them to so you're very aware of 1., what was going on before you left. :.....:..........:...__-._. .{ Clarence Ladd: So you say. About what. Voices are overlapping and inaudible individually. Pat Porter: Well, I think that, well, it's still under investigation, there are criminal charges, which I have had to get outside counsel for and I don't really feel that this is an appropriate time to answer or to go into that until I have been totally exonerated from those charges. So at this time, unless my attorney advises me I will not make any comments regarding anything that has anything to do with the case. Clarence Ladd: Ok Pat, thanks. The difference before when I come back the newspaper even wanted a statement from me. No comment. Because I really really don't know what's behind it but I do know two months ago when I set in a meeting and asked about the small r` claims property $204 I was plainly told by you Pat there it's none 7 of my business, and I agree, * business that's going on and I think many things come out of that there since that by me as another person, checking through the court records, that's it's certainly - open to the public over there. And I happentojust come in on that. Something else got involved while some bigger money we won't go in and discuss this bigger money but that we won't go in and - discuss this big money, that money was floating around. Police records show that the four persons over here at the Center and I for one and other people that was at City Hall at that time was _ very much concerned about it and I think * for saying it's none of our business. We are seniors and we are concerned about the whole `- Center, Pat I'll look right at you, Sylvia, Betty, if you can't say - - -. - - - - to Clarence you -never said anything ng or -run this Center down, all-- - -- - --- - four of you, you do a beautiful job here but I would like to hear, the -people, seniors to be -heard a -little -more, -I -made a -comment one - - --- time I had something to say to the Center 'cause I got accused of by people, if I had it, I was told, I denied that, I was plainly told that I couldn't talk to people in the dining room because they COUNCIL ON AGING November 16, 1988 Page 6 don't understand. Well, Clarence is one and Clarence don't understand things so he comes in and asks questions and gets simple answer. Betty, I'm looking right at you, I ask questions to you and you direct me to our director. Sylvia this is directly to us * Sylvia there. So that's all I have to say on that. There is some minor things, very very important here that I'm very much concerned about the Center and I certainly hope that this here Council on Aging four people setting here today plus the two officers setting right behind me now. What I would like to see more of the Mayor's Council on Aging show up here and some have missed four meetings. *. But they don't have to show up I don't say nothin' about that as long as we got a committee here of senior citizens and they will speak up for theyselves and be willing to listen to Clarence and listen to some of the *. I said before, here I'm going into a speech so I'll make it short but many of 'em don't come to these Mayor's Council on Aging to be heard because they cannot be heard and they are plainly told to shut up or plainly told to or you only have three minutes, there's Betty there says president * Clarence only has three minutes and shut up, well Clarence said he'd go to City Hall and he says, two months ago Clarence says thank you Pat thank you something like that. And I go to City Hall. So I guess Clarence ... *. So if there's investigation going here I'm very much concerned about it and I certainly not going to bad mouth this Center over here or the people. And if Sylvia Johnson and Betty Warren don't want to speak to Clarence, Clarence is a big boy. Clarence can go to church on Sunday Clarence has a clear conscience and he does feel he is a Christian and more than I can say for certain folks. Thank you. Betty Warren: Madam Chairman. The Alaska State Troopers and Sylvia and I spent several hours with * and about 2 1/2 hours, it was all taped, because I personally will not be at a meeting with some persons unless it is taped, because there have been times in the past statements have been made that then you have to go to other persons that were at the meeting, very difficult to have total recall, on some of the accusations that are made. I did talk to the State Troopers and we have an investigator here at the Center and he did say that this was a criminal investigation and we were not to discuss it with other persons. So, um, I personally will not discuss the accusations that were made by Mr. Ladd and Mrs. Vozar because I, I was told by the State Troopers not to do Q.o, . and .l was also -told ..to come to the Council .with .that so that is why we are not making statements today and I am sure Mrs. Porter was probably given the same advise. I will say for the record I have no intentions of talking to Mr. Ladd. I do not wish to have anything to do with him. It is my own personal opinion that he has been very destructive, that he has taken away from the senior citizens that come to this center the time that the director and the assistant director spend helping L w�rr V COUNCIL ON AGING November 16, 1988 Page 7 other seniors. If there are any seniors in this community who do not come here for whatever reasons Mr. Ladd has stated, I am fairly well known in this community, Mrs. Johnson is and other persons on this board are, I've known Francis Meeks for 20 or 30 years, I've known Fiocla for that long and no one to my knowledge goes to them and makes the accusations that were made. So I feel, as a free white American citizen, 70 years of age, that I do not have to talk to anybody that I feel is trying to destroy the Center. This is my own personal feeling and you do not have to agree with me. But I do not intend to talk to Mr. Ladd. And he is not to call me Betty. My friends call me Betty. I'm Mrs. Warren. Pat Porter: Sylvia, only one correction I would like to make, I'm, I feel that I wouldn't want to have it in the minutes without a correction being made that anyone was ever not allowed to comment or speak before the Council on Aging. I can't remember maybe they have been silenced in the past but for whatever reason by either the board members. I don't know can you even remember of anyone who wanted to speak before the Council and was not allowed that privilege. I think that you need to go on record as, as, not agreeing with the statement that was made. Betty Warren: I think the members of this board should state their name and whether they agree with that or not. Starting with Fiocla. Fiocla Wilson: Inaudible Betty Warren: It won't be on the tape if you don't speak louder. Fiocla Wilson: Inaudible. Patrick Cartee: I'm Patrick Cartee and I think everyone has, I can't think of anyone * ever been turned down, but I * further than it should have been and I *. Francis Meeks: I'm Francis Meeks and I don't, like I said I, I've, there have been some people that have gotten quite * and ... maybe repeat themselves. But otherwise I haven't spoken to or remember anyone that wasn't able to speak. Gene Sipperly: I agree. Nobody has been turned down to my knowledge. That wished to speak. Sylvia Johnson: I'm Sylvia Johnson and * and I've been on the Council on Aging for approximately twelve or thirteen years and no one has ever been turned down that's requested an opportunity to speak before the Council -1 do know that I asked Mr. Ladd one time when he went into a tirade and was bad mouthing people that were not here, I told him -that -he -could not do this, -I would not allow it, I was presiding officer and if he cared to speak on what he was supposed to speak on he would be allowed to speak and he was not to bad mouth anyone that was not here. And I will not allow anyone, I don't care who it is to do that while a public meeting while I am in L F0 COUNCIL ON AGING November 16, 1988 Page 8 chairman and in charge of. And so, I feel I did the right thing. I do not feel that I have to defend myself for doing something that was, because he lost his manners I thought that, I was not out of line by reminding him that good manners went first. And that's all I care to say. But I've been at meetings, I don't think I've missed very many meetings, in my thirteen years and I've been many many subjects brought up by many many people and there's a limit of time to a subject they want to speak to maybe five minutes or ten minutes, whichever *. So anyone that has something that has something to say is allowed to say it. And if we have nothing further. Betty Warren:- Madam Chairman 1-just would like to say that, since I will not speak to Mr. Ladd, yesterday he told me that I was not a Christian. And Clarence Ladd: An active one. Betty Warren: I, I do resent that. I think that in the last 17 years of my relationship with this Center and other activities in this community that I have never been accused of not being a Christian, of not being a * and I will not tolerate such horrible accusations *. Sylvia Johnson: I, I need a motion for adjournment (person making motion inaudible) second (also inaudible) Verbatim transcript ends. 7. ADJOURNMENT There being no further business, the meeting was adjourned at 1:57 P.M. l;go6 � Janet A. Loper Transcribing Secretary L Biantowlat (Hstiou and &nventton Buuau • BICENTENNIAL November 30, 1988 .q) Mr. Bill Brighton, City Manager CITY OF KENAI �,, ct • . `�d� 210 Fidalgo Street �� ,�>`�.;• - ; Kenai, Alaska 99611 Dear Billt At the November 15th meeting of the Bicentennial Board of Directors, we discussed several items, many of which involve coordination and approval by the City of Kenai. Two of these items aces (1) The possibility of street signs in the downtown Kenai area reflecting the "English-Russian-Dena'Ina" spellings. If approved by the City administration, we would proceed to obtain the proper spellings for each street selected. (2) In a presentation by Mr. Alan Boraas of Kenai Peninsula College, the Board was advised that Mr. Boraas is considering an archaeological dig in the area of the Kenai Municipal Park off Forest Drive, which is considered to be the site of the original village at the arrival of the Russian Fur Traders on August 20, 1791. Therefore, we would ask that should the City of Kenai be considering any upgrades, etc* to the Park, that the historical significance ,,. be included in the plan and that Mr. Boraas be contacted and his pending pro- ject be coordinated with any efforts on the part of the City. We are excited about Kenai's heritage and are looking forward to working with the City of Kenai in preparation for our Bicentennial celebration. - Sincerely, ---- - - - Robert F. Williams, President CCs` Mayor John J. Williams Keith Kornelis, Public Works Director i; Kayo McGillivray, Dept. of Parks & Recreation i. i. P. O. eox 1 91. Kenel. Ataska 99811 • (907) 283.1991 a -i AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 16, 1988 - 7:00 PM � A. CALL TO ORDER T 1. Pledge of Allegiance 2. Roll Call - 3. Agenda Approval ' 4. 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. ill b o se Grate discussion of these l,. f There w e n p items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Min.) C. PUBLIC HEARING D. COMMISSION/COMMITTEE REPORTS 1. council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Recreation Commission 7. Planning & zoning Commission 8. Misc. Comm/Comm E. MINUTES 1. *Regular Meeting, Nov. 2, 1988 F. CORRESPONDENCE 1. *Anchorage Mayor Fink - Alaska Clean Water Fund G, OLD BUSINESS H. NEW BUSINESS I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. Clerk Finance Director Public Works Director Airport Manager SCUSSION Citizens Council VOURNMENT L� L J KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 16, 1988, 7:00 P.M. COUNCIL CHAMBERS MAYOR PRO -TEN CHRIS MONFOR PRESIDING A. CALL TO ORDER Jil Pledge of Allegiance 2. Roll Call Present: Chris Monfor, Mad O'Reilly Absent: Mayor Williams, Art McComsey, Ray Measles, Hal Smalley, Linda Swarner - All Excused Councilwoman Monfor called the meeting to order. * 4`-L There being no quorum present to conduct business, Councilwoman Monfor adjourned the meeting at 7:08 P.M. Janet A. Loper T. rrI A. B. C. D. - E. L F. i a_30 AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 2, 1988 - 7:00 PM 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. SCHEDULED PUBLIC COMMENT (10 Minutes) PUBLIC HEARINGS I. Remove from Table - Ord. 1280-88 - Amending Kenai Municipal Code - Supervision of All Employees of Legal Dept. & Clerk's Office under City Manager a. Public Hearing - Ord. 1280-88 2. Ordinance 1297-88 - Increasing Rev/Appns - Repair of Police Vehicle - $3,800 3. Ordinance 1298-88 - Amending Kenai Municipal Code, Title 7 - Purchases without Competitive Bidding, Increase to $10,000 4. Resolution 88-84 - Urging DOT & PF to Designate Portions of Seward Highway as # 1 Priority COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Recreation Commission 7. Planning & Zoning Commission a. -Misc. Commissions/Committees MINUTES -- -- - - - - 1. *Regular Meeting, October 19, 1988 CORRESPONDENCE f ri L 1. *J. Johnson, Alaska Airlines - official Airline for Bicentennial 2. *R.L. Cottrell, Kroger Co. - Support of Cold storage Facility 3. *Sen. Stevens - P-3 Orion, Homeporting 4. *Mayor, Saitama, Japan - Thank you for visit, Karin Bryson 5. *R. Kowalke, Anchorage Economic Development Corp. - Thanks to Mayor Williams O. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Discussion - Lease Application - Inlet Fisheries Inc., Kenai Spit S/D 4. Discussion - Request for Mutual Rescission & Release, Gusty S/D - J. Wade I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager L r- KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 2, 1988 - 7:00 P.M. COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS PRESIDING " A. CALL TO ORDER ,. 1. Pledge of Allegiance 2. Roll Call 4 Present: Mayor Williams, McComsey, Measles, Monfor, O'Reilly, Smalley, Swarner �. Absent: None 3. Agenda Approval a. Add item B-1: Mr. Butler for Mr. Ferguson on Lease Assignment b. Add item B-2: Mr. Jack Brown, Resolution for Marine Transportation System c. Add item E-1: Corrected Minutes from October 19th and remove the minutes from the Consent Agenda d. Add item F-6: Letter of Thanks MOTION: ..._ Councilwoman Monfor moved for approval of the agenda, seconded by Councilman Smalley VOTE: Motion passed with Unanimous Consent r 4 4. Consent Agenda a. Remove the October 19th Minutes rtx -' MOTION: Councilman McComsey moved for approval of the Consent Agenda, seconded by Councilwoman Swarner VOTE: Motion passed with Unanimous Consent t'• -' _ {j B. SCHEDULED PUBLIC COMMENT (10 Minutes 1. Mr. Barron Butler for Mr. Ferguson - Mr. Butler:- -A little- background -first. - --Mr. Ed -Ferguson and -I- are - 'l. business partners in a venture known as Big John's, the new Texaco and convenience store on the sterling Highway. One of the parcels i of property that we are collateralizing along with our personal ,. i�. Yi 1 .1KENAI CITY COUNCIL NOVEMBER 2, 1988 PAGE 2 loan to the Alliance Bank happens to be the physical location of the Tesoro Service Station on Gusty S/D Lot 1. Obviously, in order to collateralize that the bank requires an assignment of the lease, since it's on city property. We came to the City Manager's office yesterday with the Alliance Bank version of the lease. The City Manager and City Attorney looked at it in preparation for this evening. The City Attorney has made some recommendations and we accept these recommendations and modifications as they have been made and request your approval. Legal Assistant Graves: The only comments I have are contained in a memo sent out to Council by -Miss Howard. The Alliance Bank assignment, had we agreed, would have made us indemnify the bank for any losses it might have suffered as a result of this assignment. Obviously I and the City Manager felt that was completely unacceptable. The other major item we cut out was clause it waiving any claims we might have against the property or against the Fergueons. MOTION: Councilwoman Monfor moved that we accept the assignment of lease with the amendments from the Attorney's Office for paragraphs 3 and 11, seconded by Councilwoman O'Reilly VOTE: Motion passed with Unanimous Consent 2. Mr. Jack Brown Resolution for Marine Transportation Svstem Mr. Brown: I attended the infamous meeting in Girdwood at Max's Bar & Grill. There were two items of significance for our area; a) the first is this resolution that I am going to introduce to the Assembly on November 15th. I am asking for your support on this. I feel that if it were introduced right now it would be a tight vote. Soldotna City Manager gave me 100% endorsement. The Soldotna Chamber of Commerce is inviting me to speak Tuesday and tomorrow I will speak at the North Peninsula Chamber of Commerce. I believe that we're going to get support from those organizations. Basically, this feasibility study is being done in conjunction with Mat -Su and Anchorage Boroughs and if you will notice in section one, the Kenai Peninsula Borough is going to pay $12,500 and that is on a per capita basis. Anchorage has voted to pay the bulk of the cost and that is $75,000. The Kenai and Mat -Su Borough would split the remaining $25,000 or $12,500 each. I'm not here asking for money. We had two gentlemen from the Alaska Marine Highway there and they explained their operation to us and we mentioned right from the beginning that this projected -ferry -system may or may noti go under the Alaska Marine Highway system. We want to do the feasibility study and then see if it would be better served by private sector. I got a sense from many Anchorage and Mat -Su assembly people that is 71 i r ..KENAI CITY COUNCIL NOVEMBER 2, 1988 PAGE 3 { they would prefer it was private sector. I don't have an opinion yet, I want to the see the study. The ferry system serves 400,000 people annually of which 80% during the summer are tourists. Their annual budget is $63 million, their revenues are $33 to $34 million so you can see that they are being subsidized heavily by the state. One of the highlights of this proposal, if we do an Anchorage/Kenai/Mat-Su run is that it potentially could be self supporting which would make it the only route on the ferry system that is. The closest one that is self supporting is the Puget Sound run which is 90% self supporting. If we do elect to go under the Alaska Marine Highway system we could offer them something not currently being offered. In looking at some early study projections, it looked like there would be at least 80 truck loads per week that could be shipped from Anchorage to the Kenai Peninsula. They are currently paying $2.00 per mile or $632 per truckload that comes down from Anchorage. They feel that they could reduce that price to $230 per truckload by using the ferry. The 80% tourists that use the system, in my opinion, in the Kenai/Nikiski area we really don't tap the tourism market to any extent and the ferry system has a lot of exciting possibilities for us. Whether it ends in Nikiski or Kenai both communities are going to benefit. If it terminates in Nikiski, there is one road and they have to come through Kenai. There are three modes of transportation looked at right now; the ferry, the hydrofoil, and hovercraft. Again I don't have an opinion. I feel that this study is going to be done whether the Kenai Peninsula Borough participates or not and I want to be in on the ground floor. I think Anchorage and Mat -Su see a lot of potential uses, they're looking at the west side of Cook Inlet, the coal development. Obviously if they start the coal development and we're not involved the workers aren't going to live here, they're going to live in Anchorage or Mat -Su. Councilman McComsey: Would this ever be run to Homer. Mr. Brown: One of the concepts are that you could have a triangle _ferry system connecting with Homer and/or Seward. Councilman McComsey: I can see one thing that this might be good for would be the tourist because they can come down on the ferry and drive back the other way. Mr. Brown: I read a study the other day of the 10 top areas that were visited by tourists in Alaska and I think the Kenai Peninsula Borough ranked 9. 1 think the ferry system would -catapult us up. Councilwoman O'Reilly:-- Is the -discussion about -possibly -ferry - - system during the tourist season and one of these other transportation means during the rest of the season? Answer from Mr. Brown yes. Both will be looked at. one will be strictly for L L �l Z .•KENAI CITY COUNCIL NOVEMBER 2, 1988 ` PAGE 4 the tourist season and the other that appears to appeal to most of us would be a year 'round operation. If the private sector does it my feeling is that it would operate mainly during the tourist _ season only. The exciting thing about this is that all of us are going to have equal input. Anchorage has made every effort to make - sure that Mat -Su and Kenai are in concurrence with anything they do. They are proposing to form a three person board that would oversee this first study so we would have the same input as Anchorage and Mat -Su. Mayor Williams: I think it's unique that we have an opportunity to participate with the Borough in this study, not personally from the participation of the city but financially with the Borough in that -- . part of our tax money will be used for it. It's for a project that ,i could conceivably benefit the City of Kenai. I'm not sure what the meaning will be whether they will wind up in a private concern that wants to fund the ferry themselves and come back and ask for help :'. from the state or if they're looking at an extension of the Marine Highway System. Mayor Williams: Relative to the Marine Highway System, to my 3 memory it was never allowed to run up the Cook Inlet to Anchorage because it paralleled an existing federally funded highway system. Was that discussed. Mr. Brown: Yes it was. A representative from Senator Stevens' office, Lisa Sutherland was there. In fact there ' is federal funding available now under the Urban Mass Transportation Act for that very thing. In the lower 48 they are funding ferry system that parallel major highway systems and I guess part of the rationale is cutting down on pollution. There is a commitment from Senator Stevens' office to work from federal + standpoint on this project. Mayor Williams: So we could conceivably see the Malaspina run up Cook Inlet. Mayor Williams: How does Council feel about backing a resolution of this sort. Councilwoman Monfor: I especially like it because it isn't going to cost any money. I would have no problem supporting his resolution. Perhaps we'll have a bicentennial ferry from it. Mayor Williams: Will this require a specific resolution from us or - can we just, as a matter of record, indicate our support for this. Mr. Brown: Either way. I think it would be extremely helpful if the Borough Clerk was informed either by letter or resolution and f, it can go into the Assembly packet as backup material. it would really strengthen this resolution. Councilwoman Monfor: Mayor, you will probably have to write a letter on behalf of the Council since we wouldn't have time to do a resolution. ` MOTION: - -- - - -- --" Councilman-Small-ey moved to direct Mayor Williams -to- a t-a- etter on behalf of the Council in support of the resolution concerning the proposed ferry system, seconded by Councilman McComsey VOTE: Motion passed with Unanimous Consent • Li .t ti it .KENAI CITY COUNCIL NOVEMBER 2, 1988 j PAGE 5 Mr. Brown: As a point of interest, both boroughs had between 90% to 100% attendance at the meeting. They also talked about revenue sharing, the Railbelt Energy Fund, economic development and school funding. One thing that was very significant, both of the boroughs were going to pass a resolution wanting to spend the Railbelt Energy Fund this year on a per capita basis to be distributed to the three boroughs. Even though I was unofficial, when asked my thoughts, I objected. They did not pass that joint resolution. I suggested that we look at a more equitable formula. I do see a window of opportunity and they've asked us to come up with a formula by AML. In listening to several of the politicians speak, it doesn't look like it's going to stay there. My feeling is that Anchorage is so hungry for the money, Assemblywoman Flynn said we just want money, we don't care what horse it comes in on. I think we can deal on a position of strength. On school funding and revenue sharing; the Municipality of Anchorage leaned more towards revenue sharing because that was a significant part of their budget. The other two boroughs lean more toward school funding because that is 75-80% of our budget. This was all discussion. City Manager Brighton: If we were successful in holding municipal assistance and the revenue sharing, that's liquid money, you can use that for schools. But if revenue sharing and municipal assistance are sacrificed for school funding then only the borough wins and Seward, Homer, Seldovia, Soldotna, and Kenai suffer. If we hold the revenue sharing the borough can go to the revenue sharing for their additional school funding. What I'm saying is in one process, if it goes to school funding then the cities lose. If it goes to municipal assistance than none of us loses. The point is school funding goes directly to schools - period. If you have a short fall on that but we're able to retain municipal assistance and revenue sharing the Borough also shares in that and they can take that additional money and put it into the schools. But if we lose on municipal assistance and revenue sharing the only source we have is the tax. Mr. Brown: Most Assembly people don't have that concept, obviously. I would suggest a meeting with the assembly before they go down to AML. My understanding is we came out with our operational priorities last night and our first operational priority was the school funding. I don't think municipal assistance and revenue sharing was on the list. There is a broad difference in view point and I for one suggest the cities be present and state their case. City Manager Brighton: In a unified situation such as Anchorage or - Juneau, --it doesn't snake any difference -but when we-havee-a second - class borough and home rule cities it makes a tremendous difference, and I certainly will be willing to come over and talk because it's logical. X I KENAI CITY COUNCIL _-. NOVEMBER 2, 1988 PAGE 6 Mr. Brawn: The fish tax was brought up last night and my feeling was that there were some assembly people that were willing to r listen. I don't think anyone wanted to give the cities the 25% that they were looking for. I would suggest all four cities make a joint presentation. Mayor Williams had a good point that the cities do provide a lot of services to the fish processors residing `'. in the cities that the borough doesn't. There is a point in perhaps some of that money coming back to the cities. ; City Manager Brighton: It was my intention later on in my report to suggest that the time had come to get the managers and mayors of the four cities together so that they can go back and talk to their representatives on the assembly so that they have got all the facts and there is a strong possibility that we might be able to change their minds. a Y. Mayor Williams: The Kenai Caucus took a stand on the Railbelt Energy fund and were very insistent that that fund be retained in T order to develop the intertie system between the Bradley Lake project and our neighbors to the north. The concern being that if ' we do not have an upgraded tie line it will affect us in two ways, 1) unreliable power to the Kenai Peninsula and 2) we could find .,_.:4 ourselves in a position of having to pay for Bradley Lake through rate increases because we are the only users. In all discussions I heard, that seems to be a very real possibility. Mr. Brown: I agree, its just a question of whether that money is going to be there. ,! Mayor Williams: Again, discussing municipal assistance and revenue sharing as opposed to the school funding, it would seem that the wording of a resolution that we would want to introduce or pass '? would prioritize the items in that manner with municipal assistance a first, revenue sharing fund second, school debt retirement third. In expressing it in that manner would show our number one priority. 1 I don't know how the borough would view it if it were passed up to r them. Mr. Brown: At least your wishes would be made knowN. Right now I .. think there's no opposition, everyone is going for school funding. Mayor Williams: Therefore I would like to ask administration to l prepare a resolution regarding municipal assistance, revenue ;j sharing, and school formula funding and debt retirement in a r. prioritized manner that would best benefit the cities interest. I would also like to have a resolution passed reiterating our desire --- - - - - -- - to retain the -Railbelt Energy Fund -for -the -development -of the intertie system and I would like to have Council consider those resolutions- and -have them passed to the Assembly and -the- Kenai Caucus. I realize that probably can't be done prior to AML, however does Council feel comfortable with those resolutions? Councilman McComsey: This is a very important issue but it seems i like the Assembly is going for school funding and it sounds like KENAI CITY COUNCIL NOVEMBER 2, 1988 PAGE 7 perhaps the Assembly people from our area might be in the same frame. Perhaps we should meet and talk with them soon and see if we can get our wishes known. Mayor Williams: Do you have any objections to the resolution? Answer no. Councilman McComsey: But if we don't let them know our wishes then they're still going to be thinking the school funding is the most important. Councilman Smalley: I wonder if there's time for the city mayors and managers to get together and discuss these issues. Mayor Williams: Probably not prior to AML. There is a meeting of all the mayors at AML on another matter and I don't know if there is time. The Kenai Caucus has not had time to set their meeting yet. Councilman Smalley: I think it would be advantageous to the city and to the other cities throughout the Borough to get that message to the Borough Assembly, perhaps they are not fully aware of the situation. Mr. Brown: I would say that at least some of them are not. Councilwoman Swarner: Would it be better not to include the school bond indebtedness and list the municipal assistance and revenue sharing. Mayor Williams: We might be better off showing it as a priority item for the city and that we are definitely interested and concerned but we need to show that the first priority is municipal assistance and revenue sharing. Mayor Williams to City Manager Brighton, how do you feel about leaving it out. City Manager Brighton: I think if we leave it out altogether then we have created a fight between municipalities and boroughs and I think what we need to do is be as rational and logical as we can in explaining the situation, that if we're in for a state cut of revenues, as opposed to only cities having to raise taxes to cover the cut, it ought to be cut at the borough level so that the tax raise includes every one in the borough, not just city dwellers. Mayor Williams: Administration will prepare those resolutions. I will also look into getting together sometime prior to AHL. C. PUBLIC HEARINGS 1. Remove from Table - Ord. 1280-88 - Amending Kenai Municipal Code - Supervision of All Employees of Legal Dept. & Clerk's Office under City Manager MOTION: Councilwoman Monfor moved to remove from the table ordinance 1280-88, seconded by Councilwoman O'Reilly a. Public Hearing - Ord. 128048 Mayor W ame-called for public comments, there were none. Mayor Williams: This has brought back from the table in order to set a time for an in depth look at this so that some broad 'i !S i• +, 1 7 -KMI CITY COUNCIL NOVEMBER 2, 1988 PAGE 8 discussion can take place and to set a time certain when we can take care of this matter. May I suggest that because of the nature of the ordinance it may require an executive session and during that session the presence of the City Manager, City Attorney, and City Clerk will be required. Councilman Measles: You are suggesting that we postpone this to a date certain? Answer yes. Councilman Measles: Was this moved for adoption before it was tabled? Answer introduction only on 8/17/88 and tabled at the public hearing. The introduction passed. MOTION: Councilman Measles moved to postpone Ordinance 1280-88 to 1/18/89, seconded by Councilman Smalley VOTE: Motion passed with Unanimous Consent 2. Ordinance 1297-88 Increasing Rev/Appns Repair of Police Vehicle - $3,800 MOTION: Councilwoman Monfor moved for adoption of Ordinance 1297-88, seconded by Councilman McComsey Mayor Williams called for public comments, there were none. VOTE: Motion passed by roll call vote Measles yes Monfor yes O'Reilly yes Smalley yes Swarner yes Williams yes McComsey no 3. Ordinance 1298-88 Amending Kenai Municipal Code, Title 7 — Purchases without Competitive Bidding, Increase to $10,000 NOTION: Councilwoman Monfor moved for approval of Ordinance 1298-88, seconded by Councilman Measles Mayor Williams called for public comments, there were none. VOTE: Motion passed -unanimously by roll call vote Measles yes Monfor yes O'Reilly yes Smalley - yes Swarner - yes Williams yes McComsey yes ""I .KENAI CITY COUNCIL NOVEMBER 2, 1988 PAGE 9 4. Resolution 88-84 - Urging DOT & PF to Designate Portions of .--_ Seward Hiahwav as #1 Priority MOTION: Councilwoman Monfor moved for adoption of Resolution 88-84, seconded by Councilman McComsey Mayor Williams called for public comments, there were none. Councilwoman Monfor: I thought our number one priority was the Spur Highway, did I miss something.- Mayor Williams: That portion of the highway between milepost 50 and 65 has been in the works for a long time and I was under the impression that they let a contract out on it. I thought they were going to do it this year and I don't know where it's at. Councilman McComsey: I saw surveyors this summer. Councilman Monfor: The only reason I may not vote for this resolution is that I would hate for anything to disrupt number one the Spur Highway, especially when I drive over it at least twice a day. Mayor Williams: I might point out that we have already passed a resolution setting our number one priority. Councilwoman Monfor: I think theirs should be the Spur Highway also. Mayor Williams: I wonder how they would feel about it being called the number two priority. Councilwoman Swarner: Who requested this. Mayor Williams: I think probably it came from Seward from their Council. City Clerk Ruotsala: Yes, Seward sent a resolution and you suggested putting it on the agenda and let Council discuss it. Councilwoman Monfor: Could we not make this number one please? City Manager Brighton: If you were to pass this as the number one priority, it's going to make I and the public works director and the former mayor look pretty silly because every DOT district wide meeting we've had we have banged the table and said this is the number one priority, this is the most heavily travelled road including the Sterling Highway on the entire Kenai Peninsula. If you were to pass this the next time we go over they are going to question that. To amend this and have it read a priority to DOT, would that not perhaps be acceptable to the people who are requesting it without making it a number one priority. Councilman Smalley: I think even if we amend it it will leave a shadow of doubt as to what our priorities are so I would have a �.: tendency to vote against it. " Councilman Measles: Where does milepost 50 to 65 start and stop. Mayor Williams: As I recall the drawings it runs seven miles each _ side of the bridge, the real winding strip near the Hope cutoff. -- - - Councilman Measles: --This has -nothing to do withthearea-around Cooper Landing that was put off because of conflict with a historical burial? Answer no. 7 C, .KENAI CITY COUNCIL NOVEMBER 2, 1988 PAGE 10 City Manager Brighton: By the DOT's own count, the most heavily travelled road on the Kenai Peninsula is the Spur Highway between Soldotna and Kenai. The people that travel that road are locals and are not people from Anchorage going to Homer and I can't believe that we would sacrifice continuing to support that. Our local people travel it two and three times per day. I can't believe we would move something in front of our number one priority. To support improvement on the Sterling Highway would not put us in a position of abandoning our number priority. The longer it goes the more deteriorated that highway is going to become. There is no indication that the volume of traffic is going to fall off. That is the road we should really be putting first. VOTE: Motion -fails unanimously Measles - no Monfor - no O'Reilly - no Smalley - no Swarner - no Williams - no McComsey - no Mayor Williams: With Council's permission I will write a letter to the City of Seward indicating that we have long since set our number priority here and while we support the repair and maintenance of the road this resolution speaks to, we were unable to pass the resolution as written. Council agreed. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging No meeting, however the tickets are on sale for the senior fashion show on December 2, 1988. 2. Airport Commission There was no meeting, however Mayor Williams asked for confirmation of an application from Mr. James J. Dean. Mr. Dean comes highly recommended by members of the Civil Air Patrol and the Elks, he is resident for twelve years and is employed by Unocal. Councilwoman Monfor: I would have no problem with him, he lives in Woodland. Council agreed. 3. Economic Development Commission The chairman -is out of town and there have been no meetings.. 4. Harbor Commission Chairman Quesnel: The minutes of October 17th are in your packet. Chairman Quesnel gave a report on events. There is still no one available for the Kenai River Management board but I believe Mayor Williams has someone in mind. +1 KENAI CITY COUNCIL I NOVEMBER 2, 1988 . PAGE 11 Chairman Quesnel informed the Council of a state harbor maeters ;.; convention in Sitka and the Commission recommends someone be sent. I� and asked for the Council approval of the necessary funds. t Mayor Williams asked for an update on the Kenai River Viewing project grant, PW Director Kornelis answered that he had not heard anything since the last Council discussion. City Manager Brighton: i. At one time I thought someone said that they needed to have the ground frozen in order to drive pilings, is that correct. Answer, that was the Chamber's idea. MOTION: - - - Councilman McComsey moved that we send one of the Harbor -..- -- - Commissioners to the Harbor Masters Convention, there was no r_ second. City Clerk Ruotsala stated that Council had already approved the request. — ` Mayor Williams: I am hoping to bring before you an acceptable candidate, Mr. Ron Rainey. He has expressed a desire to serve on - the Kenai River Management Board which would fulfill both seats. Mr. Kornelis sat in on the last meeting, however, we need someone full time. Councilwoman Swarner: I don't have a problem with Mr. Rainey, I have a question on the gate at the dock, is that going to be locked this winter? Answer yes. Councilwoman Monfor: I want to reiterate how important it is that we have someone on that Board as quickly as possible as we have a lot of interest, especially with y. that five miles of river. The best thing about having Mr. Rainey on the Board is the fact that he is not a member of Council. The last time one of the problems of the Board is that it was so top heavy with bureaucracy and this gives them a citizen plus one that t lives on the river. I.'.... Mayor Williams: Let me pose a question. I supported the retaining of all rights of the lower portion of the river during all of the , discussion at the last meeting of the Board. I have since made the + - statement on various occasions that I am sorry I didn't fight to retain those rights clear to the city limits. The other day I posed a question to the city attorney after speaking with the - people from the Fish & Wildlife Service, the question was, by whose right and by what authority was the Kenai River Management Board ever allowed to abrogate the rights of the City of Kenai, a first class city, over what they should do with their lands on both sides of the river and it now comes before their attention that we also own the bottom of the river and that the surface rights belong to the Coast Guard and the federal government as a navigable waterway. With all these things combined, where did anyone get the idea that - — --"-- - -` - they had any right within the City -of Kenai The -City -Attorney- f said, you have posed questions under which I could research and C retire finding the answers to, we could litigate this forever, I believe you have a valid point. I don't recall this City Council - t . KENAI CITY COUNCIL NOVEMBER 2, 1988 4 i PAGE 12 ever giving any kind of authority, approval, recognition, of any E sort to the regulations that they placed. I know the first Board I 1 ; was set by legislation and I believe I'm correct in saying that it was sunsetted, and the next question I asked was by whose authority did the second one become seated. It was at the request of Neil - Johanson. In my opinion, under Title 29 and the Kenai Charter, . they have no authority to do anything with that river within the boundaries of the City of Kenai and we need to bring that to their attention. It came as a surprise at one meeting when they learned ;. that the City of Kenai owned the bottom of the river. PW Director Kornelis: One of the topics they brought up was the - - lower five miles of the river. They are very anxious to include - { that in their plan. It as not discussed because the chairman said that was not on their agenda. Also, in our information is a letter a `f. from the Corps regarding the study of the siltation of the river. Councilman Measles: How about sending them an official notice of } withdrawal of all of that up to the Kenai city limits and let them litigate it. Mayor Williams: Mr. Chris Garcia has been unable to tie his boat to a buoy in the river in front of his house, a buoy he obtained a Corps permit for and he can't move his boat to his property because he has in excess of 35 horses, yet we gave Waldo Coyle the submerged rights to that tidelands in front of his home for the same purpose. Councilman Measles: Withdraw from the . management group, withdraw our lands along with it and let them worry. Mayor Williams: Declare that they have absolutely no . authority as far as we're concerned? 5. Library Commission Councilwoman Monfor: We had a meeting last night and you don't have the minutes in your packet. We will not be having a meeting in December. We did not seat a student representative because the t application was not done in a timely manner. I will be getting back with you when the Friends of the Library Christmas reception will be. f s 6. Recreation Commission !� Councilwoman Monfor: On the minutes of October 11th for Parka & Recreation Commission, discussion was held regarding the smokers in front of the Rec Center and the consensus was that nothing would be done because it goes on outside the building. It seems to that outside the building is still city property so we should have some jurisdiction and you can't buy cigarettes if you're not a certain age, then they shouldn't be able to smoke them there. If we have to _have cooperation with ..Chief-Ross'-s_men -for a _while then maybe _-- . - ---_--.-_------ .- --_ ------ that's what we need to do. I do see it as a problem. Sometimes I'll drive up there and there are five or six students smoking i throwing their butts all over. LJ I 4 . 1 1h t. F. V Y,' r KENAI CITY COUNCIL NOVEMBER 2, 1988 PAGE 13 Parks & Rec Director McGillivray: We have talked about it. Bill Mussen is the manager and I believe he has been working through the students and I think a good deal of that out in front of the building has stopped. I'm not saying the smoking has stopped but at least they're finding a different area. It is city property and we do have the right to say they can't but the point I was making to the Commission was that it is hard for the people inside to also take care of outside. One adult on duty upstairs inside and if they are outside running down smokers then they run wild inside. Councilwoman Monfort I would like to request that if this continues that we contact Chief Ross to have a couple of his people drive through periodically and inform those students. Councilman Smalleyt It is state law as far as having cigarettes. Mayor Williams: I believe the law was changed to 19 for the use of any sort of tobacco of any sort. Parks & Rec Director McGillivray: We do it more on dance nights where we have large groups of kids, but we have gotten good cooperation from the police department on having periodic checks through the parking lot. As far as specifically asking them to do anything about the smoking we haven't. Councilwoman Monfort If Council asks they will respond. City Manager Brighton: I can imagine the problems from Chief Ross when we ask him to enforce the cigarette law. The second problem we run into is that we're only going to enforce it on city property that is somewhat discriminatory because the law covers the mall and schools as well. I think the best way to handle it is the way Mr. McGillivray has handled it in that they've had pretty good cooperation. If it looks like its getting out of hand he can probably get on the phone and take care of it. Parks & Rec Director McGillivray: We are aware of it and we are trying to get some of them in a different location. Right out in front of the building is not a good image. 7_. Planning & Zonina Commission Councilman Smalley: I reported the minutes of the meeting that we have before us on October 19th, I don't know if there's a problem with getting the minutes to the Council but these have been reported on. A work session was held and work was done on a bed & breakfast ordinance concept and were going to do the RV at the Game meeting and found it was an impossible task to get both done. I would say they are close to drafting an ordinance and should have one at the next meeting which will be similar to the Soldotna ordinance. As soon as possible they are going to work on the RV ordinance. During the meeting, an approval for a bed & breakfast and guide service business on South Ames came up. At the very end of the meeting there was a vote of reconsideration so it will be coming up again. 7 i i s - i r t� C is i - KENAI CITY COUNCIL NOVEMBER 2, 1988 PAGE 14 Councilwoman O'Reilly: What is the normal procedure for getting the minutes submitted. Why can't they be written up or is that idealistic. City Clerk Ruotsala: I did those minutes in addition to my other services because Janet Loper was not able to come to the meeting. I did the very best I could and that was the best I could do. Councilman Smalley: I was referring to the October 26th minutes. City Clerk Ruotsala: The packet goes out the next Friday so that means she would have had to do them in two days. Councilwoman O'Reilly: Is that an unreasonable request to have them done the next day. City Clerk Ruotsala: yes it really is because that is not all we do. We do the best we can but there's - no way we can get them all typed up. We have a secretary that does all other minutes but she does not do Planning & Zoning nor any - others that meet during the day. Janet and I split those meetings and the secretary can't even get them in within a day. It just can't be done that fast and the secretary has help. Mayor Williams: I would also mention that we are in the midst of elections and there is a lot of absentee balloting going on right now and that takes up a considerable amount of time. City Clerk Ruotsala: Janet Loper has been doing all the minutes since the election period started so she's been helping me on that. As soon as the election is over I will start doing the Council minutes, but she's had the Planning Commission minutes, Council minutes, plus all the packets for all commissions and other duties. There is just no way we can do that the day after the meeting. Parks & Rec Director McGillivray: I might mention that Councilman Smalley was talking about the RV ordinance with Planning & Zoning, it's my understanding that the two commissions will be meeting on December 14th. Mayor Williams: I might pass on that Pat Nault is the new chairman and Margaret O'Reilly is the new vice chairman. Councilwoman Swarner: I request that the minutes of the Council and the Commissions get top priority from the secretaries so they do get in our packets promptly and that be done before other correspondence. City Clerk Ruotsala: Are you speaking of the correspondence that is given to me from the Council and the Mayor and my own. Councilwoman Swarner: Specifically the Mayor and the Council. Mayor Williams: One of the problems that we face with the Clerk at this time is a tremendous amount of effort goes into the election. I'm hoping that after the election is over if we can bear up another week, that we may be able to get some backlog cleared up. We did have an unfortunate accident, Janet Loper did fall down the stairs and was injured and off work for three days during the time that these meetings were going on and the minutes were to be out - and left more of a load on the -Clerk. City Clerk Ruotsala: Is that the consensus of Council. Councilwoman Monfor: I agree that that is probably the top r .KENAI CITY COUNCIL NOVEMBER 2, 1988 PAGE 15 '• '�... priority, Planning & Zoning and Council. Those are the two most important sets of minutes that we have. Councilman Smalley: Is it possible they could be brought in the evening of our meeting. Mayor Williams: As I said, I think we would have had them if it - _ had not been for the accident. I think Councilwoman Monfor has a . legitimate request in that the Council and the Planing Commission are very important especially at this period of time as we are watching with enthusiasm in that we are urging them to complete a :. couple new ordinances for us. Councilwoman Monfor: I do realize that this election makes a lot of difference but I hope that after the first of the year we see a difference. Even before elections there has been a problem with -: - the minutes and we are all aware of it. It's real important that they're there. t S. Misc. Commissions/Committees No report E. MINUTES 1. Regular Meeting, October 19, 1988 City Clerk Ruotsala reviewed the corrections to the minutes submitted this date. . _ MOTION: Councilman Measles moved to accept the corrected minutes, seconded by Councilwoman Swaxner i VOTE: Motion passed with Unanimous Consent F. CORRESPONDENCE 1. *J. Johnson, Alaska Airlines - Official Airline for Bi- centennial 2. *R.L. Cottrell, Kroger Co. - Support of Cold Storage Facility _! 3. *Sen. Stevens - P-3 Orion, Homeporting 4. *Mayor, Saitama, Japan - Thank you for visit, Karin Bryson S. *R. Kowalke, Anchorage Economic Development Corp. - Thanks to Mayor Williams . G. OLD BUSINESS H. NEW BUSINESS -1. Bills to be Paid Bills to be Ratified MOTION: Councilwoman Monfor moved that we pay the bills over $1,000, seconded by Councilman McComsey L OF t i } 1� t t 4 . i KENAI CITY COUNCIL, NOVEMBER 2, 1988 PAGE 16 VOTE: Motion passed with Unanimous Consent 2. Requisitions Exceeding $1,000 MOTION: Council Measles moved -to pay the requisitions exceeding $1,000, seconded by Councilwoman Monfor VOTE: Motion passed by Unanimous Consent 3. Discussion - Lease Application - Inlet Fisheries Inc., Kenai Spit S/D NOTION: Councilman Measles moved for approval seconded by Councilwoman Monfor VOTE: Motion passed with Unanimous Consent Mayor Williams: I might comment to our engineer that I was intrigued by their drawing on the back regarding replacement of the gradient with some other form of retainment and I would like to ask you if you view that as a good sound engineering system. PW Director Kornelis: In our case I don't think it would work as good as gabions which is what was used on our existing facility. Mayor Williams: Rather than just a straight retaining wall. PW Director Kornelis: That is correct. Gabions would also be less expensive. Councilwoman Monfor: Is this where the old Fisherman's Packing used to be? Mayor Williams: The map on the back shows where it is in relation to Columbia Wards. They are just getting into the phase II. Mr. Korby Hanes: Inlet Fisheries has requested the Fisherman's Packing plant. Our proposal is to take over the existing lease and Planning & Zoning Commission has approved it. Some of these dates are not correct, we are resubmitting the same material except for those dates. We have a letter from the Corps of Engineers and all we have to do for their part is sign our name for the transfer. Mayor.Williams: This is strictly the request for lease application and -it will be back -before us -as a -lease, - Administrative -Assistant Howard: No, I'll have to order the appraisal and then proceed with the lease. MOTION: I Councilwoman Monfor moved to accept it with the conditions so stated, seconded by Councilman Smalley. , KENAI CITY COUNCIL NOVEMBER 2, 1988 PAGE 17 4. Discussion - Request for Mutual Rescission & Release, Gusty :. SID - J. Wade Administrative Assistant Howard: You will see in the mutual . rescission of release it was contingent upon Mr. Wade paying an amount owed which was $776.86 which would be current through October 31st and they did make that payment. Councilwoman Monfor: Would you please tell me which piece of land _ that is in relation to the Chamber building. Administrative - - ----' - Assistant Howard: It is on the Chamber aide of Napa Auto. City Manager Brighton: It is a pie shaped parcel that I don't think is ' big enough to take a structure on its own. I know that it took us nearly three years to get it available for lease to Wade. His original intent was to use it for additional parking. Councilwoman Monfor: I hope that we will mutually rescind this lease and that we will keep this property on hold for the „ bicentennial land committee to look at. Councilman McComsey: I would agree with that but I would also agree that I believe the same property is the one with all the wrecked junk cars and cars that are being worked on. If we're going to take this back they �.'. are going to have to clean that up. Isn't that just this side of that garage. Administrative Assistant Howard: That may be on the Napa lot, I'm not sure. Councilman Smalley: Right behind that . you've got the Bookey property that is going to be cleaned up. Mayor Williams: I Mould suggest that our building inspector, when he's making his rounds during the day time makes sure that lot is cleaned for as so there isn't any junk and that the rescission not be given until we are sure there isn't any junk on it. I a MOTION: Councilwoman Monfor moved that we rescind the lease on the condition that not only has his lease payments have been made current but also that there's no junk left on the lot, seconded by Councilman McComsey. VOTE: Motion passed by Unanimous Consent I. ADMINISTRATION REPORTS 1. Mayor a. I have Parks & Recreation Commission needs one member, answer no, the Commission is current. b. I am happy to report that the Commissions are full. C. At AML the mayors on the peninsula are going to try to get together and discuss some method whereby we can begin to look at funding a borough -wide tourism development business and some form -� -KENAI CITY COUNCIL -- NOVEMBER 2, 1988 PAGE 18 of funding that would be collectable by the borough and returned back to the cities similar to that of sales tax. It was the consensus of Mayor Farnsworth and others that we would discuss this. d. I have a request to authorize payment to Mr. O'Reilly for a Resource Development Council meeting on 20/14 in the amount of $86 " and Mr. Thomson on 10/20 for $77.50. In requesting these I would like to bring to your attention that we are attending these RDC E meetings regularly. Some time ago we said that if it was going to cost us $2500 per year we should have some representation there. Rather than bring the authorization before the Council on a monthly =_ ;. basis, would the Council desire giving a blanket authorization for expenses for a member of the EDC to attend the RDC meetings ' monthly. t` Councilwoman Monfor: I like the idea of the Commissions coming to ;? us. It gives us control over the travel situation. I'm sure that we would never turn anyone down but it gives us the control. -- - Mayor Williams: We are approving this after the fact that is true. -.. We have had this ongoing discussion with EDC back and forth whether or not to authorize once a month. If we could get a set pattern it would be easier. Councilman Measles: Is it budgeted. Answer yes, it comes from the EDC budget. Councilman Measles: Could Bill authorize it. City �i Manager Brighton: If they are authorized to go Council is going to z have to authorize it and I'm not going to pay it until Council authorizes me to pay it. Councilwoman O'Reilly: What is the problem with authorizing the payment after the fact. Mayor Williams: The Council's position = has always been that we should know if they are travelling ahead of time and we should have the right to authorize it prior to. There have been a couple of occasions where spur of the moment trips are required and then got the authorization. i' Councilman McComsey: They are attending once a month? Mayor l Williams: Yes. RDC meets every week in Anchorage but we have limited our participation to once a month. Councilman Measles: - And the Commission decides who is going to attend those meetings. - - - Mayor Williams: I don't know how they decide who is going. Councilman Measles: Apparently they went to two in.October. Mayer Williams: No, Mr. O'Reilly's request is one that he attended with me. It was for our Economic Development Commission meeting not and RDC meeting. ' Councilwoman Monfor: It seems to me these commissioners are travelling a lot more than I am and I'm the elected -official.- -- Councilman Smalley: Maybe it should be a member here. Mayor - " - - — - - -Williams: Let me tell you that these -meetings -begin at 7-A.M. - �k: 9 SSii1 r I! c, KENAI-CITY COUNCIL NOVEMBER 2, 1988 PAGE 19 MOTION: Councilman Measles moved the Council authorize the City Manager to pay one trip per month for whoever attends from the EDC to attend the RDC meeting provided the money is in the budget, seconded by Councilwoman Monfor City Manager Brighton: Would you like to see a report from these meetings? Councilwoman Monfor: For all this money we're spending plus $2500 per year. Councilman Measles: I believe that was talked about some months ago when we started talking about approving these trips for commissioners, that the Council would receive a report. I don't think we've ever seen one from anybody. Mayor Williams will send a letter -to the MDC regarding the attendance at these meetings, submitting a report, and the proper method of reimbursement. MOTION AMENDMENT: Councilman Measles moved to add a requirement that a report be given to the Council after each meeting as a part of that motion, seconded by Councilwoman Monfor. Councilman Measles: I do have a problem with the Council approving expenditures for anyone to go to a meeting and they are acting on behalf of the City and we are the elected officials and we don't know what they're doing up there. I'm not saying they're doing anything wrong but as the elected body we should know. Councilwoman Monfor: I think we talked about this last year and we agreed to send somebody and one of the reasons was to keep informed. We still don't know and it's probably time to spend the money again. Mayor Williams: I think Mr. Thomson should come before the Council, give his views on RDC and give a report. Council agreed. e. A note from the City Clerk states that we have $754.18 left in the transportation budget and that includes the costs already expended on the AML trip. City Manager Brighton: The important part of that is that you are getting close to the legislative session and you're talking about substantial monies for transportation and what she is doing is letting you know that the budget is nearly gone. Councilman Measles: We're only four months into the fiscal year and we've nearly used up the entire budget. Finance Director Brown: The fourth page of the financial report shows the original budget. This is before the AML expenses. What the City Manager is talking about is for the Council and Mayor to go to Juneau, that's in intergovernmental transportation. Your lobbying efforts -are going to be allright. Mayor Williams: This $9,000 for miscellaneous travel includes the L r it v ,KENAI CITY COUNCIL NOVEMBER 2, 1988 PAGE 20 AML, NLC, and other travel for Council. Councilwoman Monfort I have a problem with starting out with $9,000 and having $700 left and no one has gone anywhere, what happened to the money. Finance Director Brown: The miscellaneous trips are not identified other then AML. City Clerk Ruotsala: Its going to cost about $250 each for AML for the plane tickets. Mayor Williams: So with all expenses, its about $4200 for six Council for AML. Councilwoman Monfort I think next year we should look at just one or two going to AML. Councilwoman Swarner: I Mould like to see a list in our next packet of trips. Finance Director Brown: I can print it out on the computer for the next meeting. Councilwoman Monfort The bicentennial commission was sunsetted and there was $3200 in that budget. Can we transfer that into the travel budget? Finance Director Brown: Yes, we can do that at the next meeting. Mayor Williams: I can account for about $6500 off the top of my head. Councilwoman Monfort Mayor, when you take your trips, does it come out of this fund, answer yes. I know we did some transferring in that budget, maybe we didn't put enough in it. Councilman McComsey: That $3200 would be enough for the near future wouldn't it, answer yes. 2. City Manager a. Last evening, Pat Porter, Linda Swarner, and I were at the Borough public hearing on their CIP list requesting them to add our congregate housing project. That is the only CIP project that the city is going to be involved in. All of the cities are going to be asking for what they feel are area wide projects that the Borough could put on their list to support. I think that we need to do some work with the people in the other communities on the fish tax issue because it is important to us. It's become obvious that every source of revenue we have is being reduced rather than increased and that needs to be done prior to Christmas. It's possible, along with your Mayor's meeting in Fairbanks along with most of the Managers there might be a possibility of joining them at that time. We're asking the Borough to give up a half million dollars and they're not going to give it up. Each city needs to work with their assembly that the fishing industry receives no benefit from the fish tax from the Borough. All we're asking for is the fish tax on what is processed inside the cities. The Borough will still get 50% of all processed fish outside the cities and there are lots of those. b. The survey on Thompson Park - we have drawn the samples, the envelopes have been addressed, I need to know how you want those questions worded. Councilman Measles: Just one simple question, yes or no; do -you want water and sewer under a special assessment bond. Not or. City Manager Brighton: What if they call and ask how much it is going to be. Councilwoman Monfort We don't know. City Manager Brighton: If it were a percentage it would be easier. Councilman a . 1 KENAI CITY COUNCIL NOVEMBER 2, 1988 PAGE 21 Measles: I think it should be under the normal sewer and water assessment that is set up already - up to 25%. City Manager Brighton: If you want water and sewer on the basis of up to 25% of the cost. Councilman Measles: The cap on that part of the code is 25% of the value of the property. If 25% of the cost of the property exceeds 25% of the property value then that limits the amount. C. I have a six page fax letter from Bernie Riechert of EDA. There is a breakfast in the morning with the Mayor, and EDA representative, Kroger store representative, Lt. Governor, and the situation is Dragnet has sent a letter to their attorneys to the EDA asking them to reject our application for a cold storage. I will get you copies. Councilwoman Monfor: Is it true that they have closed for the winter and they have no more space, Seafoods from Alaska. City Manager Brighton: I don't know what the actual situation is, I've heard that Alaska Seafoods got Dragnet to lease them space for one million pounds and then changed that and said they could only have space for 200,000 pounds. At the time they need space to carry them through the winter, there is no space available. Mayor Williams: Seafoods from Alaska is managing to squeeze through right now by hiring a whole bunch of Sealand vans parked outside the plant. City Manager Brighton: The gentleman who asked to lease that lot next to Inlet Fisheries indicated to me that he did not want to get involved in this controversy, however, if it were available, he was convinced that he would be able to use some of that space. I think it will be important to attend that meeting. Bernie Riechert who has helped us all the way through will be here and he needs some answers to the accusations that have been made. Councilman Smalley: Going back to the Thompson Park situation, if its 25% of the assessed property value I am thinking that in terms of $100,000 home and a $200,000 one will pay more. Finance Director Brown: It's based on the fair market value of the property after taking into account any improvements. When you're talking about 100% assessment district, let's say you have a house on a lot with a house. Let's say the lot next door is vacant and it's only worth $10,000. if you run a water and sewer line, apportion out the costa to all the property, you come to $5,000 to each lot. Those two lots are the same size. The one that has the house on it would get the whole $5,000 assessment. The empty lot you would take 25% of the $10,000-value so -instead of .that lot getting assessed $5,000 it could only be assessed at $2,500. That's what the 25% limitation.is, 3. Attorney a. Cary Graves, Acting City Attorney: Concerning the Patel matter, we have filed a formal denial of the allegations of the ' KENAI CITY COUNCIL NOVEMBER 2, 1988 PAGE 22 complaint. 4. City Clerk r: a. There is a notice from the ABC on suspension of the Rig. It means that they haven't opened this year and they have to open 30 days of each year in order to keep their license and they have requested from ABC to be exempted from this. It was granted. -- - --" " - b. A telephone poll was made on 10/21, there is no motion necessary, but I do have to read it into the record. "The Kenai , Public Works Department and the Airport Manager request Council approval to issue a purchase order to Saltz General Construction for $2,665 to rent their D-9 for pushing up sand for winter _.,:, ... maintenance. The sand is at the Kenai Peninsula Borough landfill who have authorized its use but it must be pushed up into a pile to provide an unfrozen face to work off of". There were six yes and one no. C. I was asked to find out if Jan Bobek was a resident of the City of Kenai, she was not. z r d. There was a notice in your packet of election changes. _' - •.. 5. Finance Director � a. The financial report is in your packet. There will be another finance report from the auditor on compliance with grants. " l b. Regarding the Daubenspeck property, for years all we received was $88 per year for the lease of that property. The revenue from leases, royalties on gas and oil are dedicated to athletic programs so we now have a reserve in the general fund. Beginning in April of this year we started receiving money from Unocal and Ciri and thanks to Kevin Tabler and John Monfor we now are getting $16,000 or about $3,000 per month. At that rate you can determine that you " can have some athletic programs. You -can thank Vince O'Reilly for asking for research on this. We were losing identification on what tracts of land the revenues should be dedicated to. I talked to both Kevin Tabler and John - ... Monfor for hours trying to identify the lands that were generating these revenues so I could determine if it was supposed to be going h into reserve accounts or not. 6. Public Works Director a. The airport renovation is out for bid and we'll have the - results at the second meeting in December. b. The Swires project and the float plane basin are shut down for the winter. I don't think we're going to be able to close them out g. because there are some things left over that need to be done. A t tt V jJi( r r— KENAI CITY COUNCIL NOVEMBER 2, 1988 PAGE 23 C. The question at the last meeting regarding putting banners across the Spur Highway, we did a rough estimate for the poles and it looks in the neighborhood of around $10,000. This is for two steel poles, structurally strong enough to hold a banner stretched across the highway. This does not iincl de lighting. 4. C.ii•1 a KQWa' hkt nira+ict -�r 7 Co�ye d' '" r" w�d. We received a Corps permit for placing oevering buoys in the river. We hope to have them in place this summer. At this point we have four mooring buoys in the river permit, we have the parking and staging area, and also for the Swires/Lawton loop project, for the sewer line to Ttp2pson Park. Those pending are -\e* f-4 for the cold storage site and foeftredging. The last one was for the wildlife viewing area. We were told originally that we would not need one, however, I did fill out the paperwork for the Coastal Zone Management who think we might have to. e. EPA five year permits are due for the waste water treatment plant. The forms are filled out. There may be more stringent requirements we have not needed to do in the past. We will know ---- - - -- later. Also up for renewal is the sledge disposal landfill. We _. haven't done any landfill or sludge up to this point. It's a three year permit. The reason we haven't done it in the past is because of all the changes at the airport, the landscaping and float plane basin but we do plan on doing some next year so we have reapplied. .; ' f. In reading through the minutes, the issue of the private road . brought up by Fr. Targonsky, where public works is actually out ' plowing snow on private roads and the liability and I noticed that the Mayor mentioned that public works will take care of his end of the problem. My end of the problem was to write a memo to - the legal department asking for direction, until then we plan on continuing to plow the road this year. Mayor Williams: I had an interesting discussion with the Lt. Governor this afternoon relative to Title 29 and he advises me that ' Title 29 allows the taxation of church property and that the only church property that is not taxed is that property used immediately by the use of the church. That excessive properties beyond what the church uses specifically for its needs are taxable. I don't -, think we do that though. The question came up in Valdez when a church there had a great big long parcel that wasn't church �•,,- - property and it was taxed. " 7. Airport Manacaer None J. DISCUSSION ' 1 1. Citizens None r T°� �.. ' K �tr�rsxfi. I 1 i .KENAI CITY COUNCIL NOVEMBER 2, 1988 PAGE 24 2. Council a. City Manager Brighton: As you know in the past we have gotten the department heads together and have had an orientation. I have spoken with our new Councilman and he will let us know a day when he can get with us. At that time any member of the Council is invited to sit in and help give him the big view of the overall operation. K. ADJOURNMENT There being no further business, the meeting was adjourned at 9:35 P.M. 9, -4�0 I- � -4,1 " I-Z' /7' Janet A. Loper Transcribing Secretary M F-I DATE: November 14. 19C3 TO: Kenai Peninsula Chambers of Commerce, Convention and Visitors Bureaus and City Mayor FR: Kathy Scott,' -AT IC Representative v��,4't•t%ter, ' SU.3as Alaska Tourism Marketing Council Meeting Report The first Alaska Tourism Market Council (ATMC) meeting was held in Anchorage, November s & 4 at the Westmark Hotel. All but three members of the council were present and we spent our first meeting time getting organized into a cohesive body by developing workable by-lawsi hearing reports from Division staff, the advertising firm currently contracted for the majority of our mart, Atina oro�aram and of course the history of the Alaska Tourism Marketing Council Act. The Council falls under the Alaska Public IMaet.ng laws and the members under the St ,tev ethics laws. Training time was dedicated to bringing all twenty one members up to Aar on these reauiremencs. Du-:ng the Ery-Laws debates I was imsstramental providing language allowing non -board memoars activity on any or the standing co.nmit-�:eeg and also assisted with the technical aspects and ccntentz 3f board procedures. Anyone interested in committee as_.gnments should contact Hugh Gellert or James Wright at the or Tourism or me at the earliest possible time. Three important, ccmmityees were appointed initially. They were the Advertising. Collat.aral and Fail -Winter -Spring Committee. I -volunt-eered initially for the collateral committee as it mainly occupies itself with the Alaska Vacation Planner. $7.9 million dollars p::ecutr_d the multi-media/direct mail mark6t-`F plan far 19SS/39FY. The same level of budoet has been submitted for 1989/4'? FY with rev er:ue shortfalls farcast in the millions; the Department OF Com,r. rce and r_._onomxc Development is required to submit a zerrz inrr es.se budget. AVA will lobby for $4426.3 millirr. -tc===� The- Council alao :paointed a search committee Far an executive director. Locaxiv3n of meetings was discussed and in the interest of time and cost saving„ an invitation to the Peninsula will await goad ti+r,ing. The AVA designated members are not paid oer diem and must travel to AI.Assta at their company's expense. There was coneidrer•abie dis:cu,sic:n abcs_st the need t:c streamline time commitments and e::p ense so the fir-ot year of meetings was established primF.r-ily for Anchor.agje, one for Fairbanks and one Far June -au. Thar e will be f ive meet x nfis from now until the end - of next year. F, CJpY Of the ''Shraduit3 it attAched. SQ@C7.d1 meetings may be called by the Chair and held in person at a location soecified or an the tele_on-or°encce network. Meeting notices will cuntoma.ri ly sppe:•r- in the Anchorage newspapers constituting pubi:.c notic . eN The main thru,at of the state's generic program is 1) image building (overcoming "igloo" image and perceptions of the land of "ice and snows" and give every opportunity for direct response (usually mail). Multi -media means. television & radio advertising; sunday news supplements ( travel sections), Alaska Vacation Planner; Fall Winter & Spring publication. 1 have shared a little of my initial intr-odiAction to the Alaska Tourism - -Mai rating Coun.i 1 with you. I am pleased be a part of thia important Alaska Tourism activity and welcome your questions and comments at anytime. r n f•"4. Of -(anal Awntanald (1/altou and i • AAA♦ BICENTENNIAL RNA a.Ow _ && &J#A agrmwe f November 4, 1988 Honorable John Williams, Mayor CITY OF KENAI F:-2 4 < M ICH CITY CLE=- ^!TY OP KENAI 210 Fidalgo Street Kenai, Alaska 99611 Dear Mayor Will 8: Our Board of Directors is pleased to announce that we have officially begun our activities as the newly re -organized KENAI BICENTENNIAL VISITORS & CONVENTION BUREAU. We are proceeding with the coordination and orchestration of the upcoming Bicentennial celebration of Kenai's 200th birthday which takes place in 1991. ~ In addition, the Board's intent is to develop, market and promote Kenai's visitor industry. Our Board of Directors and staff are working in conjunction with the City of Kenai and the Greater Kenai Chamber of Commerce and will continue to contract with the Kenai Chamber for the management and staffing of the Information Center in downtown Kenai affectionately referred to as "Moose Meat John's Cabin". We are excited with the goals and objectives of the Kenai Bicentennial Visitors & Convention Bureau and are pursuing successful and beneficial programs and promotional activities. We look forward to working with your organization and sincerely hope that you will join with us in preparing and planning for a Bicentennial celebration that will be made possible only through the support and efforts of organizations such as yours. If you should have any questions concerning the Kenai Bicentennial Visitors & Convention Bureau, please do not hesitate to stop by our office at 508 South Willow Street in Kenai or contact our Executive Director, Sue Carter, at (907) 283-1991. _ Since7,-e - U Robert F. Williams President r P.O. Box 1991. Kenai. Alaska 99811 • (9O71 283.1991 w 5(snal Bleentenna (Vhitou and convention Buwau BICENTENNIAL U&W a,"0,2sG - &tpa .m 6&-ev November 7, 1988 Honorable Steve Cowper, Governor STATE OF ALASKA Pouch A Juneau, Alaska 99811 Dear Governor Cowper: I was disappointed to learn that I was not among those selected to represent the citizens of the State of Alaska on the newly organized Alaska Tourism Marketing Council, which has been established to further develop Alaska's tourism industry. Though a highly respected and capable person, the individual selected to serve on the Board from the Kenai Peninsula is fairly new to the tourism industry and has not had the opportunity to work with the various entities concerned. My experience in marketing and advertising has been extensive and I have had the opportunity to serve in such capacities as Publicity Director for the Washington State Apple Blossom Festival, administrative assistant to the President of an advertising firm in San Francisco dealing in promotional endeavors as well as Executive Director for the Kenai Chamber of Commerce and Director of the Visitor Information Center for the past 5-1/2 years. I am also pleased to announce that I have been selected to serve as the Executive Director for the Kenai Bicentennial Visitors & Convention Bureau. It is my desire to serve you and the State of Alaska in any capacity that you may deem beneficial. Please consider this letter as my sincere request to be con- sidered for a future appointment. Thank you for your consideration. Sincerely, Sue Carter Executive Director CC: Stephen McAlpine, Lieutenant Governor_ John Williams, Mayor, City of Kenai c - v. P. O. Sox 1991. Kenai. Alaska 99011 • (907) 283-1991 s i` I _ S�aFoocls From lash� IAC • SEAFOODS & HEALTH DIVISION - - - November 8, 1988'., : The Honorable John J. Williams Mayor - = City of Kenai 210 8idalgo Kenai, Alaska 99611 Dear Mayor Williams: I wanted to Join Gary Ervin and Bob Cottrell in thanking you for your unflagging support for the Kenai freezer storage project. We obviously fully support your continued determination on this project given its significance to economic growth on the Kenai Peninsula and the associated community benefits. Our special thanks for your leadership in our recent session in Kenai. Warm regards. Sincerel C?im Ervin Vice President and General Manager =- - Telefax: 517-371-1208 1 �c^� 800 West St. Joseph - Suite 7 P.O. Box 18167 Lansing. Michigan 48901.8187 (6171371.2800 r, r, �i n v � PI I, c� O o w a8 L N N 8 O M n o .O, O o ..4 O O N �u op p O c a YN1 M b N 1'` PR o P a n N Goo$M tn Q w N W •O 1� r1 .y •O on N ppG O O n N ti N O O N O0! N � yJ .i rt •"t N1 M (� OP G W 41 4 r. a is II y 1 B ,.1 ` p co M is��t�rfro W 8 M Lj 1 (. r f C C f0 - �. ...-�—�r,, -;-Y T -( 0 0 . � vi_ F-i .i .Tj- _ :. _. �. r.: ,;•r .-. .-„"'?- ,,'�. ; , � , ►m SS SS .o �S S; S S RI S S g O ao ,y lis i$ o .a in, 'm r. M. o n rl rl ' l+f : rl rl 1 r�1 nl N N CNO o n 04 � � I �1 Suggested By: Public Works i ' CITY OF KENAI ORDINANCE 1299-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 13.30, ENTITLED "TRAFFIC OFFENSES," SECTIONS .040, .050, .060 AND CREATING A NEW -. SECTION 13.30.065 WITH REGARD TO STREET PARKING, TOWING AND - DEPOSITING OF SNOW AND ICE. - -- - WHEREAS, vehicles parked on City streets have become a serious i; impediment to the safe and ordery removal of snow; and, WHEREAS, effective snow removal from City streets is important , for safe and efficient transportation; and, WHEREAS, individuals placing snow on and around fire hydrants in the City of Kenai has left hydrants inaccessible to the Fire Department, causing a safety hazard to the citizens of Kenai; and, WHEREAS, individuals placing snow on City streets have created a hazard to the safe and efficient operation of motor vehicles. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai Municipal Code, Chapter 13.30 shall be amended as follows: ' Section 1: " 13.030.040 Violators to be Towed: When a vehicle J@ in violation of KMC 13.30.030 (IS INTERFERING WITH SNOW REMOVAL UNDERTAKEN BY THE CITY OF KENAI], a police officer or other authorized employee of the City of Kenai is authorized to remove.,. _ Al (AND] tow away and/or imoound, or have removed (AND)j. towed away,_ n"o"mpounded (BY THE NEAREST AVAILABLE COMMERCIAL TOWING SERVICE AUTHORIZED BY THE ALASKA TRANSPORTATION COMMISSION TO IMPOUND VEHICLES], any such vehicle (IN VIOLATION). Cars so = towed away for illegal parking shall be restored to the owner or operator of such car upon payment of all (THE REGULAR] fees . costs (ESTABLISHED FOR SUCH TOWING SERVICE BY THE ALASKA TRANSPORTATION COMMISSION]. t . f A. -- --- - - -7 -- 1 Section 2: 13.03.050 Signs gearing the Legend: (a) Signs bearing the legend: "PARKING PROHIBITED ON ALL CITY STREETS 4:00 A.M. TO 8:00 A.M., OCTOBER 1 TO MAY 1,1' shall be placed in the locations listed below and at such other locations as the City Manager may designate so as to put vehicle owners and operators on notice of the regulations. (b) Mile 4, Kenai Spur Highway to Mile 15 of the Kenai Spur Highway - on arterials leading from the Kenai Spur Road to primary residential and commercial areas. (c) Within the subdivision lying south of the Kenai River and West of the Kenai Bridge, commonly known a VIP Park Estates, VIP Ranch Estates, and VIP Country Estates. d g !be gbove-mentioned siang are -still subject to the provisions 09 KMC 13 03 030 - 13.30.040. Section 1: 13.30.060 Other at ce: (NOTICE OF THIS ORDINANCE SHALL BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION EVERY OTHER WEEK DURING THE MONTHS THE PROHIBITION IS IN EFFECT AND SHALL ALSO BE BROADCAST ON A LOCAL RADIO STATION AT SUCH TIME AS THE CITY MANAGER MAY DIRECT SO AS TO EFFECTIVELY REACH VEHICLE OWNERS AND OPERATORS.) The City shall attemot to give the public notice of this ordinance by appropriate means. Section 4: PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of December, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet-Ruotsala, City Clerk First Reading: December 7, 1988 Second Reading: December 21, 1988 Effective Date: January 21, 1989 (12/2/88) -2- V r 1 1791- IMI CITY OF KENAI %od ea ,a" 4 910 FIDALQO KENAI. M ASKA "III TEWHONl213.7VIS FAX 907.283.3014 TO: Tim Rogers, City Attorney FROM: Keith Kornelis, P.W. Director DATE: 11/29/88 SUBJECT: Changing Ig C concerning towing vehicles The Public Works Department has had difficulty with snow removal because of vehicles being parked on City streets. Section 13.30.030 of KMC prohibits people from leaving unattended vehicles on City streets between 4:00 am and 8:00 am of any day from October 1st of each fall until May 1 of the following year. This section is a great help, however, the next section states that when a vehicle is in violation it can be towed when it "is interfering with snow removal". This presents a problem because we often do not get to many areas for snow removal until after this time frame, thus, it is too late to have the vehicle removed. Will the City Attorney's office draw up an Ordinance changing our Kenai Municipal Code, giving us the option to tow any vehicles parked on a City street from 4:00 am to 8:00 am, regardless of whether or not we are moving snow at that time. Possibly the changes could be as I have written on the attached copy of the code. Another problem is that in some instances, the "PARKING PROHIBITED ON CITY STREETS 4.00 AM TO 8.00 AM FROM OCTOBER 1 to MAY 1," signs have been taken down, knocked down, or are missing. The City has had to pay for the impound of vehicles because of a missing sign. Something else we may want to change at this time to prevent a problem concerns the requirement for notification in the newspaper .. and on the radio.- So -far, this has riot been a problem but should the newspaper or radio miss a printing or a notification is inadvertently left out, -I- do- not feel that this would -be- an excuse for the violators not having to pay for their vehicle when it was improperly parked. We have another problem with private contractors and property owners pushing snow out of their driveways or parking lots into the I Page 2 roadway or covering a fire hydrant. This is especially a problem if the contractor or property owner removes the snow after we have plowed the main road. In some case the tailings or snow that is left in the main road is a safety hazard. Often Public Works is not even aware of these safety hazards for quite awhile because we have already plowed in those areas and are concentrating elsewhere. I do not know what the solution to this problem is but possibly something in the code that specifically names it as being unlawful with some type of penalty to help enforce it. These are immediate problems and I would like to request that, if possible, an Ordinance be introduced at the upcoming December 7th Council meeting. This would require completion of the Ordinance prior to Friday, December 2nd so that it can be included in the Council packet. After reading this memo and the attachments, please contact me so we can discuss this and hopefully get a quick solution. KK/kv I 1 #-y Suggested by: Administration City of Kenai ORDIR MCE MD. 1300-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING . ESTIMATED REVENUES AND APPROPRIATIONS BY $7,200 AS A RESULT OF RECEIVING A GRANT FROM THE STATE OF ALASKA FOR THE LIBRARY. k; WHEREAS, the City of Kenai has received an Institutional Grant in the amount of $7,200 to provide library services to Wildwood Correctional r Center and Pretrial Facility, and • s 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 $7,200 - Increase Appropriations: Salaries $3,176 ' ESC 32 Workers Comp. 19 _ Transportation 350 Books 3,623 I. i Y� $7,200 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of ? December, 1988. JOHN J. WILLIAMS, MAYOR Janet Ruotsala, City Clerk Y --- — -r First Reading: December-7, 1988 Second Reading: December 21, 1988 .y` Effective Date. -December 2_1, 1968 - Approved by Finance: (12/2/88) L C.O. sent -to - - --- . on 0+?roved by on CHANGE ORDER NO: 010 1ti► STREET t�+►pRc�E MCs h+� S 1 ,• Mt �Rk:S htt�uc Mm4 lAmTON b2iUC Initiation:.Date 8 R--- I i, Contrac �oy�a. Cas�rvcrt+sn. C., , City of Kenai ` Lip. � * hereby requested to comply with the following changes from the 40 contract plans and specifications: em o. F Description o£ changes - quantities, units, unit prices, change in completion schedule, etc. Increase or (Decrease) ' Covtlllio tS" CMp S-61-Mw Af*:11 ► +o svtswho4. — po►t Ec...� PtaB taT — 2.3's l3Kh60. 47Jot.60'/ Xb 45o tt.tae — 1 1%r e'o W .00/a. Zr 4 11. e a ✓ �1C0.40 100.00 Labor — x Op+r+ b,r S G zo-iible (Ol tt4 1 ""',F z tw- QPZt-i'l/o-. R %7.q4 z Mf'• '#?��So/h. j.202 _ 4t2.34 Net change in contract price due to this C.O. + *F 911,2A- CHANGE IN CONTRACT TIME CHANGE IN CONTRACT AMOUNT Original Time Previous C.O.s This Change Order Revised Contract Ti 56 days 0 O 5.5 Athi Original Contract Amount 'ZZLv,gZ5, 94 Previous Change orders 0,00 This Change Order * T7i-24 Revised Contract Amount 7-7-7 847. 2'3 (Attached) (Above) is full justification of each item on this C.O. including its effect on operation and maintenance cost This C.O. is not valid until signed by both the Owner and UnRineer. Kenai City Council has to approve all C.O.s. Contractor's signature indicates his agreement herewith, Including any adjustment in the Contract sum or Contract time. 2L L W By� BY Eng ne r Cody ct wner Date _ Date ♦ _ Date I a.. 1: rartwms L ,V t yr, 1-0 1791-1t R— W CITY OF MO FIVALOO KENAI, ALA8KA ONII TELEFNONE 2U • 7d35 FAX 907-283.3014 TO: William J. Brighton, City Manager FROM: Keith Kornelis, P.W. Director DATE: 12/02/88 FOR: City Council Meeting December 7, 1988 SUBJECT: State Legislative Grants #8/89-706 Roads $70,000 #AZ8.9-706 Drinking Water Improvements 856-3100 The City of Kenai requested that the State legislature reappropriate the Thompson Park Sewer line grant to water and sewer improvements. Attachment A, page 1 is a copy of this Resolution No. 88-30. Page 2 is a copy of the City's Resolution No. 88-75 accepting this grant. Whenever we receive the "STANDARD AGREEMENT FORM FOR MUNICIPAL GRANTS" I fill out the project explanation. I have always filled this out with a very broad explanation so that the funds could be used for a very large range of different projects. The State has never had a problem with my explanations before. Attachment B is a copy of the explanation I gave the State for our two grants. The explanation is exactly what I have used before and they have accepted it. attachment C is a copy of the State's letter of October 10, 1988 asking me to change the explanation to make it more specific. Attachment D is my reply to the State and the revisions to the project description. I took out the phrase they wanted, hoping to satisfy them, while still keeping our options as open as possible. Attachment_E is the State's letter of November 10, 1988.once _again. returning the grants stating they want the explanation to be more specific. Attachment F is a copy of what I think that the State of Alaska might accept. I talked with Keith Gilmore, State Administrative Officer, concerning these grants. He said that there should be no reference to Sewer whatsoever in the "drinking water improvements project." He also said that there should be no reference to water or sewer in our roads grant and that the other items should say.in conjunction with our road improvement project. 19 t Suggested by: Mayor Williams CITY OF KENAI RESOLUTION NO. 88-30 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REQUESTING THE ALASKA STATE LEGISLATURE TO REALLOCATE ADEC GRANT #46540 WHICH IS A GRANT FOR A SEWER INTERCEPTOR MAIN LINE AND LIFT STATION TO THOMPSON PARK TO A DIRECT LEGISLATIVE GRANT TO THE CITY OF KENAI FOR WATER AND SEWER IMPROVEMENT PROJECTS. WHEREAS, the Department of Environmental Conservation offered the City of Kenai a grant in the amount of $562,100 as partial financing of a sewer interceptor main line, including lift station, to Thompson Park, and WHEREAS, the City of Kenai accepted the grant according to Resolution 87 -16, and WHEREAS, the Council of the City of Kenai have decided to request the reallocation of the grant monies, and WHEREAS, the reallocated grant monies will be used for improvements to the City's water and sewer system. WHEREAS, This resolution would rescind Resolution 87-16. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Kenai City Council requests the Alaska State Legislature to reallocate ADEC grant #46540 which is a grant for a sewer interceptor main line and lift station to Thompson Park to a direct legislative grant to the City of Kenai for water and sewer improvement projects. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA thi 20th day of April, 1988. r- • HN J LLIAMS, MAYOR ATTEST: ,J�net Whelan, City Clerk 4/20/861 jai ATTACHMENT PAOB_= OF.�� [9 i 7 1 ) ' Suggested by: Administration CITY OF KENAI RESOLUTION NO. 88-75 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING STATE OF ALASKA GRANT NO. 4/89-706 IN THE AMOUNT OF $562,100 FOR WATER AND SEWER IMPROVEMENTS. WHEREAS, the State of Alaska has offered the City of Kenai a grant in the amount of $562,100 for water and sewer improvements, and WHEREAS, the State requires that the Kenai City Council accept the grant by ordinance or resolution. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City accept the State of Alaska Grant No. 4/89-706 in the amount of $562,100. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7th day of September, 1988. ATTEST: X""&aA h et Ruotsala, City Clerk (9/2/88) jal L r i L STANDARD AiGREEIQENT FORM FOR MUNICIPAL GRANTS This agreement is execute& between the State of Alaska, Department of Administration (Hereinafter called the "State"), and The City of Kenai (Hereinafter called the "Grantee"), WITNESSETH that':*.* Whereas, the Grantee is willing to undertake the performance of this grant under the terms of this agreement; Whereas, the municipality has the authority under the State law or local charter to provide the services for which funds were appropriated; Whereas, the State has the authority to enter into this agreement by AS 37.05.315; Whereas,. funding for this grant lapses on lapse date X upon completion of the project; Whereas, the grant # 4/89-706 of $562,100 is for the .purpose of drinking water improvement project (please provide further explanation and details in the space provided); This grant is for water and sewer improvement projects for existing and/or new water and sewer systems throughout the City of Kenai. Improvements could include, but are not limited to, water or sewer line extensions, water or sewer line upgrading or replacement, drinking water quality or quantity improvements, and other miscellaneous items related to the City of Kenai's water and sewer utilities. The general area for the improvements would be within the City limits of the City of Kenai. ATTACHMENT- B Page 1 of 4 L fi?5 t.'il 1 I w • STANDARD AGREEMENT FOR E-01 IIUIJICIPAL GRAMS -: --- - - This agreement is executed between the State of Alaska, +i Department of Administration (Hereinafter called the "State"), and The City of Kenai (Hereinafter called the ;•I "Grantee"), ! WITNESSETH that: ' 1 Whereas, the Grantee is willing to undertake the performance of this grant under the terms of this agreement; Whereas, the municipality has the authority under the State law or local charter to provide the services for which funds were appropriated; Whereas, the State has the authority to enter into this agreement by AS 37.05.315; Whereas,.funding for this grant lapses on lapse date X upon completion of the project; Whereas, the grant # 8/89-706 of $70,000 is for the purpose of area wide street improvements (please provide further explanation and details in the space provided); This grant is for road improvements for existing traveled transportation routes throughout the City -.and for new roads to open up new commercial, residential, and industrial zoned areas. Improvements could include, but are not limited to, water, sewer, street lighting, sidewalks, storm drainage, curbs and gutters, seeding, landscaping, traffic control markings, signing, paving, parking areas, and other miscellaneous items. The general area for improvements ' would be within the City limits of the City of Kenai. L ATTACHMENT 1PAQ6 �_ Page I of 4 i ' 1 e STEVE COWPER, GOVERNOR ',..1 .. .. •w l..:..�ry i�v; VI DEPART31ENT OF ADMINISTRATION P.O. Box c JUNEAU. ALASKA 09811.0208 l DIVISION OF ADMINISTRATIVE SERVICES 1, �i N s: (907) 465-2290 ��3h567°?*. • tober 10, 1988 Honorable John J. Williams 0- Li ��:• /Q�/a Mayor of Kenai N o �; �'� --• A +Ma.�.•y „� Cfl •A t.l 210 Fidalgo�'• :c: ;:•' .Lvio�: Kenai, Alaska 996117:6 Dear Mayor Williams: `°�<<•`� ° •�-�»�....._ ..,.. I am returning the enclosed grant agreements because the project descriptions contain language that is not acceptable 4for inclusion in a grant agreement. secAlselixf I am --referrina to the phrase 11... could inclu a but are no The project description is to include all work that is planned for grant funding. That means that work is limited to that described on the agreements. If plans change, and work not contained in the description on the original grant agreements is to be funded by the grant, an amended grant agreement must be executed. I have enclosed new grant agreement forms for the two grants. Please provide project descriptions that do not include the above mentioned phrase. Thank you for your cooperation. If you have any questions regarding this matter please contact our office. LE ATTACHMENT PAGE sincerely Eric Swanson Grant Administrator 7 I , I 1791.1991 r CITY OF KENAI i . 210 FIOALGO KF.NAI, AL.ASKA 99611 4 TELHPNONB 266.7699 _ FAX9. 1.2 �1 ::AL i October 17, 1988 fj Eric Swanson Grant Administrator State of Alaska Department of Administration Division of Administrative Services P.O. Box C Juneau, AK 99811-0208 Re: Municipal Grant #8/89-706 Q $70,000 Municipal Grant #4/89-706 m $562,100 Dear Mr. Swanson, I am in receipt of your letter dated October 10, 1988 to Mayor John J. Williams concerning the above referenced two municipal grants. I have changed the language in the grant agreement as per your suggestion in your letter. Enclosed are both copies for each grant with the new language. We look forward to receiving these grants and appreciate your help in obtaining them. Sincerely, Keith Kornelis Public Works Director L Enclosures KK/kh AA rACHMUT 0 a . �i Y. �2 - - -- 1 i- STANDARD AGREEMENT FORM FOR MUNICIPAL GRANTS This agreement is executed between the State of Alaska, Department of Administration (Hereinafter called the "State'$), and the City of Kenai (Hereinafter called the "Grantee"), WITNESSETH thats Whereas, -the Grantee is willing to undertake the - performance of this grant under the terms of this agreement; .Whereas, the municipality has the authority under the State law or local charter to provide the services for which funds were appropriated; Whereas, the State has the authority to enter into this agreement by AS 37#05.315; Whereas, funding for this grant lapses on lapse date .X_ upon completion of the project; Whereas, the grant # 8/89-706 of $70.000 is for the purpose of area wide street improvements (please provide further explanation and details in the space provided); This grant is for road improvements for existing traveled transportation routes throughout the City and for new roads to open up new commercial, residential, and industrial zoned areas. Improvements include, water, sewer, street lighting, sidewalks, storm drainage, curbs and gutters, seeding, landscaping, traffic control markings, signing, paving, parking areas, and other miscellaneous items. The general area for improvements would be within the City limits of the City of Kenai. FM r: gTANQARQ AGREEMENT FORM FOR MUNICIPAL, GRANTR This agreement is executed between the State of Alaska, Department of Administration (Hereinafter called the "State'% and the City of Kenai (Hereinafter called the "Grantee"), WITNESSETH that: Whereas, the Grantee is willing to undertake the performance of this grant under the terms of this agreement; 'Whereas, the municipality has the authority under the State law or local charter to provide the services for which funds were appropriated; Whereas, the State has the authority to enter into this agreement by AS 37.05.315; Whereas, funding for this grant lapses on lapse date upon completion of the project: Whereas, the grant # 4/89-706 of $562,100 is for the purpose of drinking water improvement project (please provide further explanation and details in the space provided) ; This grant is for water and sewer improvement projects for existing and/or new water and sewer systems throughout the City of Kenai. Improvements include water or sewer line extensions, water or newer line upgrading or replacement, drinking water quality or quantity improvements, and other miscellaneous items related to the City of Kenai's water and sewer utilities. The general area for the improvements would be within the City limits of the City of Kenai. ATTACHMENT PAGE_.3 �R 3 Page 1 of 4 L J ►, gTANQARQ AGREEMENT FORM FOR MUNICIPAL, GRANTR This agreement is executed between the State of Alaska, Department of Administration (Hereinafter called the "State'% and the City of Kenai (Hereinafter called the "Grantee"), WITNESSETH that: Whereas, the Grantee is willing to undertake the performance of this grant under the terms of this agreement; 'Whereas, the municipality has the authority under the State law or local charter to provide the services for which funds were appropriated; Whereas, the State has the authority to enter into this agreement by AS 37.05.315; Whereas, funding for this grant lapses on lapse date upon completion of the project: Whereas, the grant # 4/89-706 of $562,100 is for the purpose of drinking water improvement project (please provide further explanation and details in the space provided) ; This grant is for water and sewer improvement projects for existing and/or new water and sewer systems throughout the City of Kenai. Improvements include water or sewer line extensions, water or newer line upgrading or replacement, drinking water quality or quantity improvements, and other miscellaneous items related to the City of Kenai's water and sewer utilities. The general area for the improvements would be within the City limits of the City of Kenai. ATTACHMENT PAGE_.3 �R 3 Page 1 of 4 L J ►, -A t 1 1 A ki Oe Q STEVE cOWPER, GOVERNOR P.O. Box C DEPARTMENT OF ADMINIgTRATION JUNEAU, ALASKA 89811-0208 DIVISION OF ADMI �1� VICES (907) 465-2290 ��OY 1988 � November 10, 1988 Keith Kornelis 0 Public Works Director . city of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mr. Kornelis: We are again returning the enclosed grant agreements because the project descriptions contain language that is not consistent with the intent of the legislature:. on grant 4/89:706 the legislature appropriated $562,100 for the nking w r im r ve a 'ect". '':ie intent purpose -if of the legislature s that these funds will be used only for expenditures related to drinking water improvements. The problem we are having is that the description provided by �. the city includes several references to water and sewer improvement projects within the city limits. First, any intended work on setA, nes would y .)t be consistent with the intent of the legislature. S4cond, the severe references o water projects Iff—tee description are too broad and conceivably could include work on something other than drinking water iuiprovcments such as water fire hydrant lines and so on. We will =P- 5 w at ts" a:t: intended by the city before we can execute the grant agrc-ement. on grant 8/89-706 the legislature appropriated $70,000 for the purpose of area wide street improvements. Again, the intent of the legislature is that these funds be %-.qed only for area wide street improvements and nothing further. Included in the city's description is reference to water and sewer improvements, sidewalks, seeding etc. much of which does not appear to directly relate to street improvements. In addition, the description provides for Lire opening of -new roads. It seems the legislatures by usinr3 t:zu Hord improvements is rOfer to work Q:1 already cxisting roads ill the Kenai area. "Finally, the description includes other - -miscellaneous it�evis" which again seems to be too generic. Enclosed you �.iiil find two new copies of standard agreements forms for municipal grants for each of the crants mentioned above. Please provide a more specific explanation as to the intended use of these f�lc.s by the-c tv (. Kenai. p'�'�'p�HMBNT Cn PAGB_L_.- OF ....... -- -- - --- - - J arized to sign the Agreements are the Mayor and anager. Once we receive the signed forms with a ation of the intended purpose we will be in a ition to process these agreements and the city le to proceed with the projects. if you have any don't hesitate to contact our office. Sincer ly, Keith Gilmore Administrative Officer 'ACHMENY s t; s I i I' r, STA14DARD AGREEMENT FORIJ FOR MUPIgUAL GRANTS This agreement is executed between the State of Alaska, Department of Administration (Hereinafter called the "State"),, and the City'of Kenai (Hereinafter called the "Grantee"). WITNESSETH that: Whereas,'the Grantee is willing to undertake the performance of this grant under the terms 'of this agreement; Whereas; the municipality has the authority under the ' Sea te' law or local charter_''to provide the services for which funds were appropriated; 'Whereas, the State has .the authority to enter into this agreement by AS 37.05.315. 'Whereas, funding for ..this grant lapses on lapse date. _X_ upon completion 4f the project; Whereas,'the grant #4/89-706 of $562,100 is for the purpose of drinking water improvement project (please provide further explanation and details in the space provided); This grant is foi'vater improvement projects for existing and/or new water system improvements throughout the City of Kenai. Improvements include water line extensions, water line upgrading or replacement,•and other miecellaneous items related to the City of Kenai's water utilities system improvements. The general area for the improvements would be within the City limits of the City of Kenai. n '.r STANDARD AGREEMENT FORM . FOR MUNICIPAL, GRANTS This agreement is executed between the State of Alaska, . Department of Administration (Hereinafter called the "State")., and the City gf Kenai (Hereinafter called the '- „Grantee"), ' WITNESSETH that; ___._____ Whereas, the Grantee is Milling to undertake the g performance of this grant the terms 'of this agreement; „under. Whereas, he municipa.ity.'has the authority under the State.law or local charter to provide the services•f.or which funds were appropriated; ' "Whereas, the State has the to enter into'this .authority agreement by AS 37.05.315; Whereas, funding fox'•this grant lapses on lase, date _X_ upon completion; of the project; Zak Whereas, 'the grant #8/89-706 of $70,000 is for the purpose of area wide street improvements (please provide further explanation and details in the space provided); This grant is for road improvements for existing traveled transportation routes•throughoux,.,the City and for new roads to improve our road system. Improvements include street lighting, sidewalks, storm drainage, curbs and gutters, seeding, landscaping, traffic control markings, signing, paving, parking areas, and other miscellaneous items when done in conjunction with the road improvement project. The general area for j Improvements would be within the City -limits of the City of Kenai. MBNT geIof4 L ti Games of Chance and Contests of Skill A1a$mOgWm•ntolR•r•nW ' c np�lansucolon PERMIT APPLICATION 7 It11W.elhBlnN.Roomt00 • Jum•u,A1••katMJeel FEES. =.110 due with application.1% of entire not proceeds due with Annual Finen Please read the instructions below cOmplellnp this application. 1. NAME OF ORGANIZATION 4A. NEW APPLICATION ;f K x T?LA W l� CU11 Number Of YOM Organization s - - Has Been in Existence In Alaska: ailing Address �i X N 1st The following must be submitted with this application: 0 ❑ Current membership list (must have at least -�I City. State, Zip Code bers)!m R 1 if . -, L. , ❑ Certified true copy of artistes of Incorporation, or not . 2, TYPE OF ORGANIZATION. (Check the appropriate box. Refer to Incorporated, copy of bylaws and national and state i AS05.15.210and 15AAC105.010•.100for definitions.► charters; . - - l O municipality O Police or Fire Department O Copy of IRS certificate of taut exemption issued to non. profit organizations, if applicable , ij Civic or Service and Company Name and Mailing Address of National Organization (if applicable) O Religious O Dog Mushers' Association ❑ Charitable O Political ❑ Non-profit Trade ❑ Fraternal Association O Educational O Fishing Derby Association a8. RENEWAL APPLICATION " ❑Veterans ❑ Outboard Motor Most Recent Year O tabor Association Permit Number. Issued: 1 3. ORGANIZED AS: (Check the appropriate box.) The following must be submitted with this application: O Current Alaska membership list (must have at least Corporation ❑ Association ❑ Partnership 25 members►; _ ❑ Firm O Company O Copy of amendments to bylaws, if any. L LOCAL OFFICERS (must be current, bona fide members in good standing) I TELEPHONE NUMBER r_ NAME TITLE DAYTIME �► t&4 EK? f)�•1� IaDR.T�E? ,JIGI. -Pszl .S1diry T AA.(aA1 i' 0 AC•ft,4& E1.F. jCa-•� c,,.,f�1�v -r►+I�okilF �� TA ,� 5,,�1 IF.2 ,�.R3..7 s 1s 6. TYPES OF GAMES TO BE CONDUCTED, List types of games by common name if other than those listed. See A8.05.15.160, A8.05.15.210; 15 AAC 105.110-.160. I ❑ a. Bingo (NOTE: Bingo 1%b. RafflesALotteries ❑ f. Fish Derbies O ). Goose Classic - games must not be held � 4617�3 more than 9 occasions (3 c. Pull -tabs O g. Contests of Skill O k.Salmo i In a calendar month .- with no more than 35 ❑ d. Ice Classics ❑ h. Rain Classics ' S i " games per session or • c� " r- series of games.) O a Dog Mushera' Contests O 1. MerduryClassic co w THE SPACE BEWW IS RESERVED FOR DEPARTMENT OF REVENUE USE ONLY. Itd ad f74 %t Date of Receipt t Permit Number. ,DECZ� Date of issue. Financial Statement: ❑ Yes ❑ No New ❑ }. NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUE11 : �' F•nh018U1aer.elerl _ pr L L i i T. DEDICATION OF NET PROCEED& Before a permit can be granted, the organization must plan to use the net proceeds for the awarOing of prizee, and for politleal, educational, civic, public, charitable, patriotic or religious uses in Alaska (See Instructions for specific rules on how proceeds can and cannot be spent.) In the space below, tell how your organization plans to use the net proceeds from the gaming activities. 6e specific. /oa oc-lefrlds j o w (We bS Av! 010 rJ )ry G•- o F 10 O1' ! 1}k %.4et NA10.E A-40 Wk 4. , die frdG- OF -rj�IG Kt4"r-o&,::- 6 1 T't. Ir 6 It NG-1-PH a ESTIMATED YEARLY GROSS RECEIPTS $ S ovv 9A. PERSON IN CHARGE OF GAMES. This must be a bone fide and active member of the permittee organization. The member in charge must be present during the conduct of each of the specified activities stated on the permit. An alternate member may be designated to conduct the authorized activities during the absence of the member In charge. PRIMARY MEMBER ALTERNATE MEMBER , Name _ TltlsI Name TV . AW C d7/sf City, State, Zip Cods City, State, Zip Code k1LIyi'.Z awVf%W-04= eJ�l�_// IR LIMP a-Z ,J IV . A%.t-14.Sri-4a �1669 Daytime Telephone Numlaw Daytime Telephone Number �. �r 90. COMMERCIAL OPERATOR. If a commercial operator is employed to conduct the gaming activities, provide the following Information. Name of Premises (where game$ will be conducted) Street Address of Premises 10. TH ESE allESTIONS MUST BE ANSWERED, YES NO ❑ ® A. Has any person listed In 9A or 9B above ever been convicted of a felony or gambling misdemeanor? ❑ 19 a Will any person listed in 9A or 98 above receive compensation of any kind from the receipts of the gaming activities? 11. What Is the HOURLY wage to be paid to workers operating the games? $ per hour (NOTE: Only up toS4.85 per hour may be claimed as an authorized wage expense on the Annual Financial Statement.) 12. SIGNATURE OF TWO OFFICERS IS REOUIREO: We certify under penalty of perjury that to the best of our knowledge and belief all the information on this application. Including any at. tachments, Is true, correct and complete. We understand that any false statement made on this application Is punishable by law. We fur• ther certify that we have delivered two copies of this application to the nearest city of borough office 10f reviews A. B• 'ell'. n cr�G1G�=rig,. - ► �+ iP ata� 13.0�erlocatl'anolt IOR OROU H RESPONSE TO APPLICATION. TWO copies of this application must be submitted to the city or borough nearest to proposed gaming activities.1b speed processing, please have the appropriate�local government official Indicate by sgnature bal the community's approval of or objection to therpermft.CAUTION: if this section is not completed, thepermlt will b¢-. delayed 15 days to allow the city or borough time to respond to this application. YES No THIS APPLICATION HAS LOCAL GOVERNMENT APPROVAL: ❑ ❑ (Attach explanation of objection to issuance of the requested permit.) $IgnatumatLocal Gowament0lfiolal TTitleI Date I Panted Name atrersonWho Signed I TelepnoneNa aaueeea ttlw.erort NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BY LAW. L.� I T. DEDICATION OF NET PROCEED& Before a permit can be granted, the organization must plan to use the net proceeds for the awarOing of prizee, and for politleal, educational, civic, public, charitable, patriotic or religious uses in Alaska (See Instructions for specific rules on how proceeds can and cannot be spent.) In the space below, tell how your organization plans to use the net proceeds from the gaming activities. 6e specific. /oa oc-lefrlds j o w (We bS Av! 010 rJ )ry G•- o F 10 O1' ! 1}k %.4et NA10.E A-40 Wk 4. , die frdG- OF -rj�IG Kt4"r-o&,::- 6 1 T't. Ir 6 It NG-1-PH a ESTIMATED YEARLY GROSS RECEIPTS $ S ovv 9A. PERSON IN CHARGE OF GAMES. This must be a bone fide and active member of the permittee organization. The member in charge must be present during the conduct of each of the specified activities stated on the permit. An alternate member may be designated to conduct the authorized activities during the absence of the member In charge. PRIMARY MEMBER ALTERNATE MEMBER , Name _ TltlsI Name TV . AW C d7/sf City, State, Zip Cods City, State, Zip Code k1LIyi'.Z awVf%W-04= eJ�l�_// IR LIMP a-Z ,J IV . A%.t-14.Sri-4a �1669 Daytime Telephone Numlaw Daytime Telephone Number �. �r 90. COMMERCIAL OPERATOR. If a commercial operator is employed to conduct the gaming activities, provide the following Information. Name of Premises (where game$ will be conducted) Street Address of Premises 10. TH ESE allESTIONS MUST BE ANSWERED, YES NO ❑ ® A. Has any person listed In 9A or 9B above ever been convicted of a felony or gambling misdemeanor? ❑ 19 a Will any person listed in 9A or 98 above receive compensation of any kind from the receipts of the gaming activities? 11. What Is the HOURLY wage to be paid to workers operating the games? $ per hour (NOTE: Only up toS4.85 per hour may be claimed as an authorized wage expense on the Annual Financial Statement.) 12. SIGNATURE OF TWO OFFICERS IS REOUIREO: We certify under penalty of perjury that to the best of our knowledge and belief all the information on this application. Including any at. tachments, Is true, correct and complete. We understand that any false statement made on this application Is punishable by law. We fur• ther certify that we have delivered two copies of this application to the nearest city of borough office 10f reviews A. B• 'ell'. n cr�G1G�=rig,. - ► �+ iP ata� 13.0�erlocatl'anolt IOR OROU H RESPONSE TO APPLICATION. TWO copies of this application must be submitted to the city or borough nearest to proposed gaming activities.1b speed processing, please have the appropriate�local government official Indicate by sgnature bal the community's approval of or objection to therpermft.CAUTION: if this section is not completed, thepermlt will b¢-. delayed 15 days to allow the city or borough time to respond to this application. YES No THIS APPLICATION HAS LOCAL GOVERNMENT APPROVAL: ❑ ❑ (Attach explanation of objection to issuance of the requested permit.) $IgnatumatLocal Gowament0lfiolal TTitleI Date I Panted Name atrersonWho Signed I TelepnoneNa aaueeea ttlw.erort NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION IS PUNISHABLE BY LAW. L.� I 1 btate of Sraota 1 Pepartmeltt of dommerce and Fconomic Beaelopmt Certificate The undersigned, as Commissioner of Commerce and Economic Development, of the State of Alaska, hereby certifies that duplicate originals of the Articles of Incorporation of KENAI LITTLE LEAGUE, INC. duly signed and verified pursuant to the provisions of the Alaska Nonprofit Corporation Act, have been received in this office and are found to conform to law. ACCORDINGLY the undersigned, as such Commissioner of Commerce and Economic Development, and by virtue of the authority vested in him by law hereby issues this Certificate of Incorporation of. KENAI LITTLE LEAGUE, INC. and attaches hereto a duplicate nriginal of the Articles of Incorporation._„ TESTIMONY WHEREOF. I hove hereunto we my hand and affixed my official Beal, at Juncam the Capital, this 18th day of My A.D. 1-9 %9 as WEBBER COMMISSIONER OF COMMERCE AND ECONOMIC DEVELOPMENT F _Z:__ -a AGREEMENT THIS AGREEMENT is made between the KENAI PENINSULA BOROUGH, 144 N. Binkley Street, Soldotna, Alaska 99669 (hereinafter "Borough"), and the CITY OF KENAI, 210 Fidalgo Street, Kenai, Alaska 99611, (hereinafter "City"). IT IS HEREBY agreed to as follows: 1. The City will give its approval to extend the Borough's landfill permit from November 30, 1988, to December 31, 1989, or until the final 80' x 1,000' trench is filled, whichever is the latest. 2. The City gives its approval to the continued use of five acres at the entrance of Kenai Landfill site as a transfer site after closure of the landfill operation so long as the Borough maintains the existing buffer zone and a clean and orderly site is maintained. 3. The Borough will provide up to 50,000 tons of sand for use by the City in its dock facility or other projects as needed by the City subject to the time limit of this Agreement. The City must remove the sand from the landfill by August 30, 1989. 4. In any project using the sand, the City will bid the project using procedures as required by the Kenai Municipal Code and will include in the bidding documents the Borough's Tax Compliance Certificate. 5. In addition, the Borough will provide a payment of $85,000.00 to the City in exchange for approvals given in Sections 1 and 2•of this Agreement. 6. While this Agreement remains in force, the Borough will obtain existing landfill contractor's permission to allow the City to have reasonable access to the landfill site on time and dates requested in writing by the City of Kenai and approved by the Borough. 7. The City is responsible for the use of the sand furnished under this agreement, and the Borough makes no warranty of suitability of the sand for any use or purpose that the City chooses. ----IN WITNESS -WHEREOF, we -have executed this Agreement on the - day and year indicated below. DATED this day of 1988. CITY OF KENAI William J. Brighton, Manager KENAI PENINSULA BOROUGH Don Gilman, Mayor L J 1 9K November 30, 1988 1791-1 _ CITY OF ,.od ea, 4 MO IgDMM MN, ALUM M11 THE MOMe m-7m FAX907-283.3014 POLL OF COUNCIL Shall the City of Kenai Reimburse Harbor Commission Chairman Quesnel for expenses for Ports Alaska Committee meeting in Anchorage, Dec. 1, 1988. Costs will include round trip plane fare, car rental and one day per diem. Mayor Williams - yes Councilman McComsey - yes Councilman Measles - yes Councilwoman Monfor - yes Councilwoman O'Reilly - yes Councilman Smalley - yes Councilwoman Swarner - yes A _ A 114 r L .M 4 1791-19t CITY OF K "opt ed,oAd 4 210 FIDALAO K9W, ALASKA N811 TMMHONN M- 7W FAX 907.283.3014 TO: CITY COUNCIL FROM: BILL BRIGHTON, CITY MANAGER DATE: 11/04/88 SUBJECT: TELEPHONE POLL AUTHORIZATION OF PO TO WINCE-CORTHELL-BRYSON AERIAL PHOTOGRAPHY The Kenai Public Works Department and Airport Manager request Council approval to issue a purchase order (P.O.) to Wince, Corthell, & Bryson for $2,100.00 to provide aerial photography of the airport. This photography needs to be done before snow covers the ground and is part of the overall drainage project. r• Authorized By William J. Bk;kghton City Manager Funds are available in account number: D:Z o Charles A. Brown Finance Director Yes 140 Mayor John Williams Ray Measles , Art McComsey- -- Hal Smalley fit t� Linda Swarner Marj O'Reilly Chris Monfor L L n • KERAt PENINSULA BOROUGH NE REGULAR AS MEETING R ASSEMBLY 0 ri DECEMBER 198NOPIO P.M. 01 ROUGHUUDINO SOLUMA. ALASKA A 0 9 N 0 A Assembly A. CAM 1 81, Casa crew B. nnn OF ALL ism Click C. INVOCATIONS pastor Alan HumphriesHodgins Soldows Church of God Koons D. ROLL CAM Heathen McLane E. VACANCY DESIGNATION 01 SEATIN 07 ASSEMBLY( MERS Allen F. APPROVAL Of MINUTEST Reg. Mtg. November 15, 1988 mash O'Connell 0. COMMITTEE REPORTS Poindexter Sevoll (a) Vinwee (Chr. Crawford, V.C. Carey, OlLcko e8ko tad O'Connell. Hash. Valli) 3 agL Price Waterhouse Audit Report (b) Local Affairs/LeS. (Cbr. Skogstad. V.C. Mullen, Poindexter) Glick. McGahan. O'Connell. (c) Public Works/Educe (Chr. McLane, V.C. Moodko alrotin, HodgLns. McCahan, Skogstad. Koons) H. MOTIONS TO RECONSIDER t. AGENDA APPROVAL AND CONSENT AGENDA J. ORDINANCE HEARINGS (a) 'Ta'x4Ojub't'tuta "Amending the Borou8b gildhe 000 accot uxuto IMS ff &"Maus$ and Determination of the Sala es Tax Committee of the Borough Assembly" (Sales Tax Committee) (b) Ord. 86-46 "Accepting and Appropriating a rGrant- rom tjo —Ttate of Alaska Department of Education! for Construction of the Seward Elementary School" (Mayor) (c) Ord. 88-47 "Accepting and AlproirLsl:ft$ an Addi- the Emergency in grant Funding Of Services Division" (Mayor) (d) Ord. 88-46 "Ap ropriattinS $50.000 from the Undo signaterrund Islance of the Kaltfofnsky Fire Service Area for Equipment Purchases" (mayor, Req. KFSA Board) K. INTRODUCTION Of ORDINANCES (s) Ord. go -So ,Approving an Amendment to a Lease rgjreemenj� qgtwggn the Kenai Peninsula Borough and Pacific Alaska LNG Company" (Mayor) 1� ) (b) Ord. 880-51 "Amending the Purchasing Code to aw • Assembly to Select Consultants Without Formal Competitive Procedures" (Nash) (a) Ord._88-52 "Authorisiag the Sale of Tract C of • ugs arrace Addition No. 1 to Arco for the Purpose of Establishing a Consolidated Drill lUud Waste Disposal Site in the Bslugs Area" (Mayor) (d) Ord 88- "Establishing an Advisory Planning WON&@ on is the Community of Anchor Point" (Mayor Rsq. of Anchor Point Chsmber of Commerce) L. CONSIDERATION OP RESOLUTIONS (a) @. 9I "A roving and Adopting Board Sylawe rouos Renal Peninsula No service Fare pital Area Board" (Mayor. Req. S.A. Board) (b) Rev. 88-y9 "Approving Sales Tax Regulation 88-1 •gaR—rd the Ptotset of State Liquor License Applicat on Where Appplicant has Entered a 8eaussd Payment Plan for Salsa Tax Debts" (Mayor) (a) Res. 88-100 "Transferring $4,000,040 Excess Bond socF e-50 From Bond Issues Previously Sold to the Sward Elementary School as Authorised by the October 4, 1988. Regular Bleation" (Mayor) (d) Res 88-101 "Requesting the Alaska State Department Tportatide to Revise Their Order of Road Pro at Priorities by Making the Seward Highway NilsPost l0-6! Project /1 on the Six -Year Priority List' (Saws. Skogetad) (a) Rea 1 88-102 "Authorising the Borough to Apply for a ran or the Bear Crook Fire Service Asoa �n the Amount of $40,000 to Fund Completion of Construction of a Building to House Emergency Vehicles" (Sewall) M. PENDING LEGISLATION (This item list@ legislation which will be addressed at a later time as noted) (a) Ord. 88-27(Ravised) "Amending RPB Title 21 to Add a Now Chapter 200 Pertaining to the Burial, . Dumping. Transporting Storage Incineration, or Other Disposal of lotentially Harmful. Toxic or Hazardous Waste Materials. and Amending IPS lion" Pertaining to Disposal REFERRED OPC./ASSM. TASKORCE (Nash) (b) Dis byyr�Ordinaance osal3CommiasioniEstablished 88-27 TABLED PROD. (Revised)" (Nash) A/PC TF (a) Ord. 88-42 i SUBSTITUTE "Enacting Code Provisions to Allow Community Councils to Be Established" (Ma0ehan) TABLED 11-15-88 I (d) Ord. 88-49 "Amendin KPB Chapter 20.20 Regard - ins Subdivision DseReqquirements by Enactment of a New Section 20. 0.O1i Providing Access Requirements for Proposed Subdivision of Land IsolPsamated by System!'(Mayor)oHEARING the Highway 1-3-89 (a) Its. 88-89 "Supporting Legislation Providingfor a More Equitable Distribution of the Fisher&es Business Tax Revenue Distributed by the State to Local Governments" Wa . yor, request of airier) TABLED 11/i/88 N. POD(AL PRESENTATIONS (MITH PRIOR NOTICE UPON SUBJECTS ( HOT ON THE MEETING AGENDA .. '' 0. PUBLIC COMOWS AND PUBLIC PRESENTATIONS ' P. MAYOR'S REPORT OTHER BUSINESS }II R. "$UGLY AND MAYOR'S COM M MRS I S. INFORMATIONAL MATERIALS AND REPORTS (a) Legislative Delegation Schedule - December 6. 1988 _.._..-....._._ _..__ ` T. NOTICE OF NEXT MEETING AND ADJOURNMENT (December 20. 1988) 1 a "wYCUL CHAMIRER TIDIDAN Newsletter of The Greeter Soldotna Chamber of Commerce ......... Volume 1 Issue 12..... Dece' 8a4'goo -THINK TANK' Blq ITEM Jim Carter, Exec- utive Director of the newly formed Kenai Peninsula Economic District (EDD) Is the featured Keynote speaker at the "follow - op" Think Tank for - Saturday. Decew ber 3, 1998 at My- kei's Restaurant Banquet Facility. The meeting begins at 10:30 AM with an overview of the previ- ous session held Oc- tober 29. W. Carter's noon luncheon pres- erllationwill be on the EDD formed early in 1988 by Peninsula Community Mayors. Ideas and con- cerns about the Chamber's Past, present and future dt- rection were ex- pressed by thirty-five ?aftiparts at the first eession. "Hit lists" of items for commAtees on commiltees, board composition, eco- Is In nomic developmerk luncheon program, dues structure and membership were formed and taken up by comml8ees for ex- panded discussion and study. The mem- bership dues sched- ule, size of board of directors, the need to separate tourism Mom Chamber, developing a mission statement for each commirtce, eeMblishing a *ang- er Idently as the Sol- dotrla economic de- velopment arm were among many sug- gested topics. Results of com- mltee work will be re- ported ba the group Saturday when a list of recomrrrendations for Hoard Action will be formed. This con- clusive session is open to anyone wlsh- Ing to akend. Their is no registration fee, lunch Is ordered from Me menu. - The Chamber may make this an annual plan- ning event 7 0 is HAPPY HOLIDAYS HELP OUR LOCAL ECONOMY BY SHOPPING AT HOME FOR CHRISTMAS CHRISTMAS DECORATIONS INSTALLED Right on "0". the streets of Soldotne were transformed Into a hoidey wonder- land of light and sculpture. Amidst blistery wind and holiday traffic HEA crews persevered to complete installation of light pole Christ- mas Decorations be- fore Thanksgiving. "4hamber board, members and staff _,appreciate the fine 'effort on the pert of "'xJ,NEA for installation ti µ*''end the City of Sol- �`: detne for allocating `,.:;funds, storing and ",' maintaining the huge ornaments. SOLDOTNA AREA CMIST- MAS DECO- RATING CON- TEST Soidotna area resi- dents and commercial facilities can enter L the Christmas Decorat- ing Contest until De- cember 20. We have enclosed an entry blank in this Newsletter or use the one in the Clar- ion. Beautification Committee Chairperson Connie Davis says "the prizes really make winning worthwhile and the overall result Is a lovely Christmas for all of us." Com- mercial winners will receive: A one year Chamber membership (value $125) for first place; $50 Oift Certif- icate from "THE OF- FICE PLACE' for second; and Chamber lunch and a SOLDOTHA T-shirt for third. First place residential win- ner will receive $100 Gift Certificate from B & B FOODLAND $50 Dinner for two FOUR SEASONS RE- STAURANT for second place; and 24 I.S. tur- key from ECHO LAKE LOCKERS for third. Get your antries ready and into the Chamber office by the Decem- bar 19 deadline. CHRISTMAS TREE DECO- RATING AT "VIC" Beautification Committee members, family and guests will decorate the Visitor Information Center Christmas ' tree, Thursday; December 8 at 6:00 pm. Attendees are asked to bring ornaments for the tree which was do- nated by Betty and Jim Harris. Com- mittee members are providing chili and hot spice wine. Christmas music is sure to inspire some impromtu carroling. Join us -dress casue- ly. SANTA MAKES SOLDOTNA. AD- DEARANCES Children can visit with Santa at the Peninsula Center Mail daily in the af- ternoon while Mom and Dad have access to jolly old Saint Nick on Tuesday at noon, De- cember 13 when San- tawiil pay atradi- tional visit to Chamber lunch. Sol- dotne High SchoolJazZ Band and the Girl Scouts Troup 214 will share the agenda for a wonderful holi- day treat. We -look forward to seeing you at our lest meeting of the year. HOLIDAYS CHANGE CHAMBER MEETINGS AND OFFICE SCHEDULE Noon general mem- bership luncheons for December 20 and 27 have been cancelled as has been tradition during the holiday season. Board of Di- rectors meetings for December 21 and 28 are also cancelled un- less a need exists; then the meeting will be called for that spe- cial purpose by Pres- ident Val Edmundson. SCOUTS TRIM THEIR TREE Jr. Girl Scout Troop 214 trimmed their - donated evergreen Monday in front of the VIC. Thanks girls) Marty Steckel is troop leader. ANCHOR DOINT RMS C11AM- ER OF COM- MERCE Buzz and Susan Kyllonen of KVLLO- NEN RV CAMPER PARK are primary organizers of a Cham- ber of Commerce for Anchor Point. The Sterling Highway de- sign hearings prompted several An- chor Point business people to talk with Representative C.E. Swackhammer and Mike Navarre about the need for a repre- sentative group. The Kyllonen have tapped any resources to waide the new organi- zation into being, in- cluding the SOLOOT- NA CHAMBER staff. Officers have been elected and a lunch meeting will soon take the place of the 9:00 am Wednesday ses- sions meeting at the Anchor Point inn. We wish the ANCHOR POINT CHAMBER OF COMMERCE well In their new begin- nings. "VIC" E%IHIPIT ROOM ODEN Fall, winter and spring visitors will enjoy the same hospi- tallty and opporunity to view our photo/ animal display with the year round open- ing of our KENAI PENINSULA VISI- TOR CENTER exhibit space. Chamber staff will continue to pro- vide our shoulder aeeaon guests with information about the entire peninsula, but have the added benefit of this state-of-the- art attraction. NOON LUN- CHEON BIDS IN- VITATION IN THE MAIL Noon luncheon bids have been mailed to all Soldotna area Restaurants. Respon- dents are asked to have a banquet seating capacity of 66 or more based on 1987 and 1988 meeting at- tendance figures. A seating plan must be submitted with the bid. Havingverious amenities will help including the need for a microphone. speak- ers and lecturn or podium. The availa- bility of a TV moni- tor, video player and movie or siidepro- jector screen is a "nice to have" but not essential. Primarily, the-abilityto.-ade-_- _.- queteIV serve and seat banquet style hot mein course, saleds, dessert and beverage is the key to being considered. Bids are requested for a full meal and a sated lunch. The successful bidder, if not already a Chamber member, is required to join. Response deadline is December 16th. AWARDS IRANQUET SLATES fOR JANUARV 13 Friday the 13th of January offers an Interesting opportu- nity for an Awards Banquet theme. The special events com- mitteewilt begin working on plans for the fete soon. Lt. Governor Stephen McAlpine has gra- ciously accepted the Chambers invitation to be the keynote speaker stating he has had that honor in most other Alaskan com- munities. The Lt. Governor tried dili- gently to address our noon iunchoen general 1989 BRINGS CHANGES When we say good bye to 1988 we also bid farewell to Betty Harris and Paul OraV as directors on the Chamber Board. Paul and Betty havq been tireless workers continually suppor tive of Soldotne and_... constant contributilf*s to the Chember. Please take a moment to say thanks for the effort on behalf of the Chamber. The gavel passes from Valerie Edmundson to Presi- dent -Elect Phil Turkington. Val has given her time and energy diligently and now joins the ranks of Chamber Past Presi- dents. Our incoming president comes from those ranks having held the lead office twice previously. Election results will be certified by the Board at its December 7 meeting. meeting in November 0.�ed without success due to BY-LAWS poor flying conditions CHANGE ASKED out of Juneau. Alaska TO 1 NCREASE ' celebrates its 30th NUMBER OF -� statehood birthday January 3 when we BOARD SEAT$ mark our official as - session into the Union Notice is hereby of these great United given by means of this States of America - article and the an - Mark your calendar closed insert of a for this event -ticket -i p - - rop by awe sales information will amendment to be voted be available soon. at the December 13 General Noon Lun- J _ I General Noon Lun- cheon Session. Think Tank attendees rec- ommended that the 9oard of Directors be 3xpended to represent the non-profit or government sector. The group maintained that the Board should be representatives of the business commu- nity but felt a balance was needed with the government or non- profit sector. Three additional appointed oneyear term seats are proposed, ex- pending the Board to . _ twelve. A quorum would then be seven and the president would vote only when breaking a tie. HAPPY NEW YEAR p GREATER SOLDOTNA CHAMBER OF COMMENCE PO BOX 236 Soldetna,AK 99669 - City of Kenai Mayor John Williams { 210 Fidelgo Kenai Alaska 99611 'c BULK RATE U.S. Postage PAD Permit No S SdddM AK Board of Directors Commfees President Valerie Edmondson Beautification President Sect Philip Torlcington Merchants Vice President Philip Todtington Visciorhdw try John Vaughan Special Events Jan Moore tgrtencs Paul MOler LegisletiveAfYeJrs Dave "etchings Education Treasurer Betty"aria Paul Gray Memberships Seaetary Mavis Blow ExemutiveDiredor Kathy Scott Chamber0fiee PHONE 262-9814 7 y,:-�nd l PENINSULA HOME HEALTH CARE _ � 44839 STERLING HWY.. SOLDOTNA. AK 99669 • TEL. 262.47150 November 30, 1988 N r Dear Friends. T \Vmo/ .:... We would like to take this opportunity to thank you for your past support and invite you to join us at our OPEN HOUSE on Wednesday the 21st of December, 1988. Please stop by anytime between 1:00 and 5100 P.M. for refreshments and conversation. HAPPY HOLIDAYS111 Staff and Board Members of PHHC Blasy Mall, Suite 212 L Jll r) 1 /\/Fd — 9/ } TO DO LIST NOVEMBER 28, 1988 WORK SESSION 1. C. Brown - Prepare assessment role for LACK, VIP, Aliak, Highbush paving project at 12% 2. C. Brown - Prepare resolution for Dec. 21 meeting - assessment for LACK, VIP, Aliak, Highbush paving at 12% 3. B. Brighton - Send letter to VIP residents explaining assessment for paving at 12% after Dec. 21 meeting 4. K. Kornelis - Check into cost of light on Welcome to Kenai sign jr u FQ r 6 r» A r/VFO - s C ity scrapes to find cash to pay its bills By PAMICK HUM Staff 1111 ter Thecityof Fnankstemprari- ranoutofmobtwiceinhpast three weeks, city officials said Saturday. The city's bank covered the shortfall In the city's account until new revenues came In shortly afterward, said City Finance Director Bob Wolting "There are days when we have absolutely no money in the bank; ' City Manager Brian Phillips told city council members and Mayor Jim Nordale at a work session Saturday. "We've tried baling wire and boot strapping this treasury for Ph1Wps and Wolfing are worttad that some November and Decem- ci L City manager says many V:Ir- bonksans don't realize how much the city budget has been slked In the past three years, page A-9. ber. bills might not be paid urAd ear- ly next year. On Oct. 31. the city was almost $30,000in theboleatterpaying buts, according to a cash balance state. ment distributed by Wolting. The temporary crisis was re- solved on the following day when the city received more than $500,000. Wolting said he does not know whether the city will be able to pay all its bills through the end of the year. U not, the city might be over. CITY due on some accounts until Febru• ary, when it is fed to.receive about q.2 mlWex in state aid, Phil However, some vendors that do business with the city probably wW not want to wait two or three months before they got paid, he said. "We might get a bad reputation around town it we don't pay our bills," PhiUipa sakt: In the past, the city has paid its bills early and re- ce ved a discount from companies. with which It does business. Phillips In Ma declared a freeze on all city spending except payroll and certain contracts. He said the city will continue to pay employees, , every two weeks. (See CITY, Page AO (Continuer) from page A-D Wolting said the city must pay other bills, such as those for work- ers' compensation and other insur- ance. He said he must make deci- sions to pay bills on a daily beak as revenues arrive. The city expects to receive more money next week from its neatly depleted savings account. The cityshou daisoreceivemore then $1 millionin property taxes be- fore the end of the year. Wolting said the city's fiscal cri- sis was guaranteed because it has been using reserves to pay city ex- penses. "We've been spending more than i we bring in for to to n years," he said. The budget troubles will not be- come easier to resolve. Phillips g.9iects millwill have a iothan defici t the y the end of 1989. He has proposed balancing the budget by selling city property and raising the mW rate. The city council will begin work sessionsfor the 1989budget lateral the mouth. A balanced 1999 budget must be approved byy Dec. 18. The city council wW convene Ina regular meeting on Monday. Air- o k as DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES I111 AVIAT/ONAVENUE P.O. VOK 196M 1 ANCHORAGE, ALASKA 995194900 I ' CENTRAL REGION - PLANNING (TELEX 2.185) (907) 266-1462 f November 28, 1988 — - - - - REs Kenai Spur Bike/Safety Path `.� Kathleen F. Scott, Executive Director Soldotna Chamber of Commerce i P.O. Box 236 Soldotna, Alaska 99669 - Dear H� t Thank you for your letter requesting information on the cost to design and construct a bike path between Kenai and Soldotna in concert with the proposed =' ! Kenai Spur Widening Project. Per our conversation, the department will be looking to the local communities to secure funding for the bike trail project. ..- The department, because of limited federal funding and very restrictive federal f highway program requirements on bike path construction, will not use federal funds for this project. Also, because of extremely limited state General Funds and several pressing priorities to provide basic highway improvements to communities, we will not pursue a state General Fund bike path project through the DOT&PF Capital Improvement Program process. However, if the communities can secure funding for the project, the department will be glad to design and construct the bike path as part of its Kenai Spur Widening.Project proposed for construction in FY'92. Maintenance of the bike trail once it is constructed is also an issue to be t� considered. DOT&PF has limited maintenance personnel and funding. Maintenance ;f of the bike path would be a low priossty. It would be beneficial for the communities to propose a method of funding the maintenance using municipal personnel or volunteers. - = We estimate that the cost of the path would be $150,000 per mile if constructed as part of the widening project. This cost estimate assumes that the bike path project would begin at the end of the existing sidewalk in Soldotna, near Mile 1.0 of the Kenai Spur Highway, and would end at Kenai High School at the existing bike path. It is also assumed that no additional right of way would have to be acquired. The total length of the bike path would be approximately 8.5 miles. The, estimated total -construction cost -of the project Is $1, 275, 000. Design Cost would be approximately 12% of this total or $150,000 in addition to the construction cost. If the bike/safety path were constructed as a stand alone project, we estimate the cost would be approximately $200,000 per mile. Total project cost would be approximately $1,700,000, with an additional $200,000 needed for design costs. { The same assumptions as above would apply. L E7 Ms. Scott Page 2 I hope the above information will be useful to the Chamber in making recommendations regarding support of local transportation improvement projects. Please contact me if you have any further questions. Sincerely, A Murph O'Brien Kenai/Prince William Sound Planner JHHs kc ccl Senator Paul Fischer Representative C.E. Swackhammer Representative Mike Navarre John Williams, Mayor, City of Kenai Bill Brighton, Manager, City of Kenai Doily Farnsworth, Mayor, City of Soldotna Richard Underkofler, Manager, City of Soldotna John Burkholder, Reconnaissance & Locations Engineer, Reconnaissance 1 r-- f maau. i�ciinit�. IM�nw.M.eww��r�u STERLING SPECIAL WASTE SITE CLOSED OUT =)v Fo - 7 No. a November 1988 The Kenai Peninsula Borough, under the oversight of the Department of Environmental Conservation, has finished virtually all the cleanup work at the Sterling Special Waste Site. The borough -owned site, which operated for a decade by a contractor as a central site for disposal of industrial waste, was closed out on November is. When closeout began, several pits on the site were filled with largely liquid drilling muds, which should have been solidified by the sites operator, and it was thought that unauthorized materials might have been disposed of at the site before it was abandoned in 1986. Failure to solidify the muds, and the practice of pumping water accumulating on top of the pits into other pits, spread the potential for Isaobing o! heavy metals or other substances into the soil and ., groundwater. Although no contamination has been discovered in soil or groundwater away from the immediate area of the pits, several homes and a school are nearby. To close out the site, two large pits were lined with a thick, high -density polyethylene. Drilling muds were solidified by mixing in cement, and the muds and nearby contaminated soil were moved into the lined pits, which were then covered with more polyethylene and a layer of clean soil. The project involved moving some 83,000 cubic yards of material, including 24,000 cubic yards of muds and 9,000 cubic yards of :contaminated soil. The remainder was clean soil, moved either in preparing the site for cleanup or to cover the lined pits. in October, with work nearly complete, several workers were stricken briefly by Illnesses that may have been associated with pockets of gas in the soil. Tests of the workers, the soil, and the air revealed no sign of any toxic substances. Over the winter, DEC and the borough will finalize a long-term groundwater and soils assessment program. This final action is an important step in the cleanup process, because will further define the extent of the original contamination, and it will provide information about the cleanup's long-term effectiveness. The site and its monitoring system will be watched indefinitely, using test wells and other methods, to provide early warning in event of pollutants migrating offsite in either the .groundwater_.or. soil. In the spring, vegetation will be planted to prevent erosion and to better seal the site. to F. .. 7 RECENT DEVELOPMENTS IN THE KENAI CLEANUP PROJECT COMPREHENSIVE INVENTORY OF WASTE SITES: Postage -paid cards wer distributed across the Peninsula to allow the public to help compile working list of sites that may need action. More than 50 potential problems have been identified through the cards, interviews and telephone tips. Information: Jim Hayden, DEC Anchorage, 563-6529; Lester Leatherberry, DEC Soldotna, 262-5210. - MOOD PRODUCTION FACILITY: An asphalt plant at the has processed nearly 5,000 cubic yards of oil -contaminated soil. The cleanup of contaminated soil should be finished this month, but the project, with asphalt to be made from processed contaminated soil, will not be completed until spring. The company has shipped more than 600 bags (6,000 pounds each) of contaminated dust to a disposal site Outside. A compliance agreement for site closure and long-term monitoring has been drafted. Informations Don Seagren, DEC Soldotna, 262-5210. ANCHOR POINT BENZENE: A vapor extraction system was tested at the site, and was found to work well in pulling spilled gasoline from the soil. Exploratory water well drilling, part of DECls Village Safe Water programs alternative water supply feasibility study, was completed on October 28. Eight wells were drilled. One yielded a significant amount of water, about 30 gallons per minute, in preliminary pump testing. An extended constant -rate pump test completed on November 10 showed water flowing at about 25 gallons per minute. The study is an attempt to find alternative water supplies for homes and businesses whose wells were affected by the spill. A public meeting DEC had hoped to hold this month will be moved back tor! December to allow DEC to analyze the data and prepare recommendations. - Information: Brad Hahn, DEC Anchorage, 563-65291 Paul Horwath, DEC Soldotna, 26a-521o.., .,. "ARNESS OUTAGE DISPOSAL: Tests have revealed the contents of about;:30 barrels found on the site to be thick crude oil residue. The residue will be recycled into fuel oil. The tests also showed �•{f petroleum contamination of, some soil. DEC is developing a plan for on - ;..:,;;;site remediation. Further sampling and testing of groundwater is being done this month. Information: Al Kegler, DEC Juneau, 789-3151; Lester atherberry, DEC Soldotna, 262-5210. a7R :..:..' :•:`.'�- COASTAL DRILLING: Some exploratory excavation and sampling were ;done in October. Preliminary results indicate the presence of oil waste —-'contamination. contamination. The site is an old waste and scra • _, , p pit used by the oil , ..':industry. The owners of the site have left, and the Federal Savings and ''''''Loan Insurance Corp. is cooperating with DEC in the investigation. '2tsformations Max Schwenne, DEC Anchorage, 563-6529; Lester Leatherberry, DEC Soldotna, 262-5210. CONSTRUCTION . SERVICES:_ _ Soil_ _ and water _ samples were taken_ dur i n October. There have been reports that oil or solvents have been discharged at the site. Test results are being evaluated. Information: Y Doug Lockwood, DEC Soldotna, 262-5210. L OR I KENAI PENINSUrA DRUM SITES: DEC has begun the notification of owners and cleanup process for a seven high -priority sites where drums possibly containing oil or other substances appear to have been abandoned or stared improperly. The owners of the sites have been instructed to secure the barrels to prevent any further damage. The sites: Corner o Lou MorgAn and,Tallarico roads (Scout Lake area), 25 drums of waste ot-1 and unknown substances. .Randeleo Una (Scout Lake area), 14 drums of waste oil and unknowns. .-Igort Lake Road (peninsula Green House), 12 drums of waste oil and unknowns, some pesticides. Granite Point,. g1d power plant, 16 drums of waste oil. Sampling has produced no evidence of PCBs. Granite Point. southwest of Tvonek, 15 drums, unknown contents. Mile„�,. Btsur High av, 25.drums of unknown chemicals. Seward. Clear Creek area, containers of unknown materials; pesticides are a possibility. information: Doug Lockwood, DEC Soldotna, 262-5210. - NIEIBKI AIR MONITORING: Equipment was installed and the monitoring program began in Mid -October. DEC is sampling for Nitric oxide, particulate matter, and sulphur dioxide. Testing of ammonia levels will follow. An open house at the monitoring station was held on the last Saturday in October. Information: Ian Verrelli, DEC Juneau, 465-2666; Laster Leatherberry, DEC Soldotna, 262-5210. • - NORTH FORK ROAD INMTIGATION: The suspect service station _ cesspool system at the site was excavated in late October, and evidence of waste oil and other garage -type wastes was seen. samples were taken and sent to DEC's lab for analysis. The waste oil and other products reportedly were drained into the cesspool for some time. Information: Doug Lockwood, DEC Soldotna, 262-5210. - NORTH KENAI ROAD MILE 22.5 SPILL: Two monitoring wells and several soil gas probes were installed in an effort to determine the source of gasoline contamination that has affected a private well. Significant gasoline contamination was found at the water table. Initial indications are that the contamination originated from an old gasoline service station. Information: Brad Hahn, DEC Anchorage, 563- 65291 Jane Tonkin, DEC Soldotna, 262-5210. POPPY LANE PIT: The final digging and sampling in the pit took place in October, as the last buried metal was excavated, triple - rinsed, and disposed of in the Soldotna landfill. Test results so far show contaminants associated with oil drilling and production. informations Randy Nicklas, DEC Soldotna, 262-5210. RIDGEWAY SERVICE STATION: After removal for testing at Anchor Point, the soil vapor extraction system has been reinstalled. Recently the system has pulled more than a gallon a day of gasoline from the soil, for a total - of about 350-gallons. DEC is working on criteria --to determine when the system should be shut down. Information: Brad Hahn, DEC Anchorage, 563-65291 Lester Leatherberry,- DEC Soldotna, 262-5210. y: f1 I' d, - SECTION 14 DUMP SITE: Monitoring wells were drilled and soil samples taken at the now -closed dump in early October. DEC is awaiting laboratory results. Information: Doug Lockwood, DEC Soldotna, 262-5210. r1 - SILVERTIP STORAGE YARD: DEC is. "![waiting notice from the Environmental Protection Agency that it hkks put out a public notice and fact sheet on the site. An EPA public learinq probably will be set for January. The hearing will be held either in Kenai or Nikiski, and may be preceded by a public meeting to answer questions about both the Silvertip and Tesoro pits. DEC will oversee the cleanup and make a final inspection when the project is finished. The site formerly held almost 250 barrels containing various substances. Some of the drums had leaked before they were removed. Information: Lester Leatherberry, DEC Soldotna, 262-5210. STERLING HIGHWAY MILE 81 SPILL: Three soil borings have been drilled, and a monitoring well and several soil gas probes have been u� installed to try to find the source of gasoline contamination in nearby residential and commercial wells. Preliminary results indicate only limited soil contamination and no groundwater contamination at a nearby gasoline station. A final report is due in early December. Information: Brad Hahn, DEC Anchorage, 563-6529; Jane Tonkin, DEC Soldotna, 262-5210. - SWANSON RIVER PCBs: DEC continues, with the federal Environmental Protection Agency and Fish and Wildlife Service, to oversee the decontamination of soil tainted by PCBs. The PCBs are being removed from contaminated soil by burning in a special incinerator. During October, two notices of violation were issued to: Ogden Environmental, the contractor cleaning up the PCBs, for a pair ...�. of small oil spills. The spills were cleaned up. Information: Doug Lockwood, DEC Soldotna, 262-5210. - TMOM MEET FUEL SPILL: A soil gas survey was conducted to determine the extent of gasoline contamination. Preliminary results '..j� indicate the plume of groundwater contaminated by gasoline may be ,,i,,•migratinq away from an adjacent lake. Information: Brad Hahn, DEC 563-6529; Jane Tonkin, DEC Soldotna, 262-5210. TESORO BENZENE PROBLEM: Work continues on cleanup of ntaminated soil and water at the Tesoro refinery. The contamination ears to result from a number of sources, including a new spill ' :discovered in October in the sales tank area. Tesoro is working on a an for cleanup, for review by DEC. Wells installed earlier continue -to draw benzene and'contaminated water from the ground. - TOWN AND COUNTRY SEPTAGE: DEC is evaluating samples taken earlier in the fail to determine what substances are present at the facility. Substances other than septage may have been discharged there i over the years. Results are expected before the and of November. Information: Don Seagren, DEC Soldotna, 262-5210. L L 07 i-, .: — ll .a . A 1 - UNOCAL GAOUNDWATERs DEC and UNOCAL are working out the details of a site characterization plan, which should be completed soon. The characterization is to be carried out in the spring. There is evidence of heavy ammonia contamination of soil and groundwater at the UNOCAL facility. Information: Paul Horwath, DEC Soldotna, 262-5210. 1INAI CLEANUP Ch1ZMDAR EARLY N0%1=ER state certification for a wastewater permit for the Chevron refine py should be issued soon. Issuance was delayed because of Chevronts concerns about some proposed stipulations. DEC expects these differences to be resolved shortly. Chevron wants to renew its permit to discharge associated wastewater into Cook inlet. For more informations Julie Howe, DEC Anchorage, 563-6529. Wastewater permit renewal for NonlM��_ l�um A= septage facility should be issued shortly. Public comment on the renewal closed in October. For more informations Julie Howe, DEC Anchorage, 563-6529. The GLU of e_r has requested permission to bypass a portion of its wastewater disposal facility for 15 weeks next summer, to allow construction of a new system. DEC has asked for clarification of some issues, and a decision is expected soon. For more informations Julie Howe, DEC Anchorage, 563- 6529. NOVEMBE[t 22 Scheduled trial date in Kenai District Court for Seafoods from Alaska ins._ on misdemeanor charges alleging the discharge of non - domestic wastewater into the Kenai River without a permit, and the unpermitted construction of a wastewater outfall line. The company has pleaded not guilty to the charges. For more informations Don Seagren, DEC Soldotna, 262-5210. DECEI�IDBR 6 The Environme toi protection Aancv will hold a public meeting to report on the Swanson RjyA PC9 aieanuo. The meeting will be held from 8-2�9- 1jj6 in the Frances Brymer Conference Rooms in the gqXgug Anilding in Soldotna. In addition to Doug Johnson of EPA, Lester Leatherberry, Jon Sandstedt, and Rob Walpman, all from DEC, and Jon Wilson from the U.S. Fish and Wildlife Service are ` expected to attend. DECEMBER 13 EPA will conduct a public meeting to explain new regulations for underground et=ge tanks. The regulations become effective on December 22..The meeting -will be held from 7-9 g.m. in the eorouah Assembly Chambers in Soldotna. m • DECEKUR A public meeting will be held in Anchor Point to explain DEC's progress in finding a new source of drinking water for local homes and businesses with wells contaminated by iotentially hazardous levels of benzene. For more nformations Brad Hahn, DEC Anchorage, 563-6529, or Paul Horwath, DEC Soldctna, 262-5210. PENDING SOLID WASTE PERMITS DEC has several solid waste permit renewal applications under review. Although public notice is not required for renewals, Oublic comment is welcome. Renewal applications are under review for the Borer landfill, the Seward landgL , and the Trading 8av oil=�tt -JUM. For more information: Henry Friedman, DEC Anchorage, 563-6529. PENDING AIR QVALM CDMTROL PMUT I Tnuteee ter l►la■frs has asked for an ad judicatory hearing on a - DEC air quality control operating permit allowing 12SM to use { two new, qas-fired turbines at its Nikiski rsfins Xt Trustees questioned whether DEC had followed state law regarding Tesoro's application, and whether some of the figures cited wire accurate. For more information: Bill HacClarence, DEC Anchorage, 563-6529: Lester Leatherberry, DEC Soldotna, 262-5210. ton \LTY ror.,_1.-: �a.w1 �N1Mu m1a . •.. ., � M11w��,AU1b��q MR. JOHN J. WILLIAMS, MAYOR 210 FIDALGO KENAI, AK 99611 L L • Vp. 'n t r .rN6-S' Alaska Power Authority State of Alaska Date: November 23, 1988 To: Distribution Jv„" From: Richard Emermanf fA0 Senior Economist Alaska Power Authority Subject: Review of Draft Report -- Long -Term Forecast of Electricity Demand in the Railbelt The Alaska Power Authority is presently studying the feasibility of certain electrical transmission projects in the Railbelt, including improvement of the connection between Anchorage and Fairbanks and between Anchorage and the Kenai Peninsula. Our policy 1s to distribute draft reports prepared in conjunction with such studies to affected utilities, local governments, state and federal agencies, public land managers, and other interested parties for review and comment. Enclosed is a draft report presenting long-term forecasts of electricity demand prepared for this study by the Institute of Social and Economic Research at the University of Alaska. The forecasts have been developed for each significant electrical end -use category, and are specified for each of four Railbelt areas: the Kenai Peninsula, the Anchorage area, the Matanuska- Susitna Valley area, and the Fairbanks area. You are invited to review the report and send us your comments at the following address: Alaska Power Authority Attn: Richard Emerman P.O. Box 190869 Anchorage, Alaska 99519-0869 All written comments received by the Power Authority no later than December 23, 1988, will be included within an appendix to the final report. Enclosure stated ale r_ P.O. Box AM Juneau, Alaska 99841 (907) 465.3578 P.O. Box 490869 701 East Tudor Road Anchorage Alaska 99519.0869 (907) 561.7877 4354/916(1) 0 Shell Westem E&P Inc :Z::N 130 Trading Bay, Suite 310 Kenai, Alaska 99611 (907) 283.3096 NOVEMBER 21, 1988 J. Amundsen - Unocal T. Take - State of Alaska C. Volkle - AVTEC S3 r D. Drury - Alyeska Pipeline Service Company `8 S. Brown - Tesoro Alaska Petroleum Company C. Coonce - ARCO Alaska, Inc. S. Phipps - Shell Western E$P Inc. GZ�.�� A. McComsey - Fire Control Systems D. Steffy - MAPTS Gentlemen: SUBJECT: KENAI FIRE GROUNDS DESIGN COMMITTEE MEETING There will be a Kenai Fire Grounds Design Committee meeting on Monday, November 28, 1988, beginning at 9:00 a.m., at the Kenai Community Library. The library is located at 163 Main Street Loop, next to the courthouse building. Your ideas, designs, and comments will be most appreciated. If you have any questions, please call me at 283-3096. Very truly yours, " '44 AA ne .J. Sr. Safety Technician Alaska Division AJC/mei cc: J.J. Williams - Mayor, -City of Kenai Steve Force - ARCO Alaska, Inc. S. Dornan - ARCO Alaska, Inc. B. Harris - Nikiski Fire Department M.F. Brasic - Amoco Production Company 1. t. . is � 1 L J. Amundsen Shawn Brown Unocal Tesoro Alaska Petroleum Company Box 575 P.O. Box 3690 Kenai, Alaska 99611 Kenai, Alaska 99611 283-7505 776-8191 Clay Coonce Tom Take ARCO Alaska, Inc. Fire Service Training P.O. Box 1410 State of Alaska Kenai, Alaska 99611 1140 Airport Heights 283-7147 Anchorage, Alaska 99508 272-8023 Chris Volkle Steve Phipps AVTEC Shell Western E&P Inc. Box 889 130 Trading Bay, Suite 310 Seward, Alaska 99664 Kenai. Alaska 99611 224-3322 283-3096 Art McComsey David Drury Fire Control Systems Alyeska Pipeline Service Company P.O. Box 4150 P.O. Box 300 Kenai, Alaska 99611 Valdez, Alaska 99686 283-7518 835-6579 (work) 835-4230 (home) Steve Force Scott Dornan ARCO Alaska, Inc. ARCO Alaska, Inc. P.O. Box 100360 P.O. Box 100360 Anchorage, Alaska 99510 Anchorage, Alaska 99510 263-4863 659-5601 John J. Williams, Mayor Billy Harris City of Kenai Assistant Chief 210 Fidalgo Nikiski Fire Department Kenai, Alaska 99611 Box 8508 283-3104 Nikiski, Alaska 99635 283-4202 M.F. Brasic Dennis Steffy Sr.Safety Engineer MAPTS Amoco Production Co. University of Alaska P.O. Box 100779 4640 Old Seward Highway, Suite 201 Anchorage, Alaska 99510 Anchorage, Alaska 99503 r) `5T j Y 1 INSIDE WASHINGTON N i- V ` O NATaT Makes itself Heard By Kim Beury e best thing Congress could do for small town America "We have a situation where Congress writes the law and tells TIhat s restore revenue sharing. The next best thing is demand - the federal agency to write a regulation. The regulation gets federal agencies keep small towns in mind when they written as if everybody is a big city. Well, in the area of the en- w to regulations and not gear them only to big citiesr, vironment, we could potentially be facing a disaster ... Con - "It's as if all regulations are written as if all governments are gress tells EPA (U.S. Environmental Protection Agency) to do for a city of 500,000." says Jeff Schiff, National Towns and something about hazardous waste. EPA writes unrealistic reg. Townships Association (NATaT) executive director, a aoints ulations, wipes its hands and says 'We've handled that prob- out that of the 99.000 local ovemments in America - + lem.' cen serve ass an e' "But at the local level, these small communities don't have 99, govern o u at ons o ass . '+� the wherewithal to implement the regulations. That doesn't e y mem era o aT. representing local gov- mean we don't want to; it means the rags are out of sync with ernments throughout the United States, recently traveled to the reality of small towns." Schiff says. Washington, D.C.. to sound the voices of small-town Amer- NATaT President David Russell emphasizes the point. "A Ica, regulation that is impossible to deal with is an unenforceable NATaT's ninth annual, three-day conference brought to- and wasted regulation. Government regulations should be gether local officials who are concerned that. "It's not easy to written so that small localities can comgply with act law.encan the get the federal government ges to focus on the fact that when they say state and lo- cal governments. they're really speaking to thou- sands and thousands of governments that have less than 1.000 people," ac- cording to NATaT Director of Federal Affairs Anne Colo. "As an association, our mission is to get Washing- ton to realize that when the federal government cuts funds, increases responsi- bilities of local govern- ments and issues regula- tions, the majority of gov- ernments in the country don't have the things we assume that a larger com- munity has: staff, city manager, computers, staff attorneys and all this other stuff that puts a community in a better place to help itself." Schiff says. In Washington, NATAT provides specific guidelines for fed- eral policy -makers to develop realistic, flexible and responsible programs and policies enabling local governments to play the role assigned to them by the federal government. Accordingly, attendees spent much of the conference focus- ing on regulatory -flexibility, the issue they brought to the- ac. tention of members of Congress during their march on Capitol Hill. R i 1980, re- quires all federal agencies that write regulations affecting -small governments to consider the differing abilities large and small governments have in tending to national goals. Further, the act requires agencies to complete an initial and final report proving tocwerements have th htd- here to t e rules whe nubli ne Any nronosed re ulntions. Schiff says demanding that federal agencies observe the reg- ulatory flexibility act "would be the next best thing Congress do for us, short of restoring revenue sharing."' Giving a scenario of how regulatory flexibility would benefit local governments. Schiff explained during the conference, agencies to do just that." Russell says. EPA Administrator Lee Thomas, who says he em- pathizes with the plight of small governments in this "Regulation age of new federalism, has are out of s ne outlined action his admin- i� istration will take to assist with the reality those governments. ,,You will we a continu- of small towns. se lug number of standards established by EPA over the next several years," Thomas says. "I'm in- creasingly concerned that many (small-town govern- ments) are going to say, 'It's not that I don't want to (implement EPA direc- tives), it's that I don't see Jeff ssch"I how it can be done."' 11 Thomas says the partner- ship between federal and local government could be strengthened. "Smaller communi- ties will face some of the toughest challenges as you look at the financing required to carry out the directives." he says. Each year, NATaT honors an individual with the Dave Dur• enberger Local Grass Roots Leadership Award. for innovative ideas to deal with increased responsibilities and regulations. Before presenting this year's award, Sen. Durenberger of Min. nesota-toldthe delegates, "Coming here is very important ... NATaT is all about making the federal system work. "A good government can only work uniquely when the part- nership between the federal, state and local governments works most effectively. It's one thing to say, like we've said the past eight years, 'We're sending all the responsibility back home where it belongs, where you can do it more effectively; but if the resources are not there, human resources are there. They're in the room today ... if the finances aren't there, you have a problem ... when we celebrate public service ... we really are celebrating creative imagination..." ❑ J Kim Beury it the Washington correspondent for American City & County. 7 t =Nr=d-It CITY OF elm &"„ 210 FIDALOO KENAI, ALASKA 9fM11 TELEPHONE 293.7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO I &PMNITTEES AND COMMISSIONS NAME - Resident of City of Kenai?"ice_ How long? L Mailing Address cif �� �i ✓,;r �•" Tel.'s Bus. Address �,'r:-yew—�--- Tel. Presently employed by t Job Title/ - Name of Spouee Current membership in organizations: Past organizational membership: Committees interested ins 5 gna ure 1 Wm. J. Nelson& associates B1 f 815 RCIA1 GD. SUITE eO4 KENAI. A ; November 9; 1988 Keith Kornelis Director of Public Works 210 Fidaleoai. Kenai, Alaska 99611' Res Kenai Float Plane Facility Dear Mr. Kornelis, Attached is a copy of Pay Estimate No. 8 signed by myself and by the Contractor. This Pay Estimate includes payment for the paving accomplished under Change Order No.3, Resetting of fencing along Float Plane Road, south of Fourth Avenue, and other miscelleaneous items of work under the contract. Please note that as we discussed, payment for paving approaches is included under Additive Alternate Bid Item 40.02 at a reduced rate that was negotiated per your instructions. A calculation sheet is included as a means of clarification. A calculation sheet is also included to clarify "in kind" work on the fencing at various locations on the project that was paid for under item 70.14 on Additive Alternate No. 1. There are some remaining items of work that have not been paid, specificly Topsoil and Seeding along Float Plane Road. These items were not satisfactorily completed prior to winter shutdown of the project. I am also concerned that the seeding on the basic bid, which is amounts to $45912, may not have been sufficiently established prior to freeze up. We will monitor the progress of the seeding next spring. In the meantime it is my recommendation that the 5% retainage be held to cover the cost of reseeding and/or refertilizing if it is necessary to do so next spring. Sincerely, oe J. Nelson, PE i Attachment P.119.0 1 or P A Y ESTIMATE CITY OF KENAI tf 1987 FLOAT PLANE FACILITY IMPROVEMENTS Project KENAI MUNICIPAL AIRPORT Contractor DOYLE CONSTRUCTION T Address 'Route I-, gait 1225 KPNAT&-ALASK-A- 994AI Project No. Phone 907/776 -8552 Period From to At ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE of Original contract amount $847,275.01 2-.=j92Q, Not change by change orders Adjusted contract amount to date /02 2- 2MYZ — I ANALYSIS OF WORK CO!IPLrTED Original contract"i4brk completed 05 Additions from change orders completed oG Materials stored at close of period (D Total earned(Z)(D+ + 0, oa o2• Loss retainage of Percent' Sri e-10- V. 77- OTotal earned less rvtnLnagc(D - 0- ess amount of previous P-1YIne"t", Balance due this paymclit r , ""I - y /VF-o -0 l KENAI PENINSULA BOROUGH d REGULAR ASSEMBLY MEETING MINUTES P.M. is NOVEMBER 1, 1988� 1t30 BOROUGH ADMINISTRATION BUILDING SOLDOTNA. ALASKA T,! A A. CALL TO ORDER n��§z 9r.s'V B. PLEDGE OF AXEGIANCE '. C. INVOCATION: Assemblymember McGshan 1 A. ROLL CALL 1 e E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMSERS F. APPROVAL OF MINUTES1 Reg. Mtg. Oct. 11 1966 1 Cos/Appv Bd. of Adj. Oct. i1' 18, 1988 1 Approved . = - -- -- 0. COMMITTEE REPORTS' (a) Finance (Chr. Crawford. V.C. Carey. Glick, Nash, Walli) 1 O'Connell, W Local Affairs/Leg (Chr. Skogstad, V.C. Mullen, 1 Glick, McGahan. O'Connell, Poindexter) (c) Public Works/Edue. (Chr. McLane. V.C. Moock, Brown, Hodgins, NeGahan, Skogstad, Keene) i -- K. MOTIONS TO RECONSIDER ` I. AGENDA APPROVAL AND CONSENT AGENDA 2 J. ORDINANCE HEARINGS (a) Ord. 88-39 "Adopting a Community Use Plan for f2R21 Pon nsula Borough Lands in the Area of - Sunrise" (Mayor) 2 Enacted (b) Ord. 86-40 "Revising the Sales Tax Ordinance" 2 Petpnd a es Tax Coto.) P.p.- 12/6 - (c) Ord. 88-41 "Appropriating $40,0O0 to the Plan- a ngg a artment for Feasibilityy Studies of Post Facilities in the Port Graham J1rea" (Crawford) 3 Enacted . K. INTRODUCTION OF ORDINANCES Ord. 88-45 "Repealing Chapter 21.12 of the oro$ malgtGod6, the Noxious, Injurious. or Hasar- W/Drawn by sponsor dous Uses Ordinance" (Skogstad) ri (a) Ord. 88-46 "Accepting and Appropriating a Grant 0epartment of Education Tram a Ttate of Alaska for Construction of the Seward Elementary School" . (Mayor) S Set grog _ (b) Ord. 88-47 "Accepting and A pro rioting an Addi- ono aT ,600 in Grant Fund a$ or the Emergency ,a Services Division" (Mayor) S Set Brag .. , (e) Ord. 88-48 "Ap ropriating $50,000 from the Unde- gna a and alanee of the Kalifornsky Fire (= • � Service Area for Equipment Purchases"(Mayor. Req . KPSA Board) S Set ttrng L. CONSIDERATION OF RESOLUTIONS _..: " (a) Res. 88-87 "Authorizing the Disposal of Borough Outdated Scheduled for --- - - - -= - - eeoR—' r� us Q nLch are and Disposal Under- the Borough's Records Management - 6 Adopted --_-__.-- { System" (Mayor) t; 1 Page No. (b) Res. 88-69 "Supporting Legislation Providing for , a ore quitable Distribution of the fisheries ,. Business Tax Revenue Distributed by the State to Local Governments" (Mayor, request of cities) 6 Tabled (e) Res. 88-90 "Authorizing the Mayor to Enter Into •got at one to Sell Land to Atlantic Richfield Company for the Purpose of Establishing a Con- solidated Drill Mud Waste Disposal Sit* in the Beluga Area" (Mayor) 7 Adopted M. PENDING LEGISLATION (This item lists legislation which will be addressed_.w at a later time as noted) - (a) Ord. 88-27(Rovieed) "Amending KPB Title 21 to ; Add a New Chapter 200 Pertaining to the Burial, - Dumping; Transporting, Storage Incineration, or oOther Disposal of Potentially Harmful, Toxic or Hazardous Waste Materials, and Amending KPB 10.10 Pertaining to the Waste Dispposal Com fis- sion" (Nash) REFERRED TO P.C./ASSF(. TASK FORCE (b) Ord. 68-33 "Appropriating Funds for the Waste 88s27s(Revised)"i(Nash)aTABLEDdP96. Ordinance /PCnTF (a) Ord. 86-34 "Amending the Kensi Peninsula Borough Property Tax Code" (Glick) SET HEARING 11/15/88 1 (d) Ord. 88-42 "Enacting Code Provisions to Allow Community Councils to Be Established" (McGshan) SET HEARING NOVEMBER 15. 1988 (a) Ord. 88-43 "Repealing Chapter 5.24 of the Bow- ough Code, Contract Procedures, which is Super - ceded By a New Borough Purchasing Code" (Mayor) SET HEARING NOVEMBER 15, 1988 (f) Ord. 86-44 "Amending KPB 17.04.170 To Eliminata the Requirement of Voter Ratification of Certain Disposals of Real Property Valued at 82S 000 or Mora" (Mayor) SET HEARING NOVEMBER 1S, 1688 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (a) Presentation of the FY 81-88 Financial Report 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS i P. MAYORS REPORT Q. OTHER BUSINESS (a) Appointment to Central Peninsula Hospital Service Area Board 8 Approved (b) Change of location of liquor license. Moose Pass to Kalifonsky (Short Stop) 8 Postponed R. ASSEMBLY AND MAYOR'S COMMENTS S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT (November 15, 1988) L KENAI PENINSULA BOROUGH j REGULAR ASSEMBLY MEETING MINUTES NOVEMBER 1. 1988s 7s30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER The regular meeting of the assembly was called to order by Pros. j+t Jonathan W. Sewall at 700 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION i The invocation was given by Assembly member Xaran Mahon- D. ROLL CALL PRESENTS Assemblymembere Brown, Crawford, Glick, Hodsins. Keane, McGehan. McLane. Meack, Mullen, Nash, 0 Connell , Poindexter. Sewall, Skogstads Mayor Gilman, Asst. Atty. Reeves, Planning Director Feaner, Borough Clerk Brindley { EXCUSEDs Assemblymembers Valli and Carey *arrived late E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS i F. APPROVAL OF MINUTES Mrs. MCCahan noted corrections to pages 3 and 10 and the Regular Meeting minutes of Oct. 11, 1989 were approved as corrected. The minutes of the Board of Adjustment of October 11 and 18. 1986 were approved as written. G. COMMITTEE REPORTS ` Pros. Sewall announced minor changes that had been made in committee assignments, stating Mr. Mullen would be tracking legislative items for the Local Affairs Committee and Mrs. Mooek will be assigned education items of the Public Works Committee. He believed the larger committees, rather than additional committees had worked well. In reference to the seating changes. he stated there was no devious intent and hoped everyone was happy with changes made. (a) Finance (Chr. Crawford, V.C. Carey, Click, O'Connell, Nash, Valli) Mr. Crawford reported the co®ittee met and discussed agenda items. He also announced that on December 6 at 500 p.m. the Financial Report and Management Letter would be presented by Price Waterhouse } with discussion by Mr. Kinney for benefit of never members. ASSEMBLYMEMMBER CRAWFORD MOVED TO ACKNOWLEDGE RECEIPT OF THE FINANCIAL. REPORT FOR FY1987-88 WITH THE EXCEPTION OF THE BEAR CREEK TIRE l SERVICE AREA AUDIT REPORT. MOTION WAS APPROVED BY UNANIMOUS CONSENT- (b) Local Affairs/Log (Chr. Skogstsd, V.C. Mullen, Glick, McGshan, O'Connell, Poindexter) MrSkogstad reported the committee discussed agenda items and the 1 priority list. i (a) Public Works/Educ. (Chr. McLane. V.C. Maack. Brown, Modgins, McCahan. Skogstad. Keane) Mr. McLane reported the eommittes discussed the road priority ` program, noting receipt of a report showing $30,000 in the road { account. He stated a -resolution -will be prepared -to- utilise these - -- -�--_- --- -- -------------- leftover funds, noting the importance of state grants to accomplish needed improvements. a stated the committee will meet at 4 p.m. on Decombor 6 in deference to the fivancs meeting. . I KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF NOVEMBER 2. 1988 H. MOTIONS TO RECONSIDER I. AGENDA APPROVAL AND CONSENT AGENDA ASSEMBLYMEMBER BROWN MOVED THE ADDITION OF RES. 88-91 TO THE AGENDA. Mr. Brown stated a similar resolution was being passed in the Mat -Su Borough and in Anchorage to support with funding of an independent study the addition of marine transportation oL some type between Anchorage. the Kenai Peninsula and the Mat -Su Borough. Assemblymembers expressed the need to have public knowledge and participation on the resolution. i THE MOTION FAILED BY A VOTE OF 4 YES, 9 NOe YESc Glick, McGahan, Brown, Nash NOS Skogetad. Poindexter. Hodgins, Maack, McLane. Mullen. O'Connell. Sewall, Keene , Mr. Skogetad requested the removal, as sponsor, of Ord. 88-45 from i the agenda. He stated the request for the ordinance was a reaction to problems raised in the recent Board of Adjustment appeal. On i further thought, however. he decided it was more appropriate to allow ` the Assembly/Planning Commission Task Force complete its work before repeal of the existing KPB 21.12. There was discussion as to whether an item could be removed from an advertised agenda without a vote and Mr. Reeves stated until the agenda is approved by the assembly it is tentative and a sponsor of legislation did have the authority to withdraw it without a vote. The agenda was approved as amended without objection. *Mr. O'Connell arrived. j J. ORDINANCE HEARINGS (a) Ord. 88-39 "Adopting a Community Use Plan for Kenal Peninsula Borough Lands in the Area of Sunrise" (Mayor) ASSEMBLYMENER SROGSTAD MOVED THE ENACTMENT OF ORD. 88-39. Mr. Skogetad reported the Local Affairs Cmte. had a unanimous "do pass" for the ordinance. Public hearing was opened and as no one wished to speak was closed. ORD. 88-39 WAS ENACTED BY UNANIMOUS CONSENT. (b) Ord. 88-40 "Revising the Sales Tax Ordinance" a e- ax Cate . ) ASSEMBLYMEMBER MOOCK MOVED THE ENACTMENT OF ORD. 88-40. Mr. Crawford stated the Finance Cmte. recommended amendment to the substitute and postponement. Mrs. Maack reported many of the changes adopted by the co®ittes were not in the original Ord. 88-40 so a substitute was prepared. Pre@. Sewall opened public hearing. Tim Cashman; Soldotna, his concern was with lodging - @ervicas for s Perloo or Lbas than 30 days. He stated he agreed with the intent of the ordinance but believed much of the summer tourist lodging could be exempt through easy manipulation of the word of the ordinance.- He - suggested rather than sales tax on lodging, Levy a bad tax. He supported generating additional revenues so that the year around rentals could be exempt. In regard to changes in the sales tax -2- n LIN A KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF NOVEMBER 2. 1988 ceiling, he noted tourist package$ were presently being sold on the baais of the old ordinance and he felt guides should be advised of the change. Mrs. Meoahan asked Mr. Cashman to take a copy of the ordinance and sketch in the alternatives he proposed. in answer to questions from the Mayor, Mr. Cashman stated he felt very strongly that tourist dollars coming into the community should be taxed. He reported he deals with a lot of guides and tourist$ who need lodging and is convinced a lot of revenue is being lost which could be cutting down some of the tax burden for the year around residents. Via concern was for the small income people who could not afford to own their own homes. He offered to meet with the committee to work on such a program. Public hearing was closed. ASSENSLYMEMBER MOOCH MOVED TO AMEND TO ORD. 88-40 SUBSTITUTE. THERE WAS NO OBJECTION. ASSENBLYMEMBER MOOC1( MOVED TO POSTPONE ORD. 88-40(SBST) AND EXTEND PUBLIC HEARING UNTIL DECEMBER 6, 1988. MOTION WAS APPROVED BY UNANIMOUS CONSENT. (c) nr gipp-ale ,ne !or Fiiiibiliey Studiis oflPoet facilities in the Port Graham Area" (Crawford) ASSEMBLYMEMBER CRAWPORD MOVED THE ENACTMENT Of ORD. 86-41. Mr. Crawford reported the finance Cmte. had a "do pass" recommendation. Mr. Skogstad reported Local Affairs Cate. discussed the ordinance and it opted not to make a recommendation. Mr. McLane reported the Public Works Cmte. discussed the ordinance briefly and had a "do pass" recommendation on a split vote. He noted the borough commitment is for planning purposes only and not construction and maintenance funding. Mr. Hodgins reported persons present from the Economic Development District that could answer questions raised during the committee meeting. Public hearing was opened and as no one wished to speak, was closed. Shelly Edwards. of Economic Development District, and Bill Wasson, c orage, owner of Native Alaskan Seafoods and consultan or ort Graham, were available to answer questions. Me. Edwards stated the Village of Port Graham is requesting the Borough commit to fund half the cost of the feasibility study for the proposed breakwater. The cost has not yet been estabiishedi the Corps of Engineers is involved in a reconnaisance study which will establish that cost. She stated the Port Graham dock is privately owned and the Corps of Engineers requires a local municipal sponsor. As to references to a four year construction phase in the backup material, she stated after the feasibility study, if it is deemed a project that should be built, the Borough might be asked if it would like to participate. Mr. Wasson, who prepared a cost estimate which was backup information for the ordinance, answered questions from Mrs. McGahaa by stating he purposely did not send a copy of the estimate to the Corps of --gngineers becausehe - _wanted to go over it with the Village and Borough before doing that. He stated the figures were only to show that over the course of the project there would be a requirement for local cost_shars• Part of the cost could be an in kind contribution of gravel. He believed it was -unclear exactly what- the borough's port powers were. The Village corporation currently owns the -3- II 1 • y i KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF NOVEMBER 2, 1988 -- � I ` processing plant and leases it to Chugach Alaska Fisheries. The plan is to dead property adjoining the cannery to the village council for a dock. He stated the cannery baeically(') ! construction of public provides coammnnity services because of the lack of them from a public - antiey at this time. Although the village does not want to incorporate as a municipality they would be willing to consider forming for , a service area related to infrastructure fisheries and docks. He stated the Corps' procedure is to respond to a request by ggoing to the most local municipal entity for support and funding and !� if funding was not available from the borough, they would then going to the state for funding would be a logical evolution of the process. (. Mr. Wasson stated in addition that there are two projects ongoing. both at the study stage at this point. There is no commitment from any sector to do construction but the commitment to study is critical in relation to the long term capital improvement of the community. Mayor Gilman, in answer to a question from Mr. Brain. stated that I , - requests -from areas outside borough& are channeled from the Corps to 1 - - the seats, but where the area is inside a municipality, it gets the request. He stated the difference between this request and that of ., one from Ninilchik is that the facilities built there were construct- ed by the Corps of Engineers in conjunction with the state in the 196Os. If the had formation Borough, early request come after of the the state probably would not have gotten involved with it. The !; situation in Port Graham is different in that the dock is privately owned and the proposal is to build a breakwater which will provide a for dock. Safe mooring place to vessels, protection the existiag and i a public facility which could support the ferry system. He stated the request from Ninilchik came as a result of the vote to approve authosow rs, seen s an opportunity to got Borough funding, but the ncl I f� ASSEMBLYMEMBER NASH MOVED TO ADD "PUBLIC" BEFORE "PORT" IN THE TITLE, 3rd WHEREAS CLAUSE AND SECTION 1. MOTION WAS APPROVED BY UNANIMOUS CONSENT. h Mr. Crawford stated in any given year there has been the amount i reQussted or more derived from the fish tax from that area. The only services provided are schools and solid waste. He stated without these needed improvements there is a good chance Chugach Alaska will mow out and those revenues will be lost. Mr. Mullen commented part of the key to the Success of the plan is to i t keep an essentially private company in the area for the economic j benefit to the community. ! Pros. Sewall passed the gavel to Vice Pres. McGahsa in order to comment in support of the ordinance. He believed the molding of the public and private sectors is Something to be considered more and more. While opposed to situations where the State has tried to j - falsely subsidize the sport economic entities and lost money. He was concerned that the project not be found feasible only through the continued infusion of large amounts of public money, but joint ventures of public and private funds are going to be increasingly in The gavel was returned. ! In response to questions from Mr. O'Connell. Mr. Wasson stated Chugach Alaska Fisheries is owned by Chugach Natives, Anchorage, as William regional corporation for Prince Sound area which includes Port Graham and En lish Bay. in addition to this request for design of a breakwater, there is a request to the state for construction of • a public dock to be owned by the state and the village council. The --------- --- --------------. - village council is able to obtain state and federal grants -to -provide - - - - services for the community as a public entity, but not a municipal I entity. .4. j {yy d 1,• is i, 1.• t KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF NOVEMBER 2. 1988 f ' j{ Mr. Brown stated facilities have been built by the state which were resolution from the village council r not public and he requested a be _ stating the proposed facilities would public. FOLLONING FURTHER DISCUSSION, ASSEMBLYMEMBER POINDEXTER CALLED FOR THE QUESTION WHICH PASSED BY A VOTE OF 9 YES TO S NO$ Y961 Skogetad. Poindexter. Hodgins, Mooek, Mullen, Crawford. Glick. McGahan. Brown NOi McLane, O'Connell, Sewall, Keene. Nash ' .. ORD. 88-41 WAS ENACTED AS AMENDED BY 'A VOTE OF 13 YES TO 1 (O'Connell) NO. ' Free. Sewall called a 15 mint• recess. During the recess. Mr. O'Connell left the meeting. K. INTRODUCTION OF ORDINANCES (a) Ord 88-46 "Accepting and Appropriating a Grant - -.: - -- - - - - - r�`9i ti5tate of Alaska Department of Education for Construction of the Seward Elementary School" (Mayor) i ASSEMBLYMEMBER GLICK MOVED TO SET ORD. 68-46 FOR HEARING ON DECEMBER 6. 1988. Mr. Crawford reported the Finance Cmts- voted approval of the ordinance. _ Mrs. McOshan asked whether, with the left over bond funds being transferred to the Seward school, there would be funding for cleanup pro ecta on the two new high schools. Mayor Oilman stated the outy Skyview High School 8 project where there might be difficulty is with ecanse there was only 8134,000 left in that account and none of that was transferred. Thera have been a number of claims filed$ a proxi- -'' mately half a million has been reserved for litigation potential claims. There is $265.000 currently in the contingancy balance . available for cleanup contracts. He reported some of t • this s listed as potential cleanup contracts were not actually. but addl- tional item• desired. An example of a legitimate cleanup item is a 1 replacement water filter system for Nikiski High School. j ORD. 88-46 WAS SET FOR BEARING BY UNANIMOUS CONSENT. i (b) Ord. 88-47 "Accepting and Approppriating an Addi- Funding for the Emergency one ,600 in Grant Services Division" (Mayor) „ ASSEMBLYMEMBER GLICK MOVED TO SET ORD. 88-47 FOR HEARING ON DECEMBER 6. 1988. Mr. Crawford reported Finance Cmte. had a "do introduce" recommendation as funds are available in the service area budget. ORD. 88-47 WAS SET FOR HEARING BY UNANIMOUS CONSENT. .. •- (c) Ord. 88-48 "Appropriating $S0.000 from the Undo- ` s gnre—i aTuad Balance of the Kalifornsky Fire Service Area for Equipment Purchases" (Mayor. ..: Req. KFSA Board) 1 ASSEMBLYMEMBER GLICK MOVED TO SET ORD. 86-46 FOR HEARING ON MEMBER Y 6. 1988. I Ms. Crawford reported Finance Cmts. had a "do introduce" recommends - tion- Y ChiefhPostisbekKwas GMdynPostiah Dept , kad Heestatedf fosrmerlyira -- - - y service -area coordinator for a number of lire districts in the - -- _ - - - - - ---- t lT. t { � 1 y. BSI KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF NOVEMBER 2. 1988 Matanuska-Susitna Borough and is Vice Pres. of the Fire Chief's Association. Chief Postishek reported the ordinance is the culmination of a five week study by himself, Chief Willis and the service area board to identify needs. This will replace equipment that has been loaned from the Nikiski Fire Dept., now that funds have accumulated to purchase items required to outfit the new trucks. ORD. 86-48 WAS SET FOR HEARING BY UNANIMOUS CONSENT. L. CONSIDERATION OF RESOLUTIONS (a) Res. 88-67 "Authorizing the Disposal of Borough ecoti eds—Wh ch are Outdated and Scheduled for Disposal Under the Borough's Records Management System" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 88-87. Mr. Nash expressed concern for the retention schedule of election registration books. The clerk explained the lists are sent to Juneau for recording of voter history following the election and then reside at the Borough for 2 years. it appeared to be sufficient as there has been no request for them in the past. RES. 88-87 WAS ADOPTED BY UNANIMOUS CONSENT. (b) Res. 88-89 "Su porting Legislation Providin for a o"tI7re 8quttabla Distribution of the Fisheries Business Tax Revenue Distributed by the State to Local Governments" (Mayor, request of cities) ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 88-89. Mr. Crawford reported the Finance Cmte. first voted to Defeat, then to Table the resolution. He stated the fish tax is distributed quite differently throughout the state between the cities and the boroughs. The legislature last year amended the law to state the boroughs an distribute the funds to the cities and decided to wait to see What action the legislature took this year. Mr. McGahan •poke for defeat of the resolution as it represents a good amount og money which the borough needs. Pres. Sewall passed the gavel to Vice Pres. McGaban in order to state he would support a motion to Table, recognizing the cities of Kenai, Hooter and Seward have all adopted such a resolution. Ho agreed with the cities' assertion that they provide the majority of the services within their boundaries. The borough does provide some of the services fish processors use however. particularly the landfills. and funding for them must come from somewhere. He fait some considera- tion should be given to more equitably dividing the revenue but he could not support transferring the borough's share outright. The gavel was returned. Mr. Brown agreed with former comments and expressing his surprise there was no one representing the cities at the meeting. Mr. Nash noted the lose of a quarter of a mill would be significant and would have to be made up by some other form of tax. ASSEMBLYMEMBER GLICK MOVED TO TABLE RES. 88-89 AND THE MOTION WAS APPROVED BY A VOTE OF 11 YES TO 2 (Hodgins, McLane) 00. -6- - 1 -:-. A f : ;. KENAI PENINSULA BOROUGH REGULAR ASSEMBLY_ MEETING OF NOVE14BER 2. 1988 (c) Res. 88-90 "Authorizing the Mayor to Enter Into egot at ons to Sell Land to Atlantic Richfield Purpose Establishing a Con- '+, Cam ppany for the of Mud Waste Disposal Site in the solidated Drill Beluga Area" (Mayor) ASSEMBLyM MSF.R GLICK MOVED THE ADOPTION OF RES. 88.90. j Mrs. Meoshan pointed out a typographical error in the first "Whereas" clause. Mayor Gilman called attention to a second Memorandum of Understanding on the desk which was signed by Arco, Mr. Freeman and himself. The changes from the ons in the packet were substantial in one respect. - - �{ That is where, "By executing this Memorandum Arco does not concede and it does not presently have the right to conduct the permitted activity under the terms of its oil and gas lease." has been incor- lease has been in operation - - -- posat*d. He explained this oil and gas , for a long time in the Beluga area. The statutes rovids when a _ company has a lease from the state they have a righ� to antes and conduct "usual and customary activities" in the exploration, development and production of the resource. Whoa she resource is used up. the leases has to restore the land as close as possible to . original condition. Arco Ia attorney interpreted that to mean they could put a disposal site on the leased land. The borough attorney ' disputed that. The added sentence means that the argument Arco's attorney made has been set aside for this agreement but they may wish -- - to use it in the future. In Article 2 another sentence has been added. Arco will grant a road easement to Mr. Freeman across the northern portion of the proposed mud disposal site identified as Cell >. 4 on a survey Arco had done. He indicated on a plat map the area of the bluff where the disposal pit would be placed aad whew Mr. 4 Frogman's property is which would Lose its access with the sale of `^ the disposal sit* to Arco unless this provision was muds. ,_ _•..:.� � , I Mayor Gilman answered questions from Assembly members. reporting this � wall on it when area au an old land selection which had a producing _ doescomplicate tstadie�Colt fordril�matter.HefIt iewagimpornttohava ntra muds to be located in rather than a proliferation of dump sites. As 1 + to locating it on "prime bluff property". he stated just beyond that half mile of bluff property which was appropriate for such A pit, was miles of wetlands whicb could not be used. He reported three addi- it environmental questions had been answered when the ADEC permitwas issued. He tional wells would be drilled on the lease. He i:h* stated if the Borough was not agreeable to selling site for thia its lease Arco could store its waste maid ummptil the purpose, under lease was up in temporary pits. For a permanent, stable disposal. purchass of the land was required which would absolve the Borough i for t * i :'A Prom any risk. Mr. Frogman's property will provide gravel site. - pSSEMBLYMEMBER IIOINDE)CrER MOVED THE PREVIOUS QUESTION WHICH FAILED By A VOTE OF 4 YES TO 9 Nos YESt Poindexter, Hodgins. Moock. Crawford NOt Sko at ad, McLane. Mullen, Glick, Sewall, McGahan. Brown, Keene. - Nasl b Mr. Skogstud believed if the Borough sold any land for such a purpose have buffer as the it should sell is acres so the pit would a zone activity will have a detrimental effect on surroundins property value in the future. It was noted with the survey drawn these would be at least a 20 ft. buffer zone around the pits. Mayor Gilman stated they have taken steps to insure there will be no risk of catching moisture. RES. Go-go WAS ADOPTED BY A VOTE OF 11 YES TO 2 NOt ,. YESt Poindexter, Hodgins, Maack, McLane. Crawford, Glick, Sewall, McGebsn, Brown, Keene, Nash - - -- NOt Skogstad, Mullen • - 7 - 1 }} ' � 1. I ki G r— KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF NOVEMBER 2. 1988 M. PENDING LEGISLATION (This item list$ legislation which will be addressed—� at a later time as noted) (a) Ord. 88-27(Revised) (Naoh) REFERRED TO P.C./ASSM. TASK FORCE (b) Ord. 88-33 (Nash) TABLED PEND. A/PC TF (c) Ord. 88-34 (Glick) SET HEARING 11/15/68 I a (d) Ord. 88-42 (MeGahan) SET NEARING NOVEMBER 15, 1988 (a) Ord. 88-43 SET HEARING NOVEMBER 15, 1988 (f) Ord. 88-44 SET HEARING NOVEMBER 15. 1988 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA i 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS P. MAYOR'S REPORT i Mayor Gilman referred to his memorandum to the chairman of the Central Peninsula Emergency Medical Service Area Board and the Ridgeway/Starling Fire Service Area Board. He stated some problems have occurred with using Borough facilities for purposes other than what they were built for. A year ago a voluntary fireman injured himself during a Halloween activity and he filed for workmen's comFonfloaut ion. It was denied but the issue is unresolved. The issue i i$ ghfacilities need to be oovesed by liability insurance and to tablish this, activities the facilities are being used for must be established. The memo does not intend to restrict activities, only to identify uses so that insurance needs can be provided for or disclaimer be signed. Q. OTHER BUSINESS L (a) Appointment to Central Peninsula Hospital Service Area Board ASSEMBLYMEMBER GLICK MOVED TO CONCUR WITH THE MAYOR'S APPOINTMENT OF PAT OSBORNE TO THE CENTRAL PENINSULA HOSPITAL SERVICE AREA BOARD. 1 MOTION WAS APPROVED BY UNANIMOUS CONSENT. (b) Change of location of liquor license, Moose Pass to Kalifonsky (Short Stop) It was noted the license application state@ the location to be two blocks from the nearest church but the actual footage had not been measured. f ASSEMBLYMEMBER GLICK MOVED THE APPROVAL BE POSTPONED UNTIL THE j DISTANCE CAN BE MEASURED BY A MEMBER OF THE PLANNING STAFF. MOTION WAS APPROVED BY UNANIMOUS CONSENT. R. ASSEMBLY AND MAYOR'S COMMENTS Mr. Nash asked the Mayor for information regarding reports of personal becoming sick while closing the Sterling Waste Site. Mayo! Gilman reported he had issued a press release that reported the cause of the gas had not been found. Personnel were examined but since they did not report the problem until they had been sick for 24 hours it couldn't be identified. He stated the questionable material has been.ieolated in a lined pit so that if the lab reports find the ; material is hazardous. it can be located and disposed of in another way. This was the procedure ADEC recommended. Cappping of the pit$ has begun. The monitoring system will be presented for public -review in approximately two weeks. C_ -8- i� r— KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF NOVEMBER 2. 1988 Mr. Nash referred to the earlier process of reporting the 10 worst cases of tax delinquency asking if the -Ma or would continue that. Mayor Gilman stated he would be providing lists of all delinquencies monthly but not selected accounts. Mr. Brown reported attending the meeting with Anchorage and Matanuska -Susitna Borough in Girdwood as a non -representative of the Assembly. He stated he agreed with Pre@. Sewall's decision not to send official representatives. As a Chamber member, he was pleased to participate in the discussion regarding the ferry. He stated it is estimated the feasibility study would cost 8100,000, allocated on a par capita ba@is. He stated other subjects discussed were revenue sharing, school funding and the rail belt energy fund. He reported they were set to page a joint resolution in support of distribution of rail belt funds on a per capita basis but with his objection, he was invited to come up with a more equitable solution. n speaking with Anchorage Assembly members on budget problems, it was stated the hiring of a budget analyst totally accountable to the Assembly solved many of their problems. Mrs. McOahan reported receiving favorable comments on the Mayor's meeting with the road maintenance board. She wished to make clear her preference was for hospital board members who are regular health care consumers and have no professional contact with the hospital. She was contacted by a board member who reported a motion was approved to send the Ma or four names and the Mayor only received one. The vacancy was advertised several times, Reople applied, but someone failed to follow through with the board a recommendations. She, asked the Clerk to check with the Division of Elections on getting the Nikiski polling place advertised in the Clarion along with District S locations. She requested permit sequiroments be changed to include a mandatory comment from Dept. of Fish and Ono on any activity which might allow waste elements to get into Cook Inlet. Mr. Skogetad commented on his withdrawal of the repeal of KP$ 21.12 stating when the Task Force has completed its work a new ordinance could be drafted which would deal with problems the existing ono did not address and repeal the old chapter at the esme time. He reported the Task Force would moot again on Monday at S p.m. after which he would try to got the consensus of the Assembly on a preliminary draft. Mr. Poindexter commented on the Coastal Management Plan, believin` there were items which should have been included such as trails and access or agriculture as an activity. Io regard to the Soldovis Native Association holds 23,000 acres in the center of Kachemak Say State Park which they plan to cut for timber, which would have a visual impact on Homer. The Borough has a Memorandum of Understand- ing that the Association won't use that land until they have a land trade with the State. He stated he would introduce a resolution :eking the State to come back to the negotiating table. He reported one tho road from Illiamna which has a bridge that washed out and people are continuing to use the road, fording the stream. He stated DOT has had materials stockpiled but not found the money for transport to the site. He believed Soil and Water Conservation Districts had valuable expertise to determine soil and water compatibility and should be involved in the permitting process. Mr. Hodgine reported that EDD did not contribute to a local c aign fund as reported in the Clarion. He spoke in support of aoint meeting with Anchorage and Mat -Su Borough once or twice a year, ppo881bIyy to be initiated in the spring. He stated the Data Processing Steering Committee met yesterday and approved three items a computer for KFSA, a computer and software for Borough Maintenance to assign costs to various schools, and a computer for Borough Maintenance to comply with asbestos reports -required by State and Federal agencies. -9- r KENAI PENINSULA BOROUGH REGULAR ASSEMBLY FLEETING OF NOVEMBER-2. 1988 Mrs. Haack reported October was Safety and Prevention month and she had gained a now appreciation for the local fire departments as(—) educators in school programs. She stated Nikiski Elementary was the first school in the U.S. to use a tiew model of a house built for this purpose which would be visiting all the schools. Mr. Mullen reported the Kenai River Management Area Advisory Board has met twice in October as a new board with lots of potential. The first item addressed was the need for a water quality study for the Kenai River. A committee will look at the Coastal Management Plan. Mr. Crawford reported the Soldovia Native Association has sold their timber rights to land they own in the KS State Park. In the Memoran- dum of Agreement with the State in the park trade proposal to a statement that timber will not be a factor in the trade. Mrs. Glick announced a Veteran's Day pro ram at the Lief Hansen Memorial Park by the VFW and Amor ican ,egion with a rocaption following. She reported Anchorage, Mat -Su and Fairbanks Boroughs have met for several years to consider common interests. In the last several years an effort has been made to include the Kenai Borough. She felt any time the Borough was being discussed the Assembly should be aware of what is being discussed. She also addressed the Planning Commieston/Aesembly authority in approval of activities. Pros. Sewall thanked Mr. Brown for his report on the municipal meeting from the chamber perspective. He recognized the need for the Assembly to be watchful of the rail belt energy fund. He noted the Cooper Landing school got statewide recognition from the President's Council on Physical Fitness for their division, 87-88. S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT Pros. Sewall stated the next meeting is November 15. 1968. This( meeting adjourned at 12t15 a.m. Date approved November 1S. 1988 riaC an awe , ss roe onC ATTESTi 4/1 an s� t . ? L LM44t,, Lr 6404�_ - 10 - 7 __., A =IVFO - iy i `y i rs hopeful I E-3 ■ INCOMEI Hits high for•'68 / E4. ■ STOCK$# Wednesday's listings I E-8 Btj SS., SECTION Dom 1.1tI88 ...' :rAHFC is 6hort on staff, stud se. s .s , OW iuiwa atait and win repoda •:.;4hc..: � . Y Y • Irite at��yy, says tb AHIC 6u Monitor MNntenano work om the Tb AMC board last month JVNE U -. The Atoka Houa lost p tl mUllan over the past two taw nit Ini lYnamce Ce 'a daft a Proved a mommsndatlon M e; �• yaps because, It licked the atslt to a report e w recommen" �i hire 7{ more employsm Sot wMn b ooatlai the apmy m�Uo= o! Me time! a lm to home owneta that *a AHFC open otttop to to dollars a year, • hate audit kit who arw �. quest on their Mort- F u►d the liar out went to the leWla• ' - found. • . .. • I • • •.; p�a�. The notices are needed for a l3orou�h re at � tiro wale ago. is pilam led Commit. y•. The Study by the DivUtoa of M to dart oolketinR insueance soniq ataft In Vote.. Audit and Manapment 8ervlces bmNlb frwn mortpp ins Alaftraae• The committee autboel ; mommands that the bouslog conapantaa bllllom of dol• Mort{{a{e apnoy 'lamas Its Inn of state uaan and debt AHlC to hie U teM�otary 11tU•tlme psmvanemt "so from 10 The 11*1 Os t 8r the a month h oa, heL that want hel ale �eW about i46,000 a month �'o� Dao= whlob enact alb P the•; t0 IN. In Interest claims dented because Ataakaaa Duelap the put two �Ort's'11e flu apeJ.i: .. 7Le aadtt SON the tceoasporatlon the for adored properties as not Years It has chan{ed hem a flume. Of alntd 16u that Many tmap0� . M-46 pl�yr l es to be t er belm0 put on flu market qulakly Ind Institution only. to both a d t AHfC .10 h expected to SROUSL' atltu lone! u! ae M on ait;emant an W aide for, tk0 commutes. q ooateel b next December. The The state fi tpendln� aulber should employ adequate numbers ARM plan to ask the oxn nW r auditors a;so recommended that 31 g10,000 a moneb la Insuaace of qualm" etaa to effectively to to reeonalder the Staff "guest• teMDoear) employees now on Ib claim for repairs to the repos- Mawp all of Its aortfollos... ar in January wham flu tun 1051ga �p�,yys�poll b made permanent and sessed properties because the cordo to the at y, released by lure wavaaes. The. atatt cxpaaslon ., fuU•tlde.y{� y : i : AHTC doaa't pave eaousb staff to Otde audit Dlrectoe John t ucae would cote about $3 mAAom s year. AML NEWSLETTER Volume 9, Nu S ALASKA MUNICIPAL LEAGUE November 1988 SPECIAL CONFERENCE ISSU former Mayor McAlpine to Speak at AML Banquet Many Alaskans know Stephen McAlpine as the youngest person ever elected Lieutenant Governor in Alaska, as administrator of the state election process, and as an active ad- vocate. in Juneau for local government as well as in Washington for the State.ls position regarding development of the Arctic Na. owl Wiktlife Refuge (ANWR). Not so many, perhaps, know that the Lieutenant Governor was the first popularly elected mayor of Valdez and served two terms on the AML Board of Directors. McAlpine, a popular speaker in Alaska and across the country, will address AML Confer- ence delegates as banquet speaker on Friday nigghhtt.He is expected to offer his thoughts on what to expect from the administration dur- ing the upcoming legislative session as well as on the rate and future of local government �t Alaska. McAlpine, an Alaskan resident since 1970, has a law degree from the University of Puget Sound. He worked in Valdez as a laborer, teamster, and commercial fisherman prior to Joining a law practice there and, In 1979, tjnning his career as a politician and good d of local government by being elected city council member, mayor, and AML Director. Lieutenant Governor Stephen McAlpine will speak at the annual AML banquet. I Economic Development Conference Follows AML AML Conference participants and other local officials are invited to attend an eco- nomic development conference, "Financing Community Economic Development: A Blueprint for Tomorrow," scheduled for Saturday, November'19, in Fairbanks. Financing economic development projects will be the focus of the conference, with ses- sions on managing public -private partner- ships for community development, capital venture opportunities, defining community assets, and mobilizing community resources. The conference is sponsored by_the.Fair-.. . banks North Star Borough, the Department of Community and Regional Affairs, and the Department of Commerce and- Economic Development. It will be held at the Fifth Avenue Center, 520 Fifth Avenue, and registration is $10, which includes lunch. For more information, contact the Fairbanks North Star Borough Economic Development Office, 452-4761. National to Address lane Roberts, Assistant Dlrecto7►Sr Com- munications of the Advisory Commission on Intergovernmental Relations (ACIR), a na- tional, bipartisan agency created by Congress In 1959, will be participating in the AML Conference this year. Roberts, who has worked for the ACIR for a dozen years, will be on the panel for the Taxation and Finance fbllcy Section and has been asked to address the questions of mandate legislation and creation of a state -level advisory commission on intergovernmental affairs. Before Joining ACIR, Roberts worked in city and state government and was on the staff of the U.S. Conference of Mayors. Boston to Welcome Congress of Cities Boston, the hub of New England and the center of the fastest growing high tech in- dustry in the country, will be the site of the 65th Annual National League of Cities Con- gress of Cities. The conference, which is scheduled for December 3-7, will attract thousands of local government officials from across the nation for policy development, training, and skill development opportuni. ties. Of special interest to elected officials will be a series of political skills workshops, fo- cusing on the development of direct political skills and a broader understanding of the political process. Four workshops —on Issue and referendum campaigns, political fund. raising, polling and understanding public opinion, and getting your message out for free —wig offer a mix of skills building, Infor- mation, and hands-on training. - Other workshops will focus on the -four. conference themes of investing in people and neighborhoods, creating economic vital- ity, leadership dynamics and dynamic lea- dership, and new ways to deliver traditional services. For more information on the Con. gress of Cities, contact AML at SW1325. 1 '1 tL LJ1A= News AMV1IA Officers and Trustees Control Your Losses — Control Your Costs Municipalities insured through the AMU 11A receive a monthly claims report that lists reported claims, paid settlements, and loss reserves. Other municipalities may also re- ceive this type of loss information from their Insurers, The value of this information can- not be overstated because it relates to loss control and cost control for the municipality. Loss data should always be treated as con- fidential as they pertain to an individual claimant. While loss runs are a valuable in- temal management tool, they can often re- veal information to a claimant that would Im- pair the insurer's ability to seek a proper claim settlement on your behalf, Loss infor- mation on a particular claim is regarded as privileged until a final settlement or court award is made. Under the Freedom of Infor- mation Act, you may be required to release generic information with the claimant's name removed. So long as it is impossible to determine the particular claim that a reserve applies to, this information may not be harm- ful. However, giving out reserve information on a large reserve for a death claim where only one death claim has been reported would be an improper disclosure of informa- tion because it is easily determined which claim the reserve pertains to. When in doubt about releasing claim in- formation, contact your municipal attorney or the AMUJIA. Keeping claim costs under control benefits us all, so be aware that individual loss re- serves and claim settlement matters are con- fidential. A key element in successful claims ad- justing is the speed with which the investiga- tion of facts begins. Evidence, witnesses, and claimants' attitude all deteriorate with time. In the case of workers compensation claims, late penalties are assessed for late payment caused by late reporting. Good loss control practice dictates that every incident likely to result in a claim and . every serious incident that could possibly result in a claim be reported promptly. Prompt notice of an incident allows prompt assessment of liability, factual determination, and prompt, fair settlements where - indicated. - -- -- - f When reporting incidents, obtain all facts, witnesses' names, places, times, and pictures that are readily available, but dontt delay the report for days while waiting for complete facts especially when dealing with serious in- judes, death, or significant property damage. Chairman ........ Phil Younker, Fairbanks VlceChair .... Rich Underkofler, Soldotna Secretary ........ Paul Whitney, Soldoina Treasurer .......... Dave Soulak, Palmer Administrator .............. Bob Healey Trustees Joe Evans, Municipality of Anchorage, and AML Director Betty Glick, Kenai Peninsula Borough, and AML Past President John Havelock, Anchorage Steve Bainbridge, Nenana Brian Phillips, City of Fairbanks Scott Burgess, AML Executive Director Soulak Appointed New Treasurer Dave Soulak, City Manager of Palmer, has been appointed AMUJIA Treasurer to fill the vacancy left by the resignation of Bob Peirson as Finance Director in Seward. Soulak and the City of Palmer have been long-time sup- porters of the AMU11A, and it is fining that Soulak represent participant interests while serving as an officer of the 11A. One of Soulak's first duties will be presentation of the AML/11A financial report at the Novem- ber 16 participant meeting. He will also oversee 11A investments and cash manage- ment. The sooner the investigator or adjustor gets involved, the better the chance of a prompt, fair loss adjustment for all parties. The best loss is a loss that doesn't happen. The next best loss Is one that is minimized by prompt, fair settlement. AMUJIA participants should report claims to Adjustco in Anchorage, 276-2010. Non- participants should have reporting instruc tions from their broker or Insurer. If you are not sure of reporting procedures, find out now —before you have the lossl F AML/11A Participants These communities and school districts ae*i proud charter participants in the AMUJIA. They encourage you to team more about the AMUJIA and to join them in controlling municipal risk management costs. Akutan Nikolai Angoon Nome Barrow Nunapitchuk Chuathbaluk Ouzinkle Cordova Palmer Cordova Schools Pelican Craig Petersburg Dillingham Port lions Eagle Quinhagak Elim St. Marys Emmonak Sand Point Galena Seward Golovin Shishmaref Hooper Bay Skagway Huslia Soldotna KingCove TenakeeSprings Kotlik Thorne Bay Kotzebue Unalakleet Mountain Village Waf -Wright Nenana & Nenana Schools (7) New Numbers for AMUJIA & FAX Machine The AMLnIA has a new phone number, 586.3222. The JIA continues to be located in the AML office, 217 2nd Street, Suite 200, Juneau, but it now has its own phone number. Also new is a FAX machine so that members can send writ- ten information directly to their risk management company. The FAX number, for both the 11A and the AML, is 463.5480. I r ftse 2 November 19115 I AML NEWSLETTER 217 2nd Street a Suite 200 a_ Juneau, Alaska 99801 • (907) 5864325 STAFF: Scott A. Burgess, Executive Director and Editor Chrystal SUQings Smith, -Programs Manager - Kevin Smith, Staff Associate Phyllis H. Larson, Administrative Assistant Glenda Catli, Secretary Robert F. "Bob' Healey, AMUJIA Administrator 0 L. L J 0 l The State of State -Local Relations ',y5teven D. Gold ,epNnted with permission from State legislatures, August 1988 Paternalism or indifference from state of- ficials. Distrust and frustration from local of- ficials. Hostility and disrespect on all sides. To-3 often, these, seem to be the reigning atti- tudes among the leaders of state and local governments. But casually perceived attitudes and rhe- toric can be misleading. What's really hap- pening in statedocal relations? Are things get- ting better, getting worse, or staying about the same? Difficult questions. Princeton Uni- versity's Richard Nathan, one of the leading scholars of intergovernmental relations, has observed, "So much happens at the state and local levels across this vast nation that it is very hard to generalize about broad trends." This is particularly true about state -local policies. Comparing one state to another is hampered by the incredible diversity in state and local systems. A critical problem in one state may not even exist in another. To make matters worse, state -local relations is one of the less glamorous issues around. As former Virginia Governor Charles Robb used to say, There Is no faster way to clear out a room "han to begin talking about federalism:' John Shannon, until recently the boss of the U.S. Advisory Commission on Intergov- ernmental Relations (ACIR), has coined the term "tend -for -yourself federalism" to describe the current period. One of the main reasons for this development is the enor- mous cutback in federal support for state and local governments. According to the budget presented by President Reagan last winter, federal aid for state and local govern- ment operations was slashed 37 percent in real terms between 1980 and 1987. As a percentage of the gross national product, grants fell from 2.2 percent to 1.2 percent in those seven years. In part because of this shrinking federal role, NCSL's Task Force on State -Local Rela- tions has predicted that "we are on the brink of a period of significant change in the way state and local governments interact:' Feder- al cutbacks "create a vacuum that forces states to reassess their policies." There has not been enough time in the two years since the task force approved this statement to expect major policy changes, but it is worth inquiring about the develop- ment of state -local relations in the past few - -years. Unfortunately, no comprehensive sur vey is available on this issue. Still, the 111,0�ft,entary evidence available does reveal that the winds of change are beginning to pick up force in slate capitols around the country. One of the most tangible impacts of the AML Newsletter L task force is increased interest in creating state ACIRs. The task force placed heavy em- phasis on the role such groups can play in providing a forum for discussion of inter- governmental issues and for doing research on solutions to state -local problems. Jane Roberts, assistant director of the U.S. ACIR, reports that there has been more dis- cussion of establishing such bodies in the past several years than ever before. (Editors note, Roberts will participate in the AML Conference to discuss ACIR legislation as well as other state -local government issues.) A new ACIR in Utah last year and one ex- pected to be created this year in Rhode Island are directly attributable to initiatives by legislators who served on the NCSL task force. Representative Bob Bianchini of Rhode island explains, "State and local governments should work together to solve problems before they reach the critical stage. The task force discussions convinced me that a state ACIR can play an important role in fostering that kind of cooperation." As the rubric "fend -for -yourself feder- alism" implies, local governments may have to bear much of the burden of raising rev- enue to finance their services. If they are to do this, however, they must have sufficient flexibility. Several states have relaxed con- straints on the ability of local governments to raise revenue. California, Iowa, Nevada, and Utah are examples of states where limits on property taxes or spending have been liber- alized. California, for example, amended Proposition 13 to allow localities to raise their property tax rate to pay off newly issued general obligation bonds, even if this means having a tax rate of more than 1 percent. Utah replaced a 6 percent limit on property tax increases with a strong full -disclosure process —notices explaining why taxes are going up must be sent to taxpayers before the increase. Moving in the opposite direc- tion, Wisconsin this year imposed a new set of limits on local governments land on the state as well). Another important trend is the loosening of restrictions on local sales taxes. Among the states to grant new sales tax authority are Florida, Georgia, Iowa, Minnesota, Missouri, North Carolina, Tennessee, Texas, and Wis- consin.local income taxes have not been as popular, but they are an integral part of a sweeping local tax -reform program approved by the Pennsylvania House earlier this year. That states Senate was considering a dif- ferent approach as this article went to press, and some major reforms were given a good chance of passage this year. South Carolina is another state where a far-reaching reform of local finances (developed by its ACIR) has been working its way through the legislature. (Continued on page 9) Bob Healey, AMU11A Administrator. Healy Takes the Helm at AML/)IA The AMLIJIA Board of Trustees recently hired Robert F. Healey as the permanent In- surance Administrator for the municipal risk management pool. In announcing HealWs appointment, Board Chairman Phil Younker of Fairbanks said, "Bob brings to the AMUJIA a wide background of public sector risk management, pooling, and insurance bro- kerage experience. He has the expertise we need and the type of personality our par- ticipants will feel comfortable with.' At the time of his appointment, Healey was serving as risk manager for Pima County, Arizona. In this capacity he has been respon- sible for the overall management of the county's risk management program, which includes a self insurance trust fund. In Pima County he has worked with municipal and tribal governments to resolve insurance cost and availability crises. Before going to Arizona, Bob served as the first risk manager for the city of Duluth, Min- nesota. He has over thirty years of insurance and risk management experience. Though he has spent most of his life in Minnesota and New York, he is no stranger to Alaska, having served In the U.S. Army at Fort Richardson from 1949 to 1952. The AMUJIA Board reviewed over seventy applications for the position during a three- month search. According to Younker, "Bob's experience working with large and small municipalities to create innovative and prac- tical solutions to insurance problems made him stand out from the others. We Jook for- ward to working with him." Healey takes over the daily operation of the AMUJIA from Risk Management Consul. tant John George, who was retained to get the program under way and to act as Insur- ance Administrator_ until a _permanent ad. ministrator could be found. Healey and George will both be available at the AML Conference -in Fairbanks to matwithpar- ticipants and prospective participants. Please make a point of meeting them to discuss your AMUJIA. After Conference you will be able to reach Bob Healey at the AMUJIA's new phone number, 586-3222. Page 3 Commissioner's Corner by David G. Hoffman, Commissioner Department ofCommunity and Regional Affairs Thanks to AML I would like to open -this first "Commis- sionees Comer' with a word of thanks to the folks at AML for the opportunity to include a regular column in their newsletter. As Com• missioner of DCRA, a major goal of mine has been to broaden the communication chan- nels between the department and its consti• tuents. You, the membership of AML, are a fundamental part of that constituency. t want to use this column as a forum for communi. J cating with you on a regular basis —to keep in touch and to keep you Informed about what we're doing at DCRA. Perhaps the most important part of good communication Is listening. I intend to be a good listener. I'd like you to consider this t regular column as an open Invitation to let { me know your thoughts about what were doing at DCRA and how well, or poorly, you think we're doing it. I Intend for DCRA to be responsive to your needs —as you see them. ' To do this, though, 1 need your feedback. Thanks. Over the next couple of columns, I will be y outlining the department's strategy for assist- ing Alaskan communities, reviewing our ef• i forts to implement this strategy during the j last two years, and bringing you up to date on current initiatives like the Rural Economic Development Initiative (REDI) program and the Financial Outreach Services To Encour- age Recovery (FOSTER) program. AML and DCRA Ties Seeing the AML staff in action during the recent round of mayors conferences left me with a great appreciation for their significant talents and energy. I would like to congratu. late them for their good work in assisting local governments. A special praise is due to Scott Burgess for his initiative in forging a closer relationship between AML and DCRA. The department and AML clearly share many common inter- ests and goals. The working relationship be. tween the department and AML has never been more cooperative or more productive, largely due to Scott's personal efforts. For my part, I have made a personal commitment to nurturing closer ties with AML by increasing MY own participation In key AML events in- cluding board meetings and other special ac- tivities such as the AML Legislative Commit- tee meeting, which I attended recently hr Kotzebue. I'll Be Looking For You In Fairbanks I would like to continue to deepen the re- lationship between AML and DCRA and put it on a more personal basis. I would also like to work more closely with you on statewide and local issues. We need to do this before the next legislative session gets underway and overwhelms us. What State Grants Are Available? The Alaska Municipal League's State Ain Catalog attempts to answer this question for Alaska local governments. Over 100 state financial and technical assistance programs from sixteen departments are included in this document. The nature and purpose of each program are explained, and descrip. tions of what type of assistance is available, how the program is financed, who may app. ly, and how to go about it are included. The catalog Is updated annually by the departments: new programs are included, old programs are modified or deleted, and funding levels are adjusted for the current fiscal year. The State AW Cablod attempts to list all state -administered programs of finan- cial and/or technical assistance available to local governments and is fairly comprehen- sive. Copies have been sent to all member municipalities, and additional copies, in- cluding the three-ring binder, are available at a cost of $20 by calling the Alaska Municipal League at 586.1325 or writing 217 Second Street, Suite 2W , Juneau, Alaska 99801. Salary Survey Finished Featuring a slightly new look and an earlier publication date, the Alaska Municipal League's FY 1989 Municipal Salary Survey has been published and sent to the partici- pating member municipalities. This publica- tion represents a substantial time commit- ment on the part of participants, as they volunteer staff time to list actual salaries and salary ranges as well as vacation, holiday and leave, insurance, and other benefits for their employees. The Salary Survey includes over 50 dif• ferent Job classes from municipalities of var- ious sizes and from nearly every region of the state so that meaningful comparisons can be made and applied to the personnel situation in your community. Salaries are listed by Job description, by municipality, and even aver• aged across the state. Also new this year is a Data Processing De. partment section, listing the positions and salary ranges for department heads through computer operators in what is becoming a rapidly expanding municipal department throughout Alaska. Copies of this valuable source of personnel - information are available free of charge to y�— i AML members and to others for a fee. Calf 586.1325 or write AML, 217 Second Street, i Suite 200, Juneau, Alaska "Mi. Page4 November 1988 The annual conference in Fairbanks will provide a great opportunity to continue this effort. I hope to get together with as many of you as possible during the conference to ex- change ideas and get to know one another better. To improve the chances of our getting together, I plan to station myself as often as possible near the entry foyer of the Civic Center. Please come on by and have a talk. DCRA staff will be participating in many conference activities. I'd like to draw your at- tention specifically to several sessions In which DCRA staff will be presenting Informa- tion and will be available for questions: • Wednesday, 8:30.11:00 a.m.: DCRA, together with the IRS and the Alaska De- partment of labor, will present a new Tax Forms Management Manual and discuss tax reporting questions. • Thursday, 9:0041:30 a.m.: Policy develop. ment sessions. Commissioner Hoffman will participate in the Economic Development Session. Marty Rutherford, Director of the Municipal & Regional Assistance Division, will participate in the Local Government Powers Session, • Thursday, 9:00-1t:00: Agency Roundtables. DCRA staff will be available to answer questions about the department's new REDI and FOSTER programs. • Thursday, 2:15.4:15 p.m.: Agency Round. tables. DCRA staff will field questions about the Municipal Assistance and Rev- enue Sharing programs. • Friday, 8:30.10:00 a.m.: DCRA Local Boun- dary Commission staff will participate Ina workshop on borough formation. -I J r Rexford Outlines Proposed AML Platform for 1989 .lpeech by Delbert Rexford, AML 1st Vice President, to North/Northwest Mayors Conference, Barrow, October 14, 1988. Good morning, Mayors and guests. I am honored to welcome you to Barrow and the North Slope Borough as a Borough Assem- blyman and as the First Vice President of the Alaska Municipal League. 1 have served on the AML Board of Direc- tors for almost two years now and I will con- tinue to serve my community, yours, and others across the State as President of the League beginning at the conclusion of the annual conference in Fairbanks in Novem- ber. am proud of what the league Board, staff, and we, as local government officials, have been able to accomplish and are continuing to pursue through the League to improve local government and our cities and bor- oughs. I would like to spend a few minutes and review the AMUs legislative program — the Leaguds most important program --and emphasize how important you, as the North/ Northwest Mayors Conference and as indivi- dual municipal officials, are to the strength and success of the League. The AML represents 122 member munici. pal governments, directly. The municipal of- ficials in these member cities and boroughs represent over 95 percent of the people of Alaska who live in our cities and boroughs. Local governments have trouble in the Legis- lature and in Congress for one main reason, which sets the stage for our lobbying effort. Municipalities are viewed as a special interest group, not as a legitimate partner with the state and federal governments. We balance our budgets every year by raising taxes or reducing services. This is done even though local governments are receiving less money and more requirements from the State and federal government each year. Some of the fault is our own for not educating those in our communities, and in Juneau and Washington, about what we are doing. We need to remember that we represent the people in our villages, cities and boroughs. We have to do a better job ... • of listening to and serving the needs of our people. • of providing the leadership to make the hard choices and set the priorities, and • of letting people know what we are doing to provide needed services and how much it costs. The AML must set realistic legislative priorites, tm There were over 250 bills directly affecting local government in the 15th Alaska legislature which the AML staff tried to follow to keep the membership In - ?ss. Delbert Rexford, incoming AML President, was seen coast -to -coast in this photo, taken during the recent whale rescue in Barrow and published in USA Todayas well as other papers. Unfor- tunately, the photo captions identified Delbert only as an Eskimo whaler, not as AML 1st Vice Presidents formed. Only 50 of those bills passed in the First Session and only 25 in the Second Ses- sion. Only a few of those were AML priorities and some were, frankly, harmful to good local government. Municipalities also missed a rare oppor- tunity last session when the election year rhetoric of helping cities and boroughs, and our failing economies, was running high. The municipalities, as a group, did a poor job of defining or pursuing a well-defined econo- mic recovery package. Instead, we got some quick fixes like the jobs Bill and also lost W million in the last seconds of the legislative session. We did have some successes .. . • Municipal assistance and revenue sharing were funded at last year's levels, • Education funding was decided early, giv- ing municipalities and school districts more time to plan and prepare budgets, • A regional economic assistance program was established and funded, • Another economic development tool was provided by the legislation allowing tax in- crement financing and expanding the au- thority of the Bond Bank to assist in muni- cipal financing, • Legislation allowing the state and the municipalities to share fish tax Information passed, • And, we resisted legislation requiring municipalities and school districts to comp- ly with binding arbitration and the Public Employees Relations Act. • Legislation providing relief from the misinterpretation of the Supreme Court under Busby v. Municipality of Anchorage failed, and a costly cloud of potential liability remains over our police departments. • Two entitlement programs, the Senior Citi- zens Property Tax Relief Program and the School Construction Debt Reimbursement Program, were, again, underfunded. But enough of the past. With the muni• cipal elections behind us and the state elec- tions only a couple of weeks away, it is time to turn our attention to the 16th Alaska Legis- lature. The AML Board has approved a draft 1989 Policy Statement for discussion at the 38th Annual Local Government Conference in Fairbanks, November 16-18,1988. In addi• tion, the AML Board has approved a draft Municipal Platform of suggested priority legislation for next year. I will go over it brief- ly. I hope you will discuss these issues In your communities, and with our legislators, and come prepared to discuss them at the Con. ference. Position 1. The AML will seek passage of legislation requiring the State to reimburse municipalities for the cost of any new State. mandated programs. We recognize that the State has less money now than in the past, so we are not asking for a lot of new costly pro• grams or a lot more money. We are con- cerned that the State may continue to bal- ance its budget on the backs of municipali- ties, therefore, under this legislation, any new state program or shift in responsibility that cost money at the local level to implement will have to be reimbursed by the State or the lawwili sunset. We also had some losses, in addition to the $40 million in aid to municipalities I just Position 2. The AML will seek adequate fund- - mentioned :.. -- - - -ing of municipal entitlement programs to- - Legislation, sponsored by Senator Hensley assist municipalities meet the basic service needs of Alaskans and of/set the fiscal hard• and Representative Adams, to Increase the minimum entitlement under the revenue ships of declining revenues. There are two parts. For FY 90, we are asking for very little sharing program from $25,000 to $50,000 failed. (Continued on page 6) AML Newsletter Page 5 L al J Riexford Outlines (Continued from page 5) new money but instead asking that the en- titlement programs "on the books" be fully funded. These include the Miscellaneous Services Account in the State Revenue Shar• F ing Program that provides money for roads, fire departments; and health facilities; the Senior Citizens Property Tax Exemption Pro- gram; the school construction debt relm- bursement program; and funding for edu- cation. in addition, we want the Legislature to fund the FY 89 shortfall in these programs through a supplemental appropriation of ap• proximately $23 million. Position 3: The League supports the reintro- duction and passage of the legislation, last year's HB 360, that would finance all schools, urban and rural, through a statewide priority grant program. Position 4: The AML is again seeking legisla- tion introduced last year that would raise the minimum entitlement for communities 4! under the State Revenue Sharing Program from $25,000 to S50,000. I: Position 5: Another priority repeated from E last year is legislation providing relief from the implied liability created by the Busby case to take persons incapacitated by alcohol or drugs into protective custody. Position 6: The AML will also seek passage of legislation to clean up the election laws that affect municipal elections. The items listed on the sheets we've passed out have been in our Policy Statement for a number of years I and it's time to take care of them to ensure efficiency and fairness in our municipal elections. Position 7: AML will seek the passage of a; legislation that will allow municipalities and joint insurance arrangements, such as the one 4 AML created this year, to use debt financing t through the Alaska Municipal Bond Band to establish reserves to pay losses. This will be more critical when the "hard" insurance market inevitably returns. This is a plate full, but with good discus• sion, agreement; and hard work by you, the members, together with the League Board, Legislative Committee, and staff, we can suc- ceed on behalf of the people in our com- munities. Remember, the strength of the AML is in its membenhip. Let me summarize how you can help make the-AMI. stronger and mote successful: �. • Prepare for the AML conference next �S- monthbymaking nomination%forlheLegfs- `1,l lative Committee and for the Board —there are vacancies in the First and Second Vice President seats and the At -Large and District 2,4,6 and 8 Board seats. • Prepare resolutions and policy language to k educate your fellow municipal officials and state representatives about the critical needs in out communities. • Review and discuss the draft Policy State- ment and the Municipal Platform in your council and assembly meetings, and with your Senators and Representatives, and come prepared to finalize it at the Con- ference. • Review the recommended amendments to the AML Constitution, especially those changing the Board structure and the voting system. • Come to the conference. • And, finally, help accomplish the AML leg- islative goals throughout the year by re- sponding to requests by the AML staff for in- formation and to contact your legislators and the Governor on specific legislative issues. In addition to the legislative program, the AML is helping you by providing other serv- ices to help your municipal operations. On July 1st, AML started the AML joint Insurance Association providingcomplete, pooled risk management services to municipalities and school districts. Barrow and Elim are mem- bers, and other cities represented here are also members. I encourage all of you to join the AMUJIA to insure your future. Another new program that has Just been announced is that AML has negotiated a contract with The Office Place to provide FAX machines to AML members at 35 per- cent off list prices. FAX machines are becom- ing indispensable tools in municipal opera- tions and now you can get a machine which has been researched and which is available at a very low cost. There are other programs available to AML members and 1 encourage you to contact our Executive Di(ector, Scott Burgess, and his staff or your Board represen- tatives for more information. Position Vacancy City Manager—Ketchikan. The City of Ket- chikan Apop. 7,601) Is seeking a City Manager, Salary DOQIF.. Seven member council. $23.5M budget.161 FTE employees. Full service including finance, police, fire, public works, library, museum, parks and recreation, mental health and substance abuse programs, and various enterprises in- cluding sewer and solid waste utilities, deep water port, small boat harbors, and -shipyard. . BS, MPA, or MBA preferred; progressively re- sponsible experience as city manager or assistant -city manager required: Under state law, applications are public records; there- fore, confidentiality cannot be assured. Sub- mit resume and employment references to City Clerk, 334 Front Street, Ketchikan, AK 99901, postmarked no later than December 15,1988. Interim Management Services Program Seeks Help, Those Who Need It emi The Alaska Municipal Management Association (AMMA), the Alaska Municipal League (AML), and the Department of Com- munity and Regional Affair; (DCRA) are seeking personnel for the newly instituted In- terim Management Services Program (IMSP). The program is designed to provide expert, experienced managers to manage a city or borough or a municipal department tem- porarily while a recruitment process is underway to search for and hire a perma- nent replacement. Local governments are continually in- volved in the process of personnel change, and the IMSP can help. When a manager or department head is terminated or resigns, it can take from one to five months to recruit and hire a replacement. Even under the best of circumstances, there is usually a time gap between the departure of senior manage- ment personnel and the arrival of the replacement. Interim managers may be retired or tem- porarily unemployed public administrators or they may be city managers, department heads, or state local government specialists who are currently employed but may be released for temporary duty. Persons in- terested in being included in the IMPS'} "talent bank" should send a resume outlin- ing their relevant experience, along with a letter detailing the types of positions for which they wish to be considered, to Chrystal Smith, AML Programs Manager, 217 Second St., Suite 200, Juneau, AK 99801. To ensure the quality of interim managers available under this program to Alaskan municipalities, applicants for the program must be approved by AML, AMMA, and DCRA. When a municipality is looking for a person with specific management skills, the talent bank coordinator will be able to refer a group of qualified people to the local govem- ment, which can choose from this group. As a condition of the program, the interim manager may not apply or be considered for the permanent position. Other conditions of employment will be agreed upon by the In- terim manager and the employing municipality. A model form of employment agreement for the interim management ser- vice will be available from the program coordinator. The Interim Management Services Pro. gram offers local governments an alternative way to All the staff gap caused by personnel turnover while helping to make changes for .. the better. The interim managers are tem- porary, outside individuals who step inside a( Deal government organization to run affairs until a replacement is hired. The interim manager can do what Is necessary to help (Continued on page 10) 6 November 1988 W_ 7 J 1� i So Youlw. Been Elected, Now Whet? °y Karen Graves .eprinted with permission from Kansas Government Journal By their action at the polls, the people of u a vote of confide ce anur d expressed faithave given h in your abil- ity to act in their best interest. Your willing- ness to serve hopefully demonstrates you al- ready possess a very important quality in becoming an effective legislator —that is, you take yuur new Job seriously. The first thing a new council member should ask for is an orientation. I don't mean that the manager or clerk handing you a box of books containing old studies, budgets, etc. is an orientation. There is much information you can glean from documents around city hall, but nothing will substitute for a well - planned and well -executed orientation ses- sion with your manager and department heads. Once you have had your orientation, you are ready to assume your new role as a direc- tor of one of your locality's largest corpora- tion. Your stockholders, the citizens, will ex- pect big things of you. Go slow at first, and take time to settle into your new role. 1 Here are some practicial "tips." r Be prepared to devote sufficient time to your job. Do your "homework" before each meeting and plan to go to bed each night with a study resting on your chest. If you read all the material that comes to you, you will be a very effective council member. Study the agenda in advance of each meet- ing. If you need more information, go get it. It might mean an onsite view or placing some phone calls to people. The most im- portant thing is to READ, READ, READ. Organize a place in your home or office and devote it exclusively to council mattem You will need a filing cabinet or an accord - Ian -pleated file, which is very inexpensive. Buy dozens of manila folders and start filing papers. Your topics will depend on your lo- cality, but mine begins with "AnnexatloW and ends with "Toning Laws" with dozens of -files in between. If you file your papers several times a week, you can just pull the appropriate file when you need that parti- cular information, it's also a handy place to put newspaper clippings and letters from constituents. Take the necessary time to develop an --esprit d'corps-whh your fellow -council members. You'll be seeing a great deal of them in the next several years, and you will (- jeed to develop a spirit of teamwork and ,--cooperation with them. A council acts col- lectively, not Independently, and personality conflicts can be very damaging to the har- mony you need to function. Most matters are decided not by consen- sus, but by actual voting, which sometimes creates a win -loss atmosphere. Sometimes an adversarial relationship develops. It is terribly important to remember that you are the only person you are going to agree with 100 per. cent of the time and each and every person on your governing body is entitled to their viewpoint and opinion. There is an old saying that the squeaky„ wheel gets the grease, Toy to beware of the "politics of intensity,' There are many special Interest groups. They can be well financed, well informed, and very vocal. Often they represent very good causes. But remember they do not always represent as many people in the community as their number in your meeting room would seem to suggest. Their requests must be weighed against the needs of the whole locality. Don't be stampeded into quick action. Hasty action taken at a meeting without suf- ficient time for public opinion to develop and without the consequences being fully explored almost always results in bad legisla- tion. When some individual sweeps into your meeting with a deal that "if you dorft take it right now it will be gone,' the red flag should go up in your mind. No deal is so good that government can take quick action without incurring great risk. Be aware of what the public expects of local government When a citizen comes storming into a governing body meeting, riled up over a certain issue, if that person is given a fair and courteous hearing and a chance to state his or her case, often that person will accept the decision, even if it goes against him. The public expects due process, which is having their day in court or in this instance their say in a public meeting. After sufficient time passes, most people will no longer be angry with you over your vote if they realize you were doing what you thought best for the greatest number of people in your community. Remember that what you say publicly and privately is considered news and will be repeated. Be especially careful with your comments about people in the employ of the locality. Either be prepared to defend your employees or find a clear reason why you can't defend them. Also, it is very Important to avoid criticiz- ing a fellow council members stand on an Issue. There is a terrible temptation to agree with -someone who says, "Why in the world did Joe vote that way?" "Boy, I sure agreed with you on that one:' That constituent Is ob. - viously a- very discerning person with whom you want to agree. it really is better policy, however, to try to explain why you think your fellow council members voted the way they did, without putting them down. Develop a policy manual. Ordinances are laws; resolutions are policy expressions. Every local government should have an agreed -upon policy manual so that you treat similar situations in a similar manner. An ex- ample would be revenue bond financing for Industries. Each and every one of our bond issues was different, which didn't seem fair t$ the applicants nor to the citizens. So we developed a policy that can be applied to every case. One of the biggest frustrations you will find in local government is that we seem to spend 90 percent of our time on the smallest mat- ters and 10 percent of our time on the most important matters. A policy manual can help reverse that. Recognize that we are smack In the mW- dk of a great consumer movement when government is concerned. People feel alienated because of their remoteness from government, so they kxrk to the local level of government to become involved. They want a say in the decision -making process. Most professional managers grimace at the thought because citizens' advisory groups are time-consuming and cumbersome. But they must be given a chance, encouraged, and made to feel that they have a role to play. Besides, they often are made up of peo- ple with expertise that would be expensive If you had to pay for it. Know your community. This seems trite, but you must generally be aware of the phy- sical, as well as the fiscal, aspects of your locality. You should be in touch with the demographics that give important clues such as Income data, employment statistics, per- centage of home ownership, minority per- centages, religious atflliation, etc. Each com- munity is unique and council members should be aware of the many facets of their communities. Keep emotions out of government. Lean to disagree without being disagreeable. Words spoken in anger can hurt. They can't '---taken back, Your public is intelligent, and you will soon lose their respect if you argue with other governing body members or the public. There is no place in government for vindictive people who can't let bygones be bygones. Being terribly angry at other people Is letting them control you and Is a terrible waste of time and energy. There's an old saying that goes like this, "A politician looks ahead to the next eleo- don; a statesman looks ahead to the next generation,' When you start making deci- sions based on the next time you run for election, you have just compromised your effectiveness to your communky. I happen to believe it is not bad politics to do what you perceive to be the right thing without worry- Ing unduly about the political consequences. Attend meetings and conferences and grab up all the bee you can to read later at home. Your state municipal league is a treasury of Information and stands ready and (Continued on page 8) AML Newsletter ftV 7 'T; L 1 � i Elected (Continued from page 7) able to help you with your questions. so newts that it Is the gowming body's wponsibility to puotdde polNical leadership in your community, You are to determine the course of action, such as the need to vote on a local sales tax. You then help develop the course of action and sell the plan to the taxpayers. It is important not only to always do the *M d tttg but to ghat the appearance of do- Ing the tight thing. That may sound artificial and superficial, but there will be times when you will know what 1 mean. You will want to take great care to explain to the media or public why you did what you did. By now you are probably aware that local government has changed over the years. His- torically, local governments provided those services considered absolutely essential, such as fire and police protection, streets, utilities, etc. The concept has changed, and now the public considers almost as essential parks, recreation, entertainment, convention centers„ cultural arts, human relations, etc. In- deed, most of the things that directly affect our daily lives are based on decisions made by our local govemmenfs fathers and mothers. Will we drive to work on good streets or pothole -ridden ones? Will our children have adequate parks near their homes, or will they play in the streets? WIII we breathe clean air or smog? 4 You cared enough about these concerns to t oNer yourself as a candidate, and you were j elected. I'll bet you thought you were elected to a part-time lob. Being a member of a gover- ning body requires large amounts of study, preparation, Investigation and thought. You can't turn it on for your meetings and off for the rest of the week. Being a council member is an around -the. clock, 365-days-a-year transaction. You will find you cart't turn it off mentally. You are now !s: a public person, one who got off the back side of his lap and decided to quit complain-ing about government and start doing something about it. Congratulationst You have ahead of -you two or -more of the most rewarding years of your life. AML MEMBER FACSIMILE PURCHASE PROGRAM featuring RICOH FACSIMILE No.1 in digital facsimile, Ph= since we invented itl • 35% OFF LIST PRICE TO ALL AML MEMBERS • RECOMMENDED MODEL RICO" FAX 20E —15 second transmission speed —115 station auto dialer —10 page auto document feeder —send later at low rate periods —department code tracking —batch page numbering —64 shade halftone —contrast control —compatible with all machines worldwide AML MUNICIPAL MEMBER PRICE $1,571.00 ASSOCIATE MEMBER PRICE S095.00 Full ninety (90) day warranty Included Maintenance contract and supply pricing milable upon requM. Call Steve Culbreath at the Office Place in Anchorage at 786.5145 for Information on machines or iatrbunla Light open Theatre praMnta Presentation courtesy of Fairbanks Light Opera Theatre, Fairbanks North Star Borough and the Alaska Municipal League. C) Pap a November tM In L State -Local Relations (Continued from page 3) Cities and counties often have an ambival- t attitude toward the way in which states .,sow them greater latitude to raise taxes. Doug Fleterson, a senior policy analyst for the National League of Cities (which last year published a good report on local revenue di- versification), says that sometimes cities are appreciative and consider it a genuine help, but frequently It Is an "empty offer” because states generally have been requiring that voters approve sales tax increases in mfemnda that are difficult to pass, This boils down to "removing one hurdle but creating another," he said. Some states are helping local governments to raise revenue by reducing some of the "rough aches" of the property tax, the mainstay of local tax systems. Maine and Ver- mont expanded their property -tax circuit breakers last year, reducing the heavy burden of this tax on the poor. Oklahoma this year is making a major effort to Improve property tax administration. Another important trend for both state and local governments is the use of impact fees that require developers to help pay for the costs that arise when new development takes place. A state can pave the way for such fees by enacting legislation that spells out how and when they can be employed. Assemblyman -9ominic Cortese, who authored such a bill assed by California last year, wanted "to -make sure that local governments have the tools to allow development to go forward and to ensure that fees are not exorbitant." Califor• nia has also created new kinds of special tax. ing districts to pay (or such construction as highway interchanges. Even in an era of "fend -for -yourself feder- alism;' states have not been placingthe entire burden of paying for services on local govem- ments. State aid to cities and counties was relatively depressed in the early 1980s as states wrestled with their own serious fiscal problems, but it increased strongly after fiscal year 1983, the low point for state finances. In fiscal 1986 (the last year for which data are available), states provided $50.6 billion in aid to cities and counties, an 18 percent increase In Inflatiomadjusted terms from 1983. The bit gest recent increases have not been in the traditional aid categories like highways and revenue sharing but rather for categorical pro. grams to help with transit systems, cor- rections, and housing. When the federal government abolished general revenue sharing in 1986, many local governments turned to their states in hopes of obtaining a replacement for the $4.5 billion that was lost. Most states did notstep Into fill _ • " breach explicitly. Connecticut, Delaware, ho, Massachusetts, New Jew, and Rhode island are among the few states that did create or expand state revenue -sharing programs. (The Delaware program was for one year and has been discontinued.) Except for Idaho (which shared with localities a portion of the revenue from a state salmax increase), these states were among the fiscally strongest in the country. Most other states were not in great fiscal shape and concluded that local govem- ments could absorb the loss. To keep matters in perspective, it is impor- tant to recognize that nearly every state al- ready has at least one aid program that pro- vides general support to local governments. According to the U.S. Census Bureau, such programs provided $13.4 billion of aid in 1986. In addition, states spent another $34.6 billion that year on categorical aid to local governments not including school aid. Many of these aid programs are regularly expanded either by Increasing appropriations or auto maticaliy because they are financed by ear. marked Gated taxes. Mother way that states assist local govern- ments financially is by assuming responsibility for functions that used to be paid for by local taxes. The most important area where this has been occurring recently involved financing the courts. According to the National Center for State Courts, Iowa, Michigan, and Oregon are among states that have assumed greater responsibility for court costs in recent years. Il- linois, New Jersey, Ohio, and lRennsyhania are other states where this is a hot topic. Last year California set up a program expected to cost about $500 million to relieve the counties of most of the expense of supporting the Mal courts. In 1988 Wisconsin approved a plan for the state to assume the costs of local district attorneys. Other examples of increased state respon- sibility include Nebraska's and New York's in- creased assumption of local Medicaid costs and New York's takeover of the City Universi- ty of New York. One of the most contentious areas of state. local relations centers around unreimbursed mandates. States often add to local burdens by requiring local governments to provide ser- vices or meet certain standards without help- ing them pay the bill for these actions. One response to this problem has been to increase awareness of mandates by requiring fiscal notes on bills that impose significant financial costs on local governments. Fourteen states have legislative or constitu- tional requirements that states reimburse lo. calities for new mandates, but some of these provisions are honored more in the breach than the observance, since the legislature may suspend their operation in specific cases. When a mandate reimbursement require- ment Is embodied in the constitution, like California's Proposition 13, states have been mote successful In slowing the growth of new mandates, according to a new report by the U.S. General -Accounting_ Office . (which _ studied selected state programs to help Con- gress consider what to do about federal man- dates on states and localities). California, Massachusetts, and Rhode Is- land are among the states where mandate reimbursement programs have been some- what successful In restraining new mandates. Califomia is one of the few states where man- dates have actually been repealed. But Allan Burdick of the California County Supervisors' Association points out that it may be difficult to terminate an existing program just because the mandate for it has been eliminated. An unusual feature of Massachusetts' law (which derives from Proposition 24/2) Is that local governments do not have to abide by a man- date 0 the state does not pay for it. While a lot has been going on in gate -local relations, we still seem to be in the early or of a major long-term shift. Illinois Senator Dawn Clark Netsch, who chaired the NCSL State -Local Task Force last year, puts It this way: "My Impression Is that we've certainly raised the level of consciousness about state - local Issues. How much that gets trandated In- to action remains to be seen." This years task force chairman, New York Senator Charles Cook, goes a step further. "Wdie still living pretty much in a traditional mode, but thaCs going to change," he says. Cook, who chairs the New York legislature's Commission on Rural Resources, foresees a major reorganization of local governments in New York and other Northeastem states, with counties assuming some new functions and towns taking on more municipal activities. The state has an important role to play as a catalyst for these changes, which he thinks will take decades to unfold. If there is going to be major change in our state -local system, attitudes are going to have to change radically. The Task Force called on states "to stop considering Iota) governments like just another special interest group and to start treating them like partners in our federal system of providing services to citizens." This may already be occurring, but progress seems rather slow. While legislators and local leaders in many states have begun to place a higher priority on state -local affairs, the executive branch of state government has been notable by its silence. Until govemors decide to make local issues a top priority as they did the discussion of school improvement, reform of state -local relations will tend to remain on the back burner. Proponents of state -local reform may be tilting at windmills unless they can convince more people of the importance of the issue. A fundamental problem is that this area is not exactly sexy. In the words of essayist Calvin Tdllin, "Government tends to be boring, and local government bores absolutely." There may be a way to overcome this for- midable hurdle. We are living in an age when nothing .is- more _.important_ _than. com- petltiveness, and efficiency in government is highly prized. Improving the state -local - system can bolster both. When that becomes clear, a new age for state -local relations may actually emerge, confirming the proclamation of Mayor Joseph P. Riley of Charleston, S.C., that the recommendations of NCSL's Task Force on State -Local Relations would be seen as a watershed in the history of this Issue. AML Newsletter Page 9 X 7 I ALASKA MUNICIPAL LEAGUE ASSOCIATE AND ASSOCIATION MEMBERS ACCOUNTING/AUDITING Appraisal Company of Alaska Errs & Whiney First Southwest Company Hogan Mecham Richardson & Company John Nuveen & Company, Inc. Peat Marwick Main & Company National Bank of Alaska Prudential-Bache Capital Funding ATTORNEYS Purrington, Lau and Associates, Inc. Birch, Horton, ginner, 0*0 & Anderson Seattle Northwest Securities Corporatlon LrawOfficesof Scott T. Fleming Tecurity Pacific Bank Washington N.A. Hughes, Thorsmess, Gantt, Powell & Brundin Shearson Lehman Hutton, Inc. Law Offices of Timothy, G. Middleton, P.C. Preston, Thorgrimson, Ellis & Holman INSURANCE/RISK MANAGEMENT Robertson, Mc nagie & Eastaugh, P.C. Adlustco, Inc. Wshlforth, Flint & Gruening Corroon & Black, Inc. Ot)MISUITING/Pl/1NNING Financial Guardian of Alaska, Inc. r Gallagher Heffernan Insurance Broke Alaska Pacific Consultants John L. George Risk Management Alaska State library and Archives Consultant Ginny Chawmd & Company Departmem of Community & Regional Affairs OIL & GAS EXPLORATION Division dGmemmental Coordination ARCO Alaska, Inc. EDUCUM3N/TRAINI14G/INFORMATION Adak Region School District Chugach School District Lower Yukon School District Pribilof School District Romuson Library Tlingit and Haida Tribes of Alaska ENGINEERING CH2M HILL ConsuhingEngineersCouncil of Alaska (CECA) lames M. Montgomery, Consulting Engineers, Inc, Kramer, Chin & Mayo, Inc. Ott Water Engineer, Inc. URS Consultants. Inc. HNANCIAL SERVICES/ TANKING Alaska Municipal Bond Bank Chevron U.S.A., Inc. MUNICIPAL ASSOCIATIONS Alaska Association of Assessing Officer Alaska Assocation of Chiefs of Police Alaska Association of Municipal Clerks Alaska Chapter/American Planning Association Alaska Conference of Maim Alaska Fire Chiefs Association Alaska Municipal Attorneys Association Alaska Municipal Management Association Alaska Parks & Recreation Association Alaska Women In Government North/Northwest Mayon Conference Southwest Alaska Munidpal Conference Yukon Kuskokwim Delta Mayor Conference TRANSPORTATION Alaska Airlines For note lnkonationanthesefirmsand organWflons,pkaseconwfltheAMLLocalGovernmentand �' Services Directory, 1988. Interim Management (continued from page 6) keep things running smoothly until a new manager Is appointed. The use of an Interim manager has been found to be particularly useful when deci- sion makers are not sure whether they want to hire a permanent replacement by promo- tion from within an organization. It's often hard to promote an "acting manager" front within an organization when that person is also an applicant for the permanent position. If a decision Is ultimately made to hire some- one from outside and the interim replace. ment must stepback, it can create a difficult situation for everyone involved. Alaska's pro- gram, which is modeled on the Interim Management Service Program of the Interna- tional City Management Association, will be developed, marketed, and operated by the AML, with the financial help of DCRA. The expense of interviewing and employing an interim manager will be borne by the local government needing the service. AML will develop and maintain the talent bank and management referral system. The IMPS is seeking both applicants for the talent bank and municipalities who are in- terested in hiring interim managers. For more information, contact Chrystal Smith at AML, 586.1325. Thanks to Our Friends The Board of Directors, members, and staff of the Alaska Municipal League wish to thank the following firms for exhibiting a� for providing financial backing for the 3 , Annual AML Local Government Conference. They are helping to better local government in Alaska. Please let them know you ap- preciate their support. Exhibitors Adjustco, Inc. Alaska Coastal Management Program Office of Management and Budget Division of Governmental Coordination Alaska Department of Commerce and Economic Development Division of Business Development Alaska Department of Community and Regional Affairs Division of Municipal and Regional Assistance Alaska Department of labor Research and Analysis Alaska Department of Public Safety Division of Fire Prevention Alaska Department of Military and Veterans Affairs Division of Emergency Services Alaska Municipal Bond Bank Alaska Municipal League joint Insurance Association, Inc. Alaska Pacific Consultants Anchorage Water and Wastewater Utility Browning -Ferris Industries CH2M Hill International Business Machines Ott Water Engineers University of Alaska Fairbanks Technology Transfer Program U.S. Bureau of the Census Sponsors ($1,S00 and above) Alaska Airlines Delta Airlines Smith Barney Supporters ($500 and above) Alascom Anchorage Convention and Visitors Bureau Arthur J. Gallagher and Company Birch, Horton, Bittner, Cherot and Anderson Hotel Captain Cook James M. Montgomery Consulting Engineers John Nuveen and Company Preston, Thorgrimson, Ellis & Holman Prudential-Bache Capital Funding Westmark Hotels Wohlforth, Flint, and Gruening Contributors ($250 and above) Corroon and Black - - - Hogan Mecham Richardson and Compan ICMA Retirement Corporation Kramer, Chin and Mayo Peat Marwick Main and Company Shearson Lehman Hutton Page 10 November "SO �1 R a Transportation Task Force Outlines Issues, Recommends Dedicated )ser Fees late In 1987, Governor Steve Cowper cre- ated the Governor's Task Force on Transpor- tation Facilities to review the distribution of responsibility for transportation facilities. The charge given the task force was to advise the Governor and the Legislature about changes that could be made to increase the efficiency and equity of Alaska's transportation delivery system. The Governor further directed the Usk force to give its view of the course of ac- tion that should be taken to provide the best level of transportation services to Alaskans, given the limited financial resources avail- able. The twelve -member task force was struc- tured to provide a broad spectrum of views representing state policy makers, local gov- ernment policy makers, and user groups. Representing local governments were Mayors Don Gilman of the Kenai Peninsula Borough, Juanita Helms of the Fairbanks North Star Borough, Dorothy Jones of the Matanuska-Susitna Borough, Willie Good- win of Kotzebue, and Ernie Polley of Juneau and Anchorage Assemblymember Joe Evans. In an introduction to the report of the task force to the Governor and Legislature, Com- missioner Mark Hickey, who chaired the group, said, "in addition to other benefits gained, the task force has determined that the delivery of transportation services could be more efficiently and equitably provided if the continued care of some of Alaska's trans- portation facilities would be more widely distributed among various private and gov- ernmental entities:' The task force was also unanimous in recommending that the main- tenance of the transportation system should be oupported to the extent practical with dedicated user fees. Summaries of findings and recommenda. tions of the task force follow. For a copy of the complete report, contact the Commis- sioner's Office DOTPF, P.O. Box Z, Juneau, Alaska 99811.2500. Findings 1. Thecondition and efficiency of Alaska's transportation system is of vital impor- tance to all Alaskans. 2. There Is a vast inventory of transporta. lion facilities that requires constant maintenance and periodic rehabili- tation. 3. There is currently not enough funding allocated to maintain and rehabilitate the transportation system. 4. Maintenance is being increasingly defer, red over portions of the transportation system. 5. Portions of the transportation system are deteriorating and, as deterioration pro- gresses, become more costly to repair. 6. There is little likelihood that additional funding will be available from the general fund; therefore, other sources of funding need to be examined. 7. The DOTIPF is responsible for some transportation facilities that would or- dinarily in other states be the respon- sibility of local government. B. The DOfiPF's responsibility for local transportation facilities makes it difficult to give clear focus to statewide issues in- cluding performance of a statutory duty to provide statewide planning. 9. Financial considerations associated with rehabilitating local roads will need to be addressed regardless of how alignment of responsibility is resolved. 10. The frequent changes in leadership at DOTIPF cause problems that affect the efficiency of the delivery of transporta- tion services. 11. Funding for the road service account in the Municipal Revenue Sharing Program should be stabilized. Recommendations i. The maintenance of Alaska's transporta- tion system should be supported, to the degree possible, through user fees. 2. User fee revenues should be dedicated. 3. The state should have an annually up- dated six year revenue plan for trans- portation. 4. There should be greater emphasis on a costlbenefit analysis of capital projects during the state planning process. S. Responsibility for the maintenance of capital projects should be determined before they are built. 6. Responsibility for existing transportation facilities should W-clarified and revi- sions made where cost efficiencies can be clearly indicated. 7. There should be an orderly program de- veloped to transfer responsibility for some transportation facilities from the state to local government. 8. - Statutory powers of local government for providing transportation services should be made more uniform. 9. The state and local communities should eliminate duplication of transportation services in some communities. 10. The state should aggressively attempt to influence the new federal highway program. 11. The merits of creating a board of com- missioners to oversee DOTIPF should be analyzed. Ethical Insight, Ethical Action ICMA recently published Ethical Insight, Ethical Actions Ner*ecdvo for the ftaeal Gowernmed Manama The book focuses on both personal and organizational ethics, how they are interrelated, and how they both af- fect local government ethics. It Is a compen- dium of fifteen articles that examine indivi. dual vs. organizational ethics, offer guide- lines for government organizational ethics, and analyze codes of ethics in theory and practice. The book also gives advice on how to assess the ethics of individuals and ogpni- zations, how to stop passing -"the ethics buck;' and how to apply ethical tools to achieve organizational purposes. Procedures and programs to help strengthen values In local government are described. A special section details the wide-ranging arguments for and against ethical codes and describes ethical dilemmas managers are likely to bm Elizabeth IL Kellar, Associate Director of ICMA and staff advisor to ICMAs Committee on professional Conduct is the editor of Ethb atInsyht, Ethical Action. ICMA established a Code of Ethics for city managers in 1924 and has an ongoing en- forcement program. Last year the association investigated 33 ethics complaints, publicly censuring one member and privately censur- ing four members. The cases dealt with con- flicts of Interest, failure to disclose a business relationship, inaccurate resumes, and Politi- cal activity. Robert E. Smith, former manager of the Municipality of Anchorage, was pub- licly censured for violating the third tenet of the ICMA code of ethics, which calls for dedication to the "highest ideals of honor and integrity in all public and personal rela- tionships in order that the member may merit the respect and confidence of the elected officials, or other officials and employees, and of the public." Ethical Insert, Ethical Action is available from the AML Lending library or from ICMA, 1120 G St., NW, Washington, DC. 2OWS, for $21.00 plus a $3.75 processing charge. AML & AMU11A FAX N umber: - 463-5480 AML Newsletter lte ll L L J _..__-.... i ,__.r I ■'. Meet your AML Staff Since many AML members don't have a chance to visit the office in Juneau and meet the staff, werve include some "mug shots" for benefit. Please depend on these people to help you during the Conference and throughout the year. Scott A. Burgess Executive Director Phyllis Larson Administrative Assistant Chrystal S. Smith Programs Manager IIMC Produces Video on Municipal Clerk's Role The International institute of Municipal Clerks (IIMC) has produced a 15-minute video cassette entitled 'The Clerk's Worth;' which focuses on the role of the municipal clerk in local government. The popularly presented, professionally produced video is designed to inform the general public, serv- ice clubs, community groups, and municipal officials on the importance of the office of municipal clerk. it covers the historic development of the office and the variety of its duties and func- tions in cities throughout the world, with specific examples of the actual services per- formed by clerks in large and small jurisdic- tions. The video shows the need for a strong and continuous education program for municipal clerks and discusses such things as the IIMC Certification Program, the Academy - for Advanced Education, the Municipal Clerks Institutes, the Annual Conference, and the Municipal Clerks Education Foun- dation. Prepared for IIMC by the Georgia Center Glenda Catli Secretary for Continuing Education, the video is in full color, professionally narrated, and features a blend of interviews, on -site depictions, uni- que graphics, and an original music score. The project, which was almost three years in the making, came about through the efforts of the IIMC Professional Status Committee. Copies of "The Clerk's Worth" video cas- sette in VHS format can be purchased out- right for$100 or rented for a maximum of 10 days, including delivery time, for $25 plus postage (regular, express, or carrier). Special video tapes are available for showing on community, cable and regular television. There is no charge for the loan of the tape for such viewing. To order or for further information contact: Kathy Vandervort, Management Information Center, llMC Headquarters,-160 N. Altadena Dr., Pasadena, CA 91107. Phone (818) 795.6153. AML has purchased a copy of the video, which is available for loan to AML members. Call 586-1325. Kevin Smith Staff Associate MOD Update Underway — We Need Your Help AML members are reminded to com- plete the questionnaire for the Municipal officials Directory 1989 right away and to return them to the Department of Community and Regional Affairs. The in- formation gathered on these question- naires about your elected and appointed officials is needed for the new edition of this valuable publication. The League and the Department cooperate each year to publish the MOD, and we need a timely response from all of you so that we can get it published by January. If you did not receive a questionnaire, or have misplac- ed yours, please contact Judy Raynor in DCRA at 465-4750. Thanks for your help. The Municipal officials Directory 1989 should be mailed to all AML members in January. Additional copies will be available from AML. hae 12 November 1988 "• G ct ono W co t ,l L FTI ezr_�6__ 1 9 8 8 - 8 9 'State of the Borough Address' page u 'Review of The past legislative year began with a new administration. the Previous As is true with nearly any change in governmental admini- stration, there were numerous changes made, some of them Year substantive and some of them relatively superficial. Proba- bly the most substantial change was made in executive per- sonnel, most of which were initiated by senior executive members taking advantage of the state and borough early re- tirement plan. One area which had some major personnel change besides the early retirement, was in public works. We reached an end of the mejor building cycle. We we staffed for a buildingwhich had seen nearly 00 ono ca tal im rovements the past eight years. on staff was ui or er and was implemented. A review of existing borough departments ended in some minor changes in other staffing and program consolidation. In general, it was determined that borough government was in good condition both financially and functionally. 'Economy' I The economy of the borough shows signs of reaching the bottom of the recent downturn. Most troublesome still seems to be the real estate values, particularly in commercial, multi -family rentals and large residential properties. The borough assessments dropped approximately $5Q0,00g.ML from 9 "ear v ear 19fig tn mlalWar, map jawy. about 13. 14961 overall. There was an expectation that a continued erosion of the value of property would occur but at a much lower pace (59b or less). However, sales figures compiled as recently as October 15, seem to indicate that the expected slide in values will not continue. A problem area which surfaced for -the assessing department, - - industrial assessments, has been addressed by retaining a professional appraising firm to determine the value of the industrial facilities. This report will be available soon after Ki 1 } 1 1 9 8 8 - 8 9 'State of the Borough Address' Page nI ...Economy' the first of the year and will be the basis for the industrial ` assessments for 1989. Seward has been setting a standard for all of south central Alaska in aggressively working as a community to diversify and strengthen its economy. Major private investments are following in response to public investments for port, trans- portation and correctional facilities. Leading the private in- vestments are a $12 to $15 million sawmill, new and ex- panded fish processing plants, bulk fuel storage facilities to serve large marine vessels, other smaller but significant marine related investments, and several commercial activi- ties. 1988 saw 44 cruise ship dockings at the Port of Seward Furthermore, housing unit starts were up by dramatic num- bers (from 1 in 1987 to 30 through mid -October this year) and taxable sales increased by over 69o' in the first two quar- ters of 1988 (an increase of 9% in the 2nd quarter over the 2nd quarter in 1987). The Homer area has felt the positive results of the Bradley Lake Hydroelectric project. Furthermore, the fast vessel of Oceantrawl's catcher/processor fleet arrived this spring to homeport in Homer. As the first peninsula community to attract a share of Alaska's expanding bottomfish industry, public investment is going to build a more than $3 million deepwater dock to serve this and a variety of other antici- pated private investments, including cold storage and main- tenance facilities. Homer port facilities will also serve as the loading point for 26 million board feet of Korea bound logs per year for the next 10 years as a result of a major timber harvest on Ninilchik Native Association Lands. Seldovia has hired a new city manager and efforts are underway to strengthen the economic outlook in this commu- nity. The Seldovia Native Association recently negotiated a timber sale, and in the first two quarters of 1988 taxable sales held close to 1987 levels, while gross sales realized a modest increase. L 1 9 8 8 8 9 'State of the Borough Address' Page IV 1...Economy' The central peninsula has the record earn- ings of Cook Inlet fishermen, a strong summer tourism sea. son, and steady employment at the Nikiski oil and gas proc- essing facilities. Wdotna maintained its taxable odes lead over peninsula communities for the first two quarters of 1988, while Kenai had dose to an 11% gain in second quarter taxable sales over last year's second quarter. Public investments in Kenai having had a positive impact on the local economy include the now Federal Aviation Administration's Flight Service Station and the City's public dock facility. The recently completed Boat plane basin at the Kenai Municipal Airport and a proposed cold storage facility (to accommodate year-round processing of fish near the public dock) are other municipal projects aimed at stimulaV ing economic growth. Soldotna is budding on its strengths as a hub of tourism and retail trade activity with the recently completed Kenai Peninsula Visitor Information Center. However, strides have also been taken to diversify the economy with the private investment of a seafood processor and processing plant (Sea. foods from Alaska) and plans for industrial park development at the Soldotna airport. t The other areas of the borough have benefitted from the strength of the area's basic industries. These other areas ... . . . . . . . . show a significant 27% increase in gross sales for the first two quarters of 1988, while holding close to 1987 levels for taxable sales. Prospects for the future still point toward the major coal projects in the Beluga area as marketing efforts continue and for the value-added development of other penin- sula resources. F4, i 1 9 8 8 - 8 9 + 'State of the Borough Address' . Page V 'Borough The borough has six basic services which the legislature or the people of the borough have determined the borough shall Services . provide. They are: education, planning and zoning, assess- ment and collection of taxes, solid waste, emergency services ' (911), and senior citizen assistance. All other services are provided by service areas in non area -wide functions. They include: fire, ambulance (EMS), recreation, road mainte- nance, and hospitals. EMS services usually include search and rescue. Education financing continues to be the major recipient of . borough tax dollars for both facility and operating costs. The 1989 fiscal year budget allocated approximately 85% of local resources to education. -.Of the general fund appropriations, 45% was allocated to pay school debt. Of the school appro- priation, 60% was for debt. In other words, we have ex- tremely high debt payments which, if not cushioned by state a participation in the debt reimbursement program, could be staggering to the taxpayers of the borough. If the state quit paying on the school bonds, we would have to immediately double the borough tax rate if the same service base were to } be maintained. Maintenance of the entitlement payments on - school bonds has to continue to be the number one legislative ,Y priority for this municipality! The local share for school operations has reached its mad- mum- The assembly can no longer add to the local share _ - because the mill rate cap has been reached. In fact, it ap- pears that the local share will be slightly lose than it was in 1 . FY 1989. Without getting into minute details, the cap has .: been reached by a cause and effect relationship of the drop in ..... `' evaluation. Simply stated, school funding of local share is based on the ability of a community to pay. As the assessed value drops the ability to pay drops and only so much burden - - -- - is placed on the local area. We have reached the maximum burden prescribed by law. School facility construction should be at last caught up with the approval of the Seward Elementary facility. The P E i' 1 9 8 8 - 8 9 'State of the Borough Address' Page VI ...Borough emphasis now must shift to maintenance of the existing fa- cilities and the maximum utilization of existing space in order to most efficiently use what we have already built. The borough planning department has come under more intense scrutiny in the past few months because of some events that highlight deficiencies in the planning functions. The denial of a location for a drilling mud disposal site, the lack of a coherent forest management plan, the determina- tion that oil and gas drilling constitutes a noxious, injurious or hazardous activity which requires a borough permit, the problems of isolated subdivisions which require crossing of private land, and a myriad of environmental concerns within the borough bring into question the wisdom of a 'no long range planning' policy which has prevailed in the borough since it was established. The assembly, the administration, industry, communities, and the general public are going to have to arrive at some kind of consensus concerning the level of local involvement in the regulatory process. Ordinances must be within constitutional guidelines to meet legal chal- lenges. We must be careful not to reinvent the wheel and not regulate just to be regulating. We need to coordinate and communicate with other regulators so as not to overlap un- necessary jurisdictions. But we must begin to take control of our own destiny if we really are going to reflect the times and conditions that prevail today. The assessing and tax collection mandate given to the bor- ough by the State of Alaska probably is in the best adminis- trative condition that has existed in the history of the bor- ough. The decision by the assembly to request that the State Division of Motor Vehicles collect the personal property tax on licensed vehicles will reduce -the personal property ac- counts by about 12,000 (includes supplemental and re - billings). It has freed one hill -time person to work on -other - personal property auditing and the result has been that nearly $100,000,000 more in personal property, exclusive of automotive vehicles has been added to the tax rolls. In two F �; :t 1 9 8 8 M 8 9 'State of the Borough Address' page VU 7 '...Borough days 87 mobile homes were located. Almost $25,000,000 in Services' boats were logged in two boat harbors. ` Tax collections, particularly sales tax, have been tightened. However, the final procedure for enforcement, which is seizure of inventory, property, etc., is very time consuming and can take weeks through the court. It is too early to tell whether the enforcement process is really working at a level we wish. Property tax foreclosure sales have lagged behind schedule. The tax department is currently putting together a tax sale which will be scheduled in the near future. in order to have a functioning tax system we must be willing to enforce the code through to the final act of selling property for taxes due. The solid waste function of borough government is probably the most bothersome, troublesome and potentially litigous service in which we are involved. The lessons of the Sterling Waste Site should be stamped indelibly on our forehead of memory. The borough, reacting to needs of the industry and to the direction of the State Department of Environmental Conservation, provided land for a drilling mud disposal facility. In a 13 year period the program went from a noble venture to assist the development of the community to a controversial item which pitted neighbors in the area against the local and state government. The result has been a cost to the state and borough taxpayer of over $1,000,000 to clean up a facility and a need to monitor the site in perpetuity so that if any harmful substances begin to enter the ground- water they may be detected. New laws and regulations, many of which shift the burden of planning and regulating to the local government, have been - passed by Congress, thestate legislature, and the agencies responsible for the overseeing of the protection of the envi- ronment. The major area of concern for the borough remains the landfills and the issues surrounding the location and 7F1 9 8 8 8 8 --1 'State of the Borough Address' Page vm ,. '...Borough operation of the sites. The Seward site must be relocated. _ Services' The Kenai site must be closed down by edict of the City - -: Council of Kenai. The Elephant Lake site, which was pre- ------------ seated as a new central facility, has been determined to have L _ _ _.. a very sandy soils and would require a major change in operat- ing procedure as well as a very expensive road system into the site. New regulations will require lining of the sites within 24 - 36 months. The costs of transferring the waste from outlying areas continues to grow. In other words, we are up to our armpits in problems relating to solid waste and we have to begin to sort our way through the mess. - 'Future Year Solid Waste Facilities: I recommend that we begin to Considera- ease through the solid waste problems with the following tion8 & items as guidance. Recommen- 1. Locate a new site in Seward. We have two under conaid- ;;i eration and are now doing the research on soils, etc. + dations' ' 2. Put into operation at Seward a similar operation which we - have in Homer - a balefill. 3. Close down the Kenai site when the last trench is used (about Jan. 199o) and make the area a transfer site using 7, some new technology and large boxes. 4. The Soldotna site would become the facility for the central peninsula. The site to be operated under new guidelines 44 beginning July 1,1989 which will include lining and leachate collection. The Soldotna site would become a site for a baler -� and balefill which could extend its life to about 2015. All the }} waste from the central peninsula "would be deposited in this T - - .., site. An extensive system of monitoring would have to be „ installed and a plan for adequate compensation to thesur I -..- - -- -- ------ --.- -_-- rounding land owners considered. ,; ,, v - I ! i 1 9 8 8 - 8 9 'State of the Borough Address' y t Page 11 Future b. Theborough, in conjunction with private recycling inter - eats, should begin to establish a system of recycling that will u Year COnsid- reduce the waste stream into the landfills. Central in the - ". erations & program has to be an educational program to get the public , to voluntarily separate those items. which are recyclable. Recommen- Private industry involvement in this project is more than dations' desirable. It is highly unlikely that a well thought out racy- cling plan can be put into effect without private enterprise , involved in collection, storage. transportation and marketing. 6. The best estimate to put into effect the solid waste plan just outlined would be in the $9 -10 million range. The financing will probably have to be local in nature, more specifically a bond issue in the fall of 1989. We have applied to the state for matching funds, but the 60.60 program which - DEC has authorized, has not been funded for a number of ' years. If we had to fund it ourselves through sale of bonds. 1 the estimate for the cost would be about 1/2 mill (A for a „ period of 10 years. That figure does not include any adds- 1 tional operating cost, which would be substantial. t` I hope the assembly will join the administration in placing problem as the number one capital priority to address for i this p � the coming year. School Funding: I recommend that we reexamine the c >' methods we now use for determining the local share for school funding. 1. The school foundation plan has abuilt-in cap. According to the formula, only so much money maybe allocated for the ! ' T local share. In fiscal year 1989-90 the cap will be reached It f c is estimated that the local share can not exceed the amount - - ---------- - :- appropriated during FY 1988.89. - - s 2. Since maintenance and insurance for school facilities must be included in the local share for education, we will be- ''' taking a very close look at what legitimately must be charged to education. One option is to place maintenance under the z,. i,. Li - - J- ,- - i 1 9 S 8 - 8 8 'State of the Borough Address' Page Z " school board and include the maintenance budgot as part of the school budget. This would necessitate a very close identi- fication of maintenance tasks versus public works tasks. It probably would mean some personnel shifts from mainte- nance to public works, Another option would be to consoli- date the public works and maintenance departments with a school maintenance section being charged to the local share. 1. We will be submitting a rewrite of our land management 'Other and disposal ordinances. In the near future we will be able Recommen. to give the assembly a complete analysis of our land, includ- ing location, some information as to the characteristics, what dations resource values it may have and whether the land has some commitment; i.e. lease to other parties. After this analysis, we would be able to revise our code so that we can dispose of land when it is deemed in the public interest to do so. 2. I will be recommending that we consider creating another department. For lack of a better term, I will call it a "central ? services" department. There are a number of functions that ' are back-up to other departments, but belong to no depart- ment. Some of those functions are: personnel, data process- ing, emergency management, 811 communications, and senior citizen programs. Some other functions are now r within a department but should not necessarily be charged to t that department. For instance, insurance is within the fi- '' ' nance department but applies to all departments as is the case with the print shop and purchasing in finance, and ' records management with the clerk. As a result, many of the above functions tend to fend for themselves and don't always get the attention that they may deserve. s 3. We will be putting before the assembly a tax foreclosure ' - - - - - sale. We will be making this sale an annual event, to be held in the spring (April or May). We must be prepared to take the ultimate step in enforcement of our tax code. That step, of course, is sale of land and property for taxes due. t; a] '...Other Recommen- dations' r'1 1 9 8 8 - 8 9 'State of the Borough Address' Page XI 7 We will also continue to evaluate how successi d our steppe , up efforts in sales tax collection have been. I believe it is still too early to determine whether those enforcement areas we ` began to stress are really doing the job or whether we must take additional steps. 4. I recommend that we continue to give support to the Economic Development District. I feel that we must commit at least three to five years to the EDD before we can fairly evaluate whether the district truly is a tool for eco- nomic development. b. There are thirteen service areas which had a total of $10,879,953 appropriated for FY 1988-89 expenses. This is in contrast to $8,913,114 appropriated for the general gov- ernment (does not include school maintenance or insurance). In other words, more tax dollars go toward service area func- tions than toward the operation of general government. Administratively we will be analyzing how much of our gen- eral government burden is chargeable to service areas. We will also be analyzing how service areas may function more efficiently and effectively. 6. For a final recommendation, I feel we must take extreme care in the signals we send to the state capital. This year, and probably in several years to come, state revenues will be dwindling. We cannot send a message of spend, spend, spend without expecting to get back a message of cut, cut, cut. We must be prepared to adjust as oil prices move up and down. I believe that we will be asked to shoulder more and more of the burden through local resources so we must be ready to react through either curtailment of services, raising of local revenue, or both. -- I feel we should drop our involvement in the state road pro- gram as it relates to the prioritization of state improvement rMI 7 1 9 8 8 8 9 'State of the Borough Address' Pagexn ..Other on roads. We should only get involved when the legislature or the State Department of Transportation (DOT) request ReCOMMen' that we provide administration of projects. I believe we are dational misleading the public when they are told that they have to got their road on the borough's road Hat. State roads are the responsibility of the State of Alaska and all we have done is set up a buck pass system which results in the borough, the legislature and DOT pointing fingers at each other. The resident is left bewildered wondering who really is in charge. My staff and I are working on all of these recommendations and we will be bringing forward to you, the assembly and public, most of these items either by specific ordinance or by virtue of the budget. I would be pleased if any of you would respond to thisstate of the borough' message and let me know whether you agree, disagree, or have other ideas for solutions. r �MV M46 i,. wv'VA FORGET-ME—NOT SENIOR CARE 1104 MISSION AVENUE KENAIl ALASKA 9961,1 PHONEt.283-7294 HOURSt 7t3OAM — 4t00PM MONDAY THROUGH FRIDAY allNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 1 STAR GAME ANIMAL BINGO IGAME ROOM DECOR.CHRISTMAS TREE BOX GAMES MOVIE BINGO 4' CpRAlGNAME DD GAME 0 F2E�IVER'S GAME CHRISTMAS IEEAUA� SING ALONG SLIDE SHOW BAKE ` SHOP MOVIE BIRTHDAY NURSERY GOOD OLD WOMANS GAMES LUNCHEON RHYMES DAYS HOME LEAGUE BINGO BINGO BINGO I BINGO BINGO 1 2 ANIMAL 3 14 RHYME 15 6 7 GAME GAME LIST GAME CHARADES BEAUTY CENTER SHOP SLIDE SHOW SINGING CLOSED CHRISTMAS OUT TRIP MUSIC POPCORN STAFF BAKE SUPPORT MOVIE PLANNING *4v BINGO GROUP BINGO BINGO I I - I I — i4w 8 9 .0 it 12 13 4 REINDEER FAMOUS SLIDE SHOW MOVIE GAME BEAUTY PAIRS SHOP CHRISTMAS GAMES GAMES GAMES PARTY HISTORY •r DOLL TALK 160 TOGETHER MYSTERY - - BINGO - -BINOD - - - CAKE -WALK BINGO BINGO -. -- - S d 7 8 9 GAMES 0 COLOR NEW CENTER BEAUTY GAME MOVIE YEARS • CLOSED SHOP POTLUCK FOOD PREP FOOD PREJ PARTY GAMESG MUSIC I BINGO BINGO BINGO c_ i, 1 P r! TOR L.OUI SE' S CORNER �, r A MESSAGE- FTN_POM E t.^f 10 .D1 A ^ WE WILL BE TALKING THIS MONTH ABOM MANY THANKS TO THOSE WHO HELPED MAKE THE GOOD OLD DAYS, CHRISTMAS f OUR BAZAAR SO SUCCESSFUL. OVER $300 DOLLS. SCHEDULED ARE SLIDE SHOWS ON WAS RAISED DURING THE GALE, THESE CHRISTMAS, BIRTHDAYS AND MUSIC. FUNDS WILL BE USED TO PURCHASE SEVERAL OTHER ACTIVITES ARE PLANNED TO PROGRAM SUPPLIES NEEDED FOR PROGRAM EXPAND ON THESE TOPICS. WE HAVE OUR PARTICIPANTS. ALL OF US AT THE r CENTER I��IERE SADDENED BY THE RECENT REGULAR TRIPS TO THE BEAUTY SHOP SCHEDULED FOR EVERY TUESDAY.... DON'T DEATH OF MRS. ESTHER SIBLEY AND SEND � OUR CONDOLENCES TO HER FAMILY. WE YOU THINK EVERYONE COMES HOME LOOKING APPRECIATED THE GENEROSITY OF ALL I WANT THOSE ��f1HO CONTRIBUTED TO THE PROGRAM ANT TO THANK EVERYONE FOR ALL THE r MEMORY OF ESTHER. HELP WITH THE WHITE ELEPHANT SALE. IT IT WAS SO GOOD TO SEE ALL OF OUR REALLY WENT GREAT AND THE PARTICIPANTS FRIENDS AT THE THANKSGIVING LUNCHEON, REALLY ENJOYED SITTING AT THE TABLE EVERYONE HAS A GREAT TIME. THANK SELLING THE MANY ITEMS YOU DONATED. YOU'S TO RUTH AND SHERMAN PRITCHaRO, CHi�iST!•ir►S 1S ALMOST UPON US ALREADY. ANN WEST, LOUISE EARLE AND NII'dA SELBY WE HAVE THINGS TO MAKE AND BAKE FOR FOR WITH DINNER THE CHRISTMAS PARTY. SEVERAL OR ASSISTING � PREPARATIONS. � AND THANKS TO ALL THE RESIDENTS FROM HERITAGE PLACE WILL i PARTICIPANTS FOR DOING A WONDERFUL JOIN US FOR THE NEW YEARS PARTY ON THE ` 31ST.....WE PLAN TO GET OUT THE JOB! CHAMPAGNE GLASSES TO CELEBRATE. WE ARE ANXIOUSLY LOOKING FORWARD TO FAMILIES ARE ALWAYS WELCOME TO COME THE CHRISTM048 HOLIDAYS..... HAVE A AND VISIT....EVEN TO HELP PARTICIPATE! BLESSED HOLIDAY SEASON WE HOPE YOU CAN COME ..... LOVE LOUISE LOVE LIZ HAPPENINGS THIS MONTH......` E AFF PLANNING DAY A TIME TO PLAN FOR THE COMING YEAR .... THE CENTER WILL NOT BE OPEN FOR SERVICE ON THE 16TH OF DECEMBER. THIS IS OUR REGULAR STAFF PLANNING DAY. S PAR THE PARTICIPANTS AND STAFF WILL BE WORKING HARD TO PREPARE FOR THE CHRISTMAS PARTY SCHEDULED ON THE 21ST AT 1PM...... WE HOPE THAT YOU AND YOUR FAMILY WILL BE ABLE TO JOIN IN THE FUN. THE FLOWER...POINSETTIA THE STONE....TURQUOISE 2ND... PAN AMERICAN HEALTH DAY 4TH ... HANUKKAK 6TH...ST. NICHOLAS DAY 7TH... PEARL HARBOR DAY IOTH..HAPPY BIRTHDAY VIOLET BEESLER 15TH..BILL OF RIGHTS DAY 16TH..CENTER CLOSED/PLANNING DAY 13TH..HAPPY BIRTHDAY LIZ 21ST..WINTER BEGINS (OFFICIAL) 25TH..CHRISTMAS DAY 26TH..CENTER CLOSED 31ST..NEW YEARS EVE/PARTY f INAPPROPRIATE SE::UAL BEHAVIOR SHOULD A PERSON BE APPROACHED BY AN k SUPPORT GROUP ALZHEIMER, CLIENT WHO = - - - - -- - -- - -- - MAKES SPECIAL THANKS FOR THE INPUT RECEIVED INAPPROPRIATE SEXUAL ADVANCES, DO NOT f REGARDING THE--CAREGIVER--SUPPORT REACT, BUT USE DISTRACTION AND TRY TO GROUP. THE GROUP WILL CONTINUE TO CHANGE THE SCENE. TRY NOT TO CALL --- MEET ONCE EACH MONTH DURING THE NOON ATTENTION TO THEIR BEHAVIOR BECAt,IPf:,, THEY ARE NOT IN CONTROL. �,,,,1 HOUR. OUR NEXT MEETING WILL BE ON PING WITH CARBGIVING DECEMBER 13TH..... TAKE A MINUTE TO t. SHARE THE GROUP IDEA WITH A FR I END MARK DDCE mm 6TH... IiERITAGE dams IS PREswr- I i, AND THEY MIGHT JOIN YOU FOR SUPPORT! ING "DOPING WITH CAI213GIVING"... 1•'i M 7PM-10PH. VOLUNTEERS WILL NOT MEET UNT I L LESIa Moon, FRAM TILE ANCIiOmm SUPPORT JANUARY . GROUP PTILL BE MAKING THE PRESIIWATIOI`1... 191 I� F7 F FACT SHEET ON rARE!G11JERS LM 1987, A NATIONAL SURVEY OF "REGIVERS WAS CONDUCTED FOR THE AMERICAN ASSOCIATION OF RETIRED PERSONS, AND THE TP,AQELERS COMPANIES FOUNDATION. FOR PURPOSES OF THIS RESEARCH, A CAPEGIVER WAS DEFINED AS SOMEONE WHO PROVIDES UNPAID ASSISTANCE TO ti SECOND PERSON, AGED 50 OR OLDER, NEEDING HELP WITH ONE ACTIVITY OF DAILY LIVING, DRESSING, BATHING, FEEDING, TOILETING AND TRANSFERRING, OR TWO INSTRUMENTAL ACTIVITIES OF DAILY LIVING, GROCERY SHOPPING, MANAGING FINANCES, HOUSEWORK, MEAL PREPARATION, TRANSPORTATION, ADMINISTERING MEDICATIONS, ETC. WHO ARE CAREGIVERS? SEVENTY-FIVE PERCENT OF CAREGIVERS ARE FEMALE. . THE AVERAGE (AGE '3 46 WITH 28Y. UNDER 35 AND 15Y. OVER 65. SIXTY-SIX PERCENT ARE MARRIED. ONLY 37% SHARE A HOUSEHOLD WITH THE CARE RECIPIENT. APPROXIMATELY ONE-THIRD OF �REGIVERS "BECAME CAREGIVERS" vcCAUSE THEY LIVE IN CLOSE PROXIMITY TO THE OLDER PERSON; 18% BECAUSE THEY HAVE A CLOSER RELATIONSHIP WITH THE OLDER PERSONS AND 16Y. BECAUSE NO ONE ELSE WOULD DO IT. WHO DO THEY CARE FOR? CARE RECIPIENTS ARE GENERALLY RELATIVES OF THE CAREGIVER, 35%, MOST LIKELY A MOTHER. FIFTY PERCENT LIVE IN THEIR OWN HOME OR APARTMENT. FIFTY EIGHT PERCENT ARE HOUSEBOUND AND 28% OF THE HOUSEBOUND OLDER PERSONS ARE ALSO BEDRIDDEN WHILE 24% ARE WHEELCHAIR BOUND. THE AVERAGE AGE IS 77 WITH 24% OVER THE AGE OF 85. ...ENVIRONMENTAL FACTORS CHECK YOUR AGING RELATIVE'S RESIDENCE IN TERMS OF THE FOLLOWING ASPECTSe .IS THE TOILET CLOSE ENOUGH TO REACH IT IN TIME? .IS THE BED UP T00 HIGH? THE BED SHOULD BE LOW ENOUGH THAT WHEN A PERSON SITS ON THE SIDE, THEIR FEET ARE FLAT ON THE FLOOR. .IS THERE PRIVACY? SOME PEOPLE HATE TO GO TO THE BATHROOM WHEN OTHER PEOPLE AND KIDS RUNNING AHEAD TO THE TOILET. IT MAY SEEM EASIER TO WAIT, WAITING COULD BE TOO LATE. .ARE WALKING AIDS ADEQUATE? WALKING AIDS CAN MAKE THE TRIP TO THE BATHROOM EASIER. .IS THE TOILET CUBICLE LARE ENOUGH TO ACCOMMODATE A WALKER OR WHEELCHAIR? GETTING ON AND OFF THE TOILET IS NOT AS HARD ON SORE, STIFF JOINTS WHEN THE SEAT IS ELEVATED. GRAS BARS OR TOILET SEAT ARMS ALSO MAKE GETTING ON AND OFF EASIER. .IS THE PERSON BEDRIDDEN, GETTING THE PROPER BEDPANS COULD HELP WITH THE PROBLEM. IF CHANGING ANY OF THESE THINGS MAKES A DIFFERENCE, YOU HAVE FOUND THE CAUSE OF INCONTINENCE. IF THE PROBLEM IS NOT ENVIRONMENTAL, THEN PSYSHOLOGIAL PROBLEMS MAY BE THE CAUSE. ......PSYCHOLOGICAL ALTHOUGH DELIBERATE INCONTINENCE IS RARE, PSYCHOLOGICAL PROBLEMS CAN CAUSE INCONTINENCE. DEPRESSION, BECOMING LONELY, NOT FEELING IMPORTANT OR NEEDED.... INCONTINENCE CAN BECOME A SUBSTITUTE FOR SOMETHING YOUR TASK IS TO FIND WHAT THAT SOMETHING IS. IF IN FACT THE PROBLEM IS DELIBERATE INCONTINENCE, YOU MAY NEED TO SEEK PROFESSIONAL HELP. FEAR OF FALLING IS ANOTHER CAUSE. IF THE OLDER -PERSON IS UNSTEADY ON HER FEET, THE FEAR OF FALLING MAY PREVENT HER FROM GETTING TO THE BATHROOM ON TIME. DEALING WITH BLADDER PROBLEMS .......NEXT FRUSTRATION AND DISMAY ARE OFTEN THE FACTORS INITIAL - - RESPONSE -TO THE ELDER' S LOSS OF CONTROL OVER HER BLADDER. TO COPE *OUR AGING PE WITH THE SITUATION AND KEEP IT FROM ZTO COMING MORE OF A PROBLEM, YOU MUST b6JECTIVELY LOOK FOR THE CAUSE. THE PROBLEM COULD STEM FROM ENVIRONMENTAL, PSYCHOLOGICAL, 0 PHYSIOLOGICAL CAUSES. THIS MONTH W WILL REVIEW THE ENVIRONMEN L FACTORS. c r,. f. } 4 MONTH PHYSIOLOGICAL �CTIELDERCIDE 7 - - -' MONDAY iUESD'AY-.__ w`-- __ WEDNESDAY `� THURSDAY— FRIM t� , k ee P c BAKED FISH TURKEY DIVAN BAKED POTATO MASHED POTATO BROCCOLI SALAD BROCCOLI ZUCCHINI BREAD TOSSED SALAD RICE PUDDING HOT ROLL ICE CREAM SUND. SHRIMP CREOLE BBB SANDWICH HOT MEATLOAF VEAL PARMESAN SEAFOOD PLATE RICE POTATO SALAD MASHED POTATO TOSSED SALAD BAKED POTATO CORN FRUIT CUP 3—BEAN SALAD SPAGHETTI SAUCE GARDEN SALAD LIME JELLO CHOC. ICE. CR. ORANGE SECTIONS NOODLES ROLL BRAN MUFFIN CHOC. COOKIE HOT ROLL GARLIC BREAD LEMON PIE DESSERT CHEESE CAKE/FRUIT 2 BBO CHICKEN 14 PDT ROAST 15 SAME HEN 16 SHORT RIBS RED CABBAGE SAL. VEOETABLES RICE MASHED POTATOES O'BRIEN POTATO LUNCH WALDORF SALAD GREEN PEAS ASPARAGUS ICE CREAM SOLID ROCK HOT ROLL CRANBERRY SALAD HOT ROLL ROLL BIRTHDAY CAKE HOT ROLL PECAN PIE CHEESE CAKE/FRUl 9 BAKED HAM 0 NAVY BEAN SOUP 1 2 SIRLOIN TIPS 13 VEGETABLE SOUP SWEET POTATO PORK CHOP CHRISTMAS NOODLES EGO OR TUNA SAN RASPBERRY PEAR APPLESAUCE DINNER BRUSSEL SPROUTS PINEAPPLE SLAW SALAD LETTUCE WEDGE TOMATO SALAD FRESH FRUIT MUFFIN ROLL BRAN MUFFIN COOKIE PEACH COBBLER ICE CREAM SHERBET 6 7 CLAM CHOWDER iS STUFFED POTATO it CHICKEN STEAK 60 BLT SANDWICH GARDEN SALAD MASHED POTATO HOLIDAY RED SLAW MUFFIN 3—BEAN SALAD NEW YEARS FRESH FRUIT FRESH FRUIT HOT ROLL PARTY SHERBET/COOKIE DESSERT CHERRY COBBLER L tii„ COUNCIL MEETING - / a- 7 - 8 r PLEASE REGISTER: (10 minutes per person) NAME ADDRESS . V. .. .. ., � ��•i4��%�K•,r��• iy'- '„��... i..lL Ja.{: �eC^:.r.�.�,. ��•.. "`1:�si,({''�J�• 'r: _A �.. '�• 't1 • i • . t0 Q i 1 7 :9 .... •':'fit 76%i�•1�,t�- ,�V�'� ,4�w� i.i 1� L 1 JQ ' TO DO JaST DECEMBER , 1988 KENAI TY COUNCIL 1. Rec Comm., P&Z - Rev ew Alan Horaas' proposal for archeological dig i Municipal Park 2. K. Kornelis - Swir_s Rd. change order - request reimbursement of osts 3. K. Kornelis - C ck on street lights by KCHS jr