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1989-09-20 Council Packet
Kenai City Council Meeting September Packet 20, 1989 ' ji P, U �• �� IEtrI��M' C. RUSM HE y�� { �. \�AW.��O`14%Y F may. ��. �1��1"1j��RV�1r�y��lrw r rF : Errtorc�meM Adminislra9Crn i1i11oiliA Y1 - .. 2. Ordinance 1339-N - Dea un ReldAppna - 14141W., way & Taxiway C Overlay - $516,266. 3. Ordinance 1340.89 - Amend Kenai MWJCW , Code, Tide 23 - P'ersomel. 4. RaWkitiO i 89.88 - Award Coe %W - FkW Piano , Be eM Commercial - Foster Const. - + ` ` •44,240. Flout Plane Basin a. Mspecoon Proposal - ° mendsil 8 Wm Nelson - $S,500. S. Resolution 89-tt9 - Transfer of Funds - Library - a.. •2,472.77. 6. Resolution 80-70 - Award 00 Shop Concession Airport Tomillel - Ores Gifts. p The public Ms i n i sd to atleexl end PwUkWW. �* Janet Ruotaala. C MCr City Cleric AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 20, 1989 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. n B. SCHEDUVED PUBLIC COMI'l (10 Minutes) , ."r. a.-'ti Ae C. PUBLIC HEARINGS 1. Ordinance 1338-89 - Increase Rev/Appns - Drug Enforcement Administration Forfeitures - $6,819.53 2. Ordinance 1339-89 - Decrease Rev/Appns - Runway & Taxiway C Overlay - $516,265 3. Ordinance 1340-89 - Amend Kenai Municipal Code, Title 23 - Personnel 4. Resolution 89-68 - Award Contract - Float Plane Basin Commercial Slips - Foster Const. - $44,249 a. Inspection Proposal - Float Plane Basin Commercial Slips - Wm. Nelson - $5,500 5. Resolution 89-69 - Transfer of Funds - Library - $2,472.77 6. Resolution 89-70 - Award Gift Shop Concession - Airport Terminal - Orca Gifts 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. Commissions/Committees E. MINUTES 1. *Regular Meeting, Sept. 6, 1989 F. CORRESPONDENCE 1. *Sen. Fischer - Seward Hwy Road Signs - Listing of Peninsula Cities G. OLD BUSINESS 1. Resource Development Council Membership H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1341-89 - Increase Rev/Appns - Travel - Sr. Citizens Center Representative - $1,102 4. *Games of Chance & Skill - FOE Auxiliary #3525 5. Discussion - Bicentennial Visitors & Convention Bureau - Host to Arctic Winter Games 6. Approval - Election Judges, Oct. 3, 1989 Election Discussion - Bids for Airport Terminal Concessions 8. Discussion - NBA Payoff of Note - Spur S/D - Roger Holl - $50,000 9. Discussion - Bicentennial Visitors & Convention Bureau - Goals & Objectives I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT SEPTEMBER 20, 1989 INFORMATION ITEMS 1. TO DO List - Sept. 6, 1989 2. Pull Tab Locations Notification - Alaska Jaycee's 3. Library Report - August 1989 4. FAA - Airport Inspection 5. Kenai Airport Fuel Service - Paving Project - Request for Reimbursement 6. City Calendar - September 1989 7. Kenai Borough Agenda - Sept. 19, 1989 8. Billing - Airport Runway & Taxiway C Overlay - Quality Asphalt Paving - $40,709.10 i 9. Alaska DEC - FY 91 Capital Budget Request 10. Transfer of Funds Under $1,000 - Sept. 1989 11. Public Works Director Kornelis - Mayor's Request List 12. Public Works Director Kornelis - Gravel Roads In Kenai 13. Public Works Director Kornelis - TO DO List, 9-6-89 14. Kenai Borough Minutes - Aug. 15, 1989 15. U.S. Corps. of Engineers - Permit for Certain Activities on Kenai River 16. Notice of Meeting - Sept. 27, 1989 17. Alaska DNR - Kenai Recorder's Office Relocation jr V COUNCIL MEETING OF __ ?- 20 - ?I COUNCIL MEETING OF E -/ AGE NIA KE NA = C = TY COLTNC = L — REGULAR MEET = NG Sept4-__m1D4 r G , JLSS9 — 7 : OO P _ M . A _ CALL TO O RDE R 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. 13. SCHEDULED 1="UE31_A=C COMMENT (10 Minutes) C_ P UB L I C HEAR = NG S 1. Ordinance 1333-89: Amend Zoning Map - Govt Lot 44, Sec. 34 - From Suburban Residential (RS) to General Commercial (CG) - Maguire a. Substitute 2. Ordinance 1334-89: Increase Rev/Appns by $17,000 - Accepting State Library Grants 3. Ordinance 1337-89: Increase Rev/Appns by $6,604 - Payment of Legal Fees 4. Resolution 89-62: Requesting Municipal Assistance Funding from State of Alaska 5. Resolution 89-63: Authorize Participation in Oil Spill Grant Program 6. Resolution 89-64: Transfer $10,000 to Continue Litigation to Collect Special Assessments 0. COMM = S S = ON / COMM = T TE E REPORT S 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Parks & Recreation Commission 7. Planning & Zoning Commission 8. Misc. Commissions/Committees E _ M 2 NU TE S 1. *Regular Meeting, August 16, 1989 F _ CORRESPONDENCE 1. Letter from Mayor of Valdez, John Devens to Rear Admiral Yost - Review of Prince William Sound 2. Letter from Mayor Devens to Jean Baptiste Henry G _ OLD BUS = NE S S H _ NEW BUS = NE S S 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1338-89: Increase Rev/Appns by $6,819.53 - D.E.A. Forfeitures 4. *Ordinance 1339-89: Decrease Rev/Anns by $516,265 in Runway & Taxiway "C" Overly Project 5. Discussion: Return of Land Purchased from City - Ken Cusack 6. *Ordinance 1340-89: Amend KMC Chapter 23, "Personnel", Sections 23.30.010 and 23.30.020 REPORT S 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager a. ID=SC LUSS=ON 1. Citizens 2. Council K _ ADaOURNMENT KENAI CITY COUNCIL, REGULAR MEETING, MINUTES SEPTEMBER 6, 1989, 7:00 PM KENAI CITY RALL MAYOR JOHN J. WILLIAMS PRESIDING A. CALL TO ORDER Mayor Williams called the meeting to order and welcomed visiting City Clerk Nancy Anthony, Larkspur, CA. A-1 Pledge of Allegiance A-2 Roll Call Present: Chris Monfor, Marj O'Reilly, Hal Smalley, Linda Swarner, John Williams, Art McComsey Absent: Ray Measles (excused) A-3 Agenda Approval Mayor Williams spoke. a. Add Res. 89-66 as item C-8, Res. 89-67 as item C-9, Res. 89-68 as item C-10, and Bid Proposal from Wm. Nelson as item C-10a. All these items were distributed this date. b. Item E-1 (Minutes, 8-16-89) - Add insert distributed this date. C. Item F-1 and F-2 (correspondence) - Add to Consent Agenda. d. Add item H-7 - Commercial Use of Senior Center. e. Councilwoman Swarner requested item H-6 (Ord. 1340-89) be deleted from the Consent Agenda. MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, to approve the agenda as amended. Motion passed by unanimous consent. A-4 Consent Agenda Councilwoman Swarner requested item E-1 (Minutes, 8-16-89) be deleted from the Consent Agenda to make corrections and changes. Council agreed to make the changes at this time. Councilwoman Swarner. a) Page 2, the top lines on the page were deleted. b) Page 2, paragraph 5, lines 5 & 6. She did not think Councilwoman Monfor said that. Councilwoman Monfor replied that is what she said. c) Page 14, paragraph 3. Councilman Measles' name is misspelled. d) Page 14, paragraph 8, line 1. The word Treat is misspelled. Councilwoman Swarner requested the minutes be proofread in the future. Council approved the minutes as changed by unanimous consent. MOTION: Councilman McComsey moved, seconded by Councilman Smalley, to approve the Consent Agenda as amended. Motion passed by unanimous consent. B. SCHEDULED PUBLIC COMMENT KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 2 None C. PUBLIC BEARINGS C-1 Ord. 1333-89 - Amend Zoning Map - Govt Lot 44, Sec 34 - Maguire C-la Substitute Ord. 1333-89 Mayor Williams. Before action is taken, I might request Council consider technical problems. a) There is not an official plat. Attachment B in C-la is a plat of sorts, but not official. We may be opening ourselves up for some problems if we do not postpone this ordinance. Atty. Rogers. P&Z minutes, 8-23-89, page 4, make mention regarding rezoning. You would have an ordinance that would be ignored by the Kenai Borough. You have drawings, not a plat. I would suggest you table till such time as the plat has been presented and comments from P&Z. They had difficulty with procedures but went ahead to help the people. Mayor Williams, to Planning Commissioner Glick. Is there anything you would like to add to this? Commissioner Glick. There was a concern by neighbors regarding rezoning. It passed by one vote, after changes. It was agreed that the front portion would be rezoned commercial and the back residential. Atty. Rogers. P&Z minutes, 8-23-89, page 4. The last paragraph regarding a survey to be done. All you had was a diagram done by the petitioners. It would be premature to rezone till we have a plat. MOTION, Table: Councilman Smalley moved, seconded by Councilwoman O'Reilly, to table items C-1 and C-la. Motion passed by unanimous consent. C-2 Ord. 1334-89 - Increase Rev/Appns - Accepting State Library Grants - $17,000 MOTION: Councilwoman Monfor moved, seconded by Councilman McComsey, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-3 Ord. 1337-89 - Increase Rev/Appns - Payment of Legal Fees - $6,604 MOTION: Councilwoman Monfor moved, seconded by Councilman McComsey, to adopt the ordinance. There was no public comment. Atty. Rogers. We won, but we had to pay. Motion passed unanimously by roll call vote. KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 3 C-4 Res. 89-62 - Requesting Municipal Assistance Funding from State MOTION: Councilwoman Monfor moved, seconded by Councilwoman O'Reilly, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-5 Res. 89-63 - Authorize Participation in Oil Spill Grant Program MOTION: Councilwoman Monfor moved, seconded by Councilman Smalley, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-6 Res. 89-64 - Transfer of Funds - Continue Litigation to Collect Special Assessments - $10,000 MOTION: Councilman Smalley moved, seconded by Councilwoman O'Reilly, to adopt the resolution. There was no public comment. Councilwoman O'Reilly. This is Haggert? Answer - yes. Councilwoman O'Reilly. Are there any further developments? Finance Director Brown. A letter was sent a week ago, nothing since then. Mayor Williams. Please keep us posted at regular intervals. Motion passed unanimously by roll call vote. C-7 Res. 89-65 - Transfer of Funds - Items not Included in. Airport Terminal Renovation - $5,000 MOTION: Councilwoman O'Reilly moved, seconded by Councilman Smalley, to adopt the resolution. There was no public comment. Councilwoman Monfor. I thought we had new carpeting in. Airport Manager Ernst. When we did the asbestos work, during that period of time when it was sealed off, the toilets flowed over and ruined the carpet. They had to be replaced. We found the storage room in the kitchen is 1-1/2 in. lower than the hallway carpet.. It had to be leveled off. The jobs are carpet, floor leveling and baseboard in the hall. The other items are 7 wooden doors (one had to be replaced) and the vanity in the men's bathroom. During winter we left the water on so the water would remain running. The water seeped under the vanity, it had to be replaced. The aluminum trim on the window is upstairs in the hall. There is a gap between the window and the sill. We will put an edging over the sill. I intended to do with Repair & Maintenance funds, but had to do the doors. It will be from contingency. KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 4 Councilwoman Monfor. The contractor knew for one week about the carpeting before telling us? Airport Manager Ernst. That was during the time we could not go into the area. Councilwoman Swarner. The storage room floor is not the same as the existing floor? Airport Manager Ernst. It was not spotted that it was a different height. Public Works Director Kornelis. When we did the drawings, there were areas we did not go into. This is one. This is maintenance on the existing facility. The work was not part of the renovation. Airport Manager Ernst. Technically, the storage was overlooked, but which funds do you want to take it from - Repair & Maintenance or contingency? We feel we are getting a fair price. Councilwoman Swarner. Is there a leak in the roof? Airport Manager Ernst. That has been taken care of. Councilwoman Swarner. I have been told there is a company outside of Kenai that is advertising on the windows. Airport Manager Ernst. I have not seen it. Councilwoman Swarner. The name is Allen & Peterson. Airport Manager Ernst. They are the contractors for the windows. VOTE: Motion passed by unanimous consent. C-8 Res. 89-66 - Awarding Contract - Lawton Dr. Extension Street Improvements - Quality Asphalt - $53,241 MOTION: Councilwoman Monfor moved, seconded by Councilman Mccomsey, to adopt the resolution. There was no public comment. Councilman Mccomsey. This will be started immediately? Public Works Director Kornelis. It should be done by \ Oct. 1, unless the weather is bad. Motion passed by unanimous consent. C-9 Res. 89-67 - Awarding Bid - Toyon, Fathom Intersection Street Improvements - Harley's Trucking - $66,603 MOTION: Councilwoman Monfor moved, seconded by Councilwoman O'Reilly, to adopt the resolution. There was no public comment. Councilwoman Swarner. How come the engineers estimate is lower than the bids? Public Works Director Kornelis. The engineer did a cost estimate, the same as the contractor. It was too low. A lot had to do with curbing and gutters. It should be done by Oct. 15, weather permitting. Councilwoman Swarner. I was on Aliak. I hope the inspector is there every day. KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 5 VOTE: Councilman Smalley. Is there a difference in estimates because additions were added? Answer - no. Councilwoman O'Reilly. Does that include the additional $5,000 down the road? Answer - yes. Motion passed by unanimous consent. ADDED ITEM: Mayor Williams. I would like to have the Public Works Dept. follow up closer with Lawton and Kaknu. When they brought gravel in they dropped the blades and scraped the new asphalt, there are large gouges. The contractor should look at this and make reparations. Public Works Director Kornelis will check into this. Councilman Smalley. Some of the driveways were not centered on the aprons. Public Works Director Kornelis will check into this. Public works Director Kornelis. We sent certified letters asking them to look at the drawings. Councilman Smalley. I think the work was not the same as the drawings. Mayor Williams. Why was pavement cut after it was dug? Councilwoman Swarner. A manhole too. Public Works Director Kornelis. After the work was done, there was a leak found by our people. We decided we had to fix the water line. It was a small pin hole leak that was growing. It.had nothing to do with the paving. We did not discover it till after paving. We have fixed leaks there in the past, but not this one. Mayor Williams. The people involved with this had been bringing it to the City's attention for some time, as much as 2 years ago. Public Works Director Kornelis. There was one on Aliak we did fix. Councilwoman Swarner. This is at 1602 Aliak. Public Works Director Kornelis. Clyde did this.one. Councilwoman O'Reilly. How does a leak show up? Public Works Director Kornelis. We had water come to the surface and sometimes you can hear it. VOTE: Motion passed by unanimous consent. C-10 Res. 89-68 - Awarding Contract - Float Plane Basin, Commercial Slips - Foster Const. - $55,240 Mayor Williams. Why are we awarding only for basic bid? Public Works Director Kornelis. The funds are available. We could pick up one alternate, but we felt the basic bid was best. It includes parking lot for 5 slips and the road. Finance Director Brown. Technically there is no money for any of this. The original FAA grant was $667,000. With all the change orders and extra costs, we appealed for a grant increase. This has not been received. Airport Manager Ernst has verbal approval. If we do not get the additional $67,000, we will have to use airport money to do the work. We will have to come back and ask for the additional $67,000. MOTION: KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 6 Councilwoman Monfor moved, seconded by Councilman McComsey, to adopt the ordinance. There was no public comment. Finance Director Brown. If FAA does what they say they will do, we will get $67,000 from them and we will have $74,000 left of airport money to cover construction on item C-10 and inspection on item C-10a. Councilwoman Monfor. We do not have a full float plane basin now. I cannot support spending City funds for this. Councilman McComsey. There is no possible way they can get done this year? Answer - yes. Councilman McComsey. Is this for commercial slips? Public Works Director Kornelis. Yes, it has to be done in 30 days. Councilman McComsey. Anybody standing in line for these? Airport Manager Ernst. There are a couple of commercials using itinerant spaces. There may be 2 more. We do not have anybody that has paid money. The original concept of the commercial slips was brought up to use all funds at the airport. With overruns, we found out we can do the project but we do not have to. All funds are gone. It is only if you want to put funds in for this project or you can wait and see. I would like to see it done. We would not get a better price than we have. And to put commercial users on the other side would be cleaner. They would have their own entrance. They have 75 ft. slips, they could have small buildings for clientele. Eventually we will have float plane lots there. Councilwoman Monfor. What I think is bad is we do not have any written notice from FAA. We only have a few weeks left in the year. I cannot see us spending money when we do not have it in.hand. Councilwoman O'Reilly. We could hold on this till next Spring. Airport Manager Ernst. That would affect the bid price. The reason we want to use up the funds is we want to get it done. It has been with us since 1984. It is gone now. We will have to use some money because of the low bidder for airport overlay. We will have to look at other projects. I don't know if AIP money can be used for this. If we can show a need, they may go for it. Councilman McComsey. After verbal commitment, how long till we get firm commitment? Airport Manager Ernst. We asked and they were very elusive. He assured me there was no problem. Councilwoman Swarner. When did you talk to them? Answer - yesterday. Mayor Williams. Where are the funds at this point? Finance Director Brown. This project can be built with City airport money. Mayor Williams. Is there money left over from this project allocation? Finance Director Brown. Yes, if we get 10% increase. $74,000 left over now. If we get $67,000 from FAA, $74,000 can be used for this. If we don't get the increase, we will have to use $67,000 of $74,000 to supplement. .40 KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 7 Public Works Director Kornelis. FAA used to have contingency, now it is just for the amount of the project. Airport Manager Ernst. Instead of contingency, they automatically guarantee 10%. Now it is 15%. Councilwoman O'Reilly. If we get this done in early Spring with contingency, will they be operational for next year? Airport Manager Ernst. I don't think so, but I don't know if we can delay the work. Public Works Director Kornelis. Bids are for 60 days. Councilwoman Monfor. We put it out to bid and we did not know anything about it. Airport Manager Ernst. It has been in process since last year. Public Works Director Kornelis. We approved the engineering. Councilwoman Monfor. I don't think we approved going out to bid without having money. Mayor Williams. There are Federal grants. Councilwoman Monfor. But we are spending money we do not have. City Manager Brighton. It is entirely possible if it is put off till next Spring that it will not be done by next summer. Mayor Williams. Also bids may come in exceeding money we have available. In every contract we have let this year, we have been under. Come next year we may not get such a good deal. VOTE (Failed): Yes: O'Reilly, Williams, McComsey No: Monfor, Smalley, Swarner Tie vote fails. MOTION, Reconsideration: Councilman Smalley moved, seconded by Councilwoman O'Reilly, for reconsideration of Res. 89-68. Public Works Director Kornelis. We are talking about a road, 5 slips and a parking lot. Councilman Smalley. All in gravel? Public Works Director Kornelis. Yes, some guard rail. VOTE, Reconsideration: Motion passed unanimously by roll call vote. MOTION, Table: Councilman Smalley moved, seconded by Councilwoman Swarner, to table till Sept. 20 meeting. Airport Manager Ernst can contact FAA for written confirmation of funding. VOTE, Table: Motion passed unanimously by roll call vote. C-10a Bid Proposal - Float Plane Commercial Slips, Inspection & Survey - Wm. Nelson - $5,500 MOTION, Table: Councilman Smalley moved, seconded by Councilwoman Swarner, to table action till Sept. 20 meeting. KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 8 Motion passed by unanimous consent. D. COMMISSION/COMMITTEE REPORTS D-1 Council on Aging Councilwoman Swarner. The Older Alaskans Commission will be here next Wednesday. They will have a meeting at the Senior Center. Mayor Williams. The Mayor is invited. Councilwoman Swarner. There have been meetings every week regarding Congregate Housing. Program Director Porter. The Senior Connection started the $5.00 Club. 66 people contributed, $330 last month. We can use the funds for cleaning carpets, etc. - things we cannot ask Council for. we have had no negative comments. PUBLIC COMMENT: Borough Assemblywoman Glick. In the last few days we have found out we have senior citizen powers at the Assembly we did not realize. It started with a phone call from Councilwoman Swarner and conversations with Program Director Porter. Regarding the resolution at the Sept. 5 meeting. It authorized the Borough to act as connecting agent for grants from the State. Why does the Borough do this for Soldotna? In Jan. 1989 there was a presentation regarding the Borough acting as agent for a $30,000 grant for Soldotna Senior Center construction. This resolution came up with no specifics as to the grant. There may be large grants. It has snowballed. I said the Borough feels they have area -wide senior citizen powers. Seward, Kenai and Homer are grandfathered in. The proposal states area -wide power for senior citizens for areas within the Borough. Since Soldotna senior center came in after this, the Borough will act as their agent. If Kenai wanted to give up City responsibility, the Borough could take over. It was also asked, can Soldotna senior citizens receive funds on their own as a nonprofit organization? They can but they would have to provide an audit, they would have less to spend. Sterling has applied for a grant they will administer themselves and provide an audit. The Borough has 3 year audit contract, there will not be an increase without substantial changes in the contract. The Borough is writing checks for smaller organizations. They are also providing services for all centers. $120,000 among all senior center programs, plus $45,000 grant just received and $85,000 grant coming. The Borough is spending $250,000 for all seniors. What is the liability of the Borough? As long as we are just accepting grants as agent and do not enter into contracts, we have no liability. If the Borough took the responsibility for building, we would have liability. There is some discussion regarding delegating authority to Soldotna the same as Kenai, Homer and Seward. �r KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 9 Mayor Williams. We have the beginnings of infighting for the next legislative session. Our #1 project is congregate housing, it may have to compete with all projects in the Borough. Program Director Porter. Our legislators need to remember that senior housing is a higher priority than senior centers. City Manager Brighton. Is there a resolution that the Borough has area -wide powers? Assemblywoman Glick. In July 1985 the Assembly adopted Resolution 85-130 putting this on the ballot, area -wide power for operation of senior centers. It passed. City Manager Brighton. At the time this was done, it was done to get the Borough to help support from their own funds, the senior citizen programs from all over the Borough? Assemblywoman Glick. Yes, this was for the Borough to fund programs with limited funds. City Manager Brighton. One of the problems with the City is they send the same taxes to the Borough as those outside; the Borough gives extra support to those outside and the cities help to pay for all of those costs and the Borough makes no contribution to those in the cities. People in cities feel like 2nd class citizens. There are road districts, emergency districts, hospital districts, etc. Assemblywoman Glick. It is very hard to convey to my colleagues that this situation exists. D-2 Airport Commission None D-3 Economic Development Commission Mayor Williams. There was a work session Aug. 10. Mayor Williams recommended Henry Penney to replace Darren Bond and Marian Nelson representing merchants. Council approved the recommendations. Councilwoman Swarner. Why was a secretary paid to take minutes at the work session? Mayor Williams. The number of people and varying bodies there. I was in attendance, Airport Manager Ernst and 2 new members were there. Councilwoman Swarner. This is the 2nd time. Our Code says only for minutes at meetings. Clerk Ruotsala was asked to bring a copy of the Comm/Comm Secretary contract. Mayor Williams. It is good to have minutes at some meetings. I took it upon myself. D-4 Harbor Commission None D-5 Library Commission Mayor Williams recommended Brittany Nowak to the Library Commission. Council agreed with the recommendation. D-6 Parks & Recreation Commission KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 10 Recreation Director McGillivray. The Commission needs a student representative. D-7 Planning & Zoning Commission Councilman Smalley. There will be a work session at the next meeting. Councilman McComsey. On the Maguire plat (8-23-89 P&Z meeting and item C-1, 9-6-89 Council meeting). Is there water through there? Atty. Rogers. It will show in the plat. ADDED ITEM: Atty. Rogers. The Board of Adjustment decision regarding Rhyner (8-16-89 Council meeting). It is available for signing for those in attendance. It is the final draft. Feel free to review. The consensus was P&Z decision was reversed and the request was granted. D-8 Misc. Comm/Comm Mayor Williams. What about the banners? Councilwoman Swarner. Claudia Furlong was there with drawings of the banners. It was estimated they wanted 27. $125 each was listed, I thought it was $300. Councilwoman Monfor replied no. Councilwoman Swarner. The style we liked had one tie at the bottom and on an angle. It costs $1,200 to put up the banners we have now, we will need twice as much. It costs $100 each time they come out, so there is maintenance as well as purchase costs. Claudia Furlong was going to find out about colors. Councilman Smalley. The $2,400 expenditure to put up the banners. We don't have a cherry picker. Is there an apparatus the City has to cut the cost? Answer - no. Councilwoman O'Reilly. Could we buy something and attach to equipment we have? Public Works Director Kornelis. It would cost $15,000 to $20,000. It would take time to recoup. Councilwoman Swarner. There is no money in the budget for this. They wanted to look elsewhere for funds but may come to Council. E. MINUTES E-1 Regular Meeting, August 16, 1989 Approved as amended at beginning of meeting. F. F-1 John Devens, Mayor of Valdez, to Coast Guard Rear Admiral Yost - Review of Prince William Sound F-2 John Devens, Mayor of Valdez - To Jean Baptiste Henry, France Approved by Consent Agenda. G. OLD BUSINESS None KENAI CITY COUNCIL SEPTEIBBER 6, 1989 PAGE 11 H. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTION: VOTE: Councilwoman Monfor moved, seconded by Councilman McComsey, to pay the bills as submitted. Councilman McComsey. What are the garnishments? Atty. Rogers. The court orders for payment by employees, it is deducted from their checks. Councilwoman Swarner. Regarding Candlelight. Are there any problems before we give them the final check? Mayor Williams. There is the gouging in the asphalt. Councilwoman Swarner. Shall we delete this? Public Works Director Kornelis. We are holding $7,300 in contingency now. Motion passed by unanimous consent. H-2 Requisitions Exceeding $1,000 MOTION: Councilman McComsey moved, seconded by Councilman Smalley, to approve the requisitions as submitted. Councilwoman Swarner. The light on the gazebo in the Memorial Pk. I heard it would not be that much money. City Manager Brighton. It will be that much money. Motion passed by unanimous consent. H-3 Ord. 1338-89 - Increase Rev/Appns - Drug Enforcement Administration Forfeitures - $6,819.53 H-4 Ord. 1339-89 - Decrease Rev/Appns - Runway & Taxiway C Overlay Project - $516,265 Approved by Consent Agenda. H-5 Disc. - Return of Land Purchased from City - Ken Cusak ` Atty. Rogers. This would also require taxes be current. Councilwoman Monfor. Is this the same as others in the past? Answer - yes. MOTION: Councilwoman Monfor moved, seconded by Councilman McComsey, to approve the request by Ken Cusak contingent on all taxes and payments being current. Motion passed by unanimous consent. Mayor Williams. There is no water & sewer to this? Public Works Director Kornelis. Down Airport Way. Mayor Williams. They have to go under the street to get it? Public Works Director Kornelis. There is access. City Manager Brighton. There is water & sewer to lot 4. Mayor Williams. It is a long way from lot 9. One of the airport lessee concessioners expressed an interest but thought water & sewer would be excessive. Public Works Director Kornelis will take a look at it. KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 12 H-6 Ord. 1340-89 - Amend KMC Title 23 - Personnel MOTION: Councilwoman Swarner moved, seconded by Councilwoman Monfor, to introduce the ordinance. Councilwoman Swarner. The reason I had this pulled from the Consent Agenda is I think we should have something about drug testing. Mayor Williams. I have had conversations with Police Chief Ross, Atty. Rogers and City Manager Brighton regarding drug testing. This would require extensive education of Council by them as to what we can and cannot do. I would suggest a work session but no quick entrance into drug testing. Councilwoman Monfor. I don't know of any government entity on the Peninsula that does drug testing. Laidlaw Bus Co. did, but only when an accident is involved. Mayor Williams. The City could do a great deal with producing an educational base for a drug -free community if we led the way. There is some testing that is up for appeal in the U.S. courts. I don't want to involve the City till we know what it will involve. Atty. Rogers. This is not the place (in the Code) where that would be appropriate to put in other than pre -employment physicals. Councilwoman Monfor. Instead of involving Council, we should have City Manager Brighton, Atty. Rogers, Chief Ross and Chief Ivanoff review. They could report to Council. We do not have expertise and I do not want to take the time. Atty. Rogers. It may be feasible and will be expensive. City Manager Brighton. And volatile. They have not solidified in the courts enough that we can depend on. Mayor Williams. Drugs is the #1 problem in the United States. We are hoping education from the ground up will begin. There was indication at Chamber of Commerce this date that the School Board is interested and expanding. VOTE: Motion passed unanimously by roll call vote. Mayor Williams suggested Administration prepare an analysis of what is available to us in the way of tools to deal with drug problems in our community and how this City can most effectively enter into that role. City Manager Brighton. I am not sure that outside of the Police Dept., the City has a role. The State has a role, there are 2-3 agencies that are Statewide. Some are in this area. For us to duplicate what professionals are doing is a total waste. Mayor Williams suggested documents outlining what the Police Dept. is doing, what the City can do to be a deterrent (Ord., etc.) and show that the City is KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 13 deeply involved in committing themselves to be a drug -free community. Councilwoman O'Reilly. Does our employee health insurance cover treatment for drug abuse? Finance Director Brown. To a limited extent. I think - $5,000. Councilman Smalley. The School District holds in-service and requires them to be there. We could have awareness programs department by department. There are experts available. Mayor Williams. The City is doing something, as shown by Info-1 in the packet. H-7 Commercial Use of Senior Center Councilwoman Swarner. I asked it be on the agenda. There is a need in the community for a contract to rent out the Senior Center to commercial ventures. Not just department stores. In the evaluation seminar of 9-1-89, this would be good for a seminar. There is nothing in the private sector. 2 hotels are not available. The Senior Center would not be available during the day. Councilwoman O'Reilly. We need to review this with Atty. Rogers. Atty. Rogers. I could change the lease. City Manager Brighton. When you say commercial, is that all -encompassing? Clothes, groceries, or instructional such as seminars? Councilwoman Swarner. We need to look at both. Councilwoman Monfor. There is no place to find decent cosmetics. Soldotna has the Sports Arena. People in the community Say the City does not do enough. If the City does more by bringing commercial ventures down, they do not want us to. Mayor Williams. The problem is Council will take the responsibility as to who shall rent and who shall not rent. Councilwoman O'Reilly. It should be the director who decides ultimately. No one would be more careful about choosing. City Manager Brighton. It is not the physical aspects. We have to be concerned with the political implications. Council has been very careful about sponsoring people that may have competition. HEA, FAA have no competition. Council cannot give perks to such as Fred Meyer if there is business that may be competitive. If you foster competition from outside the City, businesses will be up in arms. Councilwoman Monfor. They complain because the City does not do enough. Maybe businesses need competition to bring business up. We cannot do everything for them. We are here for taxpayers as well as business. Councilwoman O'Reilly. These businesses will pay their own way. City Manager Brighton. The taxpayers will be providing a facility for business when other businesses have paid for their own facility. Mayor Williams. Nordstroms is planning to come into Kenai with cosmetics and rent at Louie's. They were looking for a broader concept. There may be areas for ..a KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 14 this. The post office building has been sold. There may be room► there for lease. The Senior Center should not be used for a commercial enterprise of that magnitude. Seminars would be a good thing for that, but not commercial sales. Councilwoman O'Reilly. The interests of the City and the interests of the Chamber of Commerce run hand in hand, but they are 2 separate entities. They have common interests. Councilwoman Monfor. Suppose there is business that wants to see if there is anyone interested in buying what they have to sell. They will rent the Center so they will not get it for nothing. If they get good response they may rent commercial space. Competition is what makes things better and cheaper. I would much rather have someone come down here than have to go to Anchorage or Soldotna. I don't think we should shut off this because we may upset the merchants. Mayor Williams. Council seems to be divided. One side is giving all responsibility to the director. Others feel unfair competition by the City would be apparent if they lease the Center at less than others rent. Could there be a compromise? Councilwoman O'Reilly. That is not fair to the consumers. Councilwoman Monfor. They should have the right to choose which business they want to buy from. Mayor Williams. The City has had their tail feathers burned where we have been involved. We should be careful. Atty. Rogers. If you open it up, you are going to need objective standards for rental. It may be good to shift the burden but the courts will not see it that way. You cannot have the facility rented based on the whim of an individual employee. The hurdle you have to overcome is the potential for harm is great. Councilwoman Monfor. Penney's has a catalog store in Soldotna and collects sales tax. They are Borough people. They want to have a style show at the Senior Center. This is a business in the Borough. Penny Dyer wants to put on a fashion show in the Borough. But we say to out -of -Borough business they cannot come? Mayor Williams. That is the problem we are faced with. This needs a work session. Councilwoman Monfor. Either we do for all or for none. Councilwoman O'Reilly suggested Atty. Rogers work out a proposal. Councilwoman Monfor. We should wait for Councilman Measles. Council agreed to put on the 9-20-89 agenda. I. I-1 Mayor Mayor Williams spoke. a. I will be out of town Sept. 13 through the end of the week on State business. I will attend the Older Alaskans Commission meeting Sept. 13. b. I will testify at the Oil Spill meeting Sept. 7 on behalf of the City, primarily regarding our claim and comparison of the "Valdez Exxon" and the "Glacier Bay." It will be a formal meeting. KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 15 C. I have been to Barrow for Alaska Conference of Mayors and AML Board of Directors. We will discuss further in November. d. AML members will be at a Sept. 19 meeting at the Borough (regarding the Borough pulling out of AML). All who feel strongly are urged to attend. It will increase our dues by $5,000 if they pull out. we will urge continuing membership. e. I met with Sen. Stevens regarding Federal and State legislation on the oil spills. Some laws are not conducive to Cook Inlet. There is considerable difference between House and Senate legislation. It could affect Cook Inlet commerce. f. The Fire Training grounds proposal. 16 agencies have beet► notified regarding our intentions. It will probably occur next Spring. g. The helicopter recovery school funding will be in the Senate on Sept. 11. I am preparing additional information. We may have positive news by the end of the month. It would be about $5 Million. I have enlisted the services of others to ensure we receive it. h. The City proposal for the boat facility. Public Works Director Kornelis is arranging a meeting to discuss the location. It will develop tourism. We anticipate the location behind Beaver Loop Mortuary. We would remove the boat ramp from Cunningham Pk. Financing, Council should be aware of. We expect $200,000 Dingall-Johnson funds, but will be short $150,000. Council should be prepared to expend $150,000 to complete this. It can be spent over 5 years. The land owner would prefer it that way. Councilwoman Monfor. We need to have a discussion about this. I did not know of it. Info 2 says work session. Mayor Williams. It was an Administrative work session, not Council work session. Councilwoman Monfor. We should know before. Mayor Williams. We have done nothing obliging the City at this point. Councilwoman Monfor. If we are going to do this, we should wait till after the election is over and discuss goals and objectives. At the same time include the municipal park. We are talking a lot of money. Mayor Williams. Whenever projects of this type start, there is preliminary work. I spoke of this at last meeting. When we get together with these people, we found out we had to have an amount ready immediately. This would have come at last meeting had I been here. In order to have this for next year, we had to have figures ready. It will be necessary to have land to build this. If we decide to do it, we will enter into negotiations with the owner. The land owner is not attuned to a land swap, just cash. It would appear Council will be involved with 50/50 match with the Feds. It was necessary to get this in place right away in order to get in next year's budget. If we have a chance between meetings, we have to take advantage of it. If we want to continue developing we must explore all areas. i. I met with Korean representatives regarding Cook Inlet development. j. A Retirement Incentive Program work session must be before Sept. 20. Councilwoman Monfor. I read KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 16 what has come from Finance Director Brown. It is too complicated, it does not have to be. We need a list of people available, cost of replacing people, their salaries over 3 years. We need to see if we meet the intent of the law and if we want to participate. Mayor Williams. These issues are more than can be discussed at a meeting. It has to be before us before Sept. 20. Finance Director Brown. There is enough time. Mayor Williams. The application process begins Oct. 1. Finance Director Brown added, to March 1, 1990. Councilwoman Monfor. The School Board has started. Mayor Williams. It is different than ours. Councilwoman Monfor. The teachers are, not the school employees. Finance Director Brown. All that was in my memo. Councilwoman O'Reilly. What is the replacement salary used? Finance Director Brown. Whatever range that position is in. B, C & D for the first 3 years. A is probation. All benefits are calculated. Council agreed to a work session. Mayor Williams. I would like to start with the Oct. 1 deadline. Councilwoman Swarner. Councilman Measles will not be here at the Sept. 20 meeting. Councilwoman Monfor. It is important he be here. It would be a disservice to Council and employees if he was not here. Council agreed to wait till after the election. k. The 2nd Council meeting in October will be Oct. 11. 1. It has been over a year since we have had a review of the City Manager, City Attorney and City Clerk. Councilwoman Swarner. We need to do this. We are doing a disservice to the employees and Council. Mayor Williams suggested Sept. 20, Oct. 4 and Oct. 11. Councilwoman Monfor. They should not be evaluated by people they have not worked with. Councilwoman Monfor. Do we have to do in executive session? Is there another alternative? We need to set guide lines, have a form to fill out, discuss with the employee with special questions in areas of the position. Council agreed to meet on Sept. 27, 7:00 PM in the Library. Mayor Williams appointed a sub -committee to establish a criteria: Councilwoman Monfor, Councilwoman Swarner, Police Chief Ross and Admin. Asst. Howard. M. Mayor Williams noted the Cook Inlet Aquaculture Assn. letter - item I-1, regarding escapement of processing fish tax. n. The Resource Development Council letter. This answers questions regarding the dues. KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 17 Council took no action. I-2 City Manager City Manager Brighton spoke. a. The seminar on Personnel Evaluation, held Sept. 1. 42 people attended - 18 from Homer, Soldotna, School District and Kenai Borough. The cost was $98 for tuition, as opposed to $114 more if they went to Anchorage. The presentor was good. b. I have had phone calls regarding duck blinds in the river bottom flat. It is permissible with shot guns by Code. Does Council have an objection to people building duck blinds? Both callers objected. Council had no objection. C. We need work regarding set net leases on City property. We have people asking us to sign leases for additional space. We charge $40 per year. These are some of the richest properties the City has. The City should realize some sort of profit, from them. As time goes by we should charge 10%-15% of the gross to receive income. We would. not charge $40 per year down town. We will provide information to Council. The State had them at one time and turned them over to the City. Councilwoman Monfor. When we do this, we also need Atty. Rogers to research the fact that the State is fairly consistent with fees all over. we may open ourselves up to problems. City Manager Brighton. We are a home rule city. We need a work session. Mayor Williams. We have talked about this for 10 years. When the State granted lands out to the 3 mile limit, the State did not give the leases over to the City because they did not want them. The City of Kenai may be only city in the State that has the capability of leasing sites. The State leases all others. I am not sure we want to delve \ into this. Councilwoman Monfor. They have only made large amounts for 3 years. What happens if they do not make any money? City Manager Brighton. 10% of nothing is nothing. Councilwoman Monfor. The State is consistent at $150. City Manager Brighton. From Administration's standpoint and revenue standpoint, the City has no problem with raising taxes. Councilwoman Monfor. How many are there? Admin. Asst. Howard. 6 to 8. We have had other people wanting more. There are inner, middle and outer sites. Councilwoman Monfor. We have to be careful of this. The State is reviewing. Council took no action. I-3 Attorney Atty. Rogers noted the litigation reports in the packet (items I-3). KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 18 1-4 Clerk None I-5 Finance Director None 1-6 Public works Director None I-7 Airport Manager Airport Manager Ernst spoke. a. We have started on the airport overlay. Weather permitting, it should be complete by the 1st week in Oct. b. Councilwoman Monfor. Is the concession open? Answer - no. Councilwoman Monfor. What is the completion date (on the terminal)? Airport Manager Ernst. About mid -Oct. It may need additional time for equipment. We open bids Sept. 14 and award Sept. 20. They can open Nov. 1. C. Councilwoman Swarner. When I went on a tour of the float plane basin, I was told there would be a bulletin board and phone at the basin. Airport Manager Ernst. We are having a building built. Councilwoman Swarner asked when. Airport Manager Ernst. The contractor's having trouble getting doors. .Wm. Nelson, Engr., did the plan. $7,000 was the bid. Public Works Director Kornelis. We had a contract with Mr. Nelson for drawings. Airport Manager Ernst. We should have it done this year. d. Mayor Williams noted the plaque from the P-3 Orion squad presented to the City, distributed this date. It will be in the display case. ADDED ITEM: \ Mayor Williams. The EDA grant request will be for $800,000 for the Bicentennial. I-7 (Contd) e. Mayor Williams. On Nov. 19, 3:00 PM, we will be having our Open House for the terminal renovation. The Airport Comm. has a subcommittee working on it. I would like to invite the tour operators, fishing guides, fisheries people, air carrier operators, all those delivering people to the airport. $15,000 promotional funds have been set aside. J. DISCUSSION J-1 Citizens a. Borough Assemblywoman Betty Glick. There will be 4 issues on the Oct. 3 ballot. One for all the Borough is bonded indebtedness for a solid waste facility, $4 Million for a baler and baler facility in Seward. If there is money left over from the bonding, they will upgrade the Soldotna land fill. Regarding extending the site usage in KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 19 Kenai, I will try to work with the Borough. In the past, members of the Kenai Council have been vocal about closing the Kenai land fill. Other propositions may be of interest: 1) Removing the limit on non -area wide port and harbor powers. It was proposed some time ago. Some limited powers were given to the Borough. No increase in the number of Borough employees, and no improvements over $1 Million unless approved by the voters. The proposal now is to remove the limit of powers so we can do maintenance and construction work, but we are not removing the $1 Million limit. It also removes the limit on new employees. There will be information in a brochure by the Borough. They are limited in the amount of money they can spend, they can only spend to educate. This is only for outside cities. 2) The other proposition is a zoning advisory proposal, zoning districts for industrial and residential areas outside cities. We have had many hearings. People are asking why there are no rules or hearings. I feel there should be some rules outside cities. There was a task force established. The ordinance is not being well received around the Borough. There was an ordinance introduced regarding appeals going directly to court. That was defeated. This is advisory. 3) Extend Anchor Pt. fire service area. There will not be mass mail outs. City Manager Brighton. Regarding zoning of property. Outside cities only? Answer - yes. City Manager Brighton. Regarding non -area wide port authority. If it is passed, any money received will be spent outside cities? Answer - yes. Mayor Williams. Any funds utilized will not be commingled with City money? Assemblywoman Glick. Any moneys generated would be utilized outside the cities. Mayor Williams. I have indicated to the Borough Mayor that there is a possibility we may \ renegotiate another year on the land fill. The Federal law for pit liners may not be for some time, they have 18 months to complete the lease. It was not our intent to be without dumpsters or any facilities when the dump closed. There will be large populated areas without any facilities, with fees for service. Councilwoman O'Reilly. According to Borough law, a station has to be 15 miles from Soldotna? Answer - yes. Councilwoman O'Reilly. People from the city could use them? Assemblywoman Glick. Yes, or go to Elephant Lake. There is a private entity that collects garbage. Mayor Williams. 15 miles is the minimum, it can be farther out. Assemblywoman Glick. In the agreement with the City there would be sites available for dumpsters. I would like to look at the agreement. Public Works Director Kornelis said he would give her a copy. Councilwoman Monfor. There was never any question with the Borough closing the dump that there would always be transfer sites for the City. Mayor ^0 KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 20 Williams. That was why we made the provisions for this. Assemblywoman Glick. Homer baling operation is a feasible operation. That is why we are looking at one in Seward. Mayor Williams. The City has worked for years to accommodate the Borough. Now they are looking at closing the land fill with no accommodations for the City. If we go into negotiations, I want Council approval regarding closing the dump. Councilman McComsey. I would like a baler also. Mayor Williams. we voted against a baler proposal. Councilwoman Monfor. People in the City paying Borough taxes should not have to go to Soldotna to dump their garbage. There is already a problem with high schools with large dumpsters and people using them. Assemblywoman Glick. It is a nation-wide problem. But there are extenuating circumstances in Kenai. I will be glad to start conversations and see how far we can go. b. Planning & Zoning Commissioner Carl Glick. A few weeks ago the City pulled up a new street (Aliak) to fix a leak. What perturbs me is Public Works Director Kornelis' answer. A lady on the street said she has been complaining for 2 years. She began to hear water running in her house and called the City. The lady at the City recognized her voice, she has called so often (Kathy Morse). She called just before she left on vacation, before the street was paved. The City should check. Mayor Williams has said the contractor scraped the road on construction. The City scraped my driveway. There was a pile of sand up to my fence. They graded up to my driveway, now the ditch has sand in it. The lawn we planted was dug up by the City contractor. If the City tore up something in the parks, it would be fixed. But they do not do it for private parties. Public Works Director Kornelis. The first I heard was after the paving. I do not recall the name Kathy Morse. Commissioner Glick. She talked to the lady at the City. Public Works Director Kornelis. I will check. If there is a problem with the driveway, I will fix it. Mayor Williams. What about Lawton Dr.? Public Works Director Kornelis. We are trying to contact the contractor. It is good sized hole, we may not be able to do till next year to give it a chance to compact. The water table is high there. Mayor Williams. I would like to see repairs done even if we have to do it again next year. Gravel is being thrown out all over the road. J-2 Council a. Councilwoman Swarner. The fountain in the Memorial Pk. looks good with the grid. There will be a flag soon. a��� KENAI CITY COUNCIL SEPTEMBER 6, 1989 PAGE 21 b. Councilwoman Swarner. Susieana Lane curb is not there. It will not be done? Public Works Director Kornelis. It will be done, but the contractor has been caught by the weather. C. Councilwoman Swarner. Regarding Aliak. Why was the manhole taken out? Public Works Director Kornelis. It was chipped out so we could get into it. I will check. d. Councilwoman Swarner. What about Glick's ditch? Public Works Director Kornelis. I will look at it Sept. 7. e. Councilwoman Swarner. The barrier at the float plane road and 4th. A truck went down the ditch and onto 4th. We need a bigger barrier. Public Works Director Kornelis. Part of the contract discussed tonight was for a guard rail on top and bottom. Councilwoman Swarner. It needs to be longer. Public Works Director Kornelis. we had a sign but it was stolen. f. Councilwoman Swarner. I am on AML Legislative committee. Does Council want me to continue? Council agreed to have her continue. g. Councilwoman Monfor requested a report before Sept. 20 meeting on how many people go into the City dump and the tonnage dumped. h. Councilwoman Monfor requested information on where the Borough taxes go for us, excluding schools. City Manager Brighton. Assessing, collecting taxes, planning dept., solid waste, senior citizen powers.. i. Councilwoman Monfor. These chairs are bad. Fix or replace them. They are noisy and squeak. Mine tips. J. Councilwoman O'Reilly. What is the fate of the Recorder's Office? Finance Director Brown. The State is going out to bid. The City could put a bid in, we will be notified. That was several weeks ago. City Manager Brighton. They will leave them there till they secure additional space. k. Councilman Smalley. We need a student member on Council. Mayor Williams appointed Councilman Smalley and Councilwoman Swarner to work with the high school to develop the program. 1. Councilman Smalley. When the streets were paved this summer, on the rights -of -way on the sides. Re -seeding was done on one side, but the ruts are still there on Lawton across from Tinker. M. Councilman Smalley. The potential for a boat launch facility in Kenai is: $150,000 would be paid back with 277 boats per day, $6 per day, for 90 days; or 100 boats per day, $6 per day, for 8 months. The City would benefit. K. ADJOURNMENT Meeting adjourned at 11:00 PM. Janet Ruotsala City Clerk 47 ur View Drive . e Alask ti k September 20, 1989 to r. William Brighton City Manager, City Of Kenai Y� Re: Bid Offer For The Airport testaurant & Lounge •' ''' Dear Mr. Brighton:..,. This is ah'offer to lease the cocktail lounge and restaurant at N t, the Kenai Municipal Airport ' It is our understandingthe tenant in the lounge and restaurant L `; MP will be required to furnish all necessary furniture and seating. It is understood that the City would provide utilities ' i . e . electricity, J sewer,and water all fixtures and valid liquor license free of all 5 ' • Y r.. - encnm trance .t,W.. _ u x ; j4 : As a tenant,• we would agree to the conditions as established by the J` City for occupancy of the lounge and restaurant and would agree to '` x, compensate the City at the following monthly rates: 464 42, stausrant h: k, .! First 18 mos.:' periodw , $ 1,250.00 ' : $ 750.00 ",� ;• 'Y Next 12 months 1,750.00 1,000.00 ; Final 2k years 2 , 500 , 00 1, 250.00 . , ; �; �. i• 4bas ;3r The above lease agreement would last for a total of five years, s :'•i+.+�;Y�' cancellable by the lessee at any time given thirty days advance written notification. Tenant would request that this agreement : c c.:.,.,.i,,.: December- 1,, 1989,.._._tenant also request the option to open the restaurant May_1 1990 with lease and option to begin on said date, May 1, 1990, R._ .. � shortening the lease period for the restaurant only. 47 ur View Drive- ,F e i Mask •36so� As the proposed operation has been twice opened for bid, with no responce to either bidding processs, should a bidding process= �v{. again' be opehdd, ,.I"vaauld. find it necessary to ' decline all offers contained herein. It is my intention to maintain a first class operation in both; bar and restaurant that will be benificial to the city and myself Above all it is my desire to operate said facility with a client : ' .•'�'"A`,!k oriented service of only the highest moral and ethical standard:,' { ` an operation of which the city will be proud. Thank you for your kindness and consideration. ky Sincerely, • °� ` � £ � Louis & Therege Sp�ii.1lh hg jR S' g. j . / file API r c —/ Suggested by: Administration City of Kenai ORDIINUK2 ND. 1338-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,819.53 IN THE GENERAL FUND FOR AS A RESULT OF DRUG ENFORCEMENT ADMINISTRATION FORFEITURES. WHEREAS, the City of Kenai has received $6,819.53 from the U.S. Dept. of Justice, Drug Enforcement Administration as a result of cash forfeitures in drug cases, and WHEREAS, the City of Kenai is required under the Equitable Sharing of Seized Assets Program to spend the money for law enforcement purposes, and WHEREAS, the Police Chief recommends granting $1,500.00 to Crime Stoppers, spending $1,300.00 on raid jackets and vehicle equipment, and spending $4,019.53 on radio equipment. 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: DEA forfeitures 19.53 Increase Appropriations: Non -Departmental - Grants $1,500.00 Police - Small tools & minor equipment 1,300.00 Police - Machinery & Equipment 4 01953 $6 .53 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 1989. ATTEST: Janet Ruotsala, City Clerk Approved by Finance:ega __ (8/23/89) jal JOHN J. WILLIAMS, MAYOR First Reading: September 6, 1989 Second Reading: September 20, 1989 Effective Date: September 20, 1989 KENAI POLICE DEPT. 107 SOUTH WILLOW ST., KENAI, ALASKA 99611 TELEPHONE 283-7879 TO: CHARLES BROWN FINANCE DIRECTOR FROM: RICHARD ROSS �L CHIEF OF POLICE SUBJECT: DEA FORFEITURES DATE: 8/23/39 In accordance with the requirements of the Equitable Sharing of Seized Assets Program the City has been awarded $6819.53 to date. The expenditure plan for these funds is as follows: $1500 Pass through funds for Crime Stoppers $1300 Small tools and minor equipment for raid jackets and vehicle equipment items $4019.53 Radio equipment Crime Stoppers is an approved program recipient by DEA for these funds. The Crime Stoppers program in our area has been very effective and the present forfeiture funds resulted from this programs success. We can anticipate receiving in excess of another $3000.00. These funds are tentatively designated for Education and Drug Information programs. RAR/sb �-a Suggested by: Administration City of Kenai ORDINANCE NO. 1339 -89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA DECREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $516,265 IN THE RUNWAY AND TAXIWAY "C" OVERLAY, PHASE II PROJECT. WHEREAS, the City has received a grant in the amount of $1,062,687 from the Federal Aviation Administration for the above mentioned project, and WHEREAS, the federal grant and the related State of Alaska matching grant, are significantly less than previously estimated as a result of a favorable construction bid, and WHEREAS, the reduced grant amounts should be reflected in the construction budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be decreased as follows: Runway & Taxiway "C" Overlay Phase II Decrease Estimated Revenues: FAA Grant $<499,611> State Grant < 16 650 <5 6 Decrease Appropriations: Construction $<516,265> PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsa a, City Clerk First Reading: Second Reading: Effective Date: Approved by Finance: 09a (8/28/89) j al September 6, 1989 September 20, 1989 September 20, 1989 I C-3 Suggested By: Administration CITY OF KENAI ORDINANCE 1340-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 23, ENTITLED "PERSONNEL," SECTIONS 23.30.010 AND 23.30.020. WHEREAS, KMC 23.30.010(i) acts as a barrier to the hiring of employees whose employment at the City may be in the best interest of the City; and, WHEREAS, KMC 23.30.020(a)(3) and (4) impose undue hardship on administration relative to selection of applicants for future employment slots; and, WHEREAS, it is in the best interest of the City of Kenai to delete KMC 23.30.010(i), KMC 23.30.020 (a)(3) and (4) from the City's personnel code. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.30.010 and KMC 23.30.020 are amended as follows: Section 1• 23.30.010 General: (a) Recruitment and appointing authority shall be vested in the City Manager. (b) Applicants must be United States citizens or eligible for employment under existing State and Federal laws and regulations in order to be employed by the City. (c) Applicants for positions in the City service need not reside within the City Limits. Departmental rules shall establish response times required by that department. (d) Minimum age for City employment shall be in accordance with State of Alaska laws. (e) Employment of qualified, handicapped persons shall be encouraged. (f) Employment rights for veterans shall be in accordance with applicable State and Federal laws. (g) Applicants must possess an appropriate valid Alaska State Driver's License, should employment require operation of a motor vehicle. -1- (h) Applicants must complete a City application form or submit a resume of sufficient detail to equate to a City form. [(i) PREFERENCE IN APPOINTMENT SHALL BE GIVEN TO QUALIFIED CITY RESIDENTS.] Section 2• 23.30.020 Appointment: (a) All appointments to vacancies shall be made solely on the basis of merit, efficiency, and fitness. These qualities shall be determined through careful and impartial evaluation of the following: (1) The applicant's level of training relative to the requirements of the position for which applied. (2) The applicant's physical fitness relative to the requirements of the position for which applied. [(3) THE RESULTS OF AN ORAL INTERVIEW. (4) WHENEVER PRACTICAL, THE RESULTS OF A COMPETITIVE WRITTEN EXAMINATION OR DEMONSTRATION TEST, WHICH SHALL BE A FAIR AND VALID TEST OF THE ABILITIES AND APTITUDES OF APPLICANTS FOR THE DUTIES TO BE PERFORMED.] (b) No question in any test or in any application form or by any appointing authority shall be so framed as to attempt to elicit information concerning race, color, ancestry, sex, national origin, or political or religious affiliation for the purposes of discriminating. (c) All statements submitted on the employment application or attached resume shall be subject "to investigation and verification. (d) If required by the department, applicants shall be fingerprinted prior to appointment. (e) Any job applicant or employee may be required to take a physical examination. In cases where a physical examination is deemed advisable, the City shall pay the cost of the examination. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: Second Reading: Effective Date: (8/29/89) September 6, 1989 September 20, 1989 October 20, 1989 C-y Suggested by: Administration CITY OF KENAI RESOLUTION NO. 89-68 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF KENAI MUNICIPAL AIRPORT FLOAT PLANE FACILITY IMPROVEMENTS COMMERCIAL SLIPS TO FOSTER CONSTRUCTION FOR THE TOTAL CONSTRUCTION AMOUNT OF $55,240.00 WHICH INCLUDES ONLY THE BASIC BID. WHEREAS, the following bids were received on September 6, 1989 for the above referenced project: CONTRACTOR BASIC BID ALT. 1 ALT. 2 ALT. 3 ALT. 4 ALT. 5 TOTAL BID Foster Construct. $55,240.00 $9235.00 $8302.50 $9190.00 $7728.00 $7615.00 $97,310.50 D & L Construct. 59,240.00 6470.00 6852.50 7225.00 7255.00 7925.00 94,967.50 CIC, Inc. 64,758.75 6615.00 6727.50 6790.00 6820.00 8070.00 99,781.25 r Engineer Estimate 58,411.00 6790.00 6940.00 '7530.00 7570.00 8730.00 95,971.00 WHEREAS, the following is a description of the basic bid and the alternates: Basic: Road and parking lot to the commercial area and for the first five (5) commercial float plane parking slips. Alternates 1 - 5: An additional slip for each alternate. WHEREAS, the recommendation from William J. Nelson and Associates, the project design consultant, the Public Works Department and the Airport Manager, is to award the contract to Foster Construction for the basic bid only, for the total construction cost of $55,240.00, and WHEREAS, the Council of the City of Kenai has determined that Foster Construction's bid for the basic bid and none of the alternates would be in the best interest of the City, and is the lowest responsible bid, and WHEREAS, sufficient monies are appropriated for the basic bid. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of KENAI MUNICIPAL AIRPORT FLOAT PLANE FACILITY IMPROVEMENTS COMMERCIAL SLIPS be awarded to FOSTER CONSTRUCTION for the total construction amount of $55,240.00 which includes the basic bid only. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this20th day of September, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance Written by Public Works U.S. Department of Transportation Federal Aviation Administration September 11, 1989 Alaskan Region 222 W. 7th Avenue * 14 Anchorage, Alaska 99513-7587 Mr. Randy Ernst / Kenai Municipal Airport Manager FOR COUNCIL MLE11 t.• OF 9 ao 8'r City of Kenai C Y or. _-Ej 210 Fidalgo Street Wwks -..-Ij tiq 04 Kenai, Alaska 99611 F ---- ----�-, *WW To satw 4104 Dear Mr. Ernst: Kenai Municipal Airport AIP 3-02-01112-04, Grant Amendment In order for FAA to process a grant amendment for the work identified in Mr. Brown's letter of August 11, 1989: the city of Kenai must submit a request for a grant increase. The city's request must also include supporting justification. Our files indicate that the FAA approved the identified work in change order No. 3 dated September 26, 1988. Pending surfacing of any unknowns, we do not see any hurdles to satisfactory processing of your request and we anticipate a favorable determination. Sincerely, Floyd H. Pattison Manager, Planning and Programming Branch Airports Division WrYL J Nelson & Associal 21 S POALGO. SUITE 204 KeNW AJ September 6, 1989 Keith Kornelis, Director of Publi� City of Kenai 210 Fidalgo Kenai, Alaska 99611 g coNSLII.TmetG Er =Re� ,p STRUCTURAL / CNIL / PLANWNNG RE: Kenai Float Plane Facility- Commercial Slips Dear Mr. Kornelis, I have reviewed the bids submitted for the Col project and have prepared a Bid Summary spread shee Three responsive bids were received from Foster C.I.C. Inc.,, and D&L Construction respectively. errors were found in the bid submitted by Foster The bid submitted by C.I.C. Inc. had an error in price for Type I Fill on Additive Alternates 3 and amount of $700.00 for a cumulative INCREASE in their total of $1400.00. D&L had an error in the extension of the unit price for Excavation on Additive Alternate No 2 that results in a DECREASE of their total bid price in the amount of $270.00. As you indicated that the City only has enough funds available to award the Basic Bid, I recommend that you award the project to Foster Construction, the low bidder for the Basic Bid, in the amount of $55,240.00. - Sincerely, Wm* J. Nelson, PE 1 i(It" .234 1 September 6, 1989 Keith Kornelis, Director of Public Works City of Kenai 210 Fidalgo Kenai, AK 99611 Re: KENAI FLOAT PLANE FACILITY COMMERCIAL SLIPS - INSPECTION & SURVEYING Dear Keith, We propose to provide construction inspection and surveying services for the Commercial Slips Basic Bid in conformance with our existing contract for the Float -Plane Facility. Our fee will not exceed $5,500.00. Sincerely, . J. Nelson, PE 0 p i . S1ipInsp.pro r 9�-6 7 ❑ 4'y C' 5- Suggested by: Librarian CITY OF KENAI RESOLUTION 89-69 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONEYS BE MADE IN THE LIBRARY ADDITION CAPITAL PROJECT FUND: FROM: Administration $2,472.77 TO: Construction 2,472.77 This transfer provides money to purchase equipment for the Library, enabling the City to close out the project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance c-� Suggested by: Administration RESOLUTION NO. 89-70 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A LEASE FOR THE KENAI MUNICIPAL AIRPORT TERMINAL GIFT SHOP CONCESSION TO ORCA GIFTS FOR A ONE TIME PREMIUM OF $1,100.00 IN ADDITION TO THE ESTABLISHED LEASE RATE OF $500.00 PER MONTH. WHEREAS, the following bids were received on September 14, 1989 for the above referenced concession: Bidder F. Dewayne Craig Orca Gifts One time premium $ 111.00 1,100.00 WHEREAS, the recommendation from the City Administration is to award the concession to Orca Gifts for a one time premium of $1,100.00, and WHEREAS, the Council of the City of Kenai has determined that Orca Gifts' one time premium would be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the lease of the KENAI MUNICIPAL AIRPORT TERMINAL GIFT SHOP concession be awarded to ORCA GIFTS for a one time premium of $1,100.00, in addition to the established lease rate of $500.00 per month. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: c 9Q Parks and Recreation Department Board of Directors City of Kenai Kenai, Alaska 99611 RE: Peninsula Oilers Baseball Field -Restricted Access Dear Directors: The Peninsula Oilers organization is a non-profit group which promotes a summer college league baseball program within the city of Kenai. It maintains and operates a baseball field located at the corner of Tinker and Walker lane within the City of Kenai. On several occasions during the recent past the General Manager of the Peninsula Oilers has stopped by the field to inspect the condition. During these occasions he has found numerous young individuals who have accessed this property for unknown purposes. Damage to the property has been found to have occurred but not necessarily on these occasions. In the normal course of events the Board of Directors of the Peninsula Oilers has determined it to be necessary to take a specific course of action related to possibly preventing a majority of these unauthorized access problems. The course action desired is for the Oilers organization to install a locking gate across the entrance to the baseball park. Hopefully this will stem the influx of unauthorized access to the park and promote a measure of safety. The Oilers organization understands that an agreement exist between themselves and the Parks and Recreation department allowing for access to the winter cross-country ski trail which exist immediately behind the baseball park. It is not the intention of this organization to limit that access and we do not feel that this would be the case. Parks and Recreation Department September 19, 1989 Page two The Oilers organization would like for the Directors of the Parks and Recreation Department to consider this letter as a request to install this gate. Again, I will say that this will not limit access to the ski trail and should provide a measure of security as well as safety. Please inform me of your decision or should you have any questions please call. My home number is 283-3253 and work is 776-8191. I thank you in advance for your time. Si erely, etr am on King Vice -President Peninsula Oilers T"-7 KE NA = P LANN = NG & 2 C:) N = NG COMM = S S = ON September 13, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. Resolution PZ89-14: Bed & Breakfast Permit for 3329 Beaver Loop Road - Joanna Hollier b. Resolution PZ89-11: Encroachment Permit for Lots 51 & 52, Redoubt Terrace S/D - Integrity Surveys for HUD (Staff Requests Postponement) 5. APPROVAL OF MINUTES of August 23, 1989 6. OLD BUSINESS 7. NEW BUSINESS a. Preliminary Plat PZ89-12: Replat Lots 51 & 52, Block 1, Redoubt Terrace S/D - (Staff Requests Postponement) 8. PLANNING Set work session for Comprehensive Plan for Thursday, September 21, 1989? 9. REPORTS a. City Council b. Borough Planning C. City Administration 10. PERSONS PRESENT NOT SCHEUDLED TO BE HEARD 11. INFORMATION ITEMS a. City Council Agenda - September 6 „ 1989 b. Borough Planning Agenda - September 11, 1989 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT KENAI PLANNING & ZONING COMMISSION REGULAR MEETING - MINUTES SEPT. 13, 1989 - 7:00 PM KENAI CITY HALL CHAIRMAN PAT NAULT PRESIDING 1. ROLL CALL Present: Pat Nault, Phil Bryson, Kevin Walker Absent: Duane Bannock (excused), Glick (excused) Also present: Councilman Smalley 2. APPROVAL OF AGENDA MOTION: Margaret Gilman, Dave Brown, Carl Commissioner Bryson moved, seconded by Commissioner Gilman, to approve the agenda as submitted. Motion passed by unanimous consent. 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS 4-a Res. PZ89-14 - Bed & Breakfast Permit - Beaver Loop Rd. - Joanna Hollier PUBLIC COMMENT: Gary Hollier, Kenai. He will speak for his mother, Joanna Hollier. Chairman Nault. Is this in an existing home? Answer - yes. Chairman Nault. Summer only or year-round? Mr. Hollier. Currently only for summer but"it would be year round if needed. Comm. Gilman. How many guests? Mr. Hollier. 2 rooms for now. She has 4 rooms upstairs, she could put people there. Chairman Nault. Are there any close neighbors? Mr. Hollier. Mike Pelsch (sp?) is across the street, just in the summer. He is still here and knows about this. Chairman Nault. Is there parking? Mr. Hollier. Yes, it is off -road, it has a turnaround. Councilman Smalley. It cannot be seen from the road. Comm. Gilman. Will you advertise? Mr. Hollier. By word of mouth. There may be a sign, are there any restrictions? Councilman Smalley. It has to be on the building. Mr. Hollier. I will find out. KENAI PLANNING & ZONING SEPT. 13, 1989 PAGE 2 MOTION: Comm. Bryson moved, seconded by Comm. Walker, to approve the permit for Bed & Breakfast. Motion passed unanimously by roll call vote. ADDITIONAL PUBLIC COMMENT: Mavis Cone. I would like to speak in favor of the permit. Mrs. Hollier has a lot of initiative and would run a good business. With her background in aviation and tourism she would do well. I would like to specify no campers or motor homes. Chairman Nault. That is covered by the R/V ordinance. Comm. Walker. If you are charging money, they are not allowed. Mrs. Cone. Is it legal for motor homes to stay in a Bed & Breakfast with a motor home? Councilman Smalley. They could bring one there but could not stay in it. Comm. Walker. You cannot stop them from driving up in a motor home as long as they do not sleep in it. There is a 30 consecutive day limit on staying in a motor home. 4-b Res. PZ89-11 - Encroachment Permit - Lots 51 & 52, Redoubt Terrace S/D Comm. Bryson. In reading the staff memo, apparently there is an encroachment. This is on Fathom & Forest, fronting on Fathom. The Borough staff recommended last night that the Borough take action on this. They did. If there is any input for the City to attach they will have to do in a timely manner. MOTION, Postpone: Comm. Walker moved, seconded by Comm. Gilman, to postpone action on the resolution. Comm. Bryson. It should be in 30 days. The Borough problem is the zoning issue, not platting. Chairman Nault. Why is it a zoning issue? Comm. Bryson. Encroachments are a zoning matter. They are modifying their property line. Planning Secy Loper wanted to correct the problems in all 3 lots because they are in common ownership. The Borough approved replatting contingent upon City comments. Chairman Nault. Could this be considered at the next meeting? Comm. Bryson. The deadline still runs for the City to get comments in. Chairman Nault. Aren't they getting a variance? Answer - no. KENAI PLANNING & ZONING SEPT. 13, 1989 PAGE 3 Comm. Walker. I have no problem with the encroachment. The only problem was staff request for postponement to do all 5 encroachments at one time. The Borough will need our comments very rapidly but if we went for an encroachment permit here we would have to do the same for all 5. Comm. Bryson. They will have to modify their request to include the additional lots. MOTION, Withdraw: Comm. Walker, with consent of second, withdrew his motion. MOTION: Comm. Bryson moved, seconded by Comm. Gilman, to adopt Res. PZ89-11. Comm. Bryson. The resolution was written up with all 3 lots mentioned. I only see 2 lots mentioned in the application. MOTION, Amendment: Comm. Bryson moved, seconded by Comm. Gilman, to amend the motion by deleting lot 50 from the resolution. Comm. Walker. We are adjusting the lines? Comm. Bryson. The plat adjusted the line between lot 51 and lot 52. Chairman Nault. Has it been replatted? Comm. Bryson. That is what this does. The plat was approved last night contingent on City action. Chairman Nault. If they redraw the plat line, they will not have encroachment? Comm. Walker. Even with an encroachment permit they may be a problem with this. Comm. Bryson. Apparently the carport may sit on the property line and a major structure cannot. The only plat before the Borough was what you see here - lots 51 & 52. 'We could have Planning Secy Loper research what was done by the Borough. It could sit till next week and stay within the 30 days. Comm. Walker requested a recess. COMMISSION RECESSED. Chairman Nault reported that during the recess the Commission discussed their concerns. MOTION, Withdraw Amendment: Comm. Bryson, with consent of second, withdrew his amendment. KENAI PLANNING & ZONING SEPT. 13, 1989 PAGE 4 VOTE, Main Motion (Failed): Yes: Bryson, Walker No: Nault, Gilman Tie vote fails MOTION, Reconsideration: Comm. Gilman moved, seconded by Comm. Bryson, for reconsideration of Res. PZ89-11 at the next meeting after staff has a chance to review. Motion passed by unanimous consent. 5. APPROVAL OF MINUTES. AUG. 23, 1989 MOTION: Comm. Walker moved, seconded by Comm. Gilman, to approve the minutes as submitted. Motion passed by unanimous consent. 6. OLD BUSINESS None 7. NEW BUSINESS 7-a Prelim. Plat PZ89-12 - Replat Lots 51 & 52, Redoubt Terrace S/D MOTION, Postpone: Comm. Gilman moved, seconded by Comm. Walker, to postpone action to the next meeting. Comm. Bryson. This is a separate issue from the encroachment problem. Modification of the property line does not correct the additional problem to the property. This corrects the carport eaves over the property line. It may not correct set -back requirements. Councilman Smalley. What do staff comments do to this? Does this presuppose that this has been done? The assumption is that the permits have been issued. Comm. Walker. We are allowing moving of a line before we have an idea if it will be done. Our best move is to postpone till we get further information from staff: Is there a utility corridor? Also, we need the minutes of the Borough Planning & Zoning meeting. KENAI PLANNING & ZONING SEPT. 13, 1989 PAGE 5 Chairman Nault. The utility easement does not show. Comm. Bryson. If there were a legal utility easement, it would remain with the amendment. VOTE (Failed): Yes: Gilman, Walker No: Nault, Bryson Tie vote fails. Comm. Walker. I would have less problem if we could strike staff comments from the permit. I don't want to presuppose till we hear from staff. MOTION, Amendment: Comm. Walker moved, seconded by Comm. Bryson, to delete comments from staff (p. 2). VOTE, Amendment: Motion passed unanimously by roll call vote. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. ADDED ITEM: Comm. Smalley. Council was wondering when you would be doing something with the recreational zone. Chairman Nault. I thought Planning Secy Loper was going to put in changes from last work session. Councilman Smalley. Perhaps it is in the new Comprehensive Plan. Chairman Nault. I would like to divide up the Comprehensive Plan and have small coicuittees work on parts of it. I will talk to Planning Secy Loper and then schedule a work session. 8. PLANNING The Commission agreed to a work session Sept. 21, 7:00 to 9:00 PM, to set up committees. 9. REPORTS 9-a City Council Councilman Smalley. Council reversed the P&Z $100 fee requirements (Aug. 16 meeting, Board of Adjustment, Rhyner, Sungate Park S/D). Comm. Walker. Mayor Williams came out with information on a proposed boat landing facility on the river (Sept. KENAI PLANNING & ZONING SEPT. 13, 1989 PAGE 6 6 meeting). Councilman Smalley. The overall goal is to turn it over to a concessioner. The City would have to put in $150,000. Councilman Smalley. Regarding the float plane basin. There was a request for construction of 5 commercial slips and gravel parking. Decision has been postponed to Sept. 20 meeting. 9-b Borough Planning Comm. Bryson. The Borough deadline referred to was for the plat itself (item 4-b & 7-a). There is no deadline but one that City ordinance might dictate. Regarding the fox farm (reported in Clarion). Borough Administration tried to handle it. It was not corrected. The odor is bad. The person can petition the Borough Assembly for reversal (of the decision) or propose modifications. He has acknowledged the problem. 9-c City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS None 12. COMMISSION COMMENTS & QUESTIONS Councilman Smalley. Council is preparing a personnel review for City Manager, Attorney and Clerk. 13. ADJOURNMENT Meeting adjourned at 8:25 PM. 444� Janet Ruotsala City Clerk 1791-1991 P !F CITY OF KE (?t21V4:W 4 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 283 - 7535 FAX 907-283.3014 MEMORANDUM 0 TO: Mayor Williams and Council Members FROM: Tim Wisniewski, Chairman Kenai Beautification Committee DATE: August 11, 1989 RE: Request for Additional Member for Committee The Kenai Beautification Committee is requesting an additional member, Mrs. Sally Bailie. Mrs. Bailie has been with the Committee since approximately 1982 serving as Council Ad Hoc. Mrs. Bailie has lent invaluable assistance to many projects taken on by the Committee and has continued that support since she left the Council. The Committee is requesting that Mrs. Bailie be appointed as an active member. Thank you for your consideration. KENAI BEAUTIFICATION COMMITTEE SEPTEMSER 12, 1989 - 1:30 PM PRESIDENT TIM WISNIEWSKI PRESIDING 1. ROLL CALL Present: Tim Wisniewski, Lil Hakkinen, Rosanna Sheldon Absent: Glen Jackson, Nina Selby, Geraldine Sparks, Pat McComsey Meeting adjourned for lack of a quorum. Janet Ruotsala City Clerk Alaska State Leoslatur9e Senator Paul Fischer Senate District D Box 784 Soldotna, Alaska 99669 (907) 262-9420 W 262-9269 August 28, 1989 City of Kenai Kenai City Council 210 Fidalgo Kenai, AK 99611 Dear Council Members: wratsyt State Senati. ���,�234567819 '0 r iJ c <,9 , w �a F-/ Juneau, Alaska 99811 (907) 465-3791 At the request of Councilwoman Swarner, my office has been in contact with the Alaska State Department of Transportation regarding road signs on the Seward Highway. In my own personal observations, as well as those of constituents, it is obvious that the milage signs along the Seward Highway do not mention a number of Kenai Peninsula cities. For the most part, Seward and Homer are the most prominently mentioned. Obviously, there are several large cities such as Kenai, that are not mentioned and need to be added. The Department of Transportation has stated that they are now in the process of adding more Kenai Peninsula Cities to their road signs on the Seward Highway. It has been determined, that as the Seward Highway is upgraded, Kenai Peninsula cities will be added to the signs. For example, the Rabbit Creek/ Potters Marsh upgrade will include a new mileage sign that will include a new Kenai Peninsula city besides Seward and Homer. My office has also written a letter to the Transportation, Central Region, maintenance reconfirmed our support for the placement o cities on their milage signs. I think we a importance of this to our tourism industry, will continue with their plan to place more their signs along the Seward Highway. Cordially, 161.1 Senator Paul A. Fischer PAF/dcm Department of department, and have f more Kenai Peninsula 11 recognize the and am hopeful that DOT Kenai Peninsula Cities on CITY OF KcnAi " Del Oad� 4 4iad" „ 210 FIDALQO KENAI, ALASKA M11 TELEPHONE 233 - 7535 September 8, 1989 Resource Development Council 807 G St., Suite 200 Anchorage, AK 99501 RE: Your billing of July 20, 1989 for the City of Kenai This bill has been submitted to the Kenai City Council on three occasions, and no action was taken by Council. anet Ruotsala City Clerk jr x=e DmmWpArnert Counci far Alaska, Inc, W1V9*W M s Box loffit6, MOld"" aw MOM WAMM Roll 47 up EXECUTIVE DIRECTOR 23 August 1989 Becky L. Gay EXECUTIVE COMMITTEE Ethel H. "Pete" Nelson, President John Forceskie, Vice Pros. Joseph E. Usibelli, Jr., Vice Pros. O.K. "Easy" Gilbreth, Secretary Larry L. Laughman, Treasurer Sharon E. Anderson Rex I. Bishopp Mr" Charles A. Brown Curtis W. Foster Marro Frey Finance Director Lin S. Garrison L Gross R. Henri City of Kenai Joseph Jos Ran Keck Robert W.LoesCNer 210 Fidalgo Stephen M. Rehnberg John Rense Kenai, AK 99611 Jerome Selby J. Shelby Stastny R.D Stock Lyie Von Bergen Dear Mr. Brown: Doug M. Webb DIRECTORS G. Anderson Thank you for your letter regarding the City of Kenai's LLa enny Arsenault Rich Baker Richard Barnes membership with RDC. James K. Barnett Steven C. Bored Robert A. Breeze Kelly M. Campbell RDC's fiscal year runs from December 1st to November AleDiane Carp tepasao Diane Carpenter 30th. Members are billed, annually, in the month they J.J. Cincotta James L. Cloud originally joined. Since the City joined in July of 1984, it Dave Cuddy Ric Davidge is billed every July for RDC's current fiscal year. John Devens Larry Dinneen Rob Dragnich Pauul& P Easley The bill you recently received is for RDC's fiscal year Don L. Finney Lee E. Fisher 1989, which covers membership services from December A. Debl>+e Fullenwider Paul Glavinovich 1988 through November 1989. Rsndy Goodrich John L. Hall W. Ralph Hargrave Alan E. Hastings I hope this letter answers all of your questions. If not, Charles F. Herbert Karen J. ;ate,, please feel free to call me at 276-0700. HHof PM 14.Domthy A. Jones John T. Kelsey ivaPhill�M. Locker Sincerely, Cod H. Marrs Chris McAfee Lan C. Miller ll John C. M RESOURCE DEVELOPMENT COUNCIL C.'Rocky Miller Lmnis nor Patterson for Alaska, Inc.H.L. ��;031 f23 Brad Phillips Gas Phillips NIIMIiam E. Schneider \ S®H. Lel ton H. Thetford Leighton Thomson 11 I (V�/j► 112. o c.,, J O� Barry Clermont V. Tillion Richard W. Tindall c� cnN �F v Paul M. Tweiten Kimberly R. Duke mil. Charles R. Webber Wiliam R.Whiteside Member Services/Administrative Assistant C6��'ti1ti5,C�, Wiliam R. Wood George P. Wuerch EX-OFFICIO MEMBERS Senator Ted Stevens Senator Frank Murkowaki Congressman Don Young i I1J 1791-1"1 CITY Of KENAI 210 R"WW now 0AW Iml TiLOOMM a • M PAX 'afi -9"14 August 17, 1989 Resource Development Council for Alaska, Inc. Box 100516 Anchorage, A1AXkn 99510-0516 Attn: Kimberly R. Duke Dear Ms. Duke: The City Council of the City of Kenai has yubLpuned action regarding payment of your invoice for the annual membership fee dated July 20, 1989. The City desires clarification of Lies Lerm of membership represented by this invoice. The invoice bLaLed that it is for annual dues, with a date of July, 1989. We have believed that this meant the term was July through June. Our City Clerk, J4neL RUQLsala, has received information from your office via t*lwjjhU11e Lhat this invoice covers membership from November, 1988 through November, 1989. Please provide me with a wriLLeri explanation of the term of membership represented by this invoice. If the term is other than July, 1989 Lhrough June, 1990, please explain the status of the City's membership frotu Lhe ld1HL expiration date of dues payment. Sincerely, Charles A. Brown Finance Director CAD/ tudi letters/rdc C 1791-19s CITY OF IC.___ -Od OajeaW 64 41a"a 1 f 210 FIDALOO . KEMAI, ALASKA 996" TELEON004E 283 7M FAX 907.283.3014 August 4, 1989 TO: Council FROM: Janet Ruotsala City Clerk RE: Resource Development Council Dues At the April 12 budget work session, Council agreed to keep the Resource Development Council membership for this year, that only elected officials would be sent to the Anchorage meetings, and they will expect a report after each meeting. The dues are for their fiscal year, Nov. 1988 through Nov. 1989. 7r W UWA it '* MUM wW WO Wl WN 6W-Ab iordri -tircf `,,.rl ►.i.++i] bi"W k&,d b"Am" w...." `f CITY OF KENAI •� 1989/90 BUDGET TUND: General DEPT: Legislative DEPARTMENT CITY MANAGER COUNCIL C N DESCRIPTION RECOMMENDED RECOMMENDED APPROVED 4534 E Advertising Ordinances, special meetings, public hearings 750 750 750 4535 Printing and Binding Packet copies when copy machine is out of order 100 Public opinion survey 200 300 300 300 5041 Miscellaneous Dues: Kenai Borough Caucus WOO A14L 450 Kenai Chamber of Commerce 325 National League of Cities 556 AK Conference of Mayors 50 Resource Development Council 1,930 Donations: Chamber lease 412 Bicentennial Visitors/Convention 110,000 Municipal League Conferences 945 Christmas Party 2,000 Miscellaneous 18,142 Legislative Report Sub. 990 Christmas Cards 100 Comm/Comm Party 1,200 City Pins 1,600 55,000 55,000 138,700 5048 Miscellaneous - Intergovernmental Coordination Agency Capital Improvement Brochures 1,500 1,500 1,500 1,500 15 � � , M,7 =,�L�, 191, �i.. 4,' + C 119 or iaska inc. EXECUTIVE DIRECTOR Becky L. Gay EXECUTIVE COMMITTEE Ethel H. "Pete" Nelson. President John ForCeskie• Vice Pros. Joseph E. Usibelli• Jr., Vice Pres. O.K. "Easy" Gilbroth, Secretary Lary L. Laughman, Treasurer Sharon E. Anderson Rex 1. Bishopp Curtis W. Foster Marro F►ey Lin S. Garrison Uwe L Gross Joseph R. Henri Dan H. Keck Robert W.Loescher Stephen M. Rehnberg John Pense Jerome Selby J. Shelby Stastny R.D. Stock Lyle Von Bargen Doug M. Webb DIRECTORS Larry G• Anderson Lenny Arsenaud Rich Baker Richard Barnes James K. Barnett Steven C. Boren Robert A. Breeze Kelly M. Campbell Alexander J. Capasso Diane Carpenter J.J. Cincotta James L. Cloud Dave Cuddy Ric Davioge John Devon$ Larry Dinneen Rob Oragnich James V. Drew Paida P. Easley Don L Finney Lee E. Fisher A. 04bbie Fullenwider 20 July 1989 Mavor John Williams City of Kenai 210 Fidalgo Kenai, AR 99611 807 "G" Street, Side M Andtorage, Alain !lNQ01. W Box 100516, Andwge, Alaska 9010 M16 WT16.1t/00 Fez 2M.3W ANNUAL MEMBERSHIP FEE JULY 1989 MEMBERSHIP CATEGORY: Community TOTAL ANNUAL DUES: $1,930.00 TOTAL PAID FOR FY 1989: $0.00 AMOUNT THIS BILL: $1,930.00 UNPAID BALANCE: $0.00 Goodrich ==RatrldL tHal TOTAL DUE: $1,930.00 W. Ralph Hargrave Atari W Hastings Chadal; F. Herbert J. Hofstad PL A. Janes PAYABLE UPON RECEIPT n" K Loberg ILtulaLrtser Thanks for your support. .�a1a aMoAltle —� .: •r rw:iMilrsw � 0 Mailo,"Oorr ClenWllt V. Tillion Rich" W. Tind&ll Paul M. Twsiten Charles R. Webber William R. Whiteside William R. Wood Go" P. Wuerch t•0FFICIO MEMBERS Strretor tad Stevens Senator Frank Murkowski Congreoenean Don Young � �Pp ti er�L k7l It Avl',U � - Wh 0imberly R. uke ����/ Member Services/Administrative Assistant) Membership dues and other financial support may be tax deductible as an ordinary and necessary business expense. Dues are not deductible as charitable contributions for federal income tax purposes. for Alaska, Inc. E)MCUTIVE DIRECTOR Poula P. Easley EXECUTIVE COMMITTEE Charles R. Webber, President K. Daniei Hinkle, Vice Pros. E. Thomas PargeMr. Vice Pros Dale P. Tubbs. Secretary J. Shelby Stosmy, Treasurer Boyd J. Brownfield Don L.Finney Robert W. Fleming' John Forceskie Mono Frey O.K. "Easy • Gilbreth John L. Hall Sara S. Hemphill Joseph R. Henri Phil R. Holdsworth John T.Keney Ethel H. "Pete" Nelson John Reese R G Rodriguez R. D Stock Ibbert I Swetnom Jack Werner DIRECTORMUNDERS' John Abshve Ham"d Ahmod Earl H. Beistlrne Rex 1. BishooP Zbert T, Blonnev Robert A. Breeze Glen E. Beggs Milton Byrd 1.,.,.. Lorry Dinneen James V. Drew James G. ••Bud" Dye' Fred O. Eastaugh' Tom Fink' Lee E. Fisher' Don R Fondell Kelly Gay Robert Gilliland Howard Grey Do4* Harbour Arthur R. Hower Bogor R. Haxby Hazol Heath Dave Heatwae Colt W. Heinmiller Charles F. Herbert M. A. Higgins Joe Jackovich Jerry E. Joan John Choon Kim Frank Klette Kay H. Losley Kay Lfnson' ra 0 L. Locker Chories E. Logsdon Dennis W. Lohse Jofhey 8. Lawenl" Poul J. Martin G. W Meeks Michell Milhollin Pot Mulligan Max D. Nalloy Richard A. Peluso William PurrFngton Irene Ryon Un S. Sloan Mary J. Sutliff Dale Teel Joe J. Thomas Richard W. Tindall Rudy J. Troscloir Joe Usibelli Lyle Von Bergen James Wakefield :yril R. Wonomaker Aniro Williams Lew M. Williams Jed Holley. Slag Consultant EX-OFFICIO MEMEERS Senator red Stevens Senator Franc Murkowski Corpresaman Don young Governor Bill SheHiola June 8, 1984 Mr. Tom Wagnor, f ayor City of Kenai 210 Fidalgo Street Kenai, AID 99611 Dear Nlayor 11agnor: 444 West I1h bm, , No lBSM4512 ¢9�011 k'f3;i e, Box 100516, And erojo, NuM 5951#4511 - UW2&"j5 N JUI� 1984 � •- J ti 0 OF KENAI tiv I tallied to Mr. William Brighton earlier this month and he asked me to contact you regarding a membership for the Citv of Kenai in the Resource Development Council. The Resource Development Council has been very involved with issues of importance to the Kenai Penninsula. Many other communities on the penninsula are already members including, the Citv of Soldotna, City of Seward and the Kenai Penninsula Borough. A membership in the Council for the City of Kenai would be a strong; signal of lour community's progressive attitude and development orientation. P.DC has been a staunch supporter of }ley Kenai issues such as the Chevron and Tesoro Rovaltv Oil contracts and the Crescent Creek mining claims. We have also been involved in the issues surrounding the Kenai Fiver Management Area legislation. The proposed plan is of concern to our organization. I have enclosed a copy of a letter from the American Land Alliance which addresses this issue. The City of Kenai is respected as a growth oriented community. Please enhance that reputation and join the Resource Development Council, an organization that shares your goals. Our activities, as summarized on the and our statewide support. The standard membership commitment for communities such as Kenai is $.02 per month per resident. You will never regret your membership in RDC, any support that you provide will be amply returned in the form of better, more constructive public policy for all of us. Thank you for your consideration, RESOURCE DWELOPMENT COUNCIL for , aaK.Abb r PI ichaeitt Financial Development Director •.3Ci"n',:'.a.w W-.� .wIF .w.].M+W.'.' •W'?6�:�1@.WR� q.u.iM�b .. .,.. PAYMENTS OVER $1.000 WHICH NEED COUNCIL APPROVAL OR RATIFICATION COUNCIL MEETING OF: SEPTEMBER 20, 1989 FOR RATIFICATION: VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT MISC. DOYLE'S FUEL SERVICE FUEL SHOP OPERATING SUPPLIES 5,039.38 HOMER ELECTRIC ASSOC. ELECTRICITY USAGE VARIOUS UTILITIES 26,119.20 WOMEN'S RESOURCE CENTER AUGUST CHILD CARE WOMENS' RESOURCE ACCOUNTS RECEIVABLE 6,874.01 PERS AUGUST RETIREMENT W/H VARIOUS RETIREMENT 21,191.56 WALTERS & OLSON INS. CO. MISC. CITY INSURANCE NON -DEPARTMENTAL INSURANCE 16.704.00 NATIONAL BANK OF ALASKA CD 9/8/89 CENTRAL TREASURY CENTRAL TREASURY 1,500,000.00 8.2% INT. TREASURY BILL 9/8/89 CENTRAL TREASURY CENTRAL TREASURY 599,443.43 8.34% INT. CD 9/15/89 CENTRAL TREASURY CENTRAL TREASURY 11600,000.00 8.2% INT. FOR APPROVAL: VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT MISC. DOORS & WINDOWS REPAIR EXTERIOR & INIERIOR DOUBLE TERMINAL REPAIR & MAINTENANCE 1,879.00 P.O. 14199 DOORS AT TERMINAL QUALITY ASPHALT PAVING PAY EST. NO. 1 CP-AIRPORT OVERLAY CONSTRUCTION 40,709.10 STATE OF AK/COMM. REG. AFFAIRS UNEXPENDED GRANT FUNDS CONGREGATE HOUSING GRANTS 89.200.00 CRIME STOPPERS DEA FORFEITURES NON -DEPARTMENTAL GRANTS 1,500.00 REQUISITIONS OVER $1,000 WHICH NEED COUNCIL APPROVAL COUNCIL MEETING OF: SEPTEMBER 20, 1989 x*att**xtttaxaatt++*xaatxaxtax+xtat+t++x+++x++xx+a+++a+++++�r:+++,:x-++::t+s�•+t,a+++++x+t++xxa+++t++++++++x+ttx++xxx+a++t+ata+++t.t�;t+�sr.x+r:� VENDOR DESCRIPTION t+*xa*attaaaatat***tttxtxtx+a+x++++xx+t+++xa+++:rxxf•++.-,+s+t:r.+�-+:rsx+�+x::r;{aa:i++++t++DEPARTMENT +t+xxtt++x+xaxt.xACCOUNT AMOUNT OFFICE PLACE 2-am WIIEELWRII'ER 'TYPEWRITERS Cf'-LIBRARY AUDN, SOUTHCENTRAL COMMUNICATIONS INSTALL WATER DEPT. COMMUNICATION SYSTEM WATER CONSTRUCTION 1.776.50 REPAIR & MAINTENANCE 4.481.44 N Suggested by: Administration City of Kenai ORDINANCR NO. 1341-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,102 IN THE "MISCELLANEOUS OLDER ALASKANS GRANTS" FUND. WHEREAS, the State of Alaska has awarded the City of Kenai a grant in the amount of $1,102 to be used for travel expenses and registration to attend a training conference for state project directors in Worcester, Massachusetts on November 2nd and 3rd, 1989. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Misc. Older Alaskans Grants Fund Increase Estimate Revenues: State Training Grant $1,102 Increase Appropriations: Transportation $1,027 Miscellaneous 75 11,102 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of October, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: September 20, 1989 Second Reading: October 4, 1989 Effective Date: October 4, 1989 Approved by Finance: e� (9/8/89) ' jal Rokwo fM wNts and yellow copies of pale! I a0 R W. t, Ak�N1a QiI�AarTR of Rewrnus f "JFlt t3oxt�ant t1i111 k+I4rltit DMsio n ' Juneau, Alaska 99611-0400 Games of Chance and Contests of Skill MONTE COWPERMIT APPLICATION m lwift) Please read the instfuctIms before completing this application. 1. NAME OF ORGANIZATION 6. ESTIMATED 1M GROSS RECEIPTS ) y t-IE,t'il Mailing Address 8A. RENEWAL APPLICATION J^ �0 5"� > �r /� % �> c ,5N to= % I Most Recent Year Permit Numbef,,OI : 8? - a"// Issued: / ref City, State, Zip Code Attach the following: Current Alaska membership list (must have at least 25 members) ❑ Copy of amendments to bylaws, if any 2. TYPE OF ORGANIZATION. Check one box. For definitions, 3. EVENT SCHEDULE During the calendar year, you may apply for see AS 06.15.210 and 15 AAC either one permit for an event 68. NEW APPLICATION 105.010 OW. ❑ a. Charitable lasting no more than three con- secutive days, or for up to three Number of Years Organization permits for events lasting no Has Seen in Existence in Alaska: ❑ b. Civic or Service more than one day each. A "day" Attach the following: ❑ G Dog Mushers' Association is any consecutive 24-hour per- iod. You may apply for only one ❑Current Alaska membership list (must have at least 25 members) ❑ d. Educational "event" on this application. ❑ Certified true copy of articles of incorporation, or if not incor- ❑ e. Fishing Derby Association porated, copy of bylaws and national and state charters I. Fraternal BEGINNING ENDING ❑ Copy of IRS certificate or letter of tax exemption issued to non - ❑ g. Labor DATE DATE profit organizations, if applicable El Documentation showing organization has been in existence in El h. Municipality ii t �; %�� Alaska three years or more ❑ 1. Non-profit Trade Name and Mailing Address of National Organization (if applicable): Association ACTUAL HOURS OF OPERATION El j. Outboard Motor Association � Pt./" Tc> ❑ k. Police or Fire Department and Company ❑ I. Political ❑ m. Religious 7. FEE Check the appropriate box and enclose the correct amount. ❑ n. Veterans If gross receipts from all Then the 1988 gaming activities were: Permit Fee is: �. $0.$19,9� or if Applicant ......... $ 20.00 you are a New a. ORGANt D AS: 19 Corporation El Other ❑ $20,000•$99,999 ............................. $ 50.00 ❑ $100,000 or more ............................. $100.00 S. LOCAL OFFICERS (must be current, bona fide members in good standing) NAME TITLE SOCIAL SECURITY NO. DAYTIME TELEPHONE NO. /llne,,,-,/} /d1 R{tE S , /` PCs i,NFAI i BE;-C V F4 Cl - V o/¢!✓ �Gtr�e /�-� E.t'- �'�CJ � r i C' E' - � (, 7 - .,�'r' -' .� 4• G � JC'I ' vZ1�' 3 - �.3 5� run DEPARTMENT 1 OF.REVENUE USE ONLY Date of Receipt Stamp Permit Number. Date of Issue: Financial Statement: ❑ Yes ❑ No ❑ New NOTICE: GAMING ACTIVITIES MAY NOT BE CONDUCTED UNTIL THE PERMIT IS ISSUED. Form 04415 rap. I lr+aM. >aeal PLEASE ALLOW AT LEAST THREE WEEKS FOR RECEIPT OF THE PERMIT. 9. DEDICATION OF NET PROCEEDS. Before a permit can be granted, the organization mush plan to use the net proceeds from gaming activities for the awarding of prizes, and for it#�, educatlkiltal. ICtiiMiC, ptftlll�„ charitable, pa��fotic or rellifitous uses M Alaeka(S"InetruoflOns for specific rules on how proceedsl cAh and cannot be OWL) In ttie space below, too how your organization plans to use the net prods from the gaming activities. Be specific .5c_ Fe e 11 ,V,0 / .5,'- %coo ,4V.o 44FE4 -5 /11 70 EN T_s 10. PERSON IN CHARGE OF GAMES. This must be a bona fide and active member of the qualified organization, or an employee of the municipali- ty. This person is responsible for maintaining the records and preparing all the required reports. An alternate member must be designated as the responsible person during the absence of the member in charge. If more than one alternate is to be designated, attach a separate sheet. A. PRIMARY S. ALTERNATE Name E !- L E _ Dayt ime Telephone No. 0?-.;?e.?- �3 Name f �Z . i �t'ic Daytime Telephone No. 9c,7- &3'-.3�z Mailing Address Social Security No. Mailing Address Social Security No. Cliy, StMs6 Zip Code Sc%CJ�o�if/ /� ✓� �C.. f>RS „FA � %6 � City, State, Zip Code ,E/►�.�1 / �r �. A5,6 ,¢ %l d / 11. LOCATION OF ACTIVITIES. Specify where the games will be conducted. If this location changes, you must notify both the Department of Revenue and the local government within 10 days. Name and 9trest Address of Premises Daytime Telephone No. of Premises 12. OPERATOR (if any). If an operator is employed to conduct the gaming activities, you must provide a copy of the contract with the operator to the Department of Revenue. You may contract with only one operator for each type of gaming activity. The member who has been designated above as the person in charge of the games is responsible for monitoring the operator's performance. --.., n..e +-, I Cnm of Cnntract With nnsrstnr _ ❑ Is Attached ElWill be sent by certified mail no later than 15 days before the /✓/A — L'� h i� / F �' activities are conducted. 13. THESE QUESTIONS MUST BE ANSWERED. YES NO ❑ A. Has any person listed in 10 or 12 above ever been convicted of, in prison for, or on parole for a felony within the preceding five years? ❑ ( B. Has any person listed in 10 or 12 above ever been convicted of a crime involving theft or dishonesty, or has ever been convicted of a violation of a municipal, state, or federal gambling law? ❑ C. Will any person listed in 10 or 12 above receive compensation of any kind from the receipts of the gaming activities? If yes„ explain. u. SIGNATU RE. This application must be signed by the primary person in charge of games listed in 10A above. CAUTION: A photocopied signature will not be accepted. Make sure that the original signed application is filed with the Department of Revenue. 1 declare under penalty of unsworn falsification that I have examined this application, including any attachment, and that to the best of my knowledge and belief it is true and complete. I understand that any false statement made on this application Is punishable by law. I further declare that two copies of this application either have been or will be delivered to the nearest city or borough office for review. Ignatu -7� Printed Name / Date X 15. APPROVAL REQUIRED BY LOCAL LAW ENFORCEMENT AGENCY. Before filing your application, you must have it approved by the law enforce- ment agency which has jurisdiction over the location of the proposed activity. The statement below must be signed before a permit can be Issued. Wo annrove the schedule of Monte Carlo activities as specified on this application. Signatureof Law Enforcement Agency Official Date Telephone Printed Name of Person who Signed Above Title/Position Name of Law Enforcement Agency 16. CITY OR BOROUGH RESPONSE TO APPLICATION. In addition to the local law enforcement agency approval, you must also submit two copie, of this application to the city or borough nearest to the location of the proposed gaming activities. To speed processing, please have the ap- propriate local government official indicate, by signature below, the community's approval of or objection to the permit. CAUTION: If this section Is not completed, the permit will be delayed 15 days to allow the city or borough time to respond to this application. THIS APPLICATION HAS LOCAL GOVERNMENT APPROVAL: ❑ Yes ❑ No (Attach explanation of objection) Signature of Local Government Official Itle Date Printed Name of Person Who Signed Telephone No. J I - 7,,3\ BICENTENNIAL aV6t m .CG - Ca°rje W aMeA a, 5ratue." Mr. Bill Brighton, City Manager CITY OF KENAI 210 Fidalgo Street Kenai, Alaska 99611 Dear Bill: (/agou and C # - Jr September 1, 1989 As you may recall, in 1986 the Chambers of Commerce of Kenai and Soldotna as well as the cities of Kenai and Soldotna, joined in a combined effort to prepare to bid to host the "1988 Arctic Winter Games" here in the Central Peninsula. As you know, our efforts were to no avail when the Alaska State Legislature officially supported the bid from the Municipality of Fairbanks as well as granted State monies to Fairbanks with which to host the Games. We have once again been contacted by members of the Board of the Arctic Winter Games and asked that consideration be given to proceed with submission of a bid for the 1992 Arctic Winter Games. In discussions with Fairbanks, it appears that the State of Alaska has set a precedent in the past with allocation in the amount of $500,000 to $700,000 to the hosting communities. However, much effort and cost will be involved in the preparation and planning for the 1,000+ participants in the Games. Therefore, it is our intent to officially request approval from both the cities of Kenai and Soldotna as well as the Chambers of Commerce, to proceed with the development and submission of a bid to host the upcoming Arctic Winter Games when they return to Alaska. Please advise as soon as possible if we may expect your support in this effort that will prove to be an exciting and beneficial event for the Central Peninsula area. Sincerely, Robert F. Williams, President RFW:sc BICENTENNIAL aV6t m .CG - Ca°rje W aMeA a, 5ratue." Mr. Bill Brighton, City Manager CITY OF KENAI 210 Fidalgo Street Kenai, Alaska 99611 Dear Bill: (/agou and C # - Jr September 1, 1989 As you may recall, in 1986 the Chambers of Commerce of Kenai and Soldotna as well as the cities of Kenai and Soldotna, joined in a combined effort to prepare to bid to host the "1988 Arctic Winter Games" here in the Central Peninsula. As you know, our efforts were to no avail when the Alaska State Legislature officially supported the bid from the Municipality of Fairbanks as well as granted State monies to Fairbanks with which to host the Games. We have once again been contacted by members of the Board of the Arctic Winter Games and asked that consideration be given to proceed with submission of a bid for the 1992 Arctic Winter Games. In discussions with Fairbanks, it appears that the State of Alaska has set a precedent in the past with allocation in the amount of $500,000 to $700,000 to the hosting communities. However, much effort and cost will be involved in the preparation and planning for the 1,000+ participants in the Games. Therefore, it is our intent to officially request approval from both the cities of Kenai and Soldotna as well as the Chambers of Commerce, to proceed with the development and submission of a bid to host the upcoming Arctic Winter Games when they return to Alaska. Please advise as soon as possible if we may expect your support in this effort that will prove to be an exciting and beneficial event for the Central Peninsula area. Sincerely, Robert F. Williams, President RFW:sc h(----(* CITY OF K „od Ca al 4 Am" I f TELE"MMM-nn September 20, 1989 TO: Council FROM: Janet Ruotsala City Clerk RE: Election Judges The Kenai Borough has submitted for your approval, the following judges to serve in the October 3, 1989 election: Precinct #1 - Susan Smalley - Chair Grace Cole Sandy Northcutt Grace Shook Precinct #2 - Ruth Malston - Chair Roberta Beauchamp Mary Quesnel Joan Seaman Precinct #3 - Vivian Raymond - Chair Roland Raymond Marjorie Seymour jr CITY OF 210 F10AL GO KO M, ALASKA 93011 TLLEMOW 2i3.7S33 September 16, 1989 TO: Council FROM: Janet Ruotsala City Clerk RE: Certification of Judges for Oct. 3, 1989 Election There have been some difficulties in appointing of the judges for the Oct. 3 election. I will have the list for your approval at the Sept. 20 meeting. jr H r CITY OF lod OaPdW 4 4iai� 210 FIDAL00 KENAI, ALASKA OWI TELEPNOME 283.7s35 TO: Mayor John Williams and the Kenai City Council FROM: Randy Ernst, Airport Manager DATE: September 15, 1989 RE: Kenai Municipal Airport Terminal Concessions On September 14, 1989 at 2:00 p.m. the City Administration held a bid opening for the restaurant, bar and gift shop at the Airport Terminal. There were two bids received for -the gift shop. City Council approval of Resolution No. 89-70 would award that concession to Orca Gifts. There were no bids received for the restaurant and bar. gal oc Corporate Naaspuar ws: P.O. Box 10MW - Anchorage, Alaska 99510-0600 a (907) 276.7132 September 11, 1989 Bill Brighton, City Manager City of Kenai 210 Fidalgo Kenai, Alaska 99611 Re: Lot 2B Spur Subdivision No.6 Contract Collection No.037-044-74 Buyer: Roger E. Holl Dear Mr. Brighton: National Bank of Alaska has acquired title to the above referenced property through foreclosure on July 31, 1989. The City of Kenai holds a first Deed of Trust on this property with a current principal balance of $61,925.92. The payoff on this contract as of 8-11-89 is $65,588.39. We are offering to purchase the first Deed of Trust at a discounted amount of $50,000. If you are interested in accepting this discounted purchase, please let me know. If we cannot arrive at a mutually agreeable amount, National Bank of Alaska will bring this account current and continue to make payments in accordance with the first Deed of Trust and Note. I can be reached at 265-2864, if you have any questions in regard to this matter. Sincerely, Linda Lester Assistant Cashier Commercial Special ll/mw Credit Services OFFICES STATEWIDE 01 Arndi %dou and �r. i BICENTENNIAL Honorable John J. Williams, Mayor CITY OF KENAI 210 Fidalgo Street Kenai, Alaska 99611 Dear Mayor Williams: September 1, 1989 N-9 Please find enclosed a copy of the Kenai Bicentennial's "Goals & Objectives for 1989-90". These Goals & Objectives were adopted by the Board of Directors at their regular Board meeting of August 21st and will be utilized as our outline to achieve and accomplish those priorities set forth by the City Council and the Board of Directors. Again, our thanks to the City of Kenai for your continued support and we look for- ward to a successful and exciting Bicentenntial celebration! Sincerely, ;1�7 Robert F. Williams, President RFW:sc CC: Mr. Bill Brighton, City Manager City of Kenai s�._■e■i.■M..9,�e11 • [9on 2es-�59� ti M •+ Xx" tlal aL `VUi, OU and e0weatc>n Butcau ■�Ilglgl�l . 1�� j BICENTENNIAL ak*t m 2W - Q& uma a, gra&* O." GOALS & OBJECTIVES 1989-1990 Fiscal Year In accordance with the 1989-90 Budget, the following goals and objectives have been adopted by the Kenai Bicentennial Visitors & Convention Bureau. Top priority and objectives is the successful celebration for Kenai's Bicentennial. BICENTENNIAL CELEBRATION - #1 PRIORITY (1). GOAL: Part-time staff to be contracted to assist in the preparation of special events. OBJECTIVE: Hiring of this individual to take place no later than September 30, 1989. (2). GOAL: Calendar of Events established and specific and proposed events, programs, and special celebrations determined no later than March 1, 1990. OBJECTIVE: Calendar of Events in place for inclusion in Bicentennial brochure. (3). GOAL: Monthly committee meetings set - beginning September, 1989. OJECTIVE: Committees would provide current update on plans for Calendar of events and request staff support where needed. LAND & BUILDING (1). GOAL: Staff and committee to work diligently, in coordination with Borough Economic Development District and City of Kenai, towards the submission of grant application to the Economic Development Administration for the construction of a Visitor & Cultural Center. OBJECTIVE: Grant application submitted to EDA no later than October 30, 1989. OBJECTIVE: Construction and/or purchase -renovation of existing building to begin in spring/summer of 1990. 1989-1990 GOALS & OBJECTIVES - Page 2 (2). GOAL: Request for funding submitted to local area businesses/industry for support of stationary exhibits and "traveling" exhibits during the Celebration and after. OBJECTIVE: To include local business/industry in the presentation of Kenai's rich heritage. OBJECTIVE: Request for funding assistance to business/industry submitted no later than December 31, 1989. (3). GOAL: Request funding assistance from Alaska State Legislature, in coordination with the City of Kenai, for the City's CIP Bicentennial request. Request submitted to local legislators et al at opening of Legislative Session (January 1990). PROMOTION/ADVERTISING - Advertising budget - $50,000 (1). GOAL: Contract with advertising agency for the following assistance: (a). Preparation of ad promoting the Bicentennial celebration and Kenai (b). Placement of ads in appropriate news media (c). Preparation of feature article for news releases (d). Preparation of short video clip (3-4 min.) by December 1, 1989. (2). GOAL: Determination/selection of ad for promotion of Bicentennial celebration and promotion of Kenai and selection of placement, in coordination with ad agency: OBJECTIVE: Suggested possible placement. (a). Anchorage Visitors Guide - 1990 (b). Alaska Magazine - December issue (c). Travel Agent Magazine (d). Alaska Airlines in-flight magazine (e). Sports fishing publication (Pacific Northwest edition) (f). Western edition of Sunset magazine (g). Metro Alaska newspapers - special summer editions, etc. PROMOTION - Budget - $25,000 (1). GOAL: Preparation and design of brochure advertising the Bicentennial celebration and promoting Kenai. OBJECTIVE: Project completed by June 1, 1990 - distribution of 25,000-50,000 copies. MURAL PROJECT - Funding from General Fund and industry f' (1). GOAL: One, possibly two, murals to be completed during the Fall of 1989. OBJECTIVE: Remaining murals to be completed in spring/summer of 1990 and 1991. .aam�s c ` ��rr�4Wl 1989-1990 GOALS & OBJECTIVES - Page 3 SPECIAL PROMOTIONAL ITEMS - Banners, coins, et al (1). GOAL: Banners depicting history of Kenai designed and purchased in 1990. Project in coordination with City of Kenai Beautification Committee. OBJECTIVE: Banners to be installed throughout downtown Kenai area in early 1991. (2). GOAL: Signage throughout the downtown area depicting Russian/English/Dena'Ina language as well as historical information. OBJECTIVE: Matching funds available through grant with the State Division of Tourism. Grant application submitted early 1990. (3). GOAL: Commerical Fishing Boat restored for installation on Bicentennial grounds. OBJECTIVE: Move boat to storage for winter restoration project by local organization. Boat to be set in place by May 15, 1990. (4). GOAL: Design and completion of "Reds are Coming" costumes. OBJECTIVE: Complete project by October 1, 1989 in order to utilize costumes for meeting/convention bids, etc. FINANCE (1). GOAL: Tourism/Accommodation Tax - committee formed to lobby Borough and Legislature for appropriate legislation to allow for the special taxation of tourism industry to assist the Visitor industry in Kenai and on the Kenai Peninsula. OBJECTIVE: Committee to have report prepared by December 15, 1990. Committee to coordinate their effort with other Kenai Peninsula communities. (2). GOAL: Membership Drive - committee formed to conduct solicitation of member- ship for the Bicentennial Visitors & Convention Bureau. Part-time contract person to assist in this endeavor. OBJECTIVE: Membership drive set for October or November of 1989. (3). GOAL: Design and development of a monthly newsletter. OBJECTIVE: To up -date all members, committees and news media and area Chambers of Commerce of Bicentennial activities and plans. BOARD OF DIRECTORS - Other (1). GOAL: Staff to prepare a speaking engagement schedule for Fall and Spring of 1989/90. GOALS & OBJECTIVES FOR 1989-90 - Page 4 OBJECTIVE: Directors to speak before Peninsula Chambers of Commerce, Anchorage Chamber of Commerce, etc., organizations et al. Video clip/slides to accompany speakers. (2). GOAL: Staff to schedule Board of Directors (when traveling to the Lower 48) with Pacific Northwest news media, radio and television. OBJECTIVE: Most Pacific Northwest media have specific programs on Alaska -- this will be a great opportunity to promote the Bicentennial celebration. Video Clip to accompany speaker. FUTURE GOALS/OBJECTIVES - 1990-1991 Budget Year The above goals and objectives will be accomplished prior to fiscal period ending on June 30, 1990. If additional funding is obtained by the Bicentennial Visitors & Convention Bureau, next fiscal period goals and objectives will include long-range plans for meetings and conventions (three year plan submitted to State Division of Tourism) as well as scheduling participation in trade/travel shows and special exhibits to further promote our celebration for 1991. Salaries Payroll Taxes (Employer, FICA, ESC) Professsional Services Office/General Supplies Utilities Postage Membership Fees & Permits Purchase/Maintenance of Equipment Printing/Promotional Advertising Travel & Related Expenses Miscellaneous (Insurance, et al) Kenai Information Center City of Kenai/Grant Income - Investment Accounts BICENTENNIAL BINGO/Pull Tabs Membership/Patron Fees KENAI BICENTENNIAL VISITORS & CONVENTION BUREAU 1989-1990 BUDGET INCOME/BUDGET INCOME/ACTUAL EXPENSE/BUDGET EXPENSE/ACTUAL $ $ 36,000 $ 4,428 5,000 1,672 2,900 500 500 2,000 25,000 50,000 4,000 4,000 _ 20,000 110,000 26,000* 10,000 10,000 $ 156,000 $ 156,000 *$25,000 carried forward FY 88-89 S -/ COLD WATER HELICOPTER TRAINING AND RECOVERY SCHOOL KENAI PENINSULA BOROUGH ECONOMIC DEVELOPMENT DISTRICT, INC. RESOLUTION 89-12 A RESOLUTION OF THE KENAI BOROUGH ECONOMIC DEVELOPMENT DISTRICT, INC., IN SUPPORT OF LOCATING A COLD WATER HELICOPTER TRAINING AND RECOVERY SCHOOL AT THE KENAI AIRPORT IN THE CITY'OF KENAI, ALASKA WHEREAS, the Kenai Airport in the City of Kenai is strategically located in Southcentral Alaska for a helicopter recovery training school, and WHEREAS, the City of Kenai Airport and its facilities are available to support these type of training activities and this type .of training center would not be detrimental to the environment of the City of Kenai, its Airport or the Kenai Peninsula as a whole, and WHEREAS, the citizens of the City of Kenai have accepted a proposal of placing this type of facility within its community, .. and WHEREAS, the University of Alaska Mining and Petroleum Extension Service will become the primary operator of this facility. NOW THEREFORE BE IT RESOLVED THAT the Board of Directors of the Kenai Peninsula Borough Economic Development District, Inc., supports the actions of the City of Kenai and the University of Alaska in locating a cold water Helicopter Training and Recovery School at the Kenai Airport in the City of Kenai, Alaska. APPROVED BY THE BOARD OF DIRECTORS OF THE KENAI PENINSULA BOROUGH ECONOMIC 9EVELOPMENT DIST ICT, INC., KENAI ALASKA THIS DAY OF__, 1989. MarJC Hodgins, Chtleman 5678910't l j v t ��• E2 Z2�/ k- "0 FROM: DATE: .10.0Ej_ 9._ ALASKAN OILED MAYORS AND VILLAGE LEADERS JOHN DEVENS, MAYOR VALDEZ SEPTEMBER 8, 1989 RE: VISIT TO FRANCE FOR INTERNATIONAL CONFERENCE Attached to this memo is an invitation from Senator Arzel. He is inviting us to attend an International conference on oil spills beginning October 16, 1989, in France. This is the continuation of the conference we had in Valdez during June. Mayor Erling Johansen has been working on a group air fare for those of you who wish to attend the France conference. You should contact him as soon as possible regarding the schedule, costs, passports and other travel arrangements. I am working with Jean Baptiste Henry with regard to the plans for the conference and would appreciate any suggestions you might have. We have arranged a side trip to Norway and the Sullom Voe facilities for those who wish to take advantage of this additional experience. Both areas provide excellent oil spill response programs. We expect to have the proceedings of our conference printed in the very near future and will send a copy of it to you when it is finished. If you have any questions, please contact either Erling or me, and we will try to help. cc: Jean Baptiste Henry Bob Clark Attachment P.O. BOX 307 • VALDEZ, ALASKA 99686 TELEPHONE (907) 835-4313 * TELEX 25-381 9 TELECOPIER (9D7) 835-2992 Le 16 Aou`t 1980 Monsieur Atphonse ARZEL SENATEVR du FINISTERE Moire de PLOUDALIffZEAV Prdsident du Fyndioat Mixte EL AA. /ML. 69.155 89262 - PL0UDALA8 UAV a Monsieur John DEVENS Mayor City of Valdez P.O. Box 307 VALDEZ - ALASKA 99686 i Monsieur le Moire et Cher Ami, A to suit* de t'aseembtee g4ndrale du Syndioat Mixte, le 22 Juittet dernior, qui a approuvd l* pro3*t de Confltmse inter- nationale, j'ai .t'honnour et U plaisir de vous inviter d to renoontre qui se dlroutgra on Bretagne, dons to somain* du 18 au 21.0CP08RE 1080. Nous covtons our la participation des Ake de voe citis et des reprisentants des communautds locates et villages, victimes di -la pottution de t'EXXON-VALDEZ. Je vous ferai part, die que possible, des ddtails de Z'organisation.ainei qu*:du programme de ces journdes. Je`souhaite que votre visit* 'iel' soft auesi rtOussie et aussi fructueuse.que t'a iti ta')Otre. ohez'.vows ; merci de votre aceueil. Vous en aouhaztant bonne riception, Veuiltez agrifer, Monsieur to Maire et Cher.Ami, t'expreseion de mea sentiments tea meilleurs. LE S l KENAI CITY COUNCIL AUGUST 2, 1989 PAGE 12 There will be other senators beside our own * supporting this. It will be an economic benefit to the City. b. Governor Cowper has put his Washington D.C. office behind the cold water training school. (item I-1) C. 9-6-89 meeting with the legislators and loWyist. (item I-1) Councilwoman Monfor. It is difficult to have one hour before Council meeting, it is rude to the public if we go over. Council agreed to meet 9-5-89 at 7:00 PM. d. The letter to Dean's Printing. (item I-1) It should have been to Art Waters. We will put it on hold because of the difficulties. Councilwoman O'Reilly. Any response from Dean's? Mayor Williams. Yes, I took it to Legal Asst. Graves. e. Regarding City long term planning work session. Council agreed to wait till after the Oct. election. f. The lobbying effort for congregate housing and economic development can be discussed at the work session. g. The Airport Comm. needs an appointment, we have not received the resignation yet, but it is expected. h. We will need 2 appointments for EDC. i. We will need 4 appointments for Personnel Arbitration Bd. J. The City received a beautification award from the Chamber of Commerce during the noon luncheon this date._ k,k. W8 are continuing plans for another boat ramp f somewhere,in the river system. we met with Fish S Game people in Anchorage regarding Dingall/johnsoA_ Act. We will meet Next Wed. at 9:00 AN at City Hall with Fish & Game representatives and Administration. NOTE: Time changed to 3:30 PM.' 75/25 match from Federal Govt. may be available. 25% may come from the State or Lands System. We will continue to pursue. -2 City Manager None I-3 Attorney Legal Asst. Graves reported, the appeal of the City vs PUC regarding utility relocation. 8-1 I received legal proceedings, HEA filed their appeal late. They have appealed to the Supreme Ct. I spoke to Atty. Rogers. He instructed me to file in opposition unless Council disagrees. Council agreed to the suggestion. He will file next week. I-4 City Clerk Clerk Ruotsala spoke. a. I will be taking a vacation Aug. 17 to Sept. 1. I will have the election ballots ready to print and the election work completed before I leave. b. The microfilm of Council records has been completed for the year 1987. 3 file drawers of records fit on 3 rolls of film. C. I have been appointed the liaison for the 1990 census. There will be training of census -takers -Imothy J. Aog*M City Attorney CITY OF KENAI 21OFid 1Q0 <pnai. Alas% 9%.11 283 3dAl FAX "I 1014 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI HOMER ELECTRIC ASSOCIATION, INC., Plaintiff, v . CITY OF KENAI, a municipal corporation, Defendant. Case No. 3KN-83-461 C1. C C� SFjO C C 0 Filed in rial al I State of Alastj hird Di at ,z 4 or 2 4� 6 _-O 5 E_ P 14 1989 Clock of the Courts 08PLdy ORDER IT IS HEREBY ORDERED that Plaintiff's Motion for Order, ed 0 Lifting Stay and Directing Parties to Proceed DENIED-. r / �aprwjne- Court Judge CHARLES K. ANSTON 1**For reasons case is presently on appeal to Alaska Supreme Court CKC/djc 1w*0080wat MAW was mailed to ft f01!w*w2t&wr-�wdd -... rrecord- anw000m 1 - ORDER DATE CLERK. CITY OF KENAI AGREEMENT FOR RECORDING AND TRANSCRIBING MINUTES THIS AGREEMENT, made and entered into the 3 day of ..+ k %, * k g 8' , by and between the City of Kenai, a municipal cow rpo Lion organized under the laws o£-the State of Alaska, hereinafter designated as "City" an_---�' hereinafter designated as "Contractor." WITNESSETH, that for and in consideration of the payments and agreements hereinafter stated: 1. (a) The Contractor agrees to perform all of the work described in Exhibit A, entitled "Specifications" and to comply with the terms therein for a cost not to exceed that stated in Exhibit B, entitled "Bid Sheet." (b) The Contractor further agrees that a full and accurate understanding exists regarding the work required in the referenced "Recording and Transcribing Minutes" which document is attached hereto, incorporated -.herein, and designated as Exhibit C; and that there shall be no changes made to the AGREEMENT without prior written consent of the City. 2. The City shall furnish the recording equipment; the work site for typing and editing of minutes shall be the Contractor's responsibility. The Contractor shall furnish all other materials, equipment, labor and other services as stated in Exhibits A and B. 3. The Contractor shall commence the required work on 4. Payment for work shall be made within two weeks following monthly billing by the Contractor which outlines work completed. Billing will be at the end of each month. S. The City retains the authority to require additions or changes that may arise through the required course of work to be performed relating to this project. Notification of the additions or changes shall be made in writing to the Contractor. 6. As applicable, the Contractor agrees to abide by applicable laws, including but not limited to the following: (a) Equal Employment Opportunity (EEO) (b) Workmen's Compensation Insurance (c) The Contractor agrees that compliance with the above is the responsibility of the contractor and that the City shall be held harmless for any resulting violation of these requirements. 7. The Contractor shall indemnify and hold and save the City, its officers, agents and employees harmless from liability of any nature or kind, which may arise from the performance of this agreement in any way whatsoever. Such liability may include, but is not limited to, costs and expenses for or on account of any and all legal actions or claims of any character whatsoever resulting from injuries or damages sustained by any person or property which may arise from the performance of this agreement in any way whatsoever. B. This AGREEMENT shall be binding upon the parties hereto and their respective heirs, executors, administrators and successors. 9. This AGREEMENT shall not be assigned without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this AGREEMENT in three (3) copies, each of which shall be deemed an original on the date first written above. CITY OF KENAI 5 �...wXIMBL'- ON MATT�� I• e •, ATTEST: net Ruotsalaa y t C erk CONTRACTOR: DATED: e�.3-k4-) — RECORDING Qualifications: EXHIBIT A CITY OF KENAI AND TRANSCRIBING MINUTES SPECIFICATIONS 1. Typing 2. Shorthand (Desirable) 3. Use of Recording Equipment 4. Use of Word Processor The City of Kenai is soliciting bids from independent contractors to provide the recording and transcribing of minutes from municipal meetings. It is estimated the contract will require an average of 30-35 hours per month, on a flexible work schedule without any supervision or control and as an independent contractor. Attendance of meetings shall be according to a written schedule set by the City Clerk. Most meetings will be in the evening at City Hall, but there may be occasional day meetings. The meetings would average one to three hours per meeting of approximately 10 commissions and committees (not all meet on a regular basis). Approximately 15-20 hours per month is estimated for preparation time and transcribing minutes. Duties may include recording meetings, taking shorthand minutes of meetings, taking attendance and tally of votes. Recording equipment is provided by the City, but minutes will be required to be prepared by contractor at his/her work site. Minutes will be prepared and submitted for approval by each Commission or Committee, to be filed for record of that Commission or Committee. Minutes submitted for approval shall be substantially in the form • shown on Exhibit C attached hereto and incorporated in reference herein. Payment will be made monthly. Additional work in excess of 35 hours per month shall be billed at the rate of 1/25 of the base bid price multiplied by the excess number of hours over 35. A knowledge of parliamentary procedure is desirable. Please submit references if available. Contract will be from date of award to July 1, 1990. Bids to be submitted to Clerk's office by J t Ruotsala, City Clerk EXHIBIT B CITY OF KENAI RECORDING AND TRANSCRIBING MINUTES BID SHEET NAME Patricia Joanne Truesdell ADDRESS Box 1452 Soldotna,- Alaska 99669 PHONE NUMBER 262-9231 BID PRICE $ 15.00 per hour for 35 approx hours for a (month) bid of $525.UO per month QUALIFICATIONS: Business License Applied for Typing 80 ( wpm) Shorthand 130 (wpm) Use of Recording Equipment yes (yes/no) Use of 'lord Processor. yes (yes/no.) Remarks: I am currently working with Nicki Donald at LTD Enterprises and have been doing the City of .Kenai's minutes for about six months. I am familiar with the outline required and the procedures, time, and various roll calls involved in transcribing and recording these minutes. I have worked at Central Peninsula General Hospital since 1974 and you may call the Personnel Office for a work reference. Enclosed is a work reference from Ms. Donald. Thank you for your consideration of this bid. 'I -agree to perform the work as stated in the bid specifications � .. ..labeled "Recording and Transcribing Minutes." G Signature EXHIBIT C MINUTES OF MEETINGS, FORMAT COMMISSION, REGULAR MEETING, MINUTES DATE, TIME KENAI CITY HALL CHAIRMAN - - - PRESIDING A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call Present: Name Absent: Name, Name (arrived late) 3. Agenda Approval a. Comm.- - - asked that item G-3 be deleted. MOTION: Comm. - - - moved, seconded by Comm. - - - to approve the agenda as submitted (or amended) Motion passed by unanimous consent. B. SCHEDULED PUBLIC COMMENT (10 Min.) 1. Name, Discussion C. PUBLIC HEARINGS 1. Ord. - - - MOTION: Comm. - - - moved, seconded by Comm. - - - to adopt the ordinance. There was no public comment. OR PUBLIC COMMENT: a. Name, Discussion Motion passed by unanimous consent. OR Motion passed unanimously by roll call vote. OR VOTE (Passed): Yes: Names No: Names Comm. - - - abstained. COMM. - - - ARRIVED AT THIS TIME (Time). VICE CHAIRMAN - - - ASSUMED THE CHAIR. Discussion CHAIRMAN - - - RESUMED THE CHAIR. D. MINUTES 1. Regular Meeting, Date MOTION: Comm.- - - moved, seconded by Comm.- - - to approve the minutes as submitted (or amended) E. CORRESPONDENCE 1. Name, Subject F. OLD BUSINESS 1. Subject G. NEW BUSINESS 1. Subject H. REPORTS 1. Name, Subject I. PUBLIC COMMENT (5 Min.) 1. Citizens a. Name, Discussion 2. Commission a. Name, Discussion J. ADJOURNMENT Meeting adjourned at (time) Clerk's Name Title 1.90.040-1.90.060 1.90.040 Terms: (a) A member of a board, commission or committee shall serve for a term of three (3) years, unless the board, commission or committee is specifically exempted by Council from this requirement. At renewal date, the Mayor, with consent of the Council, can reappoint the member or recommend a replacement. (b) The terms of the initial board, commission or committee member shall be staggered so that three (3) members will be appointed for one year; two members will be appointed for two years; and two members will be appointed for three years. Terms shall commence on January 1 of each year. 1.90.050 Proceedincs: (a) All boards, commissions and committees will have regularly scheduled meetings which shall be open to the public. Exceptions to the meeting requirements shall be established by Council. Pew neat records or minutes shall be kept of a roceedin s of eac member upon every que ta_,ion. Every decision or finding shall imme'dte y e 1 e 1n the office of the City Clerk and shall be a public record open to inspection by any person. All acts of boards, commissions and committees are subject to the paramount authority of the City Council. (b) If any member should have.three (3) consecutive, unexcused absences from regular meetings of the board, commission or committee, it shall be reason for removal from that board, commission or committee. (c) In all matters of parliamentary procedure, Roberts Rules of Order as revised shall be applicable and govern all meetings, unless as specified in KMC 1.15.060 motions; KMC 1.15.100, speaking; and KMC 1.15.110, voting. (d) The responsibility of insuring that all members of boards, commissions and committees receives a copy of the Standard Procedures of Boards, Commissions and Committees lies with the City Clerk. 1.90.060 Specific Requirements of Boards, Commissions and Committees: Requirements of boards, commissions and committees as set forth in KMC 1.90 are general requirements and shall be followed to the extent that they do not conflict with specific requirements found in code sections specifically pertaining to individual boards, commissions and committees. (Ord. 1223, 1239) 1-31 (City of Kenai Supp. #47 - 2/10/88) S :�r Memo to: Kenai City Council From: Charles A. Brown, Finance Director eqa Date: September 18, 1989 Subject: Wagoner & Worsley lots 10 & 11. block 2. CIIAP On July 19, 1989, the Council considered the request by Mr. Wagoner to cancel the above land sale. The Council's motion was that they are "willing to look at taking back the property once payments are current". On September 13, 1989. the owners made their annual payment. Although that payment was made about three months later than the scheduled payment date of June 6. I have recalculated their payment schedule as if they had been on a monthly payment basis in order to determine their status as of September. 1989. Based upon amounts actually paid compared to amounts that would have been paid under a monthly payment schedule, I conclude that their account is current. I ask that the Council make a motion to accept the owners' offer to cancel the land sale, subject to payment of taxes. The Legal Department would then be in a position to prepare the necessary docwnents. CC: Legal Dept. N F-0 + = TO DO LIST SEPTEMBER 6, 1989 KENAI CITY COUNCIL 1. K. Kornelis - Check into gouges in road, driveways off center - Lawton, Kaknu. 2. R. Ernst - Contact FAA for written confirmation of funding for float plane basin commercial slips. 3. J. Ruotsala - Comm/Comae Secretary contract for 9-20 meeting. 4. J. Ruotsala - Notify Henry Penny and Marian Nelson of EDC appointments. 5. J. Ruotsala - Notify Brittany Nowak of Library appointment. 6. K. Kornelis - Check into availability of water & sewer, Cook Inlet Ind. Air Park, Lot 9. 7. T. Rogers - Proposal for commercial rental of Sr. Center for 9-20 meeting. 8. J. Ruotsala - Schedule special meeting on Sept. 27, 7:00 PM, Library, personnel review. 9. K. Kornelis - Agreement between City & Borough for land fill - give copy to Betty Glick. 10. K. Kornelis - Check on manhole on Aliak. 11. K. Kornelis - Report on number of people going into dump and tonnage. 12. B. Brighton - Report on where Borough taxes go. 13. K. Kornelis - Report Council chairs that are noisy and tip backwards. 14. Councilman Smalley, Councilwoman Swarner - Work with High School to develop program for student representatives for Qomm/-r m . CC �� 1 15. K. Kornelis - Check for repair of ruts on Lawton across from Tinker. jr Q r Date: September 1, 1080 To: City of Kenai Janet Ruotsala From: Alaska Jaycee's Re: Pull -tab Locations Notification xIVFO-24 �ss7ssb at Please note the hinh lighted locations on our list as they may fall within your jurisdiction. There may have been additions and/or deletions since our last notification mail out. This is our continuing effort to keep you informed of our fund raisinq efforts in your local. It is our intent to work with you. As any other changes occur, we will qive notification. PERMITTED PULL -TAD LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION ALASKA JAYCEE'S Nance of Business/Facility Physical Address, Phone No. Contact. flew Seward Saloon 2.17 5th Avenue 224-3n45 Rrad Sevrard, Alaska 99664 Snowden Gateway Texaco Small Coat Hirhor 22n-Z220 Diane Seward, Alaska 99W. Carlson ilarehouse 11i 1 e 151 Sterl i no Ilwy. 235-7999 Laurie Anchor Point, Alaska 99556 Finley The Hi0twatch Mile 96 Sterling Hwy. 262-7n20 Rusty Soldotna , Alaska 911660 Jory North Par Mile 132 Sterling Hwy. 567-3442 Daryl Ninilchik, Alaska 99639 Chaw Opal's Cafe and Par 5e83F Y.-Reach Road 283-9365' Onal Soldotna, Alaska 906690 Power Parkers 36185 Kenai Spur Road ?.62-467n Tack Lee Soldotna, Alaska 9n66n The Pit Bar r1i 1 e 3. 5 Seward I1viv. 224-3006 Dennis Seward, Alaska 996Fd Kowalski Pizza Pete's Mile 1 /2 `'aur Hwy. ?62-W6 fennel a ?, Art Soldotna, Alaska 99660 Arnvro milos Putter Inn ~Mile 4.5 East Fnd Road 235-864A Al a, Lavonne Homer, Alaska 99603 Pickarsky Pay's 4laterfront Small Coat Parbor 224-5606 Pay cimul is I Seward, Alaska n9664 Short Stop Market & Pli l e 1.6 Nash Poad 22n-8775 Connie Liquors Seward, Alaska n9664 Fencardino PLEASE RETURN TO: Division of Occupational Licensing • Gaming Section P. 0. Box D-LIC Juneau, AK 99811-080o Attention: Kelcy Parsons. Lirpncinn Fwaminav- FERMI T iED NULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION ALASKA JAYCFF'S Nam.- of Business/Facility Physical Address .y Pis iop Creek Par 71ile 35 North I'enai Road Kenai, Alaska 9Q611 Clam Shell Lodae "+i 1 e 118.3 17terl i na Hwy - Clara Gulch, Alaska 99568 Decanter Inn 11i1e 107 'terlinq Hwy. Soldotna, Alaska 99669 U.J's Wheelhouse 2.15 4th Avenue Seward, Alaska - Dreamland Cowl 202 5th Avenue Seward, Alaska 99664 w Fadies 3.5 Spur Hwy. Kenai, Alaska 99611 Forelands Par rIi le 20 1'enai Spur Hwy. Kasiloff, Alaska 99E10 Inlet View "file 135 Sterlino Imy. Ninilchik., Alasl-a 99639 [.aura's Liquor Shoppee 60£3 f[din `street Cordova, Alaska 9957n r4 , Maverick Club -46QP, Sterlinq liwy. Soldotna, Alaska 90669. t t�, I "loose Pass Inn Mile 30 Seward Hwy. Moose Pass, Alaska 9Q631 I e River Mo ose oosver Inn ^file N2.5 S terlino lwy. Sterlina, Alaska 99672 PLEASE RETURN TO: Division of Occupational Licensing • Gann ng Section P. 0.- Box D-L I C Juneau, AK 99811-0800 Attention: Kelcy Parsons. licensing Examinwr Phone No. I Contact 776-8216 Linda [authridc 262-42.11 Rose Nloorefielc 262-5917 Terry Pall Doris 224-5516 Corcoran Kim 22A-35A4 Kowalski Ethel ?83-30f3Q^ Henderson Ron 776-9907 Kiel . Jerry 567-3330 11addox aura Brown —XTA-_-1T7r4 - Janet 262-7070 Li nda. Sherrill Millie Hirth PERMITTED PULL-TAO LOCATIONS DIVISION Of OCCUPATIONAL LICENSING GAMING SECTION 3. g _ r Neme of Business/Facility Tok Video R.J's Lounge Lonely Lady Arctic Par Circle M SoIdotna Inn Rig Al's Happy Valley Pizza Nick's rO ` 1 Alaska Cold R Jewerly i 'l i five Star Grocery Tips Bar ALASKA JAVCEE'S Physical Address 11ile 1313.3 Alaska Hwy. Tok, Plaska 9111780 412 Third Avenue Fairbanks, Alaska ng7nl 528 Pith Avenue, Sui to 2.11^ Fiarbanks, Alaska O9701 623 Old Steese Fairbanks, Alaska 99707 9r7 Old Richardson Hwy. Fairhanks, Alaska ng707 35041 Spur 11wv. Soldotna, Alaska 9066n Mile ill Sterlina llwv. Kasiloff, Alasl•.a 09610 Mile ln5 Sterlina Pwy. Anchor Point, Alaska 9n556 565 F. Pioneer Homer, Alaska nn603 360 K Ftreet Anchorage, Alaska ng501 4906 Arctic PIvd. Anchorage, Alaska 99503 12349 Old Glen Nwy. .Eanle River, Alaska 99577 PLEASE RETURN TO: Division of Occupational Licensing • Gaining Section P. 0. Uox 0-LIC Juneau, AK 99811-0800 Attention: Kelcy Parsons, Licensing Examiner Phone No. I Contact 883-5343 Rex Jarrett W-88f* Pa f utner 479-4162 I Cecilia c/o Circle .1 Vern 488=9956 Johnsnn W-9956 Vern Johnson Michael 262.-n169 `roes Alton 262-4216 Priest Ron A Fran 567-?357 Record 235-6921 Pick Pairan, is Polio -- - 258-0203 I!i.l 1 i arcs Sonny S61.-5518 Won Norma 694-?.372 / PERMITTED PULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION ALASKA JAYCEE'S Ndwe of Business/Facility Physical Address Phone No. Contact Alaska Salmon Bake ?51 K Street 279-8790 "like Anchorage, Alaska 99501 Papritz Pus Stop 700 West Fth Avenue 277-4252 Ed Brooks Anchoraqe, Alaska 99501 Bush Company I 531 East 5th Avenue 276-5504 Melody Anchoraqe, Alaska 99501 Pride Kush Courj_rany 11 2.509 East International 561-2609 Bill Cox Ai rport Rd. , Ailchoraae, PK. Hideaway Club 2F28 lest Dimond Blvd. ?43-2163 Bob P, Doris Anchorage, Alaska 99515 a Andrews 11inzon Liquor 12Q Tatilek Avenue 835-4437 Richard Valdez, Alaska O W6 Horton Video North Mile 101 Rich Hwy. 822-5556 Paul Glennallen, Alaska Qg588 Hhite Acres Bar Intersection of Richardson Hw .835-2269 Gerald & Phil' and Airport Rd., Valdez ()9686 Totem Inn 100 Totem Drive 835-4443 "like Williams Vadlez, Alaska 99686 Polaris Lounge 416 Second Avenue 456-6441 Terry Fairbanks, Alaska Franklin 119er Club Mile 6 Old Richardson Hwy. 488-0626 Noni Owen North Pole, Alaska 99705 I Northward Lounqe 455 Third Avenue - 456 6133 Deke Fairbanks, Alaska 99701 Burnett PLEASE RETURN TO: ! OivisiOP of Occupational Licensing • Gaining Section P. 0. Box D-LIC Juneau, AK 99811-0800 _ Attention: Kelcy Parsons, Licensing Examiner. to% It. 1.4k PERMItTED PULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION ALASKA JAYCFF'S Name of Business/Facility Physical Address Phone No. Contact Sugarloaf Saloon Corner of Meals Ave t, Richardso 835-4445 Hari 1in llviy., Valdez, Plaska 99686 Talntidte To 1 sona Lake Resort Mile 170 Glenn Ilwy. 822.-3433 Jill i e Glennallen, Alaska 99588 Vilson Tonsina Lodge Mile 79 Richarsoh Ilwy. 822-3246 Polhert Copper Center, Alaska 99573 I1amiIton Bush Bottle Cain Mile 116.5 Richardson Hwy. 822-3968 Geraldine Glehnallen, Alaska 9Q588 naluck Ranch [louse Lodge Mile 173 Glenn Nwy. 822.-3882 Rurt Glennallen, Alaska 99588 ; Hard Copper Center Bar File 101 Richardson Hwy. 822.-9901 Lloyd Copper Center, Plask,a 99573 Buttocrlii t. Evercireen Lodge Mile 17 Lal;e Louise Road 822-325n Jack F. Jan Glennallen, Alaska 90588 Ildnson Longmeere Liquor Mile 81'.5 Cterlinn tlwy. .762-1068 John Clio Soldotna, Alaska 99G6q Reds 101 !iea 1 s Avenue 835-367.4 Red Valdez, Alaska 99686 Club 96 Hile Inn Old Richardson Hwy. P22-3243 Lona Valdez, Alaska 99686 Pard IPi cline Club h ?.l6 rgan Drive 835-4332 rill Lee _ Valdez, Alaska 99686 lRoads End 42. Chiniak Ilwy. 486-2938 Ernest I:odiaki Alaska Q9615 Hopper PLEASE RtTURN TO: bivision of Occupational Licensing Gaming Section P. 0, Box D-LIC Juneau, AK 99811-0800 Attention: telcy Parsons, Licensing Examiner PERMITTED PULL -TAB LOCATIONS DIVISION OF OCCUPATIONAL LICENSING GAMING SECTION ALASKA JAYCEF'S Name of Business/Facility Physical Address Phone No. Contact Polaris Gift Shop 427 First Avenue Fairbanks, Alaska 997n1 452-2Qnn Reckey Gold Rush 3399 Pecer Poad Fairbanks, Alaska 997n1 456-641n Lulu Chatani ka Lodge 2.8.5 Steese Ilwy. Fairbanks, Alaska 99701 c/o Polaris Par Randy Fr,ankl i Central Motor Inn Mile 125 Steese Hwy. Central, Alaska 99730 520-52.28 Robert E. Lerude Bald Eagle Mile 82 Sterling Ilwy. Sterling, Alaska 99672 262-9908 Don Plucker i • PLEASE RETURN TO: Division of Occupational Licensing • Gaming Section P. 0. Box D-LIC Juneau, AK 99811-0800 Attention: Kelcy Parsons, Licensing Examiner 7 ...i..•- Al!- H —�.9 Wenai 6omrnu2ity _fdtaty A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 REPORT FOR THE MONTH OF AUGUST, 1989 Circulation Adult Juvenile Easy Books Fiction 1531 546 1362 Non-fiction 1564 214 280 Total Book Circulation 5497 Films, Phonodiscs, Pamphlets, Periodicals 28k Total circulation 5778 Additions Adult Juvenile Easy Books Gifts 90 19 8 117 Purchases 96 60 42 198 Total Additions 315 Interlibrary Loans Ordered Received Returned Books 42 29 23 AV 18 18 18 Interlibrary Loans by our Library Books Films AV 36 25 27 Volunteers Number ... 24 Hours ...360 Income Fines and Sale Books 838.30 Lost or Damaged Books 204.50 Xerox 435.25 Total Income for August, 1989 .... $1478.05 f -W-Enai Community _fdnaty A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN BEET LOOP KENAI, ALASKA 99611 Library Cards Issued August, 1989 Kenai 164 Kasilof 5 Nikiski 58 Soldotna 160 Ninilchik 3 Cooper Landing 2 Non -Residents 17 321 Library Patronage ........ 6,746 de) U.S. Deportment Alaskan Region of Transportation 67 F 91011, Federal Aviation ^_c` ;' Administration •-r September 8, 1989 Mr. Randy Ernst, Manager Kenai Municipal Airport 210 Fidalgo Street Kenai, Alaska 99611 Dear Mr. Kenai Municipal Airport r /YF-0 - / 99513-7587 I performed the annual certification inspection of the Kenai Municipal Airport on September 5, 1989. Thank you for accompanying me and for your hospitality. The inspection revealed the airport was in compliance with Federal Aviation Regulations Part 139. You and your staff are to be commended for the efforts put forth in maintaining your airport. Sincerely, ?enOhR.00re Special Projects Officer Airports Division ff, ZN F-0 - s' KENAI AIRPDRT FUEL SERVICE, imu. 24 HOUR KEY SERVICE 403 N. WILLOW. #6 FUEL HAUL SUPPORT r� �? , KENAI. AK 99611 JET A • 100/130 ��aw���lll a��'�e (907) 283-5700 C7 Bill Brighton City Manager, City of Kenai 210 Fidalgo Kenai, AK 9961 1 Dear Bill: September 10, 1989 As stated in a previous letter, the Kenai airport paving project is causing severe financial hardship for Kenai Airport Fuel Service, Inc.. The shortened runway eliminated our fuel haul to Sparrevohn and other bush communities at a time when they are storing up their winter heating fuel. Also, the elimination of training flights by the Airport Manager has effectively shut down our remaining contract business. We were not informed of this project until less than three weeks before start up and then only by memorandum. At a time when we had been planning expansion and leasing more airport property, we are faced with survival. As President of Kenai Airport Fuel Service, Inc., I have been directed by the stockholders to request the City of Kenai to reimburse our company for lost revenue. would appreciate your response to this request. Sinc ly, Dan 0. P i tts President, Kenai Airport Fuel Service, Inc. .z NPo 601P0 6 I 1 1791-1g81 CITY OF KENAI . ,Od Cap4W aj 4�"Y 11 MF=LG0 TELEPHONE M - 7M FAX 907-283-3014 CALENDAR OF' MEETINGS MONTH OF S E P TEMBE R 1 S S S September 6 City Council 12 Beautification Committee - 1:30 P.M. 13 Planning & Zoning Commission 14 Airport Commission 19 Parks & Recreation Commission 20 City Council 21 Economic Development Commission S. 25 Harbor Commission 27 Planning & Zoning Commission * All meetings are held at 7:00 P.M. in the Council Chambers unless otherwise indicated. Janet Ruotsala, CMC City Clerk JR/jal zNF o -7 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING September 19, 1989; 7:30 p.m. Borough Administration Building Soldotna, Alaska - A G E N D A- A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION: Rev. Preston McCracken, Community Wesleyan Church D. ROLL CALL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: September 5, 1989 G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, Vice Chm. Carey, Glick, O'Connell, Nash, Walli) (b) Local Affairs/Legis. (Chm. Skogstad, Vice Chm. Mullen, Glick, McGehan, O'Connell, Poin- dexter) (c) Public works/Ed (Chm. McLane, Vice Chm. Moock Brown, Hodgins, NeGahan, Skogstad, Keene) H. REPORTS OF COMMISSIONS AND COUNCILS I. NOTIONS TO RECONSIDER_ J. AGENDA APPROVAL AND CONSENT AGENDA (a) Rep_ 89-95 "Authorizing the Mayor to Award an Engineering Design Contract for 0.9 Mile of Ciechanski Road" (Mayor) (b) Res. 89-105 'Authorizing the Mayor to Award an Architectural Design Contract for Con- struction of a Training Facility Addition to the Sterling Fire Station" (c) Res. 89-106 "Awarding a Contract to Rachemak Bay Title Agency, Inc. for the Preparation of Litigation Reports on Foreclosed Real Property in the Homer and Seldovia Recording Distsricts" (Mayor) (d) Re$. 89-107 "Establishing the Position of Special Assistant to the Mayor -oil Spill Liaison' (Mayor) (a) Re;. 89-101 *Declaring Borough Owned walkway Bridges surplus and Authorizing Disposal to the Bureau of Land Management- (Mayor) K. ORDINANCE HEARING (a) Ord. 93— 17 "Amending KPB 14.06.050 to Allow Roads which Do Not meet the Chapter 14.06 Road Standards to Be Accepted Onto the Serv- ice Area Road Maintenance Service Systems for Winter Maintenance Only" (McGahan) (b) Oro. 89-40 *Enacting a New Chapter 21.12 to Provide a Permit System for Conditional Land Uses and Repealing the Current KPS 21.12 Noxious, Injurious and Hazardous Uses Or- dinances" (Mayor, Req. Task Force) (c) Ord. 89-43 "Accepting and Appropriating a Grant from the State of Alaska for the Kenai Peninsula Borough Coastal Management Program' (mayor) (d) Ord. 89-44 "Appropriating $45,000 for a Grant from the State of Alaska to Supplement Borough Funding for Local Senior Citizen Programs' (Mayor) L. INTRODUCTION OF ORDINANCES (a) Ord- R9-47 "Prohibiting Elective Abortions in Any Borough Owned Hospital' (McGahan) (b) Ord. 89-48 'Amending the Kenai Peninsula Borough Sales Tax Code to Exempt Gaming Sales' (Nash) (c) Ord_ 89,49 'Establishing Procedures for the Appointment of Advisory Planning Commission Members- (Skogstad/Sewall) (d) Ord_ 89-50 "Amending the Borough Election Code for Clarification Purposes" (Mayor) (a) Ord: 89-SI *Appropriating Funds for Purchase of School Lands from the Land Trust Fund Valance to Account No. 2500-212010-48610" Mayor) M. CONSIDERATION OF RESOLUTIONS (a) Roo. 90-73 'Accepting Transfer of Rachemak City Municipal Road Maintenance Powers for the South Kenai Peninsula Road Maintenance Service Area" (Mayor) DEFEATED 7/19, RECON- SIDERED 8/1 AND POSTPONED TO 9/19 (b) Ras. 89-103 "Requesting the Department of Commerce and Economic Development to Set a Maximum Limit for Vendors to be Reimbursed far Conducting Pull -tab Activities on the Be- half of Non-profit Organizations" (Brown) (c) Xg,E_ 89-104 "Approving Policy Concerning Sales Taxation of Gaming Sales" (Mayor) (d) ago- go -log "Approving the Purchase of Lots A and B, Aspen Flats Subdivision, t4, for use By the Kenai Peninsula Borough School Dis- trict for School Purposes" (Mayor) N. PENDING LEGISLATION (This item lists legislation which will be ad- dressed at a later time as noted) (a) Ord. 88-27 (Rev.) "Amending KPS Title 21 to Add a New Chapter 200 Pertaining to the Burial, Dumping, Transporting, Storage, In- cineration, or Other Disposal of Potentially Harmful, Toxic or Hazardous Waste Materials, and Amending RPB 10.10 Pertaining to the Nasty Disposal Commission" (Nash) REFERRED TO PLAN. CMSN./ASSM T.F. (b) Ord. 88-49 "Amending RPB Chapter 20.20 Regarding Subdivision Design Requirements by Enactment of a New Selection 20.20.035 Providing ACcess Requirements for Proposed Subdivision of Land Isolated by the Alaska Railroad !tight -of -Way From the State Highway System' (Mayor) TABLED 7/18/89 fir..._., (h) Res. 89-35 "Declaring the Assembly of the Kenai Peninsula Borough Improperly Appor- tioned' (Carey) TABLSD 4/4/89 O. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB- JECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT (a) Seward Flood and Oilepill Update (b) Borough Timber and Firewood Memo R. OTHER BUSINESS (a) Motion to change dates of Assembly meetings (b) Approval of Election Judges, Borough Election of October 3, 1989 S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT (10/10/89) 144 N. ek*l" 5 ; ;i9 _,lr /g789�DTj. . Janet Ruotsala, Clerk sF City of Kenai •o� 210 Fidalgo Street Kenai, AK 99611 EVll KENAI PENINSULA BOROUGH ASSEMBLY COMMITTEES, SEPTTEMBER 19, 1989 STANDING COMMITTEES: FINANCE 5:00 P.M. Frances Brymer Conf HIS A John Crawford, Chairman David Carey, Vice Chair Marie walli Phil Nash Pat O'Connell Betty Glick LOCAL AFFAIRS/LEGISLATIVE 4:00 P. Frances Brymer Conf Rm B Jim Skogetad, Chairman Frank Mullen, Vice Chair Al Poindexter Pat O'Connell Betty Glick Karen McGahan PUBLIC WORKS CMTE. 5:00 P.M. Frances Brymer Conf Rm B Sam McLane, Chairman Sharon Moock, Vice Chair Jack Brown Karen McGahan Mark Hodgins Brent Keene Jim Skogstad TEMPORARY OR OTHER: Alaska Cosatal Policy Cncl. Joha Crawford, Assm. Rep. Cook Inlet Aquaculture Assn Brantley Keene, Assm. Rep. Data Processing Steering Cm Mark Hodgins, Assm. Rep. Kenai Caucus Betty Glick, Assm. Rep. M. Kenai Peninsula College Bd. Sharon Moock, Assm. Rep. Economic Development Dist. Mark Hodgins, Sam McLane, Assembly Reps. Assembly/Planning Caen. Task Force Jim Skogetad Jack Brown Phil Nash The public is invited to attend and address committee meet- ings. Petitions received by the Clerk's Office will not be dupli- cated in the packet, but will be available in the Clerk's Office during regular office hours or at the Clerk's desk during As- sembly Meetings, for review. `-A CV .Z P C, i CITY OF KE NA I Kenai Municipal Airport - 1989 Improvements - Phase II Project Runway & Taxiway C Overlay �( ' Contractor Quality Asphalt Paving .,...:.. Address 4Q25 Rasberry AuchoraQe, AK 99502 Project No. A.I.P. 3-n2-n142 Phone 243-2212 Period From 8/30/89 to 9/9/89 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE �J Original contract amount $ 986,642.80 Q2 Net change by change orders -0 O3 Adjusted contract amount to date $986,642.80 ANALYSIS OF WORK COMPLETED ® Original contract work completed 38,002.00 0 Additions from change orders completed -0L/I - �6 Materials stored at close of period 7,230.33 (D Total earncdo+O+0 45,232.33 GS Less retainage of 10 percent 4,523.23 OTotal earned less retainagc077 -(D = 40,709.10 1(1 Less amount of previous payments -0- Balanc:e due this payment 40,709- 10 ✓ c4� DEPT. OF ENVIRONMENTAL CONSERVATION FACILITY CONSTRUCTION & OPERATION P.O. BOX 0, JUNEAU, AK 99811-1800 Dana Gerstlauer City Administrator 210 Fidalgo Kenai, AK 99611 Dear Mr. Gerstlauer: ;,�September 1, 1989 v� ? cu CITY A DRAIN. c, cSaCITY OF KENAI 2a I C2'O�'�\. 465-2610 I am writing to find out what wastewater, drinking water, or solid waste projects your community would like to have considered for funding during the FY 91 capital budget process. This request pertains to those projects that you would like funded through either.the Department's (1) 50 Percent Matching Grants Program or (2) the State Funded Account of the Alaska Clean Water Fund (a low interest revolving loan fund). In order for us to have consistent data for each project in our FY 91 budget request, please complete the enclosed questionnaire. We need to T. receive a questionnaire completed in detail for each individual project. The Department has to submit the. capital budget request to the Governor's Office on October 20, 1989. Since I need time to prepare the budget forms and assimilate your data, please return your questionnaire to the Facility Construction and Operation Division no later than September 30, 1989. I have also enclosed a copy of the Evaluation System which we use. This system helps us put needs into a statewide perspective. We would appreciate receiving any comments you have on the system. I would remind you that requesting funding through the DEC grant program alone is not enough to secure money for your projects during the legislative budget process. Projects funded through DEC receive appropriations from the Legislature just as other capital projects. Realistically, in order for the final capital budget to contain appropriations for your project, the project must also be identified as a high priority by your local government in your communication with the Governor and the Legislature. I look forward to working with you as funding becomes available. If you have any questions, please feel free to contact me. Sincerely, 4ect6 L. Hayden r Enclosures .i�liL�«itaiiF4Gi�Wiri:.'Wfii�l:�#:s'R} . ,..r=,:u.;,_,-nr . _-. w, ..sa.._'. - w' .- , k-i, •.-.. CITY OF KENR FOR COUNCIL I NFORMRTI ON Transfers of Funds under $11000 (KMC 7.25.020) 'Date Department Amount From To 9/11/89 STP $110.00 Contingency Rentals 9/14/89 STP 100.00 Contingency Rentals Explanation Need to rent compressor To rent scissor lift F., A CITY OF 6;apilai 4 44"4afl 210 FIDALGO KENAI, ALASKA 998" TELEPHONE 233 - 7535 FAX 907-283.3014 TO: William J. Brighton, City Manager FROM: Keith Kornelis, P.W. Director 6 DATE: 9/12/89 SUBJECT: Mayor's Request List I received the attached Mayor's Request List. I imagine the City Clerk is answering the requests for resolutions and voting records. Below is a summary of approximate costs that he has requested. PROJECT Eagle Rock Inlet Woods Boating Facility (new dock facility) Dock Facility Parking Lot Addition Float Plane Basin AP Terminal Renovation/Remodeling AP Phase I: TW A & B AP Phase II: RW & TW C Memorial Park Paving of Marathon Road Susieanna/Norman and Senior Parking Candlelight, Linwood, (LCK) E. Aliak/Highbush VIP Lawton Candlelight to Golf Course Fathom/Toyon Intersection AP Float Plane Basin - Commercial Slips Swires Drive COST $ 45,000 21100,000 1,300,000 200,000 1,500,000 1,000,000 (budget) 313,000 (budget) 1,150,000 (budget) 75,000 27,000 57,000 (budget) 590,000 (budget) 200,000 (budget) 600,000 (budget) 75,000 (budget) 100,000 (budget) 75,000 (budget est.)?? 285,000 (budget) C Mayor ' s Re qu e s t L J s t By September 8, 1989 1) Resolution setting Eagle Rock Assessment District 2) Resolution setting LID for Inlet Woods 3) Cost of those two projects 4) Resolution making the City of Kenai the 3rd party position on the Dairy Queen lease. 5) The voting record on all of the above 6) Resolution setting construction of roads in Thompson Park 7) A cost breakdown of the following: New dock facility Dock facility parking lot addition Float Plane Basin Terminal renovation/remodeling Runway and taxiway overlay projects All road projects this year (1989) Memorial Park Paving of Marathon Road I appreciate your help. --vj, -tet h.: V4minist rat Ion r11Y Jf KrrAT RESOLUTION NO. 64-50 BE 11 RESOLVED BY THE COUNCIL OF THE CITY OF KEYAI, ALASKA THAI THE FOLLOWING TRANSFER Of MONIES BE MADE IN THE THOMPSON PARK ROAD IMPROVEMENTS CAPITAL PROJECT FUND. From: Construction S(B'OOO> To: Inspection f 8.000 This transfer provides sufficient money for inspection on the Thompson Park project. " PASSED BY THE COUNCIL Of THE CITY OF KENAI. ALASKA this 16th day x of May. 1984. 1 - as sagongr # 70 ATTES 7 i, sin, City Clerk v Approved by Finances eqd j KtNAI I I i y f 11"a 1MA f 16 on Va�K t2 MOTION, Additions Councilman Ackerly waved, seconded by Councils en Messles, to reword the 6th page, 118, line 2, after the words "agreed upon," add "at that time by the partiesi" and delete the remainder. Councilman wise said he had not seen a cost/benefit ratio. - VOTE (Possod)t Tess Nonfat, Wagoner, Ackerly, Bettie, Measles Not Wise Absents Hall ADDITIONS BY PU9L IC WORKS DEPT. Thompson Park Project Thompson Park Inspection is. 04-50 - Thompson Park Inspection PO - Warning Lights onVo r ke-Parking Signs Change Order - Airport Vehicle Perking Res. 04-59 - Airport Vehicle Parking Public Works Director *xplsined, the airport vehicle parking items sea the most important. He explained metal posts are f4,800 more then *mood. - Y ►C - Warning Lights and/or Na-Parkinq Signet r' 140TIOtis Councilman Ackerly moved, seconded by Councilman Wise to hold public heating* at the next matting and advi" affected people regarding the hearing, and advert&** on the media regarding the public hooting. (NOTEt this is regarding no -parking signs on Main St.) Motion panned by unanimous consent. r,iFY Mayor Wagoner asked how many signs it would take on frontage Rd. Police Chief Rose replied it goes to adequacy of i notice. Vertical parking requires more then horizontal. Public Works Director sold they figured !• an frontage Rd, p 20 an Main St., ) on Main St. Loop, 10 on Steller. Chief Ross explained anew removal signs or* on every entering street, these have to be seen wh*roevor a driver comes in. Atty. Rogers suggested putting up the minimum at Ade&nistrstion discretion and put up more if required. Chief Ross noted a pointed ****mina on the curb to only good at certain times of the year. Meyor Wagoner said he thought the City made their signs. City Manager $tighten explained these are State regulated. Council agreed to the suggestion. € MOTION$ Councilmen Ackerly moved, seconded by Councilman Meselos, w that motel post* be used to display no parking and tow away u on frontage Rd. Notion passed by unanimous consent. CHANCE ORDER, AIRPORT VEHICtC PARKtNCt Public Mork* Director Kornelte explained MIA has moved their transformer. PDA placed eaters there, expecting It would stay. 01 a vie � H011ON: Councilman Measles moveq, seconded by rOUFlcs]mart 4,-kerIy. for approval of Change Order 01. Councilmen Mine asked why it was not designed with the manholes moved. Mr. Kornalis replied he did not know. MOTION% Councilman Mine moved, seconded by Councilwoman Monfort, that Administration put PDA on notice of an explanation of an engineering bust and put on notice of recoupment in the amount of the change order. Motion passed by unanimous consent. RESOLUTION e4-st - Airport Vehicle Parking Lot. Change Order MOTIONt Councilman Hassles saved, seconded by Councilman Ackerly, to approve the resolution. There was no public comment. Motion passed by unanimous consent. TMOMPSON PARK INSPECTION: "01104i Councilmen Manatee moved, seconded by Councilman Ackerly, to approve the inspection in a not -to -exceed amount of $78,000. Notion passed by unanimous consent. RESOLUTION 04-58 - Transfer of funds - Thompson Park Inspection - $9,000 MOTION: Councilmen Ackerly moved, seconded by Councilmen Measles, to approve the resolution. Thar• was no public comment. Motion passed by unanimous consent. THOMPSON PARK PROJECT: No action taken by Council. M. REPORTS M-1 City Manager City Manager Brighton spoke. e. Architect C. Cintali had said the Jail portion will remain in the Police area till Sept. The State will continue the loss• an a month to month books with an increase of 6% in Sept. Pollee Chief Ross has agreed to this. Councilman Via* asked if there was any job protection for employee*. Pollee Chief Rose replied all the old *splay••* have already transferred. the now ones have boon hired without a guorantoe of employment. ,;gr.:tr7 bv: adei•iistrat inn 1',Y 0i KEYAI Kf.5U1 UI I'.)h SO . 84-55 A RESOLUTION (IF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF THOMPSON PARK ROAD IMPROVEMENTS - 1984 TO CONSTRUCTION UNLIMITED FOR THE AMOUNT OF $451,081.00 WHICH INCLUDES THE BASIC BID. WHEREAS. the following bids were received on May 15, 1984, at 2 p.m. for the above referenced project: Contractor Basic Bid Construction Unlimited $451,001.00 2ubeck, Inc. 475,766.50 Doyle Construction 591,323.50 World Equipment, Inc. 677,155.00 Quality Asphalt Paving 691,694.00 Johnson Send and Gravel 944,726.60 WHEREAS, the following is a partial description of the basic bid: Basic Bids Excavation, Backfill, Gravel, Store Drains, Culverts, Topsoil, Seeding, and Signage WHEREAS, the City of Kenai has received a State of Alaska grant to help fund this project, and WHEREAS, the recommendation from Wince, Corthell, Bryson, the project design engineer, and the Public Works Department is to •card the contract to Construction Unlimited for the basic bid totel cost of $451,081.00, and WHEREAS, Construction UnlimiteV a bid for the basic bid is the lowest responsible bid and award to this bidder would be in the bast interest of the City. and WHEREAS, sufficient monies are appropriated. 9, M1....,+..�....m ilF ... �I 7�y .4 4i1«Kul�i�a� ,..{ ,j,. •!°:F 4L'•i�i i' �i1 , , ` � tiiwi t"%•,,f 'vUN, INt_kl! 0ttt `I_ II riE5U1_vE0 ,t� ICOUNCI; I � '1+' t i 1P oI KI %41 , At A 5 K A , ^ hat the cunt racL for the convt r,+el t or t 1 mp :un Park (toad Improvements - 19H4 be awarded to t:'onstruction Unlimited in the amount of $451,081.00 which includes the haste bid. PASSED BY THE COUNCIL. Of THE CITY OF KENAI, ALASKA, this 16th day of May, 1984. TOM WKGGN ATTEST: is16- a sn, y er Approved by finances JAV 141 MO1104: r'nUnctlman Me"slet mnvrA, soronded by Count. iIWoman Monfof, to adopt the rrsnlotinn. Thorn was no pubtsc rnmment. Notion passed unansmouely by roll rill vnt.,. C-15 Resolution 84-55 - Bid for Construction - Ihompaon Park Road Improvements Not 1041 Councilman Ackerly moved, seconded by Councilmen Measles, to adopt the resolution. PUBLIC COMMCNts k Hob Robinson, Engineer Ing and Constructton-Clocter Shia Construction. He asked if any of the $450,000 to allocated for relocation of the present phone facility and was the successful bidder was to work around the estoting facility. Mayor Wagoner replied# no to both questions. Public Musks Director Karnolts added, utilities ire in the bid documents and plans received by the phone company. Mr. Robinson said last year they had Evergreen Rd. contract. there es* a clause that the contractors would work around utilitt*o during construction. About f50000 has not boon paid. Public Works Director Kornelts explained Construction Unlimited to a new outfit, Mr. Herring started the buolneos, he worked for Iubak last your. He lies met raquiroments of bid, he will be bonded. The phrase of basic bid in the document is to the form resolution for most project%, there to only ono bid. He added, there will he contingoncy left. Notion passed by unanimous roriserst. C-16 Resolution 84-56 - transfer of runds - federal Revenua Sharing - Ansmel Control - $5.100 NOTION: Councilmen Hassles moved, seconded by Councilwoman Monfur, to adopt the resolution. there wee no public comment. Councilman Viso asked if it was intent of Council to Win 1n-house. Public Works Director Kornelto replied he did not know but this was Adsiniotration's intent. Remodeling to difficult to bid. They would like to hire a corpentot. they hod S27,000 allocated to the project, but it was not in thin account. When they get it squared away, it will he otter Juno 70 and fedorst Revenue Sharing will lopes. they plan to do the ongtnoorinq, than after July 1 the lopoed money will he asked for *gain. The carpenter will be on employee of the City with benefits. they asked for a conalrurtion eanogor borauoo they ors swamped with projects, the quote to hourly, hopefully :t will not be that much. No other firms were solicited. Rill Nelson did the nriginal. MO►ION. AmendmontI Councilman Acketly moved to amend the roaululinn to pay ooly for the schematic dootgn and working drawinils for S2,%qsl. 40111 end was not heard. Suggested by: Adm:nastrntion CITY OF KENAI RESOLUTION NO. 83-65 A RESOLUTION Of THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR ENGINEERING DESIGN SERVICE TO WINCE- CORTHELL-BRYSON FOR THE DESIGN OF THE PROJECT ENTITLED: THOMPSON PARK STREETS FOR A NOT -TO -EXCEED AMOUNT OF $38,000. WHEREAS, the City of Kenai received proposals from the following firms: Centrum S d S Engineers, Inc. Professional Design Associates Mike Tauriainen, P.E. Wince-Corthell-Bryaon We. 3. Nelson A Associates McLane i Associates WHEREAS, the Public Works Department and the Council of the City of Kenai feel it is in the best interest of the City to award this project to Wince-Corthell-Bryeen. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded for engineering design services to Mince-Corthell-Bryson for the design of the project entitled: Thompson Park Streets for a not -to -exceed amount of $38,000. •„, PASSED BY THE COUNCIL OF THE CIT OF KENAI, ALASKA, this 4th day of May, 1983. £.•, r ATTEST: s ot Wneiken, GUY ulerk sy W Approved by Finances o-a i Suggested by: Administration CITY OF KENAI RESOLUTION NO. 87-4 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONFIRMING THE ASSESSMENT ROLL ON THE EAGLE ROCK/TERN DISTRICT AND FIXING PAYMENT. WHEREAS, a public hearing has been held on the assessment roll for the.Eagle Rock/Tern Special Assessment District; and, WHEREAS, Council finds that the assessment roll is proper. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1: The assessment roll attached to this Resolution is confirmed by the Council. Section 2: Assessments as identified on the assessment roll shall be levied against the properties in the Eagle Rock/Tern Assessment District and are to be used to repay the general fund. Section 3: Payments shall be fixed over a ten-year period, with annual payments due beginning January 1, 1988. Payments shall be delinquent if not received by February 1, of each year. Annual payments shall be in equal installments, including nine percent (9%) annual interest. Delinquent installments will be charged a penalty of ten (10A) percent on the entire installment, along with additional interest accruing at the rate of nine percent (9%) per year on the principal portion of the installment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this seventh day of January, 1987. �.� (� -? ATTEST: et Whelan, City Clerk Approved by Finance:_7l 12/31/86 t�- ASSESSMENT ROLL EAGLE RUCK DR. AND TERN PLACE 11-21-86 ASSESSMENT PARCEL # LEGAL DESCRIP. OWNER NAME ADDRESS SO. FT. @ 50% 049-300-01 SUNGATE PK., LT 1, ELK 2 POORE, HERRICK & VIRGINIA 4300 EAGLE ROCK PL., KENAI 14,023 931 049-300-02 SUNGATE PK., LT 2, ELK 2 TREAT, MICHAEL & JOYCE BOX 2791, SOLOOTNA 14,000 930 049-300-03 -SUNGATE PK., LT 3, ELK 2 DUNN, JAMES & TERRY 660 TERN PL., KENAI 14,290 949 049-300-07 SUNGATE PK., LT 7, ELK 2 OUELLETTE, DUANE & PHILLIS 4345 EAGLE ROCK PL., KENAI 25,114 1,6f,3 049-300-08 SUNGATE PK., LT 8, BLK 2 OUELLETTE, DUANE & PHILLIS 4345 EAGLE ROCK PL., KENAI 12,590 836 049-300-20 -SUNGATE PK., LT..20, ELK 2 .CHEN, ROSE _...5501 KENNYHILL WAY, ANCH. 99504 12,916 8'-59 049-300-21 SUNGATE PK., LT 21, ELK 2 CHEN, ROSE 5501 KENNYHILL. WAY, ANCH. 99504 12,000 797 049-300-22 SUNGATE PK., LT 1, ELK 1 POORE, HERRICK & VIRGINIA 4300 EAGLE ROCK PL., KENAI 19,200 1,275 049.-300-23.._SUNGATE PK., LT 2, ELK 1 LANE, JACK BOX 2513, SOLDOTNA .. 12,000 797 049-300-24 SUNGATE PK., LT 3, ELK 1 CHIVERS, CLAY & GAYLE BOX 278, KENAI 12,000 797 049-300-25 SUNGATE PK., LT 4, ELK 1 CARSON, STANL.EY & MARTHA BOX 4755, KENAI 12,240 813 049-300-26---SUNGATE PK.,._LT..5, ELK 1.. CARSON, STANLEY & MARTHA -BOX 4755, KENAI 12,240 013 - 049-300-27 SUNGATE PK., LT 6, ELK 1 CARSON, STANLEY & MARTHA BOX 4755, KENAI 12,240 813 049-300-28 SUNGATE PK., LT 7, ELK i KNUTSON, JACK & VENA PO BOX 115, WENATCHEE, WA 98801 12,240 813 _-049-300-29 SUNGATE PK., LT 8, ELK I.- BORGEN, LESTER & ELEANOR BOX 656, KENAI 23,340 1,550 04'9-060-07 GOV LT 6&7,SEC 6,T5N,R10W POORE, HERRICK & VIRGINIA 4300 EAGLE ROCK PL., KENAI 44,343 2,945 049-300-04 SUNGATE PK., LT 4, ELK 2 POORE, HERRICK & VIRGINIA BOX 219, KENAI 32,260 2,142 _SUNGATE.PK.,..LT.5, .BLK 2-__FISHER, CURTIS D. -BOX 157, KENAI 26,940 ______-1,739 _-049-300-05 049-300-06 SUNGATE PK., LT 6, BLK 2 ZORDEL, INEZ & MARSHALL, ROB 1624 CARA LOOP, ANCH. 99515 13,100 870 --__ _ -. _ _ 337,076 .__._ 22,386 _.__�...-�_-___�_.__.-•-.___..:._TOTALS --- -----_... 1 1 . .... ............ .... .......... ,.. ............... �mw Suggested by: Administration CITY OF KENAI RESOLUTION NO. 84-62 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE CONTINUATION OF THE INLET WOODS ASSESSMENT DISTRICT. WHEREAS, the City of Kenai has held a public hearing to hear comment concerning the necessity for the water, sewer, lighting, and road improvements, and the proposed assessments relating to such improvements, in Tract A, Parsons Subdivision No. 1 (Inlet Woods Subdivision), and WHEREAS, the Council finds it desirable to continue with the proposed project and assessment district. NOW, THEREFORE, BE IT_ RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1: The water, sewer, -lighting, and road improve- ments in Inlet Woods Subdivision are necessary and of benefit to the properties to be assessed. Section 2: The assessment district has not been objected to by owners of properties bearing 50' or more of the estimated costs to be borne by property owners. Section 3: An accounting shall be kept of the costs of these improvements, and after all costs are known, the City Manager shall prepare an assessment roll for the improvements. It is estimated that 100°0 of the costs of the improvements may be assessed against the benefited properties. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of June, 1984. TOM WAGONE , MAY Op" ATTEST: Y&M a2r.,,' ietp_ Mary Ae Dore, Deputy City Clerk Approved by Finance: ,' , y..., y.,..! ..mm.•� m,mry. 1 r�� �,fY I d p q( =i ibit �.,i �ila+ -��- �""S��A � � .9 �'f1 ®I ! r '1.aY t• N' � � ry �1 t �9 :-i �.1tr'n � kY i,i� tIA Id.�GWr 4i�. M�11NY'+M�# next year. Hr. fit ighton said the Issue Iv nut -what ir:gfo but what Is best for the State. Each member IS eler:trd his diet rLet . they get elected on how well they produce for their district. It is difficult to lobby to those from other distracts. We have only one legislator in the majority. if you are on the right side, you will get s share of the pie. He cannot promise he will he effective in our requests, we will have to go *round our own legislators. we will have to decide how we will do this. Our legislators know they are on the wrong aide. Councilwoman Bettie ouggostoo some of the programs we are stressing should have pictures for a brochure to hand to legislators. if nothing *lost we could have drawings. She added, it bothers he - that both Reynolds A Lloyd have worked for Multivtsions with our position on that. She thought we could do it ourselves. Mayor Wagons said it is late to start on brochures. we should start in the Spring fnr the neat. session. He asked that Administration, within the next few months, bring Council recoismended dateline for brochures and review by PAI of capital improvements projects. Council agreed to the request. City Manager Brighton said we have communicated with all legislators 2 times in the last 30 days. Once on the growth of the City. We are growing faster then any area in the State, we are on* of 2 or 3 industrial areas in the State. The have spent millions of dollars in other areas to promote tndustry, we need help now. Seward has lost p*oplo, but such money has been spent that*. We have grown by 900 people. The 2nd letter was the brochure with justification of needs. The most important thing is follow-up with personal contact. He to not sure the portfolio i* good. they need to know needs,.not a picture. He thought we were hard on our legislators at the last meeting, but we got the attention of one who could help. We should start now for the 1985 session. Our prioritized list will last us 3 to 0 years. the 1985 leglelatur* may be more favorable. Councilman Wise noted in the last census, a lot o1 houses were listed as vacant, but were not, they wore transient. This is one of our problems, we have a heavy transient population. NOTION, Tablet Councilman wise moved, seconded by Councilmen Measles, to table action on the proposal. VOTE (Possed)t Vast Wagoner, Battle, Hall, Measles, Monfort Wise Not Ackerly G-11 Assignment of Lesse, - Ackerly A O'Connell to Peninsula Dairy Queen Councilmen Wise moved, seconded by Councilman Measles, to approve the lease assignment. Motion passed unanimously by roll call vote, with Councilman Ackerly abstaining. j. .� , ,��WYNYNWwP41�1 t .. • 4+�.JM,�::tltMtle C,.eAkMFT'fM�.""'^'J .` AIA;U.;T .�O, -. I'aye I1 Motion passed unanimously by roll call vote. 6-17 Assignment of tease - Alaska .ar i Truck Rental, Inc. to The Car Co. MOTION t Councilmen Malston moved, seconded by Councilman Measles, to approve the assignment. Motion passed unanimously by roll call vote- U. REPORT$ H-1 City Manager City Manager Brighton spoke. 1. Dept. of Revenue relocation. He has received a reply from Lt. Gov. ftcry Millar, it is in the packet. Dick Morgan -took him apart- for the decision that WAS roads. me thinks the letters will go On and On till the decision is changed. Me intends to write to the legislators. He is not Sure us will gat any changes unless we gat help frmsk this legislatufe. 2. Day Care Center. me has three responses. He suggests we mood this to the Opmen's Resource Center with the God"Otandiag t"t it mot be for woman within thin City. M1 opgasisation cross has better s to min" n= this Core, and they MWO min WWAsttry interest. ?he only thing that wos3d ON*!Mt us would be that they are in doMotna. umMrot"A it will be for in son of NOWLMly e they hope to event- ually get the Matsu" Involved. 3. Aakerly i O'Connell lease. $Inca they made the leas, they found out it is for sale, they would like to hold their decision, they would rather buy than lease. 4. Ray Cason - Consent to sea collateral for lease. This material was in the packet for information only. -111--1.1,--,-.-.,..,- KENAI CITY COUNCIL MARCH 19. 1980 Page 23 Motion passed unanimously by roll call vote. 0-17 Resolution 00-44 - 1960 Airport Electrical Improvements Councilwoman Glick explained at the Public Works Committee mmt- ing. all were about the some when reviewed more closely. Oallieft won removedboomse Mark's Ing. had no airport experience in his Orwentiats. cum Hill to the me" complete. Form had additional oces. it is a peouftimary news only. Wines. cortholl is $58.000, the inspection Is **we that. The committee rocom s - a the con - tree goo Whm, cortholl. There was no public response. Motion passed unanimously by .-311 call vote. 0-18 Lease Renewal of Alswirt Lands - Wommoloo Lathrop Co. At the request at Atty. Delabay. this wW be ddorred. He explained this is in the airport clear ono. Coummilmofto Gliall UM the low with *Akluk in also In the okw aorta. She Silbert Ally. Seldoroft it is was okay. he odd it was. Atty. Dolshey omplafmoil it my be too- triclon on helot. but he wouM We to ohook it out. Council comour"A with detwoment. ------------ 0-19 1"" Renewal of Airport Lands - Ackarly & O'Comell Mayor O'Roft noted this should read, *Assignment of LAsso." MOTION. Councilman Nelson moved. asoonded by Councilwoman Glick. to approve the assignment of imses. L----N—otkm Passed unanimously by mU call vote. 0-24 Wince. CMVWU. Oryom a fteas - Billing 1br Prontage Road - $10.314 NO'! IM: CoOmilISM MONA" maned. Wooded by Counellwamn Glick. to appiwe the MR. "A-4111 mpo" 1791 CITY OF r%L111^1 / lul 4 210 FIDALGO KENAI, ALASKA 99811 TELEPWONE 283 - 7535 FAX 907-283.3014 TO: William J. Brighton, City Manager FROM: Keith Kornelis, P.W. Director DATE: September 13, 1989 SUBJECT: Gravel Roads in Kenai REF: John Wise's letter of 9/8/89 FOR: Council meeting of 9/20/89 - I'TION Attached is a list of gravel roads and their approximate lengths within the City of Kenai. I have listed 125 gravel roads for roughly 136,730 feet or 25.9 miles. We have approximately: 26 miles of gravel roads +33 miles of paved roads 59 miles of total roads Our state revenue sharing request was for a total of 59.06 miles. I included the paving we are about to do in the VIP Subdivision, Lawton - Candlelight to Golf Course, and the Fathom/Toyon intersection as part of the paved roads. I have also attached a copy of John Wise's letter of 9/8/89 which you requested that I answer. I hope the attached list is what you are looking for. John E Wise 614 Cedar Drive Kenai, Alaska 99611 8 Sep tuber 1989 Mr Wm J Brighton City Manager 210 Fidalgo Street Kenai, Alaska 99611 Dear Bill, This is to confirm my request by telephone earlier this week for a copy of the most recent City of Kenai Application for State Revenue Sharing. The portion I an espeeWW dews to obtain is that relating to street mileage and type of street, paved or gravel Then, of these, I would like to know the indidual streets that are gravel and their lengths and as necessary their lim tid# pwa ete rs} from what, e to where. I am, of course, requesting this under provisions of the Alaska Statues relating to public records. In addition, I am requesting a copy of the City's most recent audit. w ' ` Sincerely John E Wise 143031-14?. s Z .- S r�pq 11 r Page 1 Code: M = Maintained KS = Not to Spec NM = Not Maintained W = Winter Maintenance On1Y G = Gravel P = Paved ROAD NAME LOCATION FROM TO STATUS LENGTH COMMENTS ALPINE SPUR TERMINUS G/W/NS 1280 VERY POOR RD. MAYBE NOT IN ROW 4-PLEX DRIVE. SPUR TERMINUS G/W/NS 320 ILLIAMNA SPUR TERMINUS G/W/NS 320 EVERGREEN SPUR 5TH AVE.(FUT.) G/M 2400 READY FOR STRIP PAVING HALLER SPUR 5TH AVE.(FUT.) G/M 2400 MCKINLEY SPUR 5TH AVE.(FUT.) G/M 2400 N. GILL SPUR 5TH AVE.(FUT.) G/M 2400 SECOND EVERGREEN FOREST G/M 2560 =THIRD EVERGREEN FOREST IG/M 2560 `FOURTH EVERGREEN FOREST G/M 2560 O'BRIEN COURT FOREST TERMINUS G/M 320 POOR DRAINAGE FIRST FOREST TERMINUS G/1,1 640 SECOND FOREST TER14IIJUS IGIM 640 THIRD FOREST TER1-1I14US I G/M 640 JEFFERSON FOURTH TERMINUS G/M 480 Page 2 ROAD NAME LOCATION FROM TO STATUS LENGTH COMMENTS MONROE HALLER TERMINUS G/M 240 EADIES WAY FOURTH TERMINUS G/M 640 CINDY CIRCLE FOURTH TERMINUS G/M 320 ASPEN FOURTH TERMINUS G/M 320 POOR DRAINAGE (ROW?) SPRUCE FIRST FOURTH G/M 2080 5TH FLT.PL.ROAD TERMINUS G/M 1120 3RD FLT.PL.ROAD SPRUCE G/M 1360 2ND FLT.PL.ROAD SPRUCE G/M 1360 TOYON FATHOM TOYON G/W/lJS 800 DRAINAGE CORAL FIRST SPUR G/M 1360 COHOE CORAL MAIN ST. LOOP G/14 800 PRINCESS LANE SPUR TERMINUS G/M 2080 MAGIC PRINCESS MCCOLLUM GIM 2720 CINDERELLA SPUR TERMINUS G/M 1680 HUTTO MAGIC TERMINUS G/M 400 I 1 Page 3 ROAD NAME LOCATION FROM TO STATUS LENGTH COMMENTS MCCOLLUM SPUR TERMINUS G/M 1600 W. ALIAK MCCOLLUM SPUR JG/M 1120 CHINITNA PL. W. ALIAK TERMINUS IG/M 720 N.LINWOOD EXT. SPUR I TERMINUS G/M 1200 FOX LINWOOD TERMINUS G/M 720 SHOTGUN DR. SPUR TERMINUS G/M 880 N. DOGWOOD SPUR TERMINUS G/M 2400 N. LUPINE SPUR TERMINUS G/M 1200 PHILLIPS N. DOGWOOD N. LUPINE G/M 2000 STANDARD N. DOGWOOD N. LUPINE G/M 2000 RICHFIELD N. DOGWOOD STANDARD G/M 1920 ROSS SPUR WORTHAM G/M 640 WORTHAM ROSS TERMINUS G/M 2250 WOLFE WORTHAM DEVRAY G/M 960 DEVRAY TERMINUS TERMINUS G/M 1280 Page 4 ROAD NAME LOCATION FROM TO STATUS LENGTH COMMENTS RANCE CT. WOLFE TERMINUS G/M 480 SHANE CT. WOLFE TERMINUS G/I4 480 JOHNISSE CT. WORTHAM TERMINUS G/M 560 CHISIK ST. MINK AVE. KING SALMON G/M 1360 NIGHTHAWK LN. SIL.SALMON CHISIK ST. G/I4 1280 MUSKRAT DR. SIL.SALMON NIGHTHAWK LN. G/M 1040 MINK AVE. CHISIK !� TERMINUS G/M 320 S.SIL.SALMON SPUR i CHINOOK CT. G/M 240 CHINOOK CT. S.SIL.SAL. TERMINUS G/M 320 S. STRAWBERRY SPUR KENAITZE CT. G/M 480 KENAITZE CT. TERMINUS TERMINUS G/M 880 SANDPIPER LN. EAGLE ROCK TERMINUS G/M 720 ROBIN DR. SPUR TERMINUS G1M 720 THOMPSON PL. SPUR TERMINUS G/M 320 TOGIAK SPUR IOWA G/M 1520 Page 5 ROAD NAME LOCATION FROM TO STATUS LENGTH COMMENTS DOGWOOD SPUR FERN G/M 720 LUPINE SPUR FERN G/M 1440 PRIMROSE FIREWEED IOWA G/M 1360 FORGET-ME-NOT FIREWEED FERN G/M 720 WILDROSE NEVADA EISENHOWER G/M 880 FIREWEED TOGIAK LUPINE G/M 1600 FERN TOGIAK LUPINE G/M 1280 NEVADA TOGIAK WILDROSE G/M 1200 IOWA TOGIAK WILDROSE G/M 1280 EISENHOWER IOWA WILDROSE G/M 1040 WATERGATE KETCH TERMINUS G/M 240 WATERGATE LARA TERMINUS G/M 400 CLIPPER CIR. WATERGATE TERMINUS G/M 320 SCHOONER CT. WATERGATE TERMINUS G/M 320 WINDJAMER CT. ' PIRATE LN. TERMINUS G/M 400 Page 6 ROAD NAME LOCATION FROM TO STATUS LENGTH COMMENTS BALEEN AVE. PIRATE LN. TERMINUS G/M 3520 SET NET DR. WATERGATE BOWPICKER G/M 3200 SEINE CT. BALEEN TERMINUS G/M 1600 SET NET CT. SET NET DR. TERMINUS G/M 720 BOWPICKER TERMINUS TERMINUS G/M 1680 SAND DOLLAR DR VIP TERMINUS G/M 1600 SALMON RUN DR. VIP TERMINUS G/M 1520 SALMON ' SALMON RUN TERMINUS G/M 320 VIP LORA DR. TERMINUS G/M 640 JULIUSSEN BEAVER LOOP TERMINUS G/M 960 N. AMES BEAVER LOOPI TERMINUS G/M 1360 S. AMES BEAVER LOOP I TERMINUS G/M 2960 DOLCHOK BEAVER LOOP BASIN VIEW G/M 2640 BASIN VIEW S. AMES DOLCHOK G/M 480 KIM-N-ANG DOLCHOK TERMINUS G/I.1 880 Page 7 ROAD NAME LOCATION FROM TO STATUS LENGTH COMMENTS CUB DOLCHOK TERMINUS G/M 320 ANGLER DRIVE BEAVER LOOP TERMINUS G/14 5000 BARABARA DR. BEAVER LOOP TERMINUS G/M 1840 BOAT LAUNCH BRIDGE ACC. TERMINUS G/H 2640 BLARNEY CIR. E. ALIAK TERMINUS G/14 240 BRANNIGAN CIR. E. ALIAK TERMINUS G 240 SHAMROCK CIR. E. ALIAK TERMINUS G/I4 240 SHILILLAH CIR. E. ALIAK TERMINUS G 240 ROY WAY E. ALIAK TERMINUS G/A 480 `DAVIDSON ST. SPUR BUMBLEBEE G/111 720 BU14BLEBEE ST. DAVIDSON ST TERMINUS G/M 720 LAWTON DR. GOLF COURSE TERMINUS G/14 640 PARK ST & E. COLONIAL LAWTON TERMINUS G/14 960 MID. COLONIAL CANDLELIGHT BAKER G/M 720 BAKER COLONIAL TERMINUS G/M 320 Page 8 ROAD NAME LOCATION FROM TO STATUS LENGTH COMMENTS W. COLONIAL DR LINWOOD TERMINUS G/M 400 LANTERN (CAMAI CANDLELIGHT TERMINUS G/M 240 KIANA LANE LINWOOD DOLLY VARDEN G/M 720 DOLLY VARDEN SPUR KAKNU WAY G/M 880 KULILA PL. DOLLY VARD. KAKNU G/M 560 STEELHEAD TINKER TERMINUS G/W/NS 400 CROW COURT TINKER TERMINUS G/14 240 PENNY COURT TINKER TERMINUS G/14 240 COOK DRIVE MAIN ST. BROAD ST. G/M 880 BROAD ST. COOK DR. I PENINSULA DR. G/M 320 RIVERVIEW DR. COOK DR. COOK DR. G/M 560 MISSION AVE. COOK MAIN STREET G/M 720 MAIN STREET MISSION COOK G/b1 400 UPLAND DR. COOK DR. OVERLAND AVE;. G/M 880 MAYBE PAVE 90? HIGHLAND AVE. UPLAND DR. MAIN STREET G/M 640 MAYBE PAVE 90? Page 9 ROAD NAME LOCATION FROM TO STATUS LENGTH COMMENTS FAA DRIVE FRONTAGE TERMINUS G/M 490 SENIOR CT. FAA DR. TERMINUS G/M 240 KENAI BEACH RD TERMINUS TERMINUS G/M 2880 PETERSON ALASKA AVE. MISSION G/I4/14S 480 ROAD ON RUSSIAN CHURCH PROPERTY MISSION AVE. PETERSON OVERLAND G/M/NS 560 ROAD ON RUSSIAN CHURCH PROPERTY :r,n1r0 -13 1791•• CITY OF KtNA1 Cajai4d 4 4�a4" -- 1 _ 210 FWA LGC KIWAI, ALASM 9mi tELEP" ONE 299 - MS FAX 907.283.3014 TO: William J. Brighton, City Manager FROM: Keith Kornelis, P.W. Director DATE: September 8, 1989 SUBJECT: To Do List from City Council meetina of 9/6/89 FOR: Council meeting of September 20, 1989 1. K. Kornelis - Check into ao3}cies in road, driveways off center. Lawton, Kaknu. The morning after the City Council meeting of 9/6/89, around 8:00 a.m. I drove through this area looking for scratches or gouges in the road and driveways that were off center. I could not find any of the gouges.or driveways that were very far off from the existing driveways. I decided I would have to check with the Mayor as to the location of the gouges he mentioned at the Council meeting. Councilman Smalley said the driveway at 105 Linwood was off center, however, I could not detect that it was. Later on that afternoon Phil Bryson, of the design, engineering and inspection firm on the project, went through the project also looking for gouges in the road and off center driveways. He came to the same conclusion that I did, not finding the problem. On Friday, September 8, I met Mayor Williams on Kaknu, between Candlelight and Linwood. Mayor Williams showed me an area that was two (2) feet from the edge of the road where the grader had some small rocks caught under the blade which scratched the pavement. I explained the scratches would do no harm and in fact, on some of the state's more recent jobs they are actually intentionally putting in half inch or more deep gouges along the sides of the road as part of the contract. In any case, the Mayor agreed that there was no repair work necessary for what has been done. He said that his point is that it's a shame to see a new road scratched such as this was. Attachment A is a copy of photographs of the two driveways that go into 1.05 Linwood. You will note that the asphalt lines up directly with the concrete on the sides of the driveway. To me, it looks like if we were to shift these driveways one way or the other, even a little bit, it would be then off center and not aligned with the concrete of the driveways. Perhaps Mr. Smalley was requesting that Page 2 there be a larger radius for more pavement in the area coming into his driveway instead of the driveway being off center. The standard for driveway radius is five (5) feet. If additional pavement is needed we can hire QAP or Harley' s to lay down more asphalt under a seperate contract. I did not go through the final inspection tour on this project, however, the contractor has completed the final punch list that WCB and the City Engineer came up with. The project has been accepted by the City. 6. K. Kornelis - ChecN into availability of water & sewer,, Cook Inlet Ind. Air Park, Lot 9. Please see Attachment B that shows where the water and sewer line runs near Lot 9, which is adjacent to the airport triangle. In order to get water and sewer to this lot it would require boring under or trenching across the asphalt. 9. K. Kornelis - Agreement between City & Borouah for land fill - aive copy to Betty Glick. On Thursday morning, after Council, I went out to talk with the Glick's about their driveway and the ditch in front of their house. I gave Carl Glick a copy of the agreement that we have with the K.P.B. concerning our landfill. I met with Mr. Glick at 9:00 a.m. to discuss his problem that he had with the work that our crews did in the ditch in front of their house. I have written another memo concerning this subject. 10. K. Kornelis - Check on manhole on Aliak. As you can see from the pictures on Attachment C, we have two manholes that were in the approach driveways to future cul-de-sacs that were paved over. These manholes were well below grade and had gravel over them and went undetected when the construction company asphalted the aprons for the future cul-de-sac. These manholes are off the road on the future road to the cul-de-sacs. When our City crew came through to clean the sewer lines we had to chip around the manholes and raise them up to the asphalt height. Besides being inconvenient for our crews this has presented no real problem and we plan on placing asphalt around these manholes in the very near future. In fact, we had planned on making the asphalt repairs today, however, our operation got rained out. 11. K. Kornelis - Report on number of people going into the dump and the tonnage. I have called the R.F.B. and received the tonnage from 1982 to the present, June 30, 1989. The tonnage is measured from July 1 to June 30. Page 3 Year 1988-89 1987-88 1986-87 1985-86 1984-85 1983-84 1982-83 The K.P.B. said in by Peninsula at this time bu us prior to the Tonnage 16,203 15,925 18,208 20,317 17,627 17,590 13,986 that approximately 60% of this tonnage was brought Sanitation. They did not have the vehicle count t Kathy Myers said that she will try to have it to September 20th Council meeting. 13. K. Kornelis - Report Council chairs that are noisy and tip backwards. I have talked to Denis, our maintenance man, and he will go through the chairs and oil them as best he can to try and get rid of the squeaks. Denis will also tighten the screws and bolts on the chairs in an effort to try and sturdy the chairs up somewhat. I ordered these chairs around 1979, just before moving into our present City Hall. They have had about 10 years worth of wear. If the Council so desires, we could look into replacements. 15. K. Kornelis - Check for repairs of ruts on Lawton across from Tinker. I went out and found an area off of the road up on the back side of the shoulders where Quality parked some of their equipment and left some ruts. I assume that's the area that Councilman Smalley was talking about. I have talked with Jon, Q.A.P., and he said that they would take care of the ruts and clean up the area where they parked their equipment when they come to do the Lawton Extension project. Attachments: A - Photos of 105 Linwood Driveway B - Lot 9, CIIAD C - Manholes on E. Aliak 7f � --� TO DO LIST SEPTEMBER 6, 1989 KENAI CITY COUNCIL 1. K. Kornelis- Check into gouges in road, driveways off center Lawton, Kaknu. 2. R. Ernst - Contact FAA for written confirmation of funding for float plane basin commercial slips. 3. J. Ruotsala - Comm/Comm Secretary contract for 9-20 meeting. 4. J. Ruotsala - Notify Henry Penny and Marian Nelson of EDC appointments. 5. J. Ruotsala - Notify Brittany Nowak of Library appointment. 6. K. Kornelis_t Check into availability of water & sewer, `Cook-Sn3&F Ind. Air Park, Lot 9. 7. T. Rogers - Proposal for commercial rental of Sr. Center for 9-20 meeting. 8. J. Ruotsala - Schedule special meeting on Sept. 27, -7:-00--?library, personnel review. 9. IC. Kornel. - Agreement between City & Borough for land .-.il-1—i.xe copy to Betty Glick. 10. `-K,._�e,s-- Check on manhole on Aliak. 11. Korneli__s ..- Report on number of people going into dump and tonnage. 12. B. Brighton - Report on where Borough taxes go. 13."'X:�ritT Report Council chairs that are noisy and t� 1p_bwards. 14. Councilman Smalley, Councilwoman Swarner - Work with High School to develop program for student representatives for Comm/Comm. 15.rnelis - Check for repair of ruts on Lawton across �' rom`'�i" nor . 3r Q A r )OS «rT OR/YemmlI W. IW qw Ot 14 w.,_ QK f 'qm7 A To Fwvow Cr�r•Mi�t •1 • a JV ,, I rNF0 ai U / ,i bl_ US Arff* COMB Of Engumers GP 89-5 ac� u 1 A�G't5S rO ran Reg ch In reply refer to above IdentiiiCation Number Post Office Box 898 Ancnorage, Alaska 99506-0898 EXPIRES: 9 October 1989 for certain activities on the X*nai River f SEP J 3 A General Permit is proposed under authority of Section 404 can Water Act (3.3 USC 1344) and Section 10 of the River and HarJP 403) to authorize certain activities within the 1enai Rivera EPr tributaries. SUMMARY: The attached proposed General Permit with its Special and GeneraConciitions outline the criteria which would need to be met in order for work to be accomplished under this proposed General Permit. If a proposed project does not meet the requirements of the conditions, the proposed General Permit would not epP.l.y and an individual Department of the Army permit application Faust be submitted. The proposed General Permit would be effective for a period of five years. At the end of the five year period, an evaluation of the program would be made and at that time it would be decided whether or not this permit should be renewed. The District Engineer may, at any time during this five year period alter, modify, or revoke this permit, if he deems such action to be in the public interest. WATER WAU IITX CERTIFICATION: The proposed General Permit would not be issued until a cart ica on or waiver of certification as required under Section 401 of the Clean Water Act (Public Law 95-217), has been received from the Alaska Department of Environmental Conservation. COASTAL ZCIIh1E MANAGEMENT ACT ICA►TION: Section 307 (c) (3) of the Mstal Zone Management Act of 1972, as amended by 16 U.S.C. 1456(c)(3), requires that this proposal which affects land or water uses in the Coastal Zone complies with the Alaska Coastal Management Program. This proposed General Permit would not �e issued until the Office of Management and Budget,? Division of Governmental. Coordination has concurred that this proposal complies with the Alaska Coastal Zone Management Program. PUBLIC HEARING: Any person may request, in writing, within the comment peiiir od s cra"ed in this public notice, that a public hearing be held to consider this proposal. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. CULTURAL RESOURCES: The latest published version of the National Register of Historic Places as been consulted for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this proposal does not affect registered property or property listed as being eligible for inclusion in the Register. .: *44A . Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer at this time, and he is otherwise unaware of the presence of such resources. This application is being coordinated with the State Historic Preservation office. Any comments they may have concerning presently, unknown archeological, scientific, prehistoric,, or historical data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the described work. ENI}�,NGERED SPECIES: No threatened or endangered species are known to use the pro tea which would be covered by this primed general permit. Preliminarily,, the described activity will not affect endangered species, or their critical habitat designated as endangered or threatened, under the Endangered Species Act of 1973 (87 Stat. 844). This proposal is being coordinated with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of this proposal. FEDERAL SPECIES OF COWERN: The following Federal species of concern may use the pro3ect area: Canada Goose, Bald Eagle, Mallard, Lesser Sandhill Crane and Aleutian Tern. FLOOD PLAIN MRNAGEMENT: Evaluation of this proposal will include con ormancme appropriate State or local floodplain standards; consideration of alternative sites and methods of accomplishing any work performed under this proposal; and weighing of the positive, Concentrated and dispersed, and short and long-term impacts on the flood plain. SPECIAL AREA DESIGNATION: The area covered by the proposed general permit es partly h e e-nai River Special Management Area, a cosponent of the Alaska Division of Parks. EVALUATION: The decision whether to issue this proposal will be based on an eva uat on of the probable impacts including cumulative impacts of this proposal on the public interest. Evaluation of the probable impacts which this proposal may have on the public interest requires a careful weighing of all those factors which become relevant for this proposal. The benefits which reasonably may be expected to accrue from this proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize this proposal and, if so, the conditions under which it will be allowed to occur, are, therefore, determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to this proposal must be considered, including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving 404 disommps, a pencd.t will be denied if the discharge that would be authorbod by such paximit would ntrt c=ply with the Environmental Protection Ag y's 404(b)(1) guidelines. Subject to the preceding sentence and wW other applicable guidelines or criteria (see Sections 320.2 and 320.3), this general pewit will be granted unless the District Na#n"r detemines !that it would be contrary to s public interest. AUTHORITY: This proposal will be issued or denied under the following M'"r""r"es : Section 404 of the Clean Water Act (33 U.S.C. 1344). Therefore the public interest review for this proposal will consider the guidelines set forth under Section 404 (b) (1) of the Clean Water Act (40 CPR 230) . Section 10 of the River and Harbor Act (33 U.S.C. 403). Comments on this proposal should be submitted within 30 days of the date of issuance of this Public Notice. Comments, questions or requests for additia ml information Mould be directed to: Alaska District, U. S. Army Corps of Engl0serse ATTN: regulatory Branch, Post Office Boor 8980, Andwrage, Alaska 99506, or phone lbs. Carol Gorbics at (907) 753-2724 (Anchorage) or (800) 478-2712 (state-wide). District Engineer U.S. Army Corps of Engineers Issue date: Expiration date: Pro ed General Permit 89-5 for Certain Activities on the Kenai River I. ACTIVITY AND PROCEDURES This general permit covers the following activities on the Kenai River and its tributaries, provided the specifications in this general permit are met: Docks Ladders or steps (providing access to the river) Tree Cabling Hank Stabilization Maintenance Dredging II. CONDITIONS 1. All activities listed above are authorized by this general permit if the appropriate permits from the Alaska Department of Fish and Game (ADM) and the Alaska Department of Natural Resources, Divisiion of Parks (ADNR) have been . romived and all portions of the proposed project are covered by.those permits.....-. - -. 2. The permittee must maintain the activity authorized by this proposed General Permit in good condition and in conformance with the terms and conditions of this proposed General Permit. 3. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, the permittee must immediately notify this office .of what has been found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. The permittee must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of this proposed General Permit. III. FURTHER INFORMATION A. Actions covered by valid nationwide permits are not affected by this general permit. However, necessary state and local permits must be obtained, as required. 3 B. A listing of activities permitted by ADNR and ADF&G shall be provided to the Alaska District quarterly within 10 calendar days of the following elates: March 31 (for the period January 1 through March 31) June 30 (for dwperiod April 1 through June 30) Septa er 30 (for the period July 1 through September 30) December 31 (for the period October 1 through December 31) This report shall indicate all activities permitted in the three calendar months previous to the reporting date. The ADNR shall provide this summary to: Corps of engineers, Regulatory Branch Special Actions Section Post office Box 898 Anchorage, Alaska 99506-0898. The summary shall include the following information on each permitted project: applicant's name and address, location of the project, a brief description of the project, the AM permit amber and ADF&G permit number (for future reference purposes). C. This General Permit shall be effective for a period of five ,..- years. At the end of the five year period, an evaluation of the program shall be made and at that time it shall be decided whether or not this permit should be renewed. The District Engineer may,, at any time during this five year period alter, modify, or revoke this permit, if he deems such action to be in the public interest. D. Limits of this authorization. 1. This proposed General Permit or authorizations obtained under this proposed General Permit do not obviate the need to obtain other Federal, State, or local authorizations required by law. 2. This proposed General Permit or authorizations obtained under this proposed General Permit do not grant any property rights or exclusive privileges. 3. This proposed General Permit or authorizations under this proposed General Permit do not authorize any injury to the property or rights of others. 4. This proposed General Permit or authorizations obtained under this proposed General Permit do not authorize interference with any existing or proposed Federal project. im E. Limits of Federal Liability. In issuing this proposed General Permit or authorizations obtained under this prqposed General Permit, the Federal Government does not assume any liability for the following: 1. Damages to an authorized project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. 2. Damages to an authorized project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. 3. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this proposed General Permit. 4. Design or construction deficiencies associated with the authorized work. 5. Damage claims associated with any future modification, suspension, or revocation of this proposed General Permit or authorizations obtained under this proposed General Permit. F. Reevaluation of proposed General Permit decision or of authorizations obtained under this proposed General Permit. This office may reevaluate its decision on this proposed General Permit or any authorizations made under this proposed General Permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: 1. The permittee fails to comply with the terms and conditions of this proposed General Permit. 2. The information provided by the permittee in support of application for authorization under this proposed General Permit proves to have been false, incomplete, or inaccurate r (See 3 above). 3. Significant new information surfaces which this office =a;t did not consider in reaching the original public interest decision. .Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CPR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. i The referenced enforcement procedures provide for the issuance of an administrative order requiring the permittee to comply with the terns and 000ditions of the wed General Permit and for the initiation of leW action **,re appropriate. The permittee will be required to imy for any corrective mmsures ordered by this office,, and if the permittee fails to caqty with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) wish the corrective mew=res by contract or otherwise and bill tho permittee for the cost. G. Additional. Information This general pervilt doesnot require notification to the district engineer prior to commencement of the authorized activity, nor does it require confirmation from the district -engineer that a proposed activity in full compliance with all terms and conditions of this general permit is authorized and may proceed. Nevertheless, a general pemittee may choose to request in writing a verification that his proposed activity is authorized by a specific general permit. The written inquiry must be sent to the Alaska District, Corps of Engineers and must include the following information: (1) Name, address and telephone number of the general permittee; (2) Location of the proposed work; (3) Brief description of the proposed work which includes the information listed on the Application for Authorization form attached to this general permit; (4) Identification of the general permit or permits which apply to the proposed work; (5) Any other information that the general permittee believes is appropriate. To the extent that the Corps limited resources will allow, the Alaska District office will attempt to respond to such a request for verification in a timely manner. If the general permittee's written request for verification is complete, accurate and made in good faith, and the Alaska District does not respond to such inquiry within 20 days after the Alaska District receives such inquiry, the general permittee may proceed with the activity. In such a case, the general permittee's authorization can only be suspended, modified or revoked in accordance with the procedure set forth in 33 CFR 325.7. on the other hand, if the Corps later determines that the general permittee's written request for verification was inaccurate, incomplete or made in 'bad faith, and that the activity was not in fact authorised by the general pe mit, the Pederal Goverivio t may bring an appropriate enforcement action under 33 Grit Part 326. BY AUTHORITY OF THE SECRETARY OF THE ARMY: DRAFT Date: R rt X. 10ja Chief, Regulatory Branch FOR: District Engineer U.S. Army Corps of Engineers Vf; ZNFo-!G CITY OF "Od (?apiW 4 44u44'" 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 263-7535 NOTICE OF SPECIAL MEETING The Kenai City Council will be holding a Special Meeting on Wednesday, September 27, 1989 at 7:00 PM in the Library. To be discussed in Executive Session: Personnel Review: City Manager City Attorney City Clerk Janet Ruotsala, CMC City Clerk DATED: September 13, 1989 DRPA►RTMUNT OF September 11, 1989 Mr. Bill Brighton, City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mr. Brighton: NATURAL,MSPl ACES D1VIS16, N OF MAANA4MENT Cl 1 Manager ST Z7 N V 400 WILLOUGHBY AVE. JUNEAU, ALASKA 9MI-1796 PHONE: (907) 465-2406 Thank you for your interest in helping us acquire lease space for the Kenai Recorder's Office. I appreciate the time and effort you spent on this issue and your hospitality during our visit to Kenai/Soldotna in late July. As you know, the cities of Kenai .and Soldotna each submitted proposals for office space. These proposals were forwarded to the Department of Administration (DOA), which generally handles all office leases for State agencies. After reviewing the package, DOA decided it was in the public interest to acquire the office space through the State bidding process. In the meantime, the Court system agreed to a temporary reprieve on our move until suitable space is obtained. DOA expects to release the call for bids this week. Thanks again for your efforts in helping us obtain office space for the Kenai Recorder's Office. We are looking forward to resolution of this issue and settlement into "new" quarter. Sincerely, Sharon L. Barton Director cc: Lennie Gorsuch, commissioner Rose Farren, State Recorder 10-J42LM Volume 10, No6 3 Ni I Members cdthe Alaska mmnicinu||eaoue�`� are="in """.=o."~".smust "=,"= mhted (postmarked) by October 1 to he placed in and made available ,othe membership for considera- tion during the 39th Annual Local Govern- ment Cmofeoenc*. Resolutions must have been approved by the governing body of the municipality and must be submitted in the proper format to AML. Resolutions submitted ber 1 will be included in the delegate packets and assigned to the appropriaw ,~.,c, section for action.-Resolutions_ap- proved by the policy sections will then be reviewed hythe Resolutions Committee for recommendation onthe membership at the annual business meeting onFriday, Novem- ber 17. 1989.Resolutions inthe proper for- mat andwkh*uR ient copies(50) that were not submitted by October l may be intro- duced during the appropriate policy section. The resolutions procedures and proper for- mat weneindud*dintheb|ueandgray'xGet Ready" conference flyer, sent to all members early inJuly. |/ you need more information about the resolutions pokcy�format, orhow tosubmit resolutions, please call the xMLat 586-1325. Official Notice The Alaska Municipal nual business meeting will be held at Centennial Hall, Juneau, Alaska, at 12:00 noon on Friday, November 17, 1989, as part of the 39th Annual AML Local Government Conference. Major agenda items include adoption of the 1990 Policy Statement and election of AML officers and directors for the up- coming year. Only delegates of mem- ber municipalities in good standing (dues paid) are eligible to vote. Our Apologies Due toaprinters error, the Local! Govern- ment Products and Services Directory 1989 did not identify CH2M Hill, a long-time Associate Member of the Alaska Municipal League and a strong, supporter of local government and League programs, as a member. Our sincere apologies to CH2M MUNICIPAL LEAGUE r1i September 1989 � Centennial Hall, /mneau, the site of the39th Annual Alaska Municipal League Loca/Govern- ment Conference. �� Cowper to Open, ��uescast Close, �� ������� ���._��������U����������ww���nmn�rence An address byAlaska Governor Steve A special treat for those attending ban - Cowper will highlight luncheon quet on Friday night will be an appearance of the 39th Annual Local Government Con- by the 20th Century Bluescast, Alaska's lead- 6ereoce on Wednesday, November 15. a/ in0pn|Nco| satire troupe. B|uescast mom - Juneau's Centennial Hall. Cowper is ex' bers, who have broad experience in the pub- pected to discuss his legislative program for |icsector aswell a*the media, are known in the upcoming session, with aparticular focus Juneau for their biting and perceptive on his proposal for an Education Endow- humor, particularly with respect togov*rn- ment' which he first proposed during the mem operations. Their outlook on local 1989*ession. government will be interesting, as well as The J9t6Annual Conference will also fea entertaining. tumthe annual policy development sessions, The Friday evening banquet, honoring workshops mtrain and inform local govern- Outgoing President Delbert Rexford of the mentofficials, presentation rf the first annual North Slope Borough and |ncumingPnsi- AML Excellence in Local Government dent Dorothy Jones, Mayor of the kxam- /wan/s (see related story, page 5), exhibits, nu,k*5udtna Borough, will also feature and a variety o/ opportunities to get to presentation nfthe Ah4LExcellence inLocal know your colleagues from around Alaska. Government Awards and will 6efollowed 6y The conference's social events kick uU udance. with Wednesday evening's welcoming n.' Plan now ** attend —the l9x8AML[on' oeption'hootedbytheCityan68onuughof fenencepromises io6ethe best yet, and Juneau. Juneau iswaiting u`welcome you. Officers President Delbert Redord Assembly Member, North Slope Borough First Vice President Dorothy Jones Mayor, Matanuska-Susitna Borough Second Vice President Jerome Selby Mayor, Kodiak Island Borough Immediate Past President Heather Flynn Assembly Member, Municipality of Anchorage Directors Dave Dapcevich Assembly Member, City and Borough of Sitka Rosalee Walker Assembly Member, City and Borough of Juneau Kristin Lambert CouncilMember, City of Soldotna Sally McAdoo Council Member, City of Valdez Joe Evans Assembly Member, Municipality of Anchorage Heather L. Sewell Mayor, City of Anderson Paul Chizmar Assembly Member, Fairbanks North Star Borough Frederick Bradley Mayor, City of Elim Harry Purdy Council Member, City of Galena Paul Fuhs Mayor, City of Unalaska Willie Goodwin Mayor, City of Kotzebue Past Presidents Betty Glick Assembly Member, Kenai Peninsula Borough George Carte' Mayor, City of Palmer Ex-Officio Directors Marcelo, Dalke Alaska Association of Municipal Clerks Lee Sharp Alaska Municipal Attorneys Association Dave Palmer Alaska Municipal Management Association Executive Director Scott A. Burgess Staff Chrystal stillhigs Smith Programs Manager Kevin Smith Staff Associate Phyllis Larson Administrative Assistant Gk►nda CAM Secretary AMU1tA Pegg;e J. WWarO Administrative Assistant Utility Relocations — Municipalities Win, Maybe Timothy J. Rogers Attorney, City of Kenai Chalk up another round for the munici- palities in the long ongoing battle of who pays for the cost of relocating utility facilities that have been located within a municipal- ity's right-of-ways when the municipality needs them moved in conjunction with pub- lic works projects. The last report on this topic in the AML Newsletter was in October 1987. The report addressed an end run the utilities had at- tempted to make by getting legislation passed that would burden the municipalities with utility relocation costs, something they had not been able to do by contract or in the courts. AML staff dogged this legislation to make sure the AML position was known to all legislators and that there were knowledge- able municipal representatives available to testify at the various hearings. The bills never got to the floor. A special thanks is in or- der for Representative Swackhammer, who chaired the Finance Subcommittee hearings on the House bill and waswillingto listen to all sides (even the opposition) before making up his mind that the legislation should not pass. Much of the previous opposition by muni- cipalities and AML was due to the fact that legislation was premature and inappropriate since the matter was in the courts and the City of Kenai had been locking horns on the issue with the local electric company and the Alaska Public Utilities Commission since 1982. Ultimately, we were hoping Kenai would win and that the decision would be such that the issue would be finally resolved. While the Alaska Supreme Court did rule in Kenai's favor on the issue of standing to challenge an Alaska Public Utility Commis- sion ruling that said municipalities must pay for utility relocations, the court declined to address the broader issue of who pays (see City of Kenai v. State, PUC, 736 P.2d 760 (Alaska 1967)). The " Supremes ' ruling effec- tively told the lawyers to go back for another year or more of rehashing the same issues on the trial court level, after which the loser can appeal again. The case went back to the Superior Court and was assigned to Judge Madsen of Kodiak. The matter was finally argued in AML NEWSLETTER Kodiak on December 9, 1988. Judge Madsen gave a ten -page written opinion and decision June 14, 1989 (City of Kenai v. State of Alaska, Public Utilities Commission, Case No. 3KN-85-169 CO. We won, right? Well, kinda. See, there is still this judicial doctrine that says a court decides the case before it on the narrowest possible grounds. In this case, that means that while the court said that Kenai wins, the case is not over since the issue of who pays relocations has not been decided. All that has been decided is that the APUC did not have the jurisdiction to make Kenai pay for utility relocations. But even that has not been decided with any finality since Homer Elec- tric Association has filed a notice of appeal in the Alaska Supreme Court. Will the Supreme Court rule on the issue of who pays for utility relocations this time? Maybe. While we will continue to ask the Court to decide the entire case, it is quite possible they will affirm (we win) the deci- sion of Judge Madsen or reverse (we lose) the trial court decision. To complicate matters, HEA has moved the court to lift a stay on another case HEA has with Kenai over specific relocation costs because the case on appeal is taking too long. This would result in having two of the same type of case going at once. Let's hope not. So what happens next? The case will con- tinue in the courts for at least one more, and possibly two more, years. AML will continue to battle the utility legislative lobby should they again attempt special legislation. The big question is, what about all those communities who made payments to utilities to relocate within the municipal right-of- ways? Certainly, there have been enough elections since Kenai first started doing battle in 1982 that a former administrator or elected body can be burdened with the blame. Or maybe somebody can admit they made a mistake. In any event, there is now a Superior Court decision that says APUC can- not order a municipality to pay for utility relocations within municipal right-of-ways. So, if you did, don't, and if you do, you may be spending money that need not be spent. 217 2nd Street • Suite 200 9 Juneau, Alaska 99801 • (907) 586-1325 Page 2 September 1989 photo. Pictured from left to right are: (back row) Joe Evans, Anchorage; Lee Sharp, Alaska Municipal Attorneys Association; Scott Burgess, AML Executive Director; Mayor Paul Fuhs, Unalaska; Mayor Jerome Selby, AML Second Vice -President, Kodiak island Borough; Dave Dapcevich, Sitka; Sally McAdoo, Valdez; Paul Chizmar, Fairbanks North Star Borough; (front ,^ row) Phyllis Larson, AML Administrative Assistant; Mayor Dorothy Jones, AML First Vice - President, Matanuska-Susitna Borough; Heather Flynn, AML Immediate Past President, An- chorage, Mayor George Carte', AML Past President, Palmer, Kristin Lambert, Soldotna; AML President Delbert Rexford, North Slope Borough; Mayor Fred Bradley, Elim; and Rosalee Walker, Juneau. Also participating, but not pictured were Marcella Dalke, Alaska Association of Municipal Clerks; Mayor Willie Goodwin, Kotzebue; Dave Palmer, Alaska Municipal Management Association; and Harry Purdy, Galena. Board of Directors, Legislative Committee Nominations Due This year the AML members will elect seven members of the Board of Directors and a Second Vice President. Because of a change in the constitution approved by the membership in 1988, Directors for Districts 6, 8, and 10 are to be elected for one-year terms, and those for Districts 1, 3, and 5 for two-year terms. In addition, a one-year Director at Large position is open. The Second Vice President is a one-year term, with automatic succession to First Vice President and President. Nominations will not be accepted from Districts 4 and 10 because the AML Bylaws (Article II, Section 3) require AML officers to be from different districts. Currently Dorothy Jones (District 4) is the incoming President and Jerome Selby (District 10) is the incoming First Vice President. Nominations for the above positions must be submitted to Executive Director Scott Burgess or the chair of the Nominations Committee prior to the meeting of the Nominations Committee at the annual con- ference. Nominations will not be accepted later than Wednesday, November 15, at 5.00 p.m. Information on the nomination process and nomination forms were included with the blue and gray "Get Ready" informational flyer in early July. The 1990 Legislative Committee will be ap- pointed by the incoming AML President Dorothy Jones after she takes office November 17. Appointed or elected officials from member municipalities who are in- terested in serving on this very important AML committee should submit the Legis- lative Committee nomination form, which was also included with the "Get Ready" mailing. Nominations may be mailed to the AML office prior to November 3 or given to an AML staff member at the conference prior to 2:00 p.m. on Thursday, November 16. If you need additional forms or further in- formation on the process of nominating either a Board member or a Legislative Com- mittee member, please contact AML. AML Board Meets in Barrow AML President Delbert Rexford, the North Slope Borough, and the City of Barrow hosted the AML Board meeting in Barrow, August 17-18, 1989. The Board approved the draft 1990 AML Policy Statement and FY 90 AML operating budget. The Board passed a balanced budget by restricting publication expenses, travel, and salaries on the expend- iture side and by using cash reserves and in- creasing dues by 3 percent on the income side. The Board held its meeting at the National Arctic Research laboratory, now owned and operated by the Barrow village corporation, Ukpeagvik Inupiat Corporation. The City and the Borough held a dinner in honor of the AML Board and the members of the Alaska Conference of Mayors (who also met in Barrow just prior to the Board). The peo- ple of Barrow also treated the Board and mayors to an Eskimo dance. Mike Scott, City Manager of Kotzebue and Chair of the AML Legislative Committee, presented a report to the Board on the ac- tivities of the Legislative Committee over the past year and the recommendations of the Steering Committee from their July meeting in Kodiak (see related story, page 5). The Board made some revisions to the commit- tee's recommendations and approved a draft Policy Statement for 1990. The draft will be sent to the AML members soon for them to read and discuss and prepare amendments prior to the annual conference in Juneau in November. The Board also tentatively ap- proved the Committee's recommended legis- lative priorities with some additions. The Board will review the priorities following the annual conference and those finally adopted by the Board will become the AMUs Munici- pal Platform for 1990. The tentative legisla- tive priorities are: • Adequate funding of the municipal assistance and revenue sharing programs • Full funding of the education foundation and school construction debt reimburse- ment programs • Passage of legislation (HB 37/SB 100) establishing an equitable school construc- tion grant program • Passage of a legislative package providing for a variety of fiscal stability measures for municipalities; including: —change senior citizens/disabled veterans property tax exemption program to a state -administered rebate program —establish an offshore fish tax program —allow municipalities to tax electric and telephone cooperatives directly —revise motor vehicle registration tax rates to be more equitable in relation to other forms of personal property —allow municipalities to waive certain taxes if the cost of collection exceeds the potential revenue (continued on page 4) AML Newsletter Page 3 Municipal Associations to Meet in Juneau Several of Alaska's municipal associations have scheduled meetings and training sessions in conjunction with the 39th Annual AML Local Government Conference. In most cases these organizations are willing to open their training sessions to non- members, and the opportunity to broaden one's horizons by parti- cipating is a good one for many municipal, officials. Below are the organizations and the days they are meeting. Alaska Association of Assessing Officers Monday, November 13, thru Wednesday, November 15 Alaska Association of Chiefs of Police Tuesday, November 14 Alaska Association of Municipal Clerks Sunday, November 12, thru Tuesday, November 14 Alaska Chapter, American Planning Association Tuesday, November 14 Alaska Conference of Mayors Tuesday, November 14 Alaska Municipal Attorneys Association Monday, November 13, thru Tuesday, November 14 Alaska Municipal Finance Officers Association Sunday, November 12, thru Wednesday, November 15 Alaska Municipal Management Association Monday, November 13, thru Tuesday, November 14 Alaska Women in Government Friday, November 17 Southwest Alaska Municipal Conference Tuesday, November 14 Information on locations, program content, and fees will be published in the next issue of the AML Newsletter or can be obtained by contacting the Association presidents (listed in your Loc it (.oaernment Products and Serv- ices 01-redory). AML BoaM (continued from page 3) —remove the sales tax cap —allow municipalities to tax alcohol separately —allow municipalities to tax state and federal property held for resale —reaffirm local governments' authority to levy severance taxes —allow municipalities to tax Alaska Rail- road property • Passage of legislation providing grants to municipalities for replacing outdated and non -conforming underground fuel storage tank and for cleaning up spills in order to meet EPA mandates and to protect ground- water • Protection of the existing raw fish tax pro- gram and improved enforcement • Passage of legislation and adequate pro- gram funding to help municipalities ade- quately manage solid and hazardous waste, especially in light of new federal and state mandates The Board approved a revised budget for FY 89 and approved hiring Funk, Baxter, Elgee and Rehfeld, CPAs, to perform the an- nual AML audit for FY 89. The Board also ap- proved a status quo budget for FY 90 of $525,421. While the $525,421 estimate for FY 90 is down from the $558,864 estimate for FY 89, the expected income is also down. In order to balance the budget, the Board approved a 3 percent increase in member dues, the first dues increase since 1984. In order to hold the dues increase to 3 percent, the Beard restricted expenditures for travel, publications, and salary increases and ap- proved using over $40,000 in reserves. This is the second year the Board has approved us- ing reserves to meet expenses. The current Board policy is to not decrease AML's fund balance to less than 25 percent of its annual budget. In other action, the Board appointed the new AMUJIA Board of Trustees to take office in November (see related story, page 12). Board members discussed and expressed their concern about the decision of the Kenai Peninsula Borough Assembly not to continue the Borough's membership in the AML next year. The Board discussed several possible amendments to the AML Constitution and Bylaws dealing with elections and other items, but decided to appoint several sub- committees to look into the issues raised and report back to the Board in November rather than recommending changes this year. The Board also heard a committee report and recommendations from Kristin Lambert, Chair of the Annual Conference Review Committee. The recommendations will be reviewed by the AML Legislative Committee and then by the Board before they are . adopted for implementation at next year's or a future annual conference. The recommen- dations will be summarized in a future AML Newsletter and will be presented at the an- nual meeting in Juneau. Finally, the AML Board accepted the bid from the Municipality of Anchorage to hold the 40th Annual Local Government Confer- ence in Anchorage in November 1990. Last year's bid by the cities of Kenai and Soldotna and the Kenai Peninsula Borough was also before the Board for consideration. Thanks to the hospitality of the people and municipal officials of the North Slope Borough and Barrow, the AML Board meeting was productive and enjoyable. Congress of Cities in Atlanta The National League of Cities will hold its 66th Annual Congress of Cities and Exposi- tion November 25-29 in Atlanta, Georgia. This year's theme, "Progress Through Perfor- mance, Participation, and Partnerships;' will be the focus of more than 50 workshops, which will emphasize performance from your municipality's departments and em- ployees and yourself, participation from your community; and partnerships with state and local governments as well as international linkages. Pre -conference seminar topics in- clude "Managing Municipal Solid Waste," Ethics in Government;' "Local Campaign Skills and Organization," "Service Delivery: Cutting Costs, Improving Performance," and "Learning from Success: How to Organize a City -to -City Information Exchange." All workshops, seminars, and policy sec- tions will provide local officials an opportuni- ty to listen to and talk with experts from the federal government, cities and towns, and public interest groups concerned with city issues. Atlanta is the traditional capitol of the South, the transportation hub, business mec-• ca, and population center of the region. The 66th Congress of Cities and Exposition prom- ises to be a worthwhile conference. For more information on the 1989 Congress of Cities, contact AML at 586-1325 and we will send you registration materials. N Page 4 September 1989 Rd p bi , Awards Program"Deadline September 30th September 30th is the deadline for submit- ting your municipality's nomination for the Municipal Official of the Year awards of the Alaska Municipal League's Excellence in Local Government Program. The AML will honor both an Elected Official of the Year and a Munic41a1 Employee of the Year at the Annual Local Government Conference in November. The AML Board of Directors instituted the Excellence In Local Government Awards Pro- gram at its February Board meeting to recognize individuals from member municipalities who have made lasting and worthwhile contributions to local govern- ment, the citizens of Alaska, and the Alaska Municipal League. A nomination form and a copy of the rules was sent to each municipality with the June/July issue of the AML Newsletter. Nominees for the awards will be judged by the AML Board of Directors on the following criteria: (1) The individuals must come from a member municipality. (2) The individuals will be judged on their contribution to local government at the statewide level and, if their contribution is an innovative program, by the adaptabil- ity of the program to other municipalities. (3) The individuals will be judged on their contribution to the betterment of local government within their municipality. (4) The individuals will be judged on their contribution to the AML and how their efforts have assisted all municipalities in the State in pursuing the recognized goals of municipalities. Please remember that, for both the Elected Official and the Municipal Employee of the Year awards, the nominations must be signed by two elected officials of the sponsoring municipality to ensure community support. Annual winners will receive an individual plaque at the AML Annual Conference and a write-up in the AML Newsletter. Their names will be listed on plaques that will remain per- manently at the AML office in Juneau. September 30 is also the deadline for nominations for the Outstanding Contribu- tion Award. Nominations will be accepted from any AML member, municipal or associ- ate, the Board of Directors, or the Executive Director through the use of the nomination form. The Board of Directors and the Ex- ecutive Director will judge nominees against the following criteria: (1) Contribution to the League; (2) Promotion of League ideals, philosophy, and goals; (3) Contribution to local government at a statewide level; (4) Involvement with municipal concerns and issues; and (5) Statewide leadership. Judi Slajer, Chief Financial Officer for the Fairbanks North Star Borough and AML Legislative Committee member, and Jim Plasman, DCRA Municipal Assistance and Revenue Sharing Divi- sion Deputy Director, are attentive at the recent Legislative Committee meeting in Kodiak. Winners of the Outstanding Contribution Award will receive an individual plaque at the AML Annual Conference. Recognition of the hard-working individ- uals in your municipality is important, as is the recognition of those individuals who help local governments in general through their contribution to the AML. In addition, having a winner from your municipality is good public relations. Please take time before the end of the month to evaluate your elected officials and your employees and nominate your finest for these awards. Legislative Steering Committee Meets in Kodiak Legislative Steering Committee members from all over the state enjoyed Kodiak's sun- ny weather as they gathered to review and revise the AML Policy Statement in mid -July. After a day and a half of concentrated effort, Chair Mike Scott of Kotzebue and other committee members had drafted a series of recommended changes in the Policy State- ment, made recommendations for legislative priorities for the 1990 session, and expanded their understanding of the variety of issues facing Alaska's local governments. Chair Scott agreed to present the recommenda- tions of the committee to the AML Board of Directors at its Barrow meeting (see related story, page 3, for a report on that meeting and a discussion of the proposed legislative priorities). AML members will soon receive a copy of the Draft 1990 Policy Statement for review before the AML Conference. Representative Cliff Davidson of Kodiak addressed the group, as did Jim Plasman, Deputy Director of the Municipal and Re- gional Assistance Division of the Department of Community and Regional Affairs. The Kodiak Island Borough was an excellent host for the meeting, due to the efforts of Borough Clerk Gaye Vaughan, Chair of the Education, Municipal Elections, and Local Government Subcommittee, and Mayor Jerome Selby, AML Second Vice President. The Borough hosted dinner, and Gaye, at the wheel of a small bus, proved to be a great tour guide. Legislative Committee members at the meeting were Mike Scott, City of Kotzebue, Chair; Gaye Vaughan, Kodiak Island Bor- ough; Michael Gatti, Matanuska-Susitna Borough; Tim Rogers, City of Kenai; Dave Soulak, City of Palmer; Roberta Smith, City of Barrow; Bob Brodie, City of Kodiak; Gary Lewis, Matanuska-Susitna Borough; Judi Sla- jer, Fairbanks North Star Borough; and Tom Boedeker, Kenai Peninsula Borough. AML Executive Director Scott Burgess and Pro- grams Manager Chrystal Smith also parti- cipated in the meetings. AML Newsletter Page 5 ALASKA MUNICIPAL LEAGUE 39TH ANNUAL LOCAL GOVERNMENT CONFERENCE November 1989 Centennial Hall Juneau, Alaska TENTATIVE AGENDA Note: Unless otherwise noted, Conference activities are at Centennial Hall. Further information on specific times of events will be available later. Sunday, November 12 Association Meetings Monday, November 13 Association Meetings Tuesday, November 14 Association Meetings Newly Elected Officials Seminar Board of Directors Meeting Afternoon Registration Evening Newly Elected Officials Reception Wednesday, November 15 Registration Exhibits Morning Newly Elected Officials Seminar AML/JIA Members Breakfast Meeting Workshops/Training Sessions Noon Opening Session and Luncheon Afternoon Policy Sections Workshops/Training Sessions Caucus Meetings Evening Host Municipality Reception Thursday, November 16 Registration Exhibits Morning Policy Sections Agency Roundtables Noon Luncheon and General Session Nominations Committee Report Afternoon Policy Sections Workshops/Training Sessions Caucus Meetings Evening Resolutions Committee Meeting Special Event Friday, November 17 Morning Exhibits Registration Workshops Polls open for election Noon -Afternoon Working Lunch & Annual Business Meeting Policy Statement and Resolutions presentation and voting Announcement of new officers Evening President's Reception Annual AML Banquet and Dance Saturday, November 18 Morning Breakfast Meeting of new AML Board of Directors and AML Legislative Committee—Westmark Juneau Hotel Census Local Review Training Session Conference Hotel Information AML has blocked most of the hotel rooms `•, in downtown Juneau for use by conference delegates. Because Juneau has limited hotel space, however, it will be very important for you to reserve rooms early. When you make your reservations, please be sure that you mention that you will be attending the AML Conference so you can (1) get a room and (2) receive the special conference rate offered by each hotel. All the hotels are within walking distance of Centennial Hall, which will serve as the conference headquarters. Several of them provide transportation from the airport; please check when you make your reserva- tions. Juneau also has private shuttle bus lines and a good fleet of taxis, and AML will notify them to expect lots of business during conference%eek. Westmark Juneau 51 Egan Drive, Juneau 99801 Telephone: 907-586-6900 For reservations: (in Alaska) 800-478-1111 (outside Alaska) 800-544-0970 No. of rooms: 75 Rate: $64+ 11% tax (double or single) Westmark Baranof 127 Franklin, Juneau 99801 Telephone: 907-586-2660 For reservations: (in Alaska) 800-478-1111 (outside Alaska) 800-544-0970 No. of rooms: 175 Rate: $59+ 11% tax (double or single) Alaskan Hotel 167 S. Franklin, Juneau 99801 Telephone: 907- 5 86-1000 For reservations: 800-327-9347 No. of rooms: 35 Rates: $25+ I I% tax (shared bath); $36+ 11% tax (private bath) Breakwater Inn 1711 Glacier Hwy., Juneau 99801 Telephone: 907-586-6303 No. of rooms: 40 Rate: $35+ 11 % tax Driftwood Lodge 435 W. Willoughby Avenue, Juneau 99801 Telephone: 907-586-2280 No. of rooms: 56 Rates: $44-$74+ 11% tax (depending on room size and number of people) Inn at the Waterfront 455 S. Franklin, Juneau 99801 Telephone: 907-586-2050 No. of rooms: 15 Rates: $28-$115 + 11 % tax (depending on room size and type; complimentary continental breakfast and steam room) Prospector Hotel 320 Whittier, Juneau 99801 Telephone: 90 7- 586- 3 7 3 7 No. of rooms: 45 Rates: $60+ 11% tax (singles and doubles) $70+ I I% tax (triples) $80+ 11% tax (quads) v v Page 6 September 1989 nd tf " for Idsmi Air Fare Discounts for Conference Discounts on air travel to the Alaska Municipal League's 39th Annual Local Government Conference in Juneau have been negotiated. Delta Airlines has con- firmed a 40 percent discount on normal coach fares and a 5 percent discount off all other published fares. Alaska Airlines is sup- plying coupons good for discounted travel. As of press time an agreement with MarkAir had not yet been reached. Delta Airlines special meeting network, in its second year of AML sponsorship, will offer the following discounts as long as ticketing and booking conditions are met. 5 percent off: The discount is obtainable on any published fare, but the traveler must meet the conditions of the fare. For example, a traveler would need to meet the re- quirements of a Super Saver ticket, but would enjoy a 5 percent discount on that fare. If the fare used has penalties, those penalties will apply to the discounted ticket. Booking deadlines and changes follow the rules for the fare used. Your travel agent may need this information: fare basis is fare basis used followed by "/5": e.g., KXE7NR/5. 40 percent off: Tickets must be purchased at least seven days prior to departure, and changes to the originating flight must be made seven days in advance. Return flights may be changed at any time. There are no penalties for changes or cancellations. Your travel agent will need this information: book- ing class is K, Q, H, M, or B; fare basis is SMN40. The 40 percent discount is appli- cable to Y, YN, and Y1 fares only. The travel dates for both the 5 and 40 per- cent discounts must be between November Conference Hotels Are Filling Up — Make Your Reservations Now As this edition of the AML Newslet- ter goes to press, some hotels in Juneau are already fully booked for one or more nights of AML Con- ference Week —November 12-18. Most of the hotels are obligated to hold our room blocks until October 30, but with reservations at some facilities Coming in fast, you should make your reservations soon to be sure you have the type and location of room you want, and at the special conference rate. Most of the rooms being held for AML delegates at The Breakwater Inn that have not been reserved by Oc- tobet 12 will be released to the general public and will, in addition, be available only at non -conference rates. 9 and November 20, 1989, and the trip must be roundtrip on Delta only; no discounts are allowed on one-way travel. There is a max- imum of two stopovers permitted, one of which must be a stopover in Juneau. To take advantage of these discounts, call Delta Airlines, or have your travel agent call, at 1-800-221-1212. Ask for the Special Meetings Network and refer to file number R16090. Some fares have restrictions and seats may be limited, so call early to make reservations. Alaska Airlines, an AML Associate Member, is currently printing coupons which will be sent to pre -registered conference par- ticipants by the Alaska Municipal League staff. The coupons are good for travel from November 10 through November 19. The last day you may book your flight is November 12, 1989. When using the coupons, there are no restrictions (i.e., you may change your reservation or cancel your flight, so long as you travel within the eligible period). The coupons become invalid after November 19. The fare is an unpublished one. Your travel agent will need this information: fare basis code: YSF9590; fare level: YG10R. A cheaper rate is also available on Alaska Airlines, but restrictions apply, This is an "ex- cursion fare" and must be purchased at least a month in advance. If you have any questions about using the Alaska Airlines discount coupons or an ex- cursion fare, you may call toll free at the Alaska Airlines group desk 1-800-445-4435, or call Sandy Spargo at the Alaska Airlines passengers sales office in Juneau at 586-2392. Both Delta and Alaska Airlines are offering similar discounts, and which one you choose depends on your needs and your geographic location. Nevertheless, seats will fill up on both airlines, and it would be prudent to make reservations as early as you can. Northwest Finance Institute Set for Portland The 1989 Northwest Finance Institute will be held November 29 to December 1, 1989, at the Portland Marriott in Portland, Oregon. The Washington Finance Officers Association (WFOA), the Oregon Municipal Finance Offi- cers Association (OMFOA), and the Public Administration Program of Portland's Lewis and Clark College have developed the insti- tute. The two -and -one -half -day institute is de- signed to provide government finance offi- cers with a variety of workshops. Instructors will include representatives from Northwest governments, private -sector firms, and tol- 1 eges. To receive a registration form and informa- tion regarding the conference and hotel ac- commodations, call the Oregon Municipal Finance Officers Association in Salem, Oregon, at (503) 588-6550. Registration deadline is November 3, 1989. Training for Elected Officials in November Being a newly elected official is a bit like learning to swim, and while some people have learned to swim by being thrown out of a boat, it helps to have an expert show you how. Alaska's newly elected municipal of- ficials don't have to nearly drown before they learn their new roles and responsibilities. The Newly Elected Officials Seminar can help. The popular seminar will supplement the on-the-job training new municipal officials will receive beginning October 3, election day for most of the State's municipalities, and it will offer an opportunity to ask experts many of the questions that puzzle both new and experienced local officials. The Alaska Municipal League Newly Elected Officials Seminar is an annual train- ing session designed to help elected officials learn to do their jobs better. Both recently elected officials and return- ing veterans who wish to broaden and up- date their understanding of how municipali- ties operate have attended the seminar in the past. They have learned about municipal law and operations, local government finance, the roles and responsibilities of elected of- ficials, and open meetings. They have shared insights, exchanged information, and gathered tips on how to be more effective leaders in their communities. The Newly Elected Officials Seminar brings together Alaska municipal govern- ment experts Ginny Chitwood, of Chitwood and Company of Seattle; Dr. Clive Thomas, University of Alaska Southeast; and others in- volved in Alaska state and local government for a one -and -one -half -day fact -filled seminar. Conveniently scheduled immediately prior to the 39th Annual Local Government Con- ference in Juneau, the Newly Elected Of- ficials Seminar will begin at 8:00 a.m. on Tuesday, November 14, 1989, and finish on Wednesday, November 15, at 11:15 a.m., making it easy for participants to attend both events and put their newly acquired skills to work. The registration fee for the Newly Elected Officials Seminar is separate from con- ference registration; however participants may register for each by completing the con- ference registration form in this newsletter. The Newly Elected Officials Seminar ad- vance registration fee (before October 27) for AML member municipalities is $80 and the on -site registration is $110. Non-member registration fees are $110 advance and $135 after October 27. AML Newsletter Page 7 Commissioner's Corner David G. Hoffman Department of Community & Regional Affairs It seems only yesterday that state lawmakers packed their bags and headed home following the end of the legislative ses- sion in May. Now, preparations are under- way for the next session. The department has already begun the process of pulling together its legislative package for submission in January. When you look at it, though, the process really begins at the local level —as ad- ministrators and elected officials tell us their needs and concerns. We were listening at last month's AML and ACoM meetings in Barrow. I will be listening again as 1 attend mayors' conferences across the state this fall, the Alaska Federation of Natives meeting in October, and, of course, AMts 39th Annual Local Government Conference in Novem- ber. I'm looking forward to meeting with people to discuss the issues as we get ready for the next session of the legislature. Oil Spill Recovery We've been doing a lot of listening —and acting —in response to the Exxon Valdez oil spill last March. It's been a challenging sum- mer for all those affected by the spill, and the challenges will continue on throughout the winter. September 15 is shaping up to be a signifi- cant milestone in the oil spill response effort. Exxon has announced that date for its "non- negotiable" halt to the company's clean-up campaign. Exxon is going home for the winter and, according to the company, only perhaps will it be back to continue clean-up efforts next spring. The Coast Guard, too, will be shifting into a maintenance mode of operations and replacing its top spill person- nel with lower -ranking officers. As the major outside players withdraw from the scene, the burden of taking up the slack in oil -spill response efforts will fall upon state and local shoulders. I believe the key to success in the coming months will be effec- tive leadership at the local level. I am glad to witness the continuing spirit of commitment and cooperation by the "Oiled Mayors" Now, more than ever, constructive coopera- tion at the regional level is critical. The pro- posal for a local interim clean-up effort demonstrates the kind of attitude and think- ing that afe needed. September 15 is also the date on which ap- plications are due for the first round of grants for the state's $1 million Oil Spill Community Assistance Grant program. What's needed are some great project proposals. The proc- ess of developing these proposals in the com- ing weeks represents a good opportunity for local leaders to focus on local problems and creative solutions. As always, the department is here to aid local leaders when needed. For example, we are bringing on six temporary staff to assist spill -affected communities and to administer the grant program. Mat -Su To Get Job Corps Center We are proud to note that the U.S. Depart- ment of Labor has decided to establish a new Job Corps Center in the Mat -Su Valley. Jim Gurke in the department's Anchorage office spearheaded the application through the federal process. The new facility will provide vocational education opportunities for more than 250 students from throughout the state, create over 50 new jobs in the area, and provide a boost for the area's recovering economy. Alaska's success in being selected for the Job Corps site, one of only four new sites selected nationwide, represents the kind of results that can be achieved when local, o�,, state, and federal officials and concerned in- dividuals in the private sector work together to achieve a common goal. Ms. Lare' To Retire After 15 years with the department, the last seven at the helm of the child care section, Ms. Lare' is retiring this fall. Her untiring devotion to child care issues will be missed. Ms. Lare has been instrumental in develop- ing child care programs in the state. Replac- ing her will be Jan Brewer, who is moving over from the department's weatherization section. The weatherization section is being merged into the energy conservation section headed by Steve Baden. Consolidation of the two sections should provide better service delivery and greater flexibility. ALASKA MUNICIPAL LEAGUE ASSOCIATE AND ASSOCIATION MEMBERS ACCOUNTING/AUDITING Ernst & Whinney Hogan, Mecham, Richardson & Company Mikunda, Cottrell and Company Peat, Marwick, Main & Company ATTORNEYS Birch, Horton, Bittner, Cherot & Anderson Davis Wright and Jones Fleming and Associates Hughes, Thorsness, Gantz, Powell & Brundin Jensen, Harris and Roth Perkins Coie Preston, Thorgrimson, Ellis & Holman Robertson, Monagle & Eastaugh, P.C. Wohlforth, Argetsinger, Johnson and Brecht CONSULTING/PLANNING Alaska Department of Community & Regional Affairs Alaska State Office of Management and Budget Alaska Pacific Consultants Alaska State Library and Archives Ginny Chitwood & Company EDUCATION /TRAINING/ INFORMATION Adak Region School District Lower Yukon School District Rasmuson Library, University of Alaska ENGINEERING CH2M HILL Consulting Engineers Council of Alaska (CECA) James M. Montgomery, Consulting Engineers, Inc. Ott Engineering, Inc. URS Consultants, Inc. FINANCIAL SERVICES / BANKING Alaska Municipal Bond Bank Appraisal Company of Alaska Drexel, Burnham, Lambert First Southwest Company John Nuveen &Company, Inc. National Bank ofAlaska Prudential-Bache Capital Fund Seattle Northwest Securities Corporation Security Pacific Bank Washington N.A. Shea rson-Leh ma n-H utto n Smith and Barney INSURANCE / RISK MANAGEMENT Adjustco, Inc. Arthur J. Gallagher and Company Corroon & Black, Inc. John L. George, Risk Management Consultant MUNICIPAL ASSOCIATIONS Alaska Association of Assessing Offices Alaska Association of Chiefs of Police Alaska Association of Municipal Clerks Alaska Chapter/American Planning Association Alaska Conference of Mayors Alaska Fire Chiefs Association Alaska Municipal Attorneys Association Alaska Municipal Finance Officers Association Alaska Municipal Management Association Alaska Recreation & Park Association Alaska Women in Government North/Northwest Mayors Conference Southwest Alaska Municipal Conference NATIVE ORGANIZATIONS Tlingit and Haida Indian Tribes of Alaska OIL & GAS EXPLORATION ARCO Alaska, Inc:. Chevron U.S.A., Inc. TRANSPORTATION / LODGING Alaska Airlines Westmark Hotels For more information on these firms and organizations, please consult the AML Local Government Products and Services Directory, 1989, Page 8 September 1989 Another View ... This column appears periodically in the AML Newsletter presenting views on issues of general interest to all municipalities. The views are those of the author and are not necessarily those of the AML. The articles are printed at the discretion of the Executive Director. Views on other local government topics, or in response to the one presented here, are welcomed. by Chow Taylor Dillingham Council Member Member, Alaska Women in Government don't know what it's like to be a council or assembly member in a large community, but I doubt it is much different than serving in a small one. I do think some urban Alaskans have as distorted ideas of bush life as people in Chicago. We don't all drive dogs or live in igloos. We conduct our meetings in a relatively formal manner according to Robert's Rules of Order, although I doubt they are quite as imposing (or intimidating) as those of the Anchorage Assembly. Conse- quently, we are more approachable. One might think that since Dillingham is a small city the council does not spend much time on city business. I know we don't spend as much time as Anchorage or Fairbanks as- sembly members; however, we do devote many hours, all unpaid, to meetings, phone calls, reading, and reviewing information. We address the same issues as larger communities —schools, police, public facili- ties, capital projects, personnel, insurance — only on a smaller scale and with a smaller budget: However, the impacts, of what we do I feel are more quickly felt and im- mediately noticed by the community, direct- ly attributable to our small size. In a small community, we are very visible and accessible. There is little privacy. Once in the grocery store I was ambushed by an irate citizen about something we did at our last meeting. Before I knew it I was surround- ed. It's hard to make a getaway when you're trapped between the Campbells soup, Ham- burger Helper, and four shopping carts. The post office is another place where council members become moving targets. I've never felt being female is a particular impediment, although prior to the last municipal election two men told me they wouldn't vote for me because, "... we don't need any more of you damned uppity fe- males running the show" After the election, a man asked, "Want to know why I voted for you?" "Sure," I answered, thinking he'd tell me what a wonderful councilperson I am. "Because you're so CUTE." Aarargh! I was also told once that I shouldn't wear my hair so "fluffy" if I wanted to be taken seriously. I don't know precisely what fluffy hair is but I guess I've got it. "You should have a more serious hair style." I don't know what serious hair is, either, but I guess mine isn't. I'll bet that person never told a male council member what to do with his hair. Comments like those tempt me to dye my hair bright yellow and tie it back with big pink bows. One woman even asked me who cooks din- ner for my husband on meeting nights. .. or do you freeze meals ahead of time?" bit my tongue. I don't know if urban council members have similar experiences. Bush Alaska attitudes are, overall, more traditional. Our city police distribute council packets. One officer takes great pleasure in turning on his flashing lights and pulling me off the road to deliver mine. In Dillingham, where every- one knows everyone, people notice. They all slow down, honk, wave, cheer, and then call later to see how big the fine was. In a small community where there is significant turnover among professional (especially white) people, it's hard to remove oneself from the leap frog syndrome —grab the best jobs, take the money, and leave. I'm still occasionally called a transient, although I've lived here for nine years. Serving on Dillingham's city council has been rewarding and very educational. I en- joy it, although there are times I'd like to escape to the big city and disappear for a while. And, no, I didn't have to get my hus- band's permission to run, he can cook, and I don't have to call home if a council meeting runs late. Oil Heating Training Grants Available The Department of Community and Regional Affairs has issued grant applications for the Rural Residential Oil Heating raining Program. The goal of the program is to have a trained oil heat technician with the necessary test equipment in every communi- ty with oil heat by 1991. An indirect goal is to have every powered oil burner in Alaska operating at a minimum of 80 percent steady-state efficiency. An applicant for a grant under the program must be a governmental organization, native nonprofit corporation, regional HUD hous- ing authority, or school district. Grants will be given regionally. The applicant will be ex- pected to provide training for a technician from each community in the region during Phase I of the project. In Phase II, trainees who are selected to provide homeowner counseling on oil heating systems in their communities will be provided orientation training. A third phase has been added this year. In Phase III, trainees will learn burner tune-ups and matching requirements for boiler and water temperature modulation. For more information about the program, contact Norman Bair, Project Manager, at 563-1955. Completed applications must be submitted no later than September 29, 1989. Rich Underkofler First Interim Manager Under IMSP If you place a call to the Wrangell City Manager between now and mid -September and reach Rich Underkofler, don't jump too rapidly to the conclusion that Soldotna Mayor Dolly Farnsworth and her council must be advertising a position vacancy. True, Rich, who has served as Soldotna's manager since 1985, is not at his usual desk or phone number, but that does not mean he isn't still on Soldotna's payroll. Instead, with the sup- port and encouragement of Soldotna offi- cials, he is serving as the first interim manager under the AML/AMMA/DCRA In- terim Management Services Program (IMSP). Under the terms of the agreement worked out between Underkofler and the City of Wrangell, he'll be in Wrangell for about a month to help that Southeast community while they conduct a search for a new manager. Wrangell will reimburse Soldotna for Underkofler's salary and pay his trans- portation and living expenses. In turn, Underkofler will help Mayor Fern Niemeyer and her council run the city and search for a new, permanent manager. He'll also be in phone and FAX contact with Soldotna city offices on a regular basis and available to deal with problems that might arise at home. The fact that Underkofler's appointment as Interim Manager in Wrangell is the first placement under the IMSP program is ap- propriate since he was instrumental in developing the concept for the new pro- gram, which is jointly sponsored by the Alaska Municipal Management Association (AMMA), the Department of Community and Regional Affairs (DCRA), and the Alaska Municipal League (AML) and was developed by AMMA while Ron Garzini was the associ- ation's President. Under the terms of the cooperative agreement establishing the pro- gram, the League will develop and maintain a Talent Bank of individuals who are quali- fied for various types of mid- and upper -level municipal management positions and refer candidates to local governments who need someone to fill a position for a short time while they conduct a search. Interim mana- gers may also be hired by municipalities that need professional direction or evaluation of a given area of government service for a short time but do not have a permanent position available. "Right now the Talent Bank is in need of more applicants;' said Chrystal Smith, AML Programs Manager, who is coordinating the IMSP. "We are beginning to have lots of in- quiries from local governments who need help, but our pool is not adequate to meet the demand." Smith stressed that although several Talent Bank members are retired, (continued on page 10) AML Newsletter Page 9 Interim (continued from page 9) others are still employed but are, like Underkofler, in a position to take short leaves from their current positions. She urged both current and former local government officials who may be interested in the program to contact her at 586-1325 for more infor- mation. Each applicant for the Talent Bank is re- quired to submit a letter of interest specifying the types of positions he or she would be in- terested in/or qualified for, a resume with the names of at least three professional refer- ences, and (if applicable) a letter from his or her current employer expressing that organi- zation's willingness to release the applicant to serve in an interim management position. All applications for the Talent Bank are reviewed by the President of the AMMA, the Commissioner of DCRA, and the Executive Director of AML. Municipalities that need a manager should write Smith outlining the type of position they wish to fill and the approximate dura- tion of the interim appointment. After pro- gram staff have determined which Talent Bank members are suited for the position and available, a community will be sent names, resumes, and other information. From that time on, all arrangements and contract negotiations are between the employing municipality and the interim manager. No contract between an interim manager and an employing municipality may last longer than six months, and interim managers are not allowed to seek nor accept permanent employment with an employing municipality. As Rich Underkofler goes about his job for the month in Southeast, and keeps tabs on Soldotna as well, we can thank him, as well as the Mayor and City Council of Soldotna, for their commitment to helping other Alaskan municipalities deal with short-term crises and needs for skilled and experienced managers. As the resolution authorizing par- ticipation of Soldotna management person- nel in the program states, "the Council desires to authorize participation of city employees in this program because the City, itself, may have a future need for interim services to be performed by talent available from other employers." IMSP sponsors hope that other municipalities, as well as indi- viduals, will be willing to share their talents to better local government in Alaska. For more information, contact Chrystal Smith at AML, 586-1325. 1990 State Aid Catalog Published The Alaska Municipal League's State Aid Catailog has been updated for 1990 and will be distributed this month. The catalog at- tempts to list all state -administered programs of financial and/or technical assistance available to Alaska local governments. Each year the AML, with the assistance of the state Municipal Calendar September 8-11 "New Visions on the Telecommunications Horizons" presented by the National Association of Telecommunications Officers and Advisors at their 9th Annual Conference, Scottsdale, Arizona. Workshop discussions will include technical, legal, and regulatory issues affecting municipalities and how local managers can prepare for the next century of telecommunications planning. For more information, contact the National League of Cities at 202-626-3160. September 18-19 "Economic Development: What Works at the Local Level;' spon- sored by the National League of Cities as part of its 1989 "Meeting the Local Development Challenge" program, Pittsburgh, Penn- sylvania. Elected officials and local practitioners will explore the challenges of economic development, examining what works and why, during this extensive two-day seminar. Expert trainers, economic development professionals, and municipal officials will explain economic development strategies and programs that work and are applicable for small, mid -sized, and large communities. Registration: $125 for NLC Direct Member Cities; $140 for others. For more information, contact NLC at 1301 Pennsylvania Avenue, N.W., Washington, D.C. 20004, 202-626-3000. September 21-22 "Rebuilding State -Local Relations: Public Policy for a New Fiscal Era," sponsored by the National Conference of State Legislatures, Washington, D.C. Discussions include the state -local relationship and sorting out responsibilities efficiently and fairly, debate on whether cities and boroughs/counties should rely more on sales and income taxes, consideration of reducing the burden of man- dates, and more. Registration: $230 for government officials, $430 for others; discounts for registration before September 9. For more information, contact Martha Fabricius, NCSL Denver Office, 1050 17th Street, Suite 2100, Denver, Colorado 80265, or call 303-623-7800. September 24-28 "Celebration and Renewal;' 75th Annual Conference of the Inter- national City Management Association, Des Moines, Iowa. For more information, contact ICMA at 202-626-4600. November 12-14 Pre -conference activities, Juneau. November 15-17 39th Annual Local Government Conference, Juneau. November 20-21 "Public Service in Alaska: Challenges for the 1990s;' conference sponsored by Alaska Chapter of American Society for Public Ad- ministration, Federal Executive Association, AML, and others. An- chorage. Registration approximately $125. Contact Ron Felde, Municipality of Anchorage, 343-4492, or Allen Kemplen, 786-8212, for information. November 25-29 "Progress through Plerformance, Participation and Partnerships;' 66th Annual National League of Cities Congress of Cities, Atlanta, Georgia. For more information, contact AML at 586-1325 or NLC at 202-626-3100. departments administering the programs, revises the catalog to include new programs, delete old ones, modify existing program descriptions, and specify funding levels for the current fiscal year. This popular document is provided to Municipal Members free of charge as a membership service of the Alaska Municipal League. One copy is also available to Associ- ate Members free of charge upon request. The document is three -hole punched for in- sertion in notebooks, and additional copies of the update may be purchased for $15 per copy. The update, notebook, and cover sell for $20. For additional copies or more information contact the Alaska Municipal League, 217 Second Street, Suite 200, Juneau, AK 99801, telephone 907-586-1325. Par 10 September 1989 Clerks' Training Spans 800 Miles Technology Saves the Day Last spring, during the annual statewide unicipal Clerks Institute, sponsored by the Alaska Municipal League (AML), Alaska Association of Municipal Clerks (AAMC), and the University of Alaska, there was much discussion of the challenges facing Alaska's municipal clerks, particularly those in isolated areas who are often unable to attend statewide training sessions or meetings. These people often lack adequate training and, perhaps as important, a supporting net- work of fellow municipal clerks. Among the suggestions to help these in- dividuals, as well as continue to support the fifty or so (from Alaska's 161 incorporated municipalities) who are able to come to one or more meetings/training sessions a year, was to experiment with regional training pro- grams. Last year, clerks in the Southwest Alaska Municipal Conference (SWAMC) area gathered in Kodiak for a training session, organized by Kodiak Island Borough Clerk Gaye Vaughan and Kodiak City Clerk Mar- cella Dalke, held in conjunction with the Municipal Ombudsman Services in an era when Alaska municipalities are lightening belts, four Alaska communities .. have contracted with the Alaska Office of the Ombudsman to provide ombudsman serv- ices for city agencies. Juneau, Ketchikan, Palmer, and Wrangell now have contracts with the state ombuds- man to provide dispute resolution services to residents of the four communities. Ketchikan and Palmer added the ombudsman services this year. Wrangell signed a contract with the state ombudsman in 1988 and Juneau has had an ombudsman contract since 1985. In addition, Anchorage has had a city om- budsman since 1977. "Ombudsman services cannot make a bad government better," state Ombudsman Dun- can Fowler contends, "but good government is responsive government and an ombuds- man adds an important element of respon- siveness." Among the many municipal issues ad- dressed by the ombudsman's office in the last year are reviews of sales tax confidentiality requirements, an independent assessment of the termination of a department head, the appropriateness of various police actions, an allegation that a municipality was collecting a tax on a tax, and various planning and zon- ing decisions. Sam Zagora, author of The Ombudsman, -low Good Governments Handle Citizen Grievances, notes that with little fanfare the ombudsman approach to dispute resolution is finding a firm foothold in several areas of American life where government mixes with SWAMC meeting. Clerks from throughout the wide -flung SWAMC area (it stretches from Kodiak to Unalaska) attended. This year, North Slope Borough Clerk Hazel Pebley saw a perfect opportunity to strengthen the skills and support system for clerks in her borough when she learned that the AML Board of Directors would be meet- ing in Barrow in August. This year's AAMC representative on the Board, Marcella Dalke, is experienced both as a clerk and as a trainer of clerks, and Pebley asked her to help with a regional training session. Dalke was glad to cooperate and arranged to arrive in Barrow a day early. She also enlisted the support of Jon Cecil, Local Government Specialist from the Fairbanks office of the Department of Community and Regional.Af- fairs. Pebley made all the arrangements, and clerks from throughout the borough were in- vited to attend. When the time came for the training pro- gram, some people could not come to Bar- row, so arrangements were made for training citizens. Zagoria, whose book is the result of a grant by the U.S. Conference of Mayors, adds that marry view government as a cryptic maze populated with officials who too often respond "that's not my department." An om- budsman can find the department and either suggest resolution or explain to the citizen the rationale for a government action. "An ombudsman makes sense in three ways;' Alaska's Ombudsman Fowler says. "First, it helps Alaskans who are recipients of either state services or Juneau, Ketchikan, Wrangell, and Palmer services. Second, it provides a third -party review of what is legal and fair. Finally, ombudsman services can be less expensive than civil actions by dis- gruntled citizens" Zagoria believes that when government cuts back, ombudsman services become more important. In an article written last year, Zagoria said "down -sizing government in a budget crunch is not a scientific under- taking" He added that budget cuts make citizen complaints grow and "ignoring them or handling them in casual ways ultimately can be very expensive. A resident who feels he or she is getting a runaround is likely to say 'let's sue .. " Zagoria adds that court dockets are loaded with aggrieved citizens seeking big bucks from governments that didn't convince them they were receiving fair play. When the suit is filed, the stakes become big as legal costs go up and liability is considered. Beyond the legal implications, though, Fowler said ombudsman services are a useful management tool. He noted one municipal manager told him, "I like to give a citizen complainant my best shot, but, if they are still via teleconference and FAX machine. Point Hope, far west in the North Slope Borough on the Chukchi Sea, and Kaktovik, far east in the borough on the Beaufort Sea, were linked with Barrow via the teleconference network, and materials distributed during the session were FAXed to the clerks in atten- dance there. These two communities are ap- proximately 800 miles apart, and Dalke reflected on the contribution that technology made to the effectiveness of the training ses- sion. Obviously, she said, being there in per- son would have been better, but this worked qu ite wel I. "Hazel Pebley is to be commended for her efforts," Dalke commented. "The session not only gave clerks basic information on minutes, elections, and other topics, it also helped them realize that their colleagues face most of the same challenges each day and helped establish support mechanisms. That's important for all of us" disatisfied, the ability to refer that person to an independent third party review gives me the ability to move on to the next problem." Fowler notes the state ombudsman's office was created in 1975 and has served more than 80,000 Alaskans. With the addition of Juneau, Ketchikan, Wrangell, and Palmer to the state ombudsman umbrella, and with Anchorage having its own ombudsman, more than half of all Alaskans now have im- proved access to municipal government. Land Use Study Released The National League of Cities has released a report on the ways in which local land use decision -making is affected be federal and state governments. Written by Dr. Arthur T. Johnson and based on interviews with over 200 local government officials, Intergovern- mental Influences on Local Land Use Deci- sion Making concludes that very often local land use policies are reactive, made in response to state and federal government mandates or restricted by state and federal actions. Johnson encourages local govern- ment officials to become more aware of the intergovernmental nature of local land use and to recognize the reality of state and federal influence. In addition, he advocates state and federal awareness of local needs and conditions in formulating these policies. A summary of the report is available to municipal officials free through the National League of Cities publications office (202-626-3000). The full report may also be requested and is $10 for NLC direct members and $15 for others. AML Newsletter Page 11 AMLINANews AML Board Appoints New Insurance Board The AML Board of Directors appointed the first Board of Trustees of the Alaska Municipal League Joint Insurance Associa- tion (AMUJIA) to take office at the 2nd An- nual AMUJIA Meeting in November. Four members of the interim Board of Trustees, in- cluding the AML Executive Director, will continue on the new Board to provide a smooth transition and continuity. All four of the new appointments are municipal officials from participating municipalities. The incom- ing AMUJIA Board of Trustees are: One-year terms: George Carte, AML Board and Mayor, City of Palmer* Michael Scott, City Manager, City of Kotzebue* Two-year terms: Joe Evans, AML Board and Assembly Member, Municipality of Anchorage (C) Steve Bainbridge, Administrator, City of Nenana* (C) Lyle Larson, City Manager, City of Dilling- ham* Three-year term: Rich Underkofler, City Manger, City of Soldotna* (C) Ex-officio: Scott Burgess, AML Executive Director (C) * Participant municipality (C) Continuing Board member The new Board members will take office in November and serve the length of their assigned terms. In the future, all trustees will have two-year terms. Information on apply- ing for the AMUJIA Board of Trustees was sent out to all AML members in June. The Board received thirteen nominations. In making the appointments the AML Board thanked all the applicants for their in- terest in serving on the AMUJIA Board. They encouraged the AML/JIA Board to look to other applicants to fill committee seats as needed. The AML Board also expressed its gratitude to the members of the Interim Board of Trustees. The Interim Board will have served the AML and the AML/JIA for two years. Those not continuing on the new Board are: Phil Younker of Fairbanks, Chair; Betty Glick, AML Board and Kenai Peninsula Borough Assembly; John Havelock of An- chorage; Paul Whitney of Soldotna; and, Brian Phillips, City Manager of Fairbanks. Control Your Losses, Control Your Costs During the course of the 1988-89 AMUJIA policy year, our claims adjusters at Adjustco, Inc., have noted a number of actions or inac- tions by municipal officials that should be brought to the attention of AML/JIA partici- pants and others in order to control losses and, thereby, save municipalities money. Don't Speak Too Soon There have been a number of cases in general liability claims involving various AMUJIA participant municipalities in which municipal agents or employees have admit- ted liability to the claimant and promised the claimant that the carrier would honor their claims. The State of Alaska is a comparative negligence state. Although the municipality may have been negligent and that negli- gence may have led to a loss, it is also possi- ble that other entities may have been respon- sible for a portion of the same loss. In these cases, it should be the responsibility of the adjuster or legal counsel to assess the per- centage of liability for which the municipality may be responsible. The AMUJIA is asking all mayors, man- agers, or administrators of AMUJIA members for their cooperation in directing all munici- pality and school district employees not to make liability determinations. Adjustco, Inc. is the adjustment firm assigned by the AML/ JIA to investigate and make these liability determinations. They have the experience necessary to make these determinations on behalf of the AMUJIA participants. Enforce Your Ordinances Our adjusters have also noted that on at least two separate occasions liability lawsuits have been assessed against members of the AMUJIA due to a failure of these participant communities to enforce their own local or- dinances. A case in point is AMUJIA munici- palities that operate municipal marinas/boat harbors. If the harbormaster has a clear or- dinance that addresses personal property be- ing left on pedestrian walkways and docks in the harbor area, it is important that these har- bormasters make a conscious effort to en- force the ordinances. We have two injuries that have occurred on municipal docks where the pedestrians fell over large me- chanical apparatuses that had been left on the docks. In both cases the municipalities in question had specific ordinances against leaving personal property on the docks. Although the AML/JIA can argue compar- ative negligence in that the pedestrians cer- tainly have a certain amount of duty and care to watch where they place their feet and to pay attention, it also could be argued that the municipalities failed to enforce their own ordinances by allowing personal property to be left on the docks for long periods of time. Based on their investigations of claims in the AMUJIA policy year, July 1, 1988, to June 30, 1989, our adjusters conclude that the AML/ JIA participant cities do not necessarily need more ordinances but do clearly need to en- force the existing ones. Check Your Roads and Public Walkways It is important that loss control be ad- dressed at all levels of municipal operation in order to ensure the success of the AMUJIA program. It is important that managers work closely with public works department direc- tors to make a conscious effort to correct any potential exposures to their municipalities, specifically, the general condition of roads and public walkways. A number of the coas- tal communities have public docks built on wood platforms as well as miles of wood boardwalks. It is important that the public works departments make a conscious effort to police these areas and identify and repair all damage that may pose a potential risk to the public. The identification of potential ex- posures and risk to the public could be done by employees at all levels of municipal gov- ernment. Our city managers should play a major role in loss control education of their staff. The actual numbers of general liability claims against the AMUJIA members for the policy year July 1, 1988, to June 30, 1989, is considerably lower than for the same partici- pant members under the AMUs former insur- ance safety group with Old Republic, so the AMUJIA program has been quite successful for the policy period. Remember, It's Your Pool The AMUJIA staff has responded to recent concerns of a few AMUJIA participant com- munities about the costs of the program. It is important to remember the AML/IIA was established as an AML service program to meet the risk management needs of our members. Its purpose is to make property and casualty coverages and risk management services available at stable and affordable rates over the longterm. The AMUJIA is not in business to make money, but to save money. In any given year, the AMUJIA may not provide the cheapest coverage available, Page 12 September 1989 but coverage will be available and priced at the rate needed to meet our financial obliga- tions of paying expected losses, the costs of reinsurance, administrative costs, building and maintaining a healthy reserve to meet unexpected losses and market fluctuations, and to provide better coverages and/or lower rates. The participants, through their Board of Trustees, control the program and its fi- nances to ensure that it continues to meet the needs of the members and, thereby, the goals of the program. The concerns expressed about costs center around the issues of comparisons with com- mercial rates and minimum coverage. Again, the AMUJIA, while it operates in many of the same ways, is not commercial insurer. The AMUJIA began operation in 198E in spite of a "soft" insurance market nationally. That "soft" market continues as the AMUJIA enters its second year. Commercial carriers made up for much of the their fiscal difficulty in 1985-86 by cancelling and limiting cover- ages and/or increasing rates for municipali- ties and others. Now the companies are us- ing those profits to lower rates to attract municipalities back. This cyclical and un- predictable threat to municipal coverage and budgets is the main reason the AMUJIA was formed. The rates are determined based on infor- mation provided by the members about their current operations, 'budgets, and exposures as well as their loss history. This information is then analyzed by the AMUJIAs profession- al actuaries and underwriters to develop ade- quate premiums to meet expenses. The rates and premiums will vary over time depending on changes in the number of participants, the information base, the reinsurance market, etc. Two major changes occurred this year which in some cases increased premiums and in some cases reduced premiums: one, the AMUJIA controlled, and the other, we did not. Pods are intended to meet the needs of a homogeneous group; however, municipalities in Alaska and in the AMUJIA program differ widely in terms of size, budgets, and services. In FY 90, the AMUJIA changed the rating base for workers com- pensation from total payroll to total payroll broken down by job class. While it is more complicated and required more information from the participants, it is a fairer representa- tion of exposure and cost of coverage. As a Sla result, some participants saw their premium go up per dollar of total payroll and some saw it go down. The other change occurred in the police professional coverage, an optional coverage offered outside the core AMUJIA package. This year the AMUJIA reinsurance company, the Scottsdale Insurance Company (Markel), individually rated each of our members who chose the coverage. Last year, they accepted our rates on the members as a group. While we have a special arrangement with Markel/ Scottsdale which includes at least a 10 per- cent discount, a lower deductible, and a safety education program, the company has had bad loss experience in Alaska and the rates are high. We have little control over their rates, but we are continuing to nego- tiate with them to improve the program. The police professional coverage is broader this year and it is written on an "occurrence form" basis. Such coverage is necessary for any municipality that has police, a village public safety officer, and/or a jail or holding cell. Public officials errors and omissions coverage, also optional through the AMUJIA, is also recommended. Other municipalities have expressed con- cern over the cost of insurance because they believe the basic package provides too much coverage for smaller communities. Some have asked the Board to lower the limits below $1 million for general liability; others have asked to carry only certain types of coverage such as workers compensation coverage. The AMUJIA Board designed the current program as a minimum program to meet the minimum risk protection needs of municipalities and school districts. While workers compensation coverage is the only insurance required by state statute, all the coverages and limits offered as a basic package by the AML/JIA are important and prudent for municipalities and school dis- tricts to have to protect their residents and communities. Many municipalities want other coverages such as police professional, public officials, airports, etc. or higher limits to protect their communities, and the AMU JIA will try to assist them on a case -by -case or group and optional basis. This additional protection is also available through the com- mercial market and their independent, and in some cases their hometown, brokers. The AMUJIA Board is sensitive to the fiscal hardships of municipalities, especially in light of the declines in federal and state financial assistance and in the Alaskan economy in general. The AMUJIA will continue to de- velop its program to meet the needs of all the participants by offering as low a rate and as flexible a program as possible. However, run- ning a municipal or school district operation is a risky business, and adequate risk protec- tion and management saves money in the long run. While meeting annual AML/JIA "premiums" may be difficult financially along with the costs of providing all the serv- ices our citizens demand, the residents and officials in the AMUJIA communities should console themselves with the fact that they are protecting their communities, designing and controlling their own risk management program, benefiting directly from savings through safety and good loss control, and keeping the money in Alaska working for them. AML MEMBER FACSIMILE PURCHASE PROGRAM"`' featuring //•�® RICOH FACSIMILE V FI No. 1 in digital facsimile, �, since we invented it! • 30% OFF LIST PRICE TO ALL AML MEMBERS • RECOMMENDED MODEL RICOH FAX 25 —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 $1,655.00 ASSOCIATE MEMBER PRICE $1,972.00 Full ninety (90) day warranty included Maintenance contract and supply pricing available upon request. Call David Hebert at the Office Place in Anchorage at 786-5145 for information on machines or to order. Call Scott Burgess at AML, 586-1325, for information on the group purchase agreement. AML Newslelter Page 13 Municipal Clerks Adopt Policies on National Issues The International Institute of Municipal Clerks (IIMC) at its 43rd Annual International Conference in Halifax, Nova Scotia, May 21-25, 1989, adopted a series of policy statements calling upon Congress and the Administration to take action in the areas of Zip Code distribution, tax-exempt status of municipal bonds, use of acid -free papers for public documents, and election day regis- tration. Election Day Registration The IIMC membership went on record in opposition to any proposed federal legisla- tion that would permit persons to register to vote on the day of a federal election. The policy cited the possibility that voter fraud would be greatly enhanced and that detec- tion of such fraud would be almost impossi- ble. Furthermore, the policy questioned whether election day registration would in- crease voter turnout significantly. It stated that "statistics indicated that the four states using election day registration have ex- perienced a -decline in voter turnout over the last 16 years at about the same rate as the other states in the nation." Finally the resolution cited the fact that "human nature being what it is the voters will not avail themselves of preregistration, but will register on election day thereby creating a potential for greater confusion for voters and poll workers" This would in- crease the potential for errors and place a significant burden on the administration of the entire election procedure. Tax -Exempt Bonds The IIMC membership also went on record in opposition to any change in laws governing the tax-exempt status of state and municipal bonds and called upon the pas- sage of House Concurrent Resolution No. 39 and Senate Concurrent Resolution No. 18. These resolutions would establish that it would be the "sense of the Congress that Federal laws regarding the taxation of State and Local government bonds should not be changed in order to increase Federal reven- ues." The IIMC membership, in adopting this resolution, indicated that any proposed fed- eral changes would erode the municipalities' ability to market their securities and that the imposition of taxation on these bonds would cause additional burdens to local govern- ments' already strapped tax bases. Zip Codes The third IIMC Policy Resolution called for the support of legislation and/or adminis- trative regulations that would establish a pro- gram to provide individual zip codes to all political jurisdictions. The resolution cited the fact that much confusion has resulted from sharing Zip Codes with reighboring DON'T MIS5 OUT The Alaska Municipal League Excellence in Local Government Program Deadline September 30, 1989 September 30 is the last chance to submit your municipality's choices for the Elected Official of the Year and the Municipal Employee of the Year. Send your nomination to the Alaska Municipal League, 217 Second Street, Suite 200, Juneau, Alaska 99801. For more information or nomination forms, call AML at 586-1325. communities. Many jurisdictions suffer from the loss of vehicle license taxes, sales taxes, etc., because residents use a postal address on reporting forms. The resolution further stated that a separate Zip Code system for each munici- pality would improve the receipt of mail, decrease confusion among the citizenry as to the proper location of their homes, and eliminate the confusion of identification of political jurisdictions in metropolitan areas. Acid -Free Paper Finally, the IIMC supported Senate Joint Resolution No. 57, which would declare it to be a policy of the United States that all fed- eral records, books, and publications of en- during value be produced on acid -free per- manent paper. The action was taken be- cause of a growing concern about the im- pending loss of an enormous part of the country's historical, cultural, and scientific records and literature because of the self- destruction of the acidic papers on which books and other publications have been printed since the mid-19th century. Not only would S.J.R. 57 establish a federal policy in this area, but it would urge similar action in the private sector. ho Page 14 September 1989 Position Vacancies Finance Director —Bethel. Bethel, Alaska (pop. 4,462) is seeking a finance director. Minimum of bachelor's degree in accounting or financial management; master's degree in public administration or business administration, with major in public finance, preferred. Minimum of five (5) years work experience in a municipal government, state government, or non-profit organization or in a capacity similar to this job; strong background in data processing equipment, preferably IBM System 36. Salary negotiable, DOE; excellent fringe benefits. Submit resume and employment references to Rer- sonnel Department, City of Bethel, P.O. Box 388, Bethel, Alaska 99559. Fbsition open un- til filled. City Clerk —Seward. Seward, Alaska (pop. 2,400) is soliciting applications for the posi- tion of City Clerk. The City Clerk reports directly to the City Council and is responsi- ble for administration of the city's records program, city elections, and provision of ad- ministrative support to the City Council and its boards and commissions. Seward is a growing, progressive community, and the Clerk's position is an integral part of city's management team. This is a challenging and rewarding position needing a capable and self-confident individual to meet the demands of the office. Qualified applicants should possess excellent writing and speak- ing skills, good organizational skills, a knowledge of office management principles, familiarity with Alaska Statutes Title 29, and local government experience. Two years ex- perience as a City Clerk or Deputy Clerk is desirable, but not required. Applicants may substitute course work in public administra- tion for experience. Salary DOE. Submit resumes by October 1, 1989, to City Clerk, Box 167, Seward, AK 99664. Deputy Clerk—Ketchikan Gateway Bor- ough. Ketchikan Gateway Borough, Alaska (pop. 12,982) is seeking a Deputy Clerk. The Deputy Clerk provides specialized secretarial work and administrative support services within the Clerk's Office. Requires know- ledge of proper business English usage, spell- ing, grammar and sentence structure; mod- ern secretarial practices and duties; and statutory requirements governing work as- signed. Requires ability to efficiently operate a variety of office equipment; produce large volumes of typed material and process nu- merous documents within limited time peri- ods while maintaining routine office service; to establish and maintain effective working relationships with other employees; to res- pond to the public in a tactful, pleasant and courteous manner; to handle questions and complaints in a straightforward manner; and to work independently with minimal super- vision. H.S.D./G.E.D.+. Excellent benefits. Starting $1854. Send resume to Borough Clerk, 344 Front Street, Ketchikan, AK 99901. 39th Annual Local Government Conference November 15 - 17, 1989 JUNEAU '89 - Make your travel and lodging reservations now - airlines and hotels are filling up fast - Submit your resolutions in the proper format to the AML by October 1 for membership distribution Register today for the 39th Annual Alaska Municipal League `Local Government Conference AML Newsletter Pate 15 ALASKA MUNICIPAL LEAGUE 39th Annual Local Government Conference November 15 -17, 1989 JUNEAU "89 Advance Registration Form I would like to register for the Alaska Municipal League Local Government Conference, to be held November 15 - 17, 1989, in Juneau Newly Elected Officials Seminar, to be held November 14 - 15, 1989, in Juneau My registration fee(s) are enclosed. Amount enclosed Name Spouse/Friend (if attending) Municipality/Organization Address of Municipaiity/organization City State Title ZIP Code Please defich and OW this f mk Pka fare(s), to AML, 217 Second Sat, Sauce 200, Amew4 Ahmft 99901 Make checks pep whim to Albeit Hurdcosf Leegea. ---------------------------------------------------------------------- REGISTRATION FEES Advance Registration On -Site Registration (postmarked by Oct 27) (after Oct. 27) AML LOCAL GOVERNMENT CONFERENCE Member .................................... $ 145 $ 180 Non-member ......................... ....... $ 175 $ 205 Spouse/Friend (non -municipal official) ............... $ 90 $ 110 NEWLY ELECTED OFFICIALS SEMINAR Member ..................................... $ 80 $110 'Non-member .................................. $ 110 $ 135 For more information on the Local Government Conference and the Newly Elected Officials Seminar, watch the AML newsletter and special conference bulletins or contact AML staff at 907-586-1325. No refunds will be made on registrations cancelled after November 8. REGISTER NOW — ADVANCE REGISTRATION SAVES MONEY AND TIME AT THE REGISTRATION DESKI! TELEPHONE (907) 586-1325 FAX 463-5480 TO: FROM: SUBJECT: AML Members S urgess, Executive Director DRAFT ALASKA MUNICIPAL LEAGUE POLICY STA 217 SECOND STREET, SUITE 200 JUNEAU, ALASKA 99801 September 8, 1989 567 Attached is the Draft Alaska Municipal League Policy Statement, 19N for yo�7i �iew prior to the 39th Annual Local Government Conference, which will be held in Juneau, November 15-17. Changes in the Policy Statement were proposed by the Steering Committee of AML's Legislative Committee and approved by the Board of Directors at its August meeting in Barrow. Now it is time for all of AML's members to read through this daft Policy Statement, discuss it with other local government officials and with citizens in their communities, prepare arry amendments they may want to make, and come to the conference prepared to discuss and adopt a final Policy Statement for 1990. As you know, the AML Policy Statement is a compilation of the League's positions on a wide variety of issues affecting Alaskan local governments. it serves as a guide for the AML Board, Legislative Committee, and staff as they develop a focused legislative program to present to the Legislature each year and as they serve as advocates for your communities. It also enables you, as local government officials, to see what all of the League's members have agreed upon as being best for municipal governments as a whole. In both of these ways, it is an important document, and I urge you to take the time to review the existing document and the changes proposed by the Board. New material in the Draft Policy Statement for 1990 is underlined, and material that the Board has proposed to delete or move is enclosed in brackets [ ]. A note about where material has been moved to or from is included for those of you who may want to compare this document with the 1989 Policy Statement. You will note that this draft document has quite a few changes from last year. They center in three main areas: 1. Consolidation of the "Elections" chapter with the "Local Govemment" chapter 2. Relocation of sections dealing with state policies that affect communities but do not directly impact the operations of local governments to new sections within each chapter titled *State Policies Affecting Local Communities• 3. Relocation of many of the sections dealing with resources, which were located in "Land Use and Resources' last year to Part VIII, which has been renamed •Economic Development and Resource Management" Please review this document and think about it seriously as you prepare to be an active participant in the policy discussions scheduled for the Annual Conference in Juneau. Each part of the document will be discussed in a separate Policy Section at conference; a schedule for those sections will be included in the October edition of the AML Newsletter. 90PS:PSTRANS.90 MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COUNTIES TELEPHONE (907) 586.1325 " FAX 463-5480 217 SECOND STREET, SUITE 200 1UNEAU, ALASKA 99801 DRAFT A16 Municipal League 1990 Presented by the AML Board of Directors for Consideration by AMiL Members at the 39th Annual Local Government Conference November 15 - 17, 1989 Juneau, Alaska MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL. ASSOCIATION OF COUNTIES PART I TAXATION AND FINANCE The League supports creation of a long-range financial planning process for the State to allow for a rational, orderly, and timely response to reductions in state revenues and the changes in state and local governmental services that may accompany such future economic cycles, (moved from Part I, 1.3) As the production of Prudhoe Bay declines, the major source of state revenues will evaporate. It is essential that the State make necessary adjustments to the known loss of oil revenues in a planned and timely fashion. New revenue sources must be put in place as, and not after, the oil revenues decline. Similarly, if state programs and services are to be reduced or eliminated, an orderly and timely reduction or phaseout should be implemented to avoid the traumatic effects of sudden changes in state and local services on which citizens have come to rely. The League recognizes very major changes affecting the Alaskan economy and invites the Governor, Legislature, municipalities, and private sector organizations to join in development of a long-term economic plan to minimize sudden impacts on citizens. We recognize the inter -relationship of state, municipal, and private sector concerns and realize that to be effective any long-range plan must include all sectors. A. STATE ASSISTANCE IN FINANCING LOCAL GOVERNMENT 1. State -Collected, Locally Shared Taxes and Licenses: [a.] Municipalities In Alaska presently derive significant revenues from state -collected, locally shared is and licenses to help meet their basic operating expenses. The League, therefore, opposes reduction of such revenues by the [through] elimination of [such] taxes and licenses, unless other equal sources of revenue are made avaiiable to local governments or appropriations to compensate for lost revenues are made by the State. 1 Draft 1990 Policy Statement 2 Taxation & Finance There are several state -collected taxes and licenses that are shared with municipalities. These state -shared taxes constitute a significant resource for many municipalities. The reduction or elimination of such taxes shifts to municipalities the burden of supporting the programs that are supported by state -shared taxes and licenses. If the State reduces or eliminates a state -shared tax or license, it should replace that revenue source to the municipality with one that reliably and dependably produces at least the same revenue in the future as was produced by the state -shared tax. [b. The League urges the Legislature to appropriate annually the shared taxes by the percentage set out in statute rather than by approximate, estimated amounts.] [Currently, shared taxes are computed by estimating the tax amount and then applying the statutory percentage to arrive at a dollar amount. This is imprecise, causing delays in distribution and often necessitating supplemental appropriations and further delays. Instead, the League urges the Legislature and the Administration to appropriate and pay shared taxes to municipalities according to the percentage specified in statute.] 2. Forward Funding: The League urges the Legislature to establish a forward funding program for the municipal assistance, municipal revenue sharing, school foundation, and school construction programs and to begin setting aside funds for the next fiscal year so that the program may be fully implemented at the earliest possible date. 3. Use of PormojLnt Fund E - lings for Munici ap i Suggort: The League supports the use of Persent Fund earnllngs for revenue sharing, municipal assistance, foundation formula, and school deb# reimbursement. 4. Funding of Local Ca iittal Projects: The League supports the establishment, by statute, of a "block grant" approach to a portion of the state funding of local capital projects in order to allow the decisions regarding local capital project priorities to be made at the local level. Each year the Legislature appropriates monies for certain local projects that may not be in the local capital improvement program and may possibly even be counter- productive to the local capital program. A block grant approach to the funding of local capital projects would permit the degree of coordination of capital projects at the local level that is required for the most effective delivery of local services. 5. Administration of Grants and Entitlements: The League supports legislation simplifying and standardizing grant programs and prohibiting the addition of special conditions to grants by a state agency when [where] such conditions are not contained in the appropriation or the authorizing legislation for Draft 1990 Policy Statement 3 Taxation & Finance the grant program. The League further supports elimination of administrative fees deducted by state lepsrbmints lei art the grants. The League opposes any restrleftne on the retention or use of interest eamed on grant funds. The State and municipalities both serve Alaskan citizens. Alaskan municipalities, as instrumentalities of the State of Alaska have similar goals: that is, to expend the public resources in a manner that provides the greatest good for the public. The imposition of numerous restrictions on, grants to municipalities is not only unnecessary but causes municipalities to make wasteful expenditures for unproductive activities that do not contribute to the accomplishment of the purpose of the grant. Further, the deduction by state agencies of a fee for grant administration additionally reduces the amount of grant funds available. Thetask of administering grants is one of the necessary duties assigned to the particular agency administering the grants, and the cost of such administration should be a general fund budget item for the administering agency. 6. P s-Through FUgdj and Grgnts: The League encourages the Legislature to make appropriatl s to nonprofit corporations and other named reo ertts under the provWons of AS 37.05.316 rather than making such grants to municipalities as "pass -through" grants under AS 37.05.31 S. The League further encourages the Legislature to amend AS 37.06 to permit grants that municipalities 1.,,. refit for lack of power or other reasons to be processed as grants under AS 37.0&318, which would allow the State to make the grants directly to a qual iffed nonprofit organization. When a municipality accepts a grant under the provisions of AS 37.05.315 for the construction of a public facility, the municipality covenants that it will operate and maintain the facility for its practical life and that it will not look to the State to operate or maintain the facility or pay for its operation or maintenance unless the grant is for the repair or improvement of an existing state facility. Although AS 37.05.316 provides a mechanism for making grants directly to named recipients other than municipalities (e.g., private, nonprofit organizations), the Legislature continues to make "pass -through" grants to municipalities. These pass -through grants are intended for specific, named recipients to perform specific functions or for specific capital improvements. Pass -through grants are sometimes made to a municipality for projects that are either extremely low on its priority list or are, in fact, projects that the municipality opposes. Many times, the grant is for a purpose or function the municipality does not even have the power to perform. In spite of this, the municipality is expected to accept the pass -through grant and covenant with the State that it will operate and maintain the public facility to be constructed under the grant even though the facility is to be owned, operated, and controlled by 3 private organization and even though the municipality may not have the power to performs the function. For these reasons, the Legislature should either make pass -through grants appropriations under AS 37.05.316 or provide a mechanism under AS 37.05.315 that would permit the Department of Administration to convert section 315 grants that are declined by a municipality to section 316 grants. Such a system would Draft 1990 Policy Statement 4 Taxation & Finance increase the efficiency of the grant system as it would eliminate the expenses associated with having to pass such grants through a municipal "middleman." 7. Matching Grants: If state programs re!gulr@ local matching to recgive funda. Lin thss pie programs that require local metch,J the matching requirement should be Iced on all grantees. Because of the reduced availability of funds to continue to make grants to municipalities and named r4opients under AS 37.05.315 and .316, proposals have been made to initiate a matching requirement for grants made to municipalities. The benefits to be derived from a matching requirement will arise not only in municipal grants but in grants to other entities as well. The willingness of the grant recipient to shoulder a portion of the grant project costs is indicative of how important the grant is to the recipient. If a matching requirement is established for grants, it should apply across the board to all grantees, and not just to municipalities. 8. Fin inn for ,Wo ri , gnu MuseuMf The League supports continued funding for grants to mur0cipialitles In the State for the construction and eq+uiW ng of Ibraries and museums. (moved from Part 11, C.1) Libraries and museums are important facilities to provide meaningful educational, leisure, and historically interpretive activities in the municipalities of the State. These facilities help provide constructive winter -time diversion and add to the experience of visitors, who visit primarily in the summer. The State needs to continue support for these important cultural and educational facilities so the Alaskans and visitors alike can share in the knowledge and rich heritage of Alaska. B. MUNICIPAL ASSISTANCE/REVENUE SHARING PROGRAMS . .... „ .e:"".._ :- ,..�'._. • • • ,� ,. l[' ...- _' r .. _ • e .. ear -.A - X_ _. Oil r s ur the revenues derived from theM belongto all the People of AI sk . The r v colleZed b to and m EggiWbuted back to 61askans; At _MD!. +, . « . ! �!. all' �. Draft 1990 Policy Statement 5 Taxation & Finance. . A- A a. The League supports the State Revenue Sharing Program. In order to provide more predictability of payments under the program and to insure that the benefits and burdens of changes in state revenues are shared equitably by state and loll government, changes in the annual appropriation by the l.egisiature to the State Revenue Sharing Program should be based on such criteria as state population, inflation, cost of local government services, and other timely considerations. b. If those cases in which] legislation is approved increasing the state revenue sharing entitlement for specific recipients or for a specific purpose, the League sURR aF&MRarable Igor [advocates that] the total funding iRor state revenue sharing [be increased accordingly In order] to preclude the dilution of funding to other recipients. C. The League supports an Increase In the state revenue sharing minimum entitlement. d. The League supports furl state funding for road maintenance at the $2,500-per-mile level and ice road maintenance at the $1, per -mile level determined try the First Session of the 11th State Legislature. The League also supports the adjustment of that amount to reflect the increased cost of maintenance. The League also urges [that] the Legislature to add an entitlement for winter troll staking. o2 the l e 1 , §baring PMgM, [is very concerned that funding of miscellaneous statutory entitlements not dilute revenue sharing appropriations. The League recognizes this program's purpose in providing funding of basic services expected by the public.] The delivery of public services is the primary purpose of state and local government and can best be implemented through a cooperative state/local partnership. The State, with its acknowledged superior access to public resources, has recognized that many public services are more effectively delivered through local government and that state resources should be used to assist municipalities in delivering such services. Draft 19W Policy Statement 6 Taxation. & Finance In order to maintain the appropriate level of locally delivered services, revenue sharing and the various municipal assftvce programs should be adjusted annually based on factors that are relevant to the services to be delivered. This would make the programs more rational and improve predictability of funding levels. In addition, such funds should be partially funded at an adequate level at the beginning of the fiscal year so that municipalities are not required to "borrow" from other local funds to support the State's share of such programs. Underfunding of the Miscellaneous Municipal Services Account, which provides aid for basic governrnental services including health facilities, road maintenance, and fire protection and minimum entitlements for the State's unincorporated communities, has forced a prorated reduction in funds available under the program for each community. State support for these services is statutorily defined, and full funding should be provided for this account. However, fully funding the Miscellaneous Municipal Services Account should not be accomplished by reducing current levels of funding for the Municipal Taos Resource Equalization Account, the other portion of the Revenue Sharing Portion. That part of the program, which receives over 60 percent of the funds appropriated for revenue sharing, is a major source of revenue for all local governments. 2. Munialoall Asslstance: The League supports the continued funding of Municipal Assistance at the highest level possible. The League opposes action to fund ft IIJmJ1sceIIan9ous MuniciRill Services. Account of the State Revenue Sharma Pro W statutory entitlements at the algRon#2, of [that would dilute] the MunllcIpat Assistance appropriledon. The League recognizes this program's purpose in providing funding of basic services expected by the public. Where formula funding is established, the Legislature should fully fund such formula programs so that municipalities may rely on such formulas for budgetary purposes. Full funding of stat orily defined formula programs should not reduce funding available to logN governments grider the Municical Assistaffie block grant ro ram. 3. Pgpuip atign Vetermi!ngJon: The League supports the use of generally accepted demographic techniques for the annual determination of resident population for purposes of the revenue sharing and municipal assistance programs. Population determinations for revenue sharing and municipal assistance should be made on a basis that cannot be distorted to favor one area of Alaska to the detriment of another. Legislative adoption of federal census guidelines would assure unbiased determinations. In the absence of federal guidelines, only accepted demographic techniques should be used. Draft 1990 Policy Statement 7 Taxadon & Finance Wongly supports funding of hospittell and tHMM facillity grants outside thzz munMpal program Although each municipality generally requires a hospital or health facility to adequately serve the needs of its residents, health facility construction and operation are heavily contro4ed by the Department of Health and Social Services. It would be more appropriate to fund aid to hospitals and health facilities under appropriations made to the Department of Health and Social Services rather then through the municipal revenue sharing program. •M •Riimy Nil Alaska Statute 43.75 establishes provisions of the Fisheries Business Tax program. This tax, commonly known as the "Raw Fish Tax," is collected by the State based on the amount of fish processed in on -shore facilities. AS 43.75.130 stipulates that 50 percent of the revenue shall be refunded to the municipalities in which that processing activity occurred. Enforcement of the provisions of AS 43.75 and collection of taxes due have not been adequate, with the result that local jurisdictions have not received the amount of taxes due to them to support the services provided to the fishing industry. During the 1989 legislative session, a move was made to change the distribution formula, giving less than the statutorily defined 50 percent share to municipalities. 6.. [5.] Offshare Fisheries Tax: The League supports an offshore fisheries business tax revenue sharing program. Offshore fisheries activities outside municipal boundaries create substantial onshore impacts. Municipalities are adversely affected by such activities, and should share in fisheries business license and any other tax revenues in relation to the onshore impacts caused by offshore catching and processing activities. C. LOCAL TAXES Draft 1990 Policy Statement 8 Taxation & Finance h- wmommm 2p Tax LgXXM Alift ty: The League opposes any efforts by the Stag that would rechnskwal Wx b s, InOt local taoc4evying a 3►, or adversely affoc# the marketab11 ty of municipal Imo.] a. The League opposes the imposition of starts -mandated exemptions of certain classes of property, Individuaft, organizations, or commodities from the application of takes unless full cornpensa*w Is made for revenues lost due to these exemptions. If the reimbursements for state -mandated exerruptione are not fully funded, currently or in the future, the exemptions should be repealed or gl',9rated. In implementing state policies, the Legislature has created required tax exemptions from local property taxes for certain classes of property, individuals, organizations, or commodities. As it is a state policy or program that requires these exemptions, the burden of the exemptions should fall on the State, and not the local government. If the State is going to establish such exemptions, it should fully reimburse the municipalities for revenues lost because of the exemptions. If the State is not going to fully fund such losses, the exemptions should be repealed or prorated or suspended. b. The LeIgue supports elimination or proration of the Senior the I2vu�il 2ff fylnding provided bey the Stag. [The League supports stricter regulation of and a reasonable and equitable solution that would substantially diminish the current fiscal drain on municipalities caused by the operation of the Senior Citizens/Disabled Veterans iproperty tax exemption program and Farm Use Assessment program.] •t e .• :• -EIRCO•� • • •• • 1L=.i laid!^ .!.! • li!i �, = �. • •.: t_TXra• • 1 MO M-P, I I IN j M a U; - A j L.: -7 — - i� t ;0;_ Ir Draft1990 Policy Statement Taxation & Finance :�s! •jra1.=,1StiA! •1W � � !�.� .-l" �. 11i�. !«`.=1 s � .;: s :!: .:� :.�!.� '!t''e �iA1 � ll19�; �1°._1l" �. • •, �.il_ _:__. <�., 1ili w,te r,�;;~; .w" .�:-.: s •; /. s..a' ..=it1 s ,�:: ..�... ! •iii.�• s i �1111, .. • [Particular attention is called to the Senior Citizen/Disabled Veterans property tax exemption program and the Farm Use Assessment program, which have been underfunded or zero -funded in recent years. There are ways the cost of these programs can be reduced through regulation; however, because the State mandates local participation and administration, it has the responsibiiityr of funding reimbursement at least to the level of local revenue lost. Regulations that would reduce the state cost of these programs include stricter residency requirements, such as those for the Longevity Bonus Program, and restriction of residence and place of abode to a single legacy described parcel used as a residence.] 3. enyme 4n•Lleu: The League endorses the establishment of a program for paryment4n4leu of taxes for Improved state property and state public corporation lands within a municipality. Property owned by the State of Alaska or public corporations (e.g., the Alaska Railroad) within municipalities requires local public services just as does property owned by private entities. Because state-owned property is exempt from local taxation, those municipalities that have a disproportionately large amount of improved state property within their boundaries bear a disproportionate share of the burden of providing public services to such property. A payment -in -lieu of taxes or permit to tax would reduce this disparate burden. M=U« • a i'i a11a M.• •ems • j, J _ • • 1s• • i .: li J.. ; • s7MR11.4f__.. :.1! s • �. :i*L�.l ! • • !y!� • c l� c,2M#Mv*s. Might to Tate: The Lasgue opposes any further state aflbri to levy a property tax that would infringe upon the rights of local governments to levy the sass* rate of tax as levied on other property within the taxing jurisdiction.] [The property tax is the mainstay of local government revenues and is the traditional source of revenue for most municipalities within the State and the nation. The State Draft 19W Policy Statement 10 Taxation & Finance should leave this source of revenues to municipalities so that they are not put in a position of competing with the State in this field of taxation.] S. Mjotgr YfagI2 Recdetradon Tax: The League urges revision of AS 28.10.431, motor velviicile regi tax rates, to reflect greater equity in taxation of vehicles compared to outer forma of personal property. (Municipalities that do not optionally exempt motor vehicles from personal property taxation but have elected to levy taxes through a motor vehicle registration taut are increasingly aware of disproportional and inequitable treatment of tax on vehicles as compared to other forms of personal property. The tax schedule in AS 28.10.431 was adopted in 1978 and has not been revised since that time. Local officials estimate that the registration tax is less than half of the local revenue that could be generated by local levy of personal property tax. 6. Waiver of Tax Qgllection: The League endorses legislation to permit the waiver of collection of taxes when collection costs exceed taxes due. Because there is no method of exempting from taxation certain properties that have little value, municip811des are placed in the position of having to attempt to levy and collect a tax on such property that does not even pay the cost of assessing the property and collecting the tax. Municipalities should be given the option of either exempting such property or waiving the collection of such taxes where collection costs exceed public benefit. 7. Removal, of Sales Tax Limit: The League endorses the repeal of the sales tax limit contained In Title 29. Because a sales tax must be approved by the voters before it may be implemented, there should be no statutory limit on the rate of sales tax a municipality may impose. If the voters in a municipality desire to tax themselves at a rate higher than the 6 percent currently authorized by statute, they should be permitted to do so. S. Tjjx 'a ii1i y for Certain SAM or Federal Agengy Proms es: The League supports legislation to require payment of property taxes by states or federal apexes for real property owned by the agency for investment purposes or acquired !through holding of security interests. Agencies of the State and federal government are treated differently with regard to local property tax on property obtained through default or foreclosure. AHFC and HUD are two agencies that commit through regulation or legislation to pay local property tax in recognition of the fact that local services contribute to the value of their property. Farmers Home Administration, Public Employees Retirement System, and Teachers y Draft 1990 Policy Statement 11 Taxation & Finance Retirement System are also government agency investors who obtain property through default, but they do not pay local property tax, claiming exemption under AS 29.45.031(a)1. AIDA property does not cone ibute to local services. 9. Taxation of Prop2ft Owned ley thq Alaska Railroad. The League The Alaska R@jlrojW Corp2[gon is currently exempt from municipal property taxes !21MM it w - . For four re m-ns the League feels Jhat _ railroad a.« .td no JM/, • ..,n. "aft 1 ,:r t s : c .:w• i:: .. '" «J Ja i «, t «=:.L'w1.servi:. • 1N • :. • by mMoicipalftigs: a) other s w Ices local 12r-o:122M taxe§ on orgggrty they own* 3) the Alaaska Railroad is in direct comoetition .tb''.."' N ftState of :..,: w.": '.';ndis no gMin :i,:::.e.• ofsowivil9 'ome toensure its su=ss. i I rWLeaguexW:_: ngt ORROGS @Zong permit a localx ai tl a •.ci-a. ";" fal.IA...,l.14. to = .:ain•.ainventor x r • oMigidlifrom •18.a•c[exemption• prop" • Inventoryr of product]. 12royisjol3s foroplignal • lAll..l , • l .�.�'^, l.: or • M' r « r x d 2.aft taxgg must Rrovigo for• M . eftx' a:.: y2lir MUneg idoft. 17be League also supports a three-to.�Ifive-ysar maximum time period for all such preferential exemptions • property W The League recognizes the critical need for permanent jobs and employment stability in local communities. Where property tax incentives are meaningful in attracting manufacturing or value-added industry using the human and natural resources of the State, exemption incentives may be an economic development tool. This philosophy applies not just to timber but to other natural resource inventories. Adoption of such an incentive should be by ordinance approved by the voters with a duration of three to five years, at which time the local government can review the need for extending the exemption or deferment. 11110). Qptlonsi Exemptions: The League does not oppose the addition of optional exemptions from' property taxation provided the public agrees through a vote of the people and a sunset on the exemption is set in three to fhre years. r Hoyirev�r�in iigjt of the impact proper y tax exemg#ions can have on other municiRal revenue urc includ n f r I r ms s h a s e r nu Draft 1990 Policy Statement 12 Taxation & finance The League recognizes that expansion of optional exemptions from property taxes involves more than preferential treatment of classes of owners or property. Issues of public benefit, effects on formula funding revenues, changes in tax burden on other property owners, and competitive market influences are a few considerations to be weighed. As these factors affect the public generally, adoption of local exemption should only be through ordinances approved by the voters. Further, in recognition of changing conditions and public needs, these exemptions should only be considered with provision of a sunset in three to five years. A A", I! 1; ":��Y �. i•1A Il �.'a.i r:.. '3� ;~E er ��r er � !►x r� • e • .a A • :: CIS! ew r us ••:, • s = : I�NAa �19;:: R..! "� p � .. • k s • • • s • .. • s •� »:.' �' l •. � .�*, � w '"., .:,y,_a.� M Al �.1.i: �'�.�', �1°.. a a;=.. 1. � ,.. '�. ,�9:� .i9k �:.,» • • !". ', '^'......,:.:,:�"U:� »:t.,.� xl r; a! • • ;...SEX. �! : ;.i;l'" � • ., • • • r .; � .,•. • 12[11]. Real ProcjV Tr l,IlgAct1 ?n V E: The League urges that if the Alaska Legislature enacts legisie ion requiring reporting of real property transaction values, such legion also require that these reports be shared with the appropriate municipalities. Alaska is one of only fourteen states in the country that does not require recording of real property transaction values. The American Bar Association's proposal for sale price reporting, new IRS reporting requirements, and national links of market data to dial institutional failures all make it likely that the State of ,Alaska will seriously consider or be forced to consider full reporting legislation in some form in the near future. Since municipalities are required to bass local property tax on full and true value, it is equally important that any price reporting data be made available to local municipalities if uniformity and equity in assessment are to be maintained. ... -,. L • mm :i�" . _...". •1.. _.L �. :Ll� "w.'�. �..., . .i d ".9 u. '.i.Jl, �_ ..� qy -. .:.1i1 I " . 1.' .;�.15"X. `:�: • • ' ri'.sj 1 • .i111 I.. $. C .l%, :: a.:r Draft 1990 Policy Statement 13 Taxation & Finance ?�!L�.ili .Jki� :1"'� .:..,�Ay! ! �t � �-<? :i`: aJ!a.ih� %h!..1 = lei . r r � • • •� r e,� �1 �.. °714,47 Y 7 + JC:. ,i . "»*�. _ " ,11 � s '.t !..s.::T TN ti1 s :: ar iT7. e t r i.d,: ° 1 - � T i, r:d'. M! t 7F . ;.1 r 0 • : r ffi IE _s!i .,:. W,u r 7- q' ,:RI !i • ., r,.T- 1,.,.1. a :l.,p, +:A !..: er ! .:.e,as."wo�t.—TA '..:..i�.,� -*.�.['_1� ,.s. :��y"`.�.:`�.;,i ��1 _ 1M, T.L.iw..:.:• D. PUBLIC EMPLOYEES RETIREMENT The League urges that any legislation that Increases the cost of the Public Employees Retirement System or the Teachers Retirement System due to increased berieft require the cost to be borne by 000#ribu ns from the employees. The League urges the Legislature to require fiscal notes to address the Impact on each participating nnuniic*al employer If any amendments are made to the Public Employees Retirement System and the Teachers Retirement System. Because municipal employees, including teachers, are members of the Public Employees Retirement System or the Teachers Retirement System, municipalities are affected by changes made by the Legislature to either retirement program. Many times proposals are made to change a retirement system without focusing on the increased cost to municipalities that such changes will cause. Because the municipality has no control over the retirement system and any increase in retirement benefits will decrease funds available for other municipal services, any increase in retirement system costs resulting from legislative action should be borne by the employees,who will benefit from the increased retirement benefits. Additionally, in order to assist municipalities and the Legislature in evaluating changes to the retirement systems, fiscal notes accompanying such legislatdon should include an analysis of the fiscal impact on each of the participating municipalities. E. HEALTH AND SOCIAL SERVICES 1. t;Jtilization of Local Health Facili#fea( ,fK Nean"ry EmmWency Transgartiglom The League urges the stale and federal agerrcles responsible for health care to use local health fac idles and to transport patients to regional centers only when necessary services are not available locally. The League Draft 1990 Policy Statement 14 Taxation & Finance supports a program to cover the cost of transporting patients to regional heath care facil s for oaf entergenalies when necessary.(last sentence moved from EA below) Local health facilities, whether municipally or privately operated, are essential to the welfare of each community. The greater use that is made of local health facilities, the wider the rarer of services the facility can offer the community. State and federal agencies that place patients In health care facilis can contribute to the increased availability of health services by wring maximum use of local health facilities. However, many communities in Alaska are small and in remote regions that are not connected by road to urban areas where extensive medical services are available. The citizens of such areas should have adequate access to such regional facilities when required in a medical emergency. State support of the cost of air or sea transportation of patients requiring emergency medical treatment would improve such access. [2. tjQ§QM[ and H400h Facillfty Fungi:] (moved to Part i, J.1) [4. fMading for AirlS"18411 Ambulance Services:] (moved to E. i above) 2.[S.] Q ill Care: The League urges adequate state funding for communities participating in the child care program. [6. Adult Daffy Care:] (moved to Part I, J.3) F. FISCAL NOTES/GOVERNMENTAL MANDATES [1. fkgal Notes: The League supports enactment of legiisiation requiring- ., the State to prepare, In consultation with the Imputed governments, notes assessing the f[scal Impact on local government of any proposed bill or regulation, Including pass-4hrough grants.] (Numerous bills are introduced each year that would have an impact on the cost of the operation of the local governments. However, it appears that no analysis and little thought are given to the actual impact such legk0ation would have on affected municipalities. In order to assist the municipalities and the Legislature in making informed decisions about such legislation, fiscal notes assessing the fiscal impact on local government of such bills are necessary.] Draft 1990 Policy Statement 15 Taxation & Finance League urges passage of legislation that would require the transferring governmental agency to rellralxree municipallifte for costs they Incur in programs or aathrl ho mandated or tranShwnedby the *09 or federal government at other than tho mast of the mmiew-simI Proposals are occasionally made to require municipalities to undertake programs or activities for which there is either inadequate or no reimbursement. Proposals that shift the burden of such programs to municipalities should provide adequate reimbursement to the muniolpalitioes for the administration of such programs. No state or federal re.gUlation thig iml2oses a cost upon local governments.Id -be enacted without rreimbu M2M for the cost. G. FEDERAL ISSUES 1. Federal A$slonce: The League supports federal recognition of the federal -local partnership in providing governmental services to citizens through federal assistance to local goverrimenla. 2. Outer Coftlental Shelf (OCS) Revenue Sharing: The League endorses enactment by the United States Congress of an OCS revenue sharing program, to be funded annually from the proceeds of the oil and gas lease sales on the OCS at a fair and +equitab►l a level. The League also endorses an automatic direct pass -through of a fair and equitable amount of the State's allocation under this programs to communities ~ed by OCS activities. Further, the League endorses the concept that the State's and communities' allocation of OCS revenue sharing funds be used for coastal planning, resource protection programs, construction of capital Infrastructure resulting from direct OCS activity, and health and social service needs resulting from OCS activity. For the past several years, federal Ocean and Coastal Resource Management has expected state coastal districts to rewrite portions of their plans making concessions to accommodate the oil and gas industry. This creates extra work for state agencies and coastal districts developing coastal plans at the same time federal funding is being cut. Coastal districts have accommodated the industry as much as possible, often compromising their plans more than they would have liked in order to obtain federal .. approval. Since the compromises to oil and gas made by coastal districts will enable exploration and development to occur with fewer restrictions and impediments, an OCS Draft 1990 Policy Statement 16 Taxation & Finance revenue sharing program would help coastal communities make up for the negative impaa s ifs development would cause. An OCS revenue sharing program would assist coastal disMots that are or will be impacted by oil and gas activities. Monies could be used to further coastal planning; provide funds for port, harbor, and airport development and improvements, protect local populations from adverse effects of OCS of and gas development and mitigate existing impacts; be used for clean-up plans, procedwes, equipment and supplies should an accident occur; and provide for governmental services to fulfill needs created by this development near coastal communities. Direct pass -through of money to impacted communities would ensure that the funds are used for what they were intended. However, the State should be permitted to retain a portion of the funds to assist in providing support services to coastal districts. 3. P.I.L.T.: The League supports continued funding of the Federal Payments in Lieu of Taxes program. Because tax-exempt federal property within municipalities receives many of the same kinds of locally funded municipal services as does privately owned taxable property, and because much federally owned tax exempt property supports or attracts a population as does similar private taxable property, which population must be provided with the full array of municipal services, it is appropriate that the federal government provide payments in lieu of taxes to municipalities to ensure that the burden of local services provided to federally exempt properties is not cast disproportionately on municipalities. 4. Income Tax, Law Fact: The League supports the tax exemption of municipal bonds for public purposes and federal legislation to remove restrictions placed on municipal bonds by tax reform legislation. The League opposes changes to toderal tax laws that place additional burdens on local governments. 5. Nati aq� 1 Forgjt i9tceiRli Shared Mug: The League supports the fMII funding ;and distribution of National Forest Recelpts to communities affected by timber harvest and urges amendment to federal and state laws to include incorporated cities that are not under the jurisdlction of counties, boroughs, or unified municipalities as qualified recipients of such revenues. Currently federal law (U.S. Code, Title 16, Section 200) restricts state distribution of these funds to counties, boroughs, and unified municipalities. Several communities throughout Alaska, although greatly impacted by timber harvest, are not under the jurisdiction of counties, boroughs, or unified municipalities and are, therefore, prohibited from receiving any portion of these funds_ This situation is inequitable and federal law should be amended to allow timber harvest -impacted incorporated cities that are not Draft 1990 Policy Statement 17 Taxation & Finance under the jurisdiction of counties, boroughs, or unified municipalities to be included in the distribution of these funds. H. LOCAL DEBT 1. DOW Lim ta: The League opposes the impoatNon of limits on municIW debt other than those Imlloosed by " Make Cwwfti#on and by the bond nmrket beep 1here we VvW INeronawwit between munk4lpaiid" In Allasks with respect to revenue eourees, number and Is Ms- of ftmodone performed, and needs for infrastructure development. The local government structure in Alaska is quite different from that in other states. First, all local government power resides in cities and boroughs; there are no independent special districts with independent debt issuing and taxing authority as there are in other states. For this reason, there are relatively few municipal issuers in the State of Alaska. Those issuers are financially stable and have a good bond -repayment track record. The growth pattern in Alaska is erratic and various areas have experienced exttremeiy, rapid growth, which places very heavy demands on the ability of the municipality to respond wrath the heavy capital investment required to meet infrastructure expansion needs. The tried and traditional assessed value -based methods of limiting local debt do not take into account such unpredictable demands and would make such limits unworkable in Alaska. The constitution prohibits general obligation debt except for capital improvements that have been approved by the voters. In most situations the voters will probably say "no" to new debt before debt limits are reached. Additionally, the bond market is sensitive to the amount of debt assumed by an issuer and its ability to repay such debt. These two mechanisms together should serve to establish a practical limit on local debt. Artificial limits that cannot take into account the varying needs of municipalities should be avoided. 2. ate Manaoement of jai Deb#: The League opposos Mablishment by the Lealsfare [Because the establishment] of a mechanism for dealing with municipal bond defaults. i§_4$iiaotlon, when bond defaults have not occurred and when none appear Imminrerrt, would give the bond market a negative message about the fini al stablNty of Alaskan municipalities_ [, the League urges the Legislature not to establish such a mechanism.] In the past, at least one legislative proposal has been made to establish a mechanism for state management of local debt in the event of a municipal bond default. Such mechanisms have been put in place in other states in times when there were municipal defaults. Putting such a mechanism into place in Alaska at a time when there are no municipal defaults, and none threatened, is likely to send a message to the bond market that there are anticipated defaults by Alaska municipalities. The Legislature should not Draft 1990 Policy Statement 18 Taxaation & Finance attempt to fix something that is not broken when that attempt will do more harm than good. I. STATE -LOCAL FINANCIAL POLICIES AND RELATIONS 1. State F PoficM: The League urges that in any study of state tax, d4 t, or uncial structwe or poly, the Impact on, and of, �� be covored, dw* be su of f ciao the sttrrure and rnsig reccli The policies and the structuring of state taxes, debt, and other finances have a major impact on municipalities, bath direct and indirect. In either the study of state. financial policy or the adoption of new elements of the state tax, debt, or financial structure, municipal involvement should be sought and adequate consideration given to the impact on municipalities of such policies or changes. 2. Advisory Commi"ion on Intergov„ WnMnlal Reladws: The League urges the Legislature to establish a state Ina a vi overnmental relations commission to study and make recommendatkmo on the division and delivery of public services, the allocaltion of pubi'ic resources, state activities, mandates that Impact the ability of local government to raise revenues and deliver services efficiently and the activities of municipalities that affect functions of the State. Although Alaska and its municipalities have been growing and maturing constantly since statehood, the relationship of the State and its municipalities, the division of the delivery of services, and access to public resources have undergone dramatic changes in the last decade. Many of the changes were impelled more by short-range policies made feasible by the abundance of state revenues than by long-range policy considerations. With the recent instability in the source of state revenues and the continued decline of that revenue in the future, it is necessary for the State and local governments -to work closely and cooperatively to ensure that the citizens of Alaska receive needed services through the most effective delivery system. At present there is no vehicle which provides the State, municipalities, and representatives of other interested entities with a mechanism for dealing with common problems and providing rational and mutually agreeable approaches to multi -level public sector problems. An advisory commission on intergovernmental relations has been in existence at the federal level for many years, and the commission has produced timely and relevant responses to sharing problems of the federal government, states, and municipalities. Other states have established similar commissions at the state level and have been successful in improving relations between the state and local governments to develop rational and cooperative approaches to the division of public resources and the delivery Draft 1990 Policy Statement 19 Taxation & Finance of public services. In this critical time of declining state and local revenues, it is essential that the State and the rrwidpalities not be jockeying in an adversarial sort of relationship but in a cooperative relationship. An advisory commission on stage -local intergovernmental relations would provide the critically needed mechanism that could lead us to that end. [3. Lang -Range Mate Financial Planning:] (moved to the beginning of Part 1) [4. Economic I.d Factor: The League supports modification of the Economic LI Factor (ELF) as a means of recapturing state revenues that have been lost by lb Inappropriate application to the Prudhoe Say and Kupsruk Fields. (Since its inception, the Prudhoe Bay field has been the largest producing oil field in North America. This production was made possible because of state policy encouraging leasing of state lands to extract resources belonging to the people of Alaska. Prudhoe Bay was followed by discoveries and, in some cases, field development of Kuparuk, Milne Point, the Lisbourne formation, Endicott, and other units. The Legislature realized that, with respect to these smaller fields, it was important to maximize the oil reserves. The ELF was intended to foster that maximization, decreasing the tax rate at the point that production costs made the operations marginal. Unfortunately, ELF has had the unintended result of also giving a tax break for Prudhoe Bay, which continues to produce 1.5 million barrels a day. The consequence of ELF has been a reduction of up to $120 million in revenues in this fiscal year alone. Thus, the ELF should be modified to more clearly accomplish its intended purpose of fostering marginal fields while removing an unwarranted tax break to companies producing our Alaskan -owned oil at the largest field on this continent.] J. STATE eOLICIES AFFECTING LOCAL COMMUNITIES 1. Personal Income Tax. The League $uR2orts lectistation to reinstate r .'. f'.nJax to iatrrvx for.. . it ,.. Ll wtw.-1 me of .A it l I1r i1 rtL: , r - U 'xi°' is b '..1..1 l.' 7I � a °:. 2. School Tax The League supports reinstatement of a state school tax at a rate of $50 ptr year per Alaska Mne earner. 3. Hospital and Health Facifty Funding: The League supports state assistance for hospital and health facility construction and operatkrg costs so long as such support does not negatively affect existing levels of municipal assistance and revenue sharing funds. (moved from Part I, E.2) Draft 1990 Policy Statement 20 Taxation & Finance 4. l a of §fi a .t1saM and ..Smiiai Smices; The League endorses ttte r i�p and of *We heMh and sad sees where cost eftcfts. (moved from Pit i, E.3) S. Adult Qay Care: The League urges adequate state funding for communities participating in the adult day care program. (moved from Part I, E.6) PART II EDUCATION A. SCHOOL SUPPORT 1. Funding _fgr fic ols: The Alaska State Constitution mandates in Article VII, Sermon 1, Public Education, that the State shall establish and maintain a system of public educe, open to all the children. Therefore, the League supports the State assuming financial rosponsibillty for basic education and Including funding of school construction. Article III Sedon 1. of the Alaska State Constitution provides that the State shall maintain f public educAtion, gain to all the children of the f" sta G I n e n n ' that all rson are al and entMed tQ e u l rights, op=unijea,r d r a law. The educabonal estoishiment and e-gual grotWign a se Alaska tate constftuffon r@quire the State fully fund basic educ-Donal need. tic educational need includes pro rerr mabc need and cagital construction costs. The Alaska Constitution's educational establishment and equal protection clauses establish en l cons*Aongl d& of the state to bli h and maintain a gy0m of public sgbools aj3d to MQvideh -a > 'Idr with n e ual eduggoon throe hout the State. reaard ess of talc wealth of a district. A funding formula that results in disparate imPacts in ediycation is unconstitutional. L- - h'l ten The t tgW a iprogrgm of bonded deb! reimbursement reimb e municipalftles for the costs of constructing hool facilities. The pro -gram reimb r s a muoicipajim for a 122rcen a ge f e bonded indeb dness it in rr to I os and relgato facilities. Th@ re` met grogram is sub'ect to legislative a -ppropris tion 21 Draft 1990 Policy Statement 22 Education and maycause a significant fiscal impact to municipalities based upon the level of reimbursement horized by the Legislature. Basic educational need includes both the operational and capital construction componem gf the educational gygltm, Ig eliminate the unconstitutional dispkities currently existing in the system, the must . fund basic educational need includingof ital construgh _n of facilities. [Article VII, Section 1 of the Alaska State Constitution states that "The legislature shall by general law establish and maintain a system of public schools open to all children to the State...." While this constitutional provision has never been judicially interpreted in Alaska, it is the position of ANIL that the framers of Alaska's education establishment clause intended education to be a fundamental constitutional right of a school -age child. [The constitutional framers' elevation of education as a fundamental constitutional right means that the ,State has a paramount duty to fully fund the basic educational program. The funding of basic educational need must take place on a fair and equitable basis and avoid disparate impacts among various districts based upon the wealth and taxing ability of the district or upon how powerful that particular district's legislator happens to be. Only recently the State has begun to recognize its duty to fully fund basic educational need and has eliminated some disparities in educational funding with the passage of House Bill 126. Even though House Bill 126 appears to have eiminated some constitutional disparities, components of the funding formula require further analysis. For example, the formula contains a four -mill -equivalency local effort requirement for education with an optional two -mill -equivalency local effort. Alternatively, a local government may increase local effort up to the product of 21 percent of instructional unit value (IU = $60,000) times the number of approved instructional units and the area cost differential. The additional two -mill -equivalency option and the alternative 21 percent option may cause impermissible disparities in the amount of educational funding a district receives from the State. [The geographic differential component of the formula must be examined to ensure that the funding for basic education for a district is tailored to the actual cost of providing the educational services necessary for the State to fulfill its constitutional duty to establish and maintain a system of public schools open to all children of the State. Finally, the vocational, special education, and bilingual programs, which generate additional instructional units and additional funding for a district, must be examined to ensure the cost of the program is related to the actual service provided by the district. [Another component of basic educational need is the cost of capital construction. During the "boom" years many municipalities were required to incur significant amounts of bonded indebtedness in order to provide for the basic educational needs of the expanding population of school -age children. To assist those municipalities, the State Draft 1990 Policy Statement 23 Education adopted a program of bonded debt reimbursement. The program reimburses a municipality for a percentage of the bonded indebtedness it incurred to build schools and related facilities. The reimbursement program is subject to Wgielative appropriation and may cause a significant fiscal impact to municipalities based upon the level of reimbursement authorized by the Legislature. (It is AIi►1iL's position that basic educational need includes both the operational and capital construction components of the educational system. In order to meet the State's paramount duty and fundamental constitutional obligation to provide children with an education, the Legislature and the Department of Education should work in tandem to develop a constitutionally sufficient methodology to provide for the basic educational need of school age children.] 2. ftsic Educational NNW. The Legislature should establish a definition of basic education and an equitable funding formula that ensures basic education Is provided. Defining basic education Is the key to development of a fair formula for state funding of education. The development of this formula should involve the munlclpalMes or districts that must fund the local shore of education. [The State of Alaska has never defined what constitutes basic educational need. Presently Representative Larson and Senator Binkley are jointly administering a $170,000 study in an attempt to define the cost of providing basic education in Alaska. Previously, the officially set cost of providing a basic education was based upon a study involving cost of living differences in various localities throughout the State for state employees. Using this type of study to establish basic educational need provides inaccurate criteria from which to draw firm conclusions relative to the cost of education. In determining what constitutes basic educational need, the Legislature and the Department of Education should consider guidelines concerning:] Basic educational need _includes, but is not limited to, the following,: a) Employment of instructional and classified staff; b) Staffing ratios and salaries; c) Individualization of instruction to the handicapped and gifted d) Recognition of unique demographic and geographic demands; e) Local control; f) Support services; g) .Capital construction costs; and h� Criteria establishing special school design. Draft 1990 Policy Statement 24 Education 3. LOW Ajidommy to Provide Funding: Full funding should not Inhibit the rights of lotel governim to suplement sbrte or fed+erai funding or to adm local schwhL AML supports the right of local government to supplement state or federal funding; however, it recognizes that educational revenue raised through local effort measured by a municipality's assessed valuation may result in discrimination among children of various school districts since the education they receive will be based upon an impermissible wealth classification. Therefore, any school funding formula authorizing local foundation funding supplementation must operate to eliminate wealth disparities among districts. [4. Forward Funding: The League strongly supports the use of forward funding to provide for baslc education In order to provide stability in the Ong process and in so" the m6i rate. The 1987 legislative session considered a number of bills labeling themselves forward funding balls. The so-called "Forward funding bills" operate to assist a school district in developing certainty in budgeting prior to the adjournment of the legislative session. However, a true forward funding bill would require the establishment of a yearly pool dedicating a sum of money equal to the sum required to fund school district budgets and invoking a mechanism to insure the integrity of that fund. Presently, any forward funding or early funding bill is subject to legislative appropriation, which may or may not be forthcoming.] 4[6]. reduction in Force of T*(Mrenured Teachers,: The League supports legislation that Mows local school districts to have a reduction in force of teachers (tenured and non -tenured) when either student enrolknent decreases or funding Is reduced. Title 14 of the Alaska Statutes provides that a school district may only reduce its teaching staff in the event of a decline in student enrollment. While a decline in student enrollment may lessen the necessity for teachers, a district should have the authority to reduce its teaching force in the event of a funding shortfall based upon a decline in federal, state, or local revenues. This approach provides a practical and logical solution to fiscal problems resulting from the uncertainty of furx ing of a school district. [6. Community Schools:] (moved to Part ll, C.1) [7. Early Childhood Education:] (moved to Part Il, C.2) 118]. Bonded Indebtedness: Draft 1990 Policy Statement 25 Education a. If the need arises to reduce the liability of the State for reimbursement of new school debt under the current reirprogram, the reimbursement ratio should be adfusted. Neither a statewide limit on total reimbursement obligation nor other limits not related to local needs or the wiviirvw @Mai of the municipality to beer Its share of the debt burden should be used. In the past, a proposal was made to place an absolute limit on the total state liability for new school debt reimbursement obligabons. This proposal was the product of a perceived need to limit the She's obligation for such reimbursements in order to protect the 's band rating, even though these are municipal bonds rather than state bonds and the reimbursement is always. subject to aMopriabon each year. The past proposals would have established the maximum total obligation that would be undertaken by the State to all municipalities, would have required all school debt be issued for a ten-year term with level principal payments and focused almost exclusively on the Slate's perception of its needs when addressing the bond market. It did not, in any way, address the effect of such caps on the ability of Alaska to meet its educational needs. In addition, it did not address the inequity of the different treatment that would be received by the last municipality to get under the cap for reimbursement and the next municipality in fine, which would be rejected and would have to bear the entire cost of its debt service for school construction. There is a substantial question whether the bond market sees the ongoing obligation of the State to reimburse new municipal school debt as a detriment to the State's credit rating. In any event, while the League may oppose any additional restrictions or cutbacks in the school debt reimbursement program, if the Legislature determines that it must reduce the State's fiscal burden arising out of school debt reimbursement obligations, the Legislature should reduce the reimbursement percentage for future bonds so that all municipalities will be treated equally in the future. b. The League supports placing a proposition on the ballot for a [the next] statewide general election that would enable the State of Alaska to sell Its general obligation bonds to refinance all existing municipal school debt. The League recognizes that there may be present or future benefit to the State in having flexibility to restructure existing school debt. A ballot proposition would provide that flexibility if passed by the voters. c. The Legislature must clearly establish the types of structures eligible for reimbursement. This requires defined standards and criteria for determining eligibility. Only such regulations as are necessary to carry out the legisladve program should be adopted, and the statutes should clearly define the line on regulations so as to prevent Inadvertent *iteration of the legislatively established program. Draft 1990 Policy Statement 26 Education d. The League opposes any effort by the State to reduce school debt reimbuirsoment 11hrough deduction of Interest earned on school bond proceeds. e. The League urges the Legislature to fully fund the school debt reimbursement program at the levels provided by statute. i.' ".�. ' "� � i t 1._.�'2 ! � Fi.�. � .[ : �S i *.a' L'_= :�.�" ;� .l � _, •1 " �'i 1. s. '.�' [Should the Shft deep a schoolluctlarn PW P"VM, pe%s of that program shotft be applled eqL*ft to all school construction.] Priorlltlea h a RM=m should be am by the Alasks Department of Education, and a policy to fund e4sting school debt at full endtlement should be established. 7. Ungual Education: The League supports the full utilization for bilingual education programs of funds generated by school districts through the bilingual component of the foundation formula. (moved from Part 11, D) Funding to preserve bilingual education acts to preserve the rich cultural diversity of Alaska. The full utilization of bilingual funds generated by the foundation formula serves to enhance the unique quality of the Alaska education system. [10. P29-S-ocondary Education:] (moved to Part II, C.3) B. ASSEMBLY/COUNCIL-SCHOOL BOARD ROLES [RELATIONSHIPS] The League supports legislation to clarify assembly/council-school board roles [relationships,] and it opposes legislation [which] that would diminish assembly/council authority in education matters. The reasoning behind this statement is that the assembly/council has the ultimate financial responsibility to the taxpayers as the only local governing body with the authority to levy taxes. With this authority come responsibility and accountability to the voters and taxpayers of the municipality. To diminish the authority of the local governing body in any way weakens the important direct relationship between the elected body and the taxpayer. C. STATE POLICIES AFFECTING LOCAL COMMUNITIES 1. Community Schools: The League recognizes the importance of community schools and supports adequate funning for the program. (moved from Part II, A.6) Draft 1990 Policy Statement 27 Education Community schools provide an integral link between the community and its citizens by promoting the advancement and development of learning and skills for citizens in school districts. Community schools are grassroots education in its purest sense and must be funded to insure a well-rounded curriculum for all segments of a school district's population. 2. Early Childhood Education: The League recognizes the Importance of early chime education and supports adequate funding for the development, regulation, and Iitenanpe of standards for preschool early childhood education programs. (moved from Part II, A.7) 3. Post -Secondary Education: The League urges the Legislature to provide adequate capital and operational funding needed by the University of Alaska to bring all of its campuses to an adequate level of support and to aid the University in fully meeting the quality higher education needs of the State of Alaska. The League also encourage* the Legislatiurs to mahstain maximum possible funding for the silent loan program. (moved from Part II, A.10) [C. UBRARIES AND MUSEUMS] (moved to Part I, A.8) [D. BILINGUAL EDUCATION] (moved to Part II, A.7) si 1. PUBLIC SAFETY A. FINANCIAL IMPACT 1[2]. Ltftftn Costs: The League recommends that costs associated with prisoner care and prisoner transportation be borne by the State. When a municipal polies offlk*r makes an arrest for a violation of a state law, the State should assume the legal and financial responsibility for the prisoner as soon as the prisoner Is Incarcerate. The State has not been picking up the full cost of detaining prisoners charged with state offenses, which has caused economic burdens for local governments. 2[3]. Deftntiion Cost Eoualization: The League urges the State of Alaska to equalize the cost of detention that Is billed to municipalities for prisoners held In the various state detention facilities. Different contract jails have been receiving different amounts per day per prisoner because each contract was individually negotiated. [4. Financial Imp ct: The League supports financial assistance for programs Impacted by mandatory services, enforcement, referral, or sentencing.] [5. Public Defenders:] (moved to Part III, F.2) [6. V.P.S.O. Program:] (moved to Part III, F.9) 28 Draft 1990 Policy Statement 29 H. TRAINING Public Safety The League urges the Legislature to assure, through state assistance, that local full-time and volunteer police, fire, emergency medical, and other emergency preparedness personnel throughout the State have access to adequate facilities and program resources for tracing. Further, the League endorses public fire education and arson ine+esti n, the Village Public Safety Officers training pragram, the Police Standards Council, and training of police in Investigation of domestic violence and adult and child sexual abuse. C. JUDICIAL [COURT] SYSTEM [2. Judicial Presence:] The League supports the funding of a judicial system that would assure the presence of sufficient judicial officers and facilities in each community. [in the State when the need ariimm.] Either circuit court riders or magistrates in each community would help to expedite justice. [1. Use of Television Facillitles:] (moved to Part III, F.3) [D. STATE ASSISTANCE [1. Emergency ] (moved to Part 111, F.4) [2. Fire-Fi g FM :] (moved to Part III, F.5) [3. Substance a Ca cling:] (moved to Part 111, F.6) [4. Substance Abuse, Domestic Violence, and Adult and Child Sexual Assault:] (moved to Part III, F.7) [5. Suicide Prevention:] (moved to Part III, F.S) 2[E]. HAZARDOUS MATERIALS REPORT The League continues to support legislation that would require persons who handle toxic materials In any manner or own property upon which toxic materials are found within a municipality to provide a full report of the presence *i� 1 ZINEIRAL I A OT' , .1 rIf--I 1'. 75. 1 It i � n�..! 77 7 TIT! ! TT wNuj"NI A wimy ut %gymmon votunia-erg. i no wague 3u civil liabllftv of vaiuntears workinn to nrm 1:1A #IP: %AVA*Y, T I T am 2h reta Draft 1990 Policy Statement 31 Public Safety The decision of the Alaska Supreme Court in Busby v. Municipality of Anchorage, which interpreted the intent of the Alaska Legislature in enacting AS 47.37.170 (b), judicially created a duty to take persons incapac led by alcohol into custody. The effect of this decision has been that municipalities with police powers have been forced to pick up all persons who appear to be incapacitated and put them in a treatment facility, where possible, or in state or municipal odrrectional facilities. This has been quite expensive for local governments and has re red a commkmrrt of already limited public safety resources that Alaska's municipalities can ill afford. The League believes the legislative intent was not to create such a duty for municipalities in enforcing state. law, a duty which burdens municipalities with an obligation they are neither equipped nor fairly required to meet. Therefore, the League supports legislation that would remove any such implied liability. [F. INSURANCE The League urges the Legislature to review the insurance industry and tort systems and to make necessary changes for a viable municipal Insurance system.] [G. MARIJUANA] (moved to Part III, F.10) F. STATES POUClES AFFECTING LOCAL f,, COMMUNITIES I. She Public Saft Resuonslbliity: The League strongly urges the Legislature to provide funding for the Department of Public Safety so that an adequate Ievsl of services can be maintained startoWds. (moved from Part III, A.1) 2. [public Defenders:] Criminal Defense Costs: The League recommends that the State resume full financial responsibility for the Public Defender Agency so that all eltizens may receive the full benefit of their state and federal constitutional rights. (moved from Part lit, A.5) The State should pick ur) legal defense costs [is now requiring many municipalities to pick up legal expenses] for indigent defendants [people] who are charged with serious (municipal] offenses. Draft 1990 Policy Statement 32 Public Safety 3. of TaWMiN F : The League encourages the court system to make maaftwn use of IskAdelon facilities aural adow t-slr'.h1wi tedumques for armigm"ent, Wand ►, arull s' court *nr a to rgiiesee the bu"den on highly trained public s 4dy pwoormel. (moved from Part III, C.1) Local police are required to attend court -related activities, which is a fiscal burden on municipalities that must provide street cover for the officer who is in court or, in some communities, go without any street cover at all when such a situation occurs. 4. Imorg2m Man : The League supports state and federal funding of chO defense and enorgemy preparedness activities. (moved flrom Part ill, D.1) 5. EJK2 Fig Dg ggui2 : The League supports state assistance for basic fire-fig"fire-fig"Og equipment for small Alaska cities and fire service districts. (moved from Part III, D.2) 6. SI&Mnce Abuse Counseling: The League encourages state funding of positions for counseling on drug and alcohol program, particularly In conjunction with the eai**V juivenile probation system. (moved from Part III, D.3) 7. Assault: abuse RIMODW1 arm. [^t supports the entarownent of the domestic violence sections of TM* 25, Marital and Domeft ReWous (AS 2&35.010 -. ) in all parts of the State as a public safety priority.] (moved from Part III, D.4) The League recognizes the serious individual and public safety problems that exist in all communities in Alaska as a result of substance abuse, domestic violence, and adult and child sexual assault. & idc a Prevention The League supports continued state development and support of community -based suicide prevention programs. (moved from Part III, D.5) 9. V ,.S.O. Program: The League strongly urges the Legislature to continue adequate funding for the Village Public Safety Officer Program. [and to provide a means of further career development In V.P.S.O.'s into higher forms of law enforcement.] (moved from Part III, A.3) Some communities in the State are without any type of public safety enforcement official and the V.P.S.© program helps to fill that void. ,, , , Draft 1990 Policy Statement 33 Public Safety 10. M rdijan,a: The League urges the Legislature and Alaska Supreme Court to take Immedlate steps to repeal statutory and constitutional protections for the use and possession of mar*sww in the of Alaska In order to promote the general health, welfare, and pule safety of the citizens of the State of Alaska. (moved from Part III, G) PART IV LAND USE [AND RESOURCES] A. LOCAL OPTIONS 1. Planning and Zoning: The League feels strongly that laws pertaining to the powers of local planning and zoning must allow for the greatest flexibility at the local level. 2. Landg: The League supports the requirement that the State end federal gpM►,gl,Ant comply with all local land use and subdhdolon regulations. In the karat, when the State and the federal government have diseased of land, they have not always comaiied with local land use or subdivision reguirements. They should be required to do so. B. LAND SELECTION 1. Easements: The League supports the 2M policy of preserving needed and specific rights -of -gray and eaesments that provide for presarnt and future public access to pwbk waterways and resources within municipal selections, with the concurrence of affected municipallitles. When Aar ntng municil2al entitlements, the State of Alaska should be in concert with the provideto public waftrways that vAll of the most bent to the, general public. 2. Conveyance and Land Use: a. The League urges the immediate conveyance to munlci la itiee of Native and state lands presently identlfled and jointly agreed upon for selection. 34 Draft 1990 Policy Statement 35 Land Use b. The League urges the Slats to move expeditiously to complete in - lieu, cash enenta, to om"y kwxb to m-"WIN" IN" with the = keg amount of encumbrance and melon, and to toke uohaftver actions are necessary to correct existing lnoquttlos and overcome all remaining Wiles to fuWMn, g land entitlements, so that all murkipaillks may receive their entitled share. c. As a stimulus to local governments and as a means to more effectively place the initiative for economic development at the local government level, the League urges the State of Alaska to car to lanai government units subsurface rights to lands already conveyed and to make simultaneous conveyerress on future land transfers. d. The League urges state funding of a cooperative inter- governmental land use planning commission to expedite conveyance of lands not yet jointly agreed upon by considering municipal, state, and federal interests in lands alerted by the land selection process. e. The League urges immediate state funding for the surveying of municipally selected state land. [f. The League urges the modification of regulations for the disposal of municipal grant land satin. for greater flexibility in the use of grant funds by municipalities.] #[9). The League supports the efforts of the Department of Community and Reiglorai Affairs to assist communities In preparing for land selections pursuant to Section 14, paragraph c, 3 of ANCSA. [h. The League urges the State of Alaska to convey fee simple title to lands conveyed in agricultural disposals with adequate protection of the agrict lk" use.) - [3. Land @ank Program: If the State of Alaska passes legislation adopting a state -administered land bank program, the League supports full participation of affeciled munia6 ail I land bank negotiations and a requirement that no land bank agrownsi nt may be made without agreement of the affected participating municipality.] C. HISTORIC AND RECREATION SITES 1. Monuments and Historic Sites: The League supports continuation of a state matci grant program and funding for aMa+quisition, maintenance, and rehaidiltrtion of monuments, historic sites, and ri ei-ofwwlry. Draft 1990 Policy Statement 36 Land Use • • :jlfa a1 w d;ra ai-i a - [2. Recreational OQnortunities:] (moved to Part IV, 1.1) D. COASTAL MANAGEMENT 1. focal Co rol: The League supports continued and maximum local control in the development, management, and implementation of coastal planning and policies. 2. Age ev w of Local District Pr rams: The League auonorts legigildign thol,wjgid , r2guire ail [AEI] state and federal agency comments and recommendations to [must] be made within 60 days [expeditlously] by these agenclea prior to local government conceptual approval of the district plan or any significant amendments to approved plans. 3. Qntal ss ing: The League encourages the State to pursue oil, gas, tideland, and mineral leasing activity in a cosstal area in a manner consistent with local coastal management plans or other local planning efforts. 4. F,1nsng18l S RRO: The League strongly supports a firm financial commitment to tho Alooks Coastal Management Program and akocadon of [that] a larger portion of state and federal funds [be al4ocated] to Iocal government efforts. S. Eral oval: The League urges the State of Alaska to aggressively support local coastal management programs during the review and approval of the programs by the federal government. 6. Notice and ARINoval: The League urges the State of Alaska and the federal government to provi to reasonable notice of changes and jS [aggressively] review [and process approval of] submitted plans and proposed amend. [of existing plans.] E. SUBDIVISIONS 1. proof of Anroyalal: The League supports Ieglslation that would require proof of approval by local plaiting authorities prior to the filling of an Draft 1990 Policy Statement 37 Land Use Instrument cbMUM9, the bMMOSO s of Blojh1that would change the boundaries of land,] Inefod sae filed or onkred by the State, by the District Recorder's Office. Subdivision of land is a major factor in community development, creating patterns which have long-lasting effects. Although present legislation clearly recognizes the need for regulation of subdivisions, the means of enforcement are inadequate. (moved from bold section above) L@OhWon that rltgui es th individuals and the State of Alaska to file aM n w subdbkons y& the Datrict Rworder's Office, When a new subdivision is filed, the District order's Office mkt agft the imgacled municigalfty. F. STATE LAND DISPOSAL 1. Im ro ovemept Funding: The League supports a cooperative effort by the State and munleipagti+es to dispose of road -accessible and remote land In a continuous and orderly manner. The League also supports state funding for [to provide] planning grants, [for] necessary access roads, [for] survey of land scheduled for disposal, [for] state, borough, and city subdivision roads, [for] sewers and utilities to most local subdivision improvement ordinances, and [for] expanded dissemination of land disposal information. 2. Mandated Programs: The mandated program regarding disposal timing, size, or use. League continues to oppose any state - of municipally selected land relative to 3. C0mR1i8nce with MuniciRgi Planning: The League supports state legislation or administrative policy that would require state land disposals to recognize local planning efforts and their Implementation tools. 4. Construction of RR #gas -of -Way: The League supports state funding for [of] cortstruofion of road as required by local ordinances on dedicated rights - of -way In stM a subdie#sions that have been [or are in the process of being,] disposed of or are in the disposal process. 5. Compliance with Existing Roads and Rights -of -Way: The League supports state legislation or administrative policy that would require state land disposal.q to recognize existing or planned roads, trails, and rights -of -way by means of right-of-way dedication. S. Land Entitlements: The League calls upon the Governor and the Alaska Department of Natural Resources to take 111212 ,rpriate action [whatever Draft 1990 Policy Statement 38 Land Use actions are necessary) to correct existing inequities and overcome any and all remaining obstacles to fadf " lend entlitlemeft for all municipandes. G. SHARED GEOGRAPHICAL DATA Computer -based geographical information systems should be coordinated and standardized to allow the sharing of data between state and local agencies. H. [81 COOPERATIVE PLANNING The League recognizes that many of the State's most valuable resource lands are already under private control through graining claime, leases, and conveyances pursuant to the Alaska Native Chins Selliftment Act. Thus, in furthering its goals of both resource developer and the pmtectlon of Alaska's environment, the League urges 1, cooperaWn plainning by the State, municipalities, and appropriate prkv% part, including Alaska Native Corporations. [H. STATE LAND USE] [1. Farmland Prue, atom] (moved to Part Vill, D.3) [2. Woodi ts:] (moved to Part Vill, D.3) [I. NATURAL RESOURCES] [I. Development:] (moved to Part Vill, C.3) [2. Minerals: The League supports private development of state-owned minerals and urges the *We odradnistradon to cooperate by knibudng a mop permit procedure and adopting water quality stand aids that do not mire discharge water to be of higher quality than the stream from which it was taken.] [3. Timber:] (moved to Part Vill, D.3) [4. Energy Efficiency:] a. (moved to Part VI, C) [b. The League urges regionalized studies by the State for development and changes in model building codes to be kept u,p,.to-date with Draft 1990 Policy Statement 39 Land Use emphasis on proper planning, high quality workmanship, and maximum energy efflclency.] [5. ubsiMnce:] (moved to Part IV, 1.2) [6. Waste Dls:] a. (moved to Part VIII, D.5) b. (moved to part VI, A.6) [7. Full Utilization of Resources:] (moved to Part VIII, D.5) k 1. ftrestional Op{�ortunities: (moved from Part IV, C.2) a. The League strongly supports improved development and maintenance of state-owned accessible parks, recreation areas, and trails. Since many of Alaska's cldzens recreate outside of the local jurisdictions in which they reside, the League urges the State to exercise Its responsibility to provide a broad spectrum of recreation opportunities for all Alaskans. b. The League urges the State, in exercising its responsibility to provide recreation opportunities, to Rio so with the concurrence of the local governments most directly impacted. When the Stige .Qroposed the -development of new recreational faciftes, it should work 2. SM"M ce: The League supports legislation which provides fair and equitabie d" to all suibsistencs users. (moved from Part IV, 1.5) PART V TRANSPORTATION, DOCKS, AND PORTS A. MUNICIPAL INVOLVEMENT IN TRANSPORTATION PLANNING [1. Rllghts-of-Way►:] (moved to Part V, E.1) [2. TranMrtatlon Systems: The League continues to support statewide Planning for an int OO d state transportation syetern comprised of air, marine, and surface components.] [3. Munici i Inyoly ent:] State transportation plan, including gjL sad aurfte c , [Port and harbor fY plans,] should be prepared' and deetopecf In with municipal --plans and municipal transportation priorities. The State's plans for transportation systems must have erect municipal involvement if they are to be effective and not counter -pry, working at cross purposes with municipal plans. Coordinated planning can help avoid waste of local resources. B. SURFACE TRANSPORTATION [1. Railroad System:] (one sentence moved to Part V, B.2; remainder moved to Part V, EA) 40 Draft 1990 Policy Statement 41 Transportation, Docks, and Ports 1. Costs of Railroad Crossings. The Alaska Municipal League supports legislation that would reduce costs to municipalities assessed by the Alaska Railroad for maiintenance, operaMms and perrmitlllng of public rid crossings. 2. Local Service Roads I'Mighwayll and Trails: The League supports funding , [and Implementation of a scheduled maintenance program for the state rood > sy*Mm atnd . s e trall sue]for the LMI.SeryWe R191jd-* and Trails AM - The State seems to have an inconsistent plan with respect to regular maintenance of roads and trails. As evidence of this, funding levels for the Local Service Roads and Trails program has varied widely over the years. [3. Mass Transit:] (moved to Part V, E.6) [4. Trail Marking:] (moved to Part V, E.3) 2[5]. Transfer of Maintenance Reponsi ill yi : The League opposes the transfer of responsWIlity for road maintenance from the State to a municipality unless requested by that municipality. This reflects a response to the state effort to shift road maintenance responsibility on state roads to municipalities without transferring any funds for that maintenance. C. AIR TRANSPORTATION [1. Construction Assistance:] (moved to Part V, E.7) [2. Maintenance:] (moved to Part V, E.8) [3. Air Service:] (moved to Part V, E.9) 1.[4.] Transfer of Land for Municipal Aire; jLand Transfer:] The League supports transfer to municipalities of federal and state lands to provide for needed construction and expansion of municipal airport facililIes and operations. Where municipal airports exist, much of the land is controlled by federal and/or state governments, which makes it difficult to plan for expansion. [.5 Airl2ort Safetv:] (moved to Part V, E.10) Draft 1990 Policy Statement 42 Transportation, Docks, and Ports D. MAMNE TRANSPORTATION [1. F"Inslan o1. the Alaska Marine Hl wav:] (moved to Part V, E.11) [2. clan ig es ink , MLion:] (moved to Part V, E.12, 13) .1:[3]. The League supports such modifications of the Jones Act as would benefit Aklalkan nic alp ities [the State of Alaska]. &[4]. JbiRRIng Qo riid2 rs: The League requests that the State of Alaska support the designation of mandatory shipping corridors within Alaskan waters when commercial fishing areas are affected and whenever local communities request such mandatory shipping corridors. I[S]. Land Acgulsition: The League supports transfer to municipalities of federal and state lands to provide for needed expansion for development of municipal port facilities and operations. Several communities are trying to foster economic development with the establishment of ports and on -shore processing facilities. The federal and state governments own much of the land adjacent to the tidelands that would be appropriate for such uses. [6. Eggal Status, is:] (moved to Part V, E.14) 4[7]. Marine Maintenance: The League urges that all State of Alaska agencies responsible for marine vessels develop, adopt, and use purchasing and contracting procedures ft [which] ensure that munlcIRMMy or Rrivaely owned in- state, marine repair -related businesses have an economic pdotft on all state vessel construction, maintenance, and repair work .to the extent legally possible. Ketchikan and Seward, among others, have had a keen interest to keeping work on state ferries in Alaska instead of sending vessels needing repair to Washington State and points south. Both communities now have facilities adequate for repairing the ferries. S[8]. MMnIGIR11 ftall Soat Harbors: The League opposes any withdrawal by the State from its responsibility for the construction, rehabilitation, and major repair of munI9,1011 [small) boat harbors. 1. Rights -of -Wary: The League supports the identification of adequate Draft 1990 Policy Statement 43 Transportation, Docks, and Ports corridors for public access and early acquisition of adequate rights -of- way. (moved from Part V, A.1) 2. dt .17 6 77i . 4 The League s ports funding w►rwwtrarr ivwr � Nor. J�� V1r.L..�.�.. 3. Trail Marking: The League urges that a program of uniform permmm ent trail marking and annual winter troll staking be established and funded by the State. (moved' from Part V, B.4) The State has had an inconsistent policy regarding the funding of trail staking. This is important to citizens of rural and remote areas, who rely on trail markers for basic transportation navigation. 4. R111Iroad S tem: The League supports improvement and expansion of the railroad system to provide regular and reliable service at a reasonable charge to hM serge all areas of Alaska [better]. [Expansion and improvements Include, buts art: not limited to, system extension to add-Monsi tidewater ports and linking the State of 'Alaska with Canadian rail fames.] (moved from Part V., B.1) If the Alaska Railroad were to be purchased and privatized, in accordance with the directives of the at!Ae authorizing its purchase there would be no state agency with the authgrity togyeMeits operations nd protect r dbelt communities. Thus a need is seen for a legal document stating the rights of citizens in the railbelt area -and the responibilitls Qjf the railroad At the present time, the operation of the railroad is 6. Mass Transit: The League supports funding and development of cost-effective mass transit systems. (moved from Part V, B.3) 7. Airport Construction Assistance: The League supports an equitable approach to state construction assistance for all public airports and the concept of continued expansion and upgrading of airports, airport fames, and air navigational aids in Alaska. The Federal Aviation Trust Fund should be explored as a funding source for these projects. (moved from Part V, C.1) Draft 1990 Policy Statement 44 Transportation, Docks, and Ports Because of the geographic diversity of the Alaska, almost all areas of the state need public airport facilities. These facilities require direct state funding can a long-term continuing basis, just as highways and other public transportation systems do. & Airport Malftnance: The League supports the adequate funding and maintenance of airports, include dust control measures when appropriate. (moved from Part V, C.2) 9. Air j : The League strongly recommends that the State of Alaska work to maintain the current level of essential air service with appropriate federal funding. (moved from Part V, C.3) 10. Airport Safe The League urges expeditious funding of projects that eliminate airport hazards or Increase airport safety. The League also encourages the State to explore the development of an emergency air strip system throughout Naska. (moved from Part V, C.5) 11. C,,.ca Msiionnof the Alamo, Mane Highway: The League supports legislation than will expand the Alaska Marine Highway to central and western Alaska and Improve transportation to tie the central Alaska ports to the Aleutian and southeastern ports. [The League further supports the expeditious procurement and/or contracting of a number of appropriate oceangoing vessels to accomplish the expansion of the Alaska Marine Highway System. The Alaska Municipal League supports the planning and study of new regional ferry system to serve communities sharing common water routes.] (moved from Part V, D.1) 12. Efficiencies In Operation of Marine Highway System: The League supports efforts to provide efficiencies in the operation of the Alaska Marine Highway System, providing these efficiencies are based on publicly available economic and technical data. However, the League strongly objects to any reduction in existing marine highway systems. (moved from Part V, D.2} 13. Econ Mic ImR@9J of Marine Highway SMg2m: The League strongly urges that an economic Impact analysis be conducted and that a report on the findings and conclusions as well as community input be required prior to establishing marine highway rates, schedules, and operational changes. The League requests that public input for studies affecting the operation of the Alaska Marine Highway System be solicited on a statewide basis. (moved from Part V, D.2) 14. ggyal Stiltus Bad: The League supports inclusion of the Alaska Marine Highway System on an equal basis with other state road and highway systems, transportation planning efforts, and funding. (moved from Part V, D.6) PART V1 1 ._N a •IZ _ A. Tu ILITY REGULATION 1. AWka Public Utiillfies Commission.: The League supports the current statutory exemptlons that aflo w *awAdW utMes io operate In the best Interest of the consumer public w on by the APUC. 2. Acgulsition: In order to eliminate service area conflicts between municipalities and utilities, the League supports legislation W [which] would aillow murklpMfts to acquire the fadof a UWIY under specific terms that would fairty cornpensat+e the uipity►. 3. Utlii#v Relocation Costs: The League opposes any effort to shift to municipalities the cost of utility relocations associated with municipal public works projects. [4. ADEC Role in Water Qualy Standards:] (moved to Part VI, D.1) i ` a..1I wait . J ,. � � X•.1.' i:.:: i! " !� .;.^ i' r: & :�.:.' � 1 �W�.�.:rJ �. ;.li` '! `.; •a"a...a mid waste collection and transport are essentially freight hauling issues and there is no need for APUC regulation If regulation is needed local governm nt can -focus on the no-eds at a it�l level AS 29 35 060b should be repealed to make this deregulation coml a and effective. S. WAiste Disgosal Sites: The League encourages the State to hold local area public hearings concerning waste disposal sites and their locations. (moved from Part IV, 1.6b) B. FUNDING ASSISTANCE FOR UTILITIES 1. Construction Grant Pagrem: The League strongly endorses the concept of the State's paying at least 50 percent of the cost of sewage systems, 45 Draft 1990 Policy Statement 46 Utilities & Environment auxiliary equipment, solid waste facilities, and water systems constructed by municipefto under the State of Alaska Construction Grant Program. The League strongly supports appropriation levels to moot statewide needs. 2. Village $, L2 Wl Wr erggram: The League strongly supports continuation of the Village Sew WYBr Program of the Department of Environmental Conservation. The Lease endorses the concept of state technical and financial assistance to rural communities to Improve the most basic sanitation facilities. The League supports an appropriation level to meet the statewide needs of rural Alaskan communities. 3. ids Assessments: The League strongly urges the State, through the D"wbnoM of Envit" Conservation, to assess the needs of communitlos for adequate and 'qp ► water, waste water treatment, and solid and hazardous waste disposal faciil, including the need for operator training and assistance with faeiiity mointonionce. 4. UW W , 2 BoMetion„Er29MM: The League supports funding and implementation of statewide sold waste reduction programs, e.g., recycling, litter reduction, waste oil recycling, etc., to be devoloRgd and orKated in conjunction with munggiRal governments. S. Grants and Loans for rvices: The League supports increased funding that would make direct grants and/or low -interest loans available to the various essential utilities in the State so they may meet the needs of the citizens served by the utilities. 6. Grggt and Loans !qr Ep2Mj Sources: The League supports the concept of direct grants and low -interest loans to muunicigg from state funds for the construction of converMonai and alternative energy sources, so that rages paid by the Alaska consumer for these necessary services may, be set at a reasonable level. 7. Public Landfill: The League supports the concept of state -established public Landfill sites where no alternate sites exist to serve local and regional needs of =Wl communities which are currently bowing a considerable burden by complying with federal and state environmental regulations. S. Lew -interest Revolving Loan Fund fgr WastymW Treatment Projects: The League supports the revolving loan fund for wastewater treatment related construction and urges the Legislature to appropriate the Stow's 20 percent share of this fund. Draft 1990 Policy Statement 47 Utilities & Environment The 1988 Legislature created the Alaska Clean Water Fund, a revolving loan fund to provide project financing at a low interest rate for water and wastewater projects. One portion of this fund provides a 20 peroent state match for federal money available under the terms of the Clean Water Act for wastewater treatment projects. A separate fund, the "State Funded Account," woufd provide 100 percent project financing at a low interest rate for both water and wastewater projects. No funds were appropriated by the 1988 Legislature for this State account. At its 1988 Annual Meeting, the AML adopted Resolution 89-31 supporting funding for the State Funded Account, which would male funds available at considerably lower rates than bond market funds to the communities in need. The account will be a self-perpetuating source of funds for water and wastewater projects in the State. 9. Power Cost Equalization: The League supports a power cost equalization program which maximizes the benefita to ratepayers, including muiftipai governments« but recognizes the need to oralluate Incentives for energy conservation. The Power Cost Equalization Program is a lifeline for most rural electric consumers, who are faced with electric cost averaging more than .40 cents a kilowatt hour, ten times the cost in Anchorage. C. ENERGY EFFICIENCY (moved from Part IV, 1.4a) The League urges the federal government, the State of Alaska, and tQMI governnmts [League members] to design, construct, and use thelrfacilitles wwlttt an emphasis on energy efficiency, as part of life cycle cost considerations. D. STATE AND FEDERAL POLICIES AFFECTING LOCAL COMMUNITIES 1. ADEC Role in Water Quality Standards: The League urges the Legislature to adapt legislation authorizing and funding the Department of Environmental Conservation to seek delegation of the National Pollutant Discharge Elimination System (NPDES) Program, which is now under the jurisdiction of the U.S. Environmental Protection Agency. (moved from Part VI, A.4) [PART VII MUNICIPAL ELECTIONS] NOTE: This whole section was moved to the new Part VII, Local Government Powers, and amended. [A. REGISTRATION B. LOCAL FINANCIAL DISCLOSURE LAW C. REGISTRATION OF VOTERS D. QUALIFICATION FOR ELECTIVE OFFICE E. INITIATIVE, REFERENDUM, AND RECALL PART I11111 [V111] LOCAL GOVERNMENT POWERS A. LOCAL AUTONOMY 1. Sftgctiym and Indeandent LqSal QqyKnme The League supports legislation that would promote more eff4ecrtive and Independent local government In all organized boroughs and cities and opposes any legislation that unduly rests cts local government operations. The League opposes all repetitive and unnecessary regulation by state agencies. Such over -regulation serves no purpose and results In confusion and increased cost to the public. Article X of the Alaska Constitution sets out as its purpose the provision of "maximum local self-government with a minimum of local government units." Section 1 goes on to state that "a liberal construction shall be given to the powers of local government units." Section 11 of Article X allows home rule boroughs and cities to "exercise all legislative powers not prohibited by law or by charter." Clearly the State's constitution recognizes the need to provide the greatest amount of autonomy and flexibility to local governments because of the diversity of needs and local government demands in Alaska. There are numerous examples of federal mandates and programs (housing, sewage and water systems, etc.) that simply do not work in this environment. Similarly, state regulations that restrict the ability of local governments to meet the needs of their people end up being counter -productive. Local governments are the best forum for assessing needs and devising solutions. 2. Lobbying: The League supports the continued exemption of municipal officials and employees from the lobbying reporting requirements under the Lobbying sections of Title 24, the Legislative Code (AS 24.45). Municipal officials and employees are representatives of their constituents. They are elected and appointed officials who serve in the public policy arena and serve the same people as legislators and their staffs. Local officials strive to influence legislation in a much different way as they advocate for positions and projects that have been created 49 Draft 1990 Policy Statement 50 Local Government Powers in an open, democratically based process. It would be inappropriate to classify the efforts of citizen council and assembly members and their staffs in the same category as those of professional lobbyists representing corporations and special interest groups. 3. Ant -Trust Laws: The League supports legislation at both the state and federal levels placing municlipalifte In an equal position with state governments with respect to federal anti-trust laws. A wide range of traditional activities of Alaska municipalities such as land use regulation, procurement practices, franchising and licensing practices, waste collection and disposal, provision of hospital and ambulance service, and operation of airports and ports, all necessary and appropriate functions of local government, may potentially be subject to civil and criminal penalties if found liable under the federal anti-trust laws. As political subdivisions of the State, local governments should be afforded the same status as state government under anti-trust laws. The freedom to act in the public interest would be enhanced if municipalities could receive the same treatment as states under federal anti-trust provisions. 4. Enforcement of MuntclRal Ordinances: The League opposes state restriction on enforcement of municipal ordinances. The League supports legislation clearly establishing local autonomy in the creation of mandatory sentences and other remedies for violation of local ordinances. S. OUMMI J du icial arch: The League supports the Department of Community and Regional Affairs efforts to assistin and establish quasi-judicial boards as authorized under the existing Title 29. ¢[5]. PMbilc Records: The League supports legislation ensuring that local governments are free to adopt, through ordinance or resolution, their own policies and procedures concerning local public records. 7[6]. Interest on Re inane: The League supports repeal of the application to municipalities of the Public Construction Contract Payments section of Title 36, Public Contracts Code (AS 36.90.Wl) relating to payment of k tsrest on retainage on construction contracts. M71. Eminent Doman: The League supports legislation amending Title 29 to give municipalities the awt#tority to exercise the power of eminent domain, Including the declaration of taking, In areas outside their boundaries, only if necessary for public service. ;2[8]. Local Construction: The League suDuorts amendments to [Local governments should retain autonomy to administer local construction projects.] Draft 1990 Policy Statement 51 Local Government Powers TWO 36, the Public Contracts Cade, [should be amended] to permit local govermraiu0 ollb to establish tier own node, report, local hire, prevailing wage require, S" maathadels for kKWconstruction. 1_0(9]. ng and " Codes: To eliminate the conflict between state and local plumbing and dal codes, the League supports an amendment to the state stobAes to place sole a dhorlty for enforcement with municipalities that haveadopted su ah codes. ''ilea► Lie supports the expeditious updating of state safety 46doo and sh amendmentllb the staEtulas governing these codes that would allow munklptwtilile s sdopftg Ow" codes to provide for a tram period regsrdkq UaeftMq and ceu a Mquiremutts for plumbers and electricians working within their boundolee. The League supports the adoption of the national codes as the standards for Alaska. 1" [10]. Authorities: The Loops opposes any effort by the Legislature to restrict the mod' of a iltrhmwv� farm, powers, or other features of municipal port or other aMuthorlties. The League ` supports legislation that would) clarify► the authority of miuMcipalkles to form public corporations, authorities, and similar public snWoo through which they may exercise a power. NOTE: All of Section B moved from the Elections chapter of 1989 Policy Statement 1. Lml Financial Ciscig#ur2 Law: The League supports legislation that would mantho municipalities currently subject to AS 39.50 to adopt a local financial disclosure law similar to AS 39.50 and would exempt municipal officials from the APOC Conflict of Interest law. APOC has neither the funding nor the staff to adequately enforce or audit municipal conflict of interest. Assemblies/councils take removal from office by APOC very lightly, but would lock at it more seriously if it were a penalty of their own making. The APOC and staff have recommended legislation divesting APOC of the responsibility for administering conflict of interest laws at the local level and permitting municipalities to adopt and administer a similar law as a matter of local option. 2. Registration of Voters: a. Local Fl2gulrement: The League supports cummt law r2guirinc [lawn to require] persona to be registered wMin the Mate of Alaska and the precinct, distrilot, 'service area, or munk*m ty in which they reside not less than thirty (30) days Immediately preceding time date of the municipal election. Draft 1994 Policy Statement 52 Local Govemment Powers b. R2Ct9i dEj9W: The League supports current statutory language which requires a voter who has been purged from the voter reg ratian list in accordance with AS 15.07.13E1, neMidn of Excess, 1460 st" to rorogkftr in accordance with AS 1 &07.f19g. The Leas also supports desertion of AS 15.15.1989 "Voters Not on Official Regis#ratii4rn Lit," which Is In con act with those sMutes. AS 15.07.130 provides for the purging of voters who have not voted in the past two years. The convict arises in AS 1515.198, which allows for the bafiots of people whose names have boon removed from the registration list to be counted for another two years, even through they have not reregistered. They are not truly purged until they have not voted for four years. The two-year purge should be final. 3. Qualification for ElectiveOffice: The League supports legislation that would Include provisions In Tine 29, the Municipal Code, and Title 14, the Education Code, for municipaes to set qualifications for all elected municipal offtieft, kwluding school board members. . Title 29 allows municipalities to set the qualifications for candidates for assembly/council and mayor, but not for school board. Therefore, any qualified registered voter could have his or her name placed on the ballot for school board regardless of length of residency in the municipality. If a municipality has the authority to enact qualifications for candidates for assembly/council and mayor, it should also have the authority to enact qualifications for candidates for school board. At the present time, if a person elected to a local school board has a spouse who is a school district employee, resolution of the potential conflict of interest is left to the Commissioner of Education, not the local population. In Alaska's small municipalities, this can cause problems because of the limited numbers of people interested in public office. 4. Initiative, Referendum, and Recall: a. Contact Pgrsoon ftsvi'c of Petltions. The League supports current statutsa, that[legislation that would] (11) require the clerk to notify the desig-te- contact person who submits an application for an initiative, referendum, or recall petition of the sufficiency of the application and the availability of the petition and (2) require the clerk to provide petitions only to persons who request a petition (preferably In person, or in writing if located in a multi -community municipality) [,] from the clerk's office. When the new Title 29 was written, an entirely new format for initiative, referendum, and recall petitions was written into it. It has been tested in the past two years and several sections need to be 'tightened up" in two areas: (1) Applications for petitions in larger municipalities could contain hundreds of names as sponsors. The burden of Draft 1990 Policy Statement 53 Local Govemment Powers contacting those sponsors, many of whom aren't even aware they have become sponsors, should be on the desiquod contact sponsor. (2) Petitions should be given only to those who agree to circulate the petition and sign for the petition. This would make the inkiatiive, referendum and reicaN process more manageable for the public and clerk. b. ARRgjntment of R222M dais: The League supports cuffs [iiiadon which prohibits] a recalled elected official or a apt oln eel 1 an elladett ofte from being appok0ed to the vacancy m soft by the recall. If voters recall an elected official or an official appointed to an elected office, the voters have spoken, and it should stand. This also avoids pressure on other elected officials to re -appoint the recalled person. Basically, allowing a recalled person to be appointed to the vacancy created by his recall is contrary to the whole recall process. AS 29.26. 0(c) states that a person who resigns (during a recall process) may not be appointed to fill the vacancy, so it should stand that a recalled official should not be appointed to the vacancy created by the recall. Recall should be a final act. c. Non-Areawide Powers: The League supports current statutes moke [legislation to clarify AS 29.26.190-.190 by making] a distinction between [flu] irk and r9krendum issues of non-areawide or service area powers. (AS 29.26.100-.190, which outlines the standards and process associated with a referendum election, speaks only to municipal voters and makes no distinction between voters residing inside and outside a city. Repeal of a non-areawide or service area power would affect only residents located outside cities. However, under current statutes, voters within cities would have a significant, and potentially dominant, role in determining whether residents outside the city receive services.] d. Specific Types of Petitions: The League supports current'sta es- [legiWation that would] specify procedures for petitioning for adoption or der of the manager plan (AS 29.20.460), alteration of government (AS 29.06), and local liquor option (AS 4.11.502) as those established in AS 29.26.100-.190. A process for initiative and referendum petitions is established in AS 29.26.100-.190. There should not be vague references to "by petition' for adopting or deleting a manager plan, altering government (annexations, unification, etc.) or local liquor option. 5 Election Date: The League opposes legislation that would diminish the authority of municipalities to conduct their own elections, Including setting the date of such elections. Draft 1990 Policy Statement 54 Local Government Powers Several bills have been introduced in the last few years to change the date of local elections. While the league applauds efforts to increase voter turnout, Title 29 currently al'kr#s nun es to choose a date ether than October for their election. The authority for the conduct of local elections should remain with the municipalities. QJB.] PUBLIC EMPLOYEE LABOR RELATIONS 1. AMM Public QaRlenn Labor Fgs Act• The League strongly opposes any legislation that would force munkApalftlies to be sit to the provisions of the Alaska Public Eoyees Labor Relations Act. The League opposes, Just as strongly, any legisMve efforts to f the provisions of local public employee labor relations ord ances. The League supports legislation to allow each municipality to ref ect or withdraw from the terms of the Alaskan Public Employees LaborRellations Act at any time. The scope of doclslons as to local government lance and labor policies Is best left to the local governing body. 2. ifflUdIng Air iItrtion: The League opposes legislation Imposing binding arbitration on local governments and school districts. Binding arbitration hinders local elected officials' ability to determine their personnel costs and prevents local governments from having complete control of determining the local tax rate. The scope of decisions with regard to what local government can afford for labor is best left to the local bodies possessing that knowledge. D [C.] TRIBAL COUNCIL./LOCAL GOVERNMENT RELATIONS The League supports and encourages efforts on the part of the Legislature and other concerned parties to address tribal/local government relations. There is increasing discontent with the state system in some Native communities and, due to the desire of several to dissolve their city governments and exercise perceived tribal sovereignty rights, legislation was passed to simplify municipal dissolution. However, the Alaska Supreme Court recently rendered an opinion denying sovereign rights to Native villages; it is now entertaining a motion to reconsider that opinion. The issues are tangled and confusing and require resolution. F [D.] FORMATION AND ALTERATION OF [FORMATION OF NEW] MUNICIPALITIES 1. gtate Policies: The League supports state policies that encourage rather than discourage the formation of new municipalities. Draft 1990 Policy Statement 55 Local Government Powers 2. : The League strongly supports providing adequate funds for the study of the fessiblMy of forming new municipalities and for the unification ands of Mph and Ey gcsvernme. The Leae also supports Incroosing futoft for the neaftipell asabillmincs and revenue sharing programs to accommodate the needs of newly organized municipadties without diluting funding for existing recipients. 3. TjWNjj$r f Paw : The League supports legislation setting out provisions for the transfer of powers, services, and facilities from a borough or service area to a newly Incorporated city within the borough. This legislation should include provisions for continuation of the power being exercised by the borough or service area, urn the; newly formed city actively assumes the power. Title 29 does not give boroughs authority to delegate powers back to a city; however, it does not specifically prohibit such action. An amendment to Title 29 would clarify that boroughs can do so. 4. De19oadon of Powers: The League supports an amendment to Title 29 to permit a borough to delegate to a city the authority to exercise a part of an areswide power, providing the city accepts the delegated power. F.[E.] COMMUNITY AND REGIONAL AFFAIRS The League supports adequate funding for the Department of Community and Regional Affairs, Municipal and Regional Assistance Division, for sufficient staff to effectively serve all areas of the State and meet support staff responsibilities. GJF.] CONTRACTING STATE SERVICES 1. Cow ggServices to Regional/Local Entities: [In an era of decreasing funding], IM [°the] League supports, where appropriate and cost effective, the contracting out of state services to sWup tate [regional entities, other] local governments,[, and local non -government entities.) This policy is adequate as long as the State's purposes are served. Some non - government entities would not have the long-term commitment that a state office would have, and in some instances where continuous follow-up is required this could become a very costly way to do state business. [2. Recorder's Office:] (moved to Part VII, H.2) Draft 1990 Policy Statement 56 Local Government Powers H. TAFFECTING I 1. VM Reg on: The League supports eflbft to Improve the prig and quo' of the veer reqWhiM+an syotem. (moved from old Part VII, A) 2. R or er's Office: The League strongly supports the funding and maintenance of the District Recorder's Ofitces In the districts as they presently exist, recognIxIA9 that the won of the Recorder's Office is vital to local muni cipeilithm (moved from new Dart VII, G.2) Municipalities of the State feel strongly enough regarding local repository of land records to assume recording responsibility before permitting removal of local records. PART V111 [IX] A. GENERAL STATEMENT =n • • • • , - • • • :i! • • • [The League supports responsible economic development projects to strengthen and diversity the economy of the State and provide for employment of Alaskans. The League urge* adoption of sta1C!e prograims and the use of public land and natural resources in furtherance of these objectives and the lniftflon and active pursuit of local and regional strategies to accomplish economic development.] In con uncton with community stabilization of required functions munici alines must consider economic development incentives and promote tourism fisheries agriculture B. AUTHORITY AND INCENTIVES 57 Draft "" Policyi Econ..Resource1 TheestablighmoW of l . i lA a'1urmt local stratealesfor ll.«gg d}.�:c 1.1 i�f'.°1 ,� Yi..1'•a."+++1'�...�.r' ° 11,.f. a*,".<1'.: t:t.Y.. i�r° ..9 "tae,.a..:.. LIi'-._---i° i ° .A*�::5 w :�" �" V . Wmal ngengy.2s: The League urges that legislation be enacted to encourage local municloallities to adopt and irraplemerrt Incentives for economic development, such as joint public/private sector economic development corporations and tax increment financing authorities.] [2. State Programs: The League urges that state programs be Implemented and/or legislation be enacted that encourages local strategies for capital investments and supports the development and Implementation of economic development efforts at the local and regional levels.] [3. Stat ownl il,irts an4 Facilities: The League urges the State to Integrate its long-term strategies for the use of its fades, including its international airports, with local economic development projects through active coorclination with local and regional governing bodies and economic development organizations.] [4. State Us@ 9f _ , urc : The League strongly encourages the State to require its agencies to use Alaskan resources and products before utilizing comparable Items from non -Alaskan sources.] 2[5]. MuniciRal Bond Allocation: Priority should be given to local governments for no less than 25 percent of the available Private Activity Bond authority. [6. Federal Economic Develo2Ment Gram: Priority should be given to local governments for no less than SO percent of the annual available Federal Economic Development Administration grant funds for local economic development, projects.] C[H]. IMPACT 1. IMRgct Anhftnc!t: The League urges adoption of state and federal legislation that would provide financial aertstance to rnunicipaNes facing the impacts of mercer development. Such legislation needs to establish criteria for impact with appropriate der mechanism to acthrate such assistance. The exploration, development, and industrial utilization of renewable and non-renewable resources, both inside and outside municipal boundaries, creates a substantial and Draft 1990 Policy Statement 59 Econ. Dev. & Resource Mgmt. immediate impact on the need for municipal facilities and services. The need exceeds the financial ability of most municipalities to have such facilities and services operational in the tir-e avaftble. 2. R&Mrce DeveloRment Projects: The League supports resource development and funding policies which provide that state -assisted resource development projects that substantially Impact communities should be approved by the munkipagges. 3. Natural Resource 99101ORMOM Policies: Mevelopme :] The League supports the adoption and implementation by the State of Alaska, In cooperation with the private sector, of poles for the exploration, inventory, planning, conservation, development, procesrsiing, and marks" of natural resources in a manner that produces maximum direct benefit for the State and municipalities, provided that it is consistent with approved state and local plans. (moved from Part IV, I.1) D. STATE AND FEDERAL. POLICIES AFFECTING LOCAL COMMUNITIES NOTE: Sections below have been moved from Part IV and other divisions of Part Vill (formerly Part IX). Statements have been combined and edited for clarity and brevity. In recognition of the ImRortance of the actions of the State and the federal government n regional 29onomic doveftment in Masks, thl 1. Recreation and Tourism: o Promotion and Attraction - The League encourages assistance to municipalities for local Wd. Etgionai tourism promotion within the grant programs administered by the Division of Tourism. o Parks and Recreational Facilities - The League supports development, maintenance, and operation of parks and other recreational facilities to accommodate, disperse, and expand recreation opportunities for residents and visitors. o International Exchanges - The League supports local, state, and federal efforts to encourage trade, tourism, exchanges of education and scientific projects between the peoples of the State of Alaska and its international trading partners. Draft 1990 Policy Statement 60 Econ. Dev. & Resource Mgmt. 2. Fisheries o Management and Enforcement - The League supports increased funding for the management and enforcement sections of the Department of Fish and Game. The League supports conservative fishery management. The ability to reap long-term benefits from Alaska's fishery resources requires well -supported management and enforcement efforts as well as conservative management policies. o Flgherit# Enhancement Projects - The League supports increased fisheries enhancement programs for Alaskan commercial, sport, and subsistence fisheries. To support these programs, the League supports both state general fund and cost recovery funding of research and development efforts. Research and development of enhancement programs for currently fished and additional species are necessary for the song -term health of the industry. Continued state funding is the best way to assure adequate future stocks. The State's cost recovery program, which receives money from the controlled -shared harvesting of certain returning hatchery stocks, allows for the operation and expansion of needed enhancement projects. o Groungfish Research - The Le"us supports the continuation of the Alaska Department of Fish and Game's groundfish research program and domestic observer program. Although groundfish are federally managed, the continued involvement of the Alaska Department of Fish and Game in groundfish researctt is essential for promoting the State's interests within the federal fishery management system. o $Mort l*ishing - The League supports efforts to restock streams and lakes and otherwise enhance sport fthing In areas which attract tourists. o Extension of Fisheries Business Tax Credits - The League • ".,�L � lda.i "� !..1 ::i1. aN�':', i• l� �t `: +M.: .:,<.k1,"' '<..1:. A- ..x ,'�_.i.. Draft 1990 Policy Statement 61 Econ. Dev. & Resource Mgmt. Z d1' • a : " Sly *.. " " "�. " • • :r4 • -'���* •EV— • • •�.. • ISM l" • l JI 1 .J :.L* *� i* .sue is:► 't�t ! ;°:, �'! �':.I..a,""'.i !''.i.!•: * 11a- !. '�i� �lY k �; ll • 1:• • rt «�. w..y,�* * *.i*.1 ;' 1 4h .,J.",ter r a l : r r�« * . s rJ • • ' * • sr ' r - ITT *li: r'lll ^.T • r :LL , : � r _�ar 7 * • o Marketing The League supports continued state funding of the Alaska Seafood Marketing Institute. The Alaska Seafood Marketing Institute (ASMI) has proven its effectiveness in promoting Alaskan fish products in the United States and abroad. ASMI is funded by the State in partnership with industry to market Alaskan seafoods. o Creb Mann fitment - The League strongly urges the State to retain state jurkwiletion over crab management of fishery resources in the federal Exclusive E momic Zone. The Leglsllature Is urged to appropriate any additional funds necessary to ailow the State to comply with federal requirements. The State has demonstrated its ability to manage the domestic crab fishery. It has the expertise and resources to develop a comprehensive Alaska Management Plan, which would provide the industry with constant and locally controlled management. o lMAaricuiture - The League supports the development of a stable, year-round private mariculture Industry, with the initial efforts directed toward the shellfish industry In a manner to provide minimum conflict with existing fisheries. Shellfish mariculture -- the "farming" of scallops, oysters, sea vegetables, etc. -- may provide many small coastal communities with a needed year-round fishing industry. Finfish mariculture needs further industry review and research. Draft 1990 Policy Statement fit Econ. Dev. & Resource Mgmt. o Limited I:ntr^v - The League urges the State to oppose all future federal lknhod entry faherlso designations. In case limited entry designations, are necessary for Alaska's bottomfishhery, the League strongly supports the concept of a nrdevelopment quota allocation. Alaska fishermen need the ability to move from fishery to fishery. Limited entry would unfairly restrict free movement from one species to another as economics and harvesting quotas demand. If limited entry regulations were adopted, community development quota allocations should be included to ensure that Alaskan fishermen have priority in obtaining limited entry permits. o High Seas Ip lr„ceptign - The League supports state and federal efforts to and the high seas foreign Interception of Alaskan Amon and illegal taking of other fish species In the U.S. 200-mile zone. Documented interception of Alaskan salmon by high seas fleets continues to occur and to cause substantial lost revenue to Alaskan fishermen. 3. Agriculture and Timber o Agriculture - The League supports state encouragement of agriculture throes faeland praaerwon, the opening up of new agriculture lends with adequate road yes, education and research, and aggressive support of the develiopment, processing, and marketing of Alaska a Wkm tural products. o Timber - The League supports the development of state-owned, municipally owned, or privately owned timber resources. Specifyally, the League supports; •state and local identlflcation, sale, and preparation of timber tracts suitable for commercial use under forest management planning; - creation of a long-term program for the harvesting, solo, and reforestation of timber, - funding of nursery programs for research, development, and replanting stock; - development of transportation infrastructure; • development, processing, and marketing of Alaska timber products in cooperation with local timber -owning municipalities and private Land owners; - the creation of a cooperative timber marketing program similar in concept to the Alaska Seafood Marketing Institute. Draft 1990 Policy Statement 63 Econ. Dev. & Resource Mgmt. o Personal Use of Forest Resources - The League supports state identification of accessible, selestsd wood cutting and beach log sahrage area ftrr "rero ues by state reslderets under a forest prances plan. o Tonam National Forest - The League supports the 1980 ANILCA provialons for tharnanagernent of the Tongess National Forest. 4. 0411, Gas, and Mineral Resources o Ar'ctlig National Mdlife Refucte - The League urges the Congress of the United Staters to open the Coastal Plain to environmentally responsible oil and gas exploration, development, and production. o EgRigration ang QtMRIoRment - The League encourages the State of Alaska to promote environmentally responsible oil and gas exploration and development. o WW9 Dispgsal - The League encourages the State to participate with and provide assistance to private industry to resolve the ( special waste disposal problems associated with oil and gas exploration and development in an environmentally sound manner. o Natural Gas Plaellne - The League supports any meaningful endeavors which may remove roadblocks, aid in the search for U.S. and foreign markets, or develop practical, cost-effective stipulations for construction of natural gas pipeline projects. o Strategic Minerals - The League supports the State's efforts to Identify and advocate the availability of minerals in Alaska for strategic purposes. 5. Impact o Waste Disposal: The League encourages the State to adopt and maintain acceptable standards concerning waste disposal from processing of all resources. (moved from Part IV, I.6.a) o Full Utilization of Resources: The League encourages the State to adopt and maintain acceptable standards concerning maximum utilization of all natural resources. (moved from Part IV, 1.7) Draft 1990 Policy Statement 64 Econ. Dev. & Resource Mgmt. 6. Human Resources o Alaska Hire - The League supports and encourages, within the confines of the Constitution and human resource limitations, any efforts on the part of the Governor and the Legislature to Implement a local hire policy, particularly within state government, which would not preempt municipal policies and ordinances. o Training Incentives - The League supports the development of incentives that wound encourage contractors and other employers to train and apprentice local workers and would encourage their employment. o Rural HQMAIIZg Assistance Program - The League urges continuation of the Rural Housing Assistance Program as currently structured under [department of Community and Regional Affairs. COUNCIL MEETING — 7 / PLEASE REGISTER• (10 minutes per person) NAME ADDRESS TO DO LIST SEPTEMBER 20, 1989 KENAI CITY COUNCIL 1. B. Brighton - Schedule meeting of er election with Borough representatives, Council and Administration regarding land fill. 2. B. Brighton - Resolution for 10 4 meeting re/airport bar & restaurant - Lou Schilli g. 3. J. Ruotsala - Notify Ed Garne t of Airport Comm. appointment. J. Ruotsala - KMC section o Comm/Comm appointments for 10-4 meeting. 5. C. Brown - Get correct amo t of RDC dues, then pay for current year. g#,q%At 6. J. Ruotsala - Contact Bob Williams, Bicentennial Bureau, to speak at 10-4 meeting re/Arctic Winter Games. A 9 - 'a'►- � t 7. C. Monfor - Contact Su Carter, Bicentennial Bureau, re/intentions and addi ional number of employees involved in Mr. D's a pansion. 8. B. Brighton - Have 1 ter prepared to Wagoner/Worsley saying we accept off r subject to payment of taxes. 9. K. Kornelis - Prepa a grant applications to DEC for Thompson Pk. water & sewer and sewer treatment plant. 10. B. Brighton - Pre re material (maps, correspondence, minutes, etc.) re proposed boat facility, for 10-4 meeting. K. Kornelis - S up on -site meeting with Council, Fish & Game, Corps. f Engineers, Administration. 11. K. Kornelis - Check on Float Plane Basin Rd. near cemetery for racks in road. 12. C. Brown - C tact Atty. Haggart re/Inlet Woods. Schedule mee ing with Council. jr / le�