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HomeMy WebLinkAbout1979-03-21 Council PacketKenai City Council Meeting Packet March 21, 1979 . CITY OF KENAI ORDINANCE NO. 4?7-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA DECLARING A CERTAIN PARCEL OF LAND FORECLOSED BY THE KENAI PENINSULA BOROUGH AND DEEDED TO THE CITY OF KENAI AS DEDICATED FOR PUBLIC USE. WHEREAS, on January 6, 1975 a certain parcel of land, fore- closed by the Kenai Peninsula Borough, was deeded to the City o~ Kenai, and WHEREAS, this parcel of land has been reviewed by the City of Kenai Advisory Planning & Zoning Commission in accordance with the City Code, and WHEREAS, the Commission recommended the retention of said parcel for public use as a fire station site, and WHEREAS, A.S. 29.53.370 and A.S. 29.53.375 provide for the notice of this ordinance to previous owners of said p~operty by CertifiedMail, and WHEREAS, such new state statutory section has been added to Ordinance %312-76 providing for the sale of foreclosed land by Ordinance %456-78. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA AS FOLLOWS= Section That the following parcel, as described below, along with the name and address of their ~ormer owner shall be retained for public purposes for a fire station site= Legal Description 041-080-0300 Beaver Creek, Alaska SuB. Lot 3, Block H, Kenal Recording District Former Owner Thomas R. Brewer PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of March, 1979. VINCENT O'REILLY, MAYOR ATTEST Sue C. Peter, City 'Clerk First Reading: March 7, 1979 Second Reading: March 21, 1979 Effective Date= April 21, 1979 CITY OF KENAI ORDINANCE NO. 478-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING ORDINANCE NO. 443-78. WHEREAS, Ordinance No. 443-78 provides for a transfer of funds from the General Fund Reserve for Capital Improve- ments to the Water and Sewer Special Revenue Fund Reserve for Sewer Treatment Plant Improvements, and WHEREAS, the intent of Council is that this transfer be treated as a loan to be paid back to the General Fund from future revenues of the Water and Sewer Special Revenue Fund, and not be treated as a liability in the records of the Water and Sewer Special Revenue Fund, and WHEREAS, Section 2 of Ordinance No. 443-78 does not clearly indicate that the repayment should be from future revenues. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that Section 2 of Ordinance No. 443-78 be amended to read in its entirety as follows: 2. The transfer from the General Fund Reserve ~or Capital Improvements be considered as a loan, to be paid back to the General Fund at 5.25% simple interest, which is deemed to be a reasonable long-term bond rate, from future revenues of the Water and Sewer Special Revenue Fund, as these funds become available, under a schedule of payment to be established at the time the Sewer Treat- ment Plant upgrading is completed. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of March, 1979. ATTEST~ VINCENT O'REILLYv MAYOR Sue C. Peter, City Clerk Approved by Finance:~--~' First Reading= March 7, 1979 Second Reading: March 21, 1979 Effective Date: March 21, 1979 CITY OF KENAI ORDINANCE NO. 479-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPEALING SECTION 18, ARTICLE 3 OF THE 1963 KENAI CODE AS AMENDED RELATING TO STREET EXCAVATIONS AND ENACTING IN ITS PLACE A NEW ORDINANCE DEALING WITH THIS SUBJECT. WHEREAS, the City of Kenai has comprehensive ordinances regulating the excavations in streets and public rights-of- way, and WHEREAS, these ordinances have been codified in Section 18, Article 3 of the Kenai Code and have been further amended by Ordinance %195-71 and 343-77, and WHEREAS, this code provision as amended is in need of re- vision for among other reasons, to update the insurance requirements imposed of excavators, to provide more controls owing to increased activity, and to otherwise ugdate ~he existing code provisions. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA AS FOLLOWS: Section 1: Section 18, Article 3 of the 1963 Kenai Code and all amending ordinances of this code section, including %195-71 and 343-77 are hereby repealed in their entirety and in their place the following Title 18, Chapter 15 entitled, "Excavators, Pipelayers, Etc." is hereby adopted, which is attached hereto and made a part hereof by reference. PASSED my the Council of the City of Kenai, Alaska this 21st day of March, 1979. VINCENT O'BEILLY, MAYOR ATTEST: Sue C. Peter, City Clerk First Reading: March 7, 1979 Second Reading: March 21, 1979 Third Reading: April 4, 1979 Effective Date= May 4, 1979 18.15.010 EXCAVATORS, PIPELAYERS, ETC.; Permit Required: No person or legal entity conducting any excavating activities shall perform any work in or under public lands or public rights-of-way or in any public utility easements within the City without first having been granted a permit for such work from the City Public Works Department. "Excavating" means the removal, carrying away, backfilling, tunnelling, bulldozing, digging out, leveling, clearing or moving of earth or soil by manual or mechanical means. 18.15.020 Application: Applications for such a permit shall be made to the Public Works Department on forms provided by the department setting forth in a verified format the following: 1. Name and address of the party doing the work. 2. Name and address of the party for whom the work is being done. 3. Location of the work area. 4. Whether a detour of traffic will be necessary. 5. Such other information and assurances as the Public Works Director shall find reasonably necessary for the issuance of a permit. 18.15.030 Inspection Fee: An inspection fee for each permit in the amount of $10.00 shall accompany an application for permit hereunder to cover the cost of all inspections performed by City personnel as provided herein. 18.15.040 ]pRding and Insurance;. Yearly License, Fee: Before the issuance of any permit hereunder, the applicant shall secure the bond and ~nsurance coverage as set forth below. Presentation of satisfactory proof of compliance therewith shall entitle the applicant to the issuance of a yearly license upon the payment of a $50.00 fee which shall expire on December 31st of the year in which it is issued. 1. Bond: The applicant shall obtain a maintenance and construction bond in the amount of $5,000. Said bond shall be conditioned to indemnify II II i the City for any loss, liability or damage that may result or accrue from or because of the making, existence or manner of guarding or construction of any such tunnel or excavation. Such bond shall have as surety a corporation licensed to do business in the state as surety company. In lieu of a corporate bond, a deposit of $5,000 in a certified check or cashier's check, as security deposit, shall be deposited with the City of Kenai. 2. Insurance= The applicant shall provide to the City certificates of insurance (with the stipulation that the City as certificate holder will be given thirty (30) days written notice of intent to cancel) evidencing= a. Not less than $100,000 of bodily injury liability coverage per individual and $300,000 per accident, nor less than $100,000 of property damage, liability coverage. The applicable certificate of insurance shall clearly indicate that the property damage liability coverage includes hazards from underground work, explosion, collapse, and damage to underground wires, conduits, pipes, fittings, mains, sewers and a similar document of indemnity required pursuant to the provisions of Section 18.15.050 has been incorporated into and made part of the applicable insurance policy. b. Workmen's compensation insurance in accordance with the laws of Alaska. 18.13.050 Indemnity Agreements Before the issuance of a ~ermit, the applicant shall execute a document of indemnity saving the City harmless against any loss or damages due to the negligence of the permittee or his agents and employees while the excavation or pipelaying work is being performed. 18.15.060 Waiver of B~nd & Insurance= 1. The City Manager may waive the bonding and'insurance requirements herein for applicants performing City projects when equally sufficient bond and insurance protection for the City is provided by the terms of the contract entered into by the City for such project. 2. The bond and insurance requirements may be waived by the City Manager for applicants who wish to personally and singularly perform excavation work benefiting their own property the total cost of whi¢h within the public right-of-way would not exceed $600. -:2- 18.15.070 Time ~imitations~ All permits shall be issued under the'co~'6ion that the projected work be acted upon within twenty (20) days. Extensions may be granted by the Public Works Director for good cause. 18.15.080 Cit~ Water Char~es~ The applicant shall state on his application whether he will require City water for the pro~ect. The applicant shall agree to pay the fee for the use of such water as determined by the City ordinance pertaining to water rats charges for fire hydrants. In addition, the applicant shall secure each day that water is used prior permission from the Fire Department and Public Works Department before using any hydrant and shall notify the Fire Department when water has been turned off. The applicant shall agree to accept liability and to pay for any damage done to fire hydrants improperly used. 18.15.090 Entry And Inspection--Implied ¢onsent~ The filing Of an application for a permit provided for herein or the making of an excavation or fill described herein shall constitute consent by the applicant, contractor, and property owner for the Director of Public Works to enter upon the property at reasonable times and to inspect and investigate the soil conditions, the progress of the excavation or fill, or any facts and circumstances related to the application, permit, excavation or fill. 18.15.100 Cit~ Public Works. Department Crew Call-Out Charg~ When necessitated pursuant to the provisions of this chapter, the applicant shall agree to pay to the City the cost of services performed by the City Public Works Department work crew on behalf of the permittee whether such work is requested by the permittee, Public Works Director or City Nanager. The charge for such services shall be at such rates calculated to reimburse the City for its actual labor and material costs plus 10% for administrative costs. In addition, the permittee agrees to reimburse the City at predetermined rates for the use of City equipment used by the City crew on the ~ob. 18.15.110 Notification of U~ilitiess No permit shall be issued unless and untils 1. The applicant has given two days notice to all utilities (including gas, telephone and electric companies) of his intention to excavate in the area proposed, and -3- 2. All existing utility lines or pipes have been staked or otherwise clearly marked for the permittee accomplishing the excavation contemplated. 18.15.120 Connection with City Utilities: No permit shall be'issded for the purpose ~f hooking into City utilities (water and sewer) except upon prior receipt of all connection fees required by the City. Property owners desiring to connect to water and sewer laterals or trunks shall make application for such connection and pay all required fees at the main office of the City. Ail connections to water and sewer mains shall be made by City- approved contractors and inspected by the Public Works Director or his designated representative. It will be the responsibility of the property owner to furnish or supply all materials necessary to make the connection and to perform all necessary excavating, pipe-laying from the structure to the main, backfilling and compacting and to restore the roadway to its original condition. 18.15.130 Standard Concerning Excavation Activity: Upon securing a permit, all permittees shall abide by the following standards: 1. (Repair broken lines) The permittee shall take immediate steps to repair any broken water and sewer lines and shall immediately notify the City of a~y damage. 2. (Project coordination) The permittee shall coordinate his work schedule with the City to insure that adequate and timely notice is given to the fire, police and utility departments, and to insure that scheduling with other construction work is closely coordinated. It shall further be the responsibility of the permittee to see that proper traffic signs, detours and safeguards are provided, and that the property owners affected directly or indirectly are notified and provided with interimutility service as required. 3. (Manner of excavating) The permittee shall allow no excavation or tunnel to be made in any way contrary to or at variance with the terms of the permit therefor. Proper bracing shall be maintained to prevent the collapse of adjoining grottnd~ and in excavations the excavation shall not have anywhere below the surface any portion which extends beyond the opening at the surface. No injury shall be done to any pipes, cables or conduits in the making of such excavations or -4- 1ss and notice shall be given to the persons tunne cables or conduits or maintaining any such pipes, department or officer charged with the to the city . h are or may be endangered or care th~r?of~h~.~ of any such excavation or affected By ~n~ ,, ...... ~ conduits shall tunnel before such pipes, cables or be disturbed. an sidewalk is blocked by 4. (siaewa~k~ If Y dewalk shall be constructed any such work a =emporarY si and or provided which shall be safe for travel convenient for users. 5. (Traffic routing) Where traffic is affected, the permittee shall provide that proper signing and safeguards be in accordance with the Alaska traffic manual and shall notify the Police, Fire and Public Works Department to obtain clearance for the type of detour, time and other limitations imposed. Flashing lights on barricades will be required during hours of darkness- The permittee shall take appropriate measures to assure that during the performance of the excavation work, traffic conditions as near normal as possible shall be maintained at all times so as to minimize inconvenience to the occupants of the adjoining property and to the general public, warning signs shall be placed far enough in advance of the construction operation to alert traffic within a public street and cones or other approved devices shall be placed to channel traffic, in accordance with the instructions of the Director of Public Works. The pe~mittee shall maintain safe crossings ~or two lanes of vehicle traffic at all street intersections where possible and safe crossing= ~or pedestrians at intervals of not more than If any excavation is made adequat and for pedestrians. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, a passageway at least one-half of the sidewalk width shall be maintained along such sidewalk line. 6. (CloSing streets) When traffic conditions permit, the Director of Public Works may by written a proval permit the closing of streets and alleys ~all traffic for a period of time prescribed by him, if in his opinion it is necessary- such written approval may require that the permittee give notification to various public agencies and to the general public. In such cases, such written approval shall not be valid until such notice is given. ?. (Clearance for vital structures) The excavation work shall be performed and conducted so as not to interfere with access to fire hydrants, fire stations, fire escapes, water gates, underground vaults, valve housing structures, and all other vital equipment as designated by the Director of Public Works. 8. (Restoration of right-of-way) Permittees will be required to restore the public right-of- way to the grade and condition originally found, to replace gravel, paving or sealcoating, ditches, culverts, fences, signs or other improvements, unless specific authorization to the contrary is authorized in writing by the City. Failure to do so will be cause for the City to accomplish the required work, and to collect damages therefor from the contractor or his surety. In the case of unpaved road~, permittees shall place nothing but non-frost s~lsceptible material in the area to excavate and at lea~t six inches of good Type I gravel on the driving surface. He shall not contaminate the area surrounding the excavation. He shall grade the excavation and adjacent areas leaving the site in better condition then prior to the excavation. City of Kenai code provisions pertaining to street and drainage construction (Art. 2, Sec. 18-12) and any and all future ordinances of co~e revisions on this subject shall be complied with. Permittees shall place nothing but non- frost susceptible material in the area excavated. In the case of paved roads, he shall cut and not brake the pavement and not undercut it. He shall place at least six inches of Type I material and two inches of leveling coarse before placing hot asphalt paving. The applicant shall maintain a compaction density greater than 95% and to guarantee for one (1) year the area excavated against settling. Permittees shall be required to maintain a compaction density greater than 95%. Permittees shall also be required to guarantee the area excavated will not settle for a period of one year and will properly rectify at no cost to the City any area that has settled within that time. 9. (Clean up) As the excavation work progresses, all streets shall be thoroughly cleaned of all r~bbish, excess earth, rock and other debris resulting.from such work. All clean up operations at the location of such excavation shall be accom- plished at the expense of the permittee and shall be completed to the satisfaction of the Director --6-- of Public Works. From time to time, as may be ordered by the Director of Public Works and in any event immediately after completion of said work, the permittee shall, at his or its own expense, clean up and remove all refuse and unused materials of any kind resulting from said work, and upon failure to do so within twenty-four hours after having been notified to do so by the Director of Public Works, said work may be done by the Director of Public Works, and the cost thereof charged to the permittee, and the 9ermittee shall also be liable for the cost thereof under the surety bond provided hereunder. The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Whenever a gutter crosses an inter- secting street, an adequate waterway shall be provided and at all times maintained. The permittee shall make provisions to take care of all surplus water, muck, silt, slickings, or other run-off pumped from excavations or resulting from sluicing or other operations and shall be responsible for any damage resulting from its failure to so provide. 10. (Prompt completion of work) After an excavation is commenced, the permittee shall prosecute with diligence and expedition all excavation work covered by the excavation permit and shall promptly complete such work and restore the street to its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary. 11. (Urgent work) When traffic conditions, the safety or convenience of the traveling public, or the public interest require that the excavation work be peformed as emergency work, the City Manager shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee twenty-four hours a day to the end that such excavation work may be completed as soon as possible. 12. (Emergency action) Nothing in this ordinance shall be construed to prevent the making of such excavations as may be necessary for the preservation of life or property or for the lo~ation of trouble in conduit or pipe, or for making repairs, provided that the person making such excavation shall apply beforehand to the City Manager or Public Works Director for immediate clearance and to apply for such a permit on the first working day after such work is commenced. -7- 18.15.140 inspection= All water and sewer tie-ins and construction of all water and sewer connections and extensions shall be inspected by the Public Works Director or his designated representative prior to backfilling. It shall be the respon- sibility of the permittee to insure that such inspections are done. The permittee shall notify the City at least 24 hours prior to the time requested for inspection. 18.15.150 Responsibility of Property Owner: It shall be the responsfbi~ity of the property owner to ascertain and insure that work done within the public right- of-way or utility easement be done only by a competent person or firm bonded and insured as hereinabove specified, and who shall have been issued a permit by the City authorizing accomplish- ment of such work. The City will not assume liability for any work so performed, nor shall any part of this chapter be construed to alter or invalidate any easement or provision thereof. 18.15.160 Revocation, Suspension of License and/or Permit; Appeal: 1. The Director of Public Works or City Manager or his designee may revoke or suspend the permit and/or license whenever: (a) The permittee requests such revocation or suspension; (b) The work does not proceed in accordance with the plans, as approved, or is not in compliance with the requirements of this chapter, or other ordinances and the State Safety Code; (c) Entry upon the property for the p~rposes of investigation and inspection has been denied; (d) The permittee has made a misrepre- sentation of a material fact in applying for the permit; (e) The progress of the work indicates that the plan is or will be inadequate to protect the public, the adjoining property, street, utilities in the street, or the excavation or fill endangers or will endanger the public, the adjoining property, street, or utilities in the street~ (T) The permit has not been acted upon within twenty (20) days or the time allowed by extensions; -8- (g) Failure to pay City crew call out costs as billed by the City or water rate charges when applicable. Upon suspension or revocation of the permit and/or license, all work thereupon shall cease immediately, except as authorized or directed by the City Manager or his designee. Permits and/or licenses may be reissued when violations are corrected in a manner satisfactory to the City. 2. The City Manager may suspend all permits and/or licenses for excavation at times when climatic conditions dictate that in the interest of public safety or to prevent damage to public s~reets, sidewalks, or utility lines such excava- tions should be curtailed, or if he determines that the excavator cannot complete a project before the construction season ends. 3. A permittee whose permit and/or license was revoked or suspended for the reasons stated above, may appeal the decision to City Council at its next regular meeting either in writing or in person. An appeal shall not be cause to allow a permittee to operate interimly unless authorized by the City Manager or his designee. The decision of the City Council shall be final. 18.15.170 Penalty: In addition to the penalty of revocation described above in this chapter, any person or legal entity who shall violate any provision of this chapter by doing any act prohibited or declared to be unlawful thereby or who shall fail to do any act when such provision declares such failure to be unlawful, shall be guilty of an ordinance infraction; and upon conviction thereof, shall be punished by a fine not exceeding One Hundred Dollars ($100). Each day upon which any such violation continues shall constitute'a separate infraction. In addition to, or as an alternative to the penalty aforementioned, any person or legal entity violating any provision of this chapter, shall be subject to a civil penalty of not more than $100. Each and every day that such violation continues shall be deemed a separate and distinct violation. In addition, a civil injunction or temporary restraining order maybe obtained in order to obtain immediate compliance with the provisions of this chapter. -9- 18.15.180 Revocation of Existing Permits~ All existing excavation permits issued pursuant to prior Kenai Code provisions as amended are hereby revoked as of the time of the effective date of the ordinance adopting this chapter. Such prior existing permit holders shall re-apply for the license and permit required under this chapter except that the fee hereunder shall be adjusted to give oredit for fees paid under the prior permit. 18.15.190 ~aving provision~ If any provision of this chapter iS'found by a court of competent Jurisdiction to be unconstitutional or invalid, the validity of the remaining provisions shall not be affected thereby. DEI'~IITMENT OF IIE%'ENI'E ,4LCOHOLI¢ BEV£RAG£ COIW'ROL BOARD ~arch 8, 1979 Ms. Sue C. Peter City Clerk Ctty ofKenat Box 580 ,, .~., \. \ ~nat, Alaska 996]] ~.~ Dear Hs. Peter: 20I EAST 9TH, AVENUE ANCHORAGE, ALASKA 99501 The enclosed appllcaUons for renewal are for your consideration. , B_EVERAGE DISPENSARY ~/~I~4AK] ROO. M;_.Kat.mai_~o__t._e], ,nc,,; Ken. at, Spur ,oad. & Beaver. Loop; '~ R~A~L ~ dOES; Ha~ry L, ~son, dack L. ~n~tght & Elsie C~esswe]] ;Penntnsula ~& Broadly Streets; ~t]: ~x 4]3 ~nat, Alaska 99611- PENN]NSU~ O]LE~; Penninsula Ot~ers Baseball C~ub, ~nc.; Ttnke~ ~ne & If yo~' choose pro~es~ unde~ ~ ~.~0.270, you mus~ subm~ a issues ~tthtn 30 days plus ]0 days for ~easonab]e ~tlfng tt~. If ~/e do not ~etve a ~esponse, the Board wt]l assu~ you have no objection to the issuance and ~t1] take ftna] action on the appl Thank you fo~ you~ consideration. BLC:bn Records and Licensing Supervisor © DEPARTMENT O!~' IIEVENI'E ALC2OhOLIC BE~/£RAG£ CONTROL BOARD Hrs. Frances Brymer Borough Clerk Kenat Peninsula Borough Box 850 Soldotna. Alaska 99669 I / ~rch 8, 1979 201 EAST §TH. A VENUE ANCHORAGE, ALASKA 99501 Dear Hrs. Brymer: The enclosed applications for renewal are for your consideration. BEVERAGE DISPENSARY ' FIOOSE RIVER LODGE; Wtlltam R. & Kay V. Mitchell, Paul M. & Mary H. Valcho & Great State Investment Enterprises; Mile 82.5 Sterllng H~y.; Mat1: Box 1318 Soldotna, Alaska 99669 ROL-DONS BAR & LIQUORS; Rol-Oon's Inc. a Lea d. Gresham; Htle 82 Sterltng my.; Hat1: Box 88 Sterling, Alaska 99672 ITALIAN GARDENS; Michael Manolakakts & Nickolaos Asimakopoulos; Mile 12 Spur~ Road; ~t1: Box lg$8 Soldotna, Alaska 9966g .......... RETAIL ROL-OON'S BAR & LXOUORS; Roi-Den's Inc.& Lea d. Gresham; Mile 82 Sterling h~.; ~t1: Box 88 Sterling, Alaska 99672 If you choose to protest under AS 04.10.270, you must submit a statement of 1ssues within 30 days plus 10 days for reasonable mailing time. If ~e do not receive a response, the Board wt11 assume you have no objection to the issuance and will take final actton on the applications. Thank you Cory our consideration. Very truly yours, Betty L. G~lhoon Records and Licensing Supervisor BLC:bn ~--., EflCS. euat T. tstort a! ~arch 6,1979 8onorable ~ayor and ~embers of the Dear F~tends: The Eenat Historical $~clety Is concerned about the contingin~ operation o£ the EUSE~ at Fort Ee~y and · at ~ meetln~ cT 'it. Board ~f ~l~ecto~s on ~arch 5,1~,~ approved t~:~ fo!lowin~ XOTIO~ : "The president (Ro~er Eeeks) and available 2osrd Lembers are authorized to present to the Kensi City Council an invitation to neet ,at their convenience, in the iCuseum,with the ~useum Board of Directors to discuss the future plans fo~ the %useum and the present need fora Paid i!useumAttendant. " ~e feel that ou~Xenal City Council is aware of the importance and services of a ~useum in our Con,unity and we respectfully as~ y~u~ sincere consideration and acceptance of this invitation. Very sincerely, XENAX HISTORICAL ,~0~:~;~ BOARD OF ~ceetary March 13, 1979 Mayor Vince O'Reilly City of Kenai Box 580 Kenai, Alaska 99611 Dear Vince= Per our telephone conversation, our recently oppointed Communications Committee met with me to discuss the possibility of coordinating our efforts to enter into an agreement with the City of Kenai to provide dispatch service for the City of Soldotna. The Committee members have asked me to request tentative cost figures from you. I believe our efforts on this matter will lead to ex- tended cooperation between our communities and the ultimate goal of providing the best possible communi- cations system for our citizens. I would like to extend my personal thanks to you, your council members and city staff for your efforts to make this project'viable. The committee members, staff or myself are available to answer any questions that might arise. Sincerely, Thomas R. Bearup Mayor T~B/skr ®F OFFICE OF THE GOVEBNOI~ ALASKA GROWTH POLICY COUNCIL ALASKA PUBLIC FORUM Ymrch 9, 1979 t JAY $. HANiAAOND, Governor / : Phone 276-5262 Loussac-Sogn Budding 429 O Street. Suite 310 Anchorage, Alaska 99501 The Honorable Vincent O'Reilly Nayor, City of Kenai P. O. Box 580 ~enai, Alaska 99661 Dear ~r. O'Reilly: The subject of this letter is offshore oil and gas develop;ent around Alaska. Both the federal and state §overmnents are planning to sell offshore oil exploration leases. But, before this takes place they rant to know vhat concerns you have about it. On I/arch 5, the Secretary of the Interior proposed that six new sites on the outer continental shelf of Alaska should be made available for leasing within the next few years. How do the people who live near those sites feel about it? ~hat will it do to your town or village? How do you handle the changes it may bring? The offshore area is controlled by both the state and federal governments. The state has Jurisdiction from mean high tide out to three miles. The fsderal area is called the outer continental she1[ (OCS). The outer continental shelf is defined as the sea-bed ~hich extends from three miles out to ~here the shelf drops off sharply to the bottom of the 0~o Both the federal and state govermnents have the authority to hold oil and gas lease sales offshore. ~tat this really means is that oil companies buy the tight to explore for oil and gas on the ocean floor. If they £ind any oil or sas, they also have the right to develop and market the ;~8ources, Before the federal govermnent can hold a lease sale it ~ust take five 'steps which will take at least two and one-half years to complete. lo The first step is to ask the oil companies ~hat part of a lease area they are interested in exploring. At the same time the public is asked to make comments about concerns they have about the lease area. This first step is referred to as "call for nominations." II. The second step is to start a study which is done by the U. S. OeoloEical Survey. The purpose of this study is to estimate the volume and location of oil and gas within the lease area. -2- III. The third step is another study vhich is conducted by the Bureau of Land ~anagement, OCS Office. The purpose of this study is to look at the physical and human enviro~ent in and around the lease area. This way they get a picture of ~ho and what lives there. This includes man, fish, marine mammals, etc. IV. The fourth step is the production of an 2nvironmental Impact State- ment (EIS) ~nich is based on the previous studies. The ElS is designed to identify any i~pacts that may result fro~ a lease-sale in the area. ¥. The fifth step is official public hearings on the enviromnental impact statement. The public hearing must be held in the area directly affected by the proposed lease sale. It is not until all these steps are completed that the Secretary of the Interior will ~ake his decision about which portion, if any, of the lease area vi11 be offered for sale. At this ti~e we are at the vetZ beginning of the process, that is, the setting of the schedule. The new sites proposed by interior are open for discussion and comment. ge are ~rriting to you because your community is close to one qf the areas proposed for offshore oil exploration. Ye would like~tto know boy ~ou and your cityc~~--~b~ut this pot~ntial federal action. '~hete are ~vo ~~ you to te-~Tt-~.~-~i-~'~th~d is a ~nique experiment in state~ide communication and is called a "TV To~m ~eeting of the Air." On Tuesday~ ltarch 27, the Alaska Public Forum, which is the state's citizen p'~T~icipatio~-progra~, viii sponsor a TV and radio call-in program. Any individual ~ay call a toll free number to express concerns or ask questions about the offshore oil schedule. Governor ~am~ond, representatives [ro~ the Depar~ent of Interior and state legislators ~-111 be standing by to take the calls and respond to the questions. The exchange viii be covered by public ~elevision and radio ~hroughout the state over the public stations. Thus, all co2~unities ~111. be able to hear how other to~ns and villages have responded. The sho~vlll be aired fro~ 9-11 p.m. in Southeast; fro~-~ South~ c~.~ and fro~ 6-8 p.m. in Northwest Alaska. Thus, .we encourage you and your council to tune into the "Toum }~ettng of the Air" and to prepare a statement or questions vhich reflect the concerns of your commn~ty · · The second way to co~umicate your concerns is to urrtte the~ out and send them to "Offshore Oil, Division of Policy Development and Planning, Pouch AD, ~uneau, Alaska 99811." Our staff will co~pile all urritten responses. If they are received before the Torn .~teeting, they viii ~ost likely be s~narized during the show. The deedline for receipt of witten responses is~r£h 30_, s~ we can incorporate them into the official state ~esponse to the schedule. J~ I .... il ...... ' - IIII i -3- There are several issues to think about vhen a co~munity considers the affects of offshore oil and gas exploration. In an effort to provide some background information, the Public Forum rill air a TV sho~ entitled "Yakutat' on Tuesday, Rarch 20. "¥akutat" tells the story of ~hat happened to and around Yakutat during the four years of oil activity in the Gulf of Alaska. If your community receives public TV or has satel- lite transmission, the sho~ ~11 appear in your area at 9 p.m. (8 p.m. North~est) on Tuesday, }~rch 20-. If you have a "mini" TV station, 'Yakutat' ~rlll be aired sometime during the ~eek of I/arch 19. We have enclosed tvo maps. The first shows ne~ proposed areas and the dates of the proposed sales. The second map sho~s the areas ~hich have already been sold as ~ell as the one area for which there is a firm c~mitment. The asterisk on the maps means that the State of Alaska is also planning lease sales in the area at about the same thne. Please review the maps and discuss the proposed schedule with your council. We' encourage you to send us your co~ments, to watch "Yakutat,' and to participate in the 'To~n }ieeting of the Air." If you have any questions, feel free to drop us a line. I~ank you for your interest. l/nclosures $incerel y, Jane Angvtk, Director Alaska Public Fortm SUI~SAI~¥ OF OCS COI~LET~D SALES April 1976 - Gulf of Alaska November 1977 - Cook Inlet CURRCST COI~IIT~TS December 1979 - Beaufort Sea Vropose~ State Lease Sale Ng~?ROPOSED October 1980 - Gulf of Alaska 1. December 1980 - Kod/ak 1. September 1981 - Cook Inlet 1. November 1982 - Norton Basin February 1983 - Beaufort Sea April 198& - Cook Inlet December 198& - Chukchi (altetmate)* January 1985 - Navazin Basin February 1985 - Bt. ~eorge Basin (alternate)* X X X (alternate - "These areas are included so that planninsmay be co~nenced. Subsequent events such as the deletion of another proposed sale £rom the schedule rill determine vhether these sales will be held as indicated, deleted or postponed until after February 1985.") Department of the Interior. The process of satherin$ information, includin$ the call for nominations, has already besun in the base area. ~0e PROPOSED OFFSHOREjOIL AND GA~ SITES'· ~g81% KODIAK lgSO I 1180 .1 .© .DRAFT Jane Angvik, Director Alaska Growth Policy Council 429 D Street Suite 310 Anchorage~ Alaska 99501 RE OFFSHO~ OIL AND GAS DEVELOP~EN~. Dear Ms Angvik The C¢.=~ci! cf the City of Kenai has reviewed the material Presented in your letter of March 9, 1979i oarticularlv ~egarding the Cook Inlet OCS sale of September 1981, - lqe are in favor of the sale and! furtheri would recommend all steps necessary to accelerate and simplify procedures for the bidding be implemented~ We recommend th~s for the following reasons: 1) The Kenai area has experienced petroleum impact! is pre~,ere6 tc cope with-any difficulties,of future petroleum activities and the residents/ bY survey~ have recommended further developments 2} The proposed activity can be conducted! based upon past experience, without ~dverse effect on fishery activities, 3) There is a need for further identification and development of petroleum resources to combine with present rescmrce prcces~ing and thereby improve the area~s econo~/c base~ We appreciate the opportunity to express our views~ Sincerely Vincent O~Reilly Mayor 1 i APPROVAL LiShti~ Co. Distribution Supply Klectric ;tats of Alaska of Ken~t-EDA Fund U.S. Post Office Glacier State The follovin8 lte~s ara over $500.00 whicl ~ed Council approval or ratification PROJECT/D~?.T .................. A/C CHARGE 3-21-79 1,314.20 Taxi,ay llshte Airport H&0 1,810.18 liisc. Suppliea Shop 1,193.18 Repair Airport 6,418.78 Feb. Electricity Varioua Depte. 896.27 Repair Council on ABin8 ~laintenance ~ncr~ Dept. of ~ve~e T~e~i~er Jail 1~202.01 Feb. ~n~al Vario~ Dep~s. 1, 0~. 00 ~ae · 2,933.00 No:aty Bonds Non ~part~n:~ Jail Addi~io~l Pr. ~ Non Feb. Mor~en*s C~p. Var~ Ba~eries for Portable ~ra~r ~rpott H~ 902.00 P,O* 8,181.56 Feb. ~ed. 14,776.56 Trans£er of F~s C~tral Tr~s~ Tra~fer of F~ds ~0.~ Pos~se Various Depts. ~cati~ 1~465.78 Feb. TeXephone Vatio~ ~pte. ~catio~ 16,~0.66 Feb, ~tir~at Vario~ Dept, htir~t ~3.65 1969 Mater ~ ~bt Se~ice lnter~t & ~t8 Fee ~970 O.O. ~ ~bt Se~ce ~ent Fee 130,0~.00 ~3/19/79 ~tra~ ~eu~ ~tr~ 225,~,~ ~3/20/79 ~tral~ 8;15~.58 la,776,55 800.00 1,465.78 16,110.66 500.45 163.20 130,000.00 225,000.00 Repair & ~taint. Sup. 1,344.20 01341 Operating Supplies 1,810.18 01186 Repair & 14aintenance 1,193.18 01553 Utilities 6,418.78 Repair & Haintenance 51.25 01571 Repair & llaintenance 35.02 01463 ~achinety & Equipment 810.00 01343 Prlntin8 & Binding 1,202.01 00121t13067, 00122 Rental 1,030.00 Insurance 80.00 01332,01350~i Insurance 40.00 01352 Insurance 71.00 Worknes's Conp. 2,742.00 Repair & l~ai~t. Sup. 902.00 01552 IlF.~UISlTIONS TO BE APPEOV~D (OVER $500.00) 3/21/79 VENDOR DESCRIPTION DEPARTHENT Inlet Instruments Radio Airport I~0 ACCOUNT _ Naeh. & gq. 940.00 CITY OF KENAI ORDINANCE NO 482-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ~MENDING THE PERSONNEL REGULATIONS AS SET FORTH IN ORDINANCE NUMBER 336-77. }~{EREAS, the personnel regulation concerning holiday pay for dispatchers contains a mathmatioal error, and WHEREAS, this error should be corrected effective January 1, 1979~ so that an overpayment of holiday pay will not be made for calendar year 1979. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: SECTION I Article VIII, Section B of the personnel regulations, Ordinance Number 336-7~ be amended to delete from the third paragraph the following line: SECTION II "Dispatchers (42 hour week) 9.6 hours pay per holiday" and add to the third paragraph the following line: "Dispatchers (42 hours week) 8.4 hours pay per holiday" ThisameWd~,nt sh~Ii'.b~%eff~ctlve beginning January 1, 1979. PASSED BY T~E COUNCIL OF THE CITY OF KENAI, ALAS¥~ this 4th day of April 1979. Attest: Sue C Peter, City Clerk F~.nanoe VINCENT O'REILLY, MAYOR First Reading: Second Reading: Effective Date: ~arch 21, 1979 April 4, 1979 May 4! 1979..~-' CITY OF ggNAI ORDINANCE NO 483-79 -'~N ORDINANCE OF THE COUNCIL OF THE CITY OF KENA~ ALASKA ESTABLISHING A SPECIAL 'VENUE FUND ENTITLED "SENZOR h'~IPLOY~IENT PROGRAM" AND INCREASING ESTI~ATED aEVENUES AND APPROPRIATIONS IN SUCH FUND BY $2,186. I~HEREAS, the State of Alaska has issued the City of Kenai a Notification of Crant Award in the amount of $2,186 for the purpose of employing an outreach worker, and ~ERBAS, it should be beneficial to the senior citizens of the City of Kenai to employ an outreach worker, and IqltERFAS, proper accounting practices required that all appropriations of City monies be made by ordinance, NO~, THEP. KFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT Section I: A special revenue fund entitled "Senior Employment Program" be established. Section II: The follo~ing increases in estimated revenues and avproprfattons in the special revenue fund entitled "Senior F~nployment Program" be~ade: Increase Estimated Revenues State Office on Aging Grant ._.$2~186 Increase Appropriations - Salaries and Wages $1,940 FICA 119 Employment Security 52 ~ork~en's Compensation Insurance 10 Professional Services _ 65 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 4th day of April 1979. Attest: Sue C Peter, City Clerk n ance VINCENT O'REILLY, MAYOR FIRST READING: March 21, 1979 SECOND READING: April 4, 1979 EFFECTIVE DATE= Hay 4, 1979 CITY OF KENAI RESOLUTION NO 79-26 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF ~ONIES BE MADE IN THE 1978-79 GENERAL FUND BUDGET. From Police - Professional Services ($3O0) To Police - Communications $300 This transfer is needed to provide additional funds for communications due to increased in-state long-distance toll charges and increased utilization due to jail contract negotiations and FBI laboratory use. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 21st day of March 1979. Attest: VINCENT O'REILLY, ~AYOR Peter, City Cl~k Finance_~____ CITY OF KENAI RESOLUTION NO 79-27 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA T~AT THE FOLLOT'?ING TRANSFER OF MONIES BE MADE IN THE 1978-79 AIRPORT TERMINAL FUND BUDGET. Repair and Maintenance Sup.niles ($325) From To Repair and Maintenance $325 This transfer is needed to provide f~nding for repair of the boiler and heater in the Airport Terminal Building. PASSED BY THE COUNCIL OF HTE CITY OF KENAI, ALASKA THIS 21st day of March 1979. VINCENT O"REILLY, ~AYOR Attest: Sue C Pete~, Ci'ty Clerk Finance 66~ ......... - --I~ TII CITY OF KENAI RESOLUTION NO ?9-28 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI~ ALASKA REQUESTING THE RELEASE BY THE FAA OF CERTAIN AIRPORT LANDS. 9~EREAS~ the City of Kenai received a quitclaim deed from the United States of'America on December 1, 1963 for the Kenai Airport which contains! among other property, a parcel of land described on the attached Exhibit At and W~EREAS~' the City wishes to lease or sell this land for commercial develoDment~ and ~EREAS~ the City can by leasing or selling this land, encourage development which will contribute revenue to the airport, and WHEREAS~' the proceeds of the lease or sale of such land are required to be devoted exclusively to the development, improvement, operation or maintenance of the Kenai Airport~ and ,~EREAS, the Federal Aviation Administration of the United States of America can through "DEED OF RELEASE" release the City of Kenai from certain restrictions of the above-named Quitclaim Deed, and WHEREAS, as a condition of the release~ the Federal Aviation Administration will require that the instrument of conveyance include the following conditions~ A There i9 hereby reserved to the City of Kenai, its successors and assigns~ for t~e use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from or operating on the Kenai Air~..ort. B The Grantee bY accepting this conveyance expressly agrees for itself, successors, and assigns that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on the"land conveyed hereunder which would be an airport obstruction. In the event the aforesaid covenant is breached, the City of Kenai reserves the right to enter on the land conveyed hereunder, and to remove the offending structure or object and to cut the offending tree, all of which shall be at the expense of the grantee. Page Two C The Grante~ by accepting this conveyance, expressly agrees for itself, successors and assigns that it will not make use of said Droperty in any manner which might interfere with the landing and taking off"of aircraft from said Kenai Airport or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached, the City of Kenai reserves the right to enter on the land conveyed hereunder and cause the abatement of such interference at the expense of the Grantee. NOW, T~EREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI ALASKA that: ' 1 The City ~anager be and hereby is authorized to submit a request to the Federal Aviation Administration for a deterr~ination as required under Subparagraph (6) of the said Quitclaim Deed and further reeuest a release from the terms, conditions~ reservations and ~estrictions for the tract of land described in Exhibit A which is attached hereto and incorporated herein by reference. 2 The City Manager be and hereby is directed to furnish all information required by the Federal Aviation Administration to support the request. 3 Instruments of conveya~,ce shall contain the specific conditions described as "A," "B" and "C" above. 4 Any revenues received from conveyance of sale or lease of lots in the tract of land described in Exhibit "A" shall be dedi~ated for the development~ improvement, operation or maintenance of the Kenai Airport.- PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of May 1979. · ATTEST: VINC~.'NT 0 ' REILLY, ~ue C 'Peter'S' 'City clerk CITY OF KENAI RESOLUTION NO ?9-29 ~ IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE %LLOWING TRANSFER OF MONIES BE ~tADE IN THE 1978-79 GENERAL FUND BUDGET. FROM TO Contingency ($300) City Manager - Office Supplies $300 Thistransfer is needed to provide funds for the City Manager to purchase a magnetic personnel chart with related supplies. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of March 1979. Attest VINCBNT O'REILLY, ?~%YOR CITY OF KENAI RESOLUTION NO. 79-30 I I I I I A RESOLUTION BY THE COUNCIL OF TIlE CITY OF KENAI REJECTING ALL BIDS FOR THE CONTRACT WINTERIZATION OF AND RENOVATIONS TO TIlE KENAI AIRPORT TERNINAL BUILDING EDA PROJECT NO. 07-11-02039.60. WHEREAS, the following bids were received for the above mentioned project: BIDDER DED. #1 DED.#2 ADD#1 ADD#2 ADD#3 BASE BID S.J. Skerritt $4,730 $2,840 $ 900 $1,675 $1,884 $121,786 Const. Co. Goertz Const. $4,300 $1,000 $1,000 $1,000 $5,000 $169,047 Company Cordova $4,300 $ 800 $ 900 $1,950 $5,234 $100,000 Const. Co. and, WHEREAS, the alternates are described by the attachment which is made part o£ this Resolution, and I/HERFAS, the present construction budget is $51,280, and $fltEREAS, this Resolution and the Award of Contract is subject to EDA approval, and 'I/HERFAS, all bids were considerably higher than the amount budgeted for the project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI that all bids £or Winterization of and Renovations to the Kenai Airport Terminal Building EDA Project No. 07-11-02059.60 be rejected, the size o~ the project be reduced, and the revised project be rebid. PASSED BY THE COUNCIL OF THE CITY OF KENAI, this 21st day of Narch, 1979. ATTEST: Vincenk'O"'heiliy,'Mayor Sue C'.' Pete¥,"gity 'clerk~' £DA PROJECT NO. 07-11-02039.60 Division 1 ~ CAP~I~ VINCENT Glli?OLI, ARCilITECT General Requirements 12,00 ITEItlZATIO~ OF ALTIiRN&TIL~ 2.01 Description A. DeductiveAIternaces: Removal of approxima~ely 160 $. F. of existing curtain wall and replace with new curtain wall as specified· No, 2 Re~oval. and replacement of approximately 870 S. F. of floo~ til~, Additive Alternates: ~eglaze two sets of aluminum framed glass doors at East entrance of Airport Terminal }fain Lobby doors with polycarbonate glazing, and adjust and align doors. NO. 2 Install indoor/outdoor carpeting in rooms l, 2, and 3, to include the preparation of ne~ and existing £1oor slabs to recieve same, Remove approximately 330 S. F. of existing roofing and insulation and replace in accordance with d~swtngs and spec/f/cations. END OF SECTIOII 01100 RESOLUT A RESOLUTION OF THE COUNCIL OF THE CITY OI~:)~I~[ASKA AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE U S .DEPARTMENT OF COMMERCE, BUREAU OF THE CENSUS FOR THE COMPLETION OF A CENSUS OF THE CITY OF KENAI, AND TRANSFERRING MONIES IN THE 1978-79 GENERAL FUND BUDGET. WHEREAS, the City of Kenai has received a population count of 4,371 as of July 31, lg78 by the Bureau of the Census, and WHEREAS, the Council of the City of Kenat feels that this fugure does not fairly state the population of the City of Kenai, and WHEREAS, the Council deems that it is in the best interest of the City of Kenai to have a new census conducted as soon as possible, and WHEREAS, the Bureau of the Census has offered to conduct a census of the City of Kenai at an estimated cost of $5,680 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI', that: SECTION I: The City Manager be authorized to execute a contract with the US .. : Department of Com~nerce, Bureau of the Census for the completion of a census for the City of Kenai at an estimated cost of $5,680. The following transfer of monies be made to provide funding for such a census: '-aEcTION I I: From General Fund Contingency ($5,680) To General Fund, NonLdepartmental Professional ~)rvices $5,680 SECTION III.:. An advance payment of $3,900 to the Bureau of the Census be authorized, ~- per instruction from the Bureau of the Census. P/LSSEO BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of March 1979, Attest: SUe'C Peter, City'Clerk -- VI)I'~'ENT o'REILLY; MAYOR .& ................. ' ........ ~ hereinafter referred to ,/' TED FO.'".;:I'_k.AC~$~--C.t.~%T~- ...... "- ~-~--~-}~,h~:CTO.~.~" P;O~¢.by enters lntO-the following contraot with the CITY OF KENAI, a first-class homo rule municipality, hereinafter referred to as "CITY." I. SERVICES RENDERED: INSPECTOR agrees to perform the project coordination and inspection services for the following projects for the consideration, as ~t forth in paragraph III belo~? .... "'~ ..... 1. Kenai Spur-Beaver Loop to Dogwood Water: EDA Project No. 07-51-20074 2. Fifth Avenue Water: EDA Project No. 07-51-20074 SERVICES DEFINED: Project Coordination and inspection services as agreed to be performed by INSPECTOR is defined to include the requirements of project coordination and inspection, as contemplated within the document en- titled, "Engineering and construction guidelines for the Local Public Works Capital Development and Investment ~rogram# U.S. Department of Commerce/Economic Development Administration, Second Edition, June, 1977. In addition, project coordination and inspection shall require the INSPECTOR to perform the following services: 1. Provide surveillance of project construction to assure compliance with plans, specifications, and all other contract documents. 2. Supervise any required subsurface ekplorations to determine amounts of excavation or foundation conditions such as borings, soil tests, and the like. 3. Review and approve proposed, contract ch~ngo orders when applicable. 4. Submit a m°nthly report to the CITY covering the 9eneral progress of the job and describing any problems or. factors contributing to delay. 5. Review and approve the contractor's schedule of amounts for contract payment. · ~, Review ~nd disprove partial, paymcl~ts to contractors. 7. Work with contractor in the preparation of an "as- built" drawing after the completion of project. 8. Perform a final inspection and advise the CITY whether or not to accept the work as performed by the contractor and his subcontractors. Provide punch lists for every unfinished work with recom- mendation as to acceptance. 9. Act as l~ason between the CITY and the Contractor. 10. Present daily reports to the CITY to be hand delivered to the City Public Works Director each and every day that wot}: progresses giving for each project the amount of time inspectors worked on each project, the men and equipment used on each project and the principal items of work completed on each project. Daily reports shall include a statement as to how the project is progressing in ~ght of tho specifications and Design Engineer's estimations as it relates to estimated quantities, soil guality and the like. Additionally, such daily reports shall contain a complete documentation (including cause, time and location) of any. specific 4irections given to the contractor relating to · £~lfilling his (the contractor.'s) obligations . p~rsuant to the specifications. 11. ~~h9 .contractor~~i~--'~o. m~et. ~he -~lca~on requireme~§-'o~--t~e ]oD slpe, and to order the contractor to immediately correct any ~eviations from specifications or to close the . project down unless otherwise directed by the CITY. ¥~ere the INSPECTOR has exercised his · a~thority to order the contractor to take corrective measures to comply with what he (the INSPECTOR) has determined to be a deviation from the specifications, or where the INSPECTOR has ordered a project shut ~own, the INSPECTOR shall hold the CITY harmless a,d bear all costs, damages and liabilities resulting to a contractor for'any corrective order or shut · do~m that is shown to be unwarranted'for the · , reason that no deviation from the specifications, ~n fact, occurred. 12. Report to the CITY proges~ made toward meeting the minority business enterprise requirement. 13. 14. Assist the CITY in preparing quarterly status reports as required by EDA. Monitor and review ~he payrolls for each contractor and sub-contractor, forwarding the same to the CITY. 15. Check with contractor to determine that it has contacted local utility companies (including gas, electric and telephone) before any excavation or ground breaking is permitted on any project and include a statement to that effect in its daily report. 16. Advise the CITY and Contractor in writing of any violations of requirements of the Occupational Safety Hazards Act (OSHA) and that all other governmental regulations are complied with and otherwise advise the CITY that the safety of the public and men working on the projects concerned are otherwise protected. Report by telephonic notification any imminent danger that is detected so that the CITY may take immediate corrective action. 17. Review the final pay estimate and approval or disapproval of the same. 18. Arrange in conducting prebid conference. 19. Provide final inspection. IIZ. CONSIDERATION: (1) NOT TO EXCEED FIGURE FOR EACH PROJECT - The CITY agrees to pay to the INSPECTOR a fee according to the rate schedule set forth in subparagraph (2) (A)(B)(CI and (D) below BUT IN NO EVENT to exceed the amounts for each project as follows:. EDA ~07-51-20074: Kenai Spur-Beaver Loop to Do~wood Water not to exceed $9,000.00. 2. EDA ~07-51-20074: Fifth Aven~e Water not to exceed ~.~ S4,000.00.. -3- The rates and charges for services shall be~ Engineer, Grade I / .0 'Engineer, Grade II. * | 45.00 Engineer, Grade III ~ Senior Inspector ~ 35.00 erinq Technician %35.00 Engine _ %28.00 DraZtsman Typist (Report and Spe¢ificatton~_~)16.00 only) SURVEYING STRAIGHT TIME_ 4-Man Party ! 140.00 3-Man Party ~ 100.00 2-Man Party ~ 65.00 Crow Chief Alone Electronic Distance Measuring /nstruments and Programmable Calculators OVERTIME DOUBLE TIME 170.00 200.00 135.00 160.00 85.00 100.00 / ~TMBURSABLE EXPENSES ~.~%~%bile travel from office to project site &~$0_~25~r mile for both ways. ii.~cctu~l cost of subsistence and lodging. iii. Actual cost of long-distance telephone calls. iv. Actual cost of print and reproductions. v. Actual cost of laboratory and field testing services. vi. Actual cost of commero~a'l transportation and freight. wii. Actual cost of survey stakes. To the totals of the costs of items i through vii above, an amount of 10% shall be added for overhead expense. -4- Certain third party expenses incurred by the INSPECTOR such as surveying, soil testing, soil compactions, concrete tests and the like shall upon prior approeal by the CITY's Public Works Director be subcontracted for by the INSPECTOR at a cost which is the product of their customary rates by the actual hours devoted to the job. All such work shall be performed by licensed surveyors and registered testing laboratories at rates which are substantially in line with or lower than the average rate charged generally for such services in the commercial world. The INSPECTOR shall invoice the CITY for al-~-~uch third party costs at actual costs plus =;'10 _.~ %. Since the CITY'S total budget limitation for ~nspection cannot exceed those limits as set forth in (1) above, it is clearly understood between the parties that the INSPECTOR will receive as consideration for his services on each individual project those rates and charges as enumerated in subparagraph (2)(A)(B)(C) and (D) alive but in no event shall the CITY be obligated to pay more than the not-to- exceed figures for each individual respective ~ndividual project as indicated in subparagraph (1) above. 13) Billing Method: The INSPECTOR shall bill the CITY monthly setting forth the services the INSPECTOR has provided per the rates and charges chart in paragraph 4 above broken down for each project. The INSPECTOR shall present his bill at a time (preferably before the 2nd Wednesday of each month) to allow the City Council of the CITY-to ~¢t upon said bill. INSPECTOR shall supply with said bilL, copies of all time sheets and any other records available indicating the man- hours spent on each project. INCEPTION OF SERVICES: INSPECTOR will begin to perform k~s set%ices.pursuant to this contract on the date of the skgning hereof by'both parties. COMPLETION OF SERVICES: The obligation of the INSPECTOR tO ?rovide services under this contr~r the above pro3ects will end on their respectiveAcompletion dates but not until after final punch lists or final reports as required are submitted for each project, or t~til the CITY, at its option, elects to terminate the contract upon thirty (30) days notice after paying the INSPECTOR in full for all of its just rates, charges, expenses (not exceeding the not-to-exceed figure) rendered up to the d~rmination. Should any project extend more tha~"~ workin~ays b~yond its projected completion date then~h-~--l~PECTOR may be released from his obligations hereunder after presenting to the CITY all records as set forth in paragraph VI so that the CITY may complete the inspection project in-house. In no event shall the INSPECTOR be compensated beyond as agreed t~~contract should he elect to continue beyond th~-q~woiVkin~g.~ay limit. VI. OWNERSHIP OF RECORDS: All papers, documents, records, reports, field notes and other written memoranda of any kind relative to the work performed under this contract are the property of the CITY, and shall be delivered to the CITY upon the completion of the project. The INSPECTOR maymaintain copies of such records. VII. JUDICIAL FORUM: Any unresolvable disputes between the parties to the conditions and terms of this contract shall be resolved through Judicial proceeds in the Superior Court, Third Judicial District, at Kenai. aused to be executed by their duly authorized officials, Agreement in duplicate on the respective dates indicated ) ~ owNER: CITY OF KENAI ATTEST: Type Name By: John E. Wise Title: City Manager Date: INSPECTOR -6- PROJECT COORDINATION AND INSPECTION SERVICES CONT~b%CT ALASKA ENGINEERING CONSULTANTS, WINCE CORTHELL BRYSON FREAS ~r~nafter referred to "~-~~~¢~:OR'L hereby enters into ~he following contract with the CITY OF KENAI, a first-class home rule municipality, hereinafter referred to as "CITY." I. SERVICES RENDEP~D: INSPECTOR agrees to perform the project coordination and inspection services for the following projects for the consideration as set forth in paragraph III below: / 1) Mo~ifications-to Well House 101, EDA 07-51-20'07~ ~ 2) Modifications to Sewage Pumping Stations 1979: i EDA Project No. 07-51-26766 / ~ 3) Airport Way Water: 78-W1 Airport Way-Willow-Street Sewer: 78-Sl RVICES-DEFTNED% .... P~6]eCt Coord~na~iOn"and- inspection services as agreed to be performed by INSPECTOR is (~efined to include the requiremeAts of project coordination and inspection, as contemplated within the document en- titled, "Engineering and construction guidelines for the Local Public Works Capital Development and Investment Program" U.S. Department of Commerce/Economic Development Administration, Second Edition, June, 1977. In addition, project coordination and inspection shall require the INSPECTOR to perform the following services= 1. Provide surveillance of project construction to assure compliance with plans, specifications, and all other contract documents. 2. Supervise any required subsurface ekplorations to (~etermine amounts of excavation or foundation conditions such as borings, soil tests, and the l~ke. Review and approve proposed contract change orders when applicable. 4. Submit a ~onthly report to the CITY covering the general progress of the job and describing any problems or factors contributing to delay. 5. Review an4 approve the contractor's schedule of amounts for contract payment. 6. Review and ap~rove partial payments to contractors. 7. Work with contractor in the preparation of an built" drawing after the completion of project. 8. Perform a final inspection and advise the CITY whether or not to accept the work as performed by the contractor and his subcontractors. Provide punch lists for every unfinished work with recom- mendation as to acceptance. 9. Act as liason between the CITY and the Contractor. 10. Present daily reports to the CITY to be hand 4elivered to the City Public Works Director each and every day that work progresses giving for each project the amount of time inspectors worked on each project, the men and equipment used on each project and the principal items of work completed on each project. Daily reports shall include a statement as to how the project is progressing in light of the specifications and Design Engineer's estimat~ons as it relates to estimated quantities, soil quality and the like. Additionally, such 4ally reports shall contain a complete documentation (~ncluding cause, time and locatlon) of any. specific ~irections given to the contractor relating to f~lfilling his (the contractor's) obligations pursuant to the specificatio~s. 11. r~i~t-~he contracto~i--~-~ o. m~et. ~he ~--s~eation requir~men~m~'t~e 3oD s~e, and to order the contractor to immediately correct any 4eviations from specifications or to close the project down unless otherwise directed by the CITY. ¥~ere the INSPECTOR has exercised his authority to order the contractor to take corrective measures to comply with what he (the INSPECTOR) has ~etermtned to be a deviation from the specifications, or where the INSPECTOR has ordered a project shut ~own, the INSPECTOR shall hold the CITY harmless aha hear all costs, damages and liabilities resulting to a contractor fei any corrective order or shut do~m that is shown to be unwarranted'for the reason that no deviation from the specifications, ~n fact, occurred. 12. Report to the CITY progoss made toward minority business enterprise requirement. 13. 14. Assist the CITY in preparing quarterly status reports as required by EDA. Monitor and review th~ payrolls for each contractor and sub-contractor, forwarding the same to the CITY. 15. 16. 17. Check with contractor to determine that it has contacted local utility companies (including gas, electric and telephone) before any excavation or ground breaking is permitted on any project and include a statement to that effect in its daily report. Advise the CITY and Contractor in writing of any violations of requirements of the Occupational Safety Hazards Act (OSBA) and that all other governmental regulations are complied with and otherwise advise the CITY that the safety of the public and men working on the projects concerned are otherwise protected. Report by telephonic ~otification any imminc-t danger that is detected so that the CITY may take immediate corrective action. Review the final pay estimate and approval or disapproval of the same. 18. Arrange in conducting prebid conference. 19. Provide final inspection. ZII. CONSIDERATION: (1) NOT TO EXCEED FIGURE FOR EACH PROJECT - The CITY agrees to pay to the INSPECTOR a fee according to the rate schedule set forth in subparagraph (2) (A)(B)(C) and (D) below BUT IN NO EVENT to exceed the amounts for each project as follows:. 1. EDA %07-51-20074: to Well House not Modifications 101 to exceed $9,000.00. 2. EDA %07-51-26966: Modifications to Sewage Pumping .. Station 1979 not to exceed $3,200.00. 3. Airport Way Water: 78-W1 not to-exceed $15,000.00. 4. Airport Way Street: 78-R1 not to exceed $12,500.00 (earthwork) $6,000.00 (paving) LS. Airport way/WilL.ow Sewer_78-S1 not to ex.coed $18,000.00. -3- The rates and charges for services shall be.' A. ENGINEERING RATE PER HOUR Engineering Technician Draftsman Typist (Report and Specifications SURVEYING Engineer, Grade I Enqineer, Grade II Engineer, Grade III Senior Inspector 4-Man Party 3-Man Party 2-Man Party · ' 40.00 35.00 ~ 30.00 35.00 27.00 16.00 16.00 Crew Chief Alone Electronic Distance Measuring Instruments and Programmable Calculators REIMBURSABLE EXPENSES 110. O0 86.00 OO 33.00 9.00 ~__~ile travel from office to project site ~t'0.~9~_~r mile for both ways. k~r-actu~l cost of subsistence and lodging. iii. Actual cost of long-distance telephone calls. iv. Actual cost of print and reproductions. v. Actual cost of laboratory and field testing services. Vi. Actual cost of commercial transportation and ~reight. vii. Actual cost of survey stakes. To the totals of the costs of items i through vii above, an amount of 10% shall be added for overhead expense. -4- Certain third party expenses incurred by the INSPECTOR such as surveying, soil testing, soil compactions, concrete tests and the like shall upon prior approval by the CITY's Public Works Director be subcontracted for by the INSPECTOR at a cost which is the product of their customary rates by the actual hours devoted to the job. Ail such work shall be performed by licensed surveyors and registered testing laboratories at rates which are substantially in line with or lower than the average rate charged generally for such services in the commercial world. The INSPECTOR shall invoice the CITY for ~11~ch third party costs at actual costs plus o?' 10~%. Since the CITY'S total budget limitation for inspection cannot exceed those limits as set forth in (1) above, it is clearly understood between the parties that the INSPECTOR will receive as consideration for his services on each individual project those rates and charges as enumerated in subparagraph (2) (A)(B)(C) and (D) above but in no event shall the CITY be obligated to pay more than the not-to- exceed figures ~or each individual respective individual project as indicated in subparagraph (1) above. &3) Billing Method: The INSPECTOR shall bill the CITY monthly setting forth the services the INSPECTOR has provided per the rates and charges chart in paragraph 4 above broken do%~n for each project. The INSPECTOR sha%l present his bill at a time (preferably before the 2nd Wednesday of each month) to allow the City Council of the CITY'to sot upon said bill. INSPECTOR shall supply with said bilL, copies of all time sheets and any other records available indicating the man- ho~rs spent on each project. INCEPTION OF SERVICES: INSPECTOR will begin to perform ~ts s~r~ices.pursuant.to this contract on the date of the signing hereof by both parties. CO}~LETION OF SERVICES: The obligation of the iNSPECTOR to provid& services under this contr~ the above -projects will end on their respectiv~{~om~letion ' ~ates but not until after final punch-lists or final reports as required are submitted for each project, or until the CITY, at its option, elects to terminate the -5- contract upon thirty (30) days notice after paying the INSPECTOR in full for all of its just rates, charges, expenses (not exceeding the not-to-exceed figure) rendered up to the-~e~e--Q~termination. Should any project extend more tha~-T~orkih-~_.~s beyond its projected completion date then-~TORmay be released from his obligations hereunder after presenting to the CITY all records as set forth in paragraph VI so that the CITY may complete the inspection project in-house. In no event shall the INSPECTOR be compensated beyond as agreed ~o~s contract should he elect to continue beyond ~-worki_.n~_.~.. day limit. VI. OWNERSHIP OF RECORDS: All papers, documents, records, reports, field notes and other written memoranda of any kind relative to the work performed under this contract are the property of the CITY, and shall be delivered to the CITY upon the completion of the project. The INSPECTOR may maintain copies of such records. VII. JUDICIAL FORUM~ Any unresolvable disputes between the ~arties to the conditions and terms of this contract shall be resolved through Judicial proceeds in the Superior Court, Third Judicial District, at ~,'"''--~WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, ~oAw.greement in duplicate on the respectiv, dates indicatedJ ATTEST~ ~ - John E. Wise Title: City Manager Type Name: ~ Date: Title: .... INSPECTOR Type Name Title: -6- CITY OF ICENAI RESOLUTIO~T NO. ?9~32 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI AUTHORIZING PAYMENT TO HOMER ELECTRIC ASSOCIATION FOR INSTALLATION OF CONDUIT IN THE TERMINAL AREA (RE: LPW PROJECT 07-51-26997) WHEREAS, as a matter of good practice, Homer gleotrto Association installed conduit to carry underground power transmission cable in the a~ea recently paved at the Airport Terminal, and WHEREAS, the cost of such installation to ItEA was $30.42 per lineal foot for 247.96 feet, and WI~REAS, HEA desh'es reimbursement for such work. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI that the sum of $ ~ ~. ~ 0 is hereby ~pproved for payment of installation of conduit at the Airport Terminal, charged to LPW 07-51-26997. PASSED BY THE COUNCIL OF THE CITY OF KENAI this 21st day of Ma~eh, 1979. VINCENT O'RBILLY, MAYOR ATTEST: Sue C. Pete~, City Clerk PROJECT COORDINATION AND INSPECTION SERVICES CONTRACT hereinafter referred to ~s "iNSPECTOR" hereby enters in~o the following contract with the CITY OF KENAI, a first-class home rule municipality, hereinafter referred to as "CITY." SERVICES RENDERED: INSPECTOR agrees to perform the project coordination and inspection services for the following projects for the consideration as set forth in paragraph III below: II. SERVICES DEFINED: Project Coordination and inspection services as agreed to be performed by INSPECTOR is defined to include the requirements of project coordination and inspection, as contemplated within the document en- titled, "Engineering and construction guidelines for the Local Public Works Capital Development and Investment Program" U.S. Department of Commerce/Economic Development Administration, Second Edition, June, 1977. In addition, project coordination and inspection shall require the INSPECTOR to perform the following services~ Provide surveillance of project construction to assure compliance with plans, specifications, and all other contract documents. Supervise any required subsurface explorations to determine amounts of excavation or foundation conditions such as borings, soil tests, and the like. Review and approve proposed contract change orders when applicable. Submit a monthly report to the CITY covering the general progress of the job and describing any problems or factors contributing to delay. Review and approve the contractor's schedule of amounts for contract payment. ® 11. Review and approve partial payments to contractors. Work with contractor in the preparation of an "as- built" drawing after the completion of project. Perform a final inspection and advise the CITY whether or not to accept the work as performed by the contractor and his subcontractors. Provide punch lists for every unfinished work with recom- mendation as to acceptance. Act as liason between the CITY and the Contractor. Present daily reports to the CITY to be hand delivered to the City Public Works Director each and every day that work progresses giving for each project the amount of time inspectors worked on each project, the men and equipment used on each project and the principal items of work completed on each project. Daily reports shall include a statement as to how the project is progressing in light of the specifications and Design Engineer's estimations as it relates to estimated quantities, soil quality and the like. Additionally, such daily reports shall contain a complete documentation (including cause, time and location) of any specific directions given to the contractor relating to fulfilling his (the contractor's) obligations pur~u, ant to the specifications. X4%em~e that the contractor (~tomeet the specification requirements on the Job site, and to order the contractor to immediatelF correct any deviations from specifications or/to close the project down unless otherwise diz~ted by the CITY.) Where the INSPECTOR has exercised his auth~rity to order the contractor to take corrective measures to comply with what he (the INSPECTOR) has determined to be a deviation from the specifications, or where the INSPECTOR has ordered a project shut down, the INSPECTOR shall hold the CITY harmless and bear all costs, damages and liabilities resulting to a contractor for' any corrective order or shut down that is shown to be unwarranted for the reason that no deviation from the specifications, in fact, occurred. -2- 12. 13. Report to the CITY progess made toward meeting the minority business enterprise requirement. Assist the CITY in preparing quarterly status reports as required by EDA. 14. Monitor and review the payrolls for each contractor and sub-contractor, forwarding the same to the CITY. 15. 16. Check with contractor to determine that it has contacted local utility companies (including gas, electric and telephone) before any excavation or ground breaking is permitted on any project and include a statement to that effect in its daily report. Advise the CITY and Contractor in writing of any violations Of requirements of the Occupational Safety Hazards Act (OSHA) and that all other governmental regulations are complied with and otherwise advise the CITY that the safety of the public and men working on the projects concerned are otherwise protected. Report by telephonic notification any imminent danger that is detected so that the CITY may take immediate corrective action. 17. 19. Review the final pay estimate and approval or disapproval of the same. ~~~ Arrange in conducting pre. conference. Provide final inspection. III. CONSIDERATION~ (1) NOT TO EXCEED FIGURE FOR EACH PROJECT - The CITY agrees to pay to the INSPECTOR a fee according to the rate schedule set forth in subparagraph (2) (A)(B)(C) and (D) below BUT IN NO EVENT to exceed the amounts for each project as follows~ EDA % not to exceed -3- not to exceed _i- (2) The rates and charges for services shall be: A. ENGINEERING RATE PER HOUR Engineer, Grade I Engineer, Grade II Engineer, Grade III Senior Inspector Engineering Technician Draftsman Typist (Report and Specifications only) B · SURVEYING 4-Man Party 3-Man Party 2-Man Party Crew Chief Alone Electronic Distance Measuring Instruments and Programmable Calculators REIMBURSABLE EXPENSES i. Automobile travel from office to project site at ..per mile for both ways. ii. ActuAl cost of subsistence and lodging. iii. Actual cost of long-distance telephone calls. iv. Actual cost of print and reproductions. v. Actual cost of laboratory and field testing services. vi. Actual cost of commercial transportation and freight. vii. Actual cost of survey stakes. To the totals of the costs of items i through vii above, an amount of 10% shall be added for overhead expense. -4- D. THIRD PARTY EXPENSES Certain third party expenses incurred by the INSPECTOR such as surveying, soil testing, soil compensations, concrete tests and the like shall upon prior approval by the CITY's Public Works Director be subcontracted for by the INSPECTOR at a cost which is the product of their customary rates by the actual hours devoted to the job. Ail such work shall be performed by licensed surveyors and registered testing laboratories at rates which are substantially in line with or lower than the average rate charged generally for such services in the commercial world. The INSPECTOR shall invoice the CITY for all such third party costs at actual costs plus %. Since the CITY'S total budget limitation for inspection cannot exceed those limits as set forth in (1) above, it is clearly understood between the parties that the INSPECTOR will receive as consideration for his services on each individual project those rates and charges as enumerated in subparagraph (2)(A)(B)(C) and (D) above but in no event shall the CITY be obligated to pay more than the not-to- exceed figures for each individual respective individual project as indicated in subparagraph (1) above. ~3) Billing Method: The INSPECTOR shall bill the CITY monthly setting forth the services the INSPECTOR has provided per the rates and charges chart in paragraph 4 above broken down for each project. The INSPECTOR shall present his bill at a time (preferably before the 2nd Wednesday of each month) to allow the City Council of the CITY to act upon said bill. INSPECTOR shall supply with said bilL, copies of all time sheets and any other records available indicating the man- hours spent on each project. INCEPTION OF SERVICES: INSPECTOR will begin to perform ~ts s~r~ices..purs'uant.to this contract on the date of the signing hereof by both parties. COMPLETION OF SERVICES: The obligation of the INSPECTOR to provide services under this contract for the above projects will end on their respective actual completion dates but not until after final punch lists or final reports as required are submitted for each project, or until the CITY, at its option, elects to terminate the -5- contract upon thirty (30) days notice after paying the INSPECTOR in full for all of its just rates, charges, expenses (not exceeding the not-to-exceed figure) rendered up to the date of termination. Should any project extend more thgn 45 days beyond its projected completion date then the INSPECTOR may be released from his obligations hereunder after presenting to the CITY all records as set forth in paragraph VI so that the CITY may complete the inspection project in-house. In no event shall the INSPECTOR be compensated beyond as agreed to in this contract should he elect to continue beyond the 45 day limit. VI. OWNERSHIP OF RECORDS: All papers, documents, records, reports, field notes and other written memoranda of any kind relative to the work performed under this contract are the property of the CITY, and shall be delivered to the CITY upon the completion of the project. The INSPECTOR m ay maintain copies of such records. VII. Judicial forum - Any unresolvable disputes between the parties to the conditions and terms of this contract shall be resolved through Judicial proceeds in the Superior Court, Third Judicial District, at Kenai. CITY OF KENAI By: John Wise, City Manager -6- ~O013ER~ 8 LYBRAND CI[IITIFIED PU~LI{ ACCOUNTANTG TELIEPHON[ City of Kenai P.O. Box 580 Kenai, Alaska 99611 Progress billing on examination of finaacial statements for EDA Project No. 07-01-01684 for work performed during January 1979. 43QW $[V[N?H AYrNI3[ ANCHOI~AGw. ALASKA 99501 Februar~ 26 ,9 79 Bill % 10420 Acct. 2255-01 $750.00 Ted F0rsi and Associates 107 West Sixth Avenue, Suite 205 Anehor~e, Alaska 99501 · (907) 274-9517 City o£ Kenai P.O. Box 580 Kenai, Ak. 99611 J Date ,,, March 2t 1979 Project No. 7862 I%oject NameLawton Street Water & Sewer Billing for Period - February. 1979, ~ummary of Work Completed Ted Fozsi, Principal 1.0 Mark Premo, CAvil Engineer 23.5 Bruce ~obson, Civil Engineer 10.0 Tom Howell, Civil Engineer 8.0 Dave Siddons, Draftsman 36.0 Linda Ewers, Draftsman 12.0 Greg Hoffman, Draftsman 2.0 Jeanie Blat~hford, Clerical 19.5 Telephone Dxafting Supplies Mylar Xerox/Bluel/nes I ~ ~ ~.~0~ .................. i W'c,~, c~.~ .................... ~ Hours @ 50.00/Hr. ~ Hours @ 40.00/Hr. ~' Hours @ 40.00/Hr. ~ Hours @ 40.00/Hr.~' Hours @ 25.00/Hr.~ Hours @ 25.00/Hr.~' Hours @ 25.00/Hr? Hours @ 14.00/Hr.~' Total Due PAYABLE UPON RECEIPT: DELINQUENT AFTER 30 DAYS. DELINQUENT BILLS 8UIUECI' TO 1~ PER MONTH CHARGE. 50. gO -/ 940.00 ~/ 400.00 ~ 320.00/ 900. O0 ,/ 300. O0 v' 50.00 ,/ 273.00 ./ 32.73 5.43 2.34 1.98 23.90 $3,299.38 - ' Forsi and Associat 107 West Sixth Avenue, Suite 205 An~orag% A~ka 99501 · (907) 274.9517 City of Kenai P.O. Box 580 Kenai, Ak 99611 Date March 2{ 1979 Project No. 7861 Project Name Main Street Water % Sewer 8111ingfor P~iod - Februar%,, 1979 Summary of Work Completed Bruce ~obson, Civil Engineer Mark Premo, Civil Engineer Tom Howell, Civil Engineer Greg Hoffman, Draftsman Dave Siddons, Draftsman Lin4a Ewers, Draftsman Lyan Whitmore, Draftsman Jeante Blatchford, Clerical Xerox/Bluelines Drafting Supplies Myla~ Telephone 26.0 HOURS @ $40. O0/Hr./ 34.5 Hours @ $40.00/Hr./ 9.0 HOurS @ $40.00/Hr./ 46.5 Hours @ $25.00/Hr.~ 44.0 Hours @ $25.00/Hr? 24.0 Hours @ $25.00/Hr.~ 72.5 Hours @ $25.00/Hr./ 39.5 Hours @ $14.00/Hr.v 1040. O0 / 1380.00 */ 360.00-'/ 1162.50 ./ 1100.00 ,/ 600.00 */ 1812.50 ./ 553.00/ 27.14 32.73 2.34 1.98 5.43 Total Due PAYABLE UPON RECEIPT: DELINQUENT AFTER 30 DAYS. DELINQUENT BILLS SUBJECT TO I~PER MONTH CHARGE. $8077.62 ~ - Ted Forsi and Associates 107 West Sixth Avenue, Suite 205 Anchorage, Alaska g9501 · (907) 274-9517 City of Kenai P.O. Box 580 Kenai, Ak 99611 Oa~ March 2, 1979 ~oj~No. 7860 ~oj~tName S~ur. Hw~.. Water & Sewer Billing ~rP~tod February. 1979 u Sumnmry of Work Completed Bruce Robson, Civil Engineer Mark Premo, Civil Engineer Lynn Wnttmore, Draft~a~n Jeanie Blatchford, clerical ~AI Drafting Sul~pltes Mylar Telephone ~erox/~luelines 4.5 Hours @ $40.00/Hr.w 4.0 Hours @ $40.00/Hr./ 10.5 Hours @ $25.00/Hr.~* 12.0 Hours @ $14.00/Hr./ Toml Due, PAYABLE UIK)N REC~PT: DELINQUENT AFTER 30 DAYS. DELINQUENT BILLS 8UBJEG'r TO I~&PER MONTH CHARGE. 180.00 160.00 2¢ 2.50 168. O0 32.73 2.34 1.98 5.43 25.53 107 West Sixth Avenue, Suite 205 Anchorage, Alaska 99601 · (91:)7) 274.9617 City of Kenai P.O. Box 580 Kenai, Ak. 99611 g $ur~(v~¥ of Work Completed Date _March 2' 1979 Project No. - 7863 Water Loop Project Name. Inlet View to Central ~gts. Billin9 for Period February,, 1979 Mark Premo, C~vil Engineer 3.0 Hours @ $40.00/Hr./ Bruce Robson, Civil Engineer 17.5 Hours @ $40.00/Hr.v' Tom Howell, Civil Engineer Dave Siddons, Draftsman Greg ~offman, Draftsman LinCH Ewers, Draftsman Jeanie Blatohford, Clerical 4.0 Hours @ $40.00/Hr~ 13.0 Hours @ $25.00/Hr? 19.5 HOURS @ $25.00/Hr? 2.5 Hours @ $25.00/Hr~ 25.5 Hours @ $14.00/Hr~ Drafting Supplies Mylar Total Due PAYABLE UPON RECEIPT: DEUNQUENT AFTER 30 DAYS. DELINQUENT BILI~ ~JBJECT TO I~PER MONTH CHARGE. 120. O0 w 700. O0 -/ 160.00 / 325. O0 -' 487.50 / 62.50 / 357.00 / 32.10 2.34 1.98 MA~CH 9, 1979 TELEPHONE POLL The audit on the well number two project revealed that we do not have a lease on the well site. A search discovered that, while we have tentative aDDroval of the lease, the survey required was not done. We now have survey instructions. McLane and Associates will do the survey for $2700. 1) We need approval of a Purchase Order for $2700 We need approval of a transfer of $2700 from water and sewer service contingency to water and sewer professional services YES NO A-~BARIAN - _ ~. ~LICK- ~- MALSTON ~ ABER SEA.W~N ~ 0 ' REILLY ~' C CITY MANAGER'S REPORT MARCH 21, 1979 ,FARINGS I ORDINANCE 477-79 DECLARING CERTAIN PARCELS OF LAND FORECLOSED is concerned with the tract where the City desires to erect the proposed Beaver Loop Fire SubstationI and this formal taktnq of the land provides for notification of the owner. The City will pay the taxes on the land and dedicate it for public purposes. 20ROZNANCE 478-79 LOAN FROM GENERAL FUND amends Ordinance 443 that established the loan to the Airport gay Sewer Line and changes the language of the loan. 30RDINANCE4)9-79 STREET EXCAVATION ORDINANCE Tht~,drdf~a~ce**wtl'l prdbabtlyl~tftl be amended significantly, but we shall ask that another public hearing on April 4 be held. Once the ordinance is properly amended, we will send it to all the excavators so they can review it. The changes the Council requested to the ordinance have been made. 4 LIQUOR LICENSE RENEWALS: Katmai Room, Rainbow Bar and Grill, Kenai Joes, Peninsula Oilers and the Italian Gardens. Data on status from City Clerk at meeting. PERSONS PRESENT AND SCHEDULED TO BE HEARD Charlte Ogle wtM.spqak Tpr-Sea Land concerning the Turnagain road closure and, presume, the break up closure. E *-lJORRESPONDENCE I Letter from the Historical Society asking the Council to meet with them and review the Museum operations. I have no doubt that they will be asking for Council funding for a curator position in the not-too-distant future. NEW BUSINESS 30RDZNANCE 481-79 WILLOW STREET LUMINATION/ESTABLISHMENT OF ASSESSMENT DISTRICT from the Kenat Spur to the Terminal. There is a month delay in the public hearing once the ordinance is introduced. We will have to make a mailing to each effected property owner or lessee so that they are aware of the proposal. 4 ORDINANCE 482-79 AMENDS PERSONNEL REGULATIONS We have found an error in calculations as to holiday time and it must be properly corrected to provide equity. 5 ORDINANCE 483-79 ESTABLISHES A SPECIAL REVENUE FUND ENTITLED "SENIOR EMPLOYMENT PROGRAM" to employ an outreach worker. This is a fully-funded grant from the State, 6 RESOLUTION 79-26 TRANSFERS OF FUNDS CPOLICE) for comnunlcattons 7 RESOLUTION 79-27 TRANSFERS FUNDS (REPAIR AND MAINTENANCE) to repair the boiler heater at the Terminal CITY MANAGER'S REPORT March 21. 1979 - page 2 8 RESOLUTION 79-28 REQUESTS RELEASE BY FAA OF CERTAIN AIRPORT LANDS the actual /"~pscrtption is not included at this time, but'it will be essentially the TRF equested property lyinq between the Dairy Queen area and the Airport 14ay road, The data should be availeble for the Council at tPe meetlng~ This will be an ' enclosure and be part of the resolution, g RESOLUTICNTg-29 TRANSFER OF FUNDS FOR CITY MANAGER TO PURCHASE MAGNETIC PERSONNEL CHART These magnetic tags on the board would help me have a personnel cFart so that I can follow the make up of the departments and when personnel are ready for evaluations and so forth. 10 RESOLUTION 79-30 REJECTS ALL BIDS FOR CONTRACT WINTERIZATION OF A RENOVOVATION TO THE KENAI AIRPORT BUILDINGs' The bids caff~ ir, excepticnally high. We are also asking to modify the program and offer it for bid again. 1I TED FORSI INSPECTION CONTRACT for inspection of the projects that he has designed and are currently being bid. 12 INSPECTION CC~TFACT WITH WINCE-CORTHELL & ASSOCIATES for the projects that they designed and are currently up for bid. 13 PAYMENT TO COOPERS & LYBRAND for audit work ~4 PAYMENT TO TED FORSI & ASSOCIATES for design work ,5 RATIFICATION OF TELEPHONE POLL FOR TRANSFER WITHIN WATER AND SEWER EUDGETS [6 fund a survey for well site number two and retention of McLane & Associates to do the survey. OTHER BUSINESS 1 IBM COPIER We have been approached by IBM concernin~ replacing the large Xerox copier. The major advantage to the IBM is that it provides fcr automatic duplexing which is two-sided copying on a single sheet of paper. This would be a* tremendous cost savtnqs for the City. The proposal that we are constderinq and I am recommending to the Council is that we enter into a five year lease purchase agreement. This would require a down payment of a little over $2,000. This would not be due until next budget year with a gO day delivery. I need a Council co~nittment to provide this type of money in next year's budget so that ! ~ay, on behalf of the City, sign an agreement to have the machine installed when available. ~ PARKS AND RECREATION DIRECTOR Kayo Mc$tllivray has accepted the position and should be here about April 15. 3 PUBLIC HEARING WAS HELD AND THE SEPTIC STUDY CONDUCTED BY CF2~ Hill on behalf of the Borough. That hearinq Tuesday, March 13, was well attended by Soldotna, Kenai and the pumper operators. The pumper operators asked for the rules of the qame and there seemed to be a qreat deal of interest in not tying the septage u~ to the City, but doing it on a private basis. I have no idea what will actually be Borough or DEC recoaeended. ~4 WEIN APPLICATION TO FLY KENAI-SEATTLE The City has supported this and sent letters to the CAB. CITY MANAGER'S REPORT ~arch 21, 1979 - page 3 5 PANAGER'S MEETING IN JUNEAU I am scheduled for this on the 29, 30 and 31st ~'~)of March. 6 I ATTENDED THURSDAY, MARCH I5 THE SOUTH CENTRAL DEEP DRAFT STUDY sponsored by the Corps of Enqineers. I was extremely disappointed, for the prime study did rot present that much information. There was a very tnterestin~ presentation concerning the bottom fish possibilities and some other data, but I did not see much effecting renal in the near future. I will be going back to the Corps and talk about our particular problems in the river. 7 BROWN CONSTRUCTION Included in your packet is a letter from the Administration to Brown Construction responding to their recent letter. My position is and has been that, in the course of the contract he is required to do his own esttmat($ and come in with them to the City. At that time between the engineers and Administration there will be recommendation concerning how, if at all, the estimates should be adjusted. Once we have been able to take a position then I have absolutely no objection to Mr ~rown taking his differences to the Council. However, until he has submitted a bill and stated clearly his position I feel it is inappropriate for him to negotiate directly with the Council. I believe my letter indicates this position. 8 BEAVER LOOP FIRE HOUSE The Fire Chief's letter discussing this is in your packet and is self-explanatory and we need to review it as well as the other capital improvement projects we have before the City. '-')9 AIRPORT MASTER PLAN SUI~4ARY which we Just received and you are the first · .~recetvtnq ccptes of this particular sumnary. aEW/pw ATTORNEY ' S REPORT 3-21-79. Excavation Permit Ordinance. Ordinance 479-79 has been revised pursuant to Council and administration direction. If acceptable, the ordinance should be given a third reading in view of the extensive changes that have been made. This Ordinance resembles in principle the existing ordinance on the subject except that fees and insurance requirements have been raised and attempts were made to fill gaps in the prior ordinance to improve regulation of street excavations. Several weeks ago I was asked to look into the possibility of drafting an excavation ordinance of a totally different format than the present ordinance and that described above. The suggested ordinance would provide for a single contractor to be retained by the City to handle the City's excavation projects (water and sewer tie-ins, street openings, etc.) .However, since this new type of ordinance would involve a totally new concept, wherein input from the City's contractors would be desirable, I thought the Council might wish to review such a document in a committee before its presentation on the agenda. Although I have not yet seen any ordinances from other municipalities where this concept is adopted, after review of the matter I am concerned that such an ordinance may be interpreted as granting a franchise which would require an election pursuant to the Charter to establish. Also the procedure established by this ordinance may be subject to claims that it is in violation of anti-trust legislation in that one contractor would in effect be given the exclusive right to handle all sewer and water tie-ins. ACI - I have been informed that ACI intends to open the restaurant facility 5 days a week from 10:00 a.m. to 7:00 p.m., Monday thru Friday. They intend to provide a more simplified menu (i.e., sandwiches and beverages} ACI's actions are not the result of any type of agreement reached with the City, through its City Attorney. Rather, ACI has made unilaterally its decision to open up the restaurant on a limited basis to demonstrate, in its words, its "good faith" in its dealings with the City. ~' '[[ ~ I I Illl I[11 ii['[ I IIil [ ' : .... I ' - I~l T-~ I CITY OF KENAI ¥ P. O. BOX S80 KENAI, ALASKA 9951 TI~IPHOfli 213 · 753S March 16, 1979 ME~O TO: FROM: SUBJECT: John Wise, City Manager Keith Kornelis, Public tVorks Director What's Happening Report for City Council Meeting March 21, 1979 WINTERIZATION OF WARM STORAGE BUILDING The project is still in its winter dormant stage at this time. Some foundation work and concrete antrances still need to be done outside and around the building. ARCTIC DOORS AT THE AIRPORT TERMINAL BUILDING The bid opening on this project was on March 14, 1979 at 11 a.m. We had three bidders. The lowest bidder bas Cordova Construction with a base bid of One Hundred Thousand Dollars.- Our construction budget is $51,280 with a contingency of $5,220· Therefore, we would be looking at an additional cost of at lease $45,620 from the City since EDA will not increase their funds. BIDDER S.J. Skerritt Goertz Const. Cordova Const. $I00,000 Base Bid - 4,300 DED. 81 - $00 DED. 82 ·-S!,280 In Budget $ 43,620 DED.81 $4,730 $4,300 $4,300 Additional Cost DED.#2 ADD~I $2,840 $ 900 $1,000 $1,000 $ 800 $ 900 There are two deductive alternates and three additive alternates that should be considered. A decision is needed as to what is wanted and if it is worth it. ADD82 ADD83 BASE BID $1,675 $1,884 $121,786 $1,000 $5,000 $169,047 $1,950 $S,Z34 $100,000 Memo to John Wise ~,Page Z March 1§, 1979 In talking with the EDA representative in Seattle, he stated that almost all the jobs recently are coming in extremely high - sometimes double the estimated costs. $100,000 for 500 square feet or $200/sq.£t is very high. A description of the Deductive and Additive Alternates is attached to this report. RENOVATION OF LIFT STATIONS The material bid portion of this project has been set for an'opening on Narch 21, 1979 at 2 p.m. The Construction phase bid opening is set for April 11 at 2 p.m. We have had to cut back on the scope of this project in order to meet our budget. We plan on using some of the existing hardware and have changed from an automatic transfer switch to a manual~ and made a few other minor changes that will hopefully give us some lower prices. ,WATER - BEAVER LOOP TO DOG~OOD AND WATER- FIFTH STP~EET ~ah: Pre-Bid Conference is set for March Z2 at 10 a.m. The Bid Opening been set for April 6 at 10 a.m. WATER AND SEWER NORTH KENAI SPUR, WATER AND SEWER--MAIN STREET, WATER AND SE~ER LAWTON, AND WATER CENTRAL HEIGHTS TO INLET VIEW These are engineering projects being per£ormed by Ted Forsi and Associates. We have received preliminary plans and specifications and they have gone to all utility companies for analyzing and comments concerning utility relocation problems. ~TREET~ WATER AND SEWER IMPROVEMENTS FOR AIRPORT IIAY A Pre-Construction conference has been set for March 16 at 2 p.m. The Bid Date is March 28, 1979 at 4 p.m. This bid opening is set two hours after the Bid Opening for the Kenai Airport Improvements. WATER AND SE~ER ON BRIDGE ACCESS ROAD AND WATER ON BEAVER LOOP These projects are CEIP Engineering projects and are being completed by Wince, Corthe11~ Bm/son and Freas. RENOVATE WELL HOUSE NO I The Pre-Bid Conference was held on March 15 at 10 a.m. Two indiviuals from the design firm and two individuals from the City were the only ones that attended. If any bidders express an interest in an additional meeting, we plan on having one, but the Pre-Bid Conference was announced Memo to John Wise Page $ March 16, 1979 zn the specifications and the bid holders should have been aware of it. The Bid opening date is March 29 at 4 p.m. THREE MILLION GALLON WATER STORAGE TANK RoCk£ord Corp., the general contractor, and City Electric, a sub contractor, have done just about all they can until the new generator arrives. The arrival date is still any day now. EXCAVATION PERMITS WITHIN PUBLIC RIGHT-OF-WAY I have been working with the City Attorney on revisions to the Ordinance concerning excavation within public right-of-ways. There have been no drastic changes in the old ordinance. It has been clari£ied and the wording changed. Ernie is making some changes in the newly revised Ordinance in an effort to cut do~rn on the number of permits that have been required in the past. There have been quite a few contractors in already to obtain their 1979 yearly permit, since last year's expired in December. They are hoping for an early construction season this year. '-.A note o£ praise is needed for the superb job the public works crews .have been doing recently. The Water and Sewer crews have completed -painting not only the tank in the Well House No. 2 but the piping and floors. They have done an excellent job and saved the City a considerable amount of money that could have been spent on a painting contractor. A lot of time and effort has gone into grinding, taping, preparation, priming and painting within this Well House. The Sewer Treatment Plant has made considerable effort with new splash guards, painting, working the sand filter area, and etc. in and around the plant. Our test results are excellent at this time.even, with the high flows. Our street crews are doing a good job in the never ending battle against the recent £1ooding caused by warm weather. It looks as though we are going to have a large run-off this year which the crew is ready for · and did a considerable amount of work last fall gettSng ready for this run-off. Our shop crew is doing an excellent job in keeping our equipment running and operating smoothly. They have completed a major modification of the blade for the 966 Loader. The Animal Control Officer is continuing to pick up animals at an astounding rate. I have been working with Ernie Schlereth lately to come up with a good project coordinator/inspector contract. We are taking everyone's ideas, comments, engineering articles, past contracts and etc. and combining them into a working contract which we feel will meet the needs o£ the City. I have sent out letters to sixteen prospective bidders concerning Topo Study. All proposals are asked to be in by.March 28 at 2 p.m. Hopefully, .~ this time we will be able to award the project. Memo to John Wise Page 4 March 16, lgTg ~'~.On February 22, I attended a meeting at the Borough on septic receiving~ At that meeting we discussed the upcoming hearing on March 13. CH2M Hill has revealed some startling figures concerning this receiving station. . Talking with Guy Green with the State DOT it appears that the Spur Highway is not anticipated to go out to advertisement until June with possible Bid Opening in late June or early July. As you know the construction season is relatively short in this area and we do not want to be caught in a position o£ having Willow Street torn up throughout the following winter. OITY CREWS Street Crews have been working on the following: Taking inventory Plowing drifts o£f airport and streets Sanding airport and streets Opening Storm sewers Blowing snow of£ Airport Ramp Opening entrance to Russian Sraveyard Interviewing job applicants Working on Budget Workini on Airport lighting Inventory on radios Hauling garbage Blading ice pack of£ streets Shop crews have been working on the £ollowing: Working on the inventory Tuning engine Police Car Replacing altenator bearings~ idler pulley Repairing water pump~ idler bracket and replaced pulley Taking Courier to Peninsula Ford for check up Welding new wing cable bracket on Champion Grader Repairing leak and bleeding brakes on STP tanker Differential overhaul on Unit 51 Police Car Overhauling carburetor on Unit 55 Police Car Checking new Luv pickup and mounting beacon Working on budget Regular maintenance Water and Sewar Crews have been working on the £ollowing: Checking wells and lift stations Wor~in$ in Well House No. 2 Putting in electrical outlet £or air compressor in Well House #2 Checking frozen water lines in Woodland Sub. Cleaning WiS pickup l~emo to John ltise Page 5 March 16, 1979 AIRPORT PAVING The Pre-Bid Conference is set for today ~iarch 16, 1979 at 10 a.m. There are over twenty plan holders on this project. I gave CH2M Hill the areas that you designated for the Borrow Sites, Staging Area, access road, waste disposal area, and asphalt stockpiling area. They are going to have an addendum for the bidders today. It also will include some other things I've discovered since we received the plans. I/K/Jet I~NTI'i'IIiZATIO:i A:ID RIiNOVATION.~ TO SECTION Ol100 l'a§e 2 KILqAI AIRPORT TE~.IKNAL BUILDING Alternates EDA PROJE~ NO. 07-11-02039.60 Division 1 C~ VINCENT CINTOLI, ARCIIITE~ Ceneral Requirements PART 2.00 ITEMIZATION OF ALTEP.~ATES 2.01 Description A. Deductive Alternates: Removal of approximately 160 S. V. of existing curtain wall and replace with new curtain wall as specified. No. 2 Removal and replacement of approximately 870 S. F. of floor tile. Additive Alteraates: Reglaze two sets of aluminum framed glass doors at gast entrance of Airport Terminal ~ain Lobby doors with polycarbonate glazing, and adjust and align doors. ~0. 2 Install indoor/outdoor carpeting in rooms 1, 2, and 3, to include the preparation of new and existing ~loor slabs to recieve same. Remove approximately 330 S · F. of existing tooling and insulation and replace in accordance with drawings and specifications. ~19 OF SECTION 01100 Cook Inlet Aquacukure Assn. P.O. Box 850 --- Soldatna, Alaska 99669 262.4441 Ext. 257 February 23, 1979 Honorable Vince O'Reilly Jr. Box 580 Kenai, Alaska 99611 Dear Mayor Vince O'Reilly: This is an invitation to Cook Inlet Aquaculture Assn.'s Second Annual meeting, to be held at the Kenai Peninsula Commgnity College, Friday March 23. An agenda is enclosed. I would appreciate it if you mentioned this at your meetings. CIAA,'as a part of the fishing industry, is attempting to have something of value to all salmon resource users in this meeting. The processors are providing a free luncheon (naturally Cook Inlet fish will be featured) at the Armory. Thank you for your attention to this. Sincerely, Flo~d E. Heimbuch Executive Director FEH:sa enclosure KliNAI PIiNIN.'iIII,A llOIlllllClll AGIiNIIA FIIll Tllll Illil;lll,AIl AIiSIi!.IIIi¥ qlili'rlJlll IqARCII ,?,0~ 1979l 7:~0 It,il. BOIIOIIGII Alii.lilt I;i'l'll,'fl'l¢lN IIII I I,IIING SOI. DOTIIA, AI.^$KA -AGI!NDA- , A. CALL TO ORr)Eli AND ROLL CALL B. PLEDGE OF AI. LI~GIANCE AI~D/OII 'OPENING C~RE~IONY C. SEATING OF NliI~' ASSEI,IBLYMEIIIIERS (none) D. AGENDA APPROVAL ~IlNUTES: llarch 6, 1979 i February 27, 1979 F. ORDI[IANCE IIEAIIlNGS (non~J G. INTRODUCTION OF ORDINANCES (a) Ord. 79-12 "Amending Section 2.12.040 Of tim Borough Code of Ordinances to Provide ~or Non-lYeighted Voting on Appeals to the Boar& oi Equalization and the Board of Adjustment" (b) Ord. 79-1~ "~ending Section 2.08.090 ~ough Code of Ordinances Pertaining ~o the Procedure for the Introduction and Reintroduction of Ordinances and ~esolutions" (c) Ord. 79-~4 "Providing for the Contract Zbni~g of Certain Parcels of Ileal Property Lying l~ithin the llomer llunicipal District" (d) Ord. 79-15 "~ending Section 5.04.100 ~'f the BOrough Code of Ordinances to Provide ~or Line-Ite~ Transfers In the Asse~bly's Budget Appropriations" (e) Ord. 79-16 "~ending Section 16.04.040 of lhe Borough Code of Ordinances to Provide ~or Public tlearing to r)etermine the Necessity of Proposed Service Areas By a Special Committee of Less than the l~o~e Assembly" H. PUBLIC PRESENTATIONS (~eith prior notice) (a) [irs. Carolyn Cannava, Pres., School Board ~ith School District ~udiet, FY 1979-80 I. 'COI~IITTEE ~EPO~TS t (a) School Board (Davis) (b) Cook Inlet Air ~esources (Davis/Long) (c) OE~P (Fischer/~loses) (d) ~inance (tlille/Cooper/Crm~rord/~icCloud/ Corr/Douglas) Long Martin Mos~s McCloud Ambarian Arncss Campbel 1 Cooper Corr Crm~£ord Davi s Douglas ~lson ~ischcr llille 9 9 11 7.5 10.67 9 10 4 9 9 10.67 9 10.66 'i ff A PUIILI(~ I. IBR~RY IN J~ERVICE ~INCE BOX 15'7 KENAi. ALASKA 9961! REPORT FOR THE M0h"rH OF February. 1979 Circulation Adult Juvenile Easy Books Fiction 12~6 350 1336 Non-Fiction 1699 122 27~ Total Book Circulation 5027 Film.. Phonodiscs, Pamphlets, Periodicals 498 Total Circulation 5525 Additions Adult Juvenile Easy Books Total Gifts 32 1 1 3~ Purchases 98 20 22 1~0 Total Book Additions 172 Phonod/scs ~ Total Additions 17~ Remedial and Re-worked Books Adult 103 Juvenile ,0 Easy Books Total 21 InterlibraryLoaas Ordered Receive~ Books 29 30 Phonodiscs/AV ~3 63 I~terlibrary Lon--ByOur Library 2 Returnea 3O Volunteers Number ~2 Total Hours 583 Fines and Sale Books Lost or Damage4 Books Xerox $38~.1~ 15.13 179.00 Total Income for February, 1979 $578.2? NOTICE PLEASE DISREGARD PREVIOUS IMAGE. DOCUMENT HAS BEEN REFILMED ON FOLLOWING FRAME. B. C. D. B. G. He KIiNAI PIiNIN:;ULA BOROIJ(;II AGENDA FOR Tllli IU~f;ULAII A:;SI~I.IIIi ¥ '.II~I~'I'IN(; lqARCII 20, 1979; 7:30 I'.il. BOROUGII AlE. Il N I WI'RAT I f)N BH I 1,1)I NG SOLI)O'I'I4A, Al,ASEA -AGENDA- CALL TO ORDER AND ROLl, CALL PLEI)GE OF ALLEGIANCE Al;D/OR OPE~HNG CEREHONY SEATING OF Nlilf ASSEI, IBLYMEMBERS (none) AGENDA APPROVAL HINUTI~.S: March 6, 1979 ~ February 27, 1979 ORDINANCE IIEARINGS (nonc;J INTRODUCTION OF ORDINANCES (a) Ord. 79-12 "Amending Section 2.12.040 ~ Borough Code o£ Ordinances to Provide for Non-h'eighted Voting on Appeals to the Boar~ o£ Equalization and the Board o£ Adjustment" (b) Ord. 79-13 "Amending Section 2.08.090 of' 'the go'rough Code o£ Ordinances Pertaining to the Procedure for the Introduction and Reintroduction o£ Ordinances and Resolutions" (c) Ord. 79-14 "Providing for the Contract Z'oning of Certain Parcels of Real Property Lying Within the llomer Municipal District" (d) Ord. 79-1S "Amending Section 5.04.100 ~£~the BOrough Code o£ Ordinances to Provide for Line-Item Trans£ers In the Assembly' s Budget Appropriations" (e) Ord. 79-16 "Amending Section 16.04.040 of the BoPough Code of Ordinances to Provide for Public tlearing to 9etermine the Necessity o£ Proposed Service Areas By a Special Committee o£ Less than the Ifho'~ e Assembly" PUBLIC PRESENTATIONS (with prior notice) (a) Mrs. Carolyn Cannava, Pres., School Board with School District Budget, Fl' 1979-80 'COMNITTEE REPORTS t Ca) School Board (Davis) (b) Cook Inlet Air Resources (Davis/Long) (c) OEI)P (Fischer/,~loses) (d) Finance (llille/Cooper/Cra~ford/McCloud/ Corr/l)ouglas) As semb Long Martin Moses McCl oud Ambarian Arncss Campbel 1 Cooper Corr Crnwford Davi s Dimmi ck Douglas Elson Fischer llille 9 11 7.5 10.67 9 7.5 10 9 4 9 9 10.67 9 10.66 AGENDA FOR HARCII 20, 1970 Page 2 (e) Solid Iqasto (Fi.schcr/~.lartin/Cooper) (f) Roads and Trails (I,onl;/~lartin/Corr) (g) Ports and Ilar.bors (Arness/Campbcll/Ambarian) Ch) l,ocal Affairs (Cav, obe 11/Ambar i ;m/l)hnmick/Arness) -(i) Legislative Affairs (Long/I}immick) J. blAYOR'S REPORT (a) Finance Report K. SCIIOOL CONSTRUCTION REPORT (a) (~) Memo 79-61 ~,Ienthly Status Report on Various School Projects Furniture and Equipment List for Sterling Redoubt and Anchor Elemm~tary dchools L. OT}.!ER BUSINESS (a) Res. 79-31 "Authorizing thc Borough Clerk to ~isposo of Certain Outdated Records of Personal Property Tax Statements, Sales Tax Returns, %ime Tickets and Income Tax Records" w/Memo (b) Tax Adjustment Requests M. ~YOR AND ASSE[4BLY: CO~IENTS AND DISCUSSION N. PUBLIC PRESENTATIONS O. INFOItMATIONAL MATERIALS AND REPORTS (a) Minutes/Agenda School District Ago:.da, 3-19-79; Financial Report, News in Brief, 3-5-79 Plat Committee, 2-5-79 Planning Commission, 2-5-79, 2-19-79 Bear Creek Fire S.A., 1-17-79 No. Peninsula Recreation 5.A., 2-27-79 (b) Liquor License New/Renewal Sunrise Koa Campground, Mi 7.5 llope Rd. Moose River Lodge, Sterling ltwy. Rol-dous Bar ~ Liquors, Sterling llwy. (new) (c) Correspondence John 6. ~ilsey, K.P.Community College Carolyn Cannava/Richard Swarner, KPBSD Budget Cost of Living Index Alaska Municipal League Bulletins 7 ~ 8 P. NEXT ~IEETING: April 3, 1979, 7:30 p.m. A PUBLIC I. IBRARY IN 6ERVICE BINGE 194B BOX 157 KENAI, ALASKA 9961! REPORT FOR THE MONTH OF February, 1979 Circulation Adult Juveflile Easy Books Fiction 12~6 350 1336 ' Non-Fiction 1699 122 27~ Total Book Circulation 5027 Films, Phonodiscs, Pamphlets, Period/cals ~98 Total Circulation 5525 Additions Adult Juvenile Easy BooRs Total Gifts 32 1 1 3~ Purchases 98 20 22 1~0 · o~al ~ook Additions 17~ Phonod/scs ~ Total Additions 17~ Remedial an~ Re-worked Books Adult Juvenile Easy Books 103 ~0 21 Interlibrar~ Loans Ordered Received Books 29 30 Phonodisos/AV ~3 63 Interlibrary Loans By Our Library 2 Returned Volunteers Number ~2 Total Hours 583 Total Income Fines and Sale Books $38~.12 Lost or Damaged Books 15.13 Xerox 179.00 Total Income for February, 1979 $578.27 Borrowers Cards Issued February, 1979 Kenai North Kenai Soldotna Clam Gulch Sterling Xasilof Moose Pass Total Car~s Issued ~36 ~0 9 1 198 KliNAI I'ENINSUIoA BOP, OUGII At;liNDA FOR BOli AND Till! RI~GIIIoAI~ ASSli~II{I,Y MIiETING Ft!BIHIARY 20, 1979; 7:30 P.lq. BOROtlGll Alibi I N 1S'I'RAT I OH BU I LII I rig P. O. BOX 850 SOI, DOTNA, ALASKA 99669 -A (; I~ N D A- BO:Ull) OF EQIJAI, IZATION CALl, TO ORDER AND ROI,L CALL OF BOARD :II2ARiXG OE KENAI Alii SERVICE~ INC. AUDIT DECISION OF BOARD AND ADJOURN,~IENT Page No. 1 A. CALL TO ORDER AND ROLL CALL OF ASSE~.IBLY B. PLEDGE OF. ALLEGIANCE AND/OR OPENING CERE,~IONY C. SEATING OF NEll' ASSE~XlBLYt, IE~IBERS (none) D. AGENDA APPROVAL E. ~,IINUTES: February 6~ 1979 F. ORDINANCE ItEARINGS 4 4 4 4 Approved (a) Or.d? 79-2 "Rezoning Lots 3, 4, S, 11 and I2, ~larathon Addition to Seward To~nsite, City of Seward, from Public (P) and Single Fanily Residential (R1) to ~lulti-Family Residential (R3)" (b) Ord. 79-3 ",.a Ordinaace Creating a Land Trust Fund to Account for All Receipts and Expenditures Related to These Funds" (c) Ord. 79-4 "Providing Procedures for the Anendment of Zoning Ordinances" (d) Ord. 79-5 "gnending the Process for 4b~ealfng Zoning Decisions in the ~unicipal Districts" INTRODUCTION OF ORDINANCES (none) PUBLIC PRESENTATIONS (with prior notice) (a) 5lt. Charlie Parker; Res. 78-13 I. CO~iI. IITTEt! REPORTS (a) School Board (Corr) (b) Cook Inlet Air Resources CDavis/Long) (c) O~DP (Fischer/Moses) (d) Finance (Ilille/Cooper/Crawford/McC1oud/Corr/ Douglas) (e) Solid Naste (Fischer/Martin/Cooper) (f) Roads and Trai~s (Long/Martin/Corr) (g) Ports and Harbors (Arness/Campbell/Ambarian) (h) Local Affairs (Campbell/Ambarian/Dimmick/ Arness) (i) Legislative Overview (Long/Dimmick) 4 Enacted 4 Enccted 5 Enacted 5 Enacted AGENDA FOR [IINUTES OF FEBRUARY 20, 1979 J. NAYOR'S REPORT (a) Financial Statement, January 31, 1979 7 Ack. Recpt. (b) Receipt of Petition for Kalifonsky Fire Service Area K. SCIIOOL CONSTRUCTION REPORT (a) Equipment and furniture List for Seward lligh School, Rebid on pianos for Soldotna lHgh School, llomer lligh School, Redoubt Elementary; approved by Board 2-5-79 8 Approved (b) (c) Res. 79-17 "Approving Two Change Orders to ~h~ Soldotna High School Construction Con- tract and Providing for the Transfer of Necessary Funds for Hodifying the Swimming Pool and Providing Floor Drainage in the Physical Education Area" w/.~lemo 79-45 Res. 79-18 "Authorizing the Installation of ~--P-~i~ Utility Services for tile Soldotna High School and Providing for a Transfer of Funds from the Project Contingency Account to the Project Construction Account" ~179-4.! 8 Adopted as Amended 9 Adopted (d) Memo 79-49 Monthly Status Report on School Proiects L. OTtlER BUSINESS (a) Res. 79-11 "A Resolution for the Publishing of Notice for the Roll of Delinquent Real Property for 1978" (Cook Inlet Chronicles) 9 Adopted Cb) Res. 79-1~ "Approving the Award of a Con- tract to Jones Associates, Inc. for the Development of a Comprehensive Arterial Road Plan for the Borough" {Reconsideration} 10 Adopted (c) Res. 79-20 "Authorizing the Borough Clerk to 'Dispose of Certain Outdated Records of Accounts Payable, Tax Bills, and Sales Tax Returns" 10 Adopted (d) Res. 79-19 Deleted 11 (e) Budgeting and Selection of Assemblynembers at Conferences (Cooper) 11 (f) ~aiver of Penalty and Interest; Gary Overson 12 Denied (g) Extension of Time for Filing Senior Citizen Exemption; John ti. llowarth 12 Approved (h) Tax Adjustment Requests 12 Apl, roved MAYOR AND ASSE~IBLY: CO.~IENTS AND DISCUSSION (a) Mayor Gilman; land conveyance/exemption 12 (b) blr. Fischer; assembly travel budget 15 (c) blr..~IcCloud; Ord. 79-4 and 79-5 (d) blrs. Dimmick; proposed ordinances 15 AtiEffI'~A FOI. HINIJTI!.C; OF FliBItI.IARY 20, 1979 No. (e) :It'. Caml~bell; ~notion to contest census 13 (f) Mr. Hal'tin; building rise policy 13 (g) Mr. Al'ness; Roads ~ Trails Program 14 (h) Pres. Elson; Davis' report oil NACo 14 N. I'UBI. IC PIIESIiNTAT IONS (a) Hr. llarry Scott flare,non; government 14 O. INFOR.',IATION^L NATERIALS AND REPORTS 15 P. NEXT .XlEETING: F~bruary 27 and ~larch 6, 1979 KENAI PENINSULA BOROUGII AGENDA FOR TIIE BeE AND REGULAR ASSEMBLY MEETING FEBRUARY 20, 1979; 7:30 P.M. BOROUGII ADMINISTRATION BD1LDING P. O. BOX 850 SOLDOTNA, ALASKA 99669 A. CALL TO ORDER AND ROLL CALL OF BOARD OF EQUALIZATION The board was called to order at approximately 7:30 p.m. PRESENT: Boardmembers Elson, Fischer, Hille, Long, Martin, Moses, McCloud, Ambarian, Arness, Campbell, Cooper, Corr, Crawford, Davis, Dimmick, Douglas; Assessor Thomas, Atty. Sarisky ABSENT: None Board Chairman Elson reported the board will hear the "Notice of Appeal Against Assessment", Account No. 24.285-6, Kenai Air A2aska, Inc., d/b/a Kenai Air Service, /nc. Appellant Vernon L. Lofstedt will be represented by agent Cornelius Johnson. Assessor Thomas and blt. Johnson were sworn in by the Clerk. B. HEARING ON KENAI AIR SERVICE, INC. AUDIT Mr. Thomas read appellant's statement of fact which reports the property involved includes fixed and rotor wing aircraft for the 1976 assessment year. In 197S Ken, i Air Alaska suffered a plane crash in which one person was killed. The airplane was totally destroyed. The crash took place in January 197S. In 1976, January 3 and 8, Kenai Air Alaska suffered two heli- copter crashes and they were completely destroyed. Kenai Air suffered over $300,000 loss of use on these helicopters and is asking some relief on the taxation of the copters. Further statements from the appellant report in 1978 Kenai Air Alaska filed taxes on property located in the City of Kenai and property located on Kalifonsky Beach Road (outside City limits). The property located in the City consisted of auto- mobiles, office equipment and aircraft used within the City of Kevai. The property located on Kalifonsky Beach Road consisted of helicopters that were parked for storage only. The Assessing Dept. moved the helicopters into the City of Kenai for taxing purposes by using Res. 77-11 as the reason for the move. Kenai Air Alaska is asking the Board to move this property back to its rightful situs for taxation purposes, which is Kalifonsky Beach Road. Mr. Johnson orally supported the above statements. Mr. Thomas stated Kenai Air Service, Inc. is protesting two separate issues, which he believed should be handled separately. The first issue involves aircraft which crashed shortly after the lien date of January 1, 1976. One Bell helicopter 206B crashed February 3, 1976 and the other Bell 206B crashed in February of the same year. The aircraft were picked up on an audit. The other aircraft was a fixed wing Navajo Chieftain which also crashed in February. -1- KI!NAI I'I!N[NSUI,A IIOROIIGli ASSEblBI.Y AND BeE MI!IFI'iN{; MIN[JTES FI!BR[I,,~IIY 20~ 1979 PA(Hi 2 The second par! of tile protest involves thc location of the helicopters~ which Kenai Air Service has reported ~ere located on Kali£onsky Beach Road. The numbers and type are as £ollo~s: Bell 212 N 59572 1974 Bell 205A-1 N 49626 1976 Bell 206B N 83182 1974 ~c11 206B N 00218 1975 Bell 206B N 476KA 1976 Bell 206B N 576KA 1976 Bell 206B N 90194 1975 (leased) The primary business establishment of Kenai Air Service is located at the Kenai Airport. The Assessor reported he felt the proper situs for all aircraft would be the airport as this is the primary location of the firm. The helicopters are only at the Kalifonsky site a short time. All aircraft would return to tile airport for maintenance, to pick up passen- gers and freight, and all flights would originate there. tie noted enclosure of the 1978 Kenai Air Service's 1978 personal property statement to show filing was made timely. Mr. Thomas reported the board should rule on the aircrafts that crashed and then make a separate ruling on the situs issue. Mr. Johnson stated the statutes provide that the Board can grant some relief if a natural disaster was involved and the crashing of these planes should be considered a natural disaster as the cause of the crashes was weather and was something that could not be controlled. In reply to Board Chalrman Elson who asked if a fire occurred to a residence on January 2 or 3 and it burned completely, what the assessor ~qould do, blt. Thomas reported he would remove it from the tax roll. ASSEMBLYMEMBER DAVIS I, IOVED TO GRANT TIlE APPEAL OF KENAI AIR SERVICE iNC. TO REMOVE TffO IIELICOPTERS AND ONE AIRCRAFT FRObl TIlE ROLL FOR 1976. QUESTION h'AS CALLED AND MOTION PASSED BY A VOTE OF 12 "YES" TO 4 "NO". Voting negatively were Fischer, Ambarian, Cooper, Cral~rford. The question of tax situs of the helicopters was then discussed. Mr. Thomas reported Mr. Johnson has attached to his statement of fact a two page Alaskan case la~ in support of the situs argument. This case was not read into the record but is on file in the Clerk's office and refers to the Town of Fairbanks vs Independant Meat Market~ 4 Alaska 147. This lay states the incorporated towns in Alaska have only such po~ers as are expressly granted in the Organic Act and such implied power as may be necessary to carry into effect those that are specifi- cally granted; doubtful claims to power are to be resolved against the town. No express authority is given incorporated to~ns in Alaska to tax personal property situated outsido the corporate limits, nor can it be contended with reason that such power is incident or necessary to carry into effect the express powers therein delegated. Mr. Johnson reported the helicopters in question have never picked up a passenger or handled freight from the airport. The company contracts out these helicopters beginning in and ending in October. In October they are stored at the o 2- KBNAI PENINSULA BOROUGH BO~ AND ASSEMBLY MEETING MINUTES FEBRUARY 20, 1979 PAGE Kalifonsky site until such time as maintenance is required. At times maintenance has been done at the airport, however the majority of the maintenance performed is the the field, lie reported having sworn statements fro~ the mechanics stating that a major maintenance job was done in Galena when an engine was changed. Another mechanic went to Barrow to change an engine. Therefore, when ~Ir. Thomas says the maintenance is done at Kenai airport he is in error. Since October the primary location is Kalifonsky Beach Road and the helicopters have not been used in Kenai. He further reported having contracts with him explaining exactly how the helicopters are used. The contract will prove that 99% of the time the copters are in use not on the Kenai Peninsula but in ether areas of the state, ilo referred to the Fairbanks case which states the tax situs is where the personal property is located. In reply to questions from 5ir. Cooper, ~lr. Johnson reported the appeal involves 8 helicopters which are stored on [alifon- sky Beach Road. Mr. Cooper referred to the lists of copters and stated one list shows 7, another 5, and on the City of Kenai list, one has been marked of£; the Bell 206B N376KA. Mr. Johnson explained the helicopter No. B376KA is the one craft that works in the Cook Inlet area for Phillips, with a backup. He did not know why it was malked off the city list and placed on the Kali£onsky list. Mr. Johnson added the only tilne the stored copters are at the Kenai airport is when it is necessary to load equipment to take over to Kali£onsky Beach Rd. Mr. Johnson referred to the Fairbanks case again and reported according to this case, Mr. Thomas is wrong in stating the copters should be taxed in Kenai because they are only in the Kalifonsky site for a short time. The case states no authority is given to tax personal property situated outside the corporate limits o£ a town. Mr. Cooper believed this law was in effect during Territorial days. The Federal Organic Act has nothing to do with state law today. Mr. Sar;sky stated ~r. Cooper is correct; the case cited has nothing to do with powers of taxation under Title 29 and the Alaska Constitution. Mr. Johnson reported Title 29.53.010 "General Property Tax" notes this case as reference. Atty. Sarisky replied this may be an item o£ research, however it must be taken in the context o£ the time in which it was interpreted. Mr. Cooper stated the question before the body is tho taxing situs. Res. 77-11 gives the assessor the opportunity to decide where the personal property is primarily used. The helicopters are normally associated with airports, but could be utiliaed at the Kalifonsky site. The board must decide whether the taxing situs is Kalifonsky or Kenai. The Fixed ~ing aircraft would be utilized from the Kenai Airport. BOARDMEMBER DAVIS ~IOVED TO UPItOLD TIlE APPELI.ANT'S APPEAL CONCERNING 1978 TAXES ON THE IIELICOPTERS A~D STRIKE ITE~i 6, {qilICII IS THE BELL 206B COPTER WITII A VALUE OF $196,441, AS IT IS LOCATED IN TIlE CITY OF KENAI AND NOT ON KALIFONSKY B~ACtl ROAD. -3- KENAI I'ENINSIII,A IR)ROII(;II BOI~ ANI) ASSI!,MBLY ,~llili'l'IN(; ~IINU'I'I!S I:I!I~RIIAI{Y 20~ 1979 PA(;li 4 ,MOTION t'ASSEI) BY A VOTE OF 12 "YES" 7'0 4 "NO"; Bo;,rdmembers Ambarian, Campbell, Cooper and Dimmick voting negatively. C. I}IiCISION OF BOARI) AND A1)JOURNMENT The Board upheld the Appellant's request as noted in tile minutes and the meeting adjourned at approximately 8:35 p.m. RI.;GUI.AR MEET ING The regular borough assembly meeting was called to order by Pres. JoAnn Elson following the Board of Equalization. PRESENT: Assemblymembers Elson, Fischer, itille, Long, Martin, Moses, McCloud, Ambarian, Arness, Campbell, Cooper, Corr, Crawford, Davis, Dimmick, Douglas; .qayor Gilman, Atty. Sarisky, Public I~'orks Director Ilakert, Planning director I~'aring, Finance Director Barton B. PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY C. SEATING OF NE~; ASSEMBLYMEMBERS (none) D. AGENDA APPROVAL The Clerk requested correcting Item Il(a) to read Res. 79-13 instead of 78-13. Also, noted was the School Status Report which is in the packet, but was not included on the agenda as Item K(d). ~rs. Dimmick requested deletion of Res. 79-19 as she believed her resolution needed additional work before presentation. The agenda was amended without objection. E. MINUTES: February 6, 1979 The minutes were approved as submitted. F. ORDINANCE IIEARINGS ia) Ord. 79-2 "Rezoning Lots 3, 4, S, 11 and 12, Marathon Addition to Seward Townsite, City of Seward, from Public {P) and Single Family Residential (Ri) to Multi-Family Residential (RS)" The ordinance was read by title only as sufficient copies were available for the public. Public hearing was declared open and as no one wished to speak, was closed. ASSEMBLYMEMBER McCLOUB MOVED FOR ENACTMENT OF ORD. 79-2. For the record it is noted the City of Seward granted final approval on the rezoning request December 13, 1978 and the borough Planning Commission approved it on January 8, 1979. QUESTION IiAS CALLED A~ND :'lie ORDINANCE UNA,glMOUSLY ENACTED. (b) Ord. 79-3 "An Ordinance Creating a Land Trust Fund to Account for All Receipts and Expenditures Related to These Funds" - 4- I(ENAI PENINSULA BOROUGH BeE AND ASSEMBLY ,~EETING ~IlNUTES FEBRUARY 20~ 1979 PAGE 5 The ordinance was read by title only as sufficient copies were avail.bio for the public. Public hearing was declared open and as no one wished to be heard, was closed. The Finance Committee recommended a "do pass" of Ord. 79-3 a~d ASSEMBLYMEMBER {lILLE bIOVED TO ENACT ORD. 79-3. VOTE ~AS UNANI- MOOS FOR ENACTMENT. (C) Ord. 79-4 "Providing Proaedures for the Amendment · of Zoning Ordinances" The ordinance was read by title only as s~ffici~nt copies were available for tho public. Public hearing was declared open and as nn one wished to be heard was closed. ASSEMBLYMEMBER McCLOUD MOVED FOR ENACTMENT OF ORD. 79-4, A Memo from the Planning Director notes two proposed amendments to the Borough Code; one amendment, Ord. 79-5, would eliminate the Borough Planning Commission from the appeals process for variances, conditional use permits and ordinance interpretation and enforcement. The Ord. 79-4 will contain the borough Plan- ning Commission review of zoning ordinance changes inside cities. These ordinances wore approved by the Planning Com:{~ission on January 8, 1979. The proposed changes were drafted in response to the comments by Advisory Planning Commission members and City officials attending the December 2, 1978 work session on zoning. The Mayor explained these ordinances change the roll of tho Advisory Plannin§ Commission. There is some question about whether the local level Commission will have to file a conflict o£ interest form. Prior to enactment of tho Seward and Homer zoning ordinances, the city planning commissions were advisory to the borough Commission. The only action that could be taken was to recommend. In the new ordinances tho Planning Commission at the local level acts on variance and conditional use permits. If there ts no appeal, the issue is final. They, in fact, have become a ruling entity and these ordinances take the borough Planning Commission out of ruling on local variances and condi- tional uses. The appeals process at the local level will go from the city planning commission to the city council. Because there is a question, the clerk has contacted the Alaska Public Of/ices Commission for a ruling on whether or not these co~missioners must file a con£1ict of interest report. ASSENBLYME~iBER CORR MOVED TO TABLE ORD. 79-4 UNTIL ~IARCI! 6 BY k~tlICH TlbiE TIlE REPORT SIIOULD BE RECEIVEI) ON ~ilETIIER OR NOT THE CITY PLANKING CO~IISSIONERS ~ILL IIAVE TO FILE Tile CONFLICT ON INTEREST REPORT. b~TIO~ FAILED BY A VOTE OF 36 "YES" TO 108 "NO"; Voting affirmatively wore Fischer, Corr, Davis, Douglas. VOTE lgAS CALLED OR THE )L~IN )lOTION AND ORD. 79-4 NAS ENACTED BY A VOTE OF 108 "YES" TO 36 "NO". Voting against the motion were Corr, Davis, Dimmick, Douglas. (d) Ord. 79-5 "Amending the Process for Appealing ZOning Decisions in the Municipal Districts" The ordinance was read by title only as sufficient copies were available for the public. Public hearing was opened and closed as no one wished to be hoard. - 5- I I I I KIiNAI PI!.~I NSlII,A Itt)lR)tR;ll IR)I; AMI) ASSI!~IIH,Y Mlili'l'IN(; ,~IINU'I'IiS I:I!IHII!ARY 20,~ 1979 PA(;li 6 ASSI!:.IIU.Y,~IIiMIIIiR 1.(),~(; MOl/El) FOR IiNACI'MI!NT OF OR/). 79-5 AND T/Ii! ORI)INANCIi tYAS ENAC'I'IiI) BY A VOTIi OF 108 "YliS" TO 36 votiug against tho ordinimco g'ere (fort, I)avis, l)immick, I)ouglas. G. INTRODUCTION el: ORDINA~;CIiS (noae) Il. I'UIU, IC I'RIiSI:NTATIONS (~ith prior notice) (a) ~Ir. Charlie Parker; Res. 79-1~ ~Ir. Parker spok~ of ~he comprehensive arterial road study being proposed to he developed by an out et' state firm rot the sum of 5S6,000. lie stated the borouah would provide the rasv mater- (als rot this study, sghen the borough could ~ell provide any road study itself, if it is needed, lie believed this expendi- ture to be ~as~eful and useless and added ~he borough planninff dept. should be improving its base and other maps rather than go to this expense, lie added there are already road maps available and displayed a number of maps to the assembly. tle remarked no one can predict future arterial roadways. I. COI~IITTEE REPORTS (a) School Board, February 19, 1979 Mr. Corr reported Mr. Is'ard presented the construction project report. Redoub~ Elementary ~as inspected February 16. Substantial completion for the llomer addition is scheduled for February 28. The Board approved purchase of furniture and equipment for the ne~ facilities. The board approved requesting the Assembly to expend $20,~00 to provide a chan~e order to bring the lo~ end of the Soldotna ltigh School pool to three feet and the breaking point ~o five feet~ the same depth as other District pools. Local share for the school district 1980 fiscal budget ~'ill be $4~201,212 of a total budget of $22,005,129, a 7.9t increase in local effort over last year. (b) Air Resources Management District Mr. Davis reported the next meeting ~ill be March 22 in Anchorage. (c) OEDP Co~ittee Mr. Moses reported at the last meeting lo~ income housing ~as discussed ~hich could possibly be scheduled in Soldotna for construction this spring and a letter is being drafted to Farm liome Administration that this may not be needed at this time and recommending further s~udy. On reco~,..,sendation of Alex Shadura the co~ittee ~ent on record as opposing ~he early set (d) Finance Co~tttee ~r. H~lle reported this committee ~i!l meet Tuesday~ S for a preliminary discussion of ~he school budget for next year. This meeting ~ill be in the assembly room. The committee · discussed the resolution on foreclosure publications and a motion ~as made to recommend a~ard of the contract to the lo,est bidder. The vote ~as I in favor and 2 against. (e) Solid t~aste Cedi(tee Mr. Fischer reported having met this afternoon and March the assembly ~ill receive a present/future status report and -6- KENAI PENINSULA BOROUGII BeE AND ASSEMBLY MEETING ~flNUTES FP. BRUARY .20t 1979 PAGE 7 also some 1979-80 budget projections. Mr. Cooper reported discussing tho timing in regard to the Homer site and bids will be advertised for construction by March i and hope to award the bid by March 22 with completion date of June 15, so the landfill will be ready for operation by July 1. The borough still does not have the last permit, only verbal approval. (f) Roads and Trails Committee Mr. Long reported the committee met tonight on Res. 79-13 and recommended a "do pass". Another meeting is scheduled for Friday, February 23 at which time the agenda will be formula- ted for Roads and Trails projects to be presented ~arch 6. (g) Ports and l'arbors Committee Mr. Arness reported information has been received from ~oodford- Clyde. By the end of March the firm will have the draft port and harbor demand projection, shipping and crafting projection, etc. They have requested the committee set up meetings begin- ning with the week of April 16. ~ork sessions are being scheduled and the d,tes will be announced later. (~) Local Affairs Committee Mr. Campbell reported the committee had a lengthy session this afternoon with Atty. John Strachan and Associates on the reapportionment problem. This report contains 8 recommendations, which are rather stringent. ~e have asked legal counsel to proceed with further study on the status of our weighted vote, the method of council appointments to the assembly, lie cautioned the assembly this will be a long drawn out process. The only najor conclusion the committee has come to is to try to design a document that i¢ill fit this borough well enough that the assembly does not have to be continually revising its appor- tionment every time a census is certified. The clerk was requested to send copies of the opinion to all assemblymembers. (i) Legislative Overview Co~unittee ~r. Long referred to the AbIL Bulletin No. 4 and reported ~rs. Eady, who is in charge of the Telecon£erence center is doing a good job of publicizing the various issues of interest to the peninsula. She reported to ~r. Long that the equipment used for the teleconference is not for complaints, but to testify on certain bills at prearranged times. ~rs. Dimnick reported there will be a hearing of llB 121 on February 26 at 11 a.m. This bill provides a special appropria- tion for the University of Alaska, Kenai Peninsula Community College in the amount of $4S0~000. She requested a resolution be drafted supporting this bill. Pres. E1son requested ~lr. Long or Nfs. Dinmick testify at that hearing. J- ~fAYOR~S REPORT (a) Financial Report; January 31, 1979 ASSEMBLYMB~BER ~icCLOUD MOVED TO ACKNOWLEDGE RECEIPT OF TIlE JANUARY FINANCIAL REPORT. UN~II)~US CONSENT I{'AS ASKED AND GRANTED. (b) Receipt of Petition for £alifonsky Fire Service Area - 7 o KENAI I'I!~IlN,'~UI,A BOROUGII ASSEMBI,Y RI!GUI°AR MI!ETIN(; MINU'I'I~S FIAH~IIARY 20 ~ ,1979 PA(;I:. 8 The ,~layor rel)orted this petition co]ni)letes the ot, tstanding petitions requesting fire service areas, Prior to February 27 information s~itt be mailed to the assemhly and circulated to the news ~nedia givinl~ information and recommendations to be discussed that evening. lie noted a problem in that if the assembly wa~ts until after March 27 hearing this will mean an ordinance cannot be intro- duced until April 3 and an election could not be held until approxhnately .June I; too late as the mill levy must be set by .June 15. This seould not g~vo sufficient time to put together a budget and provide the necessary hearings. At the next meeting, the ~lavor reported he sqill introduce an ordinance s~l~ich will start ~he process so by April 3 a decision can be reached as to whether or not to hold an election. K. SClIOOL CONSTRUCTION REPORT (a) Equipment and Furniture List for Seward lligh School; Robid on pianos for Soldotna tligh School, llomer ll~gh School, Redoubt Elementary; approved by Board 2-5-79 ASSE~IBLY~IEMBER LONG 8fOVED TO APPROVE TIlE FURNITURE AND EQUIPblENT LISTS FOR SEh'ARD HIGII, IIO~IER IlIGtt, REDOUBT ELEMENTARY. VOTE I~AS U~ANDIOUS. NOTE: The iist for Soidotna lligh Schoo1 ~as no~ approved a~ ~h[s ~ime as ~here ~as a question as to s'hich pianos ~er~ approved by ~he schoo1 board. Res. 79-~7 "Approving T~o Change Orders to the S~idotna High School Construction Con~rac~ and Providing for th~ Transfer of ~cessary Funds for ~lodifying ~he Ss~i~[ng Poo1 and Providing F1oor Drainage in the Phys~ca1 Education Area" ~,l~mo 79-45 and 79-50 ASSE?.IBLYFIEMBER ~IOSES MOVED FOR ADOPTION OF RES. 79-17 ASSE~IBLYFIEMBER A~ESS MOVED TO ~.IEND TIlE RESOLUT[O~ TO DELBTE ANY REFERENCE TO CH~GE ORDER ~8 FOR in suppor~ of his a~endmen~, ~lr. Arn~ss s~a~ed ~ha~ c~anging the d~pth from ~ fee~ 6 inches ~o S fee~ does no~ accomptish much. All you are doing is a hail job to ~ry to design a com- munity pool out of one sghich was no~ designed as such. ~layor Gilman reportod receip~ of a letter from Mr. i~'ard ~hich stated the borough school board had requested a change order ~o decrease ~he depth of the pooi. The pool ~as designed for high schooi a~hietic competition but ~he major emphasis should be on community use and ins~ruc~ionai ~lr. Ambarian s~a~ed ~ha~ ~his problem has been discussed by ~ho staff and o~her people for ~he 1as~ three months, tie believod one of ~he easiest solu~ions ~o ~he problem is ~ha~ ~here is a floating lin~ ~ha~ is required a~ ~he break. There ~ould be nothing ~o prewnt installing another fioating lino S foo~ 1eve1, providing for bo~h community and competition usos. The major problem is tha~ 7ou have ~n existing floor ~ha~ is already poured and to add additional concrete is going require three pours to be pmnped in b~cause the building ts enclosed, i~ith variations in ~he shrinking of the concret~ the pool ~i11 b~ nothing bu~ problems. o 8 o KENAI PENINSULA BORODGII ASSE,',IBLY REGUI,AR l, ll;i~'l'ING ,~IINUTIiS FEBRUARY 20~ 1979 PAGE 9 ASSE~,IBLY~E~,IBER I:ISCIIER MOVED TO POSTPONE RES. 79-17 UN'I'lL TIlE NEXT I~IEETING. TIlE MOTIO?~ FAILEI) BY A 39.34 "YES" TO 104.66 "NO" VOTE. Voting affirmatively were l';lson, Ilille, Douglas. bit. Long asked ~r. llakert if the S foot depth would make a difference; if it would take away competitive swimi~tng between schools. ~ir. Hakert reported tile difference in competition s~im is somewhat minute. You can get a little faster speeds with the deeper water. They would still bo able to compete between schools without any problem in either case. bits. Dimmick did not believe the assembly should concern itself with the change order. Tho swimr,~ing pool has already been approved and the only reason for change orders are for emer- gency items. The t. ians arc approved; she favored ,'.ir. Arness~ amendment. QUESTION IqAS CALLED AND TIlE A.~IEND,~IENT lgAS Al)OPTED BY A UNANI,xlOUS VOTE. TIIE ,XlAIN !,lOTION AS AMENDED IYAS ADOPTED UNAN H, IOU SLY. (C) ~7~t~8 (Substitute)"Authorizing tile , at,on of Public Utility Services for the Soldotna High School and Providing for a Transfer of Funds from the Project Contingency Account to the Project Construction Account" and Memos 79-44 and 79-50 ASSEbtBLY~IEblBER IIILLE ~IOVED FOR ADOPTION OF RES. 79-18 (SUB). FOLLOII'ING DISCUSSION OF TIlE LOCATION OF TIlE SEI~'ER AND I~ATER LINES THE RESOLUTION I~AS ADOPTED UNANDIOUSLY. L. OTHER BUSItiESS (a) Res, 79-11 "A Resolution for the Publishing of Notice for the Roll of Delinquent Real Property for 1978" ASSEMBLYME~fBER DI~LxlICK BIOVED TO REFER RES. 79-11 TO THE LOCAL AFFAIRS COb~ilTTEE. )frs. Dimmick reported asking for referral because the resolution is incomplete. She did not believe the assembly at this time had all the necessary information to arrive at a decision. She questioned whether the bidders were responsive to thc letter requesting bids and if they would be able to comply with the requested specifications. bit. Arness believed the Local Affairs Committee has enough sub- jects under study without taking on others. bits. Douglas reported the Finance Committee discussed this resolution thoroughly today and reached a decision to accept the low bid. Referring the resolution to various committees is just a method of "passing the buck". QUESTION lVAS CALLED ON TIlE MOTION 1'O REFER AND IT FAILED BY A VOTE OF 37.16 "YES" TO 97.84 "NO"; voting affirmatively were Ambarian~ Campboll, Cooper~ Dinuaick. blt. ,~lartin abstained because of a financial interest. ASSEMBLYbiEbIBER LONG bIOVED FOR ADOPTION OF RES. 79-11 FILLING IN TIlE BLANKS TO READ "Tilt.; COOK INLET CHRONICLES" AND THE A~iOU. NT OF $6~998.92, BEGINNING lVITII TIlL lfEEK OF blAgt;lt 7, 1979. -9 - KENAI I'I!NINSIII.:'% BOIIOII(;II ASSEIqlH,Y Rti(;IJI,AR /ql;l'/l'INt| AIINII'I'IiS FliBItlJARY 20; 1,979 PAt;I.: 10 ASSIi.qBI.Y.~IliblIII!R ARNI!SS HOVI!I) TO A:.IENI} BY FI I.LIN{; IN TIlE BI,ANKS TO RIiAI) "PERINSIIt,A CI,.XlIION" AND 'Fill:. A,~IOtINT OF $7,4,10.00 BEGIN- NIN(; I:'l'l'll TIlE I¥liliK OF MARCII 7, 1979. Mayor Gilman requested information on the authorized vote on the question since one member of the asse,,l)ly ~,'il.t be abstain- lng. It was explained by the Parli;mentarian that with the abstent ion, the assembly consists of a weighted vote of 135; a majority vote would be 67.5*. ~lr. Arness did not believe a person Iqho is a meraber of the Boroul;h assembly should be submitting bids for borough business as this is defi;~itelv a conflict of interest. The Chronicles had on article Iqhich'referred to Pat O'Connell, a former assemblymember, who seas co-els'ncr of tile Clarion last year when the assembly awarded the bid for the foreclosure print- ing. tlc requested Hr. Martin print a retraction of the statement in his next paper as the statement is untrue. Mr. O'Connell had sold his intercat before the issue came before the assembly. FOLLOII'ING DISCUSSION, QUESTION Is'AS CALLED ON TIlE A~IEND~.IENT lfllICtt FAILED BY A VOTE OF 41.14 "YES" TO 93.83 "NO"; voting affirmatively were Elson, .qcCloud, Arness, Cooper, Crawford; Mr. Hartin abstaining. QUESTION I~'AS C&LLED ON TIIE :,lOTION TO ADOPT AriD TIIE ~IOTION PASSED BY A VOTE OF 84.83 "YES" TO 50.17 "NO"; voting in favor of adoption were Fischer, tlille, Long, .~loses, Ambarian, Campbell, Corr, Davis, Douglas; Martin abstaining. ASSE~.IBLYMEMBI-:R ARNESS I~IOVED FOR RECONSIDERATION MARCI1 6, 1979 OR RES. 79-11. (b) Res. 79-13 "Approving the Award of a Contract to Jones A-'.sociates, Inc. for the Development of a Comprehensive Arterial Road Plan for the Borough" (Reconsideration/Cooper) QUESTION !fAS CALLED ON MR. COOPER~S MOTION TO RECO~;SIDER RES. 79-13 AND THE MOTION PASSED BY A VOTE OF 113 "YES" TO 31 "NO"; voting negatively were Arness, Cra~£ord, Davis, Douglas. QUESTION I~AS CALLED ON TIlE PREVIOUS I, IOTION TO ADOPT RES. 79-13 ANI) TIlE RESOLUTION I~AS ADOPTED BY A VOTE OF 95.88 "YES" TO 48.67 "NO"; voting against the Resolution ~ere llille~ ~loses, Arness, Davis and Douglas. (c) Res. 79-20 "Authorizing the Borough Clerk to 9ispose of Certain Outdated Records of? Accounts Pa)'able, Tax Bills and Sales Tax Returns" ASSEMBLYME~IBER COOPER ~IOVED FOR ADOPTION OF RES. 79-16. Mrs. Douglas stated the third "$fhereas" states the records are not useful for any purpose and wondered if this ~as true. She stated at this time she would hesitate to have an)' record destroyed when some should possibly be retained because of law suits. The Clerk reported the assembly adopted a resolution providing for retention schedules and this is the beginning of the disposal in agreement with that schedule. The statute of limitations on these particular records is 6 years. Nr. Douglas stated Res; 78-115 did not state that if legal action was pending, the material would be retained and she - 10 - KENAI PENINSULA BOROUGI! ASSE~IBLY REGULAR ,~IIiETIN{; MINUTES FF, BRUARY 20~ 1079 PAGt.'. 11 THEREFORE MOVED TO TABLE RES. 79-16 UNTIL Till: AI}~.IINISTRATION COULD CtiECK THE MATERIAL TO ASCERTAIN NONE OF Till". RECORI}S ARE INVOLVED IN LAIV SUITS. THE TABLING MOTION FAILED BY A VOTE OF 47 "YES" 97 "NO. VOTING FOR TABLING WERE FISCilER, MARTIN, MOSES, DAVIS AND DOUGLAS. Mr. Hille stated if there is legal action pending o- coming up, the specific records would change category and be trans- ferred from the department involved to the legal department. QUESTION SVAS CALLED AND TIiE RESOLUTION ADOPTED BY A VOTE OF 135 "YES" TO 9 "NO"; Douglas voting "No". (d) Res. 79-19 Deleted from the Agenua (e) Budgeting and Selection of Assemblymembers at Conferences (Cooper) Mr. Cooper reported this subject was placed on the agenda tonight as certain assemblymembers had requested attending the NACo conference in Washington, D.C. The clerk was to check on the assembly's travel account. It appears that the assembly will overrun the travel budget this year. ASSEMBLY)IEMBER DI)~iICK MOVED TO SEND PRES. ELSON TO TIIE WASIIINGTON D.C. NACo MEETING IN MARCh, Some assemblymembers believed the conferences were of great value to the assembly and more than one member should attend. Mr. Fischer requested ~r. Davis read into the record his report on the Western Interstate Conference NACo held in Hawaii. This report is not included in the minutes because of its length, but is available in the clerk's office. Mr. ~avts stated he would support the designation of an assembly- member to serve as a permanent representative to all fACe meetings and conferences with appointment made after each election. Mr. Fischer stated he would agree with ~r. Davis that the assembly should not send a large delegation. But this period of time seems critical. People have requested the assembly to adopt resolutions with "teeth in them". Ne c;-n pass these resolutions which get nowhere, ltere we have a situation ~here the regional association has publicly opposed the Antiquities Act and he believed this body can be effective in making this the national feeling. Because of this he believed the assembly should send more than one person to lobby. Mr. Corr stated he was willing to attend. The V-2 issue is of importance to the borough and having several representatives present in ~ashington would be of great benefit. Mr. Campbell believed the importance of these meetings warrant the lobbying effort and the meeting in ~ashington, II.C. will be of great importance to this borough. Hrs. Elson asked the assembly to make a decision on ~hat they wish to do. ASSEMBLYME~BER )IARTIN MOVED TO kMEND THE MAIN MOTION TO SEND Tile PRESIDENT AND 2 MEMBERS TO ~ASIIINGTON, D.C. FOR TIlE NACO CONFEREKCE FOR LOBBYING AND THE TRAVEL FUNDS TO COME FROM Tile ASSEMBLY BUDGET AND BE SUPI'LIiMENTED IF NECESSARY FROM CONTIN- GENCY FUNDS. - 11 - KENAI I'I!.~;INSIIJ,A I;OROIJ(;II ASSI!tlBI0¥ RIiGIH,AP, ,~IIiF,'I'IN(; MINU'I'I!S I:I!IIRIL'd~Y 20 1079 ~ I'A(;E 12 .~!rs, l)iJ~.,ick stated the people attending these Colll'orelJcos should have well prep:ired testimony based on facts ia order to be effective. Hr. Fischer stated the assembly needs to have some rules of l~rocedure that address the issue of who atteuds meetings and who determines hm~ the assembly travel ~noney is spent. .kSSE~II~LYSII~MiU~R DAVIS NOVEI~ TO A~.IEND TIlE A:.II~NDSIENT TIIAT ANY .ISSEHIII,YY, E}IBIiR I~'ISIIING T() (;O TO I~'ASIIIN(;'I'ON IqllO FEELS lie OR SllE IS QUALIFIEI), PUT 'rill!IR N.U. IE 1:4 A IIAT A~;i) SEE KIIICll ONES GO. QUI!STION ILlS CALI,I;I) O:; Till; A~II:NI)HI;NT TO TIlE A31ENI)MENT lflllCll FAII,E'.) BI' A VOTE OF 36 "YES" TO I08 "~O"; favoring the motion ~ere Fischer, Long, I. lartin and Davis. QUESTION i~'AS CALLED ON TIlE AMIiNi)~.IENT I~ilICll PASSED U}IANDIOUSLY, QUESTION I~AS CAI, LEII O~g TIlE MAIN blOT}ON AS A:.IliNDIiI} AND THIi 5IOTION PASSED IINANIHOUSLY, Pres. Elson appointed :Ir, Corr and 51r. Ambarifln to attend the lYashington, D.C. conference and in order to save funds requested they share a hotel room. ASSE~.IBLYMEMBER }lILLE HOVED TO TRANSFER $4~500 FRO~I ASSEMBLY CONTINGENCY TO ASSEI, IBLY Ti~WEI, A;4D TIIE I. IOTION L~'AS U:~,~.qD. IOUSLY APPROVED, (f) l~'aiver of Penalty and Interest; 6ary Ov~rson, Parcel No. 169-101-2900 ASSE~IBLYI, IEMBER DI~,~HICK HOVED TO I~'AIVE TIlE PENALTY AI{D INTEREST FOR GARY OVERSON AND TIlE AIOTION FAILED BY A VOTE OF 9 "YES" TO 135 "SO"; favoring the ~aiver was Corr. (g) 1Salver of Time for Filing Senior Citizen ~xemption; John lt. tlowarth, Parcel No. 119-i00-2100-2. ASSEHBLY}.IE~IBER DI/.DIIC[ IlOV~D TO 15AIgE TIlE TIHE FOR FILI~6 FOR SENIOR CITIZEN IIO:~'ARTII AND TIlE 510TION PASSED UNAIIIblOUSLY. (h) Tax Adjustment Requests ASSEIlBLY}IIiMBE~ COOPER MOVED TO APPROVE TIlE TAX ADJUS~IE~T REQUESTS AS PRESENTED BY TIlE ASSfS5I~6 DEPT, AS FOLLONS: 1973 Total Deletions 1978 Total Additions 1977 Total Deletions 1977 Total Additions VOTE ~AS UNANINOUS, $178,815 106,350 16,830 6,000 ~. MAYOR AND ASSEMBLY: C~IENTS AND DISCUSSION (a) ~ayor Gilman; land conveyance/senior citizen exemption fir. Oilman reported the assembly has received final approval to about 28,000 acres £rom the State Division of Lands. About 25,000 of those acres are patented to the state. The borough must survey some o£ the land, but the balance of it the borough can receive patent in about 90 days. The ~ayor stated it is interesting to note that the Senior Citizen request for waiver of ti~e for filing tonight, also requested a waiver of time for filing of the $I0,000 exemp- tion, which is too late for this year. llowever, if there are dual filings, it may be the state will refund the $4S.00 on the senior citizen applications, This will be checked into, - 12- KENAI PENINSULA BOROUGH ASSE~IBLY RI:,GULAR MEF. TING bilNUTt';S FEBRUARY 20~ 1979 PAGE 13 (b) Mr. Fischer; assembly travel budget He thanked the assembly for the unanimous vote to send members to ~ashington D.C. lie requested the attorney draft a resolution or ordinance whereby the assembly would set aside.at budget time a certain amount of money to be used for this type of thing and subject to approval of the assembly. And also if any particular office can expend money it should be spelled Out. {c) Mr. McCloud; Ord. 79-4 and 79-5 tie expressed appreciation for the ordinances as this provides tho cities s~me ye:ce in their own planning. (d) Nrs. Dimmick; proposed ordinances She expressed appreciation for ~Irs. Douglas' comments believing that in between crisis time is the proper time to take care of ordinance deficiencies. She requested the attorney draft an ordinance governing the bidding procedure. Even though it may be covered to some degree in some ordinance, it should all be spelled out. Also a separate ordinance or the same ,:ne to address small amounts of money that are put out on contract basis without bid, or any amount of money on a selection of a contractor. She hlso wanted to mention there is a hearing by the llerchant Marine Mouse Committee in Fairbanks next week. This is an opportunity for people £rom this body who feel they are quali- fied to testify on the land issue to do so ~ithout leaving the state. Mrs. Dimmick believed someone who can provide well prepared testimony should attend. (e) Mr. Campbell; llotion ASSEMBLYMEMBER CAMPBELL MO~ED TO INSTRUCT T[|E MAYOR TO CONTEST TME CENSUS FIGURES OF JULY 1978 PARTICULARLY IN REGARD TO SEI~ARD AND KENAI AND SEE IF THERE IS SOIIETHING TIIAT CAN BE DOLCE. ASS£MBLYMEMBER DAVIS MOYED TO REFER THE CENSUS REQUEST TO TIlE LOCAL AFFAIRS COI~IITTEE. ~r. Cooper stated there is a time limit on protesting a census report and this motion to refer to committee ~¢ould in effect kill the main motion. OUESTION IVAS CALLED AND TIlE IlOTION FAILED BY A ¥OTE OF 18 "YES" TO 126 "NO", Fischer and Douglas voting affirmatively. QUESTION WAS CALLED OM TIIE ~IN MOTION ~{ICIl PASSED BY A VOTE OF 117 "YES" TO 27 "NO"; Long, Arncss and Davis voting nega- tively. Mr. Campbell reported attending a ~orkshop on the Federal Energy Conservation Act regarding special programs for asses- sing public buildings. The more particular category regarding conservation of energy in schools and hospitals. The bulk of funds are earmarked for upgrading energy conservation measures, lie requested the public ~¢orks procure this type of information to be considered in this area. (f] Mr. Martin; building use policy lie asked if there is any policy for renting public buildings or tax supported buildings, lle requested this information be made available for any borough owned building. KI!.~L\ [ I'I!NIN,'-;III,:~ I~()ROIR;II A,";$1iMBLY RI~(;IH,AIt MIiETING ~.IINIJTI~S I:I!BI~IJARY 20, 1979 PAGF, 14 On the census report lie wondered if tlre city counts are not accurate then tile remote are;to III;.IV also not bo accurate and he did not know if there was a w;,~' to request a recount on that as well. (g) Mr. Arness; 11 ,~ T program ,\ddressing :.Ir. Long, he stated in tile bi-weekly newsmagazine Mr. l.ong as Chair~nan of the Roads aad Trails Co,,mittee is quoted as saying "l~'e have set a priority of getting people out of the mud before putting them in Cadillacs". ~Ir. Long feels that with its limited resources tire borough should concentrate on ,lelg road construction and bring other roads up to a level of gravel before paving already useable roads. 3lr. Arness stated bents checked the priority list and finds that the ~liller Loop and Lamplight Roads have been removed. It has been consistent when a road goes on that list it works its way to tho top. lie expects these roads to be put back on the list. tlc was told by the borough the)' were removed because the state has said they will be put on the Safer llighway List. tie called thfi state and they have informed him this is not true; that any work done on these roads will be done by the Local Service Roads and Trails Program. Hr. Long stated the request made by bits. MacGahan was to pave the roads and he believed that the borough should consider · basic work first. The committee will bring its recommendations to the assembly and it will make the final choice on which roads will remain on the list. 31r. Long reported the next Roads and Trails meeting will be February 23 at 4 p.m. (h) Pres. Elson expressed appreciation for ~r. Davis' report on the NAGs Convention. PUBLIC PRESENTATIONS (a) Harry Scott llanmon; government Nr. Hammon reported in his opinion this assembly is most sincere and honest and he wished he could say the same about the federal and state representatives. People are getting further away from the Constitution. There are powers controlling the federal government that are trying to by-pass and do away with the Constitution by means of regional government which Pres. Iixon established and designated the 10 Districts to take the place of the strte. The only sovereignty government has is from the several sovereign states and the Constitution is the working agreement. The federal government was established as an agent to serve the states. The states gave certain spec- ific, limited powers to the federal government. Today that government is trying to put limits on the states. Someho~ people seem to get this backwards. He read a portion of Art. 6 of the Constitution and then read portions of the 9th and 10th amendment to the Bill of Rights. Because of the length of the presentation and these minutes this presentation will not be fully covered. O. INFOR,MATIONAL blATER1ALS AND REPORTS Pres. Elson called attention to the various minutes and correspondence in the packet and noted that a number of liquor - 14 - 9.9 KENAI PENINSUI,A BOROUGII ASSEMBLY REGULAR MEETING MINUTES ~EBRUARY 20~ 1979 PAGIi 15 license renewals are included 'in the packet. Renewals noted without objection: Inlet View Bar a,td Liquor Store, Ninilchik. Ronewals objected to because of delinquent taxes: Bob's Kenai Lake Lodge, Cooper Landing Clam Shell Lodge, Clam Gulch The Decanter Inn, Kasilo£ Summit Lake Lodge, Moose Pass Pines Bar and Motel, Morth Kenai Sportsman Lodge, Cooper Landing Pat's Place, Kalifonsky area P. NEXT MEETING Pres. Elson reported the assembly will meet in special session February 27 for the "Fire Service Area llearings" and again March 6, 1979 in Regular session. Meeting adjourned at 12:30 a.m. Date Approved March 6~ !979 ATTEST: - 1S- 't