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HomeMy WebLinkAbout1993-04-07 Council PacketKenai City Council Meeting Packet April 7, 1993 AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 71 1993 7:00 P.M. KENAI CITY COUNCIL CHAMBERS A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders, Be SCHEDULED PUBLIC COMMENT (10 Minutes) Co PUBLIC HEARINGS 1. Ordinance No. 1532-93 - Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund for Roof Repairs to the Public Safety Building, 2. Resolution No. 93-16 - Proclaiming 1993 as the "Year of Beautification" in the City of Kenai. 3. Resolution No. 93-17 - Authorizing the Execution of the Fisheries Business Tax Allocation and Disbursement Agreement. A��oW4. Resolution No. 93-18 - Supporting HJR1 and SJR6 Which Authorize the Use of the Initiative to Amend the Constitution of the State of Alaska by Approval of Two - Thirds of the Votes Cast on the Proposed Amendment. finfe/ 5. Resolution No. 93-19 - Supporting HJR7 and SJR8 which Authorize the Use of the Initiative to Amend the Constitution of the State of Alaska (by a Majority of Votes Cast) and Amending the Requirements Relating to Applications for Initiatives and Referenda. -1- 6. Resolution No. 93-20 - Supporting HB125/SB89 and HB124/CSSB88 Making Appropriations Available for Capital Project Matching Grant Programs and Establishing a Local Share Requirement for Capital Project Grants to Municipalities, Named Recipients, and Unincorporated Communities. paperh7 . Resolution No. 93-21 - Supporting SSHB157/SSSB116 and SSHB156/SSSB115 to Establish the Educational Facilities Maintenance and Construction Fund and Make Special Appropriations to that Fund. 8. Resolution No. 93-22 - Supporting HJR19 and CSSJRI8 to Establish a Transportation Fund. 9. Resolution No. 93-23 - Awarding the 1993 Lease of the Kenai Public Dock Station No. 3, Dock Area, Parking Area, Office, and One Crane to Fishhawk Fisheries for $12,000 or $.04/lb, Whichever is Greater. 10. Resolution No. 93-24 - Transferring $1,870 in the Airport Land System Fund for Advertising. lie 1993 Liquor License Renewal Application - Pizza Hut #9 - Restaurant/Eating Place. D. COMMISSIONICOMMITTEE REPORTS i. Council on Aging 2. Airport Commission 3, Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINUTES 1. *Regular Meeting of March 17, 1993. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified -2- 2. Purchase Orders Exceeding $1,000 { 3. *Ordinance No. 1533-93 - Increasing Estimated Revenues and Appropriations by $2,453 in the Senior Citizens - Borough Special Revenue Fund. 4. *Ordinance No. 1534-93 - Increasing Estimated Revenues and Appropriations by $64,000 in the Water and Sewer Special Revenue Fund for a Solid Waste Leachate Evaluation. 5. Discussion - Assessment Petition - Bumblebee Avenue & 29th Avenue. 6. Approval - Easement Reservation Request - Lot 2, Block 3, Beluga Subdivision - Steve C. Gilles. 7. Approval - Assignment of Lease - Counter Space #16, Airport Terminal - From Johnny Jackson & Artha L. Koerber d/b/a Payless Car Rental to Michael R. Routt & Roxanne R. Routt d/b/a Payless Car Rental. 8. Approval - Assignment of Lease - Counter Space #20, Airport Terminal - From Cheryl Jackson d/b/a Budget/Sears Rent -a -Car to Garrison Corporation d/b/a Budget Rent -a -Car, Johnny Jackson, Ed Wehrstein and Artha L. (Bonnie) Koerber, Individually, 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 (five minutes) 2. Council K. ADJOURNMENT -3 - MAYOR'S REPORT APRIL 71 1993 COUNCIL MEETING CHANGES TO THE AGENDA ADD: G-11 Discussion - Right -of -Way Acquisition - Overland Avenue, U.S. Survey 1435 (Fish & Wildlife Buildings), ADD: CHANGES TO THE CONSENT AGENDA MAYOR'S REPORT DISCUSSION 1. Work Session - Monday, April 12, 1993, 6:00 p.m. City Manager Search or Budget??????? w 0 0 x H H W W x 14 H C� 0 Suggested by: Administrate City of Kenai ORDINANCE NO., 1532-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $40,000 IN THE GENERAL FUND FOR ROOF REPAIRS TO THE PUBLIC SAFETY BUILDING. WHEREAS, at the time that the fire bay addition was under construction, it was noted that the existing roof on the Fire Department's equipment storage area needed to be re -roofed; and WHEREAS, this matter was brought to the Council's attention on August 19, 1992 and administration was instructed to bring the request back to Council in the spring of 1993; and WHEREAS, spot repairs are needed over other areas of the Public Safety Building; and WHEREAS, it is in the City's best interest to appropriate these funds at this time so that repairs can be made during May and June, when the weather is best. NOW, TIEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $401000 Increase Appropriations: Buildings - Repair and Maintenance $40, 000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of April, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: March 17, 1993 Adopted: April 7, 1993 Effective April 7, 1993 Approved by Finance: C-,Sa (3/11/93) 1791-1991 CITY OF KENAI "Od 44u4a 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 MF�VIO UM TO: Keith Kornelis, Public Works Director FROM: Jack La Shot, City Engineer DATE: March 3, 1993 SUBJECT: Kenai Fire po=Ment - RgQfRe pain Attached is a memorandum dated August 12, 1992, concerning roof repairs needed over the Fire Department Bay area. Also, I have added $10,000 for some spot repairs over other areas of the P Y Public Safety Building. We should ask council to appropriate funds soon so that we can bid the project during and do the work durin late May - June, when the weather is best. The total appropriation needed is $40,000. JL/kv G6U�GlL drP Au 7--Z> AA 110v` Q 1791-1991 CITY OF KENAi 4 4iaj-4a .__ 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 283 - 7535 FAX 907-283-3014 r�M�RAND TM TO: Charles A. Brown, Finance Director INFO. 8/19i92 KENAI FIRE DEPT. FROM: Keith Korneloorelis, Public Works Director ROOF OF EXISTING /f' STORAGE AREA DATE: August 12, 1992 SUBJECT: Kenai Fire Department Roof of Existing Equipment Storage Area FOR: Info. for Council meeting of August 19 1992 When the contractor removed the roofing material to add the new roo f drain for Change Order No. 1 on the Fire Bay Addition project we found the roofing material was w g s et and in some areas the plywood was rotten. Please see the attached photos, It appears that a very large portion, if not all, of this roof is saturated. are bubbles caused by this problem throughout the roof. The glue -lam roof beams show ow water stains from the roof leaking and in some areas appear to be startingto rot. When the i • insulation and roofing material are saturated they loose their insulating value. When the and beam plywood s are rotten they loose thei r structural integrity and the roof could collapse. The existing roof of the Fire Department's equipment storage . eq P g area needs to have the roofing material removed, including any rotten plywood, and new roofingmaterial atenal installed. Because it is now so late in the year and our rain season it might ' . Y g t be better to want until next June to re -roof this area. We have sealed the new roof and area - the • contractor has been working on to prevent the moisture going into it. Tom Bell, Bells Roofing, has given me a very rough estimate of $30 - Q g, ,000 for re roofin this area. The City needs to plan on appropriating funds before May, 1993 y, , to cover this cost. KKlkv 6.2, t<P j] /add 'eo, oao •• •� r ► ►• '}}. r�,?! ,fi�r ,iw• }' ,•7,**w tt•••• •.2! •�t...�,� • t••1» •'v,., _; :T•?i�•!'j''(.. , j'� -; • �'•�'a�1�1t{,����f11't.`-�.T �IN�a�~.1 f1..1• ,n�, J Y,.•� +,/� :,�•t`- '1''•' , •,•�•.� , ly;. �, •: i;� �'. 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"'--; •• ?IM •t.; �j�F'i7�'ltt:�,�Tl�r.�4�'t�l �'� � ►� ��1�� 166 46* 144 • y ss � • 11' •� r 0 PF .•. t r • Obab dr Imp f• t.cF ` ��`,.., y!. 1\ •'� '+•t 'Z�•i �• ••.,fir•• -• �•++• -`• •�'- 1 ` ' ` 1. * �.• r � �.. - il-P, -900 11'V4 A Ilk .2w 4, `1• rV NO SUGGESTED BY: Mayor Williams City of Kenai RESOLUTION NO. 93-16 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROCLAIMING 1993 AS THE "YEAR OF BEAUTIFICATION" IN THE CITY OF KENAI. WHEREAS, in the past several years, the City of Kenai has completed many worthwhile projects for its citizens and has gone to great lengths to make the City of Kenai the livable community that it has become; and, WHEREAS, the City of Kenai is recognized across the entire state of Alaska, the United States, and many foreign lands as an area of considerable historical significance, the playground of Alaska, and the namesake for the famous Kenai River; and, WHEREAS, in the last three years, the City of Kenai has celebrated its bicentennial, recognizing its Russian heritage and created remembrances of the event for the future; has been recognized nationally by the National Civic League and awarded the distinction of "All -America City"; has involved itself in city-wide celebrations; and has been recognized by the President of the United States, the Governor of Alaska, and the Alaska State Legislature as a vibrant, growing and dynamic city; and, WHEREAS, the City of Kenai, "a village with a past, and a city with a future" wishes to continue to develop, grow, and enhance its reputation throughout the land by being recognized as the most beautiful city in Alaska and as the "City of Roses and Lilacs"; and, WHEREAS, for the Fourth of July celebration, the Kenai Chamber of Commerce has adopted as its theme, "Kenai -- A Vision of Beauty." NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that 1993 be proclaimed as the "Year of Beautification" and encourages its citizens and businesses to join the City in its summer beautification program by planting roses, lilacs and other flowers throughout the city. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April, 1993, ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk (3/31/93) clf Suggested by: _ CITY OF KENAI RESOLUTION NO. 93 - 17 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE EXECUTION OF THE FISHERIES BUSINESS TAX ALLOCATION AND DISBURSEMENT AGREEMENT. WHEREAS, the State of Alaska has proposed a distribution of $1,500,000 of a settlement between the State of Alaska and Alyeska defendants in State of Alaska v. Exxon Corporation, e- (3AN-89-6852, Civ.) which amount was appropriated for distribution to municipalities that suffered a loss of state fisheries business tax revenues in 1989, and WHEREAS, the affected municipalities that desire to participate in the distribution have proposed, and the State has accepted, an allocation among such municipalities as set out in the Fisheries Business Tax Allocation and Disbursement Agreement (Agreement) attached hereto, and WHEREAS, the Council has reviewed said Agreement and has consulted counsel regarding the rights, obligations and liabilities of the City under the Agreement and is aware of its implications, and WHEREAS, the Council finds the execution of said Agreement would be in the best interests of the city; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT the Agreement is approved and the City Manager is authorized and directed to execute the Agreement on behalf of the City. ADOPTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of 1993. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk (3/30/93) FISHERIES BUSINESS TAX ALLOCATION AND DISBURSEMENT AGREEMENT THIS AGREEMENT is entered into this day of , 1993 between the State of Alaska Department of Law and Affected Municipalities pursuant to Chapter 111 SLA 19920 WHEREAS, late in the evening of March 23 or early in the morning of March 24, 1989 the T/V EXXON VALDEZ, owned by the Exxon Shipping Company, went aground on Bligh Reef in Prince William Sound, Alaska and as a result of the grounding, approximately 11 minion gallons of crude oil owned by Exxon Corporation spilled into Prince William Sound (hereinafter the "Oil Spill"); and WHEREAS, the Oil Spill necessitated the closure of various commercial fisheries throughout Prince William Sound and the area outside the Sound impacted by the OR Spill; and WHEREAS, these closures resulted in reduced fisheries business tax revenues for the State under AS 43.75 for 1989 and for certain municipalities which would have shared in those lost revenues under AS 43.75.130; and WHEREAS, in August 1989, the State of Alaska filed an action in the Superior Court for the State of Alaska, Third Judicial District, identified as State of Alaska v. Exxon 10 Comoration.1 Civil No. 3AN-89-6852, against, in r Alyeska Pipeline Service Company (7AIyeska7). Amerada Hess Pipeline Corporation, ARCO Transportation Alaska, P Y Inc., formerly known as ARCO Pipe Line Company, BP Pipelines (Alaska), 'Inc., Exxon Pipeline Company, Mobil Alaska Pipeline Company, Phillips Alaska Pipeline Corporation, P and Unocal Pipeline Company (collectively, except for Alyeska, referred to as the "Alyeska Owner Companies"); and WHEREAS, the State action was removed to the United States District Court for the District of Alaska in February 1992; and WHEREAS, pursuant to an Agreement and Consent Decree entered November 25, 1992 by the United States District Court for the District of Alaska ("Consent Decree"), the claims of the State and the United States against Alyeska and the Alyeska Owner Companies were settled; and WHEREAS, pursuant to Paragraph 13 of the Consent Decree, Alyeska has paid the State $1,500,000 ("Settlement Payment") for 1989 Fisheries Business Tax revenues under AS 43.75, which are to be refunded to local governments under AS 43.75.130; and WHEREAS, pursuant to Chapter 111, SLA 1992, the $1,500,000 Settlement Payment was appropriated to the Department of Law for distribution to the municipalities that suffered a loss of revenue under AS 43.75.130 caused by the Oil Spill; and WHEREAS, pursuant to Chapter 111, SLA 1992, the Department of Law can not distribute these funds until there is an agreement between all potentially affected municipalities and the department as to the method and amount of allocation; and _ WHEREAS, the City of Valdez, a potentially affected municipality, has waived its right to participate in the $1,500,000 Settlement Payment. The parties -hereto covenant and agree as follows: 1. PARTIES. For purposes of this agreement, the Parties are defined as follows: (a) "Department of Law" or "Department" means and includes the Department' of Law and the State of Alaska in all its capacities including all departments, divisions, independent boards, and agencies 2 of state government. (b) "Affected Municipalities" means all cities, unified municipalities and boroughs whose FY90 proceeds under AS 43.75.130 were reduced as a result of the Oil Spill. and who have not waived their right to participate in the distribution of the Settlement Payment. These affected municipalities are: (1) Kodiak (2) Old Harbor (3) Larsen Bay (4) Ouzinkie (5) Port Lions (6) Kodiak Island Borough (7) Chignik (8) Lake &Peninsula Borough (9) Kenai Peninsula Borough (10) Kenai (11) Homer (12) Seldovia (13) Cordova (14) Whittier (15) Seward 2. METHOD AND ALLOCATION OF PAYMENT. The Settlement Payment shall be distributed by the Department of Law to the Affected Municipalities in the amounts shown below. The payments shall be made by check placed in the United States -mail, postage prepaid to the business address of the municipality, unless otherwise directed by the municipality in writing, within seven days of the effective date of this agreement. Affected Municipalities Amo (1) Kodiak $1799884.50 (2) Old. Harbor 3,939.00 (3) Larsen Bay 26,260.50 (4) Ouzinkie 39939.00 3 (5) Port Lions 7,878.00 (6) Kodiak Island Borough 303,307.50 (7) Chignik 92,778.00 (8) Lake &Peninsula Borough 10,308.00 (9) Kenai Peninsula Borough 414,638.62 (10) Kenai 147,379.12 (11) Homer 64,628.63 (12) Seldovia 6,970.13 (13) Cordova 1579,567.50 (14) Whittier 5,047.50 (15) Seward 37,737.00 TOTAL $195009000.00 3. REPRESENTATIONS. RELEASE, Al'�tD INDE CATION BY THE AFFECTED CIP S. The Affected Municipalities represent that they are the only entities entitled to share in the Settlement Payment and that the method of allocation fairly distributes the Settlement Payment amongst themselves in a manner consistent with AS 43.75.130. The Affected Municipalities release the Department of Law from any and all claims for any portion of the Settlement Payment or for any amount directly or indirectly related to it. The Affected Municipalities shall jointly and severally hold the Department of Law harmless and shall fully indemnify the Department from any and all costs, fees, or awards (including, without limitation, all litigation costs) that may arise from any and all claims relating to the execution of this agreement or the distribution or allocation of the Settlement Payment, including, without limitation, claims for adjustments to allocations set forth under this Agreement, claims by persons or entities not identified in paragraph 1(b) asserting a right to participate in the allocation, and claims for interest 4. RELATIONSHIP TO OTHER POTENTIAL RECOVERIES. The Parties acknowledge that the amounts paid pursuant to this Agreement are in addition to any amount which has been or will be allowed to any party by the Trans Alaska Pipeline 4 Liability Fund (TAPE Fund). Nothing in this Agreement is intended to limit or affect the Affected Municipalities' claims against Exxon Corporation, Exxon Shipping, Alyeska, the TAPL Fund or any other private defendant in the Oil Spill litigation for recoveries based on reductions in Fisheries Business Tax revenues for 1989 or subsequent years. 5. AUTHORITY TO EXECUTE. Each person executing this agreement represents and warrants that he or she is fully authorized to execute this agreement on behalf of the represented and to bind said arty to the terms and conditions hereof. Pay P P Each representative of an Affected Municipality must attach a resolution from its legislative body authorizing said municipality to enter into this agreement. Signatures of parties hereto may be entered .on separate copies of the agreement. 6. EFFECTIVE DATE. This Agreement shall be effective on the date all of the Affected Municipalities and the Department of Law have executed this Agreement and provided the Department copies of duly enacted resolutions required by Paragraph 5. If all of the Affected Municipalities have not executed this Agreement on or before June 30,1993, the Settlement Payment will lapse into the general fund pursuant to Section 4, Chapter 111 SLA 1992. Date Date FOR THE DEPARTMENT OF. LAW Charles E. Cole Attorney General FOR THE AFFECTED MUNICIPALITIES For the City of Kodiak 5 For the City of Old Harbor Date Date Date Date Date Date Date Date For the City of Larsen Bay For the City of ouzinkie For the City of Port Lions For Kodiak Island Borough For the City of Chignik. For Lake & Peninsula Borough For Kenai Peninsula Borough 6 For the City of Kenai Date Date Date Date Date Date For the City of Homer For the City of Seldovia For the City of Cordova For the City of Whittier For the City of Seward SUGGESTED BY: Council City of Kenai RESOLUTION NO. 93-18 A RESOLUTION OF THE COUNCIL OF THE CITY OF KE NAI, ALASKA SUPPORTING HJR1 AND SJ R6 WHICH AUTHORIZE THE USE OF THE INITIATIVE TO AMEND THE CONSTITUTION OF THE STATE OF ALASKA BY APPROVAL OF TWO-THIRDS OF THE VOTES CAST ON THE PROPOSED AMENDMENT. WHEREAS, the present method used to amend the• rove Constitution of the State of Alaska has proved to be very cumbersome and has not satisfactorily met the needs of the Alaska; and people of the state of WHEREAS, the people of the state of Alaska s • should have the right to propose an act and enact constitutional amendments and laws by the initiative and approve or reject acts of the legislature the referendum method; and g re by WHEREAS, the people of the state of Alaska' wish to amend the constitution to allow for two-thirds of the votes cast on a proposed constitutional amendment in favor of ad option to be an acceptable method of am ending the constitution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL KENAI, ALASKA that OF THE CITY OF ,, HJR1 and SJR6 be supported so that amendments to the Constitution of the State of Alaska may be initiated by the citizens of Alaska and approved b - ro p Y two-thirds thirds of the votes cast on the proposed amendment. PASSED BY THE COUNCIL OF THE CITY OF KENA day of A ril 1993 IF ALASKA, this seventh p John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk cif 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 8-LS0001\A HOUSE JOINT RESOLUTION NO. 1 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY REPRESENTATIVES PHILLIPS, Bunde Introduced: 1/11/93 Referred: State Affairs, Judiciary, Finance A RESOLUTION Proposing amendments to the Constitution of the State of Alaska authorizing the use of the initiative to amend the Constitution of the State of Alaska by approval of two-thirds of the votes cast on the proposed amendment. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF AL ASKA.• Section 1. Article XI, sec. 1. Constitution of the State of Alaska is amend • amended to read. SECTION 1. INITIATIVE AND REFERENDUM. The ma ro people may P and enact constitutional amendments and laws b the initiative, ,and approve or reject acts of the legislature by the referendum. * Sec. 2. Article XI, sec. 2, Constitution of the State of Alaska is amended to read: r • SECTION 2. APPLICATION. An initiative or referendum is b an proposed Y application containing the constitutional amendment or ro osed law BILL to b p-p [ ] e initiated or the act to be referred. The application shall be signed b not less than g y an one hundred qualified voters as sponsors, and shall be filed with the lieutenant ov rn g e or. The lieutenant izovernor shall certifv the aimlication if it is IT HE FINDS [IF ] in proper form [HE SHALL SO CERTIFY]. Denial of certification shall be subject to judicial review. HJR001a -1- HJR 1 I Sec. 3. Article XI, sec. 4, Constitution of the State of Alaska, is amended to read: 2 SECTION 4. INITIATIVE ELECTION. An initiative petition may be filed 3 at any time. The lieutenant governor shall prepare a ballot title and proposition 4 summarizing- the proposed constitutional amendment or law, and shall place them 5 on the ballot for the first statewide election held more than one hundred twenty days 6 after adjournment of the legislative session following the filing. If, before the election, 7 substantially the same constitutional amendment has been proposed by the 8 legislature or substantially the same law [MEASURE] has been enacted, the petition 9 is void. 10 Sec. 4. Article XI, sec. 6, Constitution of the State of Alaska, is amended to read: 11 SECTION 6. DISPOSITION OF PROPOSED CONSTITUTIONAL. 12 AMENDMENT OR LAW OR OF ACT REFERRED. (a) [ENACTMENT. IF 13 A MAJORITY OF THE VOTES CAST ON THE PROPOSITION FAVOR ITS 14 ADOPTION, THE INITIATED MEASURE IS ENACTED. IF A MAJORITY OF 15 THE VOTES CAST ON THE PROPOSITION FAVOR THE REJECTION OF AN 16 ACT REFERRED, IT IS REJECTED.] The lieutenant governor shall certify the 17 returns of an election conducted under Section 4 or 5 of this article [RETURNS]. 18 19 (b) If two-thirds of the votes cast on the proposed constitutional 20 amendment favor its adoption, the proposed amendment becomes effective. An 21 initiated constitutional amendment becomes effective thirty days after the 22 certification of the election returns by the lieutenant governor. 23 (c) If a majority of the votes cast on the proposed law favors its 24 enactment, the proposed law is enacted. An initiated law becomes effective ninety 25 days after the certification of the election returns by the lieutenant governor, is not 26 subject to veto, [AND] may not be repealed by the legislature within two years of its 27 effective date, and [. IT] may be amended at any time. 28 (d) If a majority of the votes cast on an act referred favors the rejection 29 of the act referred, the act is rejcted. An act rejected by referendum is void thirty 30 days after certification of the election returns by the lieutenant governor. 31 (e) Additional procedures for the initiative and referendum may be prescribed 32 by law. HJR 1 -2- HJR001a I * Sec. 5. Article XIII, sec. 1, Constitution of the State of Alaska, • �s amended to read: 2 SECTION 1. AMENDMENTS. Amendments to this constitution may be 3 proposed by atwo-thirds vote of each house of the legislature. The lieutenant 4 governor shall prepare a ballot title an proposition • d proposition summarizing each PROPOSED 5 amendment Provosed bv the leg islatur e, and shall place them on the ballot for the 6 next general election. If a ma'orit � y of the votes cast on the proposition favors 7 [FAVOR] the amendment it shall be adopted. Unless otherwise provided in the 8 amendment, it becomes effective thirty• • days after the certification of the election 9 returns by the lieutenant governor. Amendments mendments to this constitution mav also be 10 Promsed by the initiative under Artic le XI. 11 * Sec. 6. The amendments proposed b this resolution P P y esolutlon shall be placed before the voters of 12 the state at the next general election in conformity' with art. XIII, sec. 1, Constitution of the 13 State of Alaska, and the election laws of the sta te. HJR001a HJR 1 8-LS0255\A SENATE JOINT RESOLUTION NO. 6 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY SENATORS HALFORD, Miller, Leman Introduced: 1/11/93 Referred: STA, JUD, FIN A RESOLUTION 1 Proposing amendments to the Constitution ofthe State of Alaska authorizing .the 2 use of the initiative to amen • d the Constitution of the State of Alaska by 3 approval of two-thirds of the votes cast on the proposed amendment. 4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5 Section 1. Article XI, sec. 1, Constitution of the State of Alaska, is amended to read: 6 SECTION 1. INITIATIVE AND REFERENDUM. The people may Pro ose P 7 and enact constitutional amendments and lainitiative, ws by the and approve or reject 8 acts of the legislature by the referendum. 9 Sec. 2. Article XI, sec. 2, Constitution of the State of Alaska, is amended to read: 10 SECTION 2. APPLICATION. An initiative or referendum is proposed by an 11 application containing the constitutional ame ndment or proposed law [BILL] to be 12 initiated or the act to be referred. The application • pp cation shall be signed by not less than one 13 hundred qualified voters as sponsors, and shall • P all be filed with the lieutenant governor. 14 The lieutenant Lyovernor shall certif the a v pplication if it is [IF HE FINDS IT] in 15 proper form [HE SHALL SO CERTIFY]. Dcertification ] enlal of shall be subject to 16 judicial review. SJR006a _ 1 _ SJR 6 I * Sec. 3. Article XI, sec. 4, Constitution of the State of Alaska, is amended to read: 2 SECTION 4. INITIATIVE ELECTION. An initiative petition may be filed 3 at any time. The lieutenant governor shall prepare a ballot title and proposition 4 summarizing the proposed constitutional amendment or law, and shall place them 5 on the ballot for the first statewide election held more than one hundred twenty days 6 after adjournment of the legislative session following the filing. If, before the election, 7 substantially the same constitutional amendment has been proposed by the 8 legislature or substantially the same law [MEASURE] has been enacted, the petition 9 is void. 10 Sec. 4. Article XI, sec. 6, Constitution of the State of Alaska, is amended to read: 11 SECTION 6. DISPOSITION OF PROPOSED CONSTITUTIONAL 12 AMENDMENT OR LAW OR OF ACT REFERRED. (a) [ENACTMENT. IF 13 A MAJORITY OF THE VOTES CAST ON THE PROPOSITION FAVOR ITS 14 ADOPTION, THE INITIATED MEASURE IS ENACTED. IF A MAJORITY OF 15 THE VOTES CAST ON THE PROPOSITION FAVOR THE REJECTION OF AN 16 ACT REFERRED, IT IS REJECTED.] The lieutenant governor shall certify the 17 returns of an election conducted under Section 4 or 5 of this article [RETURNS]. 18 (b) If two-thirds of the votes cast on a proposed constitutional 19 amendment favor its adoption, the proposed amendment becomes effective. An 20 initiated constitutional amendment becomes effective thirtv days after the 21 certification of the election returns by the lieutenant governor. 22 (c) If a majority of the votes cast on a proposed law favors its enactment, 23 the proposed law is enacted. An initiated law becomes effective ninety days after 24 the certification of the election returns by the lieutenant governor, is not subject to 25 veto, [AND] may not be repealed by the legislature within two years of its effective 26 date, and [. IT] may be amended at any time. 27 (d) If a majority of the votes cast on an act referred favors the rejection 28 of the act referred, the act is rejected. An act rejected by referendum is void thirty 29 days after certification of the election returns by the lieutenant governor. 30 (e) Additional procedures for the initiative and referendum may be prescribed 31 by law. 32 Sec. 5. Article XIII, sec. 1, Constitution of the State of Alaska, is amended to read: SJR 6 -2- SJR006a I SECTION 1. AMENDMENTS PROPOSED BY LEGISLATURE. 2 Amendments to this constitution may be proposed b a two-thirds Y P p y vote of each house 3 of the legislature. The lieutenant governor shall prepare • • g p p e a ballot title and proposition 4 summarizing each [PROPOSED]amendment ro osed p p by the le islature, and shall 5 place them on the ballot for the next general election. If a ' g majority of the votes cast 6 on the proposition favors [FAVOR] the amendment it sha ll be adopted. Unless 7 otherwise provided in the amendment, it becomes effective ective thirty days after the S certification of the election returns b the lieutenant governor. • Y g or. Amendments to this 9 constitution ma-v also be vrovosed b the initiative unde r Article XI. 10 Sec. 6. The amendments proposed b this resolution shall b Y e placed before the voters of 11 the state at the next general election in conformitywith art. XIII ' ,sec. 1, Constitution of the 12 State of Alaska, and the election laws of the state. SJR006a _3_ SJR 6 SUGGESTED BY: Council City of Kenai RESOLUTION NO. 93-19 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SUPPORTING HJR7 AND SJR8 WHICH AUTHORIZE THE USE OF THE INITIATIVE TO AMEND THE CONSTITUTION OF THE STATE OF ALASKA (BY A MAJORITY OF VOTES CAST) AND AMENDING THE REQUIREMENTS RELATING TO APPLICATIONS FOR INITIATIVES AND REFERENDA. WHEREAS, the present method used to amend the Constitution of the State of Alaska has proved to be very cumbersome and has not satisfactorily met the needs of the people of the state of Alaska; and, WHEREAS, the people of the state of Alaska should have the right to propose an act and enact constitutional amendments and laws by the initiative and approve or reject acts of the legislature by the referendum method; and, WHEREAS, the people of the state of Alaska wish to amend the constitution to allow a majority of votes cast on a proposed constitutional amendment in favor of adoption to be an acceptable } method of amending the constitution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that HJR7 and SJR8 be supported so that amendments to the Constitution of the State of Alaska may be initiated by the citizens of Alaska and approved by a majority of the votes cast on the proposed amendment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April, 1993, John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk clf 8-LS0235\A HOUSE JOINT RESOLUTION NO. 7 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY REPRESENTATIVE SITTON Introduced: 1/11/93 Referred: State Affairs, Judiciary, Finance A RESOLUTION 1 Proposing amendments to the Constitution of the State of Alaska authorizing the 2 use of the initiative to amend the Constitution of the State of Alaska and 3 amending the requirements relating to applications for initiatives and referenda. 4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5 6 7 8 9 10 11 12 13 14 15 16 Section 1. Article XI, sec. 1, Constitution of the State of Alaska, is amended to read: SECTION 1. INITIATIVE AND REFERENDUM. The ma people Ypropose and enact constitutional amendments and laws by the initiative, and approve or reject pP J acts of the legislature by the referendum. Sec. 2. Article XI, sec. 2, Constitution of the State of Alaska, is amended to read: SECTION 2. APPLICATION. An initiative or referendum is y b an proposed application containing the constitutional amendment or proposed law[BILL]to be p p initiated or the act to be referred. The application shall be signed b not less than one g Y hundred qualified voters as sponsors, and shall be filed with the lieutenant governor. An initiative aimlication shall conform to the requirements of Section 13 of Article II except that the enacting clause for a constitutional amendment shall be: "Be it resolved by the People of the State of Alaska.", and the enacting clause for a HJR007a -1- HJR 7 I proposed law shall be "Be it enacted by the People of the State of Alaska." The 2 application shall set out the language of the proposed constitutional amendment 3 or proposed law substantially as required by law and legislative rule applicable 4 to proposals to amend this constitution or to bills for proposed laws, as 5 appropriate. A referendum application shall make reference to the session law 6 that contains the act of the legislature to be referred. The lieutenant governor 7 mav deny certification of the application only if it does not conform to the 8 requirements of this section or it does not comply with the requirements of 9 Section 5 or Section 7 of this article. The lieutenant governor has plenary 10 authority to determine whether to certify or denv certification to an application 11 under this section, but the decision to approve or deny [IF HE FINDS IT IN 12 PROPER FORM HE SHALL SO CERTIFY. DENIAL OF] certification shall be 13 subject to judicial review. 14 Sec. 3. Article XI, sec. 4, Constitution of the State of Alaska, is amended to read: 15 SECTION 4. INITIATIVE ELECTION. An initiative petition may be filed 16 at any time. The lieutenant governor shall prepare a ballot title and proposition 17 summarizing the proposed constitutional amendment or law, and shall place them 18 on the ballot for the first statewide election held more than one hundred twenty days 19 after adjournment of the legislative session following the filing. If, before the election, 20 substantially the same constitutional amendment has been proposed by the 21 legislature or substantialiv the same law [MEASURE] has been enacted, the petition 22 is void. 23 Sec. 4. Article XI, sec. 6, Constitution of the State of Alaska, is amended to read: 24 SECTION 6. DISPOSITION OF PROPOSED CONSTITUTIONAL 25 AMENDMENT OR LAW OR OF ACT REFERRED. (a) [ENACTMENT. IF A 26 MAJORITY OF THE VOTES CAST ON THE PROPOSITION FAVOR ITS 27 ADOPTION, THE INITIATED MEASURE IS ENACTED. .IF A MAJORITY OF 28 THE VOTES CAST ON THE PROPOSITION FAVOR THE REJECTION OF AN 29 ACT REFERRED, IT IS REJECTED.] The lieutenant governor shall certify the 30 returns of an election conducted. under Section 4 or 5 of this article [RETURNS]. 31 (b) If a majority of the votes cast on the proposed constitutional 32 amendment favors its adoption, the proposed amendment becomes effective. An HJR 7 -2- HJR007a I initiated constitutional amendment becomes effective thirty days after the 2 certification of the election returns by the lieutenant governor. 3 (c) If a majority of the votes cast on the proposed law favors its 4 enactment, the proposed law is enacted. An initiated law becomes effective ninety 5 days after the certification of the election returns by the lieutenant governor, is not 6 subject to veto, [AND] may not be repealed by the legislature within two years of its 7 effective date. and [. IT] may be amended at any time. 8 (d) If a majority of the votes cast on an act referred favors the resection 9 of the act referred, the act is rejected. An act rejected by referendum is void thirty 10 days after certification of the election returns by the lieutenant governor. 11 (e) Additional procedures for the initiative and referendum may be prescribed 12 by law. 13 * Sec. 5. Article XIII, sec. 1, Constitution of the State of Alaska, is amended to read: 14 SECTION 1. AMENDMENTS. Amendments to this constitution may be 15 proposed by a two-thirds vote of each house of the legislature. The lieutenant 16 governor shall prepare a ballot title and proposition summarizing each [PROPOSED] 17 amendment proposed by the legislature, and shall place them on the ballot for the 18 next general election. If a majority of the votes cast on the proposition favors 19 [FAVOR] the amendment, it shall be adopted. Unless otherwise provided in the 20 amendment, it becomes effective thirty days after the certification of the election 21 returns by the lieutenant governor. Amendments may also be proposed by the 22 initiative under Article XI. 23 * Sec. 6. The amendments proposed by this resolution shall be placed before the voters of 24 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 25 State of Alaska, and the election laws of the state. HJR007a -3- HJR 7 8-LS01831A HOUSE JOINT RESOLUTION NO. 8 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY REPRESENTATIVES MARTIN, Kott, Green Introduced: 1/11/93 Referred: State Affairs, Judiciary, Finance A RESOLUTION 1 Proposing amendments to the Constitution of the State of Alaska authorizing the 2 use of the initiative to amend the Constitution of the State of Alaska. 3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. Article XI, sec. 1, Constitution of the State of Alaska, is amended to read: 5 SECTION 1. INITIATIVE AND REFERENDUM. The people may propose 6 and enact constitutional amendments and laws by the initiative, and approve or reject 7 acts of the legislature by the referendum. 8 * Sec. 2. Article XI, sec. 2, Constitution of the State of Alaska, is amended to read: 9 SECTION 2. APPLICATION. An initiative or referendum is proposed by an 10 application containing the constitutional amendment or proposed law [BILL] to be 11 initiated or the act to be referred. The application shall be signed by not less than one 12 hundred qualified voters as sponsors, and shall be filed with the lieutenant governor. 13 The lieutenant governor shall certify the application if it is [IF HE FINDS IT] in 14 proper form [HE SHALL SO CERTIFY]. Denial of certification shall be subject to r("` 15 judicial review. 16 * Sec. 3. Article XI, sec. 4, Constitution of the State of Alaska, is amended to read: HJR008a 4- RJR 8 I SECTION 4. INITIATIVE ELECTION. An initiative petition may be filed 2 at any time. The lieutenant governor shall prepare a ballot title and proposition 3 summarizing the proposed constitutional amendment or law, and shall place them 4 on the ballot for the first statewide election held more than one hundred twenty days 5 after adjournment of the legislative session following the filing. If, before the election, 6 substantially the same constitutional amendment has been proposed by the 7 legislature or substantially the same law [MEASURE] has been enacted, the petition 8 is void. 9 * Sec. 4. Article XI, sec. 6, Constitution of the State of Alaska, is amended to read: 10 SECTION 6. DISPOSITION OF PROPOSED CONSTITUTIONAL 11 AMENDMENT OR LAW OR OF ACT REFERRED. (a) [ENACTMENT. IF A 12 MAJORITY OF THE VOTES CAST ON THE PROPOSITION FAVOR ITS 13 ADOPTION, THE INITIATED MEASURE IS ENACTED. IF A MAJORITY OF 14 THE VOTES CAST ON THE PROPOSITION FAVOR THE REJECTION OF AN 15 ACT REFERRED, IT IS REJECTED.] The lieutenant governor shall certify the 16 returns of an election conducted under Section 4 or 5 of this article [RETURNS]. 17 (b) If a majority of the votes cast on the proposed constitutional 18 amendment favors its adoption, the proposed amendment becomes effective. An 19 initiated constitutional amendment becomes effective thirty days after the 20 certification of the election returns by the lieutenant governor. 21 (c) If a majority of the votes cast on the proposed law favors its 22 enactment, the proposed law is enacted. An initiated law becomes effective ninety 23 days after the certification of the election returns by the lieutenant governor, is not 24 subject to veto, [AND] may not be repealed by the legislature within two years of its 25 effective date. and [. IT] may be amended at any time. 26 (d) If a majority of the votes cast on an act referred favors the rejection 27 of the act referred, the act is rejected. An act rejected by referendum is void thirty 28 days after certification of the election returns by the lieutenant governor. 29 (e) Additional procedures for the initiative and referendum may be prescribed 30 by law. 31 * Sec. 5. Article XIII, sec. 1, Constitution of the State of Alaska, is amended to read: 32 SECTION 1. AMENDMENTS. Amendments to this constitution may be RJR 8 -2- RJR008a I proposed by a two-thirds vote of each house of the legislature. The lieutenant �^ 2 governor shall prepare a ballot title and proposition summarizing each [PROPOSED] 3 amendment proposed by the legislatureand shall place them on the ballot for the 4 next general election. If a majority of the votes cast on the proposition favors 5 [FAVOR] the amendment, it shall be adopted. Unless otherwise provided in the 6 amendment, it becomes effective thirty days after the certification of the election 7 returns by the lieutenant governor. Amendments orgy also be proposed by the 8 initiative under Article XI. 9 * Sec. 6. The amendments proposed by this resolution shall be placed before the voters of 10 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 11 State of Alaska, and the election laws of the state. 7 HJR008a -3- HJR 8 d-b !"` SUGGESTED BY: Council City of Kenai RESOLUTION NO. 93-20 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SUPPORTING HB 125/SB89 AND HB124/CSSB88 MAKING APPROPRIATIONS AVAILABLE FOR CAPITAL PROJECT MATCHING GRANT PROGRAMS AND ESTABLISHING A LOCAL SHARE REQUIREMENT FOR CAPITAL PROJECT GRANTS TO MUNICIPALITIES, NAMED RECIPIENTS, AND UNINCORPORATED COMMUNITIES. WHEREAS, HB125 and SB 89 appropriates $65,300,000 from the general fund to the municipal capital project matching grant fund in the Department of Administration to provide grants to municipalities under the municipal capital project matching grant program; and, WHEREAS, the city of Kenai has often provided matching monies for capital project grants received from the state of Alaska and expects to continue this practice in the foreseeable future; and, WHEREAS, the city of Kenai recognizes that as the time passes and the availability of capital grant funds become less and less, a ,... new method of funding capital grant requests must be recognized or developed by the state of Alaska. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the legislature be requested to amend effective date of the appropriatio from which the grant or draw is funded after June 30, 1994 and the local share percentage associated with that date to read as follows:' a. 50% for a municipality with, or a named grant recipient located in a municipality with a population of 10,000 or more. b. 30% for a municipality with, or a named grant recipient located in a municipality with a population of 5,000 to 9,999. FURTHER, BE IT RESOLVED, that HB125/SB89 AND HB124/CSSB88 be supported to make appropriations available for capital project matching grant programs and to establish a local share requirement for capital project grants to municipalities. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April, 1993. ATTEST: Carol L. Freas, City Clerk clf John J. Williams, Mayor 8-GH 1061.A HOUSE BILL NO. 125 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: 2/3/93 Referred: Community & Regional Affairs, State Affairs, Finance Funding Information: General Fund $ 67,000,000 Other Funds .0- $ 67,000,000 A BILL FOR AN ACT ENTITLED 1 "An Act making appropriations for capital project matching grant programs; and 2 providing for an effective date." 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. The sum of $65,300,000 is appropriated from the general fund to the 5 municipal capital project matching grant fund (AS 37.06.010(b)) in the Department of 6 Administration to provide grants to municipalities under the municipal capital project matching 7 grant program. 8 * Sec. 2. The sum of $1,700,000 is appropriated from the general fund to the 9 unincorporated community capital project matching grant fund (AS 37.06.020(b)) in the 10 Department of Community and Regional Affairs to provide grants to unincorporated 11 communities under the unincorporated community capital project matching grant program. 12 * Sec. 3. This Act takes effect July 1, 1993, only if an Act establishing the capital project 13 matching grant programs is enacted. HB0125a -1- HB 125 New Text Underlined (DELETED TEXT BRACKETED) 8-GS1061.A SENATE BILL NO. 89 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: 2/3/93 Referred: CRA, FIN Funding Information: General Fund $ 67,000.000 Other Funds -0- $ 67,000.000 A BILL FOR AN ACT ENTITLED r� 1 "An Act making appropriations for capital project matching grant programs; and 2 providing for an effective date." 3 BE IT ENACTED BY THE LEGISLATURE OF THE STAVE OF ALASKA: 4 * Section 1. The sum of $65,300,000 is appropriated from the general fund to the 5 municipal capital project matching grant fund (AS 37.06.010(b)) in the Department of 6 Administration to provide grants to municipalities under the municipal capital project matching 7 grant program. 8 * Sec. 2. The sum of $1,700,000 is appropriated from the general fund to the 9 unincorporated community capital project matching grant fund (AS 37.06.020(b)) in the 10 Department of Community and Regional Affairs to provide grants to unincorporated 11 communities under the unincorporated community capital project matching grant program. 12 * Sec. 3. This Act takes effect July 1, 1993, only if an Act establishing the capital project 13 matching grant programs is enacted. S110089a -I- SB 89 New Text Underlined (DELETED TEXT BRACKETED) 8-GH1018.A HOUSE BILL NO. 124 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: 2/3/93 Referred: Community & Regional Affairs, State Affairs, Finance A BILL FOR AN ACT ENTITLED 1 "An Act relating to grants to municipalities, named recipients, and unincorporated 2 communities; establishing capital project matching grant programs for municipalities 3 and unincorporated communities; establishing a local share requirement for capital 4 project grants to municipalities, named recipients, and unincorporated communities; 5 and providing for an effective date." 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7 * Section 1. PURPOSE. (a) The legislature recognizes the continued need for state- 8 funded capital projects (1) that are of regional or statewide significance, (2) that meet basic 9 needs, such as educational facility projects constructed under AS 14.11 and village safe water 10 projects, or (3) for which costs will exceed the amount available to a municipality or a 11 community under the capital project matching grant program. The legislature also recognizes 12 the continued need for legislatively directed funding of other capital projects. 13 (b) It is the purpose of this Act to HB0124a -1. HB 124 New Text Underlined [DELETED TEXT BRACKETED] 1 (1) provide a capital project funding system that is equitable to municipalities, 2 unincorporated communities, and named grant recipients throughout the state; 3 (2) enhance the role of communities. in initiating and prioritizing the 4 construction of capital projects; 5 (3) encourage a sense of local ownership in capital projects by requiring local 6 participation in the funding of those projects; and 7 (4) improve the process for making grants for capital projects by providing a 8 more orderly and thoughtful planning process that involves the local community, the executive 9 branch, and the legislature. 10 * Sec. 2. AS 36.10.180(a) is amended to read: 11 (a) The preferences established in AS 3.6.10.150,- 36.10.175 apply to work 12 performed 13 (1) under a contract for construction, repair, preliminary surveys, 14 engineering studies, consulting, maintenance work, or any other retention of services 15 necessary to complete a given project that is let by the state or an agency of the state, 16 a department, office, state board, commission, public corporation, or other 17 organizational unit of or created under the executive, legislative, or judicial branch of 18 state government, including the University of Alaska and the Alaska Railroad 19 Corporation, or by a political subdivision of the state including a regional school board 20 with respect to an educational facility under AS 14.11.020; 21 (2) on a public works project under a grant to a municipality under 22 AS 37.05.315 or AS 37.06.0109 23 (3) on a public works project under a grant to a named recipient under 24 AS 37.05.316; 25 (4) on a public works project under a grant to an unincorporated 26 community under AS 37.05.317 gr AS 37.06.020; and 27 (5) on any other public works project or construction project that is 28 funded in whole or in part by state money. 29 * Sec. 3. AS 37.05.315(a) is amended to read: 30 (a) When an amount is appropriated or allocated as a grant to a municipality, 31 the Department of Administration shall promptly notify the municipality of the HB 124 -2- HB0124a New Text Underlined (DELETED TEXT BRACKETED) I availability of the grant. When the Department of Administration receives an •^�, 2 agreement executed by the municipality which provides that the municipality (1) will 3 spend the grant for the purposes specified in the appropriation or allocation; (2) will 4 allow, on request, an audit by the state of the uses made of the grant; and (3) assures 5 that, to the extent consistent with the purpose of the appropriation or allocation, the 6 facilities and services provided with the grant will be available for the use of the 7 general public, the Department of Administration shall pay the grant directly to the 8 municipality. The agreement executed by a municipality under this section shall be 9 on a form furnished by the Department of Administration and shall be executed within 10 60 days after the effective date of the appropriation or allocation. As provided in 11 AS 37.06.030, for each Qrant to a municipality under this section for a capital 12 project, as defined in AS 37.07.120, the municipality shall contribute a local share 13 of the cost of the capital project for which the grant is made. 14 * Sec. 4. AS 37.05.316(a) is amended to read: 15 (a) When an amount is appropriated or allocated to a department as a grant for 16 a named recipient that is not a municipality, the department to which the appropriation 17 or allocation is made shall promptly notify the named recipient of the availability of 18 the grant and request the named recipient to submit a proposal to provide the goods 19 or services specified in the appropriation act for which the appropriation or allocation 20 is made. At the same time, the department may issue a request for proposals from 21 other qualified persons to provide the same goods or services in the same area. The 22 department shall award the grant to the named recipient unless the Office of the 23 Governor, with due regard for the local expertise or experience of those making 24 proposals, determines that an award to a different party would better serve the public 25 interest. If the grant is awarded to a party other than that named by the legislature, 26 the basis of that action shall be stated in writing at the time the grant is issued and a 27 copy of the written statement shall be sent to the Legislative Budget and Audit 28 Committee. A grant agreement must be executed within 60 days after the effective 29 date of the appropriation or allocation. As provided in AS 37.06.030, for each grant 30 made under this section for a capital Qroiect, as defined in AS 37.07.120, the 31 named grant recipient shall contribute a local share of the cost of the capital HB0124a -3- HB 124 New Text Underlined [DELETED TEXT BRACKETED] I project for which the grant is made. 2 * Sec. 5. AS 37.05.317(a) is amended to read: 3 (a) When an amount is appropriated or allocated as a grant under this section 4 to an unincorporated community, it shall be disbursed as follows: 5 (1) Within 45 days after the effective date of the appropriation or 6 allocation, the Department of Community and Regional Affairs shall notify the 7 governing body of the unincorporated community, if any, that a grant is available. 8 (2) The Department of Community and Regional Affairs shall 9 determine if there is a qualified incorporated entity in the community area that will 10 agree to receive the grant and administer it, subject to terms generally applicable to 11 private grantees. If there is more than one such entity, the Department of Community 12 and Regional. Affairs shall select the most qualified and the grant shall be awarded to 13 that incorporated entity for the purposes specified in the appropriation act. However, 14 the Department of Community and Regional Affairs shall give preference to a 15 nonprofit corporation organized by a community for receipt of the grant. 16 (3) If there is no incorporated entity qualified to receive the grant, the 17 grant may not be awarded [DEPARTMENT OF COMMUNITY AND REGIONAL 18 AFFAIRS SHALL ADMINISTER THE PROGRAM AS SPECIFIED IN THE 19 APPROPRIATION ACT DIRECTLY OR THROUGH AGENTS OR CONTRACTORS 20 WITH WHOM IT MAY CONTRACT IN THE COMMUNITY AREA]. 21 * Sec. 6. AS 37.05.317 is amended by adding a new subsection to read: 22 (c) As provided in AS 37.06.030, for each- grant to an unincorporated 23. community under this section for a capital project, as defined in AS 37.07.120, the 24 incorporated entity to whom the grant is awarded shall contribute a local share of the 25 cost of the capital project for which the grant is made. 26 * Sec.. 7. AS 37.05.318 is repealed and reenacted to read: 27 Sec. 37.05.318. ADOPTION OF REGULATIONS. (a) The Department of 28 Administration for grants under AS 37.05.315, the Department of Community and 29 Regional Affairs for grants under AS 37.05.317, and a department that administers a 30 grant under AS 37.05.316 31 (1) may adopt regulations that impose additional requirements or HB 124 -4- HB0124a New Text Underlined [DELETED TEXT BRACKETED] I procedures to implement, interpret, make specific, or otherwise carry out the applicable -�� 2 provisions of AS 37.05.315 - 37.05.317 for grants administered by the department; 3 (2) shall adopt regulations providing for periodic audits of the use of 4 money for grants administered by the department, including audit of the department's 5 determination of the value of, and adequacy of the verification of the actual use of, 6 locally funded or contributed labor under AS 37.06.030 on capital projects funded 7 under AS 37.05.315 - 37.05.317. 8 * Sec. 8. AS 37 is amended by adding a new chapter to read: 9 CHAPTER 06. CAPITAL PROJECT MATCHING GRANT PROGRAMS. 10 Sec. 37.06.010. MUNICIPAL CAPITAL PROJECT MATCHING GRANT 11 PROGRAM. (a) The municipal capital project matching grant program is established 12 in the department. Grants to municipalities under this program shall be administered 13 as provided in this section. 14 (b) The municipal capital project matching grant fund is established in the 15 department and consists of appropriations to the fund. Appropriations to the fund do 16 not lapse except as provided in (f) of this section. The money in the fund is held by i� 17 the department in custody under this subsection for each municipality. The department 18 shall establish, for each municipality, an individual grant account within the fund. As 19 provided in this subsection, each fiscal year the department shall allocate, to the 20 individual grant accounts, appropriations to the fund. The department shall credit 21 interest earned on money in an individual grant account to that account. Except as 22 provided in (c) of this section, the amount allocated under this subsection to an 23 individual grant account in a fiscal year is determined by multiplying the total amount 24 appropriated to the fund during that fiscal year by a fraction, 25 (1) the numerator of which equals 26 (A) for a municipality with a population under 1,000, the 27 amount equal to that population multiplied by 1.5; 28 (B) for a municipality with a population of at least 1,000 but 29 less than 5,000, the amount equal to that population multiplied by 1.4; 30 (C) for a municipality with a population of at least 5,000 but 31 not greater than 10,000, the amount equal to that population multiplied by 1.2; HB0124a -5- HB 124 New Text Underlined [DELETED TEXT BRACKETED] 1 (D) for a municipality with a population of over 10,000, the 2 amount equal to that population; and 3 (2) the denominator of which equals the sum of the numerators 4 calculated for all municipalities under (1)(A) - (D) of this subsection. 5 (c) A minimum of $25,000 shall be allocated to each municipality's individual 6 grant account each fiscal year under (b) of this section. The department shall reduce 7 allocations under (b) of this section on a pro rata basis, based upon the population of 8 the municipalities, if necessary to fund the minimum amount for each municipality. 9 If appropriations are not sufficient to fully fund the minimum amount for each 10 municipality, the amount appropriated shall be allocated equally among the 11 municipality individual grant accounts. 12 (d) By October 1 of each fiscal year, each municipality shall submit to the 13 governor a prioritized list of capital projects and estimated costs to be financed with 14 money from the municipality's individual grant account established under (b) of this 15 section. The list must include the amount and source of the local share required by 16 AS 37.06.030. The governor shall include in the capital improvements program 17 presented to the legislature under AS 37.07.060 the projects submitted by each 18 municipality that the governor recommends for funding. If, in the capital 19 improvements program, the governor includes projects in other than the priority order 20 submitted by a municipality, the governor shall provide the legislature with a written 21 statement of the reasons for that action. 22 (e) The legislature may make appropriations, from a municipality's individual 23 grant account established under (b) of this section, to the municipality for capital 24 projects under this section. Subject to appropriations under this subsection and to the 25 local share requirements of AS 37.06.030, each municipality may draw amounts from 26 its individual grant account for planning, design, and construction of a capital project, 27 in accordance with an appropriation for that project. In accepting a draw, the 28 municipality covenants with the state that it will operate and maintain the capital 29 project for which the draw is used for the practical life of the project, and that the 30 municipality will not rely on the state to operate or maintain the capital project or pay 31 for its operation or maintenance. This requirement does not apply to use of money HB 124 .6- HB01249 New Text Underlined [DELETED TEXT BRACKETED] 1 from a draw for repair or improvement of an existing facility that is operated or 2 maintained by the state at the time that the draw is made if the repair or improvement 3 for which the draw is used will not substantially increase the operating or maintenance 4 costs to the state. The municipality, and its agents, contractors, and subcontractors 5 shall comply with the hiring preferences under AS 36.10 in hiring employees to be 6 paid wholly or in part with money from a draw. 7 (f) A municipality shall repay to the department money drawn from its 8 individual grant account if substantial, ongoing work on the capital project is not 9 started within five years after the effective date of the appropriation from which the 10 draw is funded. Money repaid shall be deposited into the general fund. Money from 11 an allocation to a municipality's individual grant account that has not been drawn out 12 by the municipality within five years after the effective date of the appropriation from 13 which the allocation is funded lapses into the general fund. 14 (g) For purposes of this section, in calculating the population of a borough the 15 population of each city in the borough is excluded. The determination of population r-- 16 shall be based upon data used by the Department of Community and Regional Affairs 17 under AS 14.17.140, AS 29.45.110, and AS 29.60.140 - 29.60.150. 18 (h) The provisions of AS 37.05.321 apply to a grant and draws made under 19 this section, and to earnings from the grant and draws. 20 (i) In this section, unless specified otherwise, "department" means the 21 Department of Administration. 22 Sec. 37.06.020. UNINCORPORATED COMMUNITY CAPITAL PROJECT 23 MATCHING GRANT PROGRAM. (a) The unincorporated community capital project 24 matching grant program is established in the department. Grants to unincorporated 25 communities under the program shall be administered as provided in this section. 26 (b) The unincorporated community capital project matching grant fund is 27 established in the department and consists of appropriations to the fund. 28 Appropriations to the fund do not lapse except as provided in (h) of this section. The 29 money in the fund is held by the department in custody under this subsection for each 30 unincorporated community eligible for an allocation under this subsection. The 31 department shall establish an individual grant account within the fund for each HBO124a -7- HB 124 New Text Underlined [DELETED TEXT BRACKETED] I unincorporated community that was entitled to receive state aid under AS 29.60.140 2 during the preceding fiscal year. As provided in this subsection, each fiscal year the 3 department shall allocate, to the individual grant accounts, appropriations to the fund. 4 An unincorporated community is eligible for an allocation in a fiscal year if the 5 community was eligible to receive state aid under AS 29.60.140 during the preceding 6 fiscal year. The department shall credit interest earned on money in an individual 7 grant account to that account. Except as provided in (c) of this section, the amount 8 allocated under this subsection to an individual grant account in a fiscal year is 9 determined by dividing the total amount appropriated to the fund during that fiscal year 10 by the number of unincorporated communities eligible for an allocation during that 11 fiscal year. 12 (c) A minimum of $25,000 shall be allocated to each eligible unincorporated 13 community's grant account each fiscal year under (b) of this section. If appropriations 14 are not sufficient to fully fund the minimum amount for each eligible unincorporated 15 community, the amount appropriated shall be allocated equally among the eligible 16 unincorporated communities. -� 17 (d) The department shall designate, in each eligible unincorporated community, 18 an incorporated nonprofit entity or a Native village council that agrees to receive and 19 spend grant money allocated to the unincorporated community's individual grant 20 account under (b) of this section. If there is more than one qualified entity in a 21 community, the department shall designate the entity that the department finds most 22 qualified to make draws from that unincorporated community's individual grant 23 account and spend the money. If there is no qualified incorporated nonprofit entity or 24 Native village council in an unincorporated community that will agree to receive and 25 spend money allocated to the community under (b) of this section, draws may not be 26 made from the unincorporated community's individual grant account and the amount 27 allocated to the account lapses into the general fund. 28 (e) By October 1 of each fiscal year, the incorporated nonprofit entity or 29 Native village council designated by the department under (d) of this section shall 30 submit to the governor a prioritized list of capital projects and estimated costs to be 31 financed with money from the community's individual grant account established under FIB 124 -8- HB0124a New Text Underlined [DELETED TEXT BRACKETED] I (b) of this section. The list must include the amount and source of the local share 2 required by AS 37.06.030. The governor shall include in the capital improvements 3 program presented to the legislature under AS 37.07.060 the projects submitted by 4 designated entities under this subsection that the governor recommends for funding. 5 If, in the capital improvements program, the governor includes projects in other than 6 the priority order submitted by a designated entity, the governor shall provide the 7 legislature with a written statement of the reasons for that action. 8 (f) The legislature may make appropriations, from an unincorporated 9 community's individual grant account established under (b) of this section, for the 10 unincorporated community for capital projects under this section. Subject to 11 appropriations under this subsection and to the local share requirements of 12 AS 37.06.030, an entity designated by the department under (d) of this section may 13 draw, on behalf of the unincorporated community, amounts from that community's 14 individual grant account for planning, design, and construction of a capital project, in 15 accordance with an appropriation for that project. In accepting a draw, an entity 16 designated by the department under (d) of this section acknowledges that the state is 17 not responsible for operating or maintaining a capital project for which the draw is 18 used, or for paying for its operation or maintenance. The acknowledgment does not 19 apply to use of money from a draw for repair or improvement of an existing facility 20 that is operated or maintained by the state at the time that the draw is made if the 21 repair or improvement for which the draw is used will not substantially increase the 22 operating or maintenance costs to the state. The designated entity, and its agents, 23 contractors, and subcontractors shall comply with the hiring preferences under 24 AS 36.10 in hiring employees to be paid wholly or in part with money from a draw. 25 (g) An entity designated by the department under (d) of this section that is a 26 Native village council may not draw money from an unincorporated community's 27 individual grant account unless the council waives immunity from suit for claims 28 arising out of activities of the council related to the draw. A waiver of immunity from 29 suit under this subsection must be on a form provided by the Department of Law. 30 Neither this subsection nor any action taken under it enlarges or diminishes the 31 governmental authority or jurisdiction of a Native village council. HBO124a -9- HB 124 New Text Underlined [DELETED TEXT BRACKETED] I (h) An entity designated by the department under (d) of this section shall repay 2 to the department money it has drawn from an unincorporated community's individual* 3 grant account if substantial, ongoing work on the project is not started within five 4 years after the effective date of the appropriation from which the draw is funded. 5 Money repaid shall be deposited into the general fund. Money from an allocation to 6 an unincorporated community's individual grant account that has not been drawn out 7 by a designated entity within five years after the effective date of the appropriation 8 from which the allocation is funded lapses into the general fund. 9 (i) The limitations of AS 44.47.140 do not apply to a grant made under this 10 section. 11 0) The provisions of AS 37.05.321 apply to a grant and draws made under this 12 section, and to earnings from the grant and draws. 13 (k) In this section, unless specified otherwise, "department" means the 14 Department of Community and Regional Affairs. 15 Sec. 37.06.030. LOCAL SHARE REQUIREMENTS. (a) For each capital 16 project grant for a municipality under AS 37.05.315, each draw made by a 17 municipality under AS 37.06.010, and each grant made to a named grant recipient I� 18 under AS 37.05.316, the municipality or named grant recipient shall contribute a local 19 share to the cost of the capital project for which the grant or draw is made. The 20 amount of the local share equals the local share percentage as calculated under (1) or 21 (2) of this subsection, divided by the state share percentage as calculated under (3) of 22 this subsection, multiplied by the amount of the grant or draw. For purposes of this 23 subsection, 24 (1) if the effective date of the appropriation from which the grant or 25 draw is funded is no later than July 1, 1994, the local share percentage is 26 (A) 30 percent for a municipality with, or a named grant 27 recipient located in a municipality with, a population of 5,000 or more; 28 (B) 15 percent for a municipality with, or a named grant 29 recipient located in a municipality with, a population of 1,000 - 4,999; 30 (C) five percent for a municipality with, or a named grant 31 recipient located in a municipality with, a population of under 1,000; HB 124 -10- HB0124a New Text Underlined [DELETED TEXT BRACKETED] I (D) five percent for a named grant recipient located in an 2 unincorporated community; 3 (2) if the effective date of the appropriation from which the grant or 4 draw is funded is after July 1, 1994, the local share percentage is 5 (A) 50 percent for a municipality with, or a named grant 6 recipient located in a municipality with, a population of 5,000 or more; 7 (B) 25 percent for a municipality with, or a named grant 8 recipient located in a municipality with, a population of 1,000 - 4,999; 9 (C) eight percent for a municipality with, or a named grant 10 recipient located in a municipality with, a population of under 1,000; 11 (D) eight percent for a named grant recipient located in an 12 unincorporated community; 13 (3) the state share percentage equals one minus the local share 14 percentage; 15 (4) the local share to be contributed by a municipality may be satisfied 16 with (A) federal, municipal, or local money; (B) labor used directly in the construction 17 of the project, land, materials, or equipment; the department shall determine the value 18 of a contribution under this subparagraph; (C) money from another nonstate source; 19 (D) money received by the municipality under AS 29.60.010 - 29.60.375; (E) state 20 taxes refunded or reimbursed to the municipality whose use for the purposes of this 21 subsection is not prohibited; and (F) allocations of state aid for the costs of school 22 construction debt under AS 14.11.100; except as provided in this paragraph, the local 23 share may not be satisfied with money from, or with the portion of an asset that was 24 obtained with money from, an appropriation, allocation, entitlement, grant, or other 25 payment from the state; 26 (5) the local share to be contributed by a named grant recipient may 27 be satisfied from (A) federal, municipal, or local money; (B) labor used directly in the 28 construction of the project, land, materials, or equipment; the department shall 29 determine the value of a contribution under this subparagraph; or (C) money from 30 another nonstate source; the local share may not be satisfied with money from, or with r�^ 31 the portion of an asset that was obtained with money from, an appropriation, HB0124a -11- HB 124 New Text Underlined [DELETED TEXT BRACKETED] I allocation, entitlement, grant, or other payment from the state; 2 (b) For each grant to an unincorporated community under AS 37.05.317 and 3 each draw made under AS 37.06.020, the incorporated entity or Native village council 4 that receives the grant or makes the draw shall contribute a local share of the cost of 5 the capital project for which the grant or draw is made. The amount of the local share 6 equals the local share percentage as calculated under (1) of this subsection, divided by 7 the state share percentage as calculated under (2) of this subsection, multiplied by the 8 amount of the grant or draw. For purposes of this subsection, 9 (1) the local share percentage is 5 percent if the effective date of the 10 appropriation from which the grant or draw is funded is no later than July 1, 1994, and 11 8 percent if the effective date is after July 1, 1994; 12 (2) the state share percentage equals one minus the local share 13 percentage; 14 (3) the local share may be satisfied from (A) federal or local money; 15 (B) locally funded or contributed labor used directly in the construction of the project, 16 land, materials, or equipment; the department shall determine the value of a 17 contribution under this subparagraph; (C) money from another nonstate source; or (D) 18 money received by the unincorporated community under AS 29.60.010 - 29.60.375; 19 except for money received under AS 29.60.010 - 29.60.375, the local share may not 20 be satisfied,with money from, or with the portion of an asset that was obtained with 21 money from, an appropriation, allocation, entitlement, grant, or other payment from the 22 state. 23 (e) For purposes of (a) of this section, in calculating the population of a 24 borough the population of each city in the borough is excluded. The determination of 25 population shall be based upon data used by the Department of Community and 26 Regional Affairs under AS 14.1.7.140, AS 29.45.110, and AS 29.60.140 - 29.60.150. 27 Sec. 37.06.080. ADOPTION OF REGULATIONS. (a) The Department of 28 Administration for grants under AS 37.06.010 and the Department of Community and 29 Regional Affairs for grants under AS 37.06.020 30 (1) may adopt regulations that impose additional requirements or 31 procedures to implement, interpret, make specific, or otherwise carry out the applicable ^ HB 124 -12- HB0124a New Text Underlined [DELETED TEXT BRACKETED] 7' 1 provisions of this chapter for grants administered by the department; 2 (2) shall adopt regulations providing for periodic audits of the use of 3 money for grants administered by the department under this chapter, including audit 4 of the department's determination of the value of, and adequacy of the verification of 5 the actual use of, locally funded or contributed labor on projects funded by a grant 6 under this chapter. 7 Sec. 37.06.090. DEFINITION. In this chapter, "capital project means the 8 same as in AS 37.07.120. 9 * Sec. 9. TRANSITION. Notwithstanding the date set out in AS 37.06.010(d), enacted by 10 sec. 8 of this Act, for capital project grants under AS 37.06.010 for fiscal year 1994 each 11 municipality shall submit to the governor its prioritized list by March 1, 1993, or by the 12 effective date of this Act, whichever is later. Notwithstanding the date set out in 13 AS 37.06.020(e), enacted by sec. 8 of this Act, for capital project grants under AS 37.06.020 14 for fiscal year 1994 the incorporated entity or Native village council designated by the 15 Department of Community and Regional Affairs for each unincorporated community shall 16 submit to the governor its prioritized list by March 1, 1993, or by the effective date of this 17 Act, whichever is later. 18 * Sec. 10. IMPLEMENTATION; APPLICABILITY. (a) Notwithstanding sec. 11 of this 19 Act, a grant for a capital project may not be disbursed or drawn upon under AS 37.05.315 - 20 37.05.317 or AS 37.06, as amended or enacted by this Act, until after June 30, 1993. 21 (b) The changes made by this Act do not apply to a grant awarded under AS 37.05 22 before the effective date of this Act. 23 * Sec. 11. This Act takes effect immediately under AS 01.10.070(c). HB0124a -13- HB 124 New Text Underlined [DELETED TEXT BRACKETED] 8-GS1018\E CS FOR SENATE BILL NO. 88(CRA) IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE SENATE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE Offered: 3/10/93 Referred: FINANCE Sponsor(s): SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR A BILL ,^ FOR AN ACT ENTITLED 1 "An Act relating to grants to municipalities, named recipients, and unincorporated 2 communities; establishing capital project matching grant programs for municipalities 3 and unincorporated communities; establishing a local share requirement for capital 4 project grants to municipalities, named recipients, and unincorporated communities; 5 and providing for an effective date." 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 7 * Section 1. PURPOSE. (a) The legislature recognizes the continued need for state- 8 funded capital projects (1) that are of regional or statewide significance, (2) that meet basic 9 needs, such as educational facility projects constructed under AS 14.11 and village safe water 10 projects, or (3) for which costs will exceed the amount available to a municipality or a 11 community under the capital project matching grant program. The legislature also recognizes 12 the continued need for legislatively directed funding of other capital projects. 13 (b) It is the purpose of this Act to SB0088b -1- CSSB 88(CRA) New Text Underlined (DELETED TEXT BRACKETED] 1 (1) provide a capital project funding system that is equitable to municipalities, 2 unincorporated communities, and named grant recipients throughout the state; 3 (2) enhance the role of communities in initiating and prioritizing the 4 construction of capital projects; 5 (3) encourage a sense of local ownership in capital projects by requiring local 6 participation in the funding of those projects; and 7 (4) improve the process for making grants for capital projects by providing a 8 more orderly and thoughtful planning process that involves the local community, the executive 9 branch, and the legislature. 10 * Sec. 2. AS 36.10.180(a) is amended to read: 11 (a) The preferences established in AS 36.10.150 - 36.10.175 apply to work 12 performed 13 (1) under a contract for construction, repair, preliminary surveys, 14 engineering studies, consulting, maintenance work, or any other retention of services 15 necessary to complete a given project that is let by the state or an agency of the state, 16 a department, office, state board, commission, public corporation, or other 17 organizational unit of or created under the executive, legislative, or judicial branch of 18 state government, including the University of Alaska and the Alaska Railroad 19 Corporation, or by a political subdivision of the state including a regional school board 20 with respect to an educational facility under AS 14.11.020; 21 (2) on a public works project under a grant to a municipality under 22 AS 37.05.315 or AS 37.06.010; 23 (3) on a public works project under a grant to a named recipient under 24 AS 37.05.316; 25 (4) on a public works project under a grant to an unincorporated 26 community under AS 37.05.317 or AS 37.06.020; and 27 (5) on any other public works project or construction project that is 28 funded in whole or in part by state money. 29 * Sec. 3. AS 37.05.315(a) is amended to read: 30 (a) When an amount is appropriated or allocated as a grant to a municipality, 31 the Department of Administration shall promptly notify the municipality of the CSSB 88(CRA) -2- SB0088b New Text Underlined [DELETED TEXT BRACKETED] I availability of the grant. When the Department of Administration receives an 2 agreement executed by the municipality which provides that the municipality (1) will 3 spend the grant for the purposes specified in the appropriation or allocation; (2) will 4 allow, on request, an audit by the state of the uses made of the grant; and (3) assures 5 that, to the extent consistent with the purpose of the appropriation or allocation, the 6 facilities and services provided with the grant will be available for the use of the 7 general public, the Department of Administration shall pay the grant directly to the 8 municipality. The agreement executed by a municipality under this section shall be 9 on a form furnished by the Department of Administration and shall be executed within 10 60 days after the effective date of the appropriation or allocation. As provided in 11 AS 37.06.030, for each grant to a municipality under this section for a capital 12 proiect, as defined in AS 37.07.120, the municipality shall contribute a local share 13 of the cost of the capital project for which the grant is made. 14 * Sec. 4. AS 37.05.316(a) is amended to read: 15 (a) When an amount is appropriated or allocated to a department as a grant for 16 a named recipient that is not a municipality, the department to which the appropriation 17 or allocation is made shall promptly notify the named recipient of the availability of 18 the grant and request the named recipient to submit a proposal to provide the goods 19 or services specified in the appropriation act for which the appropriation or allocation 20 is made. At the same time, the department may issue a request for proposals from 21 other qualified persons to provide the same goods or services in the same area. The 22 department shall award the grant to the named recipient unless the Office of the 23 Governor, with due regard for the local expertise or experience of those making 24 proposals, determines that an award to a different party would better serve the public 25 interest. If the grant is awarded to a party other than that named by the legislature, 26 the basis of that action shall be stated in writing at the time the grant is issued and a 27 copy of the written statement shall be sent to the Legislative Budget and Audit 28 Committee. A grant agreement must be executed within 60 days after the effective 29 date of the appropriation or allocation. As provided in AS 37.06.030, for each grant 30 made under this section for a capital proiect, as defined in AS 37.07.120, the 31 named grant recipient shall contribute a local share of the cost of the capital SB0088b -3- CSSB 88(CRA) New Text Underlined (DELETED TEXT BRACKETED) I protect for which the grant is made. 2 * Sec. 5. AS 37.05.317(a) is amended to read: 3 (a) When an amount is appropriated or allocated as a grant under this section 4 to an unincorporated community, it shall be disbursed as follows: 5 (1) Within 45 days after the effective date of the appropriation or 6 allocation, the Department of Community and Regional Affairs shall notify the 7 governing body of the unincorporated community, if any, that a grant is available. 8 (2) The Department of Community and Regional Affairs shall 9 determine if there is a qualified incorporated entity in the community area that will 10 agree to receive the grant and administer it, subject to terms generally applicable to 11 private grantees. If there is more than one such entity, the Department of Community 12 and Regional Affairs shall select the most qualified and the grant shall be awarded to 13 that incorporated entity for the purposes specified in the appropriation act. However, 14 the Department of Community and Regional Affairs shall give preference to a 15 nonprofit corporation organized by a community for receipt of the grant. 16 (3) If there is no incorporated entity qualified to receive the grant, the 17 grant may not be awarded [DEPARTMENT OF COMMUNITY AND REGIONAL 18 AFFAIRS SHALL ADMINISTER THE PROGRAM AS SPECIFIED IN THE 19 APPROPRIATION ACT DIRECTLY OR THROUGH AGENTS OR CONTRACTORS 20 WITH WHOM IT MAY CONTRACT IN THE COMMUNITY AREA]. 21 * Sec. 6. AS 37.05.317 is amended by adding a new subsection to read: 22 (c) As provided in AS 37.06.030, for each grant to an unincorporated 23 community under this section for a capital project, as defined in AS 37.07.120, the 24 incorporated entity to whom the grant is awarded shall contribute a local share of the 25 cost of the capital project for which the grant is made. 26 * Sec. 7. AS 37.05.318 is repealed and reenacted to read: 27 Sec. 37.05.318. ADOPTION OF REGULATIONS. (a) The Department of 28 Administration for grants under AS 37.05.315, the Department of Community and 29 Regional Affairs for grants under AS 37.05.317, and a department that administers a 30 grant under AS 37.05.316 31 (1) may adopt regulations that impose additional requirements or �A CSSB 88(CRA) -4- SB0088b New Text Underlined [DELETED TEXT BRACKETED] I procedures to implement, interpret, make specific, or otherwise carry out the applicable 2 provisions of AS 37.05.315 - 37.05.317 for grants administered by the department; 3 (2) shall adopt regulations providing for periodic audits of the use of 4 money for grants administered by the department, including audit of the department's 5 determination of the value of, and adequacy of the verification of the actual use of, 6 locally funded or contributed labor under AS 37.06.030 on capital projects funded 7 under AS 37.05.315 - 37.05.317. 8 * Sec. 8. AS 37.05.321 is amended by adding a new subsection to read: 9 (b) No more than 10 percent of the total amount of money spent on a capital 10 project funded in whole or in part with money granted under AS 37.05.315 - 37.05.317 11 may be used for administrative expenses. 12 * Sec. 9. AS 37 is amended by adding a new chapter to read: 13 CHAPTER 06. CAPITAL PROJECT MATCHING GRANT PROGRAMS. 14 Sec. 37.06.010. MUNICIPAL CAPITAL PROJECT MATCHING GRANT 15 PROGRAM. (a) The municipal capital project matching grant program is established 16 in the department. Grants to municipalities under this program shall be administered 17 as provided in this section. 18 (b) The municipal capital project matching grant fund is established in the 19 department and consists of appropriations to the fund. Appropriations to the fund do 20 not lapse except as provided in (f) of this section. The money in the fund is held by 21 the department in custody under this subsection for each municipality. The department 22 shall establish, for each municipality, an individual grant account within the fund. As 23 provided in this subsection, each fiscal year the department shall allocate, to the 24 individual grant accounts, appropriations to the fund. The department shall credit 25 interest earned on money in an individual grant account to that account. Except as 26 provided in (c) of this section, the amount allocated under this subsection to an 27 individual grant account in a fiscal year is determined by multiplying the total amount 28 appropriated to the fund during that fiscal year by a fraction, 29 (1) the numerator of which equals for a municipality with a population 30 (A) under 1,000, the amount equal to that population multiplied 31 by 1.5; SB0088b -5- CSSB 88(CRA) New Text Underlined [DELETED TEXT BRACKETED] I (B) of at least 1,000 but less than 5,000, the amount equal to 2 that population multiplied by 1.4; 3 (C) of at least 5,000 but not greater than 10,000, the amount 4 equal to that population multiplied by 1.2; 5 (D) of over 10,000, the amount equal to that population; and 6 (2) the denominator of which equals the sum of the numerators 7 calculated for all municipalities under (1)(A) - (D) of this subsection. 8 (c) A minimum of $25,000 shall be allocated to each municipality's individual 9 grant account each fiscal year under (b) of this section. The department shall reduce 10 allocations under (b) of this section on a pro rata basis, based upon the population of 11 the municipalities, if necessary to fund the minimum amount for each municipality. 12 If appropriations are not sufficient to fully fund the minimum amount for each 13 municipality, the amount appropriated shall be allocated equally among the 14 municipality individual grant accounts. 15 (d) By October 1 of each fiscal year, each municipality shall submit to the 16 governor a prioritized list of capital projects and estimated costs to be financed with 17 money from the municipality's individual grant account established under (b) of this 18 section. The list must include the amount and source of the local share required by 19 AS 37.06.030. The governor shall include in the capital improvements program 20 presented to the legislature under AS 37.07.060 the projects submitted by each 21 municipality that the governor recommends for funding. If, in the capital 22 improvements program, the governor includes projects in other than the priority order 23 submitted by a municipality, the governor shall provide the legislature with a written 24 statement of the reasons for that action. 25 (e) The legislature may make appropriations, from a municipality's individual 26 grant account established under (b) of this section, to the municipality for capital 27 projects under this section. Subject to appropriations under this subsection and to the 28 local share requirements of AS 37.06.030, each municipality may draw amounts from 29 its individual grant account for planning, design, and construction of a capital project, 30 in accordance with an appropriation for that project. In accepting a draw, the 31 municipality covenants with the state that it will operate and maintain the capital CSSB SWCRA) -6- SB9088b Now Text Underlined (DELETED TEXT BRACKETED] 1 project for which the draw is used for the practical life of the project, and that the 2 municipality will not rely on the state to operate or maintain the capital project or pay 3 for its operation or maintenance. This requirement does not apply to use of money 4 from a draw for repair or improvement of an existing facility that is operated or 5 maintained by the state at the time that the draw is made if the repair or improvement 6 for which the draw is used will not substantially increase the operating or maintenance 7 costs to the state. No more than 10 percent of the total amount of money spent on a 8 capital project funded in whole or in part with money appropriated under this 9 subsection may be used for administrative expenses. The municipality, and its agents, 10 contractors, and subcontractors shall comply with the hiring preferences under 11 AS 36.10 in hiring employees to be paid wholly or in part with money from a draw. 12 (f) A municipality shall repay to the department money drawn from its 13 individual grant account if substantial, ongoing work on the capital project is not 14 started within five years after the effective date of the appropriation from which the 15 draw is funded. Money repaid shall be deposited into the general fund. Money from 16 an allocation to a municipality's individual grant account that has not been drawn out 17 by the municipality within five years after the effective date of the appropriation from 18 which the allocation is funded lapses into the general fund. 19 (g) For purposes of this section, in calculating the population of a borough the 20 population of each city in the borough is excluded. The determination of population 21 shall be based upon data used by the Department of Community and Regional Affairs 22 under AS 14.17.140, AS 29.45.110, and AS 29.60.140 - 29.60.150. 23 (h) The provisions of AS 37.05.321 apply to a grant and draws made under 24 this section, and to earnings from the grant and draws. 25 (i) In this section, unless specified otherwise, "department" means the 26 Department of Administration. 27 Sec. 37.06.020. UNINCORPORATED COMMUNITY CAPITAL PROJECT 28 MATCHING GRANT PROGRAM. (a) The unincorporated community capital project 29 matching grant program is established in the department. Grants to unincorporated 30 communities under the program shall be administered as provided in this section. 7 31 (b) The unincorporated community capital project matching grant fund is SB0088b -7. CSSB 88(CRA) Nov Text Underlined [DELETED TEXT BRACKETED] 1 established in the department and consists of appropriations to the fund. 2 Appropriations to the fund do not lapse except as provided in (h) of this section. The 3 money in the fund is held by the department in custody under this subsection for each 4 unincorporated community eligible for an allocation under this subsection. The 5 department shall establish an individual grant account within the fund for each 6 unincorporated community that was entitled to receive state aid under AS 29.60.140 7 during the preceding fiscal year. As provided in this subsection, each fiscal year the 8 department shall allocate, to the individual grant accounts, appropriations to the fund. 9 An unincorporated community is eligible for an allocation in a fiscal year if the 10 community was eligible to receive state aid under AS 29.60.140 during the preceding 11 fiscal year. The department shall credit interest earned on money in an individual 12 grant account to that account. Except as provided in (c) of this section, the amount 13 allocated under this subsection to an individual grant account in a fiscal year is 14 determined by dividing the total amount appropriated to the fund during that fiscal year 15 by the number of unincorporated communities eligible for an allocation during that 16 fiscal year. 17 (c) A minimum of $25,000 shall be allocated to each eligible unincorporated 18 community's grant account each fiscal year under (b) of this section. If appropriations 19 are not sufficient to fully fund the minimum amount for each eligible unincorporated 20 community, the amount appropriated shall be allocated equally among the eligible 21 unincorporated communities. 22 (d) The department shall designate, in each eligible unincorporated community, 23 an incorporated nonprofit entity or a Native village council that agrees to receive and 24 spend grant money allocated to the unincorporated community's individual grant 25 account under (b) of this section. If there is more than one qualified entity in a 26 community, the department shall designate the entity that the department finds most 27 qualified to make draws from that unincorporated community's individual grant 28 account and spend the money. If there is no qualified incorporated nonprofit entity or 29 Native village council in an unincorporated community that will agree to receive and 30 spend money allocated to the community under (b) of this section, draws may not be 31 made from the unincorporated community's individual grant account and the amount CSSB 88(CRA) .8. SB0088b New Text Underlined [DELETED TEXT BRACKETED] I allocated to the account lapses into the general fund. 2 (e) By October 1 of each fiscal year, the incorporated nonprofit entity or 3 Native village council designated by the department under (d) of this section shall 4 submit to the governor a prioritized list of capital projects and estimated costs to be 5 financed with money from the community's individual grant account established under 6 (b) of this section. The list must include the amount and source of the local share 7 required by AS 37.06.030. The governor shall include in the capital improvements 8 program presented to the legislature under AS 37.07.060 the projects submitted by 9 designated entities under this subsection that the governor recommends for funding. 10 If, in the capital improvements program, the governor includes projects in other than 11 the priority order submitted by a designated entity, the governor shall provide the 12 legislature with a written statement of the reasons for that action. 13 (f) The legislature may make appropriations, from an unincorporated 14 community's individual grant account established under (b) of this section, for the 15 unincorporated community for capital projects under this section. Subject to 16 appropriations under this subsection and to the local share requirements of 17 AS 37.06.030, an entity designated by the department under (d) of this section may 18 draw, on behalf of the unincorporated community, amounts from that community's 19 individual grant account for planning, design, and construction of a capital project, in 20 accordance with an appropriation for that project. In accepting a draw, an entity 21 designated by the department under (d) of this section acknowledges that the state is 22 not responsible for operating or maintaining a capital project for which the draw is 23 used, or for paying for its operation or maintenance. The acknowledgment does not 24 apply to use of money from a draw for repair or improvement of an existing facility 25 that is operated or maintained by the state at the time that the draw is made if the 26 repair or improvement for which the draw is used will not substantially increase the 27 operating or maintenance costs to the state. No more than 10 percent of the total 28 amount of money spent on a capital project funded in whole or in part with money 29 appropriated under this subsection may be used for administrative expenses. The 30 designated entity, and its agents, contractors, and subcontractors shall comply with the 31 hiring preferences under AS 36.10 in hiring employees to be paid wholly or in part SB0088b -9- CSSB 88(CRA) Now Text Underlined [DELETED TEXT BRACKETED] I with money from a draw. 2 (g) An entity designated by the department under (d) of this section that is a 3 Native village council may not draw money from an unincorporated community's 4 individual grant account unless the council waives immunity from suit for claims 5 arising out of activities of the council related to the draw. A waiver of immunity from 6 suit under this subsection must be on a form provided by the Department of Law. 7 Neither this subsection nor any action taken under it enlarges or diminishes the 8 governmental authority or jurisdiction of a Native village council. 9 (h) An entity designated by the department under (d) of this section shall repay 10 to the department money it has drawn from an unincorporated community's individual 11 grant account if substantial, ongoing work on the project is not started within five 12 years after the effective date of the appropriation from which the draw is funded. 13 Money repaid shall be deposited into the general fund. Money from an allocation to 14 an unincorporated community's individual grant account that has not been drawn out 15 by a designated entity within five years after the effective date of the appropriation 16 from which the allocation is funded lapses into the general fund. 17 (i) The limitations of AS 44.47.140 do not apply to a grant made under this 18 section. 19 0) The provisions of AS 37.05.321 apply to a grant and draws made under this 20 section, and to earnings from the grant and draws. 21 (k) In this section, unless specified otherwise, "department" means the 22 Department of Community and Regional Affairs. 23 Sec. 37.06.030. LOCAL SHARE REQUIREMENTS. (a) For each capital 24 project grant for a municipality under AS 37.05.315, each draw made by a 25 municipality under AS 37.06.010, and each grant made to a named grant recipient 26 under AS 37.05.316, the municipality or named grant recipient shall contribute a local 27 share to the cost of the capital project for which the grant or draw is made. The 28 amount of the local share equals the local share percentage as calculated under (1) or 29 (2) of this subsection, divided by the state share percentage as calculated under (3) of 30 this subsection, multiplied by the amount of the grant or draw. For purposes of this 31 subsection, f^ CSSB 88(CRA) -10- S80088b New Text Underlined [DELETED TEXT BRACKETED] 17 1 (1) if the effective date of the appropriation from which the grant or 2 draw is funded is no later than July 1, 1994, the local share percentage is 3 (A) 30 percent for a municipality with, or a named grant 4 recipient located in a municipality with, a population of 5,000 or more; 5 (B) 15 percent for a municipality with, or a named grant 6 recipient located in a municipality with, a population of 1,000 - 4,999; 7 (C) five percent for a municipality with, or a named grant 8 recipient located in a municipality with, a population of under 1,000; 9 (D) five percent for a named grant recipient located in an 10 unincorporated community; 11 (2) if the effective date of the appropriation from which the grant or 12 draw is funded is after July 1, 1994, the local share percentage is 13 (A) 50 percent for a municipality with, or a named grant 14 recipient located in a municipality with, a population of 5,000 or more; 15 (B) 25 percent for a municipality with, or a named grant 16 recipient located in a municipality with, a population of 1,000 - 4,999; 17 (C) eight percent for a municipality with, or a named grant 18 recipient located in a municipality with, a population of under 1,000; 19 (D) eight percent for a named grant recipient located in an 20 unincorporated community; 21 (3) the state share percentage equals one minus the local share 22 percentage; 23 (4) the local share to be contributed by a municipality may be satisfied 24 with (A) federal, municipal, or local money; (B) labor used directly in the construction 25 of the project, land, materials, or equipment; the department shall determine the value 26 of a contribution under this subparagraph; (C) money from another nonstate source; 27 (D) money received by the municipality under AS 29.60.010 - 29.60.375; (E) state 28 taxes refunded or reimbursed to the municipality whose use for the purposes of this 29 subsection is not prohibited; and (F) allocations of state aid for the costs of school 30 construction debt under AS 14.11.100; except as provided in this paragraph, the local 31 share may not be satisfied with money from, or with the portion of an asset that was SB0088b -11- CSSB 88(CRA) New Text Underlined (DELETED TEXT BRACKETED) 2 3 { 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 obtained with money from, an appropriation, allocation, entitlement, grant, or other payment from the state; (5) the local share to be contributed by a named grant recipient may be satisfied from (A) federal, municipal, or local money; (B) labor used directly in the construction of the project, land, materials, or equipment; the department shall determine the value of a contribution under this subparagraph; or (C) money from another nonstate source; the local share may not be satisfied with money from, or with the portion of an asset that was obtained with money from, an appropriation, allocation, entitlement, grant, or other payment from the state; (b) For each grant to an unincorporated community under AS 37.05.317 and each draw made under AS 37.06.020, the incorporated entity or Native village council that receives the grant or makes the draw shall contribute a local share of the cost of the capital project for which the grant or draw is made. The amount of the local share equals the local share percentage as calculated under (1) of this subsection, divided by the state share percentage as calculated under (2) of this subsection, multiplied by the amount of the grant or draw. For purposes of this subsection, (1) the local share percentage is 5 percent if the effective date of the appropriation from which the grant or draw is funded is no later than July 1, 1994, and 8 percent if the effective date is after July 1, 1994; (2) the state share percentage equals one minus the local share percentage; (3) the local share may be satisfied from (A) federal or local money; (B) locally funded or contributed labor used directly in the construction of the project, land, materials, or equipment; the department shall determine the value of a contribution under this subparagraph; (C) money from another nonstate source; or (D) money received by the unincorporated community under AS 29.60.010 - 29.60.375; except for money received under AS 29.60.010 - 29.60.375, the local share may not be satisfied with money from, or with the portion of an asset that was obtained with money from, an appropriation, allocation, entitlement, grant, or other payment from the state. (c) For purposes of (a) of this section, in calculating the population of a CSSB 88(CRA) -12- SB0088b New Text Underlined (DELETED TEXT BRACKETED) 1 borough the population of each city in the borough is excluded. The determination of 2 population shall be based upon data used by the Department of Community and 3 Regional Affairs under AS 14.17.140, AS 29.45.110, and AS 29.60.140 - 29.60.150. 4 Sec. 37.06.080. ADOPTION OF REGULATIONS. The Department of 5 Administration for grants under AS 37.06.010 and the Department of Community and 6 Regional Affairs for grants under AS 37.06.020 7 (1) may adopt regulations that impose additional requirements or 8 procedures to implement, interpret, make specific, or otherwise carry out the applicable 9 provisions of this chapter for grants administered by the department; 10 (2) shall adopt regulations providing for periodic audits of the use of 11 money for grants administered by the department under this chapter, including audit 12 of the department's determination of the value of, and adequacy of the verification of 13 the actual use of, locally funded or contributed labor on projects funded by a grant 14 under this chapter. 15 Sec. 37.06.090. DEFINITION. In this chapter, "capital project" has the 16 meaning given in AS 37.07.120. 17 * Sec. 10. TRANSITION. Notwithstanding the date set out in AS 37.06.010(d), enacted 18 by sec. 9 of this Act, for capital project grants under AS 37.06.010 for fiscal year 1994 each 19 municipality shall submit to the governor its prioritized list by March 1, 1993, or by the 20 effective date of this Act, whichever is later. Notwithstanding the date set out in 21 AS 37.06.020(e), enacted by sec. 9 of this Act, for capital project grants under AS 37.06.020 22 for fiscal year 1994 the incorporated entity or Native village council designated by the 23 Department of Community and Regional Affairs for each unincorporated community shall 24 submit to the governor its prioritized list by March 1, 1993, or by the effective date of this 25 Act, whichever is later. 26 * Sec. 11. IMPLEMENTATION; APPLICABILITY. (a) Notwithstanding sec. 12 of this 27 Act, a grant for a capital project may not be disbursed or drawn upon under AS 37.05.315 - 28 37.05.317 or AS 37.06, as amended or enacted by this Act, until after June 30, 1993. 29 (b) The changes made by this Act do not apply to a grant awarded under AS 37.05 30 before the effective date of this Act. 31 * Sec. 12. This Act takes effect immediately under AS 01.10.070(c). SB0088b -13- CSSB 88(CRA) New Text Underlined [DELETED TEXT BRACKETED] e- 7 SUGGESTED BY: Council City of Kenai RESOLUTION NO. 93-21 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SUPPORTING SSHB157/SSSB116 AND SSHB156/SSSB115 TO ESTABLISH THE EDUCATIONAL FACILITIES MAINTENANCE AND CONSTRUCTION FUND AND MAKE SPECIAL APPROPRIATIONS TO THAT FUND. WHEREAS, if enacted, SSHB156 and SSSB 115 will establish an Educational Facilities Maintenance and Construction Fund for the financing of design, construction, and maintenance of public school capital projects; and, WHEREAS, if enacted, SSHB157 and SSSB116 will appropriate $592,200,000 to the educational facilities maintenance and construction fund from the February 1993 settlement agreement with British Petroleum; and, WHEREAS, the Kenai Peninsula Borough has established a need for the construction of least two and possibly more new schools within the next three years; and, WHEREAS, the Kenai Peninsula Borough presently has one of the largest outstanding school construction debts in the state of Alaska. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that SSHB157/SSSB116 and SSHB156/SSSB115 be supported to establish the Educational Facilities Maintenance and Construction Fund and make special appropriations to that fund. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April, 1993. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk clf 8-GH1067.0 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 157 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: 2/22/93 Referred: Health, Education & Social Services, Judiciary, Finance Funding Information: General Fund $630,000,000 Other Funds .0- $630,000,000 A BILL FOR AN ACT ENTITLED 1 "An Act making special appropriations to the educational facilities maintenance 2 and construction fund and the mental health trust income account; and providing 3 for an effective date." 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5 * Section 1. INTENT. It is the intent of the legislature that an amount equivalent to the 6 $630,000,000 to be received by the state from the February 1993 settlement agreement with 7 British Petroleum for income tax, penalties, and interest arising under AS 43.20 be 8 appropriated as follows: (1) $592,200,000 to the educational facilities maintenance and 9 construction fund established in AS 37.16.010; and (2) $37,800,000 to the mental health trust 10 income account established in AS 37.14.011. 11 * Sec. 2. The sum of $592,200,000 is appropriated from the general fund to the educational 12 facilities maintenance and construction fund (AS 37.16.010). 13 * Sec. 3. The sum of $37,800,000 is appropriated from the general fund to the mental 14 health trust income account (AS 37.14.011). HB0157b -1- SSHB 157 New Text Underlined (DELETED TEXT BRACKETED) I * Seca 4. The appropriations made by this Act are for capitalization of a fund or for deposit 2 in a trust account and do not lapse under AS 37.25.010. 3 * Sec. 5. This Act takes effect July 1, 1993, only if a bill establishing the educational 4 facilities maintenance and construction fund is enacted into law. SSHB 157 -2- HBO157b New. Text Underlined [DELETED TEXT' BRACKETED) 8-GS1067.0 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 116 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: 2/22/93 Referred: HES, FIN Funding Information: General Fund $630,000,000 Other Funds -0- $630,000,000 A BILL FOR AN ACT ENTITLED 1 "An Act making special appropriations to the educational facilities maintenance 2 and construction fund and the mental health trust income account; and providing 3 for an effective date." 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5 * Section 1. INTENT. It is the intent of the legislature that an amount equivalent to the 6 $630,000,000 to be received by the state from the February 1993 settlement agreement with 7 British Petroleum for income tax, penalties, and interest arising under AS 43.20 be 8 appropriated as follows: (1) $592,200,000 to the educational facilities maintenance and 9 construction fund established in AS 37.16.010; and (2) $37,800,000 to the mental health trust 10 income account established in AS 37.14.011. 11 * Sec. 2. The sum of $592,200,000 is appropriated from the general fund to the educational 12 facilities maintenance and construction fund (AS 37.16.010). 13 * Sec. 3. The sum of $37,800,000 is appropriated from the general fund to the mental 14 health trust income account (AS 37.14.011). SB0116b -1- SSSB 116 New Text Underlined (DELETED TEXT BRACKETED) I * Sec. 4. The appropriations made by this Act are for capitalization of a fund or for deposit 2 in a trust account and do not lapse under AS 37.25.010. 3 * Sec. 5. This Act takes effect July 1, 1993, only if a bill establishing the educational 4 facilities maintenance and construction fund is enacted into law. SSSB 116 .2. SB0116b New Text Underlined (DELETED TEXT BRACKETED) 8-GH1034.0 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 156 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: 2/22/93 Referred: Health, Education & Social Services, Judiciary, Finance A BILL FOR AN ACT ENTITLED 1 "An Act establishing the educational facilities maintenance and construction fund; 2 and providing for an effective date." 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. AS 37.16 is amended by adding a new section to read: 5 Sec. 37.16.010. EDUCATIONAL FACILITIES MAINTENANCE AND 6 CONSTRUCTION FUND. (a) The educational facilities maintenance and 7 construction fund is established as a separate fund in the general fund. The fund 8 consists of all money appropriated to it. 9 (b) The educational facilities maintenance and construction fund shall be 10 invested by the Department of Revenue so as to yield competitive market rates, as 11 provided in AS 37.10.071. Money in the fund may be appropriated 12 (1) to finance the design, construction, and maintenance of public 13 school capital projects; and 14 (2) for maintenance of University of Alaska capital projects. 11110156b -1- SSHB 156 New Text Underlined [DELETED TEXT BRACKETED] * Sec. 2. This Act takes effect July 1, 1993. SSHB 156 -2- HB0156b New Text Underlined [DELETED TEXT BRACKETED] SPONSOR SUBSTITUTE FOR SENATE BILL NO. 115 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: 2/22/93 Referred: HES, JUD, FIN A BILL FOR AN ACT ENTITLED 8-GS1034.0 1 "An Act establishing the educational facilities maintenance and construction fund; 2 and providing for an effective date." 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. AS 37.16 is amended by adding a new section to read: 5 Sec. 37.16.010. EDUCATIONAL FACILITIES MAINTENANCE AND 6 CONSTRUCTION FUND. (a) The educational facilities maintenance and 7 construction fund is established as a separate fund in the general fund. The fund 8 consists of all money appropriated to it. 9 (b) The educational facilities maintenance and construction fund shall be 10 invested by the Department of Revenue so as to yield competitive market rates, as 11 provided in AS 37.10.071. Money in the fund may be appropriated 12 (1) to finance the design, construction, and maintenance of public 13 school capital projects; and 14 (2) for maintenance of University of Alaska capital projects. SBO115b -1- SSSB 115 New Text Underlined (DELETED TEXT BRACKETED) * Sec. 2. This Act takes effect July 1, 1993. SSSB 115 -2- SB8115b New Text Underlined [DELETED TEXT BRACKETED] d'8 SUGGESTED BY: Council City of Kenai RESOLUTION NO. 93-22 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SUPPORTING HJR19 AND CSSJRI8 TO ESTABLISH A TRANSPORTATION FUND. WHEREAS, if enacted, HJR19 and CSSSJRI8, will establish a transportation fund from revenue after June 30, 1995, from State licenses and fees for the registration, operation, and use of motor vehicles, aircraft, and watercraft; and, WHEREAS, the legislature may then appropriate money from Transportation Fund to be used for maintenance and operation of a State or local government transportation facility, improvement and construction of harbor facilities, and to administer and enforce motor vehicle laws; and, WHEREAS, funds of this nature may be used for the maintenance and operation or reconstruction of the docking facilities located within the city of Kenai; and, WHEREAS, these dock facilities serve a public use and contribute to the collection of fees for the state of Alaska that would be used to fund this legislation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that HJR19 and CSSJRI8 be supported to establish a Transportation Fund. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of April, 1993. ATTEST: Carol L. Freas, City Clerk clf 17' John J. Williams, Mayor 8-GH 1013.A HOUSE JOINT RESOLUTION NO. 19 IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: 1/22/93 Referred: Transportation, Judiciary, Finance A RESOLUTION 1 Proposing amendments to the Constitution of the State of Alaska creating a 2 transportation fund. 3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. Article IX, sec. 7, Constitution of the State of Alaska, is repealed and 5 readopted to read: 6 SECTION 7. DEDICATED FUNDS PROHIBITED. The proceeds of any 7 State tax or license shall not be dedicated to any special purpose. This provision does 8 not prohibit the continuance of any dedication for special purposes existing on 9 April 24, 1956, and does not prohibit the dedication of revenue under Section 15 or 10 Section 18 of this article or when required by the federal government for State 11 participation in federal programs. 12 * Sec. 2. Article IX, Constitution of the State of Alaska, is amended by adding a new 13 section to read: 14 SECTION 18. TRANSPORTATION FUND. (a) The revenue received after 15 June 30, 1995, from State licenses and fees for the registration, operation, and use of 16 motor vehicles, aircraft, and watercraft, from the use of State transportation facilities, HJR019a -1- HJR 19 I including the State ferry system, and from State taxes on fuel used in and on 2 watercraft and for the propulsion of motor vehicles and aircraft, less refunds or credits, 3 and costs of collection, for State taxes on fuel as provided by law, and less costs for 4 collection of revenue from the licenses and fees as provided by law, shall be placed 5 in a transportation fund. Except as provided in (d) of this section, the legislature may 6 appropriate money from the fund only for 7 (1) the maintenance and operation of a State or local government 8 transportation facility if the facility is related to the mode of transportation from which 9 the tax, license, or fee revenue to be appropriated was originally received; 10 (2) the improvement and construction of harbor facilities if the tax, 11 license, or fee revenue to be appropriated was originally received from the use of 12 watercraft; 13 (3) the administration and enforcement of motor vehicle laws. 14 (b) This section does not apply to 15 (1) revenue received from taxes, licenses, or fees that the State collects 16 on behalf of a local government; --, 17 (2) revenue received by a public corporation whose revenue must by 18 federal law be retained and managed by the corporation; 19 (3) revenue received from the use or operation of a transportation 20 facility constructed with bond proceeds to the extent that law or bond covenants 21 require that the revenue be used for other purposes. 22 (c) The legislature shall provide by law for the management and investment 23 of the fund balance. The income earned from the management and investment of the 24 fund shall be deposited into the fund. 25 (d) An appropriation from the fund for a public purpose other than one 26 described in (a)(1) - (3) of this section may be made upon an affirmative vote of three- 27 fourths of the members of each house of the legislature. 28 * Sec. 3. The amendments proposed by this resolution shall be placed before the voters of 29 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 30 State of Alaska, and the election laws of the state. HJR 19 -2- HJR019a .7 8-GS1013\E CS FOR SENATE JOINT RESOLUTION NO. 18(TRA) IN THE LEGISLATURE OF THE STATE OF ALASKA EIGHTEENTH LEGISLATURE - FIRST SESSION BY THE SENATE TRANSPORTATION COMMITTEE Offered: 2/11/93 Referred: Finance Sponsor(s): SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR A RESOLUTION 1 Proposing amendments to the Constitution of the State of Alaska creating a 2 transportation fund. 3 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. Article IX, sec. 7, Constitution of the State of Alaska, is repealed and 5 readopted to read: 6 SECTION 7. DEDICATED FUNDS PROHIBITED. The proceeds of any 7 State tax or license shall not be dedicated to any special purpose. This provision does 8 not prohibit the continuance of any dedication for special purposes existing on 9 April 24, 1956, and does not prohibit the dedication of revenue under Section 15 or 10 Section 18 of this article or when required by the federal government for State 11 participation in federal programs. 12 * Sec. 2. Article IX, Constitution of the State of Alaska, is amended by adding a new 13 section to read: 14 SECTION 18. TRANSPORTATION FUND. (a) The revenue received after 15 June 30, 1995, from State licenses and fees for the registration, operation, and use of 16 motor vehicles, aircraft, and watercraft, from the use of State transportation facilities, SJR018b -1- CSSJR 18(TRA) I including the State ferry system, and from State taxes on fuel used in and on 2 watercraft and for the propulsion of motor vehicles and aircraft, less refunds or credits, 3 and costs of collection, for State taxes on fuel as provided by law, and less costs for 4 collection of revenue from the licenses and fees as provided by law, shall be placed 5 in a transportation fund. Except as provided in (d) of this section, the legislature may 6 appropriate money from the fund only for 7 (1) the maintenance and operation of a State or local government 8 transportation facility if the facility is related to the mode of transportation from which 9 the tax, license, or fee revenue to be appropriated was originally received; 10 (2) the improvement and construction of harbor facilities if the tax, 11 license, or fee revenue to be appropriated was originally received from the use of 12 watercraft; 13 (3) the administration of motor vehicle laws. 14 (b) This section does not apply to 15 (1) revenue received from taxes, licenses, or fees that the State collects 16 on behalf of a local government; -^ 17 (2) revenue received by a public corporation whose revenue must by 18 federal law be retained and managed by the corporation; 19 (3) revenue received from the use or operation of a transportation 20 facility constructed with bond proceeds to the extent that law or bond covenants 21 require that the revenue be used for other purposes. 22 (c) The legislature shall provide by law for the management and investment 23 of the fund balance. The income earned from the management and investment of the 24 fund shall be deposited into the fund. 25 (d) An appropriation from the fund for a public purpose other than one 26 described in (a)(1) - (3) of this section may be made upon an affirmative vote of three- 27 fourths of the members of each house of the legislature. 28 * Sec. 3. The amendments proposed by this resolution shall be placed before the voters of 29 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 30 State of Alaska, and the election laws of the state. CSSJR 18(TRA) -2- SJR018b C-9 Suggested by: Administration RESOLUTION NO. 93-23 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE 1993 LEASE OF THE KENAI PUBLIC DOCK STATION NO. 3, DOCK AREA, PAREM AREA, OFFICE, AND ONE CRANE, TO FISHHAWK FISHERIES FOR $12,000 OR $.04/LB WHICHEVER IS GREATER. WHEREAS, the City of Kenai bid dock station no. 3 on March 31, 1993 and received only one bid as follows: Minimum Price/Pound for Yearly ComMy Bagg Bid over 300.000 lb. Estimated Poundage Fishhawk Fisheries $ 12,000 $.04/lb. 800,000 WHEREAS, the recommendation of the Public Works Department is to award the lease of Dock Station No. 3 to Fishhawk Fisheries, and WHEREAS, the Council of the City of Kenai has determined that awarding the 1993 lease of Dock Station No. 3 to Fishhawk Fisheries is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai award the 1993 lease of Dock Station No. 3, dock area, parking area, office, and one crane to Fishhawk Fisheries for $12,000 or $.04/lb. whichever is PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of April, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public Works: /kv 4/1/93 00-- Suggested by: Airport COmmisL___ City of Kenai RESOLUTION NO. 93-24 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $1,870 IN THE AIRPORT LAND SYSTEM FUND FOR ADVERTISING. WHEREAS, the City wishes to advertise its float plane facility; and WHEREAS, an advertising plan approved by the Airport Commission calls for certain advertising costs to be incurred in FY93. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Airport Land System From: Airport M & O - Contingency $10870 1"--1) To: Airport M & O - Advertising $1,870 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of April, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance (4/2/93) kl a 1791-1991 CITY OF KENAI 77 'tziw 4 4 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 Memorandum To: Mayor Williams and the City Council From: Randy Ernst, Airport Manager Date: April 1, 1993 Re: Float Plane Facility Advertising The Airport Commission requests Council approval for the attached advertising campaign and logo as submitted by Pilgrim Advertising, Inc. In an ongoing effort to increase activity at the float plane facility, the ads will tout the availability of tiedowns, an automated fuel system, special incentive programs such as free weekend tiedown passes, and the remailing of our float plane facility brochures. The Commission is also interested in working with users in putting together a fly -in breakfast. If approved, the majority of the funding for this advertising is addressed in the FY93-94 budget. However, the June ad and design work, in the amount of $1,870.00, will need to be funded from this years budget which requires a transfer of funds from M & O Contingency to M & O Advertising. The Airport M & O Contingency account currently has a balance of $359,570.00. PILGRIM advertising P.O. Box 4277 34864 K-Beach Rd Soldotna, AK 99W (907) 262-8441 r Airpo� � 210 FWWW Ave • Kenai, Alaske 99611 • (907)283-7951 • (Fax)283-3014 r 1993 Proposal Kenai Float Plane Basin June 1st-30th, 1993 Time Line Anchorage Da'DaRy News- Fri. Sat. Sun. Placement of 2x2. display ad/run 12 times $1,018.92 July 1st-319t, 1993 Time Line Anchorage Daily News- Fri. Sat. Sun. Placement of W display ad/run12 times $1,018.92 August 1st-31 st, 1993 Time Line Anchorage Daily News- Fri. Sat. Sun. Placement of W display ad/run12 times $1,018.92 Sub -Total for Anchorage Daily News $3,056.76 Additlonal Advertising Logo design/camera rea /PMT $500.00 Design work, typesetfing and printing for Float Plane Basin seasonal pass $525.00 Ad design for Daily News display ad design $350.00 this includes two 2 column by 2" ads Design and print flyer for breakfast fly in $475.00 $1,850.00 Total 1993 Advertising Budget $4,906.7s Page 1 WALMIF1. HICKEL, t VE OF L&S K DEPARTMENT OF REVENUE 550W.7THAVE ANCHORAGE, ALASIG4 99501-08� AL�IL/CBEVERAGEG�IIUTA�OL BQARD March 8, 1993 Carol Freas, Clerk TV +1j�� City of Kenai ti # 210 Fidalgo MAR 1993 Kenai, AK 99611CLW g' ry c� Dear Ms. Freas : c' i6 CA we are receipt of the following applications for renewal of liquor licenses within the City of Kenai. You are being notified as required by AS O4.11.520. RESTAURANT/EATING PLACE PIZZA HUT #9 cc: Kenai Peninsula Borough LIQUOR LICENSE APPLICATION PAGE' of z aww� (pWm rmd mpwats //ISIi&U Wens) 1bfd.nbib,.dsblh.Aaifsai.od pinvmaat /DO�/7fi�>' Kaa�obnaaey..eae. This appewMbe is for: la0«k a" 0. A hre G"NW "w ❑ Tho MM eorM pwbd boaMaMy Mrl M lar Y a Typed fie^: Typo Restaurant slebb Redwine far umm Yew Pedwd m sM•11•�L:= 194s 92-01018848^�i300.Ot "" 100.00 ❑ Na" Eating PIA 0R.rd.ed 0wmt ugwo►umw a N~ ❑ Tmww at .. 111dd" 92-2546 ❑ Ae110Yon WebMa ApuMr) OR ❑ oumftmMMorlaw /Kenai =1 oak dMUq so Paw aadwrdw W-I (AG 04.11 •e(aia)) YES wno q3pkmlionwilbedwMwudmMOM nogiiwi�or NO wokw a aI .. Y apprweod by en Aboholo Miw.p. Con" MLL ! . 4%, 5 �— Tow100.00 6Mw eppdM'e «bwrhrwa ddlwde wd rrr�q addreeeaeednwMeppw"awl 90INS W DeYq jwMoorAN wr Iwny P{tta Hut kg. ? QwwMway 0"wY Nrrr wd IA.IYp Adsrr lei�brrb rN n d euaM F+ , kurani, Inc. P.O. Box 92413 10160 Kenai Sour Hwy None a)' Anchorage, Alaska 99509-2411 ' Kenai, AiaaKA. 99611 Broarooe Phan Nurrdw(b ❑ TWWANEWWXMADDleaes 283-390f ahrd be for Now wwf Rebeelon Nwee to be rind ee Pwbe "m Orin admemome b lip ISbaYadr ofprwr.w*.Yo► erwia►laaa era s0 edlee linden bwMdoAee a a � TMII�YIy (Meolpadde0 air. bsro�l�« rwMaad wMrbfpYly)T Cbawt 9drao1lirwrerb: � OMMMe rlMewead Midas: � c . Clom"Cdawb: ; ❑ A604111Ate OR ❑ Oewdwewweendbe ❑ wEr►eoMdl. ❑NeeAPpr.aa 1 ❑ Load OrdMwne No.: Fla nMUM b be eommW b: Lj Piwn wbmeled 1e Pp MwdM P% gMdod for ever and PNPwad buab " ❑ Nowl Pmpwwmwft ❑ OftmnefFmolowASodW forYNew, andRal000een Mrdbe lornanerr wilooftm r" i NaoMeo►msuhndedroeoboawaeoso►ea014dwoMf, FI�NealMwrNntdhNrdYYdwM[oMlgedkaddlMMd PACKAQt1TOM. MVille arenwwofVowwww Pploweeaywryd«opadboondrwdPadbedathe oYlwrwMavMrtlodlodnAbolgblerwaeaCanYNBoaA9 naeoewq-1 I w uW 5 AAC 0MMIS b sae ebanee deal 40111111101114 ellbll bwwOw M reParro b wr11Mn odwl ❑ YES ip NO ❑ YES OLHO ❑rM ❑ NO Mil be o1nlMMed br TrwMtOr d LWeae Ibtler and Rdeatlon appeeeeww wy. ❑ �--- yywIMOAaMdod , *d~wMwAi04.11.670. NwdnI a wrd Medina Adwew of Cunnd Lbwnae(m) ❑ AMydw 11wn1«. Any MMwenwe emwbe Intl" AS OL116f0 for PMq=M Of aPpi" All 04.1jM%4W M a Nor I dMA I bard«, ewd be deed w1r erb .pPsoYMd(isAAO104.1e,}f"orpwwwdpdep"tie, IliwftdMebwWwb: (AOewd wad ww" a eeeaaowo OV ORE TRANeP@L D Ms &Doren. AS: O MdMOr None) e[fORE TPAN6P@L SWW Aditm «l eoaeee D"Pwoolo oem" - Kuranl. M. Mat be IaM - a @PPNMw «os4PPbwM o a onpwwbn. (As s4.11.ee0) Do" ■ rained AM (aer.Moee Ilanre) Pizzo Out No. 9 Dab d' pwYen M Abrhe 46i24184 eYNi11 P 0. Box 92413 SOW AddnworLeedlonaeuobrer 10160 Kenai Spur Hwy Oey, Mdo. $Code Anchorage, Alaska 99509 Dry wd OMe Kenai. Alaska 99611 DwrPwrwb Oeloo PMee No. 552-2205 ben abode earns gogWWO e b ped SMm" wah ede too of AYMrRpepwnwrtdOwoldwaewfdfaoddeedeDaealipndwM7 YES 0 NO Brainard Agwd p4wrn end Mdrq Addnaq „urban Kuranl P,;, Box 92413 Anchorage. Alaska 99509-24!S AaoM'e Alrlw Roa11 1 YOM ,S Mwmo: y 592-220`- QOarORNTIO I SWAM"C M AIM STO01010L0■M µMe ddWO abob It n-@Mfy) Fidi Nenn deb ed w ■ " Hine AYwea Daba um %«dhows ef °""w'b* Kurbar, Kuranl _ — 3ajutte Circie Ancnorage. Alaska 99504 11l26.'Sr 161 Tim AMA OFFICE 118E ONLY Lr.e..MIAMI, od.Appwes MUM room" _ ft= 46,1 Pwyo 1(Rev.71,1) ?•AL (A LJOWR LICEMM APPLICATION PAGE 2 OF 2 .11ECTI�AiFR: T1EOFFIMIP01111111ATICK rw%" wmwmmotop imforsumg ermwmarbn. r#w �PPaKaosglplaantY owpwWan,rMorbaeMWIwwtYtaraYe■Pwrdlle Wkw* drr.8r0w0Wya04TAwwa.QW6daflall tWWWataaaar1. rl�nb Wa not �aa Innfbl f11er tilt era I,uroan All aurar. Caroim kuranl air Mlbr ` VA t Ad tr Box 924ic Flo. Box 92413 c.. atzip 00" wom"ar.ara rfncnorage, AIM.-. 99E09-2413 Aachdrife. Alaska 9950-2413 Ifomo Adbwa R daa«wd lean nrtan♦.eb...1 wn.Aealtlr�dallwnttenl nntallj aWbwaj 432E Butte :r., Ancnorage. AK 99504 4412E Butte :Ir.. AncnoraglrAijs►.a S9504 Dow d arin Noma Ph" 1AAstk anon. Da1oMeMt HU whoa war Pbam 11i2651 3si-59r2 562-22uS 1@:2�i53 33992 56?-22'vE of Id 09000"Wwomm!'m hell I Yoro AAo�ea VON*Meta l 14 President '4 Sebrestarv-treasurer full was (Do not uaa MOM* Fig relna lift om Vincent Voss i1 " Md"Addnas .-, rilalgAbeaw P.O. Box 92413, crr ge cA n pn^h� ska 99509-241, Itwno Adbaas (r dbrwo lwn "01110 HMO Ad I p drawnt I a nwNp aorwaoo) 8421 Miles Ct. Arcnorage. Ajaske gj5oi i. Ora a 1w+h 11onr Pha» war P'. 0800 WAS ►vent. » war Phww 091081 f 336-526? 562-2205 ;. ; of A"m FWOM q r.pplorr18011 F , W Ir■ W110eapa.I.dro.yav hola w AWft rtgaWWA00ao4a ll.n wwMrI swmpetdysomp r Yaaa rue■ ve m Mmeto,- V1_e Drgg102Pt Ilia brill of D000 any warlbw or awpaoN Wbar nand above now haw uny dnoe'Or' In all Ww abohdo bwrwoeo bua%ow lowrad In AMMO or any ahw sh tu9 ❑ NO YES It fww elw atalw nano of bu.r"oo.mid .db«o. See Attacnaent 'A' ny bdvtbtrl or aupwoMafsawaabd ewawswa -, mgat aow"W pwnbw to onWw atar ...dogoers=ofOWomftd otooMyalmemday,Neaaaen7 NO ❑ Yes - of Yom— aaplart en onpaafa Wont of p —.— - - - raft fMraae and aAabd by aton aypaawd I dedwe under penally of psrKlry that I have merrllrted this appkm*m, hioludng tie aoaornpur)drq ed" dules and staternerlts, and to the best of my lolordedge and belief It Is tn1e, owred and an ipises. IfuriMr owtily that I haw read and am f nWerwlth Tide 4 of fho Alaska statutes and its mplellons, and #W in a000rdana wdh AS O4.11.450, no person odw than fhs appilwnt(s) or Noensae(s) has any dlred or MtMred Anandal kltereet In the Nowmeci business. 1 agree to provide ell kMarmation roqukod by the AlcahoNc Beverage Control Board in support of this application. d elppNcatlon is for a Beverage Diepenewy or Paduge Store Manse. l certify that each applicant nwrod on this application has resided in to stab of Akaska for at Meet one year prior to the date of this application: aridlor the applowd b mram poradon regbi ered grid qualed oD do Weirms In f11e sme ol Akde for or» year prlorto the date of tflb appNation, oral of the elm elloidsws Claw resided in the slate olAbeft for at feed one year prim to fM date of Offs opptioallon. ai6awba! and woon� b bobw wathls aaeaabW Dail wttnnn d Wfwo no eft n L l• kv aanwrrbn Mpraa Iaiy =WWANOR atl71baa Fa 06- M pow 2mm.7A11) A local governing body as defined under AS 04.21.080(10) may protest the approval of the application(s) pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest of the application within 30 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, THE MUNICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT OF YOUR PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. Under regulation 15 AAC 104.145(c) the board will grant a local governing body an extension of 30 days in which to protest an application if a request is filed in writing within the original 30-day period. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please so notify us, and provide a certified copy of the regulation or ordinance if you have not previously done so. PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. Under AS O4.11.310, if applicable, a notice is also being provided to the appropriate community council within your municipality. Sincerely, Beth Nelson Records & Licensing Supervisor (907) 277-8638 ,,., .�. KENAI PARKS & RECREATION COMKISSION March 16, 1993 Kenai City Hall Dale Sandahl, Vice -Chairman 1. ROLL CALL: The meeting was called to order by Vice -Chairman Sandahl at 7:04 p.m. Commissioners present were: Carlson, Gifford, Massie, Sandahl, and Seibert; Hultberg was excused. Also present was Mr. McGillivray from the City of Kenai. McGillivray asked to add the budget under Old Business. Hearing no objections, the agenda was approved. 3. PERSON SCHEDULED TO BE HEARD: None. 4. APPROVAL OF MINUTES OF FEBRUARY 9 1993: Hearing no objections, the February 9, 1993, minutes stood approved as written. 5. DIRECTOR'S REPORT: Basketball season is now finished and it was a good year with few problems. A Peninsula invitational tournament was scheduled; however, some of the teams that signed up had to back out, so it was cancelled. Next year Anchorage and Matsu Valley teams will be invited to get more teams involved. The trophies for the invitational were ordered and received so next year trophies will already be on hand. McGillivray, Bob Frates and Loretta Breeden met with some federal representatives for an informational meeting regarding a federal urban forestry program. A landscape architect from Tennessee was brought up to draw up plans and he is now getting out to the areas to look at them to see what might be done. A grant can be applied for trees and shrubberies to be planted inside cities where vegetation has deteriorated. The mayor will soon be putting out a proclamation regarding the "Year of Beautification". The Chamber is also getting involved. The roses and lilacs have been ordered from Washburn Nursery in Palmer and should be available around May 17. Discussion regarding the heartiness of the rose bushes involving blowing wind and pest control. KENAI PARKS & RECREATION COMMISSION March 16, 1993 Page - 2 April 20-23, 1993, McGillivray will be attending the Northwest Regional Council meetings at the WRPA conference in Olympia, Washington. McGillivray passed around a copy of the last DEC inspection where the Teen Center was given 97%. 6. OLD"BUSINESS: A. Budget. McGillivray met with Charlie Brown regarding the proposed budget. At first he slashed from Parks and Beautification what amounted to 3.5 summer -hire positions; but in their discussion, it was put back into the budget. Even though there are now more areas to maintain, the summer hours have not been increased which will make it very tight. About $500 was cut from transportation but that was also put back in because of McGillivray's involvement with the Northwest Regional Council. An increase in utilities was made. A tractor and pickup was requested. The tractor stayed with a recommendation to be paid for by the Daubenspeck property money, but the pickup was cut. He cut out $3,500 from Repair & Maintenance for new Christmas lights, repairs to transformers, and cemetery openings. The fire pit was also cut. A $2,000 cut was made in operating supplies. Charlie Brown will be making notes on each change he made to the budget for the Council's information. McGillivray will notify the Commissioners when the Council will have public work sessions regarding the budget. B. Playground Equipment. It now appears the playground equipment will be put into place in June because the ball fields will need to be revamped in May. 7. NEN BUSINESS: None. 31005.77 The Arco -Jesse Owens Games will be June 29, 1993, and this will be their 29th year. 9. ADJOURNMENT: MASSIE MOVED TO ADJOURN THE MEETING AND SEIBERT SECONDED. SANDAHL ADJOURNED THE MEETING AT 7:37 P.M. Resp tfully sub ted, Ea lene Reed, R cording Secretary KZNAI PLANNING & ZONING CONNI88ION March 24, 1993 - 7:00 P.M. City Hall Council Chambers k4�a 1. ROLL CALL 20 APPROVAL OF AGENDA 3. APPROVAL OF KINUTE8 - March 10, 1993 4, PIMSON8 PRNSENT SCHEDULED TO HE HEARD 5. PUBLIC HEARINGS a. Resolution PZ 93-8: CUP - AAA Taxi (continuation) b. Resolution PZ 93-9: Encroachment - Blanning C. Resolution PZ 93-10: CUP - Grubb 6. PLANNING a. Resolution PZ 93-11: Home Occupation - Whitford a. Resolution PZ 92-26: Rezone - See (Tabled for one year from 10/14/92) 9. CODE ENFORCEI[ENT ITEKS a. Quandt Property 10. REPORTS a. City Council b. Borough Planning C. City Administration 11, PERSONS PRE8ENT NOT SCHEDULED 12. INFORMATION ITMw 13, COMI88ION COMMTS 6 OUESTIONS 14. ADJOURDD[BNT 17 Zy,;� KENAI PLANNING i ZONING COMMISSION March 24, 1993 - 7:00 P.K. City Hall Council Chambers MINUTES 1. ROLL CALL Commissioners present: Duane Bannock, Phil Bryson, Carl Glick, Ron Goecke, Paul Hanson, Lori McComsey Also present: Councilman Hal Smalley Jack La Shot, City Engineer Loretta Harvey, Administrative Assistant 2. APPROVAL OF AGENDA MOTION AND VOTE: BRYSON MOVED APPROVAL OF AGENDA AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. GOECKE SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES - Mash 10, 1993 Councilman Smalley noted that he had attended the meeting but his name had been omitted. MOTION AND VOTE: HANSON MOVED APPROVAL OF AGENDA AS AMENDED AND ASKED FOR UNANIMOUS CONSENT. GOECKE SECONDED. PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PUBLIC HEARINGS Vice Chairman Glick opened the Public Hearing at approximately 7:05 p.m. ***PUBLIC HEARING*** Brent Hibbert - Evening, my name is Brent Hibbert, Alaska Cab. I have, the home occupation was turned down a few weeks ago when I applied for it. So for the conditional use permit (CUP) we, Duane and my two neighbors, Jason and Brett had a little meting. Not much was settled at this little meeting we had. What I asked the Commissioners, is that I will not run my cars out to my residence but to let me keep no more than two of my vehicles out there. The one I drive and the one my wife will drive. My taxis I'm talking about. And I also ask, if on occasion when I may need to do a little maintenance, headlights, tires, things in that nature, to be able to run this car out and change a tire. We will cut down on the traffic I generate in and out of there which my neighbors have a problem with. When they do come in I'll have them use a RO KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 2 different route so they are not coming by Jason's house, because his road is not maintained by the City. I will keep the traffic down on it. I will have all work done on a taxi will be done inside the garage, where no one would see it. And there would be no cars parked outside other than the two I am asking that I can keep out there. In the Home occupations code here, it lists the things that are permitted in the rural residential. Some of them are: art studio; daycare; beauty parlors; and tutoring. They also generate traffic. I want to try to get along with my neighbors and if I can do it this way without generating traffic this will help me, I feel, get along with my neighbors. Any questions? Glick - Do any Commissioners have questions? Goecke - These two cars you're talking about, if I understood correctly, one of them is the cab that you drive and the other one would be your personal car. Is that right? Hibbert - No, it would be two cabs. One that I drive and my wife drives in the summer on occasion. She would also drive one. Most of the time there would not be two cars there because they're on the road at all times. I tried not to have any cars there. I try to keep them out. But there would be no more than two there. '� Glick - Any other questions of Mr. Hibbert? Hibbert - Thank you. Glick - Is there anyone else in the audience who would like to comment on this resolution? Jason Elson, PO Box 2712, Kenai, Mr. Chairman, Commissioners, forgive my appearance (referring to fire department uniform). I am here on a personal matter. As Mr. Hibbert stated we did meet last week with Commissioner Bannock in regards to this matter and as he stated we were unable to come to any real compromise in regards to that situation. My concerns are still such that any kind of compromise, we still have a commercial operation running in a residential area. The compromise will always be subject to breaching. You know, it's fine to say one thing one day and then a year down the road we're into the same situation we're at right now. Again, my concerns are the impact on the neighborhood, the increased traffic, the safety to the residents of the neighborhood and their children, and if we want to get right down to it the market values of the homes in the neighborhood as well, when you bring in a commercial industry. What happens to the value of my property and my housing unit, if and when I decide to sell, if I have a commercial unit next to me? ^*. I guess I still have to speak in opposition to this CUP unless there are other ideas brought up by the Commissioners that may be subject to a more stringent or specific compromise, but at this time I really don't see any. There is plenty of commercial property available for rent, lease or ownership in the City of Kenai. I just don't see a commercial operation working in this KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 3 neighborhood. Are there any questions? Glick - Do any of the Commissioners have any questions for Mr. Elson? Elson - Thank you very much for your time. Glick - Is there anybody else from the public who would like to speak on Resolution PZ 93-8? Seeing none we'll close the public hearing at -this time and bring it back to the Commission. ***END PUBLIC HEARING*** Glick - At this time I would like to entertain a motion. MOTION: GOECKE MOVED TO APPROVE RESOLUTION PS 93-8. BANNOCK SECONDED. ***DISCUSSION - VBRBATIX*** Bannock - I'm wondering if we need to get Mr. HibbertIs conditions, or self-imposed restrictions on the measure do we need to make another amendment? Do we need to treat that as an amendment to the main motion? Do we want to talk about those items? Glick - If you wish to put them on there you probably need to make an amendment to get them on the record. Bannock - Than for the record, I would like to make an amendment to the main motion to include the list of conditions brought up by Mr. Hibbert to be added to the motion. Bryson - Do we have a motion on the floor? Glick - Yes, we have closed the public hearing and we have a motion on the floor. Do we have a second on that amendment? Hanson - Could you specify those again for me? Bannock - I tried writing down the best I could. No change out of cars. And that was something that was discussed at length at our last meeting. ANENDED MOTION: BANNOCK: NOT MORE THAN TWO TAXIS ON THE GROUND AT ANY TINE. SERVICE ONLY AS NEEDED, EXANPLES, TIRES AND HEADLIGHT; THE DRIVERS TAKE A DIFFERENT ROUTE THROUGH THE NEIGHBORHOOD; ALL WORK WOULD BE DONE INSIDE THE GARAGE; AND NO CARS PARKED OUTSIDE WITH -. THE EXCEPTION OF THE TWO CARS. BRYSON SECONDED. Glick - Okay, and that's your amendment to the motion? Okay, now do we have a second on that? KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 4 Bryson - I'll second the motion. Glick - Okay, it's been moved and seconded to amend the motion as Duane read. Do we have any comments from the Commissioners on that? Bryson - I guess I have a question for Administration. Jack, would you, do you feel that this activity has been sufficiently reduced to the level of a Home Occupation, at this point? La Shot - Well, that's a good question. Normally a home occupation is something that wouldn't normally be noticed by other people in the neighborhood, by the definition. This was originally brought to us by someone in the neighborhood that's why I said in the staff report "I believe considerable weight should be taken from public testimony." aoacks - To kind of go along with what Jack is saying, it's suppose to be something that is going on in a neighborhood that would not necessarily be noticed. One of the things in the code is Beauty Shops. Your wife can have a Beauty Shop in her house and I'll guarantee you'll notice that amount of traffic. That's out there for you, so I don't see personally where as long as he's going to �., cut down on the amount of vehicular traffic that he generates, I don't think that the traffic is going to be any worse there. Correct me if I'm wrong, but I don't see where there's any difference between those two houses. La Shot - Now remember this is a CUP. It's no longer a home occupation permit. Glick - Are there any other comments from Commissioners? Bannock - I talked to several people involved in this and I've done alot of thinking about it myself. Some of the restrictions Brent and I have talked about and the reason I'm leaning toward this is because I think he is entitled to have his two company cars there. One thing that is unique about his company cars is they're emblazoned with his company name all over them. I'm not that much different in that I drive a company car home every night but my neighbors don't know it. My neighbor right across the street does drive a company car with his company name emblazoned all over it. It's his personal driver. He only has one but there are two cars parked in his driveway. Probably his wife owns a car as well as the one he drives. So I don't think having two cars in his driveway - if Brent owns two cars that happen to be painted like a taxi - I'm having a real tough time finding how we can say no to that. I'm still struggling a little bit with the operation going on back there. I think that our biggest problem that I have heard in the last few weeks has been the amount of cars driving through the subdivision. But I think with a real honest effort from Brent and with a serious eye out for enforcement this situation can work. It will only work if we are on the honor system and I' 11 hope that KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 5 this system works. But I think that the requirements are there and I think that the code gives us the opportunity, and maybe unfortunately for people that don't feel that commercial business belongs in a residential area, conditional use permits do allow for just that, and that's exactly why they're in there. Glick - Other comments? Bryson - When a vehicle is working, say during the day or evening or whatever, does it return to your house as a home base if it's not immediately hired? Or does it remain in the downtown area of Kenai or in Soldotna? Hibbert - If it's not being used? Bryson - Yes, if it's not being hired? 8ibbert - Yes, it stays in the area. They usually park at the airport. At nights they hang around the bars . . . (inaudible) The only time they come out by the house is if they have a problem, like if they have a flat tire. Or, if one of the drivers change shifts. That's the only time I would see the car. What I drafted tonight would be to discontinue changing the cars out there . . . (inaudible). Bryson - Again, addressing the Commission, I guess I see the traffic as a lessor problem at this point. I guess the resistance of the neighbors is the prime point of contention. It would appear that the sort of traffic they would create during the day, at this reduced level, is similar to which a vehicle would be used anyway, to the people who would live around there. My problem would be the lack of agreement at this point of the neighbors. XeConsoy - I have a question here, just being so new. Say we give him the CUP with the conditions and than how does the enforcement work on that? Does Mr. Elson or Mr. Hult come in and say the cabs running in and out of there again and than it's right back before us again? How does that work out? La shot - We don't have enough people to go around and check on all these things. We rely on the people in the neighborhood to report problems and than we can check into it. Glick - So than we could revoke it, is that what your saying. Bryson - The normal procedure, I believe, if we have a complaint it would go through Administration and they would attempt to handle it at that level. They would probably contact the people and ask them, if they weren't conforming - to conform. LaShot - We would probably try to contact the people first and if that didn't work out it would come back to P&Z. Glick - Any more questions? KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 6 Hanson - Well, I have one more comment. When Duane itemized the conditions the fourth one you itemized was the drivers' use a different route. I'm wondering if you might want to change that language to something like "whenever possible drivers should use roads which are maintained by the City." Bannock - That is a very good question and perhaps Mr. Hibbert could explain to us what the different route is. Hanson - My impression is that there are two routes into the property. You can comment on this. There are two routes into the property, one which is maintained, and one that is not? Hibbert - There are two which are maintained and one that is not. One is maintained only in the winter. Bannock - That's certainly fine with the make of the motion. Glick - How about the second? Bryson - I have no problem with that. ***END VERBATIM*** VOTE - AMENDED MOTION: BANNOCK: NOT MORE THAN TWO TAXIS ON THE GROUND AT ANY TINE. SERVICE ONLY AS NEEDED, EXAMPLES: TIRES AND HEADLIGHTS; WIMU VER POSSIBLE THE DRIVERS TAKE ONLY CITY MAINTAINED STREETS THROUGH THE NSII ; ALL WORK MOULD 28 DONE I=XDE THE GARAGE; AND NO CARS PARKED OUTSIDE WITH THE BZiCZ"ION OF , THE Two CAM THE HIBBERT 10 DRIVE. BRYSON SECONDED. lannock Bryson Glick coecke Hanson xccomeey Scott. YES YES YES YES YES YES ABSENT MOTION PASSED UNANIMOUSLY. VOTE - MAIN NOTION: GOECKE MOVED TO APPROVE RESOLUTION PS 93-8. BANNOCK SECONDED. ,-Bannock.4 Bryson Glick:' . Gdacke. - Hanson:: McCoiasoy sc6tt.. YES NO NO YES YES YES ABSENT MOTION PASSED BY MAJORITY VOTE. KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 7 b. Resolution PZ 93-9: Encroachment - Blannina 7 ***PUBLIC HEARING*** Glick - Opened the meeting to the Public Hearing and asked if there was anyone in the audience who wished to testify? Seeing none he closed the public hearing and brought the item back before the Commission. Bannock - Asked for clarification on the location of the property involved. He requested that in the future the house address be shown on the application. Bryson - Noted that he would be voting on the item even though the applicant's son worked with him. MOTION AND VOTE: GOECKE MOVED APPROVAL OF RESOLUTION PZ 93-9. BRYSON SECONDED. Bannock Bryson Glick I Goecke .Hanson McComsey Scott YES YES YES YES YES YES ABSENT MOTION PASSED UNANIMOUSLY. C. Resolution PZ 93-10: CUP Grubb La Shot - reported that the Planning Department had received the wrong legal description for the public hearing notifications. He suggested that the public hearing be started and continued to the next meeting. This would give Staff time to send the notice to the surrounding property owners and interested parties based on the correct legal description. ***PUBLIC HEARING*** Glick - Asked if anyone wanted to testify about this CUP? Seeing none, the item was moved to the following agenda. a. Resolution PZ 93-11: Home Occupation - Whitford Glick - Introduced the item and asked for a motion. MOTION: BRYSON MOVED APPROVAL OF RESOLUTION PZ 93-11. GOECKE SECONDED. ***DISCUSSION*** La Shot - Reported that the property was directly across from Swires Drive. It is adjacent to a commercial area. KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 8 Bryson - Added for the record that sometimes Whitford and his company work together, but he would still be voting on the issue. VOTE: Bannock Bryson Glick Goecke Hanson MCcomsey Scott YES YES YES YES YES YES ABSENT MOTION PASSED UNANIMOUSLY. Glick - Introduced the item. A conditional use permit had already been approved by the Commission for this activity and now the Landscape Site Plan required approval. La Shot - Pointed out that the plan contained a mixture of natural vegetation and new landscaping. La Shot felt that the plan was adequate to satisfy the KMC requirements and recommended approval as submitted. Bryson - Noted he would be abstaining from voting on this item because he had worked on the project. MOTION AND VOTE: GOECXX MOVED APPROVAL OF THE LANDSCAPE/aITE PLAN FOR GENSEL DAY CARE CENTER AS SUBMITTED. MCCOKSEY SECONDED. Bannock Bryson Glick Goecke Hansom Mccomsey Scott YES ABSTAIN YES YES YES YES ABSENT MOTION PASSED. La Shot - Reported that the individual came to the City and asked that a certain easement be released. Reservation of easement was to the City of Kenai in 1967, before the property was transferred to a private party. La Shot felt perhaps it had been a blanket easement but the City no longer needed the easement for utilities. He recommended forwarding this back to Council with P&Z recommendations. !LOTION AND VOTE: GOECKE MOVED TO PASS BACK TO COUNCIL WITH RE IONS. HANSON SECONDED. KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 9 Bak B. %cn... Glick � : � 6oecl�:e ::aQn >;.MOO+MsNy..:EAB ��:::::. YES YES YES YES YES YES ENT WTION PASSED ONXNIMOUSLY. Glick - Introduced item and asked for a motion. MOTION: GOECKE MOVED APPROVAL OF RESOLUTION PS 93-12. BANNOCK SECONDED. La Shot - Reported that the applicant will be running a Computer Sales and Service business from this location. All service and sales will take place at the customers' home or business. Staff recommended approval with a limit on the term of permit of up to one year or less as the applicant indicated it would be a temporary situation. He added that the applicant had received permission from the property owner. Glick - Asked if the Commissioners had any questions for the applicant? He than asked Mr. Anderson to step to the podium. Bryson - Asked if Anderson owned the property. Anderson - I don't own the property, I rent one unit of it. Bryson - Would the area used for the office meet the CUP requirements? Anderson - Yes it would be approximately 25% of total square feet. Goecko - Is it still your intention that this just be a temporary use? Anderson - Said he intended to be in an office in the near future if things work out. He asked if the temporary note might be stricken from the permit as he may need to stay there for a longer period of time if he didn't have enough capital to move to an office. VOTE: Bannock Bryson Glick Goecke :Hanson McComse Scott-.. YES YES YES YES YES YES ABSENT MOTION PASSED UNANIMOUSLY. 7 KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 10 La Shot - Reported that the applicant had already begun the work on the addition to the building. However, no building permit can be issued until the landscaping/review plan is approved. The site appears to be adequate to accommodate the additional parking required by the KMC. Bryson - Noted he would be abstaining from the vote as he had worked on this project. NOTION AND VOTE: GOECKE ,LOVED APPROVAL OF THE LANDSCAPING SITE PLAN FOR KITCHEN EKPRESS. HANSON SECONDED. Bannock Bryson Glick Goecke Hanson Mccomsey Scott YES ABSTAIN YES YES YES YES' ABSENT MOTION PASSED UNANIMOUSLY. a. Resolution PZ 92-26: Rezone - See (Tabled for one year from 10/14/92) a. Quandt Property La Shot - reported that there appeared to be no change to the property and said he would write another letter to the State of Alaska to get the status of their investigation. a. City Council Smalley - Noted the picture of Bill Brighton which had been presented to the City by the Alaska Municipal Management Association. Council had granted a five-year lease to Kenai Airport Fuel Service. Mark Air had requested SouthCentral Air Terminal Space but the Council wish to advertise that space and leave Mark Air in its present spot for now. b. Borough Planning Bryson - reported on agenda items. KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 11 C. City Administration 71 La Shot - Reported that a questions had been raised regarding the Carr's sign. The "open 24 hours" sign beneath the main sign had been part of the original application. There is some activity on the Cude property located at the end of Beaver Loop and the Spur highway. This lot is located in the General Commercial zone and Cude has placed a building there which will be put on a permanent foundation as soon as weather permits. 11. PERSONS PRESENT NOT SCHEDULED 12. INFORKRTION ITWS 13. COKKISBION CONKENTS i OUESTION8 Bannock - None. Bryson - None. Aoaoks - None. Glick - Indicated that Chairman Kathy Scott had resigned from the Commission and that she would be missed. Hanson - Said he had enjoyed his tenure on the Commission. Suallsy - Thanked Hanson for his service to the Community and wished him good luck in his new position. Smalley said that the Council would be appointing people to fill these vacant seats at their next meeting. There being no further business the meeting was adjourned at approximately 8:30 p.m. Respectfully submitted, i L rett arve Administrative Assistant Planning r REM PUNNING i ZONING CONUSSION March 10, 1993 - 7:00 P.M. City Hall Council Chambers 2. APPROVAL OF At XNM 3, APPROVAL Or MINUTES - February 10, 1993 4. PERSONB PRE8EiP1' IMMULED TO BE HEARD 5, PUBLIC HEARINGS a. Resolution PZ 93-8: AAA Taxi - Hibbert 6. PLANNING 7, NNW BUSINESS 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled for one year from 10/14/92) !� 9. CODE ENPORCMUM ITEMS a. Quandt Property 10. REPORTS a. City Council b. Borough Planning C. Townsite Historic Task Force d. City Administration 11. PERSONS njW=T NOT SCHEDULED 12. IN!'OMWXON IT=8 13, COMI88ION CO80=8 i QUE8TIM 14, AMPEUM ***WORK SESSION WITH TOWNSITE HISTORIC TASK FORCE*** r v-� RENAI PLAXam i soxim comissION March 10, 1993 - 7:00 P.M. City Hall Council Chambers MINUTES 1. ROLL CALL. Commissioners present: Duane Bannock, Phil Bryson, Carl Glick, Ron Goecke, Paul Hanson, Kathy Scott, Lori McComsey Also present: Councilman Hal Smalley Jack La Shot, City Engineer Loretta Harvey, Administrative Assistant Hanson MOVED approval of agenda as presented. Glick SECONDED. PASSED UNANIMOUSLY. 80 ORDERED. 3. APPROVAL OF MINUTES - February 10, 1993 Goecke MOVED approval of minutes as presented. Hanson SECONDED. PASSED UNANIMOUSLY. 80 ORDERED. S. PUBLIC HEARINGS a. Resolution PZ 93-8: Conditional Use Permit - AAA Taxi Scott opened the meeting to public hearing. LW40-10_com10DOz-D+z_= � � Jason Elson - My name is Jason Elson, my residence address is 1348 Mockingbird Lane. Thank you Mrs. Scott, Chairperson and Commission for giving me the opportunity to speak with you in regards to the special use permit for AAA Taxi. I an a resident in the neighborhood of Nighthawk Drive where AAA Taxi's current operation is located at. Mockingbird Lane is a cross street from Muskrat Court which comes off of Silver Salmon the entrance to Highland Trailer Court. Currently, at this time, I believe they've been operating over the better part of the last year in this neighborhood. And in doing so have used as an access way both Silver Salmon through the Trailer Park onto Nighthawk and Mockingbird Court, or excuse me, Muskrat Court/Mockingbird Lane as an access to Nighthawk. I have two points of opposition in regards to this special use permit. Number one being that in my dealings with the Public Works Director, in regards to Mockingbird Lane and Muskrat Court, which is a road that is part of the City's road system, yet not approved for any type of improvements. The Public Works Director has informed me that because the road was accepted back when the KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 2 subdivision was purchased by the City, or some kind of planning to that nature, it was never; improved to the point that it's acceptable to the point of improvements now. In other words, for that particular road to be improved it needs to be excavated, dug out, down to sand and gravel and than backfilled so it would be acceptable to get improvements from the city. There are only four residents that live on this particular two-way street and of course none of us are financially capable of making these repairs to that road system. My concern with AAA Taxi is, that in using this road system, because it receives only minimal maintenance in the summertime and absolutely no maintenance during the wintertime the maintenance for that particular road is coming out of my pocket. At this particular time, I spend time and money in repairing the road, which is eroding. At times it's only open to one -lane traffic and so, therefore my concern is that the extended use by AAA Taxi with their number of cabs coming back and forth using that access to their business is gonna further deteriorate what little road to my residence. The second point I have in regards to this, is the fact that we're bringing commercial activity into an area that's zoned rural residential. The neighborhood of the trailer court is a condensed neighborhood involving a number of families in a small road system with a number of children. I also have children at home, small children. I believe the safety factor involved here when you increase the traffic flow through that neighborhood, regardless of whether they go down my road or through the trailer park will increase the risk for an accident in that neighborhood. And an accident involving children. It's bad enough that the roads are poor in that area, and there's low maintenance, they're not really designed well for the type of condensed neighborhood that we have now, I see us only making matters worse in regards to this special use permit. I thank you for your time. Those are the only comments I have at this time in regards to this matter. Scott - Mr. Elson will you wait to see if there are Commissioner questions? Does anyone have a question for Mr. Elson? Elson - Thank you. Brett Holt - Hello, my name is Brett Holt and I own property adjacent to, very close to the proposed permit, conditional use permit (CUP). And at present I do not live at my residence which is 5210 Meadowlark. However, I am in the process of building a house at my property that I now own. And my concern with the CUP is that as Mr. Elson has said, the kids in the area. I have kids of my own that, like I say, we don't live there right now, but we will very soon, within the next year. I am concerned for their safety as well as all the safety of the other children that live in the area. I hope that their safety is not jeopardized by any decisions of the City Council tonight. My property, I feel that I hope that it's not devalued in any respect. KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 3 There was a huge pile of brush that was pushed up this last fall and hasn't been taken care of at all, to date. I am curious to see if it will be kept care of properly and at least kept clean. I thank you for your time. Scott - Anyone have questions for Mr. Holt? Are there any questions? Thank you. Brent Hibbert - My name is Brent Hibbert with AAA Alaska Cab, and to answer some of the questions I didn't realize that the road this gentleman here (pointing to Elson) was talking about was a private road. I don't see where it's posted it may be. Concerning the safety of children, all the drivers that are out there are professional drivers. They go through drug testing and they go through a driver's training before they drive. I don't want to have any problems with accidents and I don't think anyone else would. Hanson - the berm that's on the piece of land there, you're the person that's building a new house over there? Hibbert - That was last Fall. It was getting late in the year, I had enough money to have my piece of land cleared but I didn't have enough money at that time to have it hauled off. So hopefully this summer, I don't like the looks of it either. This summer I hope to have it all cleaned up but it was late in the Fall the snow was already on the ground. I'm willing to work with anybody nobody has addressed me, come to me and asked me if we could change things with the road. I can instruct drivers not to travel that road, but nobody has ever come to me and talked to me about that. Well, I think that's about it. Scott - Are there questions for Mr. Hibbert? Bryson - I have just one. From what Mr. Elson said I guess he didn't say it was private road he said he was maintaining it in the summertime to some degree. I believe that if it runs on private lots it's probably a public right-of-way but not under the city grading program in the summertime. Scott - So that means it's for winter maintenance only? Bryson - Jack is that the City Council's . . .? La Shot - I believe that was winter maintenance only. Scott - Are there other questions? Glick - Yes I have one. Do you own the property there that you live on? Hibbert - Yes, I do. I'm in the process of buying it now. Scott - What was his comment? You're in the process of buying another piece of property? KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 4 Hibbert - No, this one. Scott - Oh, this one. Hibbert - It' s an assumable. I' m trying to take the loan over. The paperwork is still out. Scott - Are there any other questions from the Commission? Mr. Hibbert thank you. Is there anyone else who wishes to comment on the CUP application by AAA Taxi, Brent Hibbert? Seeing none, we'll bring it back to the Commission and close the public hearing. For the record, we have received a note from Robert Hammer, PO Box 33 Soldotna who speaks against the application. And then a letter from Ralph Kaffka, who states no objection. Okay we'll bring it back to the Commission for action, Mr. Goecke? ***END VERBATIM*** (LOTION: Goecke MOVED approval of Resolution PZ 93-8. Bryson SECONDED. Scott - Motion has been made and seconded. The permit is before you for discussion. Comments of the Commission? Bannock - Reminded the Commission about another situation like this on Beaver Loop which had been approved. Because this is a CUP the Commission has the ability to place conditions on this which would bring it into harmony with the neighbors. The main concerns are the traffic and the repairs. The repairs of the taxis are addressed in the Land Use Table and are not allowed in an rural residential zone. Perhaps Hibbert has another location where he can work on the cars and keep the dispatch out of the house. Bryson - Addressed several concerns which included: visual impact on neighborhood; vehicle parking; and radio transmissions affecting neighbors television signals. He felt that there might be a way to resolve the situation to satisfy all parties. Bibb*rt - Explained that there are only two cars parked at the house at any given time. Bannock - Said he was not really worried about the parking as off- street parking is permitted in the zone. He had a problem with the cars being worked on there. Hibbert - Explained the work done on the cars was very minor. Just changing headlights, oil, washing and vacuuming the cars. All major repairs are done by a mechanic. KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 5 Bannock - By issuing a permit the applicant could at a later date bring in wrecked cabs and parting them out. Bannock felt that there should be no impact from the taxis being there. He asked if there was another facility where the cars could be worked on. Hibbert - Said he doesn't have any junk vehicles around his property. He doesn't have anywhere else to run his vehicles at this time. The cars are only there between 5 and 6 a.m. and 5 and 6 p.m. He wondered if the problem was the amount of cars on site. Goeck• - Said he felt the problem was the repair of the cars at the site and also the access from the unmaintained street. He didn't think it would be a problem for the taxis to access the office from a different street. Bannock - If the CUP was limited to one car at a time, would it be a hardship on Hibbert? Hibbert - Explained that he has 9 permits. He presently has two cars parked at his house. Two of his drivers are sick. The most cars that have ever sat at there would be on a Sunday and might be up to four vehicles. Scott - Asked if the Commission had enough information to make a decision on this item. She reopened the meeting to the Public Hearing. Blson - Getting back to my concerns and some of the discussion of the Commission I have to agree that the key point here is the impact and the appearance. The area is zoned rural residential. It is a City road but not of the standard that the City will maintain. It gives the impression that a commercial venture will be held in a residential zone. By increasing the traffic beyond what it would normally be you run the risk of an accident. Maybe the CUP could be limited to hours when children would be less likely to be playing in the streets. Scott - Said she felt the acceptable conditions should be specific. The Commission would like to know specific conditions the neighbors would live with. One is the limitation of hours of operation. Elson - Said it is a concession he could live with. He would prefer that the operation be in a commercial not a residential neighborhood. Scott - Asked for further testimony. Seeing none she closed the public hearing at 7:40 p.m. Bryson - Felt the parties should try to talk together to see if they could modify the impact of the situation. He still had the same problem with the visual impact on the area. KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 6 Scott - Suggested that the Commission might want to Table the discussion until the next meeting. Smalley - In getting back to what several Commissioners suggested with CUP you can limit the number of cars which could be on the property at any given time. You could also limit the repairs that could be done within a garage. There could be a condition of no storage of parts outside where it could be visible. The encouragement of not using the unimproved street may not be valid since it is a city street. He urged the parties to think about such conditions to give the Commission direction. NOTION: Bannock NOVED to postpone the COP until the nezt meeting to give the parties a chance to come up with conditions including: time of day of use, roadway use, even the consideration of fencing and/or screening as possible Nays to overcome your differences. Bryson SECONDUD. PABBED MUMNOUSLY. Scott said it was her understanding that a list of conditions be brought back to Commission as an amendment to this permit as it exists tonight. 7 NOTION: Bryson MOVED to continue the Public Searing at the March 24th meeting and asked for unanimous consent. Hanson SECONDED. PASSED BY UNANINOUS CONSENT. G. PLANNING a. Resolution PZ 92-26: Rezone - See (Tabled for one year from 10/14/92) a. Quandt Property a. City Council ,7 Smalley reported on agenda items including: r Research for an ice rink facility in Kenai. Council approving Carr's Sign Variance. KENAI PLANNING AND ZONING COMMISSION March 10, 1993 - Meeting Page 7 b. Borough Planning Bryson reported that the Commission was working on a substitute ordinance for the Noxious, Injurious and Hazardous ordinance. C. Townsite Historic Task Force d. City Administration LaShot reported that Gensel and Kitchen Express would be probably be submitting a Landscaping plan for the next meeting. 11. PERBONO PRZBBNT NOT SCHEDULED lZ . I�RNATION ITENS 1a. COXXXISION CONKENTS & QUESTIONS Glick - Reported that he and Lori McComsey had attended the annual Planning Training Seminar in Anchorage. He felt it was an excellent learning opportunity. The topics covered included Conditional Use Permits; Variances; and the Open Meetings Act. He said that a variance should only be granted sparingly and only under exceptional circumstances. The property owner must have a --� special hardship to be granted the variance. Hanson - Said he had been transferred to Anchorage and would have to resign his position on the Commission. Smalley - Noted the Ad in the Clarion that the City of Kenai had placed regarding City activities. He also said that K-Mart may be open sometime between July and August 15th. He also thanked Hanson and wished him luck in his new position. ***WORK SESSION WITH TOWNSITE HISTORIC TASK FORCE*** The meeting was adjourned at approximately 8:00 p.m. The Commission went into a Work session with the Townsite Historic Task Force. Respectfully submitted, yfflt ey, Administrative Assistant D-� L February 18, 1993 Ff & i993 , JW KEAL41 ', John Williams Mayor of Kenai 210 Fidalgo Drive Kenai, AK 99611 Mayor Williams: As you may be aware, I recently accepted a promotion to Loan Officer of the First National Bank of Anchorage. One of the informal conditions. of this promotion was that I be available to transfer to any FNBA branch in the state. On Thursday, February 11, I was asked to report to work in Anchorage no later than the 15th day of April, 1993. In the interest of my career, I haveaccepted their request and will be leaving Kenai. in early April. It is with regret that I must resign from the Planning and Zoning Commission. I have enjoyed'holding a seat on the commission and wish that my tenure could have been a longer one. I will be able to fulfill my duties as commissioner through the end of March and wish to make my resignation effective Aril 1, 1993. I thank you for giving me the opportunity to serve Kenai as a commissioner, and I wish you the best of luck in the continuing task of making Kenai the best place to live in the entire state of Alaska. sincerely, Paul Hanson K. Scott & Associates, Inc. D4 Grantsmanship, Project Management, Marketing q �993 A Qt►,, i March 18, 1993 Mayor John Williams City Of Kenai 210 Fidalgo Street Kenai, Alaska Dear John: It is with regret that I submit this letter of resignation from the Kenai Planning and Zoning Commission. As you can guess, my work with the Kenai Peninsula Health Care Advisory Council dominates both professional and personal life currently. But now other personal circumstances dictate that I maintain a minimal level of public .-. activity for the next severer months. I have enjoyed the Planning and Zoning Commission and will truly miss the associations and challenges of the City community on this level. Sincerely, Ka lean . Scott P.O. Box 2488, Kenai, Alaska 99811 Telephone (907) 28MI301FAX (907) 283-5918 1791-1991 CITY OF KENAI 41 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283.7535 FAX 907.283.3014� CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR TO COMMITTEES AND COMMISSIONS DATE: Jan 19, 93 NAME: Jack Castimore Resident of the City of Kenai? Yes How long? Since 1978 Mailing Address 1533 Cohoe Circle Telephone No. 283-4609 Business Address Nikiski High School Telephone No. 776-3456 EMPLOYER: Kenai Peninsula Borough School Distr'_ct Job Title Teacher NAME OF SPOUSE: Mary Troy Castimore Current membership in organizations: United Methodist Church / New Covenant in Kenai, Treasurer; Kenal'. Elks; Kenai Penin. Educ. Association, Treasurer Past organizational memberships: Planning & Zoning Commission, City of Kenai; Soldotna Lions Club; Alaska Business Educ. Association officier COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Planninq & Zoninq Commission 5.1 S .TA,N— 1 2-93 TUE 1 2 21PARCT I C.. P. I.PE I N S P 283 3014 • P. 2/2 1791-1881 CITY OF KENAI CajaiW aj 41,a.4" - 210 FIDALOO KtNAI, ALASKA 99411 TELUMME 293 • 7925 f AX 907-263-3014 BA"GROVIID "D pERSCXAL DATA - CANDZDA#Z= FOR APPOINTMENT WO CONXXTTRLs AND CO!! XBDXcurs DATES ,]anuary 12. 1993 YEViN M_ WALKER Resident of the City of Kenai? Yes How long? 8 yrs/23 years tota Mailing Address' n1gig- Cpnai Telephona No. 283-5626 Business Address P_0_ Box 1296,,, Kenai Telephone No. 283-4471 ZXPLOYER: Arctic Pipe Inspection, Inc. Job Title Vice President - Alaska Operations K ME OF 8POV581 audv balker Current mambership in organizations: American Petroleum Institute, The Alliance, North Kenai Chamber of Commerce Kenai Little League Past organizational memberships: Dlanninn R 7noino _nmmice on_ City Councilman, Moose Lodge, Alaska Municipal __Loaque.jorouah Planning & Zoning sub committee (21-12) -_ COMItITTEEB OR CONMIA6ION9 XX WRICH YOV ARE INTERESTED: CITY OF KENAI ai 4 4".. 00 RMWO . JUDW, M AM "W1 BEM-MW CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAME /gR BARS C R T'C P S Resident of City of Kenai? 1Je� How long? Mailing Address/y f Tel.. Bus. Address ffZo6,3 Tel . Presently employed by"A:S.c44 Job Title Name of Spouse1 �5 &wJaxS Current -membership in organizations: Past organizational membership: Committees interest/ed, in: d31oc5_19a 1791-1991 CITY OF KENAI "Dd G'atu;W o 41 " 210 FIDALGO KENAI, ALA M l9611 TELEPHONE 203 - 7= FAX 907-283.3014 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COXMITTEES AND C031KIBBIONS DATE: NAME: Resident of the City of Kenai? �_ How long? Mailing Address '2,&-) 1-.i LEI Telephone No. 193--St 10 Business AddressPIfix 122Telephone No. - /1 Job Title NAME OF SPOUSE: Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: 9 d! T AGENDA XENAI CITY COUNCIL - REGULAR MEETING nIC8 171 1993 7:00 P.N. RENAI CITY COUNCIL CBAMBERB 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one Motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Alaska Municipal Management Association - Presentation of Bill Brighton Memorial. C. PUBLIC HEARINGS 1. Ordinance No. 1531-93 - Amending the Membership Requirements for the Kenai Airport Commission. 2. 1993 Liquor License Renewal Application - Larry's Club - Beverage Dispensary. 3. 1993 Liquor License Renewal Application - Elks Lodge #2425 - Club. 4. 1993 Liquor License Renewal Application - Kenai Merit Inn - Beverage Dispensary/Tourism. 5. 1993 Liquor License Renewal Application - Kenai Joe's - Beverage Dispensary. 6. 1993 Liquor License Renewal Application - Mr. D's - Beverage Dispensary/Tourism. 7. *1993 Liquor License Application Renewal - Italian Gardens - Restaurant/Eating Place. -1- 8. *1993 Liquor License Application Renewal - Alaskalanes/ Recreational Site 9. *1993 Gases of'Chance and Contests of Skill Permit Application - Alaska Chapter National Multiple Sclerosis Society. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees B . MINUTES 1. *Regular Meeting of March 3, 1993. H. NZW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1532-93 - Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund for Roof Repairs to the Public Safety Building. 4. Approval - Kenai Airport Fuel Services - Special Use Permit. 5. Approval - a. SouthCentral Air - Request for Mutual Rescission and Release (Spaces 28 and 29, Kenai Municipal Airport). b. Mark Air - Request for SouthCentral Air Space at Terminal. -2- 6. Approval - Easement Reservation, Lot 2, Block 3, Beluga Subdivision - Steve C. Gilles. 7. Approval - Right -of -Way Acquisition - Overland Avenue, U.S. Survey 1435 (Fish & Wildlife Buildings). 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager 1. Citizens (five minutes) 2. Council T XENAI CITY COUNCIL REGULAR 1MEETING MARCK 17, 1993 7:00 P.N. KENAI CITY COUNCIL CMUCBRR6 MAYOR JOHN J. WILLIANSe PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Williams, Bookey, Swarner, Monfor, Measles, McComsey, and Smalley. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD: H-5b - Mark Air - Request for southCentral Air Space at Terminal - Additional Information. H-8 - Discussion - Kenai Peninsula Borough Assembly Resolution No. 93-24, "A Resolution Supporting a Request by Tesoro Alaska and Mapco for Capital Credit." (Passed Unanimously by the Assembly on 3/16/93.) REMOVE: C-2. 1993 Liquor License Renewal - Larry's Club - Beverage Dispensary (add to Consent Agenda). C-3, 1993 Liquor License Renewal - Kenai Elks Lodge #2425 (add to Consent Agenda). KOTION: Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. Councilman McComsey SECONDED the motion. There were no objections. s0 ORDERED. • , : ,ice. � C -i.�b - Mayor Williams requested the following change to the Consent Agenda: ADD: C-2, 1993 Liquor License Renewal - Larry's Club - Beverage Dispensary (Telephonic notification from Borough that they were current as of that afternoon.) ,ram, KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 2 C-3, 1993 Liquor License Rena ml - Kenai Elks Lodge 02425 (KPB letter of non -objection). C-8, 1993 Liquor License Reaeval - Alaskalanes - Additional information (KPB letter of non -objection). C-10, 1993 dames of Chance and Contests of Skill Permit Application - Alaska Peace Officers Association, Kenai Chapter. MOTION: Councilman McComsey MOVED for approval of the amended Consent Agenda and Councilman Smalley SECONDED the motion. There were no objections. no ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT B-1. Alaska Municipal Management Association - Presentation of Bill Brighton Memorial. Rich Underkofler, Soldotna City Manager, presented a framed picture of Bill Brighton, City Manager of the City of Kenai. The picture was provided by the Alaska Municipal Management Association as a memorial to Mr. Brighton for the contributions made to the Association, the City of Kenai, the state, city and borough managers and administrative people. Mr. Underkofler added Mr. Brighton was a role model and a hero. Mr. Underkofler referred to the Alaska Municipal Management Associations Ethical Statement which characterized their association with Mr. Brighton. Mayor Williams accepted the memorial and thanked Mr. Underkofler and the Alaska Municipal Management Association. Williams added that Mr. Brighton was trusted and is credited for the tremendous position the City of Kenai is in today. Williams added that Mr. Brighton will always be remembered in this community. 7 KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 3 ITEM C: PUBLIC SEARZNVS C-1. Ordinance No. 1531-93 - Amending the Membership Requirements for the Kenai Airport Commission. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1531-93 and Councilman McComsey SECONDED the motion. There were no public or council comments. VOTE: Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes NOTION PASSED UNANINOUSLY. C-2. 1993 Liquor License Renewal Application - Larry's Club - Beverage Dispensary. Added to and approved by consent agenda. C-3. 1993 Liquor License Renewal Application - Elks Lodge #2425 - Club. Added to and approved by consent agenda. C-4. 1993 Liquor License Renewal Application - Kenai Merit Inn - Beverage Dispensary/Tourism. Clerk Freas stated that she was advised by the Borough late in the afternoon, that the Kenai Merit Inn was missing three filings. The City must respond to the Alcoholic Control Board by April 3. Freas suggested a motion stating that if payment is not made by April 3, 1993, a letter of protest be forwarded to the Alcoholic Control Board. If the applicant becomes current by April 3, 1993, a letter of non -objection be forwarded. NOTION: Councilman Smalley MOVED that Clerk Freas forward a letter of ..,, protest to the Alcoholic Control Board if the applicant does not come current by April 3, 1993. If the applicant becomes current "I"- KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 4 by April 3, 1993, a letter of non -objection be forwarded. Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. C-5. 1993 Liquor License Renewal Application - Kenai Joe's - Beverage.Dispensary. Clerk Freas stated that she was advised by the Borough late in the afternoon, that Kenai Joe's was missing one filing. The City must respond to the Alcoholic Control Board by April 3. Freas suggested a motion similar to the one for the Kenai Merit Inn. MOTION: Councilwoman Swarner MOVED that Clerk Freas forward a letter of protest to the Alcoholic Control Board if the applicant does not come current by April 3, 1993. If the applicant becomes current by April 3, 1993, a letter of non -objection be forwarded. Councilman Measles SECONDED the motion. There were no objections. 80 ORDERED. C-6. 1993 Liquor License Renewal Application - Mr. D's - Beverage Dispensary/Tourism. Clerk Freas stated she was advised by the Borough late in the afternoon, that Mr. D's was owing sales tax, personal property tax, and real property tax. Freas also reported to Council that Marilyn Talmage, owner of the facility, sent a letter in the afternoon requesting Council to ask the ABC Board for a thirty - day extension in order that she would have more time in which to bring the amounts current. Freas also reported to council that she received a copy of a letter from Gina Derleth of the Borough to Mrs. Talmage stating that they will expect payment by April 1, 1993. If payments are not made, they will issue a letter of protest. When payments are made and the amounts brought current, they will remove their protest. MOTION: Councilwoman Swarner MOVED to write a letter of non -objection if all is paid by April 3, 1993. Councilman Smalley BECONDED the motion. There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 5 C-7. 1993 Liquor License Application Removal - Italian Gardens - Restaurant/Rating Place. Approved by Consent Agenda. C-8. 1993 Liquor License Application Removal - Alaskalanes/ Recreational Site Approved by Consent Agenda. C-9. 1993 Games of Chance and Contests of Skill Permit Application - Alaska Chapter National Multiple Sclerosis Society. Approved by Consent Agenda. C-10. 1993 Games of Chance and Contests of Skill Permit Application - Alaska Peace Officers Association, Kenai Chapter. Added to and approved by Consent Agenda. ..4 . Y 1. _ . t..'y .. v a .. 1 D-1. Council on Aging Councilwoman Swarner reported that minutes of the last meeting were included in the packet. Swarner added that a no -smoking policy for the facility will become effective April 1, 1993. Swarner advised council to review memorial plaque/million dollar club information included in the packet. The Council on Aging is considering such a project. Executive Director Porter added that the facility already involved in this fundraiser is doing it because of less monies available through the state, etc. Porter added that it is her intent to follow through with the recommendation of the Council on Aging in regard to the no - smoking policy, unless the City Council directs her differently. There were no comments from City Council. D-2. Airport commission Airport Manager Ernst and Councilman Measles were not in attendance at the last meeting. Acting City Manager Brown stated -*, KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 6 that there was no quorum. However, there was a work session and the substance of that session has been set as a discussion item at H-4. D-3. Harbor Commission Public Works Director Kornelis stated that there was no meeting as there was no business to discuss. D-4. Library commission Councilwoman Monfor stated the minutes of their last meeting were included in the packet, as well as an end -of -month report. D-5. Parks & Recreation Commission Parks & Recreation Director McGillivray stated that a meeting was .-, held the previous night and the minutes will be in the next packet. D-5. Planning & zoning Commission Councilman Smalley reported that an action agenda was included in the packet. Smalley reported a public hearing was postponed on AAA/Alaska Cab's conditional use permit application as there were some objections. Time is being given for the business owner and neighbors to work the problems out. The item will be heard again at their next meeting. Smalley added that he explained to the Commission the override of their decision in regard to the Carr's sign. Smalley also reported that a work session was held following the P&Z meeting. The work session was with the Townsite Historic Task Force. Together they reviewed the changes to the ordinance and boundary suggested by the Task Force. There was some discussion in regard to stricter enforcement of access to the beach in order to better protect the dunes. Chief Morris stated that their seasonal enforcement officer patrols that area. Smalley stated that the consensus of the Townsite Historic Task Force felt their proposal was what they want to present. The proposal will now be reviewed by P&Z and then on to Council. Williams referred to the resignation of Paul Hanson from the Planning & Zoning Commission which was included in the packet. A copy of the commission application of Jack Castimore was also KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 7 included in the packet. Williams recommended Castimore be placed on the commission. Councilman Measles suggested that assignment be held to see if more applications may be received. Williams stated he would hold the assignment until the next meeting. D-7. xiscellaneous commissions and Committees Swarner reported the minutes of the last Beautification Committee meeting were in the packet. Williams stated that he will compose a proclamation for the "Kenai - Vision of Beauty" theme of the Chamber of Commerce Fourth of July Parade, as well as a resolution for the April 7, 1993 council meeting. The proclamation will be presented at the April 14, 1993 Chamber luncheon. Williams asked if the council had any objections to the Beautification Committee's "lilacs and roses"planting plan for the summer. There were no objections. ITEx E: xINUTEB E-1. Regular Meeting of March 3, 1993. Approved by Consent Agenda. None. None. ITEK 8: NEW BII8INE88 H-1. Bills to be Paid, Bills to be Ratified KOTION: Councilman Smalley KOVED to pay the bills and Councilman McComsey BECONDED the motion. There were no objections. 80 ORDERED. KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 8 H-2. purchase Orders Esoeedinq $1,000 MOTION: Councilman Measles ROVED for approval of the purchase orders over $1,000 and Councilwoman Monfor SECONDED the motion. There were no objections. BO ORDERED. H-3. Ordinance No. 1532-93 - Increasing Estimated Revenues and Appropriations by $40,000 in the General Fund for Roof Repairs to the Public Safety Building. Approved by consent agenda. R-4. Approval - Kenai Airport Fuel Services - Special Use Permit. Brown referred the Council to the backup information presented in the packet, which included a copy of the proposed special use permit. The permit will allow for a non-exclusive use of 100 ft. in the front of two lots (Lot 4, Block 1 FBO Subdivision and Lot 3A-1, FBO Subdivision, South Addition No. 2). The permit will allow this area to be used for fueling aircraft. Kenai Airport Fuel Services will move their underground fuel tanks. The underground tanks will continue to be used for fueling aircraft from the special use area. Kenai Airport Fuel Services will be closing the road from time to time as they fuel. There were some regulatory problems with FAA, Airport Regulations and fire codes, but they believe the use as stated in the permit will work. Brown added that the owners of Kenai Airport Fuel Services understand the permit and agree. (It was noted that Mr. Eichholtz and Mr. Pitts were in the audience and were shaking their heads in agreement.) MOTION: Councilman McComsey MOVED that Council accept the suggestions of the City Manager and people involved. Councilwoman Monfor SECONDED the motion. Smalley asked if the use of the road will present problems for other lessees. Brown stated the road will be closed while fueling takes place. This will be a minimum amount of time. Brown added that the road is not used a great deal by vehicular traffic and not on a continuous basis. They believe that the KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 9 inconvenience to others will be minimized by closing the road at those times. Smalley asked if other lessees will be inconvenienced. Airport Manager Ernst stated there are a minimum amount of tenants who will be inconvenienced (ERA, Federal Express and FAA). There are no other leased areas. The permit will be reviewed again in five years which is the duration of the permit. Ernst added that some of the inconvenience will be eased by the placement of electric gates. Ernst stated the roadway must be there and at this time it is a compromise. Williams asked if there were other access points further up. Ernst stated they do not keep that road open in the winter. Additional users of the ramp are Unocal and ARCO and they use the ramp beyond the fish haul and tower. They have a special use permit and exclusive use. VOTE: Councilman McComsey requested UNANIMOUS CONSENT. There were no objections. 80 ORDERED. H-5. Approval - H-5a. SouthCentral Air - Request for Mutual Rescission and Release (Spaces 28 and 29, Kenai Municipal Airport). MOTION: Councilman Measles MOVED for approval of the request for mutual rescission and release of Southcentral Air, Inc. for lease spaces 28 and 29 in the Kenai Airport Terminal. Councilman Smalley SECONDED the motion. Councilwoman Monfor requested UNANIMOUS CONSENT There were no objections. SO ORDERED. H-5b. bark Air - Request for SouthCentral Air Space at Terminal. �rce,40k4l`F Councilman Measles MOVED for approval of the request from Mark Air to acquire the lease space formerly leased by SouthCentral Air at the airport terminal. Councilwoman Monfor SECONDED the motion. Attorney Graves stated that Mark Air would like to rent the airport terminal spaces from which SouthCentral Air rescinded. KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 10 Mark Air feels it is a better location. Graves added that they believe funds can be released from the Bankruptcy Court in order that back taxes may be paid. Graves referred to the letter received from Mark Air and added to this item at the beginning of the meeting. Graves stated that the wording in the letter was unfortunate. Administrative Assistant Howard added that Ms. Bradley (Mark Air properties manager) has been very cordial and wants to work with the City. Brown added that -Mark Air made a payment on the lease and only taxes are owed at this time. Williams stated that the Court will have to release funds to pay the taxes. The court process takes approximately three weeks. Williams suggested that Council could take a position based on the actions of the court. Measles stated he did not think the court will determine need for action on a new lease due to the fact that the existing lease does not expire until June 1993. Measles added that he did not think anything should be done until the end of the existing lease and a change would not be done then if they have not paid their taxes. Williams asked Graves if the Bankruptcy Court views taxes owed to municipalities differently. Graves stated that the judge will look at whether paying the taxes will help get them out of bankruptcy. Measles stated the vacancy of the spaces should be advertised for lease to see if anyone else wants the space, consistent with how other leases are handled. Ernst stated that the terminal spaces are not bid. Ernst added that FAA requires the city to accommodate the airlines without a bid process. Measles asked how the lessees were placed when the area was first opened. Brown stated the car rental and airline space rental amounts were set by council about five years ago. Ernst stated the car rental agency's space positioning was set by a drawing. Measles stated his concern that the city should see if anyone else is interested in that space. Measles added that the city is not refusing space to anyone. Measles asked that administration be directed to advertise the space availability to determine if there is other interest in airline counter space at the airport. Williams stated that will give Mark Air an opportunity to respond. Smalley suggested that KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 11 it be explained to Mark Air administratively that when they are current with their taxes they should ask again. H-6. Approval - Easement Reservation, Lot 2, Block 3, Beluga Subdivision - Steve C. Gilles. Smalley asked if this easement request had been reviewed by the Planning & Zoning Commission and if not, why not. Smalley added he did not remember seeing it on the Planning & Zoning meeting agendas. Administration had no response. E 1 C0414 COFT Councilman Measles MOVED to refer the easement request to the Planning & Zoning Commission. Councilwoman Swarner SECONDED the motion. Councilman McComsey requested ONAMNOUS CONSENT. There were no objections. 80 ORDERED. H-7. Approval - Right -of -Way Acquisition - Overland Avenue, U.S. Survey 1435 (Fish & Wildlife Buildings). Williams stated in the past years, the Kenai Natives Association, Inc., Cook Inlet Region, Inc. and the City have all requested this property. Williams added he is not in favor of paying Fish & Wildlife. Williams asked if a bill had been forwarded to the City. Brown stated no. Smalley and Measles stated the city did not want to pay. There was no further discussion. H-8. H-8 - Discussion - Kenai Peninsula Borough Assembly Resolution No. 93-24, "A Resolution Supporting a Request by Tesoro Alaska and Mapco for Capital Credit." (Passed Unanimously by the Assembly on 3/16/93.) Councilman Smalley MOVED to support this resolution by the Borough and Councilman McComsey SECONDED the motion. Measles and Williams abstained. Williams requested that Councilwoman Monfor take the gavel. Williams and Measles left the room. Smalley asked if a resolution should be brought forward at the next council meeting. Monfor stated no, a letter of support. Discussion followed. Smalley asked if supporting this resolution KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 12 could negate funds to the city from the state. McComsey stated he did not believe so. McComsey stated he believed the resolution should be supported because they have a value-added facility here. VOTE: Williams: Abstained Bookey: Yes Swarner: Yes Monfor: Yes Measles: Abstained McComsey: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:07 P.M. BACK TO ORDER: 8:15 p.m. Williams reassumed the gavel. f ITEM I: ADMINISTRATION REPORTS I-1. Mayor a. Trip report. Williams reported that he had just returned from Juneau (Job Training Council). Williams stated, there is little movement in regard to major bills. Nothing has been discussed in regard to the capital budget. Williams stated there is a major move to bring AML to the Kenai/Soldotna area. Williams added that if Kenai/Soldotna does not take the conference, it will again be in Juneau. Williams stated he is working with John Torgerson to organize the conference. They are planning to rent the old Carr's Mall. Williams stated they have discussed giving our airline funds to AML in order to bring them here. They will be meeting again on April 5 at the Borough Mayor's office. Williams asked council's feelings. Monfor approved. Swarner stated she spoke with Sue Carter and she is also working on the organization of the conference. b. wildwood Correctional facility. Williams stated he spoke with the City's lobbyist and legislators regarding Wildwood. There is very little movement by the House to reopen the facility. The Speaker is opposed to the reopening. Williams stated he spoke with the Speaker and there were several things brought to his attention of which he was not previously aware. KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 13 However, Williams stated he did not believe they were correct in their assumptions. Williams added that the Governor will be in Kenai on Friday, March 26. Williams is trying to put together a meeting with Navarre, Salo, the Commissioner of Corrections, and the Governor in regard to Wildwood. C. Prayer Luncheon. Williams reported there will be a prayer luncheon with the Governor in Kenai on Friday, March 26. Officials are to meet with the Governor at 11:15 a.m. at the Kenai Merit Inn. d. Sakhalin Island Visitors. Williams reported he will have dinner with Russian visitors Thursday evening, March 18. e. Kenai Peninsula caucus. Williams referred to Council's decision at an earlier meeting to discontinue membership in the Kenai Peninsula Caucus. Williams stated his support for the Caucus and their mission. Williams stated he would discuss this item again with council during budget sessions and hopes Council will reverse their decision. I-2. city Manager Brown stated that the budget schedule was included in the packet at item I-5. Williams referred back to information included in the packet requesting input regarding a number of Governor Hickel's top priority legislative proposals, i.e. Educational Facilities Maintenance and Construction Fund; "Alaska 2000" package; Capital Matching Grant Program; Dedicated Transportation Fund; Phase -Out of Eligibility for Longevity Bonus Program; Alaska Energy Authority Restructuring; University Deferred Maintenance; Criminal and Law Enforcement Statutes; Welfare Reform; and Constitutional Amendment Through Initiative. Williams asked Council if they wished to support any of those items listed. Williams suggested the Dedicated Transportation Fund. Swarner stated she was in support of it, but did not think a resolution would do any good. Smalley stated it may be advantageous to support a few of the items. KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 14 NOTION: Councilman Smalley NOVED to draft a resolution in support of the transportation fund. Councilwoman Swarner 8ECONDED the motion. There were no objections. 80 ORDERED. Clerk Freas was requested to get a copy of the legislation to add to the drafted resolution. Freas was requested to get a copy of the Educational Facilities Maintenance and Construction Fund and Capital Matching Grant Program, and the Constitutional Amendment information as well. I-3. Attorney No report. I-4. City Clerk #' a. Telephone Poll. Clerk Freas read the findings of a telephone poll taken on March 12, 1993 in regard to the courthouse project's Change Order No. 6. The change order allowed for $35,000 for cost-plus labor needed to pour the concrete slab. A copy of the findings were included in the packet. b. Work Session. Freas reminded council of the work session scheduled for Monday, March 22, 1993, at 7:00 p.m. in the conference room of the Kenai Community Library. C. Reception for City volunteers. Freas requested council to set a date to schedule the reception for city volunteers. Freas suggested April 23, 30 or May 14 as the Cultural Center will be available on those dates. Council asked for April 29 or May 6. The reception would be held from 6-8:00 p.m. I-5. Finance Director No report. I-6. Public Works Director a. Dock Lease Bid. Kornelis stated bid opening for Station No. 3 (one year lease) will be held on March 31 at 2:00 p.m. KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 15 b. Leachate Proposals. Kornelis stated that the city will be receiving proposals for wash -down of leachate for the Borough. They will pay the City and the City will contract with a consultant. Kornelis reminded Council he had discussed this with Council previously. C. Congregate Housing. Kornelis reported that the final inspection will be held on Friday, March 19, 1993. d. Building Inspector Position. Swarner asked if a building inspector had been hired as yet. Kornelis stated that the job had been offered and was rejected. Kornelis added that another person has been offered the position and he will be in Kenai on March 28 to discuss the job and visit the area. Williams stated his concern with regard to the City's obligation for moving, etc. (Williams referred to a law regarding fish processors.) Kornelis stated that the City is not paying any moving expenses and that was made very clear. Graves stated that he would research that law, but did not think it would have bearing on this situation. Williams asked if the man is paying his own expenses to come to Kenai for an interview. Kornelis stated yes. Measles added he believed state law dictates that if you pay for a person to move to an area for a job, you must pay for moving expenses to move him back out of the state. Swarner stated her concern for the length of time it has taken to hire a building inspector. Kornelis stated he just received the applications from Job Service the end of December. Kornelis added that he interviewed five people over the phone. G. City Dock. Kornelis reported he received a request for use of the city dock for unloading herring by Deep Creek Custom Packing, Inc. Kornelis added that Deep Creek Packing would use the facilities when the City is not, i.e. April 20-May 15. They are willing to pay hC per pound. They will not be using City equipment. Council consensus was that there were no objections, as long as Deep Creek Custom Packing understood the stipulations and followed them and that they understand where the zero's are at in regard to the amount they would be paying the city (referring to a typographical error in their letter). I-7. Airport Manager No report. ,.� KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 16 NOTION: Councilman Smalley MOVED to convene in an executive session of the Council of the City of Kenai concerning matters the immediate knowledge of which would clearly have an adverse effect upon the finances of the City of Kenai. Smalley requested that Kornelis, Howard, Brown, and Graves attend the work session. Councilman Bookey SECONDED the motion. [11110 4-V Williams: Yes Bookey: Yes Swarner: No Monfor: No Measles: Yes McComsey: Yes Smalley: Yes NOTION PASSED. EXECUTIVE SESSION BEGAN: 8:53 p.m. BACK TO ORDER: 9:53 P.M. NOTION: Councilman Measles MOVED that the Council direct Administration to attempt to make a settlement with the Alaska Court System in regard to the courthouse project, subject to Council approval at. a later date. Councilman Smalley SECONDED the motion. VOTE: Williams: Yes Bookey: Yes Swarner: Yes Monfor: Yes Measles: Yes McComsey: Yes Smalley: Yes MOTION PASSED UNANIMOUSLY. J-1. Citizens a. Bill Dunn - Redoubt Plumbing. Mr. Dunn distributed a written statement to Council. Dunn stated he is the office manager for Redoubt Plumbing. Dunn stated that Redoubt Plumbing was the mechanical subcontractor on the Congregate Housing Project. Redoubt Plumbing has not been paid for some of their work and the general contractor is withholding other amounts as KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 17 well. Dunn requested Council to find out if the contractor has been paid for the line items and why they have not paid the subcontractors. Dunn added that it has been six and -one-half months since the City accepted the project. Williams stated that the second final inspection is scheduled for Friday. If the work has been completed successfully, then the contractor can pay the bills. Kornelis stated he did not know why Gaston (the general contractor) had not submitted the pay estimates. Kornelis added they have not been submitted to the architect. Kornelis stated Redoubt was welcome to review the pay estimates on file and the payments made. Kornelis stated the City has paid all pay estimates except ten percent retainage. Requests have been submitted and Gaston is reviewing them. Dunn stated he does not know if Council can do anything at this time, but would appreciate any help they can give through inquiries, etc. Swarner asked if administration was aware of any others not paid. b. Chuck Mazurek - Solana Cabinets. Mazurek stated he attended the council meeting in October when the city paid Gaston for 98% of the contract. Mazurek stated he has not been paid for ten percent of his work. Mazurek stated he feels Gaston is in trouble on the job and the reasons for his payment being withheld are frivolous. Mazurek stated he is being fined $1,000 a day for holding back the project. Mazurek stated they have filed against the bonding company. Kornelis stated there was an extensive punch list after the first final inspection. Mazurek stated it is Gaston's punch list and Gaston's work to be done. Mazurek stated he believes the City owes Gaston approximately $55,832. Williams stated that he is hoping that after the Friday inspection, these problems will be resolved. Mazurek stated he understands Gaston is filing claims against the architect for delays to the project. Kornelis stated he has heard that rumor as well. Smalley asked if there was anything the city could do to request Gaston to pay their subcontractors. Kornelis stated that they have to pay their subcontractors. Kornelis added there is a lot of money in change directives and change orders. Kornelis added that he has not seen a figure for liquidated damages. Kornelis added the contracts say liquidated damages do not stop if the facility is being used. KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 18 Swarner asked Graves if there is something the City can legally do. Graves stated the City is not really involved with the subcontractors. Graves added that the subcontractors have pursued their best remedy by filing against the bond. The City cannot intervene between the general and subcontractors. J-2. Council Bookey - Nothing. Swarner - a. Referred to the binders of city administrator applications and asked if they should review them.before Monday. Williams suggested they review as many as possible. Williams added that if they do not have a bachelor's degreeor their set years of experience, they should be rejected. If a special case is found, bring it to Council's attention on Monday. Williams requested Freas copy the notes from the last work session which set out their requirements. Williams suggested that upon review, if the applicant did not have the necessary initial requirements, an "X" be placed in the upper right hand corner of the page so that other councilmembers do not have to bother reviewing if they so wish. b. Swarner stated she will be attending an AML Legislative Committee meeting in Juneau March 30-31. Swarner stated her concern of when another work session will be held to further review applications. A tentative date was set as March 29, 1993. C. Swarner requested action be taken to have junk cars removed from property across the road from the Peninsula Memorial Chapel. Also, there are junk cars being placed on property across from Morgan Steel. Swarner requested action be taken to investigate those as well. Xonfor - Will not be in attendance at the April 7, 1993 meeting. Monfor added that the School District met at the Bicentennial building and were very impressed. xeasles - Nothing. MaConsey - Will not be at the April 7, 1993 meeting. Will return to Kenai after April 11. Smalley - Asked if any meetings have been scheduled with bed and breakfast, hotel/motel owners regarding bed tax. Brown stated it would be an excellent project for the new city manager. Smalley stated that the subject will probably return by elements of the KENAI CITY COUNCIL MEETING MINUTES MARCH 17, 1993 PAGE 19 community. Williams stated he did not have the time in his schedule. Smalley stated he did not want the issue to die and go away. Williams - Reported he will be attending a meeting at the Economic Development District with Bernie Richert of EDA. The meeting is in regard to finding funding to build an ice rink. At this time Williams believes that some funding could be received from corporate donations. Williams added that we one-half of the money is donated, he believes the Governor will give the other one half in the capital budget. Swarner asked how the land trade is progressing. Smalley stated it is being pursued in Juneau. McComsey asked the progress with PTI. Williams stated that the proposal is being reviewed by the corporation at this time. The building proposed has been increased in value. Williams added that PTI is also looking at building their facility in North Pole or Juneau as well. Williams stated that Lobbyist Reed is working hard for the city in regard to PTI and the hockey rink. The meeting adjourned at approximately 9:52 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk R«'j y-r 11, IN REPLY REFER TO: RE r9Q United States Department of the Interior FISH AND WILDLIFE SERVICE 1011 E. TUDOR RD. ANCHORAGE, ALASKA 99503 Charles A. Brown Acting City Manager City of Kenai 210 Fidalgo Kenai, Alas a 99611 Dear Mr. own: This is to formalize our in the Kenai City Office Ein M.- telephone conversations and meeting on March 29, 1993. our office received a letter from Mr. Jack LaShot, Kenai City Engineer, dated March 22, 1993, concerning the Overland Avenue right-of-way, which is currently in trespass on U.S. Fish and Wildlife Service (Service) U.S. Survey 1435. He stated that the Kenai City Council "did not approve of the City having to pay for a right-of-way that has been in use for 25 years and that the City properly tried to acquire." Further, Mr. LaShot asked for options whereby the City could officially obtain a right-of-way and asked why the U.S. Fish and Wildlife Service (Service) could not dedicate the right- of-way. He stated that if the survey is subdivided the Kenai Peninsula Borough will require dedicated access. In response to Mr. LaShot's letter, I asked for a meeting with you and Mr. LaShot on March 29, to discuss each other's interests and to address questions posed by Mr. LaShot in his letter. I faxed a record of correspondence relating to the right-of-way to Mr. LaShot on Friday, March 26, to provide you both with background information. In the meeting you reiterated the City's reluctance to pay for a right-of-way that has been in place for a number of years. I explained that the Service does not have the authority to waive regulations. Service regulations do not require a local government to pay an application fee, but reimbursement of costs for processing the permit and a market rental fee are obligatory. Rental fees may be paid on an annual basis or as a 5-year prepayment. Rental fees are determined by appraisal. You were told that I am unable to provide appraisal services at this time; therefore, the City would need to hire a fee appraiser. Appraisal instructions would be provided by the Service, and the appraisal would be reviewed by a Federal Review Appraiser. The regulatory environmental assessment work would be conducted by the Service. It was explained that you would be provided estimated processing costs which would be paid in advance. With issuance of the permit, overpayment would be reimbursed; underpayment would require settlement of the balance due. The question of the Service dedicating the road was raised. I explained that U.S. Survey 1435 was withdrawn by Executive Order for use as a headquarters site by the Service. The Service does not have the authority to donate or sell land withdrawn for specific purposes by the President. We cannot, therefore, dedicate the road. There is no intent to subdivide the survey while it is under Service jurisdiction. You were told that the survey is included in congressionally mandated negotiations for a land exchange with Kenai Natives Association, Inc. (KNA). Public Law 102-458 requires that negotiations be completed by April 23, and that the exchange parties present proposed exchange legislation to Congress by June 23. While the Service does not have the authority to dispose of the survey, Congress does. Should the City not submit an application for right-of-way, it will not be protected in a deed reservation if the property transfers out of Federal jurisdiction. Should the property remain with the Service, and the City decide not to submit an application, the regulatory process requires that the Service issue a notice of trespass to the City. The case file will then be transferred to the Department of the Interior's Solicitor's Office for action. During the meeting you asked if the Service could include a clause in the negotiated exchange agreement for dedication of the right-of-way by KNA. The Service cannot act as an agent for the City. The City will have to deal directly with KNA in requesting a dedication of the right-of-way should property title transfer. You wanted to know if the Regional Solicitor could waive regulatory requirements. He cannot. You were concerned that the Service might not be able to issue a permit within the exchange negotiations' time frame. If application is submitted before negotiations are completed, we can insert a clause into the exchange agreement stating that the City has applied for a right-of-way permit(s), that we expect the permit(s) to be issued, and that the deed will reflect the reserved rights of the City as described in the permit(s). In our phone conversation on March 30, we agreed that a two week time frame is reasonable for submission of the application. If we have not received the permit applications within two weeks of receipt of this letter, we will conclude that the City has decided not to submit applications. If the City's water and sewer lines are within the boundaries of the survey, separate applications will need to be submitted for these as well. If you have any questions or further concerns, please feel free to contact me at 786-3421. Best Regards, Dee Butler, Apprai$;er s. o - N M 7C � - �» cJ ♦D .cs J O •D `� ♦D N x O # # W K K E d w F V] a rn E- m # E i K x r K rn d k F m Y W # 04 # O O p O O O [aC K K # N K N N K #� # K w # # � # 0 Z H # .� K 1-•y V K z z � ,� w ,_ ,.y E r• W 94 K Z '>; S; S ..S'i S. .J PC Ems--• .'dam 0 9-4 W Z # V# rJ U C.� V V V H O r Jam" d W W asC.:::: o car rn .tea,• d � 2 � r V # O N w # K O [n K H y N # L� uea a a d a ua O o x CI W V V PL1 P. • o .� a cJ a a •-a M a •-- a )G cn rn w a r'.0 r-r y E can �+ m -n E rHj ♦-J 2 • • a rn ..y to AZ..,:, .-r, w ♦a: •� CJ ..J O W ri d W a on Y O Ml T V 4) W d'I T H r x o a r r % M r r r % r � K K r M LY py C1� fY K k N P r •'^ T d _ U p. x a K W m r K H H E w q T 04 r O S x r M M K W x A r r % r M O O CJ V M M t Y r r r •� a � r M r �� �"•� • .Q M M r �'�•. d. � d a s r u � a K r T aC C-i V � w 5 v O r 'C M W P4 H A q r H K w m W 04 In pa W « o 0 � 04 V « � K � o o r r r r r r o x x K r W r % C7 p K r R AG � W r K O O O x r � p r K a W p W T M M W � .a: r a a o a + pi 4-; Suggested by: City of Kenai ORDINANCE NO. 1533-93 Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,453 IN THE SENIOR CITIZENS - BOROUGH SPECIAL REVENUE FUND. WHEREAS, the United Way has awarded the City a grant for emergency food and shelter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Council on Aging - Borough Increase Estimated Revenues: United Way Emergency Food Grant $2,453 Increase Appropriations: Operating Supplies $2,453 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of April, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 7, 1993 Adopted: April 21, 1993 Effective: April 21, 1993 Approved by Finance:&? (3/30/93) kl #'5 Suggested by: Public Works Dep*L.. City of Kenai Ordinance No. 1534-93 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $64,000 IN THE WATER AND SEWER SPECIAL REVENUE FUND FOR A SOLID WASTE LEACHATE EVALUATION. WHEREAS, the Kenai Peninsula Borough has requested that the City of Kenai consider treating leachate from a future Kenai Peninsula Borough solid waste balefill and washdown water from the Kenai Peninsula Borough's baling facility; and WHEREAS, an engineering study must be conducted to evaluate the cost and effect this will have on the City's sewer treatment plant; and WHEREAS, the Kenai Peninsula Borough will provide financing for the study. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Water and Sewer Special Revenue Fund Increase Estimated Revenues: Kenai Peninsula Borough Grant $64,000 Increase Appropriations: Sewer Treatment - Professional Services $64,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of April, 1993. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: April 7, 1993 Adopted: April 21, 1993 Effective: April 21, 1993 Approved by Finance: 17 (4/2/93) kl 1791-1991 CITY OF KENAI %%Od ea p4W 4 4Z""11 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 288 - MIS FAX 907-283-3014 NiMORAlA UN TO: Kenai City Council FROM: Charles A. Brown, Acting City Manager e QQ DATE: March 25, 1993 SUBJECT: Report on Assessment Petition On March 8, 1993, the City received a petition for water, sewer, and gravel road improvements. The petitioners have requested a special assessment levy not to exceed 25% of project costs. This is the percentage indicated by Resolution No. 92-26. Exhibit I is the petition, which includes the scope of the project and the legal descriptions of the properties. Parcel ,#045-200-20 is listed on the petition, but the owner did not sign. The City Engineer and I believe that the lot should not be included because it has already been assessed for water and sewer off East Aliak Street. Parcel #045-170- 15 has been signed, but not by the owner. Therefore, that signature cannot be counted. So, owners of three of the five lots involved have signed. That meets the required number of signatures per KMC 16.05.030. Exhibit II is a drawing of the proposed assessment area. The blackened portion is the area of improvement. Exhibit III shows cost estimates. To my knowledge, no grants are available. There is a need for these improvements. Apparently, the septage system of the church on Parcel 1045-180-02 will be disrupted by the reconstruction of the Spur Highway. However, the limited scope of the assessment area drives the cost up and makes the cost/benefit questionable. Below is a summary of what an assessment roll might look like. Memorandum Kenai City Council March 25, 1993 Page Two Assess.. City Parcel Sa• Ft• 7 045-190-27 18,520' $ 4,417 $ 13,252 045-180-02 30,360' 7,241 21,724 045-200-01 49,500' 11,807 35,420 045-190-04 61,500' 14,669 44,007 045-170-15 25,575' 6.100 18.300 18�' $44� $132,703 $ 17,669 28,965 47,227 58,676 24.400 S176.937 The fundamental problem with this proposed assessment district is one of high cost relative to the value of the land. Government Lot (0045-200-01) is a good example. It will cost $47,227 to develop a lot on which the Borough has place an assessed value of $18,400. Of that $47,227 cost, 75% or $35,420, would be subsidized by taxpayers or other water and sewer rate payers. This does not seem reasonable to me. Another problem exists with regard to the restriction that "No assessments shall be levied in excess of twenty-five (25%) percent of the fair market value of property after giving effect to the benefit accruing from the work or action for which assessed . . ." (KMC 16.05.010(b). Again, using Parcel #045-200-01 as an example: $11,807/.25 = $47,228. That means that this parcel will have to be worth $47,228, after the improvements are made, in order to assess 25% of construction costs. I doubt that the lot will be worth that much. A Borough appraiser has estimated that the lot may be worth $25,000 to $30,000 after the improvements are done. At a value of $30,000, the most that could be assessed would be $7,500, leaving $39,727 (instead of $35,420) to be subsidized by the City. On the basis that the scope of the project is limited, only benefits five parcels and four landowners, has a low benefit relative to the cost, will require at least a $132,703 subsidy, and will probably require an even greater subsidy because of the above -referenced assessment limitation, I recommend that Council deny the formation of the district. Please adopt such a motion. cc: All six potential assessment participants, including Holland '1--N Rec SPECIAL ASSESSMENT PETIT O Ao*_N WE, the undersigned property owners, desire the City of Kenai to establish an assessment district at 29th Avenue N.E. off Kenai Spur Road at approximately Mile 8.5. Description of Improvements: Extend water and sewer lines whioh„end on Bumblebee Avenue east to 29th Avenue and then north along 29th Avenue to a point near the Kenai Spur Highway right-of-wa`. (See attached). The exact terminus will be specified by the ;epartment of Public Works. The Department of Public Works has�-indicated that the extension of the water and sewer line wild` a o require that the road surface on Bumblebee and 29th Avenue will have to be upgraded to gravel from the current dirt trail status. Therefore, this work will have to be included in theproject, although the petitioners are primarily interested in the execution of the water and sewer extension. Limitations: The petitioners would like this project to be accomplished. However, we wish to restrict our assessment 1 ability to 25% of the actual project cost. s LEGAL DESCRIPTION -BOROUGH PPOPERTY OWNERS SIGNATURE 'lMEZi''�PYiJ�MBEI�" NAME Lot 2, Kay Lynn S/D 4�-_=,-� Kenneth Cox KO. 2, K86-56, KRD oyr-Igo-�7 chat portion of 4-a2 � East Kenai Govt. Lot 28, S34, oYr 1kv - o z Church of Christ , ` r6N, R11W, S.M., lying south of the C Kenai Spur Hwy Govt. Lot 47, S34, � 1- East Kenai T6N R11W S.M. oY3=Zoo_ o C urch of Christ Govt. Lot 48, S34, Vernon Brown T6N, R11W, S.M. aYr-t9o-o{ Tr.A, Misty Haven 44-* -2-A Clint Hall S/D Plat K84-288, KRD oYs-_t00-2o That portion of 4517- Keith Holland Govt. Lot 29, S34, nYf-�7o-/r 90) (4J T6N, R11W, S.M., Ko) i1s�1C lying south of the t3r�p/V Ken 4 / s 1�N9v� f rr rh c/tid e r h Egfi' 9 k f,Cc. 4 i lgjretJ, OrtJ/r.ro� � 91C� • q 7 eit4 pC / / _ Q!t•o �r ti. �y� h�� to 7"'9 P O'ac elf, e9A I-n 1 ti e L .as 27 1Ito — c M IUS' 790, 1 I/.{' 330, r IR 330 t9 --- -- — — — — -- — — 47 z�e.l>.• 1 i' 2 �I 48 0 12 I C �i Is i �, 1 2 I 13 I e, 1. DI tA• ;.l.�i• rep' ��.^•' ��•-E-L-H-RBE � — — — G 155GN su BDIVI SIC I B L)P ZL. r: Clt L- 63 16S ;r.a� -•.re �, ��.ra C v.re' 7 1 �..�s. iol1 T/2 A Q ®�� lJ L4GAc - VJ 19 rN .43rlc.= n� .43^c+ v a 3 o �Yr-�o0-30 ,' p s 3 4 5 6 m� 5L'6. A4 1 C\.) ,r9.s7' R ,rs... C O ozo Ci ,C N •Y�JI •14.I1 -- - C! .21 K.=Q `l ` .29A•= c0 •LIAc� �- 74.`_ 74`- ' `�� 546Z l I ,' 33 10. z -[ i i.. ^ E -- R E-+ N.E. rAST AUlAC STIGfiT •/� . 3 So' MIsTd N,►ver.✓ Sua K 94- Lod /'.HCc.•c" CiNA cliRlr �/°/..'/ 1-----=----!L- 4"-- 1791-1981 CITY OF KENAI „vd edpdW 4 4ia44a„ 210 FIDALOO KENAI, ALASKA 99511 TELEPHONE 253 - 7535 FAX 907-283-3014 TO: Charles A. Brown, Acting City Manager FROM: Jack La Shot, City Engine DATE: March 10, 1993 Below is a rough cost estimate to construct a water distribution system, sewage collection system, and gravel road, as requested by the group of rea deuces in r+efemmed area. I have assumed only five sets of water and sewer services, ()` set per lot).' ItAmy be ::best to do it this way. If they want more services, they can arrange to pay those costs totally. Sewer System - 620 LF ...................... $ 43,000 (34%) Water System - 630 LF ....................... 45,650 (36%) Road & Drainage ........................... 37.900 (30 % ) TOTAL CONSTRUCTION .................... $126,550 Engineering, Inspection, Surveying, etc. (20 % const.) ................... $ 25, 310 Administration .................................. 2.000 $153,860 Contingency ................................... 23.079 $176,939 JL/kv W /� - /4::, MEMORANDUM DATE: March 30, 1993 TO: Mayor John Williams Kenai City Council FROM: Planning and Boning Loretta Harvey, Adainistrative Assistant RE: EASEMBR'1' RESERVATION - STEVE C. GILLES At their meeting of March 24th the Commission decided to follow Staff's recommendation to forward this matter back to the City Council with Commission comments regarding removal of the reservation. However, the Commission had no comments, so I am sending it back to Council for action. STAFF REPORT To: Planning & Zoning Commission Prepared By: JL/LH Date: March 18, 1993 Res: !QZMMAL IjGW2WI0N Applicant: Steve C. Gilles PO Box 2738 Kenai, AK 99611 Requested Action: Legal Description: Ezistinq Zoning: Current Land Use: Easement Reservation Lot 2, Block 3, Beluga Subdivision Rural Residential, RR-1 Low Density Residential Please review the attached memorandum to the Kenai City Council, the letter from Mr. Steve Gilles, and other information regarding an easement reserved by the City in 1967 on the referenced lot. I did not route this matter through the Planning & Zoning Commission previously because this is not a normal right-of-way or public use easement vacation and does not need to follow the normal process. Also, the easement as written, appears to have been set aside for utility service then owned by the City. Recommend forwarding this matter back to the City Council with comments regarding the removal of the reservation. 1. Memo to Council, 3/2/93 2. Steve Gilles letter, 2/23/93 3. Grant Deed, 9/11/67 4. Copy of Plat 5. TransAlaska Report, 1/14/93 a:\gMez.rep 1791-1991 CITY OF KENAI "Od Capdai 4 4Za�lf 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 ,03t f 1�3jj , FAX 907.283-3014 ,�b� MAR 1993 OF MNAt MEMORANDUM DATE: MARCH 2, 1993 TO: KENAI CITY COUNCIL FROM: JACK LA SHOT, CITY ENGINEER RE: EASEMENT RESERVATION LOT 21 BLOCK 31 BELUGA S/D Attached is a letter and other information from Steve C. Gilles, concerning the referenced lot. Apparently, in 1967 the City reserved an easement when this property was conveyed to the original owner. As you can see, the easement is somewhat vague and potentially creates a problem for the owner. The easement may have been intended to be for gas or electric service when the City owned those utilities. At this time, the lot is served by water and sewer from Princess Street and surface runoff is routed westerly along Magic avenue. I see no purpose for this easement as far as public improvements. I've discussed this matter with Cary Graves and Charles Brown. We all agreed that Council should review this matter and give Administration direction whether to remove the reservation or not. ,per z �/,-� 1403 City of Kenai Attn: Jack LaShot 210 Fadelgo Ave. Kenai, Ak. 99611 RE: Reservation on Lot 2, Blk 3, Beluga Subdivision Dear Mr. LaShot, February 23, 1993 I presently own Lot Two(2), Block Three(3), of Beluga Subdivision, in the City of Kenai. This lot has a reservation that was placed on the Deed in 1967 by James W. Harrison, City Manager. The reservation reads as follows: (1) A reservation to the City of Kenai of an easement for construction of maintenance for use of public improvements on the said premises. At this time I would like to request the City Council remove said reservation from the property. In talking with the City it appears this was a common practice when transferring City land in the mid 60's and is not necessary anymore. Also, the property (see attached map) is presently bordered by road easements on two sides and a City Park Reservation across the back. The lot is serviced by City Water and Sewer. Thanking you in advance for your time and consideration. I await your reply. Sincerely, Steve C. Gilles P.O. Box 2738 Kenai, Ak. 99611 Enc. :d.. �IIIr: t •, �f � I � F1 : �• � , I� 1 I i ! .� .I' � { .i � .I` •S•d .j+` ai yl .. .�{�!•.�: 7j !' .11r� �•{,' l� l� iIF.,'�1�'.1 SI ?f SS' �' i��; j4 F;� ... �ll''l I e1.. i e• ll t ,L I 1 �:el! "'i:1L! ;9y•I �. �`, I1 !��'�•1 �{19;p•! ,�.`.:��' 1. �,a. # .1. r .tF . I: F 'Ir ...F � '• A 4• ��+ra��rt�usidwilail���merw�aM�Yudl.bro1�-..�Ita�sra�s� ' 4 � i 1st P --r .• I'Mu,r. �G l• I t - G1tAST UED I The Grantor, the CITY Of KENAI, a home-rul, chartor =maaieipal corporat Lon, organized under the laws of the acace '- of Alaska, for and in consideration of the sun of Ona Dollar 4 ($1.00), lawful money of cha Unitud States, and *:her good and vaLublu considerations to it in hand paid by chu Grantees, . -- conveys and &rants Co GL4:.4 A. R0BIN:;0:1 and S. dLI:.AUTN ROBINaOY, husbanJ and wife of North Kenai, Alaska, to hold as - tenants by the dneirdty with right of survivorship. the follow- _ Lng daseribed real property: Lot Two (2). Block Thrda (3). of BdLCGA aUBDIVISICN, _ according to the 21ac K-1425, filed in the Kenai - A .. Recording Dtsericc, Third Judicial District. acace of Alaska. - =+ The Grantor covenants It has not previously convoyed the aforedasctibad real pcopaety to any other party and said pcoparcy is encucbarad only as reflecced in rt the raeoeds of cba Kenai Recording District. Alaska. i _o ILXCdgnll,C AND ".;iAVL`:C F.:CX THIS CODIVaYANCE the following: • . (1) A rasuevaeion to the City of Komi of an y_ eeseoeent for eonsertwcion of malne.nane.e for use of public improvements On the said - premises. - „e,,.,, _•,. :._:,x .-, "ems (2) Resarvationse restrictions and aas.a:nes of + record. DAiam at Kenai. Alaska. V_ day of 9.pcue:ber. 1967. 1 JA K. BA" L.Gii City Manager AMMUMCMDOT ' ' • ' ` '. STATIC OF ALASKA ) .4as.. - : TNUD JUDICIAL DISTaICZ) i .seleO ...w.a TKIS IS TO CdaTITY that on the �_ day of 3upt.xbar, '�"``' ~-••�•••• 1961, before the undersir.•wd notary public. personally can:. ' nq "� •' "'�� Z JAMU 'd. MAULiOa. known to za to be the City 10amagat of tee _.._ ,,:,iiav .::���•y.�.a Ciay of KenaL. Alaska. and acknwledgad that this foragoLn{ Instrument was st6ned and ocknwleds.d as an official aet:an -e• .n� - - as b.ba.1 of the City of Kenai. w�� ���i_w - f._.� - • Sant T131 ~� .+��''•'. • , y Ic Laa—a .7rA1f{u V:aJ'0. , Catlssion a VUesu _ f :..'• 0 0 BELUGA SUgDlV1S1< (4corftelioij Plot) ICJTYOF Offp))-ALASKi w Ign1vISIoN AbASKA :•a eI IL�' � I to 7a a I1 ira • -' 7'la ) ..'as•V. I I sw wv t •�1 a• � I I O• L:• Js r I i Y f ar r.w tIR I t �~I(M "I pe � ! 4 � I� W fa w e�� I I i hi i I � (rwd al 1.w.1 lyi.y wr M« l Y'h d S.a1f.w 77, t r I(, R.nY.1 } f}., l.Iw q 1Mw,.. AL.b..wd .wr• t..6..1.•1� an.aNa n 1.q..n• "fl•1 ll.r uwl.a Y..•rw.• .1 .aia }•• u. •wit S..•w6. .I. y IM 1+ S ,h A,. 1.• ....a. }.•► 1. lip T+1•rI M r•tiwwin}: t1..w.. awiiwv. 'j.I••a 6. 1.• r•)..M fwtly Ihawu )..)••a:•s M 1n taa w 1a.f f hoe". rtt,a hr •.•l. W. 16.w I.Ie s4t.1N a.a•la 1.41 b..+..�.-dlit W.a•..1.•1, n»... t.'s 1..... 1.0 1. a. I.;,f OI Carhh•+Ia Ot O.-TOwt 7. ti.aaafr 1. . 1 S1.rrYy Nrl.ly 0.1 ISM I•,J.1 1•wa 1Mw•1 •+a a. +. n., a M r.+ n 1M f••p •ly .f 1M CAy •) 1hw•.. Abd.,. w ...++.r.rwl a••t••.t..+. •wa 1%4 IM.. 14wd s•r4vr..q 1... L.•+w..a, v04 llw r•.,.•.1 d ...a .Jy. 1 t...14w ••.1.1, 11..1 %%. lily •1 K. wn,AlaAa.a... Mr.ry d.L..r Atl •+d .-A..l...w I..." 1w10.4 S. � s •.., y+�A.Mw.wL aw..+. wl. till IS•wagat �+r.a•.1..a ,+a ....w 1. wt.•. w+, • Ii.+. y Nal». IMs_a•y •1 �..+rr 1 Iw.rl..t a•rl.ly I1..1 11.. 11w1 +l..rw Iw•..w .,..w•.y.a w+arr +.yb...N.+•+a al••..w. w.www.rwp at.1 1_.11..• ...lily N..1 �w.w d:+..ns..w) .wd {+•r.wa)s w•s t.r...l.l• 1M In+► .1 wy 11w.wlsa�a ww1 Ifal»{. ' til . _+14/Mi(a.. l t;a.l. .I 1M I.Is r lbis w4d.v.N.•1 +1..11 ♦. swrlaal w •• •w•aw. nl. 1.• •+y •...+.wl. ay.iwa l..I a•di+.w.a .1 Ilw Cay al t+•w.i, .raw •ws1,11a4 lo'1 il.a till44 jrjar.as. a�1S ' e1.M. w.• Kasai ell trwwtil. 1M.f N b .-Ady 0_% Ilw .0%.w 114 wits all "&, Mi.a 1..wa .11.w.a ti7 M. C wwul .t xawad C+1y. /fl..lta. 13i V S i 11..14, ..wlMawlNtltl N 1'.awC • wy FC113 cf %et}a► TRANSALASKA TITLE INSURANCE AGENCY INC. 130 Trading -say Suite #390 Kenai, Alaska 99611 (907) 283-7503 Tax ID No. 92-0087390 PRELIMINARY COMMITMENT FOR TITLE INSURANCE Order No.: 445849 cc: Freedom - Dave Keating cc: Freedom - Steve Crane To: TransAlaska Title Agency 170 N. Birch, #101 Soldotna, AK 99669 Attn.: Linda Date: January 14, 1993 at 8:00 A.M. Amount Premium Standard Owners $15,000.00 $250.00 First American Title Insurance Company, agrees to issue, or cause to be issued, on request and on recording of any appropriate documents, a policy or policies as applied for, with coverages as indicated, based on this preliminary commitment that title to the property described herein is vested on the date shown above in: JUNE GOLDSBERRY WILSON, TRUSTEE OF THE JUNE GOLDSBERRY WILSON REVOCABLE TRUST, ORIGINALLY DATED APRIL 33, 1975, AMENDED SEPTEMBER 30, 1977, FURTHER AMENDED MAY 20, 1981, AND FURTHER AMENDED MARCH 31, 1989; AND S. ELIZABETH ROBINSON; AS THEIR RESPECTIVE INSTERSTS MAY APPEAR subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the policy form. This report and commitment shall have no force or effect except as a basis for the coverage specified herein. Tr "sAlaska of Kenai, I Pot Tressle#, Description: le Insurance Agency e Officer Lot Two (2), Block Three (3), according to the Plat of BELUGA SUBDIVISION, filed under Plat No. K-1447, in the Kenai Recording District, Third Judicial District, State of Alaska. TransAlaska Title Insurance Ayency�;--znc: �•-_- - ro File No. 445849 Page 2: Exceptions: 1. Reservations and exceptions as contained in the Quit Claim Deed from the United States of America to the City of Kenai, Recorded April 12, 1964 Book/Page 27/303 And Deed of Release, including the terms and provisions thereof, Recorded June 3, 1966 Book/Page Deeds 33/143 And Deed of Release, including the terms and provisions thereof, Recorded November 19, 1973 Book/Page 74/308 2. Taxes due the Kenai Peninsula Borough for the year 1992. Amount Taxed $167.72 Amount Due $-0- Land Value $13,300.00 Improvements $-0- Tax Code Area 30 Parcel No. 045-230-05-9 3. Assessments, if any, due the City of Kenai. 4. Covenants, conditions and restrictions, including terms and provisions thereof, as set forth or referred to in the deed: Recorded September 11, 1967 Book/Page Deeds 48/86 5. Easements, building set back lines, notes and dedications as set forth and delineated on the face of the plat. 6. Submission for our files of appropriate certification of the Trustee of the Trust Agreement referred to herein; said certification needs to state that said Trustee has the necessary approval to act within the power of the Trust Agreement. TITLE TO VEST IN: STEVE G. GILLES and we find no unsatisfied judgments or tax liens against same. NOTE: State of Alaska, Division of Insurance Order R92-1, requires the immediate billing of this class of service and the collection of the charge within 30 days of the first billing. Delayed payment or nonpayment may be viewed as a rebate or inducement under AS 21.66.310 PAYMENTS MADE WILL BE CREDITED TOWARD THE FINAL BILLING Thank you for your order. If we may be of any further assistance, please call. 1/15/93 1791-1U1 N- CITY OF UNA 210 RDiALGO KENAI, ALASKA 8l811. TELEPHONE 283 - 79M FAX 907.283-3014 MEMORANDUM TO: Kenai City Council FROM: Kim Howard, Administrative Assistant DATE: March 30, 1993 FOR: April 7, 1993 City Council Meeting RE: Assignment of Lease - Counter Space #168 Airport Terminal Johnny Jackson and Artha L. (Bonnie) Koerber d/b/a Payless Car Rental are the lessees of the above referenced property. Attached is their letter requesting the City's consent to the attached Assignment of Lease, to Michael R. Routt and Roxanne R. Routt d/b/a Payless Car Rental. This assignment was originally scheduled for approval at the March 3 meeting, but was pulled at the request of the lessees. The lessees are current in lease payments, sales tax and property taxes. The City Attorney has reviewed the documents. He has no objection to the assignment. so, the Administration will prepare a Consent to signed by the Acting City Manager. Attachments cc: Johnny Jackson & Bonnie Koerber Michael & Roxanne Routt /kh LEASESVISSIGN.NEN Rental? If gnment to be A P.O. Box iW / Kenai, Alaska 99611 Telephone (907) 283-7865 For Reservations 1-800-PAYLESS �enr�tary GGv Kim Howard Administrative Assistant +y of Kenai 210 Fidalgo Kenai, AK 9961 1 71) par t�'s. Howard: r FEB 1993 �I t� 1 AD.Mi1, ". _ 11 \_ . we are asking the city Council to consent for the transfer of Counter Space -111? 6, Kenai Airport Terminal lease from Johnny _-ackson and Artha L. (Bonnie) Koerber to Mr. and Mrs. Michael Routt d/b/a Payless Car Rental. Thank: you eery much for your time. Sincerely, ,\ c�� V 1 Johnny JacKson � "ha L onnie erbe� `� \ This assignment, entered into between JOHNNY JACKSON & ARTHA L. (BONNIE) KOERBER d/b/a PAYLESS CAR RENTAL, P.O. Box 1411, Kenai, AK 99611, hereinafter referred to as the Assignors; and MICHAEL R. ROUTT & ROXANNE R. ROUTT d/b/a PAYLESS CAR RENTAL P.O. 1307, Kenai, AK 99611, hereinafter preferred to as the Assignees. Assignors do hereby assign and transfer all of their interest in the leasehold estate as evidenced by that certain Lease Agreement with the CITY OF KENAI as Lessor, recorded July 15, 1991, Book 385 at Page 919, Kenai Recording District, and covering the following -described property: Counter space #16, first floor, terminal building, Kenai Municipal Airport, within the NW1/4, SE1/4, Section 32, T6N, R11W, S.M., AK To have and to hold the same from the date hereof, for and during all of the remainder yet to come of the term of said Lease Agreement. Assignees agree to comply fully with all the terms and provisions of the Lease, and to hold the Assignors harmless from any liability arising thereunder. IN WITNESS WHEREOF, t said ATTSI.�_ * rs have hereunto set their hand and seal this -i�ay of, 1su. ASSIGNOR: JOHNNY JACKSON & (BONNIE) KOERBER CA By ARTHA L. d/b/a PAYLESS Secretary/Treasurer ASSIGNEE: MICHAEL R. ROUTT & ROXANNE R. ROUTT d/b/a PAYLESS CAR RENTAL Secretary/Treasurer STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) IS IS TO CERTIFY that on this day of—� 1993, , being personally known to me or having pro4ticed satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Publc o laska My Commi sion Expires: STATE OF ALASKA ) ss THIRD JUDICIAL DISTRICT ) 1 T S S TO C TIFY that gn this `��� day of t—CiA�, 1993, 2 , being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. C Notary forA10ka My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO C TIF th_ on this �a- day of , 1993, ��ha�� <C�`� , beingpersonallyknown to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrumQnt. Notary Publ for Al k My Commission Expires: -S STATE OF ALASKA ss THIRD JUDICIAL DISTRICT ) IS IS TO f77Y t at on this 'day of1993, U�� , being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and auZrized execution of the foregoing instrum t. 1 Notary Publ c or Alai( My Commission Expires: CITY OF KENAI 210 FIDALGO KENAI, ALA$KA 9WI TELEPHONE 263 - 7335 FAX 907-283.3014 MEMORANDUM TO: Kenai City Council I, FROM: Kim Howard, Administrative Assistant DATE: March 30, 1993 FOR: April 7, 1993 City Council Meeting RE: Assignment of Loan* - Countor Space #20, Airport Terminal Cheryl Jackson d/b/a Budget/Sears Rent -a -Car is the lessee of the above referenced property. Attached is her letter requesting the City's consent to the attached Assignment of Lease, to Garrison Corporation d/b/a Budget Rent -a -Car, Johnny Jackson, Ed Wehrstein and Artha L. (Bonnie) Koerber, Individually. The lessees are current in lease payments, sales tax and property taxes. The City Attorney has reviewed the documents. He has no objection to the assignment. Does the City Council agprove the Assignment of Lease from Cheryl Jackson d/bla Budget/Sears Rent-A-Car to Garrison Corporation d/bfa Budget Rent -a -Car. Johnny Jackson, Ed Wehrstein and Artha L. (Bonnie) Koerber. Individually? If so, the Administration will prepare a Consent to Assignment to be signed by the Acting City Manager. Attachments cc: Cheryl Jackson Johnny Jackson, Edward Wehrstein, Bonnie Koerber /kh LEASES\ASSIGN.MEN C:\HP51\LEASES\ASSIGN.WA MARCH 24, 1993 KIM HOWARD ADMINISTRATIVE ASSISTANT CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 DEAR MS. HOWARD: WE ARE ASK I NG THE C I TY COUNC I L FOR CONSENT OF THE TRANSFER OF COUNTER SPACE -v20, KENAI AIRPORT TERMINAL LEASE FROM CHERYL JACKSON; TO GARRISON CORPORATION, DBA BUDGET RENT A CAR. THANK YOU FOR YOUR TIME. RESPECTFULLY; N�� � 1 ASSIGNMENT OF LEASE THIS ASSIGNMENT, entered into between CHERYL JACKSON, P.O. Box 527, Kenai, Alaska 99611, hereinafter referred to as the Assignor; and GARRISON CORPORATION d/b/a BUDGET -RENT -A -CAR, JOHNNY JACKSON, ED WEHRSTEIN, AND ARTHA L. (BONNIE) KOERBER, Individually, P.O. Box 267, Kenai, Alaska 99611 hereinafter referred to as the Assignees. Assignor does hereby assign and transfer all of her interest in the leasehold estate as evidenced by that certain Lease Agreement with the CITY OF KENAI as Lessor, recorded July 15, 1991, Book 385 at Page 903, Kenai Recording District, and covering the following described property: Counter Space #20, first floor, terminal building, Kenai Municipal Airport, within the NW}, SE}, Section 32, T6N, R11W, S.M., AK. To have and to hold the same from the date hereof, for and during all of the remainder yet to come of the term of said Lease Agreement. Assignees agree to comply fully with all the terms and provisions of the Lease, and to hold the Assignors harmless from any liability arising thereunder. IN WITNESS WHEREOF, the said Assignors have hereunto set their hand and seal this day of , 1993 ASSIGNOR: CHERYL JACKSON BY ASSIGNEES: GARRISON CORPORATION d/b/a BUDGET -RENT -A -CAR JOHNNY JACKSON, President EDWARD WEHRSTEIN, Vice President ARTHA L. (BONNIE) KOERBER, Secretary STATE OF ALASKA ) ss THIRD JUDICIAL DISTRICT) THIS IS TO CERTIFY that on this day of , 1993, Cheryl Jackson , being personally known to me or having pro- duced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for the State of Alaska My commission expires STATE OF ALASKA ) ss THIRD JUDICIAL DISTRICT) THIS IS TO CERTIFY that on this day of , 1993 Johnny Jackson , being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing in- strument. Notary Public for the State of Alaska My commission expires STATE OF ALASKA ) ss THIRD JUDICIAL DISTRICT) THIS IS TO CERTIFY that on this day of , 1993, Edward Wehrstein , being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the volunatry and authorized execution of the foregoing instrument. Notary Public for the State of Alaska My commission expires STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT) THIS IS TO CERTIFY that on this day of , 1993, Artha L. (Bonnie) Koerber , being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing in- strument. Notary Public for the State of Alaska My commission expires 1791-1881 : " CITY OF KENAI %Od OapiW 4 4" 210 FIDALGO KENAI, ALASKA 99e11 TELEPHONE 283 - 7535 FAX 907-283-3014 4 6 --N_ ! 1 11_ TO: Kenai City Council FROM: Charles A. Brown, Finance Director e4Q DATE: March 31, 1993 SUBJECT: Quarterly Investment Report; First Quarter, 1993 During the first quarter of 1993, the following securities were purchased by the City of Kenai: Date TvDe Annual cost Days Rate 2-2-93 T-Notes $3,345,475 363 3.47 2-2-93 T-Notes 3,349,352 544 3.88 2-12-93 T-Notes 1,984,225 473 3.74 3-10-93 AML Pool 250,000 N/A 3.17 3-26-93 FNMA Disc. 3,096,703 146 3.09 Exhibit II shows interest rate trends, which generally decreased during the quarter. However, most of the rate decline occurred during January; February and March have been mostly flat. Most economists are still saying the same thing that they said three months ago. They expect moderate inflation, a slow recovery, and low interest rates. It is unlikely that short-term rates will rise much from the current levels, at least not for most of 1993. Exhibit I shows the current status of the City's portfolio. The average annual yield of the current portfolio is 4.15% on $29,052,131 invested. At the end of last quarter, the City's average annual yield was 4.52% on $28,303,656 invested. At the same time you receive this memo, you will receive the draft FY94 budget. In the memo that accompanies the budget, you will note that I have estimated FY94 interest at 3.58%. ''If I arrived at this rate by assuming that all maturities Memorandum Kenai City Council March '31, 1993 Page Two between now and July 31, 1993 are reinvested at 3.4%. This seems reasonable based upon current rates (see Exhibit II'). The result is a General Fund budget reduction of $262,000 for FY94. As I do -each quarter, I will compare the City's return on investment with specific benchmarks: Average City yield, 12-31-92 4.15 12-week average yield, 3-mo. T-Bills 3.02 12-week average yield, 6-mo. T-Bills 3.20 12-week average yield, 12-mo. T-Bills 3.42 State Investment Pools, January, 1993: Colorado 2.88 Pennsylvania 3.17 Massachusetts 3.16 o M O 1 � M Ii, 5 U O A'. O . + a a r OO .-• .-. ""� M �"� N M �M M N r' N O ti R a o O O O O O O o o O O O a AO .w ♦P MP IMP X w aiw de •P 1P Jr w+ dw .i'. M .--1 M .--� M !► �o Y'. .f1 CO .tl O �b p w O O O O O O O p O O O O O O O O O O O O O O r O O d O O O O O O O O ►y E OG O O O O O O O O O O O O O d O d O O O O O O O [n 0 0 0 0 0 af, .f1 O O O O is', Y3 O Q w r O C15 ."� CD n N M \O � ,O M .►. � O � Q o. OO t \ \ \ \ c m \ \ \ \ \ N a0 O ,p C., C1, C1, O ...� cn O, O, InDo M p b N O N N 03 ,p M (Y. M pa Q pp CI, O m PC p im O, O m O C— O N ad CCI O, CR CN b m m (a s M M O = " a C� • » a o+ ... o+ o, CIDrj �i. M M M M M M M PO '.6 pai Cfl C C N Q w ca a a v a a O m "a CO &a .�. �a`�o�amma��a�ca�eQa 7�C ac . . pet . . aet . • . • ae O as y r a•.rrwre-•wrrr�o� a� x m oamaommc+oaama+.�ss o �• �-. ae �° ae z pe � ae w M M M 1 M M M M M M M Y+ OD CA CA O, CI, O, CA O, CI, O, CI, O, O O M M M M M 6x-A,'6: ?' -2C e--11, Paear�t SM�CI�d k*INt PAW -- Arwaps of Daily F4W as 7.1 1.1 5.1 4.1 3.1 !1 I�NI���NNI milli, MEMO m11c-qmtm..a1wAj6q, Parasol 1.1 1.1 7.1 1.1 5.1 T.1 !.1 yr r. t.1 17I 1S b i! it q it ] `il ITq i- H ill q Z1 I1 g 1 S i ltS q t Hill Feb Mar Apr May Jun Jul Aug Sp Oct Nov Doc Jon Fob Mar Apr 1992 1993 Latrt data slatted an avaraasa at rakes araYabls for dba ark aedimm Yana 2a. 1223 1923 Fadoral F �• T 11o101e Treasury so T_ naallry s� T Yaar n9alny all T -Yoar raaalry 3011mirm" Tar Triawtam- rn e 3.03 3.00 3.28 3.44 3.M 7.21 13 2.9e 3.00 3.19 3.38 e.90 7.24 22 3.10 2.1111 3.13 3.33 3.82 7.12 29 2.94 2.92 3.09 3.2e e.M 7.00 Feb 3 3.1e 2.92 3.10 129 e.ee L95 12 2.92 2.03 3.0 3.32 e.e9 e.93 19 3.06 2.22 3.06 3.22 3.39 e.88 26 191 2.15 3.06 3.17 &21 e.M War S 3.24 2.M 3.08 3.17 &09 e.9e 12 3.02 2.M &09 328 e.24 e.M 19 3.04 297 3.12 342 3= LM 2e • 2.23 2.93 1 Us I 3.18 1 e.17 1 9.M GIRI n aaM in fsowul M. rooms TrNMNy aaaMlNa MIIM an by MY N on o w . Alps of lobe oNllabM so 8�o•day arogM f r weals two dap Vb date ewAlldian avWW (Nllt) saaa y Fa/alal moomm#a @a * of 9t. Louis �� 1✓teK Ays. ���tc.} .2.96 1.// 3.•t � l� +✓�eK 4✓4.. �Y/J_) 3. o.t 3. a 3. 9/.t 369r 6+r.`I 17 Month JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Totals KENAI MUNICIPAL AIRPORT z 1993 MONTHLY ENPIANEMENT REPORT 7 SouthCentral Era Alaska 1,567 3,026 1,496 2,593 3,063 5,619 MarkAir: v9.9%(3052) January 1993 MarkAir: 40.3% (2762) February 1993 MarkAir Monthly Totals 3,052 7,645 2,762 6,651 0 0 0 0 0 0 0 0 0 0 5,814 14,496 iouthGentral: 20.596 (1567) kvka: 39.6% (30126) 3outhCentral : 21.8% (1496) aska: 37.8% (2593) ?� L L A a 7 e � ®w O+ � to h ...... ..... ..... .......a....... .......y,....... ........p...«.. ..... A � r :A a... a......... ?..........�....... »...... .... .., i....... C � RT e ! r I t ..... ....... �................j........ ......�........ .......�j..........2........ n N w o o o o U e o V) V) U') U-j U7 V Q M M N N O O Oh 00 il— 0 LO I 1 1992 193 16WTezm PayP"kng Rda" Total Receipts - July .1, 1992_ thsn March 31,1993 Parking $44,393.42 31 Permits issued - 73762.97 Total - $523156.39 Total Average Parking Receipts for 272 Days = $191.75 fi� �.., INFOURTION ITENS Kenai City Council Meeting of April 7, 1993 1. 3/17/93 Kenai City Council Meeting "To Do" List. 2. 3/8/93 Kenai Police Department 1992 Police Activities Report. 3. Kenai Fire Department 1992 Annual Report. 4. 3/23/93 JW letter to Governor Hickel regarding Kenai Peninsula Borough Resolution No. 93-24 Tesoro/Mapco request to credit the value of future capital investments against their royalty settlement of the Amerada Hess case). 5. 1993 Lease Renegotiations. 6. 3/16/93 Chris's Custom Upholstery letter regarding recovering of library chairs. 7. January/February, 1993 National Civic League, Civic Action. 8. 3/93 Resource Development Council, Inc., Resource Review. 9. 3/22/93 KMart letter thanking city officials who have assisted Kmart Corporation with expediency and concern for their project. 10. 4/93 Greater Kenai Chamber of Commerce, Chamber Chatter. 11. 3/26/93 D. Marcum, Chief Municipal Grants and Loans regarding ADEC low interest loan program for financing wastewater related construction projects. 12. 4/1/93 R.Ernst memorandum regarding office and ticket counterspace availability for passenger air carriers at the Kenai Municipal Airport. TO DO LIST Kenai City council Meeting of ]Larch 17, 1993 CLF Send letters of non -objection or protests for Mr. D's, Kenai Merit Inn, and Kenai Joe's, depending on whether they come current with taxes by April 3, 1993. Send letter of support regarding KPB Resolution No. 93- 24. Draft resolutions of support for the Governor's Dedicated Transportation Fund, School Construction Program, and Capital Matching Grants Program. Get copies of the bills to attach and present at next meeting. Get a copy of the Constitutional Amendment No. 10 for next meeting. Check on availability of Cultural Center for volunteers' reception for April 29 or May 6, 1993. Have copies of city manager requirements available for council. RRE - Advertise availability of airline space at Kenai Airport Terminal. JL - Take easement reservation, Lot 2, Block 3, Beluga Subdivision, to P&Z for review and then forward to Council. Correspond with Fish & Wildlife stating the City of Kenai will not pay for use of the ROW on Overland. Give attention to the junk cars on the road by Beaver Loop, across from Morgan Steel. Also, junk cars still are across from the Peninsula Memorial Chapel. xx - Go ahead with use of dock by Deep Creek Packing, Inc., making sure they know the price and that the stipulations you set out in your 3/17/93 memorandum to Council will be followed. CAB - Attempt to make a settlement with the Alaska Court System in regard to the Kenai Courthouse Project, subject to council approval at a later date. KENAI POLICE DEPT. 107 SOUTH WILLOW ST., KENAI, ALASKA 99611 TELEPHONE 283.7879 TO: Charles Brown Acting City Manager FROM: Daniel Morris 90,12 Chief of Police SUBJECT: 1992 POLICE ACTIVITIES REPORT DATE: March 8, 1993 Attached is the Annual Report for Police Activities in 1992. The report includes the three year periods from 1990-1992 for comparison purposes. Very little change occurred between 1991 and 1992. As a result, no changes are planned in enforcement activities or enforcement priorities in 1993. Allocation of man hours to patrol and investigations will remain unchanged unless activities or criminal offenses require otherwise. In 1992 requests for police services increased by 10% over 1991. Reported criminal offenses in 1992 represented approximately 40% of total requests for service. This is consistent with percentages in prior years. 1990 1991 1992 5587 5701 6281 Y. . j Statistics for criminal offenses are separated into three (3) categories. These categories correspond with the system used by the State of Alaska and the Federal Uniform Crime Reporting System. Part I offenses include homicide, rape, robbery, assaults, burglary, larceny and vehicle theft. In 1992, 630 Part I crimes were investigated representing 25% of the total offenses. In 1992 there were fewer assaults and rapes reported than in 1991, but more property crimes. Overall, Part I crimes increased by 7% between 1991 and 1992. Part II offenses include crimes such as arson, fraud, vandalism, sex offenses, drugs, DWI and disorderly conduct. In 1992, 1394 Part II crimes were investigated representing 56% of the total offenses. Overall, Part II offenses increased by 9% between the two years. Part III offenses include criminal traffic offenses (except DWI) and warrants. In 1992, 472 Part III crimes were reported representing 19% of the total offenses. Compared to 1991 Part III offenses increased 8% in 1992. (See attached Table of Criminal offenses). Following the Table of Criminal Offenses is a Table of Arrests. Arrests are included as a matter of interest. Arrests are not an accurate measure of activity or efficiency for the following reasons: 1) One arrest can clear multiple offenses. 2) Multiple arrests can clear one case. 3) Warrants issued for an offense committed in Kenai and served in another jurisdiction are not counted. 4) Warrant arrests made by Kenai Police for offenses committed elsewhere are counted in the Part III category. The number of traffic accidents reported from year to year can be significantly impacted by weather and road conditions. Therefore, the 10% decline in accidents between 1991 and 1992 is not statistically significant. One fatality accident occurred last year resulting in two (2) deaths. In this case, the adult operator and passenger were killed in a vehicle operating at excessive speed. 4 iz 1990 1991 1992 Verbal Warnings 3532 3739 2920 Citations 1059 817 784 DWI 183 152 133 Other traffic arrests 298 249 258 (Reckless Driving Hit & Run Revoked/Suspended license) Total Enforcement Contacts 5072 4957 4095 smliltlimY In 1992 there was a slight increase in overall demands on police services. The small increase in requests for services and offenses may have resulted in the slight decrease in traffic enforcement contacts. No changes are anticipated in allocation of personnel between investigations and patrol in 1993. The youth services position has continued to develop. Based on the requests for presentations and assistance from the local schools, the program has been well received. The Drug Abuse Resistance Education (D.A.R.E.) program at Mountain View Elementary School has received support from the kids, parents, teachers and administrators involved in the program. Approximately 25%-30% of the youth services officers time is spent with the D.A.R.E. program. The officer also serves as a liaison with Division of Family and Youth Services, local schools and community groups. The officer serves on the board of directors for the Peninsula Coalition for the Prevention of Substance Abuse and the Boys and Girls club. The Youth Services Officer and other department personnel participate in crime prevention presentations such as: home security, robbery prevention, drug use, bicycle safety, defensive driving, bad checks and Crimestoppers. The Crimestoppers program continues to be an effective community public safety program. It provides valuable assistance to law enforcement in solving felony crimes, and publicizing unsolved crimes. The department supports the program through clerical, telephone and personnel assignments. Officers serve on ' the advisory boards of the Womens Resource and Crisis Center, Cook Inlet Council on Drugs and Alcohol, Boys and Girls Club, Drug Free Schools Advisory Committee and other community programs. A beneficial working relationship exists between the Police Department and the educational/social service providers in the community. HOMICIDE 0 1 0 RAPE 4 7 1 ROBBERY 0 0 1 ASSAULTS 145 196 172 BURGLARY 81 57 44 LARCENY 325 302 377 MOTOR VEHICLE THEFT 37 25 35 TOTAL PART I 592 588 630 PART II OFFSNSEB ARSON 3 0 2 FORGERY 17 18 15 FRAUD 59 56 82 EMBEZZLEMENT 2 0 0 RECEIVING STOLEN PROPERTY 6 5 7 VANDALISM 175 177 259 WEAPONS 37 50 56 SEX OFFENSES 50 40 35 DRUGS 41 59 66 GAMBLING 1 0 0 FAMILY OFFENSES 22 25 19 DWI 167 152 133 LIQUOR LAWS 162 156 166 DISORDERLY CONDUCT 167 199 240 * ALL OTHERS 320 338 314 TOTAL PART II 1229 1275 1394 PART III OFFENSES TRAFFIC CRIMINAL - DWLS, DWLR (DWI NOT INCLUDED) 298 249 258 WARRANT, CUSTODY, FUGITIVE 188 190 214 TOTAL PART III 486 439 472 TOTAL PARTS I, II, III 2307 2302 2496 *INCLUDES HARASSMENT, CUSTODY INTERFERENCE/KIDNAP, TRESPASS, AND MISCELLANEOUS OTHER OFFENSES PART I HOMICIDE RAPE ROBBERY ASSAULTS BURGLARY LARCENY - MOTOR VEHICLE THEFT TOTAL PART I ARSON FORGERY FRAUD EMBEZZLEMENT RECEIVING STOLEN PROPERTY VANDALISM WEAPONS SEX OFFENSES DRUGS GAMBLING FAMILY OFFENSES DWI LIQUOR LAWS DISORDERLY CONDUCT *ALL OTHERS TOTAL PART II PART III TRAFFIC (DWI NOT INCLUDED) WARRANT SERVICE, CUSTODY FUGITIVE TOTAL PART III TOTAL ARRESTS PART I, II, III DLM/wd 03/93 1990 0 2 0 1 0 0 0 0 1 43 68 56 21 16 17 90 125 123 2 it 7 157 222 204 0 0 2 3 8 8 3 4 0 0 0 0 0 0 0 27 31 30 10 6 9 4 2 1 26 33 41 0 1 0 0 0 0 183 152 133 81 61 121 7 9 18 66 59 81 410 366 444 298 249 258 188 190 214 486 439 472 1053 1027 1120 I . . " q , INDEX - 1992 ANNUAL REPORT PAGE NUMBER 1 SUMMARY - 1992 KENAI FIRE DEPARTMENT ANNUAL REPORT GENERAL DEPARTMENTAWPERSONNEL INFORMATION 2 Primary Goal 4 Manning Chart 5 Description - Fire Chief & Assistant Chief 6 Description - Battalion Chief & Administrative Assistant 7 Description - Fire Captain & Fire Engineer 8 Description - Firefighter & Paramedic CALL CLASSIFICATIONS & BREAKDOWN 9 All Calls - Ten Year History 9 Dollar Loss - Five Year Comparison 10 Fire & E.M.S. Calls - Ten Year History 11 Emergency Responses by District 12 Classification of Alarms 13 Causes of Fire in Buildings 14 Occupancy of Buildings 15 Alarms by Day of Week 16 Alarms by Time of Day BUREAU OF FIRE PREVENTION 17 Bureau of Fire Prevention - Summary 18 Fire Prevention Activity Report DEPARTMENT TRAINING INFORMATION 19 Training Summary 21 Number of Calls & Percent to Training Hours & Percent 22 Fire 1992 Training Hours 23 EMS 1992 Training Hours 24 First Aid and CPR Classes APPARATUS MAINTENANCE 25 Apparatus Maintenance & Repair Report WATER SUPPLY REPORT 28 1992 Hydrant & Hose Report PAGE NUMBER 1 SUMMARY - 1992 RSNAI FIRS DEPANNUAL REPORT GENERAL DEPARTINPTAL/PERSONNEL INFORMATION 2 Primary Goal 4 Manning Chart 5- Description - Fire Chief & Assistant Chief 6 Description - Battalion Chief & Administrative Assistant 7 Description - Fire Captain & Fire Engineer 8 Description - Firefighter & Paramedic KENAI FIRE DEPARTMENT 1992 ANNUAL REPORT Within the incorporated city limits of Kenai, the Kenai Fire Department is responsible for fire protection, emergency medical service, hazardous material incidents and all related emergencies at the Kenai Municipal Airport. The department also handles all fire investigation, code enforcement, inspections, and fire prevention programs, the latter involving the community and local schools. The Kenai Fire Department is staffed by twelve uniform personnel and one administrative assistant who provide professional emergency service twenty-four hours a day, seven days a week, to the citizens of Kenai. 1992 ended with 665 total emergency responses, slightly lower than 1991's total of 672. During 1992 total fire alarms were 170 compared to 192 in 1991. Emergency medical service calls were 495 for 1992 compared to 480 calls for 1991. The year ended with a total fire loss of $96,500, up from $91,500 in 1991. 1992 structural fire losses were $85,600 and vehicle fire losses were $10,900. This is slightly higher than 1991 structural losses of $83,950 and vehicle fire losses of $7,550. 1992 showed no losses sustained due to aircraft or harbor fires. The City of Kenai has been fortunate to be free of fire fatalities since 1981. Four (4) injuries by fire was sustained in 1992 compared to five (5) in 1991. -1- KENAI FIRE DEPARTMENT'S PRIMARY GOAL "To better serve the citizens of Kenai." The Kenai Fire Department covers an area approximately 33 square miles in size with one station located on Main Street Loop and Willow Street. The department is presently manned by thirteen full time personnel. The administration consists of three administrative officers and an administrative assistant. The fire chief and administrative assistant work a five day week while the assistant chief and battalion chief work a ten hour day, four days a week. Each platoon consist of three men, all certified State of Alaska Firefighter I, working 24-hour shifts. The Public Safety Building was constructed in 1972. The location is ideal, in the center of the community and within the required time limits for airport responses. Construction was completed on the apparatus bay to house the airport apparatus and equipment. The facility also houses the Kenai Police Department and the Dispatch Center with dispatchers on duty 24-hours a day. An emergency generator makes it possible to continue operations during area wide power outages. The Kenai Fire Department is responsible for the minor repair and maintenance of all fire apparatus and the station. They are also responsible for day-to-day activities which include fire prevention programs for the local schools and the general public, inspection of all public buildings, enforcement of all fire safety and fire prevention codes as adopted by the City and State of Alaska, as well as investigation of all fires. Through the efforts of the City of Kenai Firefighters Association and many donators, the Kenai Fire Safety House was completed. A well attended dedication ceremony was held in conjuction with the 20th anniversary of the Kenai Fire Station on November 7th. The department is charged with the responsibility for fire suppressionf ambulance, rescue, and hazardous materials incident responses within the City of Kenai as well as all airport emergency incidents. Airport protection requires specialized training and equipment. A response time of three (3) minutes, as set by the F.A.A., requires the equipment be on location within that time limit. A 1992 Oshkosh airport rescue fire fighting vehicle was received in June. The Kenai fire station is equipped with two 1,500 gallon airport rescue fire fighting trucks, three pumpers, a 5,000 gallon tanker, a rescue truck, two advanced life support ambulances, one reserve ambulance and two staff vehicles. A number of buildings in excess of three stories and buildings that require a large fire flow have been built in Kenai. To accommodate fire and rescue operations for these buildings, a request for an aerial device has been submitted in the 1993/1994 budget. -2- The Insurance Services Office (ISO) rates fire protection services in communities on a scale of one to ten, on the basis of such factors as vehicle response times, water system, staff, building age, condition and height, etc. West Kenai is close to the fire station located down town and is generally well served by hydrants. This area has a rating of five, a figure which is average for a City of Kenai's size. The rating affects premiums paid by individual property owners. The department intends to request a new grading in the near future. We are confident that the existing rating of five will be reduced to four, possibly three, which means a reduction in insurance premiums. Areas outside a five mile radius of the station have a higher fire service rating of eight. These areas include east Kenai, where the city limits is seven miles from the station, and VIP Subdivision where the city limits is five and one-half miles from the station. There are no backup water systems in place in these neighborhoods. If water systems were established in these sub -districts and satellite stations, manned with volunteers, it is probable that the classification for those areas could be reduced from the existing eight to a five. A typical home valued at $100,000 dollars could see a drop of approximately 40 percent in insurance premiums. In addition, the faster response time gives the department a better chance of saving lives and reducing property loss. Emergency medical services are currently provided by firefighters who have been cross trained as Emergency Medical Technicians, providing ambulance service to Central Peninsula General Hospital in Soldotna. At present the department has three Firefighter/Paramedics and plans on providing additional Paramedics through attrition to reach our goal of six total. The department manning is a problem that will need to be addressed in the near future. Possible solutions to this situation maybe through mutual aid agreements and/or automatic aid agreements which will accommodate a percentage of manning. The addition of one man has been submitted in the 1993/1994 budget. If approved, this addition will be utilized in the Fire Prevention field to accommodate the increasing Fire Prevention activities ie; public education, inspections, investigations and hazardous materials pertaining to compliance with Sara Title III which is mandated by the federal government. The Kenai Fire Department is dedicated to providing the highest possible level of service to the citizens of Kenai at minimum cost. -3- KENAI FIRE DEPARTMENT Manning Chart FIRE CHIEF ASST. CHIEF BATT. CHIEF TRAINING OFFICER HAZ-MAT RESPONSE FIRE PREVENTION EMS FIRE I INSPECT. I INVEST.11 NNTETENAAN PLATOON MAINTENANCE WATER SUPPLY FIREN B PLATOON C PREVENTION CAPTAIN ENGINEER FIREFIGHTER CAPTAIN ENGINEER FIREFIGHTER CAPTAIN ENGINEER FIREFIGHTER -4- FIRE CHIEF David C. Burnett Date of Hire: May 15, 1971 This position has full authority and responsibility for general supervision of all officers, members and employees of the fire department and the management of all department activities. The Fire Chief is the chief executive officer of the fire department, and subject to the provisions of the City Charter, local ordinances, or directives of the City Manager. The Fire Chief directs all facets of the fire department in a manner that will best insure the safety of life and property within the City of Kenai. The Fire Chief is responsible for all laws and ordinances pertaining to fire safety and sees that the rules and regulations of the department are properly enforced; maintaining a direct and active interest in the affairs of the department at all times and shall cause an accurate record of all business transacted by the fire department be kept, preparing any such reports of departmental activities as may be required by the City Manager; furnishing an annual estimated budget of funds required to properly operate and maintain all fire department activities. The Fire Chief has supreme command at all fires and over all facilities of the department including personnel and equipment; the authority to prescribe such additional duties and issue general and special orders on matters not specifically covered in the rules and regulations or the job descriptions in effect and sees that adequate training facilities are provided and that all members are thoroughly trained in the proper performance of their duties. ASSISTANT FIRE CHIEF Donald R. Morgan Date of Hire: July 17, 1978 This position, under limited supervision, is the second supervisory level in the fire department responsible for planning and coordinating a full range of fire suppression and rescue activities and related administrative tasks. Many different and unrelated processes are involved including supervision, procurement, report preparation and a command role in the field. The incumbent adapts existing policies to specific situations as they arise. Considerable knowledge of fire fighting, supervisory, administrative and training techniques; operation of fire apparatus and rescue methods is required. Contacts are primarily with vendors, citizen groups, business owners and state and local officials; the employee is responsible for planning and coordinating work. The work environment involves high risk and requires considerable strenuous physical exertion in fighting fires and other related emergencies. -5- BATTALION CHIEF Richard A. McCrady Date of Hire: September 9, 1972 Under general direction of the Fire Chief, plans, coordinates, directs and participates in Fire and EMS training and is the third supervisory level. Various responsibilities involved are listed in the National Fire Codes, Volume XII by the National Fire Protection Association. Considerable knowledge of fire instruction methods; methods, techniques and equipment used in modern firefighting is required. The ability to plan and direct training of Fire and EMS personnel; speak effectively before public gatherings; establish and maintain effective relationships with others is also necessary. The work environment involves high risk and requires considerable strenuous physical exertion in fighting fires and other related emergencies. ADMINISTRATIVE ASSISTANT Kim Elliot Date of Hire: October 26, 1981 This position, under the general direction of the Fire Chief, provides administrative support for the fire department and Bureau of Fire Prevention. Serves as receptionist, receiving all public and channeling any business, telephone calls and mail to the proper officer. Issuing and keeping records of all burning and hydrant use permits as well as any others required. Checks out chimney cleaning tools to the public and keeps records of use. All typing of correspondence and purchase orders; day to day accounting; type, file and/or mail out various reports; personnel time sheets and files; assist with public fire education programs on a limited basis. Submits projected budget for office supplies, orders office and other supplies for the department. Performs other related duties as required. 7 FIRE CAPTAIN William D. Furlong - Date of Hire: August 16, 1978 Jason A. Elson - Date of Hire: September 14, 1977 Dennis A. Lovett - Date of Hire: July 1, 1977 This position, under general supervision, is the first supervisory level in the fire department overseeing a full range of fire suppression and rescue activities. Various different duties are involved from supervising fire and rescue emergencies to participating in educational programs in the schools and preparing pre -fire plans. Incumbents adapt existing policies to specific situations as they arise. Working knowledge of fire fighting, operation of fire apparatus and rescue methods is required. Contacts are primarily with the public; the employee is responsible for planning and coordinating work. The work environment involves high risk and requires considerable strenuous physical exertion in fighting fires and other emergencies, i.e., rescue calls, aircraft emergencies, etcetera. FIRE ENGINEER Roger J. Anderson - Date of Hire: February 1, 1978 Walter G. Williamson - Date of Hire: April 25, 1977 Gene F. Backstrom - Date of Hire: November 27, 1985 This position, operating under general supervision, is the second level in the fire department, responsible for driving and operating all equipment used in fire suppression and rescue operations. Various different duties are involved from dealing with fire and rescue emergencies to participating in educational programs in the schools. Due to the unpredictable nature of any given emergency, the incumbents, based on knowledge and ability, must select the most appropriate procedures for a given situation after evaluating the emergency. Knowledge of fire fighting and rescue methods is required. Contacts are primarily with the public to give or exchange facts or information. The work environment involves high risk and requires considerable physical exertion in fighting fires and other emergencies, i.e., rescue calls, aircraft emergencies, etcetera. -7- FIREFIGHTER Scott A. Walden - Date of Hire: July 15, 1985 Michael R. Tilly - Date of Hire: September 5, 1990 Eric B. Wilcox - Date of Hire: December 1, 1990 This position, operating under continuing supervision, is the entry level in the •fire department, performing a full range of fire suppression and rescue activities. Various different duties are involved from dealing with fire and rescue emergencies to participating in educational programs in the schools. Due to the unpredictable nature of any given emergency, the incumbents may have to select the most appropriate procedures for a given situation after evaluating the emergency. Knowledge of fire fighting and rescue methods is necessary to carry out a full range of assignments. Contacts are primarily with the public to give or exchange facts or information. The work environment involves high risk and requires considerable strenuous physical exertion in fighting fires and other emergencies, i.e., rescue calls, aircraft emergencies, etcetera. PARAMEDIC This is a highly skilled, non -promotional rotating shift assignment. In addition to those duties performed in the Firefighter I class, an employee in this class responds on emergency calls to provide efficient and immediate care to the critically ill or injured. Under the supervision of a licensed physician, the Paramedic administers medications, starts intravenous infusions, interprets cardiac arrhythmias and administers electrical counter shock, makes initial medical observations and reports same to physician, keeps physician notified of changes in patient condition, maintains accurate records and reports vital information to hospital personnel while at the scene of an incident, during transport and when patient is transferred to hospital care. Advanced Cardiac Life Support certification, State of Alaska Paramedic certification and certification by the Alaska State Board of Medical Examiners is required. The department currently has three paramedics, one for each duty shift. -8- !7 PAGE NUMBER CALL CLASSIFICATIONS & BREAKDOWN 9 All Calls - Ten Year History 9 Dollar Loss - Five Year Comparison 10 Fire & E.M.S. Calls --Ten Year History 11 Emergency Responses by District 12 Classification of -Alarms 13 Causes of Fire in Buildings 14 Occupancy of Buildings 15 Alarms by Day of Week 16 Alarms by Time of Day 7 T 17 700 600 500 400 300 200 100 0 $400.000 $350.000 $300.000 $250.000 $200.000 $150.000 $100.000 $50.000 $0.000 Ten Year Comparison Total Call Volume "OO 1984 "O" 1986 "01 1988 'a"'u 1990 '-7c' 1992 The Graph Reflects A 43% Increase In Call Volume Five Year Comparison Total Dollar Loss I w= 1989 1 wwV 1991 1=4 The Decrease In Dollar Loss Is Contributed In Part To The Departments Aggressive Public Education Program —9— 1992 EMERGENCY RESPONSES BY DISTRICTS DISTRICT # FIRE EMS 1 24 84 2 51 226 3 53 109 4 14 36 OUT OF JURISDICTION 28 28 UNDETERMINED 0 12 TOTAL 170 495 DISTRICTS DEFINED AS: District # 1 refers to the area west of Birch Street to the city limits. District #2 refers to the downtown area between Walker and Birch. District #3 refers to the area east of Walker to the city limits. District #4 refers to the area south of Ames Bridge. Out of Jurisdiction refers to calls originating outside of the districts. Undetermined are calls to locations not identified on the reports. -11- KENAI FIRE DEPARTMENT CLASSIFICATION OF ALARMS FIVE YEAR COMPARISON CLSSSIFICATION 1992 1991. j 1990 1989 1988 TOTAL ALARMS 665 672 605 615 533 FIRES AIRPORT 5 4 11 15 8 IN BUILDINGS 14 40 36 28 38 BRUSH/GRASS 15 14 7 9 7 RUBBISH NEAR BUILDINGS 0 0 2 2 0 RUBBISH IN VACANT LOTS 0 0 0 0 0 DUMPS/DUMPSTERS 3 3 2 0 1 MISCELLANEOUS 41 22 73 84 34 VEHICLES IN STREETS 18 16 21 15 15 MUTUAL AID 28 25 27 29 57 TOTAL FIRE ALARMS 1170 195 179 182 160 CALLS OTHER. THAN FIRES AMBULANCE/RESCUE 488 469 421 414 354 NEEDLESS CALLS 5 9 2 8 9 ACCIDENTAL ALARMS 0 0 1 1 4 FALSE ALARMS 0 0 0 4 4 MUTUAL AID 2 2 2 6 2 TOTAL ALARMS 495 480 426 433 373 DIRECT FIRE LOSS BUILDING FIRE LOSS 5,600 68,150 106,260 130,950 362,000 TRAILER FIRE LOSS 80,000 15,800 0 0 0 VEHICLE FIRE LOSS 10,900 7,550 28,150 64,200 3,300 AIRCRAFT FIRE LOSS 0 0 0 0 0 HARBOR FIRE LOSS 0 0 0 0 74,000 PERSONS KILLED BY FIRE 0 0 0 0 0 PERSONS INJURED BY FIRE 4 5 1 3 0 .-'IN -12- Iu CITY OF KENAI CAUSES OF FIRS IN BUILDINGS THREE YEAR COMPARISION 1990 THROUGH 1992 1992 1992 1991 1991 1990 1990 CAUSES OF FIRE FIRE LOSSES FIRE LOSSES FIRE LOSSES Chimne s Soot >Burn ing ;.,. 0 0 1 0 1 0 Defective "Chimney/Flue.:.: 0 0 0 0 1 2,000 Overheated Chimney/Flue 0 0 0 0 1 0 sparks 0 0 0 0 0 0 Defective .Heaters 1 80,000 1 3,000 1 0 Comb.. Near Heaters':., 4 1,000 0 0 0 0 open -Lights, Flames 0 0 1 30,000 2 21,500 HOt Ashes 0 0 0 0 1 0 Oil Burners/Furnaces. 0 0 0 0 0 0 "startin `.Fires, 'Kerosene 0 0 0 0 0 1 0 .Careless';Smoking 0 0 1 10,000 1 500 Children:°W/Matches: 4 3,500 1 15,000 0 0 Care less'>use'of-Matches._.:: 0 0 0 0 0 0 Defective Hlec Wiring 2 500 4 1,150 1 3,000 "Appliances &'Motors 1 100 4 1,300 6 500 Home D 'Cleaning - 0 0 0 1 0 0 0 Flammable Liquids 0 0 1 10,000 0 0 Lamps: &:Stoves 0 0 0 0 1 2,000 Gas & Ap liances 0 0 2 1,000 0 0 Grease On Stoves 2 500 5 10,000 3 10,110 :Spontaneous Ignition 0 0 1 500 1 0 :Fireworks 0 0 0 0 0 0 Thawin -Pi es 0 0 0 0 0 0 sparks From Machinery 0 0 2 Soo 1 50 Incendiary 0 0 1 0 2 1,500 Misc. Known Causes 1 0 4 0 9 0 Suspicous, 0 0 1 0 1 65,000 Unknown 0 0 4 1,500 3 100 -TOTAL. BUILDING FIRES 17L 85,600 34 83,950 :36 106;260 -13- OCCUPANCY OF BUILDINGS — TWO YEAR COMPARISON OCCUPANCY TYPE MONTH THIS YEAR TO DATE 19 2 INSP FIRES ?LOSSES LAST YEAR TO DATE 1991 INSP FIRES LOSSES PUBLIC 0 0 LOCAL GOV. 1 0 0 16 1 500 STATE GOV. ol 0 ol 2 0 0 FEDERAL GOV. ol 0 0 6 0 0 SCHOOLS 41 0 0 7 1 500 PRE-SCHOOLS 3 0 0 3 0 0 CHURCHS 8 0 0 10 1 0 AMUSEMENT/REC. 2 0 01 1 2 1000 DWELLING HOTELS/MOTELS 1 11 0 61 0 0 LODGING HOUSES 1 ol 0 11 0 0 APARTMENTS/MULTI 31 11 30001 17 2 11000 DWELLINGS 1 5 001 0 22 54150 STORES/DWELLINGS 0 0 ol 0 0 0 FOUR PLEX 2 0 0 2 0 0 TRAILERS 0 2 80000 0 3 15800 MERCANITILE OFFICE BLDG. 22 0 0 34 0 0 SMALL RETAIL ST. 121 0 0 33 1 1000 RESTAURANT/BARS 4 0 0 81 1 0 LRG.SGL.MERCAN. 6 0 0 31 0 0 STORAGE WAREHOUSE 0 0 0 2 0 0 MALLS 11 0 0 3 0 0 LODGES ol 0 0 2 0 0 LIGHT INDUS. BLDG. WOOD WORKING ol 0 0 0 0 0 METAL FAB. ol 0 0 3 0 0 MIC. MANUFACTURE 41 0 0 21 ol 0 LUMBER YARDS 1 0 0 1 0 0 FILLING STATIONS 2i 0 0 2 0 0 REPAIR GARAGES 11 0 0 7 0 0 AIRCRAFT HANGERS ol 0 0 3 0 0 HEAVY INDUSTRIAL CHEMICAL WORKS ol 0 0 2 ol 0 PETROLIUM PLANTS 0 0 0 1 0 0 WARF PROPERTIES 1 0 0 0 0 0 FISH PROCESSING 6 0 0 3 0 0 REFINERIES 0 0 0 0 0 0 MISC. STRUCTURES 2 0 ol 0 0 0 TOTAL IN BULDG. 1 881 9 856001 180 341 83950 -14- CONSOLIDATED ANNUAL REPORT FOR 1992 le, ALARMS BY DAY OF MEEK MONTH DAY OF WEEK SUN MON TUES WED THURS FRI SAT TOTAL JANUARY 2 10 3 8 12 2 3 40 FEBRUARY 5 7 4 7 5 5 12 45 MARCH 10 11 15 3 6 4 3 52 APRIL 7 8 4 5 6 6 6 42 MAY 12 12 5 8 6 10 11 64 JUNE 3 9 11 8 6 10 8 55 JULY 7 6 4 7 10 16 12 62 AUGUST 11 13 4 7 14 9 14 72 SEPTEMBER 12 11 11 12 6 11 8 71 OCTOBER 7 11 6 5 7 12 8 56 NOVEMBER 10 8 4 6 5 6 6 45 DECEMBER 6 6 9 14 11 7 8 61 TOTAL 92 112 80 90 94 98 99 665 JAN-MAR 17 28 22 18 23 11 18 137 APR-JUNE 22 29 20 21 18 26 25 161 JULY-SEPT 30 30 19 26 30 36 34 205 OCT-DEC 23 25 19 25 23 25 22 162 -15- J Q F- O O d' to d' N Ln N d' [M Ln Ln N %0 N h ri h l0 Ln Ln qT rl Ln L0 O F- M N N O r-I ri r I H N IT r I m N N O N N p r-i N N r-I Ln LO O N N M t0 N N -4M Ln N M N v N M r I M .-i N r-I M N M O tN N cn d' N N V M N Ln h h Ln ' r0-i Ln r--L 00 r1 H O H M h M d' v N M h N to h r1 H N N N d' d rl O h v v %0 h m La r-� N m V M al' 01 N d' %0 O Ln IT LO ri N O N O e--I [1' r-I h r-i M N 01 M <Y' N ri d' N N l0 M r-I N ri N Ll'1 r-I M h M Ln O N M N N O O M N r-L Ly N O N H [I' Ln M r-I N N ry N M N M Ln M N N M O r-L N M N ri M r I V' M N N N O Ln N O N N N M N ri ri r I M r-! N O O N O O O ri r 1 ri r♦ r I O O O N O O N O O M l0 O r-I H to O H p r-I r-I O O N O N M N r-1 (M r-I Ln O N r-I M O r-I O `d' r-I H N r I N co -:r CD O O O r-i r♦ O -4 H r-I M r-I r1 r0-I Cl) O O O r-1 H M O O O M M O N O O O h O O O O N r-I N r i O M O O v f h N (n IN N M M O O h C) CD N O M -4 N N N in N r-I M N L r W C C r C cn C W W O Q 17 w L.L. u d Q = r 7 _ r 7 = Q W In O F-- C3 O w > O Z W C-U W O Q F- O F- -16- PAGE NUMBER BUREAU OF FIRE PREVENTION 17. Bureau of Fire Prevention - Summary 18 Fire Prevention Activity Report KENAI FIRE DEPARTMENT BUREAU OF FIRE PREVENTION ANNUAL, REPORT - 1992 Inspection Program: During 1992 there were 237 commercial business, 29 government buildings, 22 churches, 10 school/day-care facilities, and 45 apartment complexes on file for a total of 343 occupancies. Please note that the number of buildings may vary because of building or business closures. A total of 88 fire and life safety inspections were completed. There were 97 subsequent follow-up inspections conducted for compliance. There were 37 violation notices issued, with a total of 118 deficiencies corrected, of which 56 were carried over from 1991. There will be 26 pending deficiencies carried over into 1993 for compliance. Approximately 205.5 total man hours were spent on the inspection program. one extension of time was granted. A total of 228 burning permits were issued. No official complaints were received that required action by this office. The chimney Brush Program was used four times during the year. Public Fare Education: Public fire education was very successful during 1992, with the assistance of volunteers Pam Burnett, Susan Lovett, and the entire Kenai Fire Department. 1992 saw the culmination of efforts by this department in completion of the construction of the Kenai Fire Safety House. It was a project that brought all members of this department into a cohesive group of individuals dedicated to educating our community in Fire Safety. A lot of volunteer and off duty time went into the construction as well as time and housing made available by Chief Burnett. A fund-raiser was held by the Kenai Fire Fighters Association during the Fourth of July in order to help complete the Kenai Fire Safety House. This too was a success and fun was had by all. Fire Prevention during October and November consisted of fire prevention classes given to the kindergarten through sixth grade, including private schools. Our Fire prevention team spoke to a total audience of 2,542 people with 72 Fire Prevention classes and 48 station tours conducted. In addition, the Bureau held live fire drills in Sears Elementary and Mountain View Elementary schools and a Fire Prevention display was held at the Kenai Mall. This again was very successful in educating children about fire safety. on November 7, an open house was held celebrating the Kenai Fire station's twentieth anniversary and officially dedicated the Kenai Fire Safety House. The city's Mayor, council, and Administration were in attendance as well as Alaska State Fire Marshal Jack McGary. Total of 818.5 man hours dedicated to Public Fire Safety Education this year. Investigations: The Bureau investigated 70 fires for the year, 55 were found to be accidental and 15 which were considered suspicious. Total man hours spent on investigations were 144.5. Formal Training• Firefighter Scott Walden attended a 45 hour Fire and Arson Seminar in Anchorage. —17— KENAI FIRE DEPARTMENT BUREAU OF FIRE PREVENTION ACTIVITY REPORT - FIVE YEAR COMPARISON 1992 1991 1990 1989 1988 ACTIVITY INSPECTIONS 88 180 170 2 3 5 19 6 RE —INSPECTIONS 97 163 115 162 118 VIOLATIONS' NOTED 83 311 184 181 145 VIOLATION: ICES `ISSUED 37 174 184 181 145 VIOLATTn18 COR1tECTED 118 255 143 189 156 . ExTENSZOXS OFT .G1i� 1 7 5 12 2 FIRE'DRILLS`SUPERVISED ' 2 3 2 2 4 FIRE'PREVENTION CLASSES 72 50 74 73 69 STATION" . TO1S 48 50 0 0 0 TOTAL 'AUDIENCE 2,542 2,162 1,919 2,291 2,619 INSPECTIONS.:TOTAL.:MAN'HRS 206.5 303.5 380 481 544 :PUBLIC ED ` TOI]IL ` lt]IN . ,HRS 818.5 284.5 440 401 359 BURNING'PIMMITS.ISSUED 228 271 184 186 172 CHIMNEY-TOOLS>Z$SUED 4 6 6 7 9 COURT ACTIONS INSTITUTED 0 0 0 3 4 ARRESTS MADE 1 0 0 2 4 CONVICTIONIS 1 1 0 1 4 COMPLAINTS RECEIVED 0 6 6 3 12 FIRE wATCSES ORDERED 0 1 0 0 0 INVSSTIGA ONO ' f ACCIDENTAL FIRE INVEST. 55 55 48 31 34 # SUSPICIOUS FIRE INVEST. 15 7 6 10 6 TOTAL MAN ORS ON INVEST. 144.5 105 118 85 63 t--"R -18- PAGE N0NB8R DBPARTMBNT TRAINING INFORMATION 19 Training Summary 21 Number of Calls & Percent to Training Hours & Percent 22 Fire 1992 Training Hours 23 E14S 1992 Training Hours 24 First Aid and CPR Classes KERM FIRE DEPARTMENT 1992 TRAINING SUMMARY Department personnel spent 4,742.55 hours on fire training, 3,526 hours to EMS training, and 306 hours to aircraft rescue fire fighting training for a total of 8,574.55 hours of training during 1992. This is a slight decrease from 8,689.6 hours of training during 1991. Department personnel spent approximately 142.5 hours on disaster management training during the Shaker III exercise conducted by the State Division of Emergency Services during March of 1992. The Shaker III exercise was conducted over a three day period with the City of Kenai participating for the first day. City personnel involved included Fire, Police, Dispatch, Airport, Public Works and the City administration. This exercise resulted in the formation of a comprehensive disaster plan for the City of Kenai. The Training Office is responsible for and in the process of preparing for the testing of personnel for upcoming promotional opportunities anticipated during 1993 due to the pending retirement of the Battalion Chief/Training Officer, Richard McGrady. Multi -company drills were conducted on a monthly basis and all personnel were required to participate. These drills are designed to provide consistent training and offer opportunities for the introduction of new techniques and equipment. One drill was conducted jointly with the Nikiski Fire Department and Central Emergency Services. Once during each quarter a drill was held on Aircraft Rescue Fire Fighting or Fire Ground Operations. Continuing Medical Education drills were conducted on a monthly basis. The new Fire Training Center was put into operation during the fall of 1992 and department personnel received training on the operations of the live fire props and computer system. The Center was used for one of the multi -company drills and gave personnel the opportunity to practice extinguishing large fires with hand lines and dry chemical extinguishment using Engine #5. In addition to the classroom and field training that is conducted on a daily basis on assigned subjects, formal training provided at the department that was attended by all shift personnel included an eight -hour Bloodborne Pathogen and Infection Control class, Professional Rescuer CPR recertification, and Air Medical Safety Procedures training provided by Lifeguard Alaska. All personnel also received eight hours of certified training on the new TA-1500 Airport Rescue Fire Fighting apparatus and four personnel successfully completed a State certified 62.5 hour Company Officer course. Training provided locally included a 5-hour class, Haz-Mat for Chlorine Releases at UNOCAL which was attended by one person, seven personnel also attended a 24-hour Awareness in Hazardous -19- Materials for First Responders course held at the Nikiski Fire Department. Niskiski also hosted a 48-hour Paramedic Refresher which was attened by two personnel. It should be noted that the majority of the foregoing training was required in order to keep the Department in compliance with federal and/or state mandates or to maintain required certifications. To supplement our training and keep up with the latest developments in training and equipment, personnel also attend formal training conducted outside of the department. ''he following table identifies the participating personnel, course titles, date, hours of training obtained and the location of training attended during 1992. FORMAL TRAINING - 1992 nMs/ttAmc COURM TrTLZ was aooRs ►rzo. Lovett/Captain Anderson/En inaeer Strategy i Tactics of Initial Company Response 2/3-6 32 each Anchorage P.T.C. Burnett/Chief Elliot/Admin. Asst. Basics of writing Policies i Procedures 2/7 6 1 each Anchorage Tilly/Firefighter Red Cross First Aid Instructor 2/22-27 40 Anchorage Burnett/Chief Shaker Iii Workshop 3/2-3 16 Anchorage Anderson/Engineer Methods of Instruction 3/2-5 40 Anch. F.T.C. Anderson/Engineer Managing Company Tactical operations 3/26-29 16 Anch. F.T.C. McGrady/Batt. Chief Furlong/captain Training For Better Results 3/8-9 16 each Anchorage F.T.C. Morgan/Asst. Chief The Supervisor's Workshop 4/30 8 Anchorage Elliot/Admin. Asst. Prof. Filing i info. Mn9at Skills 5/15 a Anchorage Furlong/Captain Anderson/Engineer Hazardous Materials Technician (University of PA - Hai -Mat Center) 5/9-13 40 each Pennsylvania Walden/Firefighter Arson Investigation Seminar 6/3-7 45 Anch. F.T.C. Backstrom/En ineer Fighting Fires in S rinklered Buildings 6/2 4 Anchorage Lovett/Captain Emergency Medical Services Symposium 6/15-16 15 Anchorage Burnett/Chief Western Fire Chiefs Conference 7/30-8/2 24 Boise, ID Burnett/Chief Morgan/Asst. Chief Lotus 123 Workshop by Careertrack 8/13 8 each Anchorage Backstrom/En inser -Preparing—P.eparing for incident Command 12/6-10 40 Anch. F.T.C. -20- 17' RENAI FIRE DEPARTMENT NUMBER OF CALLS & PERCENT TO TRAINING HOURS & PERCENT TEN YEAR COMPARISON YEAR TYPE # CALLS PERCENT TRAINING HOURS P�iSa 1992 FIRE 165 24.81 4,742.55 55.31 1992 RESCUE 495 74.44 3,526 41.12 1992 AIRPORT 5 .75 306* 3.57 1991 FIRE 188 27.98 5,107.5 58.78 1991 RESCUE 480 71.43 3,245.1 37.34 1991 AIRPORT 4 .59 337* 3.88 1990 FIRE 169 27.93 4,171.5 69.30 1990 RESCUE 425 70.25 11597.9 26.54 1990 AIRPORT 11 1.82 250.5 4.16 1989 FIRE 167 27.15 4,933.5 66.81 1989 RESCUE 433 70.41 2,164.5 29.31 1989 AIRPORT 15 2.44 286.5 3.88 1988 FIRE 160 30.08 4,513.0 72.80 1988 RESCUE 364 68.42 1,425.0 22.99 1988 AIRPORT 8 1.50 261.0 4.21 1987 FIRE 102 21.43 4,814.0 77.50 1987 RESCUE 366 76.89 11073.0 17.27 1987 AIRPORT 8 1.68 325.0 5.23 1986 FIRE 100 22.62 4,670.0 81.59 1986 RESCUE 331 74.89 993.0 17.35 1986 AIRPORT 11 2.49 61.0 1.07 1985 FIRE 102 25.37 3,641.0 72.62 1985 RESCUE 326 73.76 1,136.0 22.66 1985 AIRPORT 14 3.17 237.0 4.73 1984 FIRE 91 24.20 4,473.0 75.70 1984 RESCUE 280 74.47 1,395.0 23.61 1984 AIRPORT 5 1.33 41.0 .69 1983 FIRE 82 21.58 4,652.0 76.70 1983 RESCUE 290 76.32 1,265.0 20.86 1983 AIRPORT 8 2.11 148.0 2.44 *Training related to aircraft rescue fire fighting only. -21- tt1 M N N M to O N n r �f r t1f eF to r to r 6f COM � to p LO M M O to N to r OD O r N r r N r N O N to to M M r d �O M 0 to M 00 N N O O ap N r N M r N N M N S M � a a W G J M CO M to O 1N N CO O talc M CM to CO tpop Vto 00 NO N M LaN N N O N 0) Cq .LO :� H � r po M� T O T T to d to N to (� N (o to (O T O r to N 10, w O T T M O T r N r r• n M d (O t` to (O T N r T Q to�j O C) I�N C7 r 0) N t0O'�toO LO d co O T a: co t- N N (O CO COO T uj E MT Oto 0 0 O 0 Lq CO OTdNdt N o to 04 d NNQ M wt ul O LQto r ON U ( Cj O to N In It r M OD O (O O to � tt) O N M N M N to r N M t• 00 CO r cO d M r It N r- n CO to O d T to t0 to O N r O J Q et N tit! 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(71 N N (71 O i i OD V" t71 (71 �71 � o <71 (71 A N .COD N o m N r. -23- KENAI FIRE DEPART14ENT FIRST AID AND CPR CLASSES 1992 ANNUAL REPORT During 1992 there were a total of 20 First Aid and CPR classes conducted for City of Kenai employees and the public. Total attendance was 134 students spending a total of 768 hours in the classroom. The instructors spent a total of 232 hours in preparation and instructing these classes. Below is a breakdown of time spent on the two different classes that were conducted. CPR CLASSES: During 1992 a total of 11 CPR classes were conducted with a total attendance of 76 students. The instructors spent 88 hours in preparation and instructing and the students spent a total of 304 hours in the classroom. FIRST AID CLASSES: During 1992 a total of 9 First Aid classes were conducted with a total attendance of 58 students. The instructors spent 144 hours in preparation and instructing and the students spent a total of 464 hours in the classroom. 7 -24- PAGE NUMBER APPARATUS MAINTENANCE 25 Apparatus Maintenance & Repair Report r. SQUAD #1 KENAI FIRE DEPARTMENT YEAR END MAINTENANCE & REPAIR REPORT JANUARY 1 TO DECEMBER 31, 1992 1980 CHEVROLET ONE TON TRUCK BEGINNING MILEAGE: 20,377.0 ENDING MILEAGE: 21,227.8 MILES TRAVELED: 850.8 INCREASE OF: 36.8 * REPAIRS REQUIRED PERFORMED BY CITY SHOP UNIT #5 1979 CHEVROLET STATION WAGON BEGINNING MILEAGE: 54,554.8 ENDING MILEAGE: 59,290.2 MILES TRAVELED: 4,735.4 INCREASE OF: 342.4 * NO SIGNIFICANT REPAIRS PERFORMED BY DUTY PERSONNEL UNIT #9 1984 CHEVROLET BLAZER BEGINNING MILEAGE: 30,662.7 ENDING MILEAGE: 38,733.5 MILES TRAVELED: 8,070.8 INCREASE OF: 1,750.3 * REPLACED BOTH SIDE MIRRORS * REPLACED RADIOS RESCUE #7 1988 FORD, MODULAR AMBULANCE BEGINNING MILEAGE: 27,657.6 ENDING MILEAGE: 33,911.1 MILES TRAVELED: 6,253.5 DECREASE OF: 2,619.4 * REPLACED DRIVING LIGHT X 2 * CELLAR PHONE REPAIRED BY SOUTH CENTRAL COMMUNICTIONS * REPLACED BACK-UP LIGHT * REPLACED SPOT LIGHT BULB -25- RESCUE #8 1984 CHEVROLET, MODULAR AMBULANCE BEGINNING MILEAGE: 36,181.5 ENDING MILEAGE: 41,238.7 MILES TRAVELED: 5,057.2 INCREASE OF: 3,562.0 * REPAIRED VINYL FLOORING * REPLACED CLEARANCE LIGHT BULB * REPAIRED WIRING SPOT LIGHT * REPAIRED AND REPLACED REAR STEP LIGHT * REPLACED SHORE POWER RECEPTICLE * REPAIRED LEFT REAR TAIL LIGHT LENS TANKER #1 1968 KENWORTH WATER TANKER BEGINNING MILEAGE: 1,892.0 ENDING MILEAGE: 2,064.5 MILES TRAVELED: 172.5 INCREASE OF: 9.5 * REPAIRED LEFT WING WINDOW ENGINE #1 1983 SPARTAN EMERGENCY ONE, PUMPER -TANKER BEGINNING MILEAGE: 10,642.6 ENDING MILEAGE: 11,465.7 MILES TRAVELED: 823.1 INCREASE OF: 14.3 * PASSED SERVICE TEST * REPAIRED DISCHARGE VALVE # 2 * REPAIRED DISCHARGE VALVE # 4 ENGINE #2 1970 MACK, TRIPLE COMBINATION PUMPER BEGINNING MILEAGE: 2,347.5 ENDING MILEAGE: 2,448.2 MILES TRAVELED: 100.7 DECREASE OF: 10.4 * PASSED SERVICE TEST * REPLACED DOME LIGHT IN CAB * REPAIRED PUMP DRAIN CABLE -26- ENGINE #3 1971 SEAGRAVES, TRIPLE COMBINATION PUMPER BEGINNING MILEAGE: 19,417.3 ENDING MILEAGE: 21,395.0 MILES TRAVELED: 1,977.7 INCREASE OF: 1,777.7 * HAVING PROBLEMS GETTING OUT OF PUMP GEAR * REPAIRED DRAIN HOSE * REPAIRED WIRING TO LEFT REAR SPOT LIGHT * BROKEN STEERING ARM REPLACED BY SHOP ENGINE 4 1982 OSHKOSH, AIRCRAFT CRASH TRUCK BEGINNING MILEAGE: 1,084.1 ENDING MILEAGE: 1,151.5 MILES TRAVELED: 63.4 DECREASE OF: 189.9 * REPAIRED GENERATOR * REPAIRED REAR STROB LIGHTS * HAD PROBLEM WITH STARTING, SHOP REPLACED BOTH BATTERIES ENGINE 15 1992 OSHKOSH, AIRPORT CRASH TRUCK BEGINNING MILEAGE: 00000000 ENDING MILEAGE: 228.80 MILES TRAVELED: 228.80 INCREASE OF: 228.80 * REPAIRED FRONT BUMPER TURRET * HAVING PROBLEMS WITH GENERATOR BLOWING STARTER FUSE TOTAL MILEAGE TRAVELED FOR ALL KFD VEHICLES FOR 1992 1992 MILES TRAVELED: 28,333.9 1991 MILES TRAVELED: 23,470.8 INCREASED MILEAGE OF: 4,863.1 SELF-CONTAINED BREATHING APPARATUS The current inventory consists of fourty-seven Scott 4.5 bottles and six Scott 2.2 bottles. Twenty-one bottles were hydro -tested during the year and twenty- four are scheduled to be tested in 1993. Eighteen bottles had preformed packing and back-up rings replaced. Two required complete gauge assembly replacement and one is currently in need of valve replacement. With the exception of hydro -testing, all maintenance was done in-house. -27- PAGE NQEBER 28 1992 Hydrant & Hose Report 7 -- '17, 1992 HYDRANT & HOSE REPORT HYDRANT SYSTEM The hydrant system is generally in operable condition. Recommendations for looping dead-end mains was made to Public Works in 1992. Several new hydrants have been added to the system, specifically at the new K-Mart store currently under construction. As of this time, it is unknown if they have been accepted for use by the City. Snow removal around the hydrants is conducted as required throughout the winter to insure continued access. All hydrants in the city were flow tested during the summer and the results are recorded in the hydrant records. This information includes flow pressure, static pressure, residual pressure and flow volume at normal operating pressure. Average flow volumes are approximately 800 GPM. This information is necessary for insurance rating purposes as well as for fire ground operations. There are 342 hydrants in operation in 1993. The following table details the major problems in each of the hydrant districts. There are a total of 349 hydrants. Seven are currently out of service. There are 145 hydrants with problems. This reflects an increase of 31% from 1992. Several of these hydrants have more than one problem. HYDRANT DISTRICT PROBLEMS PROBLEMS DISTRICT 1 DISTRICT 2 DISTRICT 3 Out of Service 3 2 2 Does Not Drain 12 21 18 Faces Wrong Direction 0 1 2 Needs Painting 6 3 62 Obstructed 1 0 2 Too Low To Ground 4 0 6 TOTALS 26 27 92 -28- HOSE The department purchased 1,000 feet of 5" supply hose, with appliances, during 1992. Engine #5 came equipped with 150, of 1 3/4" hose which was also added to the inventory. All hose in the inventory was tested during the summer months, with repairs made to those sections requiring it. All hose currently in the inventory passed the service tests. A total of 1,900 feet of 2.5" hose that was over 20 years of age was surplused and removed from the inventory. The surplused hose was donated to other agencies for various purposes. No hose was removed from the inventory due to fire ground operations. The department has the following amounts of hose in use and in storage. SIZE NUMBER OF SECTIONS FEET EQUIVALENT 1 1/2" 62 3,100 1 3/4" 51 2,550 2 1/2" 94 4,700 3" 104 5,200 4 1/2" SUPPLY 175 5" SUPPLY 10 1,000 TOTAL 16,725 -29- 1791-1991 CITY OF KENAI , ,del CapiW 4 4�""„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 203 - 7535 FAX 907-283-3014 March 23, 1993 Governor Walter J. Hickel State of Alaska P.O. Box 110001 (Mail Stop 0101) Juneau, AK 99811-0001 RE: KENAI PENINSULA BOROUGH RESOLUTION NO. 93-24 The Kenai City Council has requested this letter be written in support of the Kenai Peninsula Borough Resolution No. 93-24. That resolution supports the Tesoro Alaska and Mapco request to credit the value of future capital investments (in -state) against their royalty settlement of the Amerada Hess case (Senate Bill 134 and House Bill 185). Governor, you and I have been associated with the Tesoro program since its inception. You in the form of having responsibility for creating the oil royalty allotment to Tesoro and me as a supervision in the construction of the facilities. We have both long since recognized that investment of capital by in -state companies allows for the creation of new jobs and Tesoro has indeed invested a lot of capital in the state and has created a lot of new jobs. That, of course, is not the only reason that we are supporting this program. The most convincing argument that I have heard from Tesoro is their feeling that they were dealt with somewhat unfairly by ARCO in that the price of the crude oil was originally set artificially low. Having been subjected to crude oil sold to them at an artificially low price, they in turn, manufactured and sold products to the general public at an artificially low price. Their contention, which does make sense, is that all of the people of the state of Alaska who bought products from them over the last twelve or fifteen years, have benefitted from that lower price. So, therefore, the people of the state of Alaska did in fact, share in the resources of the state of Alaska, if by no other means but from this indirect lower pricing of product. Governor Walter J. Hickel March 23, 1993""'" Page 2 While that seems to be the long way around, it does make sense. It is also my contention, and I strongly believe, that given the opportunity, Tesoro would expand their facilities here. We fully expect to see Tesoro do that as a result of further oil discoveries in the Inlet. If there are capital expenditures and their plant is increased in size, there will be additional jobs created and that money will spin off into our local economy here in the Kenai area. Tesoro Alaska and Mapco's in -state manufacturing of fuel represents one of the most successful and efficient utilizations of Alaska's natural resources. That productivity provides long- term employment, tax revenue, which affects business stimulation, and filters into and is an important part of our community's tax base. You and I have both long sought value-added production of our resources here in the state. If we would have all worked harder to force the issue in the early days, we might very well have seen many large manufacturing and refining processes located right here rather than seeing all the raw product leave the state. Having watched the development of the oil industry in many foreign nations over the years,'I often reflect on the fact that single element in Alaska's plan has been missing for some time. I appreciate your taking the time to review this letter and I would appreciate a reply from your office regarding your position. I do hope that some compromise can be worked out that will allow for the crediting of the Amerada Hess settlement monies in a manner prescribed by the Senate Bill 134 and House Bill 185. Thank you very much for your time and consideration. Sincerely, CITY OF KfiAT�- A \ . Williams yor JJW/clf O O O o o O o r♦ O O O o O o O M 0 01 Ol :3 J-) W V' N V' CO O 10 ri U Ix N Q\ N O V' ap n a' � lL1 N M e•I � 01 O O O O O O O M 0) 01 01 O V 00 V' N V' CO O tO r•1 O J% N 01 N O W V' I` Ln N M H aWko de n• N 01 IOn ro z° z° z° z° >4 >4 z° U O O O O p h 0 M N V MM 01 0) [ra 01 a O N m M .•d N O -f to H O O O O O O O Iv O O O O o O o tl) CO V N V' m O 10 M •rl V' Ill H M H CO O1 O1 to H 1- CO t M N 01 p H N �+ a a 0 o O O w 0 O O o O o r O o b 4-1 o 0 0 0 H 10 Ici H ICJ CO N 1` N 1ll H 00 O % '-I fM V' 10 t0 N H I,. M V' N V H H 01 Ill Ill O In Ill M CO it 4� H I` I` O 1- N N 00 0) 44 01 a • O N N 4 r•I M O ri t7, W I O O O O O O O 00 {I o o lO o IOn 11LO n CD M N ar 1, H N 01 N r In 1` •-1 '•1 N V' 00 10 M V 00 r♦ N 00 (n %0 10 O M O1 (n t0 W V' M O (71 4J Ill V H M 01 N W N W H V' 00 N N N 00 a 21 M >1 N N UI co 1) 40) VR N id E H V' ?X Ai ri >r Ile ri m •r1 N O r-4 O U O 4)) N a 0 O " O r-4 14 W to ji m r•1 z W 07 H +) 1, M In r1 H y 04 U U % N O O O OO m E a a a rl a rn R pE,� to O a •.1 O C0 {l x H LT 0) U IV w $4 0) m N r1 0) IO v N 0) to 4 a 0) z Cl) 0) 0) 0 O 0) +) W O1 a a to U O ro 0) O rn h ro a I~ h ,c r+ M �r'� rn ro sue) - 9) 0I 'OA p1', N 14 > O tT W W >r x ro >r ri 0 ro E IA ° Wz a0 a a n z a a zz a March 16, 1993 ��,-� CITY OF KENAI CHRIS'S CUSTOM UPHOLSTERY KENAI PUBLIC LIBRARY P.O. BOX 2808 fx if KENAI, ALASKA 99611 KENAI, ALASKA 99611 / Dear Public Official, This letter concerns the manner in which library officials have handled the reupholstery of 54 library chairs at the Kenai Public Library. We would like you as a Public Official to review the situation. The second week of February 1993 a woman representing the Kenai Library called our Upholstery shop. She asked how much to recover approximatly 10 to 12 chairs at the Kenai Library. She also had a concern about refinishing the wood on the chairs. We told her we would have to see the chairs to give her a exact price for the recovering. After picking up one of the worst chairs, we concluded that the wood work could be done at our shop and gave her a price to recover the chairs at $60.00 per chair. This would include all repairs necessary and the price of new fabric. We received another phone call from a different woman representing the Kenai Library who said that they would like to see fabric samples that would go with the decor of the Library. We took samples to the library for the women there to look at. The next week we received another phone call and were asked how much to recover a few with the 5 yds of fabric the Library already had. Before we could call back they changed their minds again and decided that all the chairs would receive new fabric, because the fabric they had would not go with the new decor. The women had picked out several dif- ferent samples and had decided to do 54 chairs but they needed a quote to take to City Council to get approval on the project. We wrote them a quote and hand delivered it. On the quote it stated "requested $1000.00 to order fabric and supplies". We told them personally that if they could not receive the requested amount that it would be no problem with us to go ahead and order the supplies necessary to complete the job. It just would be a nice gester since this would tie our money up for about a month. They stated that they understood & thanked for being so patient with them. Another lady called the same day and was con- cerned with if the quote included fixing the chairs so that wooden edge would not cut into peoples legs or if our quote just included the recovering and the wood work. We assurred her that the chairs would be completely rebuilt for this price including new webbing and foam. The chairs would be better than new. When we went to pick up the fabric samples with the four different types of fabric they picked out, they assured us that we were the only ones that they were ask- ing prices from. We stated to them that if they received another price from someone else that we would give them a better price. They stated that we had the job. They didn't want to talk to anyone else. It was their decision to make as heads of their department. Thanks again for your patience. The first week in March we were called by the Library Representative that they also had 4 small stools that they would like to have done at the same time the Library Chairs were going to be done. She asked the price to recover them and a quote of $10.00 per stool was given. We asked what fabric from the ones they had choosen did they want them covered in. She didn't know because the two ladies that chose the fabric were in Fairbanks and we would have to stop by and ask them. They would be in town next week...... Next week we stopped in with the samples so that the Ladies could chose which of the four samples they wanted on the 4 small stools. WE WERE INFORMED "THAT THE FINACIAL OFFICER DID NOT LIKE US ASKING FOR $1000.00 TO ORDER THE MATERIALS AND THEY HAD SOMEONE ELSE TO DO THE JOB!" It was pretty much a cold shoulder act and quite a shock to us since the past three weeks we were told several times that we had the job and they were not running us around. (1) At this point we felt we have gotten the run around. We let the shock and the anger wear off before calling the city of Kenai. This is what was stated to us. "the Officials of each department have the decisions up to $10,000.00 for any upgrades in there department without open bidding approval. Ok... it was time to call the Library to find out what happened. We received no phone calls concerning the request of monies. They knew it was no problem. We would work with them on anything. What could it be? We called the Library. The Lady that we talked to stated that she didn't like the way certain people on the Library Board handled things. It seemed that the Financial Officer didn't like the request for funds and somehow things got turned around on the original decision to have us do the job. Our concern was what we had done wrong. "You did nothing wrong" Did you decide not to do the Job? " No we decided to let someone else do the job." Who was the someone else? "ALL ALASKAN UPHOLSTERY." What was the price? "We told them your quote and asked them if they could get these fabrics and they said they could. And it really is to late to change things........" THIS REALLY ENRAGED US....... We do all the running around setting up times to meet with Library officials. They state that we have the job. We have called orders for the foam and new rubber webbing and other supplies needed to get the job done before "the busy season" and then they change their minds. It is not to late... the other "SO CALLED SHOP" has not started on this project. If anything we have. NOT TO MENTION THAT THEY HAVE TAKEN AWAY BUSINESS FROM A BUSINESS THAT COLLECTS TAXES FOR THE CITY OF KENAI. TAXES THAT PAY FOR THE LIBRARY AND THEIR JOBS. So much for an ALL AMERICAN CITY. Gee lets take a quote from one of our own and take it to the next city. The Tax payers will love this!!!!!!! We have done numerous jobs for the city of Kenai and the other officials in their departments have not once backed down on a verbal agreement. For the review boards consideration to review this....... 1. We did all the work necessary that was asked of us. The simple thing that we asked was no problem for us. The ladies knew this. They could not even give us the Proper courtesy of a phone call. That hurts. 2. We feel the job was given to us on a verbal agreement. This agreement has been breeched. Again without the courtesy of a phone call. 3. The City takes away jobs from its own tax collectors. Tax payers do not like this. And neither does review boards for ALL ALASKAN CITIES. 4. If the review board feels that we do not have a proper complaint, give us the reasons. WITH THE PHONE OR BY MAIL. Sounds pretty simple. Like using a card catatlog. 5. We feel that the job that we would do would be 5 times what you would receive for the money. As tax payers we would like the the job to be done right. We have already spent numerous hours for customers that come to us to re -do work the other shops around the area have done. 6. Several years ago we have done work for a sub -contractor for the State of Alaska in the same way. The Govenor did not complain. Inconclusion .................... We have never gotten the run around like the library has given us. To take a quote from our business and take it to another is down right unprofessional. Inconsiderate. Its just plain bad politics. Not to mention using up our time that could have been spent on other projects. (2) There is an old saying .... "If you try to bite the hand that feeds you, sometimes the hand moves....... K-Mart and Carrs can only do so much. The Oil Business will soon die out. Ask cities that have Sears stores....... Fred Meyer has got second thoughts. Already small businesses have moved out of Kenai. Without small business NO CITY has security. Please consider our compliant. We feel that we have done nothing wrong to justify this turn of events. THANK YOU, JIM & CHRIS CRAWFORD CHRIS'S CUSTOM UPHOLSTERY KENAI, ALASKA 283-9046 1 7 AAC Proj c � 1�. kS Ar S, 11,:1 i elopment As the March 24 filing deadline al, proaches, communities across the nation are making final project selections for their 1993 All -America City (AAC) applications. From HIV infection and substance abuse to community visioning and support services for at -risk youth, a preliminary survey of likely AAC applicants reveals substantial grass -roots attention to both acute and strategic issues. About the Award Program All -America City applicants must present three community projects for which substantive outcomes and broad - based participation of citizens and the public, private and nonprofit sectors is demonstrable. Communities of all sizes are eligible for the award, and the application may be initiated by public officials, individual citizens, business izations, and community groups, formal and informal. While cities, towns, villages, counties, neighborhoods, and multi jurisdictional regions may apply, the award remains "All -America City." Begun in 1949, the All -America City Award is the oldest and most respected community -recognition program of its kind. Youth Development, AIDS Response and Downtown Revitalization Bloomington, Indiana's 1993 application will feature a project to establish Head Start centers in public housing complexes intended to reach at - risk youth more directly. The community's "Friends in Need" program seeks to control the spread of HIV while providing needed supports to those infected with the AIDS virus. The project includes a new testing site and a "buddy program" for individuals living with HIV. The community is also addressing downtown revitalization, having 1) restored an old city hall building for use as an arts center, 2) converted a former automotive dealership into a conference center, and 3) honored local veterans ough the construction of a Vietnam norial. .,nproving Race Relations While Promoting Tourism Winston-Salem, North Carolina has enhanced tourism and helped reduce racial tensions in the community by successfully recruiting the Central Inter- oll -Ln is Associati�)n has,:er h)uthe oldest Atricart Amcric:w ha,,kclhall meet in the nation. Other projects slated for inclusion in the 1993 Winston-Salem application are a city-wide strategic planning effort and the formation of an anti -substance abuse coalition of community organizations. Low -Income Housing, Recreation and the Arts Avondale, California's application will highlight the community's Neigh- borhood Housing Service which, through its Building Trades Program, involves high school students in the construction of houses for low-income families. Avondale also plans to submit its Westside Recreation Program, which expanded the community's recreational services, and a description of the West Valley Fine Arts Council, a community - based organization specializing in high - access visual and performing arts presentations. Selection Process The 1993 application must be filed by 5:00 pm, Wednesday, March 24. From the applications received, 30 finalist communities will be selected by a screening committee meeting on April 2- 3 in Washington, D.C.; the 1993 AAC Finalists will be announced on Monday, At, , i T'he Ih-r'a�iericaCityJury #l�, ,, wgs acid C wit- Action Fair will take .,)lacc at the I Iy att [regency Westshore in 'ranipa, Florida, May 20-22. The 30 Finalists will present their community projects to the All -America City Jury on Friday May 2 t and Saturday, May 22. Jury deliberations will take place on Saturday afternoon and the ten 1993 All - America Cities will be announced at a dinner banquet that evening. To assist communities in preparing their applications, the National Civic League offers the All -America City Yearbook (1991 and 1992 editions — available for $10 each), and audio recordings of the All -America City Award Program briefing presented at the 98th National Conference on Governance last November in Los Angeles, California (available for $15 — to order, contact: Alberto Dominguez, IBS TV, 213-463- 4991). The 1993 All -America City Award Program is sponsored by The Allstate Foundation. For more information on the program and selection criteria, to request an application, or to order copies of the All -America City Yearbook, contact: Wendy Dickstein or Barb Tafoya, National Civic League, 1-800- 223-6004. NCL Partners with Carter Center for 99th NCG The executive committee of the National Civic League's board of directors, meeting recently in Washington, D.C., selected Atlanta, Georgia as the venue of the 99th National Conference on Gover- nance (NCG), to be held November 1I- 13, 1993. Empowering Urban Communities Building on its setting, the 99th National Conference on Governance will showcase the Atlanta Project, initiated by former President Jimmy Carter, as well as a variety of other exciting new strategies and experiments in revitalizing grass -roots activism and redeveloping neglected urban neighborhoods. Addressing the theme, "Building a Social Compact for America's Commu- nities," the conference will focus on techniques for empowering disenfran- chised communities, partnerships for improving educational and social services, and strategies for fostering economic and social justice in urban communities. With participants ranging from public officials and business people to grass -roots volunteers and leaders from the nonprofit sector, the 99th NCG will offer opportunities for dialogue and exchange among key participants in the community -revitalization process. Exciting, Hands -On Program Participants will visit Atlanta Project sites for a close-up view of the Carter Center's model of civic revitalization at work. The conference format will encourage interplay and discussion, featuring workshops on catalytic leader- ship, visioning and strategic planning, civic infrastructure, and economic development. For more information on the 99th National Conference on Governance, contact: Wendy Dickstein, National Civic League, (303) 571-4343. CM NA'fONIC LEAGUE OFFICERS Acting Chair: Aida Alvarez. The First Boston Corporation. San Fransisco. CA Treasurer: James G. Nussbaum. Denver. CO Secretary: "Joan Hammond. Greater Cincinnati Industrial Training Corporation, Cincinnati. OH President: John Parr, Denver. CO Vice President: Christopher T. Gates. Denver. CO DIRECTORS Don Benninghoven, League of California Cities, Sacramento. CA Angela Blackwell. The Urban Strategies Council, Oakland. CA Robert C. Robb. City Manager, Richmond, VA Walter D. Broadnax. Center for Governmental Research. Rochester. NY Dr. Thomas Cronin, Colorado College. Colorado Springs. CO R. Scott Foster. National Academy for Public Administration. Washington, DC Hon. Sandra Freedman, Mayor, City of Tampa. Tampa, FL James O. Gibson, The Urban Institute. Washington. DC Dr. John Stuart Hall, Arizona State University, Tempe, AZ Dr. Lenneal J. Henderson, Jr.. University of Baltimore. Baltimore. MD Dr. Curtis W. Johnson. Office of the Governor, State of Minnesota. St. Paul. MN James E. Kunde. Lorain County Community College. Elyria. OH Frances Moore Lappe, Institute for the Arts of Democracy. San Rafael. CA Liane Levetan, Chief Executive Officer. DeKalb County, GA Gail Levin. Community Relations Consultant, Longboat Key. FL Donald McIntyre, Central City Association, Los Angeles. CA Robert H. Muller. J.P. Morgan Securities, Inc.. New York. NY John B. Olsen. Pittsburgh. PA Neal R. Peirce. Syndicated Columnist, Washington Post Writers Group, Washington, DC Mark Pisano, Southern California Association of Governments. Los Angeles. CA Robert H. Rawson, Jr.. Jones. Day, Reavis & Pogue, Cleveland. OH Carrie Thornhill. Greater Washington Research Center, Washington. DC David Vidal, Continental Insurance. New York, NY Dr. Henry R. Winkler. University of Cincinnati, Cincinnati. OH Hon. William F. Winter, Watkins Ludlam & Stennis, Jackson. MS HONORARY LIFE DIRECTORS Terrell Blodgett, Austin, TX Henry G. Cisneros. Washington, DC James L. Hetland, Jr.. Minneapolis, MN Hon. Cecil Morgan, New Orleans. LA Carl H. Pforzheimer, Jr., Stuart, FL Robert H. Rawson, Sr., Shaker Heights, OH Hon. Terry Sanford, Durham. NC Hon. William W. Scranton, Scranton. PA Hon. Wilson W. Wyatt, Sr.. Louisville, KY PewPartnership for Civic ChangeAnnounced During the past few decades, citizens have become increasingly anxious over the decline of America's cities, prompt- ing calls for new policies and action at all levels of government. Most of this attention, however, has focused on larger metropolitan areas, while smaller cities — facing many of the same challenges — have received relatively little notice. To help fill this gap, the Pew Charitable Trusts has funded the Pew Partnership for Civic Change, which will work with cities with populations of 50,000 to 150,000 across the nation to devise and implement innovative strategies for solving specific urban problems. An integral part of the American experience, smaller cities constitute an important dimension of the economic, social and cultural life of the nation. While smaller cities are addressing many of the same issues as larger metro areas, they often exhibit a variety of positive characteristics not as apparent in big urban centers. These include a strong sense of community identity, an engaged corporate sector and an involved citi- zenry; taken together, these factors make small- to medium -size cities unique laboratories for urban problem solving. By working with participating communi- ties to solve immediate problems, the Pew Partnership for Civic Change will develop processes that may ultimately yield strategies for cities of all sizes. The Pew Partnership will support collaborative efforts among the public, private and nonprofit sectors that cross jurisdictional, racial, generational, and socio-economic lines. The Partnership will provide a means of networking among participating cities while enhanc- ing their national visibility. Three Principal Project Categories Over 100 cities are eligible to apply for participation in the Pew Partnership for Civic Change. To apply, a city must fall in the population range of 50.000 to 150,000 residents and be the only municipal jurisdiction of that size in its Metropolitan Statistical Area (MSA). Grants of up to $400,000 each will be awarded to as many as 15 cities to assist in the implementation of creative projects in the areas of youth development, worker training and environmental improvement. The Pew partnership invites eligible cities to submit proposals in one of these three areas or in a fourth "special projects" category designed to accommodate collaborative efforts of particular interest to an eligible city. Participating cities will be announced in December of 1993. Requests for proposal will be mailed automatically to 109 eligible cities shortly. For more information on the project, contact: Carole Hamner, Pew Partnership for Civic Change, 145-C Ednam Drive, Charlottesville, VA 22903; (804) 971-2073. NCL Updates Civic Index Monograph A new version of The Civic Index: A New Approach to Improving Community Life is available from the National Civic League. The first major update of the monograph since its initial publication in 1989, the 1993 edition includes an in- depth introduction, new checklist questions, and an expanded bibliography. The introductory section argues that leaders in America's most successful communities have recognized the blurring of the lines that have tradition- ally separated the public, private and nonprofit sectors and the need for cooperation among sectors and citizens to meet individual and community needs and aspirations. Presenting seven characteristics that define today's community governance landscape, the monograph introduces the concept of civic infrastructure, which describes the complex interaction of people and groups through which decisions are made and problems resolved. The monograph then describes the ten -component Civic Index which permits communities to assess the status of the social and political processes that are vital to successful community governance. Each of the Civic Index components are explained in detail, followed by preliminary questions individuals and groups may ask to determine the relative strength of the ten components in their communities. An annotated list of bibliographic references and suggestions for further reading follows the section on the ten components. The 24-page pamphlet concludes with profiles of the National Civic League's various programs. Single copies of The Civic Index: A New Approach to Improving Community Life are available free of charge from the NCL. To obtain a copy or discuss how the Civic Index might be applied in your community, contact: Susan Downs, National Civic League, (303) 571-4343. U1913 REIFORM IRMPGRU A PUBLICATION OF THE NATIONAL CIVIC LEAGUE OCCASIONALLY FEATURED IN CIVIC ACTION EDITOR: L.AURIE HIRSCHFELD ZELLER RESEARCHER: TED ROSE Perot -inspired reform group launches membership drive On November 3, 1992, nineteen million Americans voted to elect Ross Perot President, sending a message of frustration and dissatisfac- tion to the Washington political establishment. Now Perot and his supporters are trying to convert the wide- spread enthusiasm for his presidential candidacy into a nonprofit, grass -roots political organization called United We Stand America. Currently, the group's only objective is to complete its initial membership drive. In the first week since the group's founding in early January, 500,000 people luested $15 memberships. hen the membership drive is finished (sometime in March, 1993), organizers hope United We Stand America will become an activist organiza- tion influencing political affairs on the local, regional and national levels, stressing the need for fiscal responsibil- ity and political reform. While spokespersons claim United We Stand America will not nominate its own candidates for office, they do promise the organization will follow many political races closely, issuing occa- sional endorsements of candidates and "report cards" on all candidates. In Texas, the organization plans to become active in the state's senatorial race to fill the seat vacated by Treasury Secretary Lloyd Bentsen. United We Stand America will issue pport cards on the candidates ,nd possibly sponsor debates. State chapters of the organization also have expressed an eagerness to educate the public on the economic and political issues facing the nation, perhaps utilizing the now -familiar media of informational videos, public -access cable television, and electronic town meetings. In Arizona, Perot enthusiasts have already hosted lectures on the fiscal instability of the federal government, and organizers in Texas plan to establish a speakers bureau and statewide lecture series. The level of organization varies greatly by region. Some states, like Arizona and Texas, have already begun to concen- trate on activities other than membership development, while other states, like Massachusetts and Connecti- cut, are farther behind. In general, the western, mid - western and Great Plains states are home to the better estab- lished Perot organizations. Contact: National office, United We Stand America, (214) 450-8874; Marylou Stanley, Arizona State Direc- tor, (602) 266-1715; Bill Matter, Oregon State Director, (503) 655-2346; and Jim Serur, Texas State Director, (214) 450-8888. RR Commentary: While United We Stand America will almost certainly boast a sizeable membership roster once the initial drive is completed, the organization may suffer from growing pains. Specifically, some organizers see the group as the expression of a national movement, dedicated purely to national issues, which should be run from a central office. Others see it as a loose association of state chapters — committed to the "Perotist" values of fiscal responsibility and reform — which will autonomously address the issues and problems they choose to hiehlieht. Congress moves ahead on national "motor -voter" law More than half of the states plus the District of Columbia have already adopted programs allowing their motor vehicle departments to transfer completed voter -registration forms to the elections office. Now it appears the federal government will follow the states' lead and make a program of this type, popularly known as "motor -voter," the law of the land. Motor -voter programs allow citizens to register to vote when applying for or renewing a driver's license at a motor vehicle department. Motor -voter programs are currently in place in Alaska, Arizona, Colorado, Hawaii, Idaho, Iowa, Louisiana (only a pilot program), Maine, Michigan, Minnesota, Mississippi, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Rhode Island, Texas, Vermont, Washington, and West Virginia. Connecticut and Kansas have adopted motor -voter plans which will take effect in 1994. All of these states, except Maine and Mississippi, have adopted their motor -voter programs through legislative action. These voter -registration programs vary from state to state. Nineteen programs favor a staff -active approach (Ariz., Colo., Conn., D.C., Iowa, Maine, Mich., Minn., Mont., Nev., N.J., N.Y., N.C., Ohio, Oreg., R.I., Texas, Wash., and W.V.), whereby the license applicant is asked directly whether he or she wishes to register to vote. The remaining programs have adopted a passive policy, requiring the citizen to request voter -registration forms at the motor vehicle licensing office. The federal motor -voter legislation, which the House of Representatives passed on Febru- ary 4 by a margin of 259 to 160 votes, would require the states to offer staff -active voter registration programs through motor vehicle departments as well as other selected state offices. President Clinton has promised to sign the legislation, should it pass both houses of Congress. The Senate has not yet acted on the proposed legislation. Contact: Herb Stone, House Subcommittee on Elections, (202) 226-7616; Tom Zoeller, Senate Committee on Rules and Administration, (202) 224-6352; Burck Smith, Center for Policy Alternatives, (202) 387-6030. RR Commentary: Motor -voter programs have succeeded in expanding voter -registration rolls across the country. While opponents of the process argue that the program is costly and time-consuming for motor vehicle departments, the costs decrease the longer the program exists, as a larger proportion of licensees are enrolled. To place a story in a future issue of The Reform Report, contact: Laurie Hirschfeld Zeller, National Civic League (303) 5714343. Looking Ahead. Coming Up in Next Issue of the REVIEW: Family -Support Strategies Language barriers, inadequate training reversing welfare dependency, reducing ties to mix with other races and .social and education, and disincentives inherent urban violence and creating a more classes, and exposure to the privileges in the existing social services system adaptable, competitive work force. and responsibilities of citizenship. discourage the formation of stable • "Public -Private -Nonprofit Enthusiasm for the redeeming power of families and the development of effective Partnerships for Breaking Welfare hard work for the public good may child -rearing skills in low-income Dependency," by Laurie Harvey. Multi- seduce us into judging these programs on neighborhoods across the country. sector partnerships and inter -agency the basis of their spirit and intent, Among the consequences: lack of school cooperation are critical to skills training however, rather than their results. readiness among low-income, inner-city and job readiness for welfare recipients. In addition to the symposium articles children, inter -generational patterns of Such initiatives also hold the key to summarized above, the Winter issue of substance abuse and welfare dependency meaningful welfare reform. The private the REVIEW features an article by John within families; and juvenile delin- sector must not only support nonprofit O'Looney of the Carl Vinson Institute/ quency. Very different pressures also welfare initiatives but also offer employ- University of Georgia positing an threaten middle class families, such as ment opportunities to individuals with alternative approach to siting unwanted career aspirations and the need for two welfare backgrounds. or traditionally undesirable land uses. incomes to maintain life-style standards. • "A Communitarian Position Excluding unwanted facilities from Regardless of socio-economic class, Paper on the Family," by Jean Elshtain, neighborhoods that already have their children are increasingly under -super- Enola Aird, Amitai Etzioni, William "fair share," the method presented in this vised and under -nurtured. Untrained in Galston, Mary Glendon, Martha Minow, article involves the authorization by local values of community service and and Alice Rossi. The well-being of our governing boards of neighborhood -level responsibility, many youth are subject to nation's children is a prime responsibility institutions to define and administer a anti -social temptations, such as gang of parents. Too many parents, however, limited market for the purchase of rights, membership. The Winter 1993 issue of are failing to discharge this responsibility by property owners, to develop unwanted the NATIONAL Civic REVIEW presents because our society — principally facilities. profiles of community -based family- through public policies and middle class The features are followed by News support programs to enhance the social mortis — is not fostering a family- in REVIEW, Healthy Communities, Local and economic viability of low-income friendly climate. Meanwhile, economic Government Structure, WasteWatch, families, policy recommendations for pressures on parents and popular culture Proportional Representation, Publica- family support, and models for civic are making the raising of chi Oen an ever tions, and Announcements departments. engagement of youth. more challenging task, constituting a Members of the National Civic • "A Model for Strengthening the profound threat to our common life. League receive a free subscription to the Economic and Social Viability of the - "Youth Community Service: An NATIONAL Civic REVIEW. Single copies of Family," by Gloria G. Rodriguez. Overview," by Laurie Hirschfeld Zeller. the Winter 1993 issue are available Governments should support — not Modern youth community service for $8. To order, contact: Rende duplicate, replace or compete with — programs infuse the daily lives of their Castillo, National Civic League, 1-800- community-based family -support participants with goals and purpose. 223-6004. For more information on this programs. Investments in parenting, They may also provide useful job or upcoming issues of the NATIONAL, CIVIC literacy and job training are the key to training, scholarship money, opportuni- REVIEW, contact: David Lampe. Return to: Printed on Recycled Paper NONPROFIT ORG. NATIONAL CIVIC LEAGUE U.S. POSTAGE PAID 1445 Market Street, Suite 300 DENVER, CO PERMIT NO.1110 Denver, C0 80202-1728 RENEW YOUR MEMBERSHIP TODAY! CALL: 1-800-223-6004 Ms. Carol Freas City Clerk City of Kenai 210 Fidalgo Ave. Kenai AK 99611 ,i M1 BERM It's the law of supply and demand -- as more timber lands are taken out of production by government restrictions, supplies dwindle and prices rise. 1 7 The smell of fresh sawdust is fad- ing from the old mills in Oregon and Washington, but sharp contraction of the timber industry in the Pacific North- west is resulting in monumental in- creases in the price of lumber, sending a message to consumers that federal environmental laws will cost everyone. Increased government restrictions of harvestable land in the Pacific North- west is greatly shrinking the supply of wood reaching the market from Seattle and Portland. In many areas open to cutting, sustained yields have been reached. And public opinion has been calling for even greater preservation of the older forests. These factors, combined with the demands of a recovering economy, have strained the system. The demand for wood products — by the same soci- ety that desires to see vast regions of the forest off limits to logging has 1M+ frown son P~ M 0"I t Although AlasM has over 10% of the nations forest resource, it is far behind most other states in forest Industry employment. As the timber industry contracts in the Northwest, opportunity raps on the door of a potential multi -billion dollar wood products industry in Alaska. never been greater. The pulp and paper industry is now poised for a rebound. Housing con- struction and remodeling are both up. Remodeling itself has become a sus- tained growth industry, especially as America moves to rehabilitate inner cit- ies. The bad news is that national sup- ply of wood products is falling sharply, brought on to a large extent by the successful campaigns and lawsuits of environmental groups to withdraw mil- lions of acres of the Northwest timber base into no -harvest zones. With less timber available for cutting, 168 saw- mills have closed and over 20,000 people have lost jobs. But now it's not only the loggers in the. Northwest feeling the pinch, con- sumers across America are having to (Continued to page 4) Timber harvesting has touched only a fraction ofTongass National'' Forest 17, by Lew M. I tIffams In the debar over timber harvesting in Southcentral and I nterior Alamo, lmjsir ttuttln iniouttreaat A�sica is ci�eici ass a bad example. The implioejlton is that it has, mined the 'area, That's wrong. It's more accurate to say Southeast tine Or harvesting is a,good example. Since Tongass Natlo"hai Forest was established in 1909, only 435,000 acres of trees have been cut. That is 4.5% of the 9.5 million acres of forested land in the 16.9 million -acre _ Tongass. The 550,000 acres of Southeast granted to Native corpo- rations in 1971 are not included in those figures, but their clearcuts have been misinterpreted as part of the Tongass harvest. Because native timber is on private land, logs can be exported in the round. Primary manufacture in Alaska is required of timber cut on the Tongass, which is why we have an industry in Southeast whose positive impact far outweighs its small impact on the volume of trees and on fish and game. In addition, no harvest acreage has failed to produce a second growth, some which are good size trees. No streams have been destroyed, At Harris River and the Maybeso Valley on Prince of Whalen Island, where timber was first clear cut to the stream bank in 1964, the new trees are 10-20 inches in diameter and between 60 and 80 feet tall. The river is still a major salmon producer and a popular sport fishing stream accessible by road. It is logistically impossible for a Tongass timber harvest, which will have occurred d on no, more than 10% of the timber acreage by 2054 (the end of what is called the first 100-year cutting cycle), to halm this Tongass or Southeast Alaska. In addition to affecting so few areas compared with the whole, the re -growth po: tenfla[ of the Tongass is over billion board feet a year,, more than two and one half times the current 460 million board foot harvsslt rate. A claim'by soma, biologists new to the state that timber harvest ruins game 0abitat for up to 1510 years is not sup- ported by their own agency or by hunters. According to game regulations, the bag limit for deer is four bucks on Prince of Whales Island and on Ketchikan's Revillagigedo Island, and six on Chuchagof Island, all areas where the most timber has been cut. The bag limit is only two bucks around Juneau where there has been no logging. Timber corporations still pay healthy income taxes. By comparison, after deer were hunted commercially in Southeast early in the century to feed crews building the Alaska Railroad, and before the major timber industry came to Alaska in 1954, the bag limit was only two bucks a season throughout Southeast. (" Salmon runes and salmon harvests in Southeast in the 1980s have been greater than in any decade in the modem history of Alaska. This doesn't prove that logging enhances fish and game, but it proves that they can coexist with current management pokcies. The coexistence has occurred suc- cessfully for longer than many of the timber industry's critics have been alive. History contradicts their science. The 700`miles of roads on Prince of Whales Island, built by the timber harvesters, are part of the infrastructure that led to a stable year -around economy. The new economy justified new schools, a now airport, new hunting and fishing lodges, new sawmills and cedar mills and the incorporation of two new communities. More than 4,000 jobs in Southeast are directly tied to the Umber industry. They are year -around jobs. People build homes, families, communities and they vote. They don't head south each fall as do many employed in the visitor and fishing industries, some of whom claim logging on less than 5% of the Tongass threatens their jobs. Before the oil boom came to Alaska, Ketchikan Pulp (Continued to page 3) Thoughts from the President by Paul S. Glavinovich Mining Law "Here they come again" A similar exclamation was probably shouted by Col. Travis as he faced another assault from Santa Anna's troops in the historic defense of the Alamo. America's mining industry must feel a little like Col. Travis as it witnesses assault after assault on the 1872 Mining Law by those stalwart defenders of public lands from non-public land states, Son. Dale Bumpers (D-Arkansas) and Rep. Nick Rahall (D-West Virginia). Rahall was successful in the last Congress in convincing the House to pass his mining law reform legislation, but Bumpers -- in the Senate -- was not. Unlike the defenders of the Alamo, reinforcements in the form of U.S. Senators from the public land states arrived in time to preserve the basic tenets of the mining law, at least for one more year. Rahall and Bumpers are back again with legislation which basically mirrors their previous efforts. The new legis- lation, like the former, totally ignores the hundreds of hours of expert testimony offered by industry and government agen- cies on the previous bills. In addition, it includes an eight percent royalty assessed upon all production. That may not sound like much, but put it in the context of a retail merchant "These numbers are difficult to rationalize from a Congress and a Chief Executive that professes their priority is to reduce the deficit and create jobs." who pays $1 for a product and who is constrained by competition to a five percent mark-up and so sells the product for $1.05. The merchant's tax as per Rahall and Bumpers would be eight percent times $1.05 or approximately $.08. With his profit fixed at $.05 and the government demanding $.08, the merchant won't stay in business long and neitherwill the miner. There is an additional calculation peculiar to mineral economics called "Net Smelter Return," the result of which returns to the miner, particularly of base metals, only 50% to 60%ofthe gross value of his product. The eight percent gross tax sought by Bumpers and Rahall quickly escalates to approximately 16% of the miners'total return on his product; no expenses are deductible. Few mines will survive at this rate, and President Clinton now says that he will seek a 12.5% tax rate on gross value. These numbers are difficult to rationalize from a Con- gress and a Chief Executive of the federal government that professes their priority is to reduce the deficit and create jobs. The current mining legislation proposed by Bumpers and Rahall will have just the opposite effect. It will force present tax paying mining operations out of business, greatly restrict the initiation of any new mines and result in the loss of an unknown number of new and existing jobs in mining, manu- facturing and support industries as the U.S. mining industry moves offshore. The mining industry is once again attempting to educate those members of Congress to the value of a domestic minerals industry. It goes something like this: deficit reduc- tion, foreign trade balance and new jobs, and not necessarily in that order. Hopefully they will be successful. Tongass cutting is a good example, despite what opponents say (Continued from page 2) Company ;provided 20% of the corporate income tax col- lected by the state. 'Corporations still pay healthy income taxes'. The, critics of industry — non-profit organizations and individuals- -pay nothing and have 95% of the national forest in which to hunt, fish, hike and recreate without seeing a second growth tree or a clearcut. Tweniyfive percent of the stumpage dollars the Forest Service "collects from the timber harvest on national forests returns to states and is distributed to local governments for school and roaduse. That exceeded $20 million for the past four years, aftndst all of it from the Tongass and distributed to communities in the Tongass. Except for a few years in the 1980s when the timber market slumped -worldwide, the Forest Service has made money selling Tongass timber, such as $18 million in 1990 on gross sales of $36.6 million. The Forest Service reported a loss of $10.14 million for 1992, caused by one-time costs assessed against the year by terms of the Tongass Timber Reform Act of 1990. Nearly all of the loss was accredited to a write-off of road costs to timber that the Act took out of the timber base. Actually the Forest Service netted $25.5 million on a harvest of 1.65 billion board feet over the four year period of 1989-1992. We invite visitors to enjoy the 6.6 million acres of un- touched designated Wilderness (3.7 million of those acres covered with trees) in Southeast. That Wilderness is 15 times more acreage than has been logged in the past 84 years. And there are the other 8.8 million acres where the deer and the non -loggers play after deducting the 1.5 million acres open to logging between 1909 and 2054. Some of the regrowth areas are enjoyable, support fish and game popu- lations and are readily accessible by road. May Southcentral and Interior Alaska have such a suc- cessful program some day by doing so much with so little. Timber crisis spells opportunity for Alaska's forest .products industry Alaskan industry will have to overcome its own problems and convince public that logging will not ruin the land (Continued from page 1) pick up part of the tab for wilderness preservation through higher lumber prices, which have jumped as much as 90 percent in six months. Basically, it's Economics 101, the law of supply and demand. When supply decreases and demand increases, prices are bound to rise. The Congressional Research Cen- ter, however, claims many factors have contributed to the price rise and that logging closures have oMy played a marginal role in pushing prices up. It said the nation's economic recovery is the driving force behind the sharp in- creases. But the National Association of Home Builders, the American Forest and Paper Association and the United Carpenters and Joiners of America dis- agree. The timber industry insists the shortages are real and will grow worse as more land is taken out of production. The steep increase in the price of wood products is bad news for the consumer. The price escalation has added $4,500 to the price of an average new home, pricing about 127,000 buy- ers out of the market. Frank Seymour, a forest products specialist with the State of Alaska, said there is little relief in sight since there are no new timber supplies to mitigate shortages created by taking land out of production. Even in British Columbia, where the volume of timber cut is twice that of Oregon, Washington and California combined, harvest levels are steadily falling as more land is put off-limits to logging. Seymour warned that addi- tional price hikes in housing construc- tion and remodeling could occur if short- ages worsen. Alaska opportunity While the forests of the southeast United States have filled some of the void, the resource is limited and of lower quality than can be found in the Northwest. This fact alone opens the door to opportunity for Alaska's timber industry in serving the huge markets in California and the Northwest. Over ten percent of the forested lands in the entire United States are in Alaska, according to the Alaska Divi- sWuMv Vo1ww oo�ow � sion of Forestry. The state has the second greatest acreage of potential commercial forest and the fourth larg- est acreage of actual commercial forest of any state following Oregon, Wash- ington and California. State and private foresters say Alaska's wood products industry is a sleeping giant, a potential multi -billion dollar economic force that some day could employ over 10,000 people while sustainably harvesting more than 3 billion board feet of timber annually. But to move on the opportunity created by conditions in British Colum- bia and the Northwest, Alaska's timber industry will have to overcame Its own Utilizing a fraction of its forest resource, Alaska° has the potential to supply American and foreign markets with a wide variety of wood products. Page 4 / RESOURCE REVIEW / March 1993 i Western Stabs Timber Fbwest -1990 1 -' troubles. Just as there is strong oppo- sition to cutting trees in the Northwest, there is also opposition to logging in Alaska where most of the forest has yet to be touched by a chainsaw. "The reality is that society does not look favorably on timber harvesting because it has lost touch with the basic fact that trees are a renewable resource -- a crop that grows back, given proper management and care," said Joe Henri, President of Southcentral Timber De- velopment Corporation. "The same publicthat doesn't want to see a tree cut anywhere is now screaming about the soaring prices of lumber and other wood products." As ma boreal .. ti. — rw.. v .. ,o y,,,i�-•� e-Y�„A�/A)!Aw +Y:s .�. r{M'sw-.,A e.s•. W.}iJY#N, .. ,!dr NMrr: AY�Me•Myt1'MY111:� Weetern O Wn - AnneM Monet dkmo a ww w -1 m Wty M ft On. VAMM"+ erw,r. Name M" Although it has not even scratched the surface of its enormous timber re- source, Alaska— like the Northwest — is experiencing a drop in overall timber production and sales in part because of new Wilderness set -asides. Alaska now ranks far ahead of all states in dedi- cated Wilderness created from poten- tial commercial forest land. The value of Alaska wood product sales fell from $1.1 billion in 1989 to $562.7 million in 1991, the last report- ing period available. Well over one billion board feet of timber was har- vested in -Alaska in 1989, compared to about 960 million board feet last year. Some 264.2 million board feet came list in the Northwest and the Tongass aaisllosed to harvesting, the Alaska may play a role in supplying needed wood products. from the one-third of the Tongass open to logging while Native corporation lands in Southeast accounted for451.3' million board feet of the harvest. An- other 137 million board feet was cut off Native lands in Southcentral. Don't cut the treesl While the total value of Alaska sales is expected to jump because of steep market price hikes, the volume harvested will likely fall as environ- mental interests push for additional no -harvest zones. New reductions in the timber base will only aggravate supply problems. The Tongass Reform Act of 1990 designated an additional one million acres of the Tongass National Forest as Wilderness. That means over two- thirds of the commercial forested lands in the Tongass, the nation's largest national forest, are now off-limits to logging. The loss of this wood is par- ticularly painful because it is processed in Alaska before being exported, while a substantial portion of timber owned by Alaska Native corporations is shipped outside the state as round logs. Processing means more jobs in Alaska and higher prices for the prod- uct. Moreover, since the passage of the Tongass legislation, environmen- tal groups have challenged every single Forest Service timber sale offered and (Continued to page 6) March 1993 / RESOURCE REVIEW / Page 5 Preservationists move to block Alaska logging (Continued from page 5) every long-term timber sale area pro- posed for the two Southeast pulp mills. The mills are now experiencing severe log shortages and sizable increases in the prices for logs they buy. With new areas being put off limits to logging, the mills are being forced to harvest lower - quality timber in remote areas that cost more to access. Meanwhile, environmentalists have been working overtime to prevent log- gers from getting a foot -hold elsewhere in Alaska. The Sierra Club and other environ- mental groups are backing massive land purchases to prevent logging on over 380,000 acres of private land in Prince William Sound, on Kodiak and Afognak islands and along the Gulf of Alaska. The groups are pressuring the Exxon Valdez Oil Spill Trustees Coun- cil to spend hundreds of millions of dollars in oil spill settlement funds on timber "buyouts." Jim Cloud, one of several citizen advisors to the Trustees Council, warned that while it may be necessary to protect some habitat in the region, large-scale timber buyouts would with- draw enormous amounts of timber that would otherwise be available for public consumption. Cloud explained that as fisheries and recreation are considered a public use in Prince William Sound, so is timber, a renewable resource that provides Alaskans with jobs and sup- plies consumers with a varied assort- ment of wood products. Cloud suggested that where it is absolutely necessary to acquire tim- berlands for habitat protection, other lands with equivalent resources should be made available to the forest prod- ucts industryto replace the loss of wood products to consumers. Lew Williams, another citizen advi- sor to the Trustees Council, is also cool on the buyout proposal. With some 89 percent of Alaska already in govern- ment ownership, Williams stressed the Page 6 / RESOURCE REVIEW / March 1993 importance of keeping private land open to development. When land is taken out of production, tax revenues, local eco- nomic spinoffs and jobs are lost, Will- iams noted. A case -in -point is the $20 million Seward sawmill which just re -opened and is expected to employ over 100 people by this summer. With little log- ging occurring in the Chugach National Forest, the,mll is heavily dependent on private timber lands owned by Native corporations in Prince William Sound and the Kenai Peninsula. Wood prod- ucts from the mill will be sold to Alaska consumers, as well as those in the Northwest and overseas. As supplies dwindle in the Lower 48 and overseas, timber operators will be taking a closer look at the thin trees of the boreal forest, where one-third of the state's forest resource is located. This vast, largely untouched Interior forest has the potential to fulfill a large share of wood product commodity pro- duction. With new technology, this smaller sub -arctic timber can be manu- factured into quality value-added forest products ranging from lumber and ply- wood to reconstituted wood building panels. But virtually no logging is occur- ring on the boreal forest. And plans to log there have also met the hammer of the powerful environmental lobby. The Koall bark beetle defboft Even on the Kenai 'Peninsula, where an over -mature forest is dying from a severe spruce bark beetle infestation, efforts to log dead timber are bogged down by environmental politics. But long-tirneAVlaskaforesterJohn Hall says logging on the Kenai is necessary to restorethe'forest's health. He contends that fish streams, wildlife habitat and view shade ar'0 in greater jeopardy from the aging spruce dying and, alling down. Hall also dW the growing risks of cata- strophicwildtires in the drybeetle-killed forest and the high cost of fire suppres- sion. Ordy one-thkod of the ommnNwis/ #Mber kn* In #*7ftngaft remain cpentO bgp7g A 1992 aerial survey shaved that there were X5,000 acres on the Kenai infested by the beetle. Hall, President of Taiga Resource Consultants, sub- mitted a master harvesting plan to the Kenai Perlihsula Borough for harvest- ing beetle -kited timber. The plan calf for logging and utili- zation over a ten-year period — of 800 million to 1.5 billion board feet of spruce timber recently infested and on the verge of destruction by the beetle. "The harvest can be done property and professionaay with coordinated input of wilctiife and fisheries biologists, fire con- trol specialists, 'forest entomologists, silvkmturh ts, fotWengineersand other forestry personnel," Hall said. The objective of the plan would be to establish a healthy forest which has or wtll be devastood or deforested by the lit edb. diWll Warned'Vvd the beetle is � 1iFle Perlin�ula4ise a sklWrljlr Wr4k irBend smut ring Etas to f�� rsdon . floe forest,wiil die and- beve l-arn uqfthtly graveyard of deiael bNllailt tCl l s,k,a ab1tet fit only A MNW'Con"hon t.of itre master plants *!$1.5 m1W n ralibr ion cen- tertltntwaukl`irtdtW9 a nUnWy, grleon- house *W tresewch fa�iNity st by sihrlcr rlgldit foiiiirles arnd' wildlife bi- okigii, ilkeoorsroje Ciiarlibts and' other team I»arrtberst ►� Arvid H , also ofTa lga, noted that logging the Peninsula's dead and dying (Continued to page 7) { , Loggers: state policy hasn't helped (Continued from page 6) timber could generate over $1 billion in economic activity during the next de- cade. He stressed that an aggressive harvesting plan, coupled with an in- tense reforestation program, would lead to a vibrant, green forest in 30 years. On the other hand, letting nature take its course, the option preferred by many preservationists, could result in devas- tating multi -million dollar wildfires and grasslands void of evergreens for gen- erations. Some preservationists are resist- ing logging of the dead and dying tim- ber and the construction of roads to reach the trees. They are working to convince fishing, recreation and tour- ism interests to oppose logging. This conflict infuriates private for- ester Terry Brady who charged "the environmental community on one hand is now espousing'sustainable develop- ment' while working overtime to tor- pedo any reasonable use of the renew- able forest resources." Unfavorable government policy Brady was also critical of both fed- eral and state policy which he claims has for more than 20 years been nega- tive to the development of a forest prod- ucts industry in Alaska. "This has been accomplished through law, regulation, attitude, prior- ity, and alienation of the forest resource by creation of wilderness and off -limit park and wildlife areas," Brady said. "The result has been virtually no utiliza- tion on state lands, 'while the forest progresses through fire, disease and insect attacks, which destroys wood while precluding beneficial uses." Brady pointed out that natural mor- tality has, in many areas, surpassed growth. For example, on America's two largest national forests, the Tongass and the Chugach, natural mortality far outstrips growth. And since 1987, with the continual increase in the beetle infestations, there is reason to believe that mortality on state lands is now greater than new growth. ,"Despite the promise of sustained yield utilization envisioned in the Con- stiMion of the State of Alaska, and a0ressively pushed by early state ad- ministrations, we have now had20yeam of the opposite," Brady charged. 'The great experiment of the owner state, at least as far as forest resources are concerned, is teetering on the brink of disaster." With more than 10 percent of the entire nation's forest resource, the peak harvest of Alaska wood has never reached above one half of one percent of the nation's output. This puts Alaska far below such states as Michigan, Min- nesota, New York, Georgia, Texas and the Carolinas, all of which support an- nual multi -billion dollar industries with less resource than is found in Alaska. It is no'wonder that Alaska is last in forest industry employment, Brady said. "The petroleum industry should not have to send to Oregon to get timbers, the Alaska Railroad should not have to send to Montana to get ties and Alaska home builders should not have to use Canadian and Oregon products," Brady added. "The minerals and tourism indus- tries, in cooperation with the timber industry, should benefit from increased surface transportation" that logging would bring, Brady noted. AN these side benefits would lead to a healthier range of conditions for large and small game, and more fishing opportunities for the common citizen as remote rivers become accessible, Brady contends. "The current'combat fishing' by Alaskans along the Russian River could be reduced considerably if other options become available. The envi- ronment Itself, now under severe strain because of mismanagement and no management, can benefit." Recent moves by Governor Wafter Hickel and Commissioner Glenn Olds of the Department of Natural Resources indicate that a turnabout may occur, provided there is sufficient public sup- port to convert dead and dying timber into useful products. According to pri- vate and state foresters, there is strong public support for harvesting such tim- ber. But it won't happen, Brady warned, unless government comes to terms with its responsibility to manage renewable resources under sustained yield pro- grams. March 1993 / RESOURCE REVIEW / Page ASSO%ado-%ixxTA= SERV7GES9 IN Ce P.O. Box 1908 Telephone (907) 283 7684 Z=A, AK 99611 Fax (907) 2837684 V rration Abatysis 'iry Balancing Prediodyei is ia anca Programs A►h obn A8ent for MD l ech dysis products Vftadoa A lore Da Collemrs Halauctwo i i> i> ►11 + 'tta�ri 1. symems AN,D!,E�RSON TUG & BARGE *,-Barge Beaching *= Contract Towing Serving Pacific Northwest & All Alaska Waters ,, • .�- .. PORT OF SEWARD TRANSPORTING ALASKA'S RESOURCES (907) 224,5506 Resource Development Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 ADDRESS CORRECTION REQUESTED Ms. Carol Freas Clerk City of Kenai 210 Fidalgo Avenue Kenai AK 99611 Bulk Rate U.S. Postage PAID Anchorage, AK Permit No. 377 Resource Development Council for Alaska, inc HURSDAY Petroleum Club of Anchorage 4101 Credit Union Drive (South side of Sea Galley Restaurant) April 1-993 ................................. Reservations are required for each meeting. Please all 276-0700 by noon Wednesday. Doors open at 7 a.m., presentations begin at 7:30 a.m. Members: Breakfast: $10.50, toffee & Pastry: $5.50 Non -Members: Breakfast: $12.00, Coffee & Pastry: $6.00 April 1: A report on Kenai liquefied natural gas operations Roy Lyons, Regional Manager, Phillips Petroleum April 8: Should oil spill restoration funds be used for timber buyouts? Alaska Attorney General Charlie Cole 'This program tentatively confirmed at press time. Please call to confirm when making reservations April 15: Endangered Species Act in Oregon: Is this what Alaska can expect? Gary Gustafson, Director, Oregon Division of State Lands, Portland, OR 'r-, I April 22: No Thursday forum due to RDC Board meeting in Juneau r ' Paul I lueber Regional Vice President March 22, 1993 Mayor John Williams 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams: Once again, thank you for attending Corporation while in Kenai this past left the City of Kenai with a better goals, especially our commitment to serve. International Headquarters 3100 West Big Beaver Road Troy NU 48084-3163 3136433120 Fax 313 643 5787 rrt. our presentation on Kmart week. We are confident we understanding of Kmart, our the customers we will soon It goes without saying, Mr. Williams, that without your backing and continued support of our project, the process would not have moved near as quickly. We have nothing but praise for your city officials who have assisted Kmart Corporation with expediency and concern and for this we thank you. We greatly enjoyed the tour of the city of Kenai and its facilities and your accomplishments since you were elected Mayor of Kenai are clearly evident and undoubtedly a sense of great personal and civic pride. Sincerely, PJH:pvn cc: Mr. Joe Antonini Chairman of the Board, President and Chief Executive Officer our presentation on Kmart week. We are confident we understanding of Kmart, our the customers we will soon It goes without saying, Mr. Williams, that without your backing and continued support of our project, the process would not have moved near as quickly. We have nothing but praise for your city officials who have assisted Kmart Corporation with expediency and concern and for this we thank you. We greatly enjoyed the tour of the city of Kenai and its facilities and your accomplishments since you were elected Mayor of Kenai are clearly evident and undoubtedly a sense of great personal and civic pride. Sincerely, PJH:pvn cc: Mr. Joe Antonini Chairman of the Board, President and Chief Executive Officer rr ..wj n � E 4 fit lip lilt 111.1 w to ch N a 0 W W U ~ J NX W W m Z m O CPS H c W O �( ` (1l Z' (� _I } wjN (fJj= LA-ZF Im a. L W r obi (j T a N V J LU�d d a. pwU 0 � (L �"� F- a. Mw w0 p •tda.p - Q 'C N ow N `1d-0 !�[ Q�d 0w o W W0�- 1y�d�J ZW j�w�- --i0 �M < NO l'KUr- Yi'��ODw dCO 4D a �. d 4 m mmrr L LL 0 W(1 0 Z p+ ti t+Jt7NZ mZ8-cc0 d0 d W Ce Z O -ccW W Z Uiaa.— 0(x��aN cps 0 an f- ,v W i W J L 0 J Y'i 0 a 00 # l Z 0 0 I!e a Z U N -CC U LO w A U Z J Q �_ tdY v Z tY J a, Z ' w J (" W De W �, W a. Z '--1 rL W ial x w� Z U 0 w 0 N wed O in 0 (J ti O W Z d Z J} �`Z i;c W c=.)Y L))leC) U�N xZ U1N CL10Y U.61 La ( T.pl u ^ v' u .� a -s > o o 0� eq N ® M c an a a U� ,v 3 o � cm 1 I CA W •� \� ' V 0 re ♦_/w cc N _- W ". C7 0% 0 Kenai's 3rd Annual'Spring Celebration Tickets Available at the Kenai Chamber of Commerce 283-7989 Saturd'ay Aril t''7,1-993 8*000 FM @the Kenai'Elk Is- Club Sponsored by Kenai Chamber of Commerce and Kenai Lions Club Costumes Optional y Cash Prizes for Best Costume 1110 Host Bar -Drinks at Club Prices Door Prizes • Sp -lit -the Fbt Raffle Barge Selection of Zlors d'oeuvres Dive Music hiy Bull Don & the Moose Nuggets $25.00 per Ticket - 160 Tickets Available (1 Includes $10.00 in FREE chips per Couple ,i b % t�x �+ • T 1� b C •�1 " �' a>u lye ti �y�4 !'', (�'. = .� #a +.:...•; +[ 4 r LARGEST TRADE SHOW ON KENAI PENINSULA 8th ANNUAL KENAI PENINSULA SPORTS RECREATION AND TRADE SHOW APRIL 23-24-25 - CENTRAL PENINSULA SPORTS CENTER - SOLDOTNA MOVIES - DEMONSTRATIONS MOTORCYCLES - BOATS - GUNS - FISHING TACKLE - BICYCLES - HOT TUBS - POWER EGIWIPMENT - TENTS - AUTOMOTIVE PARTS - CAMPER SHELLS AND"NU►NY MORE INTERESTING PRODUCTS AND SERVICES TROUT POND SPONSORED BY TROUT UNLIMITED - EXXON - GCI - ALASKA DEPT. OFFISH AND GAME COOK INLET.PROFESSIONAL SPORTSFISHING ASSOCIATION LIMITED BOOTH SPACE AVAILABLE CALL PENINSULAADVERTISING -- 776-5212 SHOW YOUR PRODUCTS OR SERVICES TO OVER 4AM PEOPLE FOR $275. AND SEE YOUR SALESAMOPROFITS GROW CO SPONSORED BY �Y�fnA11BAN molms Don't Forget to mark the dates For the 7M Annual Sbidotna Sliver Salmon Derby August 20-29,1993 M-P-17r VA -W-m Ilk I Am qw- Am MMWPI *WAV Ww�k ..Omw� "WA At C: !A 217VE-7 - 91A.IAO '41114A 148P. :X0 -'4� - -3(il' �14113 - ir'16-- TV aZA, iYV :FF 01143 A*.j itimA rf'17 9M ioi # FISIRI D DILMNSTRUTNND PATIONCIOAOERTIION 410 WILLOUGHBY AVENUE, JUNEAU, ALASKA 99801 3 March 26, 19V 1' q93 Mr. Keith Kornelis MAR �� Public Works Director City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Dear Mr. Kornelis: WALTER J. HICKE. Telephone: (907) 465-5136 Fax: 907) 465-5177 R C / Pr 4ewrv414 I/Vfo -- 1r�7'l'1! Does your community need money for wastewater or drinking water related construction projects? Would a low interest loan help you get started on these projects? The Alaska Department of Environmental Conservation administers a low interest loan program that currently can finance wastewater related construction projects. Enclosure One to this letter contains a brief description of this loan fund program. The enclosed questionnaire provides an opportunity for you to identify projects you would like to have considered for loan funding. If you have projects that you wish to have considered, please fill out a questionnaire for each project. If you have more than one project, please make a copy of the enclosed blank questionnaire. We will use this information to construct a priority list for loan funding of projects. After we collect the information, we will put a list together and give you an opportunity to review our funding plan. We will review your comments, reconsider our funding plan, make changes where needed and submit a grant application to the Environmental Protection Agency (EPA) to get the loan funds for the projects. Federal legislation is being considered that would open the loan fund to drinking water related construction projects. We need to know whether a low interest loan program for drinking water projects would be useful to you. If you would be interested in receiving such a loan, please fill out a questionnaire for each drinking water construction project. •ice ••` • t f Mr. Kornelis -2- March 26, 1993 The loan fund has a considerable amount of funding that could be made available to Alaskan communities. We could loan a total of $22.6 million for wastewater projects by September of this year, or sooner if it is needed. We must be able to identify at least $11.6 million worth of those projects in time to get funding from EPA by September 30, or we will lose it. If that happens, the funds will be made available to other states and Alaska will be unable to recover it. In other words, if we don't use it, we will lose it. If you have projects which you are considering, please fill out a questionnaire, even if your projects are not very far along in planning. Your positive response to these questionnaires will enable us to at least save the funding for you and other Alaskan communities' use in a few years, even if you don't need it now. Please complete and return your questionnaire(s) by April 30, 1993. If you have questions, please contact Terri Lowell at 465-5146. Sincerely, Dick Marcum, Chief Municipal Grants and Loans .anc:.osure :. THE ALASKA CLEAN WATER FUND INTRODUCTION Since 1972, Alaska communities have relied upon federal grants to partially fund their larger, more complex wastewater treatment and collection systems. However, in 1987 Congress decided to phase -out the 15 year old program: and replace it with a State administered revolving loan funds This action marked the beginning of a new era in financing wastewater projects. It has been estimated that well over $1 billion will be needed to finance sanitation needs during the next twenty years. It is therefore vital that a financially, prudent, long term funding strategy be established to solve sanitation needs. The Alaska Clean Water Fund is Alaska's response to this change in national direction. Through this program, communities may receive low interest loans for planning, design, and construction costs associated with wastewater facilities. To date, the Alaska Clean Water Fund has made 12 loans to communites for a total of $23,394,360. There are currently $22.6 million available to the Alaska Clean Water Fund to be loaned to communities for wastewater projects. FINANCIAL ASSISTANCE Interest rates are based on 75%of the Municipal Bond Index rate at the time the loan is made. Interest rates for loans have fallen as low as 4.17 percent or risen as high as 4.85 percent. Loan repayment periods may be as long as twenty years and repayment does not begin until the facility has been in operation for a year. HOW THE PROGRAM OPERATES Funding from the Alaska Clean Water Fund program follows a cycle which begins with the compilation of a funding priority list. From this list, the Department prepares a grant application to the U.S. Environmen- tal Protection Agency. Following receipt of the grant, the Department may begin funding projects from the list. Prior to construction, the Department reviews applications, negotiates loan agreements and pro- vides assistance in the preparation of various engineering documents. What Is the Alaska Clean Water Fund? What will It cost to use this fund? How does the ACWF work? OPERATIONS Fi"M MO I'Y LIST: To be considered for a loan, a commu- nity must submit a questionnaire. Projects submitted are reviewed, y scored and yanked bead upon criteria which considers numerous loan? factors: degree of project planning, water quality issues, population served/project cost ratio, and the financial status of a community. LOAN COMMITMENT: Once the priority list has been established, What If the project is a community may submit a request to the Department to reserve funds for delayed? What happens a project. Within the next two years, the community will need to submit to my ban request? a completed loan application. LOAN AGREEMENT: A community wishing to receive a Clean Water Fund loan must enter into a loan agreement with the Department. The When the project is agreement will include conditions to ensure loan repayment, adherence to ready, what do I have to federal and State requirements and project completion. The interest rate of each loan is established on the date the Department signs the agreemem do to receive funding? The interest rate stays consistent throughout the loan commitment period. PAYMENTS: Loan funds are disbursed upon submittal of invoices or other documentation demonstrating that a project related cost has been How ar+s loan funds incurred. On average, it takes a week to process a community's payment dloburaed? request. Interest only accrues on a loan payment from the date payment is received by the community. REPAYMENTS: Once a project has been completed and the facility has initiated operation, communities have one year before they begin loan When does ban payments. This allows the community to collect revenues before they repay Mant begin? have to make the first payment. Repayments may be made annually over a maximum period of 20 years. or `° ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION ALASKA CLEAN WATER LOAN FUND QUESTIONNAIRE Please complete this questionnaire for each project you anticipate requesting loan fund assistance from the Alaska Clean Water Loan Fund Program (ACWF), Department of Environmental Conservation (ADEC). The information you provide will be used to justify a funding request to the U.S. Environmental Protection Agency. Please do not combine water and wastewater projects on the same questionnaire. GENERAL INFORMATION: 1. Date: 2. Name 3. Position or Title: 4. Phone Number: 5. Municipality Represented: 6. Address: 7. City 8. Zip: GENERAL PROJECT INFORMATION 9. Project Title: 10. Project Type (check the appropriate project description): New sewage treatment plant Rehabilitation or expansion of existing facility Infiltration/Inflow Construction of new interceptor sewers, pump stations, and appurtenances Upgrading existing treatment facilities Other: provoe abnef descHiStIon) > > Please describe, briefly, any public health or environmental hazards that will be corrected by this project. SPECIFIC PROJECT INFORMATION 12. Please estimate the population which will benefit from this project. 13. Please describe the planning which has taken place, to date, for this project by checking one of the following statements: a. Engineering plans and specifications have been prepared. b. A feasibility study which addresses the need for this project has been prepared. c. A comprehensive study which addresses the need for this project has been prepared d. None of the above have been prepared Comments: 14. How much will your loan request to ADEC be for this project? (May be up to 100 percent of the total project costs). $ 15. If funds were made available through this program, when do you estimate construction would begin on this project? 16. Total project costs are estimated as follows: Administration $ Engineering and Inspection $ Construction $ Equipment $ Other (Contingency) $ Total $ Cost estimated by: Name Title or Position Phone 1791-1991 CITY OF KENAI G'dpd#al 4 44 „ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283.7535 FAX 907-283-3014 Memorandum To: Mayor Williams and the City Council From: Randy Ernst, Airport Manager Date: April 1, 1993 Re: Terminal Office and Ticket Counter Space Ad As directed by Council, the following ad will appear in the Business section of the Anchorage Daily News on April 5, 7, 9, 12, 14, & 16 : Kenai Municipal Airport Terminal Office and ticket counter space available for passenger air carriers. For more information contact: Randy Ernst, Airport Manager 283-7951