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1980-12-17 Council Packet
Kenai City Council Meeting Packet December 17, 1980 ■ ■ E 1 :A*iX*A KLIMt,QtilrCOifN�,-.I�AtI1,AlIM�TtNp , ... oEC�1�EAttiNO KON WETLANp WORKtNd Liii�UP dlsousNon wftA ColtncN srtd Nsrio►CanNNssicn , -. - B., PLfBLiCMEAq,(I"KLS , 1.O►dban0�i31d0•APOroO�l�tlnOMo�if►forlind . . " Ssrvlopl17,000 . . � A�LIquaLJasnWLaFLtsts ':�; , , a R«MwrotugAorucents-1900O donP rrwb.. �. Mip?o�+wrnt(+rol.aa-R.a�ialorsw. F, oLaeusarEss " .- . . 2 MonfsrEMct►Jc=undsrQrOwiOPowMLL!ws �� a �«nAnaaw,-coeaot�o►4iwMrr�pnn«n Orcposq - v. NEWBU8IMEW 7• R�soWfbnlQl6i�Authogt�npAwsN.ofBtd• Mlcrof(kn8�rpfin•Eartm�nKodik-it1�16 • grioNitloniD iO�Tianstaoi�uib�-Prowl" AOdtttoiwMonMstaPurchwsndOswlopmsnt ,. MMlaottlm•!$�db . a.l. RliOt�tNo11D0170•Tnrlst�rOf f;fjr,&. P_ro" MoM AQdlticny K W Oropralon o/ c4%*o kw 00 o"ImaPSAWtgLopklaurj.$M -,: -10, i0s17t•/CwsrArrt6k!•141ZYsrdLlWnp . -THIS[-Ai�aBvi�i�nAc�-fdOmt ;. %Now �grogwp.•i�T�u¢o _ 1Z.lMidkrtlD�AiO�l7!•Air�CdrtpBMkrTitrpigna - A . AwOKRtpn IC44 Tmww of Folds • WSW and ��G�41bn8d•ltA00 =''� is"Rs1�oNAkfiti6��i7•ArYifrOofCaiMlctioi _ Pik!!�DN9o.M�afManlliwf�r8rc��' '. �.TrsnsALtiksnbpi��soeiiip � !� Rrtoifittond4`175•Aw�rdTnpCantriictta - TsiiLn� LlN�n=TMMrsr,LsrtonAWslksr-Mike:' . �•1!."iloioluflolj�i7A,AWOnQinpCorWSCttor•j i Ouiy�•Uwa.illoo .%*IC4 i son 17. Nsooi�tonL14t7A•iLoaaMpcon�t�onor+:ane- framHarnld/�,� . -�1d".'AMotuttona4tTl�GNNOSpscLIEIKYio1►fa � , - �+m0oitotlia�llBaettsrbor- .._ - - „r aJ � AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 17, 1980 KENAI WETLANDS WORKING GROUP - Discussion with Council and Harbor Commission .: PLEDGE OF ALLEGIANCE A. ROLL CALL d - - AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 631-80 - Appropriating Money for Land Management Services - $17,500 2. Renewal of Liquor License - La Fiesta j 3. Renewal of Liquor License - Italian Garden j Pizzaria i-c►+c t s 4. Capital Improvement Projects -Request for _ - State Funding C. PERSONS PRESENT SCHEDULED TO BE HEARD i a D. MINUTES 1- 1. Regular Meeting, November 5, 1980 u 2. Regular Meeting, November 19, 1980 _ 3. Regular Meeting, December 3, 1980 --,y 17 a. Two Partial Translations, December 3, 1980 E. CORRESPONDENCE F. OLD BUSINESS '.t.. 1. City Manager Questionaire i 2. Homer Electric - Underground Power Lines r 3. Jerry Andrews - Contract for Land Management 1 Proposal G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 c/3. Ordinance 632-80 - Amending KMC to Clarify Employee Leave Hours Requirment /4. Ordinance 633-80 - Increasing Rev/Appns - i General Fund - State Library Grant - $1,700 System, New City Ordinance 634-80 - Telephone ` Hall - $25, 000 I 1 J Ordinance 635-80 - Engineering CEIP Streets, 1980 - $31,600 Resolution 80-168 - Authorizing Award of'Bid Microfilm System - Eastman Kodak - $11,545 Resolution 80-169 - Transfer of Funds - Provide Additional Monies for Purchase and Development of Microfilm - $2,955 Z9. Resolution 80-170 - Transfer of Funds - Provide Additional Monies for Preparation of Capital Improvement Packets for Legislature - $800 Resolution 80=171 - Award of Bid - 10-12 Yard Dump Truck - Alaska Sales & Service - $50,008 ;Z0 1. Resolution 80-172 - Award of Bid - Diesel Tractor - Craiq'Taylor Equip. - $12,025 ✓42. Resolution 80-173 - Awarding Bid for Telephone VI!(System - Glacier State - $25,000 3. Resolution 80-174 - Transfer of Funds - Water and Sewer, Section 36 - $1,600 ,--14. Resolution 80-177 - Award of Contract for Engineering Inspection, Water and Sewer, Section 36 - Trans Alaskan Engineering ✓15. Resolution 80-175 - Awarding Contract for Engineering Design - Tinker, Lawton & Walker - Mike Taurianinen VL. Resolution 80-176 Awarding Contract for Engineering Design - Main St. Loop - � Wince, Corthell & Bryson �/17. Resolution 80-178 - Accepting Donation of Land from Harold A. Daubenspeck 8. Resolution 80-179 - Calling Special Election for Citizen Support of Small Boat Harbor 19. Quality Asphalt - Change Order #2, Public Safety Building Parking Area - $6,000 20. Pay Estimate #3 - Coastal Inc. - Airport Electrical - $16,045.86 21. Cemetary Maintenance Contract - Tim Wiesnewski 22. Spur Highway Developmennt- Gusty Subdivision 'H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk--0►,1+� S. Finance Director 6. Planning & zoning 7. Harbor C,Qmmission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT I 4 f I I r� COUNCIL MEETI Ko� ice'—/7- YU WIT, =� r.�n�r,►u,9r�m�� ►�am�o� CJ�l7�J��il9L9�t9��F9�9�I� �It+I �rI�R1�i1P/171�Ji71719�'IPI �IL7rI�'I f�■f���■r■I�rr�r __ ■lug w COUNCIL MEETING OF tv CA C.A l7�Il7P/�{7f7L7�IgL'J�Im19�il�IBl7� an' aw�1�I17�9�7�I�/170�CI�II7PI�I�iL7PIP li��'IriL9r�It717/7{767P���I17[7 L7l'It917C1 tJ�7�IL7�IP11'/�1l7rIt7 i"�I��f��r I�■I�I�M■rl�■r■1� ` / .._ „,.. ... ;,. .. ; ..a� . , .. *', YMWr.+rrr_ _ ai.w._rr��*.v. r. .a. _ .� � ,...f.:..�::. � fi :�+;, j .- � �� `� i -- � \\ , - �.`* t \ ..' \\ \ \ \ \. �\ ` ., \ � v I [ — -- '-✓ j .4 � i •. — i �. . � �. I x • � r ��_ � i . � ` ;' � �_ 1 MEMORANDUM State of Alaska To: Keith Schreiner, USFtJS DATE: December 8, 198ri Col. Lee Nunn, COE Robert McVey, NMFS FILE NO. 1561.1 James Sweeney, EPA Ernst Mueller, DEC TELEPHONE NO: 465_3540 Ron Skoog, DFG Robert LeResche, DNR SUBJECT: MOP. for Kenai Wetlands Al project FROM: Murray R. Walsh, Coordina Office of Coastal Management The Office of Coastal Management has prepared a fourth draft of the Memorandum of Agreement (MOA) for the Kenai Uetlands planning project. This version of the MOA incorporates revisions agreed to by all parties at the Kenai Wetlands Working Group meeting on December 4 and should be acceptable to all parties. As previously indicated, we are seeking by December 15 a statement of your commitment to sign the ?IDA. A status report on whether the project will take place will be presented to the Alaska Coastal Policy Council at its meeting on December 17 in Anchorage. A copy of the agenda for that meeting is attached. lie will also be presenting a status report on the project to the City of Kenai Council at a work session scheduled for 6-7 PM on December 17, in Kenai. You or your representative would be welcome at both meetings. We hope to receive your response on the ?IDA by December 15. Please feel free to contact me or Amy Kyle of OCM staff if you have any questions. Attachments • e - 1 I a I� I I Kenai Wetlands Working Groua Distribution List Lance Trasky, Alaska Department of Fish and Game, Anchorage Debra Clausen/Bill Donaldson, Alaska Department of Fish and Game, Anchorage Glenn Akins, Alaska Department of Environmental Conservation, Juneau Rikkf"Fowler, Alaska Department of Environmental Conservation, Anchorage Roger Allely, Alaska Division of Geological and Geophysical Survey, Anchorage Ike Waits/Carol Wilson, Alaska Department of Natural Resources, Anchorage Larry Reeder, U. S. Army Corps of Engineers, Anchorage Bill Lawrence, U. S.. Environmental Protection Agency, Anchorage Robert Bowker, U. S. Fish and Wildlife Service, WAES, Anchorage Jon Nickles, U. S. Fish and Wildlife Services, 41AES, Anchorage Nancy Hemming/Brad Smith, National Marine Fisheries Service, Anchorage Mark Stephens/Roger Maggard, Alaska Division of Community Planning, Anchorage William Brighton, Manager, City of Kenai Vincent O'Reilly, Mayor, City of Kenai Gary Davis, Kenai Advisory Harbor Commission Phil Waring, Planning Director, Kenai Peninsula Borough, Soldotna Kramer, Chin and Mayo, consultants to Kenai Peninsula Borough Lisa Speer, National Wildlife Federation Jim Caruth, U. S. Armyy Corps of Engineers, Anchorage Stan Thompson, Mayor, Kenai Peninsula Borough, Soldotna Jim Sweeney, U. S. Environmental Protection Agency, Anchorage x sue..... --...-..a ... r.,-�J7. i.- ,.-,.� .. .._-.. .. .,:-�...i _ ..Gs..-. �� ........-..-.� .Y, ' Agenda December Regular Meeting of the Alaska Coastal Policy Council December 16-17 Aleutian Room, Anchorage Westward Hotel Anchorage, Alaska December 16, 1980 - Tuesday 9:00 am Convene A. Call to Order - Introduction - Elect Public Member Co -Chairman, B. Approval of Minutes. - C. Coordinator's Report - Approval of the Agenda. D. Proposed Regulations on District Adoption of District Programs PUBLIC HEARING. ' °. -E. Proposed Regulations for SB562 - General Discussion. F. Action on District Requests for Extensions to Program Submittal Deadline. Adjourn for Lunch. , 1:30 pm Reconvene , G. Workshop on the Cordova District Program. H. (At 3:00 pm, specifically) Fina1•Action on the Skagway Program. Remainder of Tuesday -Unfinished items from earlier • on Tuesday. i 4:30 pm Adjourn for the evening. December 17, 1980-Wednesday - 9:00 am Reconvene is I. Designate Policy Council Representative to the Board of ' Forestry. J. Reduction of Local Match Requirement. . K. Wetlands Report - General. •.- -' L. City of Kenai Wefiands Project. U. i p• ,1 ., i • �� ' — - - - __ '. - ,�-. I •rtAW Zvi -y tww.r -- , M. Other Items as Requested. N. Set Date and Place ier January Meeting. T.. _... 0. Adjourn. Note: The procedure for agenda Items D thru N is as follows; • 1. Chairman declares the Agenda item to be properly before the Council. • 2. OC14 Report or Presentation. 3. Presentation by another party if arranged by OCM. 4. Council questions of OCht or other party if arranged.. 5. Public Comment and Question opportunity {or testimony for ' advertised hearings. 6. Council Discussion and Actions. ' e t) 1t. • 1 `. A_ i Ll .: Summary of the Alaska Department of Fish and Game's Proposed Kenai Wetlands Habitat Identification Study KENAI WETLANDS VALUES: The City of Kenai encompasses approximately 13,000 acres of wetlands within its City boundaries. Some of these wetlands are of well known importance to fish and wildlife populations. The Kenai River, Beaver Creek and adjacent wetlands are important rearing habitat for young coho, king salmon and newly emerged pink fry. However, it is not known precisely which wetlands within the City of Kenai are used by salmon for rearing or which wetlands are of greatest value for salmon rearing habitat. Some wetlands within the City limits are also seasonally important ` for waterfowl. For example, wetlands immediately adjacent to the lower Kenai River provide valuable habitat for approximately 15,000 lesser snow geese that use the Kenai River Flats during their spring migration s to Wrangel Island, U.S.S.R.. It is known that sandhill cranes and Canada geese breed and rear young in the wetlands within the City, E however quantitative data has never been systematically collected concerning the importance to waterfowl of the numerous wetlands within the City of Kenai. Moose are the principal terrestrial mammals occurring within the City limits, with greatest utilization occurring during winter months. I f% i - Caribou have occurred in this area historically and were reintroduced at Watson Lake near Sterling in 1966. A key caribou calving and summer �? range is found in the wetlands directly north of the Kenai Airport. Since reintroduction, the Department of Fish and Game has monitored this herd. The Department hopes to conplete research on the caribou habitat - in the City of Kenai during the coming year. I -z- WETLANDS RESEARCH: Wetlands habitat research to date has concentrated on the Kenai River and wetlands immediately adjacent to the river. Resource information from this limited geographic area does not provide an adequate basis for making management decisions on many of the wetlands within the City. Wetlands resource values need to be identified throughout the City of Kenai. Once this information has been collected, permit and planning decisions can be made on the wetlands within the City of Kenai. Local government and private interests have a right to expect that wetlands management will occur in a predictable and consistent manner based on clearly established policies specific to their areas, just as State and ' j Federal agencies have a need to know the relative resource values of specific wetlands before existing laws and regulations can be effectively implemented. To help resolve this situation, the Department of Fish and 4 i Game proposes to undertake a wetlands habitat value identification � project which will address the site -specific wetlands habitat values within the City of Kenai. Habitat resource values will be identified f for specific wetlands within the City of Kenai using local expertise, e existing information, on -going USFWS Kenai River studies, and field observations undertaken during this study. Under the proposed study the Department will investigate, on an area wide basis, the seasonal abundance of mammals, birds and fish utilizing the wetlands within and adjacent to 11 the City of Kenai. Research will be conducted utilizing the most current scientific methods to insure a high degree of confidence in the results. Once habitat values have been identified for specific wetlands within - the City of Kenai, these wetlands areas can be managed according to their relative value. -- - -1 3- SCHEDULE: The proposed study is scheduled to be conducted over a one year period o beginning January 15, 1981, and ending January 15, 1982. Field work will begin in late winter and continue through late fall 1981. Class- ification of wetlands into areas of high, medium and low Importance, and development of management recommendations for these wetlands will occur after field observations have concluded. COORDINATION: A vital aspect of this study will be maintaining communication between the Department of Fish and Game, other involved State and Federal resource agencies and the City of Kenai. Because the ultimate purpose in under- taking this wetland habitat value identification project is the suc- cessful development and application of a wetlands management plan for the City of Kenai, communication among resource agencies and the City of Kenai will continue to be one of the Department's priorities throughout the duration of this project. s. Fourth Draft Memorandum of Agreement Prepared by OC14 5 December 1980 i Memorandum of Agreement for Kenai Wetlands Planning Project between _ Kenai Peninsula Borough City of Kenai U. S. Army Corps of Engineers U. S. Environmental Protection Agency U. S. Fish and Wildlife Service j� National Marine Fisheries Service Alaska Department of Environmental Conservation Alaska Department of Fish and Game Alaska Division of Policy Development and Planning Alaska Department of Natural Resources 'f i i. s.. o_ I w i 'r This Memorandum of Agreement (MOA) is between state and federal agencies with authority over wetlands within the City of Kenai, as outlined in Attachment A, and the local elected governments of the City of Kenai and Kenai Peninsula Borough. This MOA formally commits the signatory parties to agree on a work program, participate in the development of a wetlands management plan for the wetlands within the City of Kenai, and to use the plan as the basis for permit review and planning decisions, to the extent allowed by law. the project outlined in this MOA is sponsored and funded through the Alaska Coastal Management Program, which includes the Kenai Peninsula Borough, the City of Kenai, and the State of Alaska. Partial funding for biological studies is provided by the U.S. Fish and Wildlife Service. Preamble Wetlands are resources of local, state and national concern and have been recognized by the U. S. Congress as possessing important ecological and hydrological values. The U. S. Congress has mandated, through Section 404 of the Clean Water Act, that important wetland values and functions be protected. Congress has required that federal permits be obtained prior to discharge of dredged or fill materials in wetlandsl and other waters of the United States. A high percentage of the land within the City of Kenai is wetlands and falls under the federal jurisdiction of the Clean Water Act. There is currently interest in development within the City of Kenai. Conflicts over the proper management of the wetlands within the City of Kenai have emerged. The Alaska Coastal Management Program offers an opportunity for resolution of conflicts and exploration of alternative ways to accommodate development while preserving the important functions and values of wetlands. A cooperative planning process, based on information on the resource values of the City of Kenai wetlands, and involving all interests, has the potential to balance resource and development needs and resolve conflicts. A plan for management of the City of Kenai's wetlands developed under a cooperative process could provide the following benefits: 1. Greater pradictability in the permitting process. 2. Shorter review periods for individual permit applications. 3. Identification of any areas within the City of Kenai where certain kinds of development could proceed under general permits2 under the 404 program, where such development would be appropriate and compatible with the needs of the City of Kenai. -1- - - -- - - - - -�-- __- . � • Win. <�,r.-,.....�...-.--.___ .. ...�,.;.,�.� 4. Accommodation and appropriate siting of the primary development needs of the City of Kenai as demonstrated through the planning process. 5. Assurance of protection of valuable natural resources associated with wetlands. 6. Potential for local government to use the plan as the basis for a program of land trading or other efforts. The goals and benefits of this project are consistent with two of the primary goals of the Alaska Coastal Management Program: protection of important wetlands values and functions, and resolution of conflicts between competing uses of the coastal zone and different layers of government. The Kenai wetlands planning project will include two phases, which will overlap in time. Phase One will involve the collection and analysis of data on the Kenai wetlands. Phase Two will consist of the planning and conflict resolution process. Phase One: Data Collection Introduction Each of the state and federal agencies that are parties to this MOA has specific authority and responsibility for making determinations about wetlands values, as outlined in Attachment A. Information needed for these determinations has to date been obtained on a case by case basis from applicants and through agency investigations. Before agencies can participate in a planning process, each agency must have a means of obtaining basic information about the wetlands functions and values that fall under its jurisdiction. One of the purposes of this project.is to obtain this needed information. An interagency working -group has identi- fied the topics for which information is needed and agreed upon work plans to provide this information. Ecological, biological and hydrological values are addressed. In addition, an assessment of the development needs of the City is needed." Points of Atreement: 1) The area included under the studies and planning process is the wetlands within the corporate boundaries of the City of Kenai. 2) The Alaska Department of Fish and Game agrees to carry out the work outlined in attachment B, pertaining to use of the City of Kenai wetlands by mammals, birds, and fish, with funds provided by the Alaska Coastal Management Program (ACMP). 3) The U.S. Fish and Wildlife Service agrees to carry out the work outlined in attachment C pertaining to habitat values of the City of Kenai wetlands, using funds made available by the U.S. Congress. -2- FJ 4) The Department of Natural Resources agrees to carry out the work outlined in attachment D pertaining to the hydrology of the Kenai wetlands, with funds provided by the RCMP. 5) The U.S. Army Corps of Engineers, in conjunction with the Environ- mental Protection Agency, agrees to designate the areas that fall under its jurisdiction. 6) The five entities mentioned in points 1-5 further agree that results of these studies will be made available to the planning group by January 15, 1982, in a format that the group specifies. The agencies will regularly inform the City of Kenai and the Kenai Peninsula Borough of their activities and assist in preparing materials needed for a public information program. 7) The state and federal parties agree that a water quality study should be conducted. 8) The state and federal parties to this MOA agree that the infor- mation to be supplied through studies outlined in this part (sup- plemented as desired by any information obtained by any agency using its own resources) will be sufficient for the purposes of the planning process outlined and agreed to in this MOA. All state and federal parties agree to participate in the planning process on the basis of the information available at the completion of studies outlined in this MOA, unless the planning group mutually agrees that collection of additional data is required before or during planning process. 9) The City of Kenai and the Department of Natural Resources agree to investigate and assess the development needs for the City of Kenai. Part Two: Planning Process Introduction The planning process to be followed by the parties to this 140A is intended to resolve conflicts over management of the wetlands of the City of Kenai. The process must incorporate and balance competing interests. The goal of the process is to achieve a plan acceptable and implementable by all parties to this MOA. Points of Agreement: 1) All parties agree that Kenai Wetlands Planning Group, consisting of one representative and one alternate from each party to this MOA, will be convened within 30 days of the signing of this MOA. The group will undertake the project outlined herein and as further defined by the group. Each representative and alternate shall be appointed directly by the person who is empowered to sign this MOA. 2) All parties agree that the Planning Group will define the role of a consultant to coordinate and mediate the planning process. The group will undertake steps necessary to hire the consultant. -3- i 3) All parties agree to employ their discretionary powers to reach agreement on a plan and agree to participate in negotiations and mediated sessions, if necessary, to this end. Parties will pri- marily address areas for which they have expertise, responsibility, and legal authority. 4) All parties agree that specific agreements in the planning process will be made by consensus, meaning that no decision maybe adopted while any one of the parties to this MOA objects to it. 5) All parties agree that the Planning Group will complete its tasks in a sequence and under a timetable agreeable to all parties. o) All parties agree that the full involvement of the public, private interest groups, and other government agencies with responsibilities relevant to the study area will be provided for at every stage. The Planning Group will incorporate and address as many concerns as possible and advisable. 7) All parties acknowledge that provisions of federal regulations provided for in Section 404 (b) of the Clean Water -Act will be applied during the planning process. This currently involves consideration of alternatives to development in wetiands,'water- dependent and water -related uses, and unacceptable adverse effects on aquatic resources. 8) The state and federal parties agree that every reasonable attempt will be made to accommodate the development needs of the City of Kenai, within the limits of law. 9) The state and federal parties agree that there will be no moratorium on 404 permit reviews during this project. 10) All parties agree that the wetlands management plan will provide the basis for resource use decisions. Permit applications will be reviewed for consistency with the plan. Those activities which are consistent will normally be approved while those that are not consistent would probably be denied. The parties recognize that stipulations designed to minimize adverse impacts of projects will often -be added during permit review. The plan by itself will not provide the legal.authorization or denial of a project nor will it supersede regulatory requirements or other legal authorities. 11) The City•of Kenai and the Kenai Peninsula Borough express their intention to incorporate the wetlands management plan into their planning and zoning measures. 12) All parties agree that the wetlands management plan will include procedures for amendment. -4- 13) All parties agree that the Planning Group will undertake the tasks included in the following list. The Group may alter the tasks, through consensus decision. The Planning Group will: 1) Prepare and adopt a public participation program. 2) Define the format for presentation of information on•resource values collected pursuant to.this MOA. 3) Determine the criteria for identification of planning units for the Kenai wetlands and divide the Kenai wetlands into such units as advisable. 4) With available information, develop criteria for assessment of the relative resource and natural values of the Kenai wetlands. 5) Classify wetlands within the City of Kenai into categories of natural value, according to the criteria developed in step four. '6) The City of Kenai and the Kenai Peninsula Borough will identify, through public involvement and the local decision -making process the land use needs of the City of Kenai. The group will decide which projects it believes to be water dependent, water -related, or not water -related. 7) Identify areas of the Kenai wetlands in which needed development can be located. 8) Prepare recommendations for appropriate management of the Kenai wetlands. 9) Prepare detailed recommendations for enactment of the plan by the public and local state and federal agencies including how and to what extent federal and state agencies will use it in the permit reviews. 10) Develop mechanisms for amendment of the plan. y Footnotes - iFor the purposes of the Clean Water Act, wetlands are defined as "those areas that are inundated or saturated by surface of ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas." This definition is from Title 33, Part 322(c) of the Code of Federal Regulations. 2By regulation, the term general permit refers to "a Department of the Army authorization that is issued for a category or categories of dis- charges of dredged or fill material that are substantially similar in nature and that cause only minimal individual and cumulative adverse environmental impact. A general permit is issued following an evaluation -==--- of the proposed category of discharges in accordance with the procedures of this regulation . . . and a determination that the proposed discharges will be in the public interest . " This definition is found at Title 33, Part 323.2(p) of the Code of Federal Regulations. • r w s ' _ I a 11 ATTACHMENT A LEGAL AUTHORITIES OF PARTIES TO THE MOA The parties to the flemorandum of Agreement for the City of Kenai Wetlands Planning Project have specific legal authorities that are, as a minimum, to be addressed during the planning process. State of Alaska i I Under the provisions of the Alaska Coastal Management Act (AS 46.40.190) and Executive Order 54, all state agencies are to make planning and permitting decisions in accordance with the regulations of the Alaska Coastal Management Program (6 AAC 80) U. S. Army Corps of Engineers - Under Section 404(a) of the Clean Water Act (P.L. 92-500, amended by P.L. 95-217), the U. S. Army Corps of Engineers, acting in Alaska through the District Engineer, is empowered to administer the federal program for regulation of discharge of dredged or fill materials into waters of the United States and their adjacent wetlands. The Corps of Engineers (COE) is to consult with the U. S. Environmental Protection Agency (EPA) in its determinations and to apply the guidelines developed by the EPA in its decisions. Under federal regulation (33 CFR 320 and 40 CFR 230), the COE is to conduct a detailed review of each project and to consider many different factors. The COE is to conduct a public interest review. The COE is also to solicit and consider the comments of the public and of other agencies. Under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), the COE administers the permit program for structures or work in or affecting navigable waters of the United States. Under procedures outlined in federal regulation (33 CFR 320), the COE makes determinations on permit applications. U. S. Environmental Protection Meng -- Under Section 404(b) of the Clean Water Act, the EPA is responsible for preparing guidelines to be applied by the COE in its decision on permit applications. Under Section 404(c), EPA is authorized to prohibit the specification of any area as a disposal site, if certain conditions are met. EPA is also authorized to apply guidelines developed under 404(b) and to consult with the COE on the outcome of their application. EPA must consider numerous factors related to the needs for a proposed project and its probable impact on aquatic resources. T_ Fit, Alaska Department of fish and Game i Under the U. S. Fish and Wildlife Coordination Act, the state agency responsible for wildlife management, along with the USFWS, is to submit -'1 convents to the COE on the probable effects of proposed projects for which federal permits are required on wildlife. Under Title 16 of the Alaska Statutes, ADFG reviews and makes determinations on proposed activities affecting anadromous streams. Kenai Peninsula Borough Under Title 29 of the Alaska Statutues, the Kenai Peninsula Borough may adopt zoning ordinances that restrict "land use, building locations and size . . . the percentage of a lot which may be covered, size of open spaces, population density and distribution (29.33.090(b)). City of Kenai T -- The Planning and Zoning Commission of the City of Kenai has been delegated the power to prepare zoning ordinances and comprehensive plans by the Kenai Peninsula Borough. Approval of ordinances and plans is by the Borough. --zs- v'r' L i U. S. Fish and Wildlife Service Under Section 404(m) of the Clean dater Act, the U. S. Fish and Wildlife Service (USFWS) is required to submit comments to the COE on proposed projects requiring a 404 permit.. Under the federal Fish and Wildlife Coordination Act, "whenever the waters of any stream or other body of water are proposed or authorized to be impounded, diverted, the channel deepened, or the stream or other body of water otherwise controlled or modified for any purpose . under federal license or permit, such department or agency shall first consult with the USFWS . . , with a view to the conservation of wildlife resources by preventing loss of and damage to such resources . . . ." National Marine Fisheries Service Under the federal Fish and Wildlife Coordination Act, as supplemented by the federal Reorganization Plan #4 of 1970, the National Marine Fisheries Service (NMFS) is to be consulted by the COE on federal permit actions under the same terms as USFWS. The Fisheries Conservation and Management Act of 1976 may also apply. Alaska Department of Environmental Conservation Under Section 401 of the Clean Water Act, the Department of Environmental Conservation must certify that the discharge will not violate applicable provisions of the Clean hater Act, state water quality standards, or other applicable state law. The conditions contained in the certification by ADEC become conditions to the COE permit, if granted. Under Title 46, Chapter 3 of the Alaska Statutes, as implemented by Title 18, Chapter 72.065 of the Alaska Administrative Code, ADEC must approve subdivisions and may attach necessary conditions to approved plans necessary to achieve appropriate provision for wastewater discharge. Alaska Division of Policy Development and Planning - Under the federal Coastal Zone Management Act of 1972, as amended, Section 307, no federal license or permit may be granted for a project within the coastal zone of a state with an approved coastal management program without the state's certification that the project is consistent with the state program. The Alaska Division of Policy Development and Planning (DPDP) currently provides this certification from the state, based on review of the standards of the Alaska Coastal Management Program and any applicable district program. Alaska Department of Natural Resources _ - (this section still to be completed) i j, i J i Iffi�iirir�. - ----d nllai---- JV1tIVIU AINIuuwr Jlale Of HiasKa � To: Kenai Wetlands Working Group QATL: November 24, 1980 ' (Distribution list attached) 16 FILE NO. t TELEPHONE NO: 465-3540 zq 1L1' FROM: Murray R. Walsh, Coordin for jpt, suo;ECT: KOA for City of'"v3 Office of Coastal Management Kenai Wetlands iA J Project a Attached is the third draft of the M- morandum of Agreement (1110A) for the City of Kenai Wetlands planning project. The revisions incorporated in this draft are based on written comments submitted -by the U.S. Fish and Wildlife Service, the national Marine Fisheries Service, the Alaska Departments of Fish and Game, Natural Resources, and Environmental Conservation. The coamentors suggested numerous changes to the second draft. A major concern was that the points of agreement under the PDA be made clear: A second major concern was that the explanatory and introductory material be clearly identified;as such.- To accorrmodate these two concerns, we have reorganized the MOA. The preamble outlines the background that has given impetus to this project. The 140A is still divided into two parts, corresponding to the two phases of the project - data collection and planning. Yowever, under each of these parts the introductory material has been drawn together. Please let us know, as soon as possible, if there are any remaining problems with the MOA so that vie can work them out. Please call me or Amy Kyle of OCM staff at 465-3540. The deadline for commitment by the agencies to sign the 140A is December 15. We will be providing the CoasW Policy Council with a full report on the progress of this project at its meeting in Anchorage on December 16 and 17. We also expect to meet with the City of Kenai Council on December 17. We look forwari to continued cooperation with all agencies in arriving at a mutually agreeable t10A and appreciate the past efforts of all agencies. cc: Mr. Robert McVey, Director, NIMFS t1r. Keith Schreiner, Area Director, USFUS Or. James Svieeney, Director, EPA A00 Col. Lee Runn, District Engineer, COE Commissioner Mueller, ADEC Commissioner Skoog, ADFG w • Kenai Wetlands Working Grou Distribution List Lance Trasky, Alaska Department of Fish and Game, Anchorage Debra Clausen/Bill Donaldson, Alaska Department of Fish and Game, Anchorage Glenn Akins, Alaska Department of Environmental Conservation, Juneau Rikki Fowler, Alaska Department of Environmental Conservation, Anchorage Roger Allely, Alaska Division of Geological and Geophysical Survey, Anchorage Ike Waits/Carol Wilson, Alaska Department of Natural Resources, Anchorage i Larry Reeder, U. S. Army Corps of Engineers, Anchorage Bill Lawrence, U. S. Environmental Protection Agency, Anchorage Robert Bowker, U. S. Fish and Wildlife Service, WAES, Anchorage Jon Nickles, U. S. Fish and Wildlife Services, WAES, Anchorage Nancy Hemming/Brad Smith, National Marine Fisheries Service, Anchorage Mark Stephens/Roger Maggard, Alaska Division of Community Planning, Anchorage William Brighton, Manager, City of Kenai Vincent O'Reilly, Mayor, City of Kenai Gary Davis, Kenai Advisory Harbor Commission Phil Waring, Planning Director, Kenai Peninsula Borough, Soldotna Kramer, Chin and Mayo, consultants to Kenai Peninsula Borough Lisa Speer, National Wildlife Federation Jim Caruth, U. S. Army Corps of Engineers, Anchorage Stan Thompson, Mayor, Kenai Peninsula Borough, Soldotna Jim Sweeney, U. S. Environmental Protection Agency, Anchorage r) 4 Third Draft Memorandum of Agreement Prepared by OCM } 24 November 1980 Memorandum of Agreement for Kenai Wetlands Planning Project i between -_ Kenai Peninsula Borough City of Kenai U. S. Army Corps of Engineers U. S. Environmental Protection Agency i U. S. Fish and Wildlife Service !' National Marine Fisheries Service Alaska Department of Environmental Conservation Alaska Department of Fish and Game I Alaska Division of Policy Development and Planning 'Jv Ci !Y(: 1 - l ,A 0 4 t I - - 0 Vo' 1 - � This Memorandum of Agreement (MOA) is between state and federal agencies with authority over wetlands within the City of Kenai, as outlined in Attachment A, and the local elected governments of the City of Kenai and Kenai Peninsula Borough„ This MOA formally commits the signatory parties to agree on a work program, participate in the development of a wetlands management plan for the wetlands within the City of Kenai, and to use the plan as the basis for permit review decisions. The project outlined in this MOA is sponsored and funded through the Alaska Coastal Management Program, which includes the Kenai Peninsula Borough, the City of Kenai, and the State of Alaska. Preamble Wetlands are resources of local, state and national concern and have been recognized by the U. S. Congress as possessing important ecological and hydrological values. The U. S. Congress has mandated, through Section 404 of the Clean Water Act, that important wetlands values and functions be protected. Congress has required that federal permits be - obtained for discharge of dredged or fill materials to many wetlands. A high percentage of the land within the City of Kenai is wetlands and falls under the federal jurisdiction of the Clean Water Act. There is currently pressure and need for development within the City of Kenai. Under the 404 permit program, conflicts over the proper management of the wetlands within the City of Kenai have emerged. The federal regulatory program offers little opportunity for resolution of conflicts and exploration of alternative ways to accommodate develop- ment while preserving the important functions and values of wetlands. A cooperative planning process, based on information on the resource values of the City of Kenai wetlands, and involving all interests, has the potential to balance resource and development needs and resolve conflicts. A plan for management of the City of Kenai`s wetlands de- veloped under a cooperative process could provide the following benefits: 1. Greater predictability and certainty in.the permitting process. 2. Shorter reveew periods for individual permit applications. 3. Identification of any areas within the City of Kenai where certain kinds of development could proceed under general permits under the 404 program, where such development would be appropriate and compatible with the needs of the City of Kenai. 4. Accommodation and appropriate siting of the primary development needs of the City of Kenai through the planning process. -2- �_ _... .._ ......�...,. +•..++..sc.. .-.. r�s�.-.�•.••v:�.•Asp:�I•.�►w.ds:As.n.�-..►a�....�+.r+'sArYr.TrI•�h.-.M;N�.w:O•� 5. Assurance of protection of high value natural resources. 6. Potential for local government to use the plan as the basis for a program of compensation to owners of wetlands that are recommended for protection. Compensation could be accomplished by direct payment, tax relief, land trade, or other means. The goals and benefits of this project are consistent with two of the primary goals of the Alaska Coastal Management Program: protection of important wetlands values and functions, and resolution of conflicts between competing uses of the coastal zone and different layers of government. The Kenai wetlands planning project will include two phases, which may overlap in time. Phase One will involve the collection and analysis of data on the Kenai wetlands. Phase two will consist of the planning and conflict resolution process. Phase One: Data Collection Introduction Each of the state and federal agencies that are parties to this 140A has specific authority and responsibility for making determinations about wetlands values during the 404 permit review process. The Alaska Depart- ment of Environmental Conservation also has specific authority for determinations under the subdivision approval regulations. Information needed for these determinations has to date been obtained on a case by case basis from applicants and through agency investigations. Before J agencies can participate in a planning process, each agency must have a means of obtaining basic information about the wetlands functions and values that fall under its jurisdiction. One of the purposes of this project is to obtain this needed information. An interagency working group has identified the topics for which information is needed and agreed upon work plans to provide this information. Ecological and biological values, hydrological values, and water quality values are addressed. Points of Agreement: 1) The Alaska Department of Fish and Game agrees to carry out the work outlined in attachment B, pertaining to use of the City of Kenai aletlands by mammals, birds, and fish, with funds provided by the Alaska Coastal Management Program (AC14P). 2) The U.S. Fish and Wildlife Service agrees to carry out the work outlined in attachment C pertaining to habitat values of the City of Kenai wetlands, using funds made available by the U.S. Congress. 3) The State of Alaska agrees to see that the work outlined in attachments o C and D pertaining to the hydrological and water quality values of the Kenai wetlands respectively, is carried out, with funds provided by the AC14P. -3- .l s �� 4) The U.S. Army Corps of Engineers agrees to map the areas that fall under its jurisdiction for individual permits. -� 5) The four entities mentioned in points 1-5 further agree that results of these studies will be made available to the planning group by January 15, 1981, in a format that the group specifies. The agencies will regularly inform the City of Kenai and the Kenai Peninsula Borough of their activities and assist in preparing materials needed for a public information program. 6) The state and federal parties to this 140A agree that the information to be supplied through studies outlined in this part (supplemented as desired by an information obtained by any agency using its own resources) will be sufficient for the purposes of the planning process outlined and agreed to in this MOA. All state and federal - parties agree to participate in the planning process on the basis of the information available at the completion of studies outlined ' s in this MOA, unless the planning group mutually agrees that collection of additional data is required before planning. Part Two: Planning Process Introduction The planning process to be followed by the parties to this MOA is intended to resolve conflicts over management of the wetlands of the City of Kenai. The process must incorporate and balance competing interests. The goal of the process is to achieve a plan acceptable and implementable by all parties to this MOA. r Points of Agreement: - _ 1) All parties agree that Kenai Wetlands Planning Group, consisting of ! one representative and one optional alternate from each party to this 140A, will be convened within 30 days of.the signing of this i MOA. The group will undertake the project outlined herein and as further defined by the group. Each representative and alternate shalt be appointed directly by the person who is empowered to sign thi s 140A. 2) All parties agree that the Planning Group will define the role of a - consultant to coordinate and mediate the planning process. The tf ' group will undertake steps necessary to hire the consultant. i; 3) All parties agree to employ their discretionary powers to reach agreement on a plan and agree to participate in negotiations and mediated sessions, if necessary, to this end. 4) All parties agree that specific agreements in the planning process will be made by consensus, meaning that no decision may be adopted Y.f while any one of the parties to this 140A objects to it. In cases where disagreements•must be mediated, each party will participate -4- 1 Y , F .. 0 0 in the consensus in terms of the legal authorities addressed in attachment A. 5) All parties agree that the Planning Group will complete its tasks in a sequence and under a timetable agreeable to all parties. b) All parties agree that the full involvement of the public, private interest groups, and other government agencies with responsibilities relevant to the study area will be provided for at every stage. The Planning Group will incorporate and address as many concerns as possible and advisable, to address legal authorities in addition to those contained in this MOA. 7) The state and federal parties agree that every reasonable attempt will be made to accommodate the development needs of the City of Kenai, within the limits of law. 8) All parties acknowledge that, as provided by Section 404 (b) of the Clean Water Act, discharge of dredged or fill material in wetlands under federal jurisdiction can be provided for in the plan only when it can be demonstrated that there are no practicable alternatives and that there would be no unacceptable adverse impact on aquatic resources. 9) The state and federal parties agree that there will be no moratorium or delay that would not normally be allowed in 404 permit reviews during this project. 10) All parties agree that the wetlands management plan will provide the basis for resource use decisions. Permit applications will be reviewed for consistency with the plan. Those activities which are consistent will normally be approved while those that are not consistent.will normally be denied. The plan by itself will not provide the legal authorization or denial of any regulatory require- ment or supercede other legal authorities. 11) All parties agree that the wetlands management plan will include procedures for amendment. 12) All parties agree that the Planning Group will undertake the tasks included in the following list. The Group may alter the tasks, through consensus decision. The Planning Group will: 1) Prepare and adopt a public participation program. 2) Define the format for presentation of information on resource values collected pursuant to this MOA. -5- 3) Determine the criteria for identification of planning units for the Kenai wetlands and divide the Kenai wetlands into such units as advisable. 4) With available information, develop criteria for ao.sessment of the relative resource and natural values of the Kenai wetlands. 5) Classify wetlands within the City of Kenai into categories of natural value, according to the criteria developed in step five. 6) The City of Kenai and the Kenai Peninsula Borough will identify, through public involvement and the local decision -making process the land use needs of the City of Kenai. The City will indicate which projects it believes to be water dependent, water -related, or not water related. 7) Identify areas of the Kenai wetlands for which development needs identified by the City of Kenai can be located when no practi- cable alternatives to development in wetlands exists. 8) Prepare recommendations for appropriate management of the Kenai wetlands. 9) Prepare detailed recommendations for enactment of the plan by the public and local state and federal agencies including how and to what extent federal and state agencies will use it in the permit reviews. 10) Develop mechanisms for amendment of the plan. -6- e -•. i r F . --- ATTACHMENT A LEGAL AUTHORITIES OF PARTIES TO THE 140A The parties to the Memorandum of Agreement for the City of Kenai Wetlands Planning Project have specific legal authorities that are, as a minimum, to be addressed during the planning process. U. S. Army Corps of Engineers - Under Section 404(a) of the Clean Water Act (P.L. 92-500, amended by P.L. 95-217), the U. S. Army Corps of Engineers, acting in Alaska through the District Engineer, is empowered to administer the federal program for regulation of discharge of dredged or fill materials into waters of the United States and their adjacent wetlands. The Corps of Engineers (COE) is to consult with the U. S. Environmental Protection Agency (EPA) in its determinations and to apply the guidelines developed by the EPA in its decisions. Under federal regulation (33 CFR 320 and 40 CFR 230), the COE is to conduct a detailed review of each project and to consider many different factors. The COE is to conduct a public interest review. The COE is also to solicit and consider the comments of the public and of other agencies. U. S. Environmental Protection Agency - 1 Under Section 404(b) of the Clean Water Act, the EPA is responsible for preparing guidelines to be applied by the COE in its decision on permit applications. Under Section 404(c), EPA is authorized to prohibit the specification of any area as a disposal site, if certain conditions are met. EPA is also authorized to apply guidelines developed under 404(b) and to consult with the COE on the outcome of their application. EPA must consider numerous factors related to the needs for a proposed project and its probable impact on aquatic resources. U. S. Fish and Wildlife Service Under Section 404(m) of the Clean Water Act, the U. S. Fish and Wildlife Service (USFWS) may issue comments to the COE on proposed projects requiring a 404 permit. Under the U. S. Fish and Wildlife Coordination Act, "whenever the waters of any stream or other body of water are proposed or authorized to be impounded, diverted, the channel deepened, or the stream or other body of water otherwise controlled or modified for any purpose . . . under federal license or permit, such department or agency shall first consult with the USFWS . with a view to the conservation of wildlife resources by preventing loss of and damage to such resources . . . ." Alaska Department of Environmental Conservation - °'� Under Section 401 of the Clean Water Act, the Department of Environmental Conservation must certify that the discharge will not violate applicable provisions of the Clean Water Act, state ►rater quality standards, or J i- l..< - . S. ems. N_.. sue. - — x,T -_ - __ - - r,-.- - - — Y -- ,r._• n applicable state law. The conditions contained in the certification by ADEC become conditions to the COE permit, if granted. Under Title 46, Chapter 3 of the Alaska Statutes, as implemented by Title 18, Chapter 72.065 of the Alaska Administrative Code, ADEC must approve subdivisions and may attach necessary conditions to approved plans necessary to achieve appropriate provision for wastewater discharge. , Alaska Division of Policy Development and Planning - Under the federal Coastal Zone Management Act of 1972, as amended, Section 307, - no federal license or permit may be granted for a project within the coastal zone of a state with an approved coastal management program without the state's certification that the project is consistent with the state program. --- -I The Alaska Division of Policy Development and Planning (DPDP) currently provides this certification from the state, based on review of the standards j of the Alaska Coastal Management Program and any applicable district program. - Alaska Department of Fish and Game - r I ' Under the U. S. Fish and Wildlife Coordination Act, the state agency responsible for wildlife management, along with the USFWS, is to submit comments to the COE on the probable effects of proposed projects for which federal permits are required on wildlife. f Kenai Peninsula Borough I � of Under Title 29 of the Alaska Statutes, the Kenai Peninsula Borough may adopt ` I zoning ordinances that restrict "land use, building locations and size . . the percentage of a lot which may be covered, size of open spaces, population ' density and distribution (29.33.090(b)). ') City of Kenai The Planning and Zoning Commission of the City of Kenai has been delegegated the power to prepare zoning ordinances and comprehensive plans by the Kenai Peninsula Borough. Approval of ordinances and plans is by the Borough. CITY OF KENAI ORDINANCE NO. 631-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA i INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1980-81 AIRPORT LAND SYSTEM BUDGET BY $17,500 FOR PROFESSIONAL SERVICES RELATING TO THE MANAGEMENT OF AIRPORT LANDS. WHEREAS, the City Council desires that the City enter into a contract with a professional consulting firm to provide services relating to management and planning of City lands and leases, primarily Airport lands and leases, and WHEREAS, the proposed contract is for $30,000 for a one year period, of which approximately seven months will fall in the 1980-81 fiscal year, and 71 WHEREAS, proper accounting practices require that all ' appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE „r CITY OF KENAI, ALASKA that the following increases in estimated revenues and appropriations in the 1980-81 Airport Land System Budget be made: Increase Estimated Revenues: Appropriation of Fund Balance $17,500 Increase Appropriationss Airport Land - Professional , Services $17,500 r. r PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd Day of December, 1980. VINCENT O REILLY, MAYOR ATTEST: FIRST READING-. December 30 1980 1 , SECOND READING: December9 1980 , EFFECTIVE DATE: December 179 1980 Janet Whelan, City Clerk Approved by Finance Director ff ' MY A OWN, OWN DEPARTMENT OF REVENUE t EAST 9TH, AVENUE ALCOHOLIC OEVEAME COMOL BOARD ANCHORAGE, ALASKA 00501 December 8, 1980 Janet Whelan,' Clerk - City of Kenai P:O. Box 580 Kenai, Alaska 99611 Dear Ms. Whelani We are in receipt of the following application($) for renewal of liquor license(s) within the Cit of Kenai You are being notified as required by AS 04.11.5ZO. RESTAURANT I La fiesta • i I I r :.r t _ �•,1 �>. <., i. f.j.P ern... . .' �: .. ,. w�'.. _ N ,. -2- You may protest the approval of the application pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest of the application within 30 days of receipt of this notice. If you file a protest, the board wilt not approve the application unless it finds that the protest is arbi- trary, capricious and unreasonable. Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62.630, IF THE APPLICANT REQUESTS A HEARING, YOU MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT OF YOUR PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) munici- --; palities must inform the board of zoning regulations or ordinances which pro- hibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. If a municipal zoning regulation or ordinance prohibits the sale or con- sumption of alcoholic beverages at the proposed premises, and no variance of the regulation or ordinance has been approved, please so notify us and provide a certified copy of the relevant regulation or ordinance, if you have not previously done so. PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE OR CONSUKPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. i Sincerely, Betty L. Calhoon Records & Licensing Supervisor (907) 277-8538 BLC:vk } Enc. A• . 1 c O 131d f, O H 7 is STATE OF ALASKA' PAGE 1 OF 2 ALCOHOLIC 99YERA► E WNTROL BOARD 201 E. NINT&AV@NUE ANCWWAGY, ALA69A 9MI LIQUOR LICENSE APPLICATION Two complete sets of the liquor license application must be completed, signed and notarized before posting. Sae the detailed instruction shoat for further Information, form 04.943, UOTION A, LICENSE INFORMATION, Mutt he complated for dl types of application#, ! TYpe of Applkatlom License TYPO , ❑I�yy I { t3ntaurnnC Ilr.r;r b Wine Lloan" Fee,,,,,,,,,,,,,,,,,,,,,,, S 300,U0 EI Renewal Filing Fee ......................... Hawn erence See, 04,11, or Lkonse oer 1981 $ 50.00 ❑Transfer of Ownership Federal 19m er•a Identifketion Number Penalty (if applicable) ....... $ ❑ Transfer of Location Total Submitted ................ Trent L 1tor U0401150 Number IPQf eMwate and r•ntfas go— 1546 $ 350.00 tl1/tlklll/I s name and malting rear of t thoY JollJolliet;11. 6 Ilelon J. K;.ephena Ui3A LaPicata P.O. _Box 2697 Ketini;" �aeko 9961I appear Ong 9Y MN Y eels arse La pl Complete Only One Iffy) K.Qrillg / li . drenta Btrest Adreseor Location P.O. Sox 26r1J tgile I2+1 Kenai Sp, city Tennis Atnnko 119611 9u W moss on# f um bar s 2 83— 7003 0 0ther it renewsl or transfer, has Isis iavve marnm been axerejew or active at I"" thirty (") drys during the past year? MYES M NO If no, offal) all explanation, CT10N 0 PRGAIIfii TO Ri LIC NUD, ItAuet bo complatN for all Wolof application, Name to be Wad on publla lien or In edvatbsing to idcntif y Pftft ee It location of Pp—rAS" greater than of all than 60 miles from the boundertes of • munkiPal tytlncorporated city, borough or unified municipality)? Les Fiesta ❑Biota then 00 mllo LOSS than 00 miles by oed�tjr Oreunds• iffre0 I Closestchooll Closest Church: 370 Ft. ❑Lxisting Vallity ❑New Building ❑/ropofld Building ®/lane Submitted to Fire Marshall ❑ Oiag►om of pr misesonwhed, Attach a diagram of the premises to be licensed, The diagram must tea true and correct description of the entrances and boundarlesof the Promises to be licensed, and the only ter*a vMae alcoholic beverages will be sold, served, consumed, possessod mW/or Stored, I It only a portion of pie floor plan k to be Ikensed, please 6WHOW lop RBO the area where sldohohc beverages will be Sold, served, consumed, tfosat&d and/or staN,) $NCT10N 0 RENEWAL INFORMATION, For Renewal Applications only, _ Hot the ace where aleohone b•vaago ere told, Wved, consumed, possessed Has the stetemant of f np nc N Interest changed from that lost statement w and14W etoryy.,d befit changed from the test dl•F•m tutHnittNy miffed to the Akoholk Develop Control eoerd? ❑ NO #3 YES H yes, stteoh now diagram, 11A NO C3 YES If yes, attach nwi interest statement toorm o"08), SECTION 9, TRANSFaR INFORMATION, For Transfer of Ownership o►Tierisfer of Location application# only, Nsmets) of Cwiens Lkartseas) Doing Business As f9usWoo NomaCurrent Urnst Num5—w Street Addroso or Location Cheek Only One. ❑Municipality (specify) [7 Other vwa�.Llrrtte city SECTM F. Up"INATION INFORMATION. Must be corn posed it sppiiant or co,oplkant to a corporation, Cape/1teNsMY 80,,1b Doing OudnessAa Buslaoss Nomol Date of incorporationin the Stow of Aletke Medan Addato Citron Address or Location city, Star. ate Zip COO• City and 0010 Corpwate offica, s No, MR -Raw Xim Agent's AlsWo Hoshf#ncii Numbliiyt yeas: ' Number of months, RselstaedAeant IingAddress) CORPORATION DIRECTORS AND BTOCKHOLOBRD, (Use additional shwte If nauaay,) % or Shares of Owrtfrihtp NatM Norte Address Home Photo 1) J TMriPages Urro" Via VNLT ; 7 WW%W--- pproy • s • .WNVf IN/ti/ �aee 1 - - PAGE 2 OF 2 ' ALASKA LiGU § LICEN E APPLICATION iificTfvN t;.' INDIVIDUAL%COAFORATB OFFICER INFORMATION. The folowing Information must be provided for each applicant or corporate officer. If applicant jjl ca applicant Is a aorporKlon, the officers listed must Include the President, Vice-president, Secretary and Treasurer. Use additional pages as nsgHsrys,,�s. e: area Name James H Ste hehs Ifelen J. Stephens Mailing Address 48trest or P.O. Box, City, State, ` Zip Code) Mailing Address (Street or P.O. Box, City, State & Zip Code) Ilox 2697 Kenai Alaska 99611 Box 2697 Kenai last Rome Address tit different from mailing addrese) Nome Address (if different from mailing address) Home Phone Work Phone Rome Plane Work Phone 283-4386 283-7003 283-4366 283-7003 Date of Birth Social Security Number Data of Birth Social Security Number 1-13-30 461-34-5"01 -2 -32 - 0- 0 Length of AK. Resldanay If applicant is a �Wentify the corporate Length of AK. RtikJeney If applicant Is a corporation, Identify the corporate office you hold office you hold Year1 Months Years Months Name! under which you filed your pasty x roam Nana under which you filed your past year's tat return James It. Stephens Helen J. Stephens Spouta'a naves If joint return SpouWs name if joint return � Helen J. Ste hens James H SteRbens Tax Aaurn.�year y For What State Tax Return Yaw For What state I9 Alaska 1979 Alaska Now Name Mailing Addrass (Street or P.O, Box, City, eteta, &Zip Code) Mailing Address (Stren or P.O. Box, City, State & Zip Code) Homo Addrese IH differertt from mailing address) Rome Address (H different from mailing address) Morris Phone Work Phone Home Phone Work Phone Dow of Birth Social Security Number Data of Birth Social Security Number l !file Length of AK. Residencyoffice If sppucant is a corporation, identify the corporate you hold Length of AK. Rssidenay If applicant Is a corporation, Identify the corporate offico You hold yells Months Years Months Name undo► which you filed your past year•stax return Nana under which you filed your pact years tar return Spouse's name H joint return , Spouse's name H joint return Tax Return year For What State Tar Return Year For What State UCTiON H. INDIVIDUAL/CORPORATE OFFICER BACKGROUND. Must be completed for all types of applications. any Individual or corporate offkw named above now have a" direct or Indirect interest In env other alcoholic beverage bu ness in ake? lb lb NO 0 YES if yet vivo liquor license numberts): Has any individual or corporate offker named @bow ever had a liquor license suspended, denied or revoked In any state? 4NO ❑ YES it yet complete the following: Namets) �7 Typets) of Action(#) Stw(s) Dates) H tter env individual, corporate officer, or corporate director named on this application aver boon convicted • ony? t40110 O YES it year complete the following. Nam" .. Placate) of Conviction Icitv and State) ofillow & Comv etion SECTIONS. DECLARATION, Mustbe completed for all typos of spplicatlons. '1/We certify tthat each applicant named on this application has resided in the State of Alaska for at least one year prior to the date of this application; and/or the applicant is a corporation registered and qualified to do business in the State of Alaska for one year prior to the data of this application. Under penalty of perjury, I declare that 1, have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete. The undersigned hereby agtae(s) to provide all information required by the Alcoholic Beverage Control Board in support of this application. - " Slgneturet#) of Applicant(OlTreneferes(s) IANe, the current licanses(s) hereby consent to the abort too Alt Z 5r oviol a Subsaibe¢a ill o n ie is p� Subsoti�'w3(1 s�Br; o ale this day of i;' �4 �` • ,19 �% day'ot� ' + ^- r. l , 19 _,�• r ::: MEMO) NOTARY PUBI C is Amo!.Foil ALKS A NOTARY PUBLIC IN AND FOR ALASKA My commisfiogexpires 1 My commission expires _ 04-001 (8/80) Page 2 j - - .:.Y.i.i /L ��-a(f_ -. -- _a` � _Y�_ •-lino - .Ia- .�� ems-: • �� Sri p O L e O !AY I NAMMONO, 60YEBNOR IDEPART NE T OF REVENUE ?Ot EAST 9M. AVENUE ALMg0UCBEVER4GEC0NTR0L BOARD ANCHORAGE, ALASKA 900f November 26, 1980 lzb ielan, Clerk r�C C ;Kenai580 Ilaska 99611 Dear Ms. Whelan: We are in receipt of the following application(s) for renewal of liquor license(s) within the City of Kenai You are being notified as required by AS O4.11.520. RESTAURANT/EATING PLACE Italian Garden Pizzaria 1 1 i . I 1 r .2- You may protest the approval of the application pursuant to AS O4.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest of the application within 30 days of receipt of this notice. If you file a protest, the board will not approve the application unless it finds that the protest is arbi- trary,'capricious and unreasonable. Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in. accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, YOU MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT OF YOUR PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) munici- palities must inform the board of zoning regulations*or ordinances which pro- hibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. If a municipal zoning regulation or ordinance prohibits the sale or con- sumption of alcoholic beverages at the proposed premises, and no variance of the regulation or ordinance has been approved, please so notify us and provide a certified copy of the: relevant regulation or ordinance, if you have not previously done so. PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. Sincerely, / Betty L.�Calhoon Records b Licensing Supervisor (907) 277-8538 BLC:vk Enc. STATE ¢LALASKA PAGE 1 OF 2 � + AL—COHOLIC BEVERAGE CONTROL BOARD 201 E. NINTH'A.VENUE ANCHORAGE, ALASI(A 09501 LIQUOR LICENSE APPLICATION �'� 0� Two complete sets of the liquor license application must be completed, signed and notarized before posting. See the detailed instruction sheet for further information, form 04.943. SECTION A. LICENSE INFORMATION. Must be completed for all types of applications. Type of Application: License Type 0 New License Fee ...................... $ 31W. o Renewal Filing Fee .......................:. ' Statute Reference Sec. 04.11 -MO iQW For LiconsilLyear .$ Q 11 Federal Employer's Identification Number 13Trander of Ownership r f 13 Transfer of Location q2— Penalty (if applicable) ....... Total Submitted ................ $ Current Liquor Llcona Number (For Renewals and Transfers) . — $ 35D�60 Enter applicant's name end maliing eddr es It*ouId a on the IleenaP Kostels mdlno (a KAKI S Box � Zy9 Doing Business As(Business Name r Compi e Municipanty Is cify) stet 1Rt Street Address or Location City -- ' l��enq, A ias,[a 99i v11 Business Phone Number(s) 2— Y 6 ❑ Other If renewal or transfer, has the above license been exercised or active at least thirty (30) days during the past year? QVES ❑ NO If no, attach on explanstion. SECTIONS. PREMISES TO BE LICENSED. Must be Completed for all types of applications. Name to be used on public sign or in advertising to Identify premises to location of premises greater than or low than 50 miles from the boundaries of a municipolity(incorporned city, borough or unified municipality)? TT l�0rpar than 50 miles{ Lea than 50 mites Distance by shortest pedI�p tan routs from: Closest Church: Closet School Orounds:"rM� SECTION C. LICENSED PREMISES. For Now and Trarofer of Location opplications only. Promises to be licomad Is: (Check appropriate box(es)) ❑Existing Facility ❑New Building ❑Proposed ouoding 0 Plans Submitted to Fire Marshall C3 Diagram of promises attached. Attach a disprem of the promises to be licensed. The diagram must be a true and correct description of the entrances and boundaries of the premises to be licensed, and the only area where alcoholic bovo gn will be sold, served, consumed, possessed and/or stored. (If only a Portion of the floor plan into be•lieeneed, pleats or►tlinp in RED the at where'idoholic beverages will be sotdyarvesi, consumed, possessed and/or steredJ . SECTION D. RENEWAL INFORMATION. For Renewal Applications only. Hastho area whore alcoholic beverages are said, served, consumed, possessed Has the ataament of financial Interest changed from the last statement sub- and/o► stored been changed from the last diagram submitted? miittted to the Alcoholic Beverage Control Board? NO ❑ YES If yes, attach now diagram. ICI NO O VES if yes, attach now interest statement (form 049001. SECTION E. TRANSFER INFORMATION, For Transtor of Ownership or Transfer of Location opplicatlons only. Namets) of Current LkMies(s1 Doing Business As (Butane Name) Current License Number Street Addressor Location Check Only Ono: ❑Municipality (specify) l7 Other Type of License City SECTION F. CORPORATION INFORMATION. Must be comptated H applicant or co -applicant ISO corporation. Corporate Name Doing Business As (Business Name) Date of incorporation in the State of Alaska Moiling Address Street Address or Location City. State awd Zip Coda !/ c, ZWand Stall ` Corpora" Office Phone No. Registered Name) AvnVs ResideneV Number of Vows: Numlxr of moatas: Rpisttred A; (Mailing Address) CORPORATION DIRECTORS AND STOCKHOLDERS. (US* additional thaw H necessary.) % or Shares of Ownership Name HomeAddross Home Phone anal AMCA wre'sus t/eO Ynit.1L• License Number Da" k� Approved n r s Signature 04-901 (0/80) Pape 1 i �I}} J Ti i ALASKA LIQUOR LICENSE APPLICATION PAGE 2 OF 2 , NECTIDN G. INDIVIDUAWCORPORATE OFFICER INFORMATION. The following information must be provided for each applicant or corporate officer. if sppltcV1gLG04a'PF Van�is a corporation, the officers listed must include the President, Vice-president, Secretary and Treasurer. Use additional pages as nacatarli" . , Name ma Name 111atpng Address (Street or P.O. Box, City, ;taw, & Zip Code) Mailing A dross (Street or P.O. Box, City, State & Zip Code) 211 Home Address (if different from fling address) Home Address (if different from mailing address) Home Phone Work Phone Home Phone Work Phone O' BIKh of Social Security Number Dew of Birth Social Security Number J4, 56 5.22 — r Length Of AK. Residency if appllunt Is a corporation, identify the corporate office you hold atlh of AK Len. Residency It ppiicent is a corporation, identify the corporate office you hold Yeas y Months Years Months Nam .undat_+ lt" you filed your past yeti's tax faturn f r NameMnder which you feed your past year's tax return ` Memo Inghtis " ' �tum Spou✓s r�la it joint ra y f r sus 1 bit r rn i �{ Q Ili Q Tax Rasursl ear For What State Tax R rn Year i For What S ldsKta 1 Name Name Mailing Address (Street or P.O. Box, City, State, &{tip Code) Mailing Ad4rus (Stan or P.O. Box, City, State & ZIP Code) Home Address (H different from mailing addats) Home Address (if different from mailing address) Phone Work Phone Home Phone Work Phone ds)v of Birth Social Saeursty Number Data of Birth Social Security Number Length of AK. Ruldi—y if ppikent is a corporation, identify the corporate office you hold Length of AK. Reddemy If applicant lea corporation, identify the corporate office you hold Yew Months vows Months , Name under which you filed Your past Years tax return Name under which you Hied your pest years tax return Spouw'e name H joint realm SpouW$ name H joint return i Tax Rewrn Veer For What State Tax Retum Yes For What Stow SECTION H. INDIVIDUALICORPORATE OFFICER BACKGROUND. Must be completed for all types of applications. Does any individual or corporate officer named above now haw any direct or indirect interest in any other atcobolicpeverage business In Alaska? 4 Alp__- If yea, give liquor license hwmber(s): pea any individual or corporate officer named above aver had a liquor license suspended, denied or revoked in any slats? JP NO If yes, complete the following: , Names) Types) of Action(s) State(sl Datetsi Has any individual, corporate officer, or corporate director tamed on this application ewr been convicted of a elony? )4 NO O YES If yeti complete the following. s) Place(s) of Conviction tCfty and Slav oats SECTION I --DECLARATION. Must be eomplatw for all typesof pplicatbna I/We certify that each applicant named on this application has resided in the State of Alaska for at least one year prior to the date of this application, and/or the applicant is a corporation registered and qualified to do business in the State of Alaska for one year prior to the date of this application. Under penalty of perjury, I declare that, I have examined this application, including the accompanying schedules and statements, and to the but 'my knowledge and belief it is'true, correct alfd complete. r The igrted hereby agree(s)- provide all information required by the Alcoholic Beverage Control Board ill support of this S)IDwtura(s) Applio Mt(SUTronsfaae(s IAYs, the current lieenae(s) hereby content to the above transfer Subscribed and sworn to before me this r ,1 'l - %lied and sworn to before me this day of .19 A)(,p 1-R , 19 .rr.f'�� j�j•_1.� NOTARY PUBLIC IN AND FOR ALASKA NOTARY PUBLIC IN AND FOR ALASKA My commission expires My commission expires 044101 (9/20) Page 2 i •i �I .I i' 1 kyi i i i i I i i i+ r � r I I, J � I I ` ALA mm CA 0Q 0 TA L OMPROVEMENT "'ROJECTE") REQUEST FOR STATE G13ANT FUNDING r L 1; Nnne of these Capital Improvement% Projects will nessitate special assessments to property owners. � S I 11 n �s I 1 I /J t ! - y • 1� I . I I r �f�i �..,._ :,.f4--��.. r,� �.t :. ..si.:��._.�� _ t. �.."�..+-.��.-�0�.�.--.�•:�,- ��frcc =. ►�w.-- - .. rh �. _ ;1 CITY OF KENA I I' . 0. Box 580 Kenai, Alaska 99611 (907) 283-7535 e. This brochure was produced under the direction and unanimous approval of the Mayor and the Council of the City of Kenai. Public clearings were held on December 16 and 17, 1980 concerning the preparation of this brochure, and a concluding public hearing on this brochure in its entirety and in its final state is planned to be held on January 7, 1981. Minutes of these public hearings will be available at Kenai City Hall. The Mayor and the Council of the City of Kenai pledge their affirmative vote for the maintenance and operational costs of the projects listed in this brochure. Vincent O'Reilly, Mayor -� Betty Glick, Councilwoman Jess Hall, Councilman ,i Ron Malston, Councilman DATED THIS DAY OF J� r Ray leas es , Councilman Dick Mueller, Councilman Tom Wagoner, Councilman . 1981 w j �! r 1 9 J I :.i,. i - :..a:y..�..nu��;, .:. �.r n.. •.,.: + �.v:-. --.+..s.. r,.a...i.w.+,r��rw�+... "w-+:--_-""�^ y�,� CITY OF KE:JA1 A home rule city, 4,200 population and 40 square miles. Real Property Assessment $100,000,000 Personal Property Assessment 25,000,000 Total $125,000,000 Annual Budget $ 3,500,000 Current Property Mill Rate 9.9 Mills Current Sales Tax 3% Kenai benefits from a diversified economy composed largely of petroleum, fishery, and transportation activities which has resulted in substantial commercial and service industries localizing within the City limits. The 7500 feet fully equipped runway and truck freight facilities form part of the Kenai transportation hub. Kenai value of activity from the salmon fishery is estimated at $30,000,000 annually. Five processing plants are located in the area of the Kenai River mouth. The City serves as the permanent residence for many involved in Statewide petroleum exploration and development, for technicians operating the petroleum product facilities immediately to the City's North, and also as the home base for service employees. The City bore a large share of the impact from the 1960-70 petroleum development in the area and did it without the presently existing Federal and State programs. Much of the rapidly developed subdivision development is still served by inadequate gravel roads that are at times impassable. Now financially balanced, the City following its accepted Comprehensive Plan, is fleshing out facil- ities and services for present residents and getting prepared to accommodate the proposed one billion dollar Pacific Alaska LNG facility and perhaps the one and a half billion dollar petro-chemical facility. Economic diversity will be maintained by sufficient concentration on harbor development facilities. General infrastructure will be added to by prudent concentration on municipal road, water, sewer facilities, park and recreation improvements and a cultural center. It should be emphasized, the City of Kenai has a high absorption capability for capital improvement projects without resultant effects such as additional personnel or highly increased tax rates. Projection and analysis indicate eight to ten million dollars of municipal in- vestment can be :Wade in roads, rater, se:.er and trans- portation facilities before su-stanti:•e increases would be necersary in parso.^el or other operating expenses. 1 J 1 d i � I 1 i i 1`Jtil-tSL � CAPITAL TITROVGMLJT PRQJE7CP REQUEST FOR STATE GRANT FUNDING Project Road Improvements Airport Parks & Rec Number Gravel P=PavinQ Improvements Imrovements Project Cost Accum. Total i 1. Candlelight - G Lirnrood - G $ 200,000 $ 200,000 2. N. Dogwvod - G I N. Lupine - G 250,000 450,000 3. Spruce - G 75,000 525,000 ' 4. Main St. Loop - P Barnacle V - P 700,000 1,225,000 , S. Forest Dr. Ext. - P Jl+ Gill - P 200,000 1,425,000 ' 6. Tinker, Lawton, & Rogers - P 575,000 2,000,000 - '- �' i 7. A. P. Terminal Renovations 500,000 2,500,000 8. A.P. Short Ter Parking 100,000 2,600,000 9. Birch, Fourth, & First - P 700,000 3,300,000 10. Seccrul and Third - G 25,000 3,325,000 11. Phillips - r 75,000 3,400,000 12. Lawton, talker - P 325,000 3,725,000 13. Ft. Kenai �) . Renovations 50,000 3,775,000 i 14. Pall Fields & Youth Center 50,000 3,825,000 - - l5. P.yans Creek ?.iry 50,000 3,875,000 - ----- - - -- - � Y , ,/'001 '-i Cite o".erai - 1931-82 Canitll Improvement Projects Y, ^request for State Grant Funding d I I ri Page 2 Project Road Improvements Parks S Rea Number G=Gravel Paving=P rovements Proect Cost Accum. Total 16. Beaver Cr., Municipal, 4th St., E. Kenai, & Old Town $ 150,000 $4,025,000 17. Kenai Boat Ramp 250,000 4,275,000 18. City Gym 500,000 4,775,000 19. 1st & 2nd Streets - P 200,000 4,975,000 20. Aliak, McColltmi, Cinderella, & Lrinces s - G 200,000 5,175,000 21. F�.ret,,�ed, Toglak, Eiseniiorraer, Iowa, Nevada, Vlildrose,wo• - Dogwood, Primrose, & Forget-me-not - G 500,000 5,675,000 22. Evergreen, Haller, & McKinley - G 100,000 5,775,000 23. Standard Dr. & Richfield - G 175,000 5,950,000 24. Lupine, Fern, & Togiak - P 200,000 6,150,000 25. VIP Or., Lora, Watergate Way, Ketch St. - P 700,000 6,850,000 26. Granite Pt. & FBO Road - P 200,000 7,050,000 27. Bicycle Trails 200,000 7,250,000 Other projects to be considered outside of the priorities listed above would include: Harbor $ 20,000,000 Culture Center 5,500,000 ' Library r--parsion 750,000 r (o O y 4 1 t i t.� i PROJECT NARRATIVES These are the Project Narratives for the City of Kenai 1981-82 Capital Improvement Projects --Request for State Grant Funding. The number on the left is the Project Number and is followed by a brief project description. Under Road Improvements, those projects followed by a capital "G" are projects that basically require excavation of mud, silt, and clay along with backfill and gravel material to bring them back up to grade. These projects do, of course, also include some type of solution to the surface water drainage problems. These roads which are listed for future gravel resurfacing are roads that are impassable during spring breakup and during heavy rainfalls. Those projects listed followed by a capital "P" are projects that would include water and sewer (where applicable), surface. water runoff drainage, curbs and gutters, sidewalks, lighting, and paving. 1. This project is for gravel resurfacing of Candlelight Drive from the Spur Highway south to the terminus and for Linwood Lane from the Spur Highway south to the terminus. Both roads have quite a few residents living along them and both roads are impassable many times during the year. 2. North Dogwood Road from the Spur Highway northeast to the terminus and North Lupine Drive from the Spur Highway northeast to the terminus. These two roads are the main entrances to a relatively large subdivision. They are also impassable many times during the year. 3. Spruce Street from the Spur highway north to Fourth Avenue. This is for gravel resurfacing of a residential road and a road that receives quite a bit of through traffic. Again, it is impassable many times during the year. 4. This road project starts at the Spur Ilighe.ay going north along Main Street Loop where it ties in to Willow Street. The project also includes Barnacle tray which "T's" off of Main Street Loop to Willow Street. Included in this project would be some possible reconditioning of `fain Street Loop continuing on from liilloe. Street back to the Spur Highway. • This project also includes eater and sewer along with all the other items listed above. The water and the sewer on this project have already been engineered. The complete project is presently being engineered and will be completed by February 251, 19-So. 4 i ' I 1 1 1 I T � T Project Narratives Page 2 S. This is a paving project of Forest Drive Extended from the Spur highway south to the terminus. This project would also include paving of Gill Street from the Spur highway to Tanaga Avenue. Both of these streets provide the entrances - to Redoubt Terrace Subdivision, one of the City's most heavily populated areas. This project would not include water and sewer since these services are already in existence, but it would include all the other items listed above. 6. This is a paving project that would include Tinker Lane from the Spur to Lawton Drive and Lawton Drive from Tinker to Rogers and Rogers Road from Lawton to the Spur Highway. This series of roads forms a loop around the Junior High School and High School. Because these roads serve as entrances to both of the schools and because it is a heavily populated area, these roads are very heavily traveled and badly in need of paving. 7. Kenai Airport averages over 80,000 landing/takeoff operations " per year and enplanes over 100,000 passengers per year, making , it one of the busiest airports in the State. • The Airport Terminal was built in 1966 and was very adequate until the mid -to -late 1970's when increased activity in • construction, fish processing, and the oil industry on the Kenai caused an influx of traffic through the airport. • Kenai is presently served by two commuter airlines with .. �. 38 flights daily to Anchorage, S flights to Homer, and daily jet service to Anchorage and Seattle. The renovation project will incorporate the current City Hall offices into the terminal operation and allot, more ; effective utilization of present terminal space. S. The paving of the Kenai Airport Parking Lot will allow for more efficient maintenancc of the lot and give easier control , and access to the Airport. This project will include drainage ( of the lot which will reduce ice buildup and provide a safer • environment for terminal patrons. 9. This is a paving project and would include First Street from Main Street Loop to Birch Street, Hirch Street from,the Spur Highway to fifth Avenue, and Fourth Avenue from the Airport Fence to Forest Drive. This series of roads is very heavily traveled since it is the shortest route from the - Airpori to the heavily populated area surrounding Birch Street and also :one of the City's largest subdivisions, Woodland. Paving of this transportation route would be " a savings to the City under surimer maintenance and operations of road.s. Project Narratives Pave 3 10. This project consists of gravel resurfacine of Second Avenue from Spruce Street to the terminus and Third Avenue from Spruce Street to its terminus. Both roads arc marginally passable during breakup. 11. Phillips Drive from North Lupine Drive to North Dogwood Road. This gravel resurfacing project is located in Valhalla Heights Subdivision. The entrances to this subdivision are listed above in Project No. 2. This is a residential road and is impassable many times during the year. 12. This is the completion phase of Project No. 6. It is a paving project and would include additional paving on Tinker Lane from Lawton south to its terminus. Paving Lawton Drive from Rogers Road to Walker Lane and paving Walker Lane from the Spur Highway to its terminus. This project would not include water and sewer since it is already available but would include the items listed above. This project would complete a larger loop around the High School and the Jr. High School and provide paved entrances to Inlet View Subdivision and Central Heights Subdivision. It would also provide a finished, paved road into one of the City's largest parks which is located adjacent to the Oilers Baseball Field. 13. In December of 1978, the City of Kenai formed a Parks and Recreation Department, and a Commission was appointed. In April, 1979, a full-time director assumed his duties, and a recreation program was initiated. Also, completed in 1979 was a Comprehensive Plan for the City of Kenai. Using this as a guideline, the City is undertaking an extensive park improvement and recreation facilities program. This project is for historical renovation of log cabins that are in the historical Fort Kenay. These log cabins are some of the first that were built in this area and should be maintained for their historical significance. It is hopeful that the final copy of this brochure will contain a picture of one of the log cabins that we hope to renovate. 14. This item is for some additional improvements to the City of Kenai's ballfields and the Kenai Youth Center. These ballfields and the Center were completed with State Grant No. 2-030 which was a result of Canital Improvement funds received under this program last year. This project wordd include saunas, whirlpools and lockers in the Kenai Youth Center. Areas for these items were provided for in the original structure. The improvements to the ballfields would include parking and landscaping or the areas around these net; bal l f ieids. j, 1 i i a 'I I 71 Project Narratives Page 4 15. This Project would consist of improvements along; Ryans Creek - Park. Such improvements would include a fitness trail and picnic area along the creek near the Youth Center. The City of Kenai feels that this area would receive a considerable amount of use since it is in the business district of town and yet along an established creek and also near the Kenai Youth Center. 16. This item is for parks and playground improvements to the I ! following five existing parks, (1) Beater Creek (2) Fourth Street (3) East Kenai Park (4) Old Town Park (5) Municipal Park Such improvements would include park shelters; multi -purpose courts such as basketball, volleyball, soccer, etc.; playground equipment; and outdoor ice skating rinks.- - 17. This project is for improvements to the existing Kenai - Boat Ramp. This is the City of Kenai's only boat ramp and it has received a considerable amount of damage due to usage and ice damage through the many years of its existence. . It is badly in need of renovation. 18. This item is fora Community Gymnasium that would be , • connected to our new Kenai Youth Center. The new Youth Center was designed so that this Gymnasium could be added at a later date. This Gym would receive heavy use just from existing activities not to mention new activities that would be created once the building is in existence. It would relieve some of the over -loaded gyms of the local schools. At the present time, many activities cannot be scheduled due to unavailability of gyms or because of the fact that they f are not available until the late hours of the night. , 19. This project is for paving First and Second Streets going into Mommsen Subdivision. This subdivision has paved streets with the exception of these two.strects that are used to enter the subdivision. 20. This project is for gravel resurfacing "of Al iak Drive from (f the Spur Highway west to McCollum Drive, of McCollum Drive to the Spur highway north to its terminus, Cinderella Street from the Spur Highway north to its terminus, and Princess Street from the Spur Highway north to its terminus. "These _`•.;:' roads are in heed of gravel resurfacing and a solution to surface water runoff drain. 1 s .. Program \arratives Page S 21. This project is for gravel resurfacing of roads that are in very poor condition within Thompson Park Subdivision. This subdivision is a heavily populated area with dirt roads. The following roads are badly in need of resurfacing and upgrading. (1) Fireweed (2) Togiak (3) Eisenhower (4) Iowa (S) Nevada (6) 19ildrose (7) Dogwood (8) Primrose (9) Forget-me-not Many of these roads are impassable during spring breakup. 22. This project is for gravel resurfacing of Evergreen from the Spur Highway north to its terminus, of Haller Street from the Spur Highway to Fourth Avenue, and for McKinley Street from the Spur Highway north to Fourth Avenue. All three of these streets can be impassable during spring breakup. 23. This project is for gravel resurfacing of Standard Drive and Richfield Drive within the Valhalla Heights Subdivision. These two streets are usually in very poor condition during spring breakup. 24. This is for paving of three streets in Thompson Park Subdivision. Lupine Drive from the Spur Highway to Fern Street, Fern Street from Lupine Drive to Togiak,and Togiak from Fern Street back to the Spur Highway. The paving of these streets would form a loop through the heavily populated Thompson Park Subdivision. 2S. This project is for paving a loop through VIP Subdivision. The streets for paving would include: (1) VIP Drive (2) Lora (3) Watergate Way (4) Ketch Street 26. This project is for paving Granite Point and I'RO Road. These roads are used for entering into the airport's fix -based operator businesses. 27. This project is for pared hike trails aloniz the Bridge Access Road from the Spur highway to Kal i fonsky Loop Road, along Beaver Loop from the Bridge :access Road to the Spur Iligha:ay, and :along the Spur Highway from the .Jr. High School to Beaver Loop. t I •- •�. .i 1 ,.�_-_ i i i i i i i• .rw. .. .............. p M N •I MN•N• C. �.�%� �► ..i1•.S�:ii iiililltit;i! Stli.Sl1S'!i lfJt�f=ifiti•S:S.Iii{{{{j=,i i•�•�••r•s.{i:iii:{{i::{{iii:+iiliii:isiiiSiiifLtiii • : -- '�•�„r±, i--- ;r� ! �i _.._rr • tti_ .,eve _ � _ � 1. _(,I, • t• !. 'r �- r1J 0 � %'y�i sl. -�- ra+.._..Q i'� I•.•i` 11 fT1 lit 113 117 pro STREET PLAN ClT� OB ftEM�f Sr J AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 5, 1980 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL OATH OF OFFICE - TOM WAGONER 4 B. PUBLIC BEARINGS 1. Ordinance 612-80 - Sale of City Lands 2. Ordinance 614-80 - Amending Title 23 to Clarify Treatment of Holiday Pay for Public Safety Employees 3. Ordinance 620-80 - Federal Revenue Sharing Appropriations 4. Ordinance 421-80 - Increasing Rev/Appns, 1980- 81 General Fund Budget - Increase Reserve for Self Insurance by $100,000 5. Ordinance 622-80 - Repealing R14C 1.65, Provid- ing for Election and Appointment of Borough Assembly Representative 6. Ordinance 623-8b - Increasing Rev/Appns - jy� State Jail Contract Fund 1980-81 Budget - �. Repairs - $500 C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Bob Roper - Using Lots D&C as Collateral 2. Patty King - Women's Resource Center - Day Care Center 3. Gary Davis - Administrative Coordinator - i Co-astal Zone Management 4. Dwain Gibson - Peninsula Oilers 1 D. MINUTES " 1. Minutes, Regular Meeting, October 1, 1980 ' 2. Minutes, Special Meeting, October 8, 1980 3. Minutes, Regular Meeting, October 15, 1980 ,n. +sb E. CORRESPONDENCE F. OLD BUSINESS 1. T'.clatiaral:ip 8c�.._::i Zitio: s ?c•-^,u,hz - --_ Municipal l zaquo ??•,Ar1te of Tlt ,_ 29 °•, 2. Contract for Administrative Coordinator i m G. NEW BUSINESS ' 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 624-80 - Increasing Rev/Appns - Airport Land Budget - Purchase Blade for Snow Removal - $3,000 4. Ordinance 625-80 - Increasing Rev/Appns - Special Revenue Fund, Senior Citizens Project - $ 520 5. Ordinance 626-80 -• Increasing Rev/Appns - General Fund Budget - Planning, Design Work on Cultural Facility - $12,808 6. Ordinance 627-80 Increasing. Rev/Appns - Federal Revenue Sharing Fund - $70,350 7. Resolution 80-157 - Transfer of Funds - General Fund - Municipal League Dues and Registration for Municipal League - $1,000 S. Resolution 80-158 - Transfer of Funds - Water and Sewer - Utility Charges in Proper Line - Item Expense Accounts - $27,000 9. Resolution 80-159 - Transfer of Funds - General Fund - Supplies, Clerk - $300 10. Resolution 80-160 - Accepting Grant from State of Alaska - Planning/Design Work for Cultural Facility - $12,008.35 11. Resolution 80-161 - Transfer of Funds - Airport Land Budget - Purchase Portable FAA Radio - $750 12. Resolution 80-162 - Selling of Surplus Small Building 13. Resolution 80-163 - Awarding Bid, 1/2-Ton Pick -Up, Parks & Recreation - Worthington Ford 14. Ratification of Telephone Poll.- Grader & Loader Tires, Dump Ram 15. CH214 Hill - Sewage Construction - Report #18 - $13,000 16. C. Gintoli - Architect Services, City Hall - $2,000 17. Peninsula Engineering - #3 - Fidalgo St. Im- provements - $17,771.49 18. OMNI North - Pay Estimate #5 - $73,088.50 19. Blazy Construction - Pay Estimate 91 - Youth Center - $104,589.88 20. Quality Asphalt - Paving, Fidalgo S/D - Pay Estimate - $109,113.62 21. Quality Asphalt - #1 - Fidalgo S/D - Galvan- ized Instead of Painted Light Poles - $1,980 22. Dowling/Rice & Assoc. - Youth Center - Payment - $2,240 i r V,77: / r f 23. Kenai Peninsula Community Care Center - Con- struction. - $55, 515 24. Wince, Corthell, Bryson & Freas - Spur Front- age25. Rd. Inspection - $26,841_27 Dept. Revenue & City Hall Letter From j C. Gintoli, Architect 26. Forsi Proposal for Water . Sewer, Section 36 i 27. Union oil Drilling Permit - Cannery Loop Well #2 la. 28. Harbor Commission ; a. Area Industrial Development Efforts & City Port 6 Harbor Powers b. Kenai Wetlands Working Group c. Secretary to Take Minutes -- j H. REPORTS i 1. City Manager = _-- 2. City Attorney 3. Mayor + 4. City Clerk - S. Finance Director I. 6. Planning 6 Zoning - 7. Kenai Borough Assembly S. Harbor Commission I. PERSONS PRESEINT NOT SCHEDULED TO BE HEARD f I ADJOURNMENT i r r r) a • i I I _ I I j V I 1 •-.L O I I __ I -_ C�. 7� KENAI CITY COUNCIL - REGULAR MEETING, MINUTES / NOVEMBER 5, 1990 - 700 PM a KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Vincent O'Reilly, Betty Glick, Jess Hall, Ron Malston, Ray Measles, Dick Mueller, Tom Wagoner Absents None OATH OF OFFICE Clerk Whelan administered the Oath of Office to Tom Wagoner. The Oath of Office was then admin- istered to Mayor O'Reilly, Councilmen Mueller, Hall, and Malston together. AGENDA APPROVAL Mayor O'Reilly asked that C-1, Bob Roper - Using Lots B&C as Collateral,• be deleted. Mayor O'Reilly asked C-3, Gary Davis - Administrative Coordinator -- Coastal Zone Management, be deleted. Mayor O'Reilly asked to add Chuck Hight - Alaska General Alarm, Anchorage, as C-1. Mayor O'Reilly asked F-1, Relationship Between Cities & Boroughs ` Municipal League Rewrite of Title 29, be deleted. Mayor O'Reilly asked G-27,Union Oil Drilling Permit - Cannery.Loop Well 82, be changed to G-1 Mayor O'Reilly asked G-28 - Harbor Commission (a, b,c) be deleted. Council approved the agenda as changed. B. PUBLIC HEARINGS B-1 Ordinance 612-80 - Sale.of City Lands Roger Meeks spoke. He asked what is the Council •considering tonight? 1. what special provisions have you set for people that have a lease? 2. Don't make -the mistake of selling lands we could use later. What lands have we put on sale adjacent to the airport terminal? n i , C. t KENAI CITY COUNCIL NOVE14BER 5, 1980 ,. Page 2 Mayor O'Reilly referred to Atty. Delahay. Atty. Delahay explained the ordinance is pretty broad as written, giving the City Manager authority to j sell, but we are restricted by FAA laws that they have to be put out for public sale. The City Manager feels we should ask the lessees if they want to buy. If not, we will not sell. The lands that can be used for public purposes should be put aside by Ordinance. Bob Bielefeld spoke. He feels no sale should be made at this time on City lands. Financially, you are better off with leases than sale. Councilman Mueller asked Mr. Bielefeld, do you consider airport lands all around the airport? Mr. Bielefeld replied anything from Spur Highway to the airport. Across the highway, no. Over the long haul, it will be beneficial to the City. Councilman Mueller noted interest on sales would be far better than lease payments. Mr. Bielefeld said it is not the money the City makes, but what money businesses makes. Jerry Andrews spoke. He said there is confusion as to which lands will be for sale. Mayor O'Reilly explained Atty. Delahay gave a description, but the airport lands adjacent to the airport will never be for sale. Jim Arness Jr. spoke. He noted he is not a resident of the City, but is a lease holder. There's alot Q IGl— of apprehension by the business community to leasing land. One good thing was the escalation clause. Q �Q There's alot of negatives to building anything in e City--. The lower tax rate, no permits, no zoning are all advantages of building outside of the City. The sale would be a greater income, plus sales tax too. He is enthusiastic about it. One item bothered him, when he leased the property,one stipulation was they had to build within one year. Other lease- holders have not. The property has greater value when not under lease. There are some good locations in the City that have been leased and not built on. If you sell lands under lease, you will have to sell at a set rate: Mayor O'Reilly said the Administration has taken action on those who have not built. City Manager Brighton noted most of those contacted have i replied. Mr. Brighton suggested that since there has been input from the work session and no action done, why not wait till the next work session for more action. c D a _ ;f KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 3 T Councilwoman Glick said she would like to have the Ordinance redrafted with the amendments. Atty. C0 V07 Delahay suggested the amendments be discussed now and then redrafted. MOTIONz Councilwoman Glick moved, seconded by Councilman Malston, to request Atty. Delahay to redraft the ordinance making substitute Ordinance 612-80, in- corporating amendments 1, 2 & 3, as recommended by the Atty. Also incorporating amendments 4 & 5, changing "earnest money" to read "a good faith deposit," delete item 7. As there are other methods we could use, change item 8. Item F, amendment 9, change "not to exceed 108" as Mr. Andrews explained. Incorporate amendment 10 through 13. Add "or future public use." Finance Director Brown said at the work session he was asked to change amendment 12. MOTION, Amendment: Councilwoman Glick, with consent of second, added the changes as requested by Finance Director Brown. Atty. Delahay noted Mr. Brown also had amendment 14. Mr. Brown explained both items should be in amendment 12. Council agreed to putting both amendments as #12. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, that per the memo dated October 8, 1980, to incorporate the correcting amendment #12 as suggested by Finance Director Brown and delete the present Amendment #12. VOTE, Amendment: Motion passed unanimously by roll call vote. VOTE, Main Motion: Motion passed unanimously by roil call vote. x J I 1 j _ - 1 i 1 0 KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 4 a'- f B-2 Ordinance 614-80 - Amending Title 23 to Clarify Treatment of Holiday Pay for Public Safety Employees I MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-1 The Council was made aware that they had passed Ordinance 612-80 in error. MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, for reconsideration of Ordinance 612-80. Motion passed unanimously by roil call vote. MOTION: Councilwoman Glick moved to continue consideration of Ordinance 612-80 till next Council meeting. Atty. Delahay noted he would not be here for the next Council meeting. He suggested we continue till the first meeting in December. There was no second to the motion. Council agreed to the motion unanimously by voice vote. 3 B-3 Ordinance 620-80 - Federal Revenue Sharing Appropriations MOTIONS Councilman Malston moved, seconded by Councilman Mueller, to approve the ordinance. There was no public comment. Councilman Wagoner asked,the radio and charger were listed twice. Public Works Director Kornelis explained they have asked at two different times. 1 ' •1 i • 11 1 KENAI CITY COUNCIL • NOVEMBWA 5, 1980 Page 5 The price has changed, this is just an estimate. Councilwoman Glick asked if one will be used on the airport and will have a different use. Mr. Kornelis replied no, that is a different radio. Motion passed unanimously by roll call vote. B-4 Ordinance 621-80 - Increasing Rev/Appns, 1980-81 General Fund Budget - Increase Reserve for Self Insurance by $100,000 MOTION: _ Councilman Measles moved, seconded by Councilman Malston, to approve the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-5 Ordinance 622-80 - Repealing KMC 1.65, Providing for Election and Appointment of Borough Assembly Representative MOTION: Councilman Mueller moved, seconded by Councilman Measles, to approve the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-6 Ordinance 623-80 - Increasing Rev/Appns - State Jail Contract Fund 1980-81 Budget -Repairs - $500 MOTION: '.. Councilman Malston moved, seconded by Councilwoman Glick, to approve the ordinance. There was no public comment. Councilman Mueller asked, did we recently provide Vfor a maintenance contract that will cover for one == year? Police Chief Ross replied we did provide for a maintenance contract, the system in the jail was improperly installed. They have to modify to keep on the contract. _ Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD �Y 1 KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 6 C-1 Patty King - Women's Resource Center - Day Care Center Patty King, Women's Resource Center, spoke. She wished to thank the Council for their help. She reviewed the Day Care Center operation. She said her time is 15 hours, including the paper work. She is working with four families at 90% of the Day Care bill. There is one facility working -, with the paperwork. There are four licensed Day Care Centers eligible and two homes. We should use 1/3 of the funds by the end of the year. She had hopes of soliciting help from the Borough and - r City of Soldotna. She has had 27 inquiries about whether the service was available to residents of Soldotna and the Borough. C-2 Dwain Gibson - Peninsula Oilers Dwain Gibson explained, he is on a "Mercy Mission." He is president of the Oilers, he is aware of the assessments past due. They are prepared to pay the 1979-80 assessments for water & sewer. This is a non-profit organization, the people of the community have helped support it. The Oilers have 2 accounts that are hard to collect. They have approximately $250 penalties and charges for assessments, also. He is asking for foregoing of penalties and interests. Some of their equipment was used by the City for the airport ramp compactor for fish flying. If the City could consider a trade-off of the compactor for penalties and interest, the Board will be.will- ing to go along. It amounts to over $1,000. MOTION: 4 eo) Councilwoman Glick moved, seconded by Councilman Measles, to direct the City to forgive penalties and interest charged to the Peninsula Oilers, a non-profit organization, in the amount of $250. Councilman Mueller asked if there were any legal implications. Atty. Delahay replied there might be, possibly not legal, but policy -wise. A trade would be better. MOTION, Amendment: I t. Councilwoman Glick asked to withdraw her motion, and with consent of second, moved the City accept the offer for trade-off for the amount of penalties and interest in the amount of $250, with the Penin- sula Oilers. L' I E � 3 KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 7 Motion passed unanimously by voice vote. C-3 Chuck Hight - Alaska General Alarm, Anchorage Mr. Hight noted first, he wished to thank Police Chief Ross for the help he has given him. He then passed out a proposal for an alarm system. He ex- plained this piece of equipment would allow the community to establish a single source mini -computer in the police station. More could tie in. They would seek a monthly charge for use of the equipment. There is a $200 installation charge. The monthly charge would vary according to the system. It would be approximately $45 per month. Alaska General would be totally responsible for the maintenance. They have references, if the Council wishes. They have been in use for 10 to 15 years. Alaska General has been in Valdez, Kotzebue, Nome and Barrow. They have many retailers who would use the central source if available. Alaska General has been in the security systems for 27 years, they are located in Anch. Councilman Wagoner asked, they are selling an alarm system to the vendors, the.City would supply the source to the businesses? Mr. Hight replied the ordinance of the City requires standardization and at present there is no service for telephoning answering service on a 24 hour basis. By a co-op we are cutting costs in half, by using a common sender. Mayor O'Reilly referred to Police Chief Ross. Chief Ross said the majority of alarms come into a dialer system. There was a provision in the Ordinance for a central system if businesses want it. In a city of this size, it is not feasible. He knows of 3 businesses interested in coming in. He would like to have the businesses reviewed before the Council passes an ordinance. It is not feasible to put 5 systems in. He would encourage one system. Councilwoman Glick asked Chief Ross, would he feel comfortable if all 5 systems gave a proposal to the businesses and then come to Council? Chief Ross replied yes, he suggested the groups work to- gether. Mayor O'Reilly suggested Chief Ross work with the companies. Mr. Hight noted time is of the essence, in regard to recent developments (the cancellation of the phone service) as to which wa his company will go. Chief Ross replied he recommend the Council follow the procedures of the Ordinance. Councilman Malston asked, Mr. Hight's customers are receiving.no service now? Mr. Hight replied yes. t r KENAI CITY COUNCIL C NOVEMBER 5, 1980 Page 8 Chief Ross asked, how many? Mr. Hight asked, tape dialers are not allowed in the station? Chief Ross replied they are. Most of the customers are served by dialers and can use that till service is decided. Atty. Delahay then read the ordinance relating to automatic dialing devices. Chief Ross said that j applied to a listed telephone number, we have an unlisted number. Chief Ross said this should go through an Alarm Committee, how soon can one be appointed? Mayor O'Reilly said this could not be done before November 19. Chief Ross noted the emer- gency nature is not there. A. ROLL CALL, Etc. Mayor O'Reilly referred to the election of a deputy mayor, which had not been done during the early portion of the meeting. MOTION: Councilman Mueller moved, seconded by Councilman Malston, to nominate Councilwoman Glick as Deputy Mayor. Council approved unanimously by voice vote. D. MINUTES D-1 Minutes, Regular Meeting, October 1, 1980 Councilwoman Glick noted page 1, last line, should read, "not arrived at a concensus. They---." Councilwoman Glick said page 3, item G-6, last paragraph, should read, "Atty. Delahay said---." Also she noted there was no action listed by Council for this item. Councilwoman Glick noted page 6, paragraph 6, line 2, the sentence beginning, "As soon as---" did not make sense. Clerk Whelan explained that was a direct quote from Mayor O'Reilly. Councilwoman Glick asked that this sentence be put in quotation marks and a question mark be put on the end. Mayor O'Reilly I agreed with the request. Councilwoman Glick noted page 13, item H-8, #3, the first sentence, said, "Regarding the Alaska Cultural Committee meeting." She asked if that I should be the Coastal Zone Committee. Clerk I Whelan agreed it probably was, she was unable J I 1 i a i r � i f KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 9 to hear Mr. Davis, and the recorder did not pick it up. i Councilman Mueller noted page 4, item G-7, the Ordinance number should be 618-80. Minutes were approved unanimously by voice vote as corrected and changed. D-2 Minutes, Special Meeting, October 8, 1980 Clerk Whelan noted page 1, 3rd to the last line, there should be a comma"after "the City of Kenai." Councilwoman Glick noted page 1, item 2, paragraph 3, line 4, she would like to change that to read, , "said this had been brought to Council before, questioning whether or not Borough --- Minutes were approved unanimously by voice vote as corrected and changed. , D-3 Minutes, Regular Meeting, October 15, 1980 ~ Councilwoman Glick noted page 1, next to last line, should read "Councilwoman Glick." 1 Councilwoman Glick noted page 3, item B-1, should read B-3. Councilwoman Glick noted page 7, item G-3, there was no action listed by Council for this item. Councilwoman Glick noted page 7, item G-4, there was no action listed by Council for this item. Councilwoman Glick noted page 8, item G-5, there was no action listed by Council for this item. Councilwoman Glick noted page 11, 3rd line from the top, should read, "halfway houses---" Minutes were approved as corrected. E. CORRESPONDENCE None F. OLD BUSINESS F-2 Contract for Administrative Coordinator City Manager Brighton explained this is the contract I KENAI CITY COUNCIL NOVEMBER 5, 1980 ` I Page 10 with Gary Davis to provide services for the Harbor Commission. The Borough has not received the final contract back from the State. We have to wait for that before we can sign our contract. Councilman Malston asked, Council will have to approve the con- tract with the Borough? Mr. Brighton replied yes. Councilman Malston suggested the item be tabled till the Borough signs. Councilman Wagoner said the City has had trouble before by giving an en- gineer work before the contract is signed. We should i not put this into effect till it is signed by the Borough. MOTIONS Councilwoman Glick moved, seconded by Councilman --'Malston, that since the present contract is good till November 19, 1980, we should table till November 19, 1980. Mr. Davis asked, can't there be conceptual approval so he knows if he can go ahead till the contract is signed? It was mailed Oct. 22 from Juneau, the Borough does not have it. Community.& Regional (, Affairs says the date is October 27, the day of signing. Could the Council give him assurance that it will be approved? Motion passed unanimously by roll call vote. City Manager Brighton said the important thing is the day the contract was signed, it is permitted to spend funds. He noted Mr. Davis may be liable ` for funds spent if not approved. Mr. Davis said he also needs an office, etc. Councilman Wagoner said he has no problem with that. The grant comes to the Borough, not the City. The emphasis with the Borough is what is important. He doesn't think Mr. Davis should purchase goods, etc.,till the Borough signs. Councilman Measles asked, what are the odds the Borough may not enter into the contract with the City? Mayor O'Reilly said Phil Waring Ei from the Borough had a meeting and wanted to develop 4 a Borough contract regarding the Roper situation. What's changed is the elements not dealing with the p harbor, the scope of work has changed with the de- velopment of a small boat harbor, the contract be- tween the City and the Borough has been changed to eliminate the harbor. City Manager Brighton noted, also the Assembly has changed. Councilman Mueller said the Council has provided a budget for i i.a a f ,o d � o • KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 11 the Harbor Commission. He thinks there is enough to cover immediate funds. Councilwoman Glick said she agrees with Councilman Wagoner. She doesn't think Mr. Davis should spend funds till the contract is signed. Councilman wagoner said the Assembly has already passed it, it does not have to go back to the Assembly. The contract will go through, it is just a matter of time. No motion is needed. Mr. Davis said, regarding the Coastal Zone Manage- ment letter to City Manager Brighton regarding Kenai wetlands working group. In Mr. Davis' letter he indicated there should be a letter or action that someone has authority to represent the City of Kenai. In his job description it says, "the Administrative Coordinator will coordinate the wetlands study." Mayor O'Reilly asked to explain, Coastal Zone Management has to come up with a plan. It has to be brought to Council, Murray Walsh has got agencies to agree when they come to concensus on a plan, they have to hold there. The plan will come back to us.Counciiwoman Glick said whoever sits at the table, they have power to represent the City -Once the plan comes to the City, we can accept (� or not. why can't they.vote also? The representative should have the authority to state for the.City also. Mayor O'Reilly said we cannot delegate this authority. Councilwoman Glick asked, are the other agencies aware of that? She didn't think they would go for that. Mr. Davis explained, this has not been dis- cussed. His letter says the representative should have some letter stating this representative has the right to participate. The City is not the agency. It is not a requirement, it is his suggestion. Council- woman Glick asked Mr. Davis, will he have to sign the same as the agencies? Mr. Davis replied, no it is not his job. City Manager Brighton said the intent is to let the agencies know he can sit on behalf of the City. Councilwoman Glick asked, could we have a letter from the agencies that he has the right to participate? Vice Mayor Glick took the chair. MOTION: Mayor O'Reilly moved, seconded by Councilman Measles, that the City Council affirms the appoint- ment of Gary Davis as representative of the City of lKenai according to the powers of the City Charter. � J: �.j KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 12 Councilman Measles asked, how many agencies are involved? Mr. Davis replied S. Councilman Measles asked, all 8 will have the power to make decisions? He couldn't visualize the EPA giving anyone that authority. City Manager Brighton explained this was to enhance people with the ability to get per- mits. It was a pilot program to get agencies to sign off, so people could come to the City for permits, using our Comprehensive Plan. He further stated Murray Walsh, Coastal Zone Management, is working to lessen the time. As yet, they do not have that commit went, they are working to that point. They are not trying to get the City to that point. The Council is under no obligation to accept proposals of the agencies. Mayor O'Reilly said the power still resides with the Council. Vote failed, with Mayor O'Reilly, Councilmen Hall and Wagoner voting yes; Councilwoman Glick, Council- men Malston, Measles and Mueller voting no. Mayor O'Reilly resumed -the chair. Councilwoman Glick said she would like to see the agencies' powers in writing, and also that they understand our position. She has no trouble with the concept. MOTION: Councilman Malston moved, seconded by Councilman Hall, to designate Gary Davis to attend meetings. Motion passed, with Councilwoman Glick voting no. G-27 Union Oil Drilling Permit - Cannery Loop Well $2 Rich Boyle of Union Oil spoke. He explained the permit was issued May 1980, they forgot to ask for exceptions for earth and slush pit. They have used it in #1 and #3, they just need approval of the exception. Mayor O'Reilly asked if this was approved by Planning & Zoning. Councilwoman Glick replied yes. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the exception. Motion passed unanimously by roll call vote. Mayor O'Reilly asked Mr. Boyle, how was it going? KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 13 Mr. Boyle replied they have chosen an alternate i route at request of the residents. Councilman Measles asked if there were any problems with the new Federal law? Mr. Boyle replied no. G-1 Bills to be Paid, Bills to be Ratified I MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the bills. Councilman Wagoner said, regarding the Chamber of Commerce donation,he didn't feel we should donate - money to the Chamber of Commerce. They can stand on their own two feet. It can open doors to other groups with the same thing. Councilman Malston , said it is not a donation, it is actually a service provided to the City, handling tourists. If they did not, all our portion would fall on the City. Councilman Wagoner said he would have no objection if this was covered by contract. He think it's bad business. Notion passed with Councilman Wagoner voting no. ,. G-2 Requisitions Exceeding $1,000 NOTION. - Councilman Nalston moved, seconded by Councilman Measles, to approve the requisitions. Notion f passed unanimously by roll call vote. , G-3 Ordinance 624-80 - Increasing Rev/Appns - Airport Land Budget - Purchase Blade for Snow Removal - $3,000 NOTION: Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. Motion passed unanimously by roll call vote. Public Works Director Kornelis said he wanted the v second hearing now. They will have to do a considerable © amount of welding, and they would like to start on it as soon as possible. v KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 14 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to have the second reading of Ordinance 624-80 this date (Nov. 5, 1980) Motion passed unanimously by roll call vote. MOTION: Councilwoman Glick moved, seconded by Councilman Mueller, to adopt Ordinance 624-80. There was no public comment. Motion passed unanimously by roll call vote. G-4 Ordinance 625-80 - Increasing Rev/Appns - Special Revenue Fund, Senior Citizens Project - $520 MOTION: Councilwoman Glick moved, seconded by Councilman Ralston, to introduce the ordinance. Motion passed unanimously by roll call vote. G-5 Ordinance 626-80 - Increasing Rev/Appns - General Fund Budget - Planning, Design Work on Cultural Facility - $12,808 Councilwoman Glick asked is this still pertinent since the bonding failed? 47e could still get bond- ing by direct appropriation. Mayor O'Reilly said there was direct appropriation made by the last legislature, this is our portion.. The State has offered us money to do this, we are accepting by _ this ordinance. Motion passed unanimously by roll call vote. G-6 Ordinance 627-80 - Increasing Rev/Appns - Federal Revenue Sharing Fund - $70,350 MOTION: Councilman Measles moved, seconded by Councilman Ralston, to introduce the ordinance. Public Works Director Kornelis said at the work session he was asked to do some things. The dump truck at Wildwood is not available. They have � y KENAI CITY COUNCIL NOVEMBER 5, 1980 _ Page 15 reduced the amount $50,000, so he could check on the cost of a smal building. After talking to Bob Oehler (Kenai Steel Buildings), he brought him some brochures. We would have to use City crews for a lower cost. Kenai Steel Buildings gave some esti- mated costs, Mr. Kornelis would like to put interior and heat as added alternate. He would like to request the building be added to the streets portion for $41,000. He felt that would be more than adequate. Mayor O'Reilly asked Finance Director Brown if we _ had it available. Mr. Brown said yes. Mr. Kornelis said we would delete the extra if the bids come in higher. MOTION: `. i Councilman Malston moved, seconded by Councilwoman Glick, to amend the motion to include $41,000 for a steel building warehouse. '. VOTE, Amendment: ti (� Motion passed unanimously by roll call votg. R�..J VOTE, Main Motion: Motion passed, with Councilman wagoner voting no. G-7 Resolution 80-157 - Transfer of Funds - General - Fund - Municipal League Dues and Registration for 1 Municipal League - $1,000 MOTION: Councilman Measles moved, seconded by Councilwoman 1 � Glick, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. Clerk Whelan was directed to cancel the travel arrangements for Councilman Malston, and check ,l on the arrangements for Councilman Mueller. 1 G-8 Resolution 80-158 - Transfer of Funds - Water and 71 Sewer - Utility Charges in Proper Line -Item Expense Accounts - $27,000 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the resolution. I KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 16 There was no public comment. Motion passed unanimously by roll call vote. G-9 Resolution 80-159 - Transfer of Funds - General Fund - Supplies, Clerk - $300 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-10 Resolution 80-160 - Accepting Grant from State of Alaska - Planning/Design Work for Cultural Vm^41t#-u - 411 QnQ 25 NOTION: Councilman Measles moved, seconded by Councilman Mueller, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-11 Resolution 80-161 - Transfer of Funds - Airport Land Budget - Purchase Portable FAA Radio - $750 MOTION: Councilwoman Glick moved, seconded by Councilman 11 Malston, to approve the resolution. There was no public comment. Notion passed unanimously by roll call vote. G -12 Resolution 80-162 - Selling of Surplus Small Building MOTION: Councilman Malston moved, seconded by Councilwoman .i Glick, to approve the resolution. There was no public comment. Councilwoman Glick asked, was the ad in the paper? 0 f� KENAI CITY COUNCIL NOVEMBER 5, 1980 -- % Page 17 Did no one else apply? City Manager Brighton replied yes. Councilman Mueller noted the ad cost more than the building profit. Motion passed unanimously by roll call vote. G-13 Resolution 80-163 - Awarding Bid, 1/2 Ton Pick-up, < Parks & Recreation - Worthington Ford - MOTIONs Councilman Mueller moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Councilman Wagoner asked Public Works Director Kornelis, is this FOB City of Kenai, delivery to us? Mr. Rornelis replied yes. "Clerk Whelan noted the resolution had been approved by the Finance Dept., it had to be copied and put in the packet before Finance Director Brown had a �J chance to sign. Motion passed unanimously by roll call vote. G-14 Ratification of Telephone Poll - Grader and Loader Tires, Dump Ram Ratification was made by Council with Councilman Wagoner abstaining. G-15 CH2M Hill - Sewage Construction - Report #18 - =.; $13, 000 MOTION: f, Councilman Malston moved, seconded by Councilman -• Measles, to approve the billing. Motion passed unanimously by roll call vote. Jq` G-16 C. Gintoli - Architect Services, City Hall - :, .; .. f $2, 000 MOTIONs — Councilman Measles moved, seconded by Councilwoman Glick, to approve the billing. t 'J ' a KENAI CITY COUNCIL C NOVEMBER 5, 1980 Page 18 Cotuicilman Wagoner asked, these are inspection ser- vices over & above the regular charges he is doing for inspection of the project? Public Works Director Kornelis said the Building Inspector still has to inspect. Mr. Gintoli said the contract for design is $45,000, the inspection is $4,000. He is insur- ing the contractor is giving the City what they paid for. Motion passed unanimously by roll call vote. G-17 Peninsula Engineering, #3 - Fidalgo St. Improve- ments - $17,771.49 NOTION: . Councilman Mueller moved, seconded by Councilman ' Measles, to approve the billing. Councilwoman Glick asked, what is this for, inspection? Public Works Director Kornelis replied, the inspection includes survey, testing, etc.,for Fidalgo. Council- woman Glick asked, what is the status? Mr. Kornelis replied at the present time, the contractor has been pulled off, fill has been brought in, 6 inches of leveling and 3 inches of pavement is not in. The underground work is done. Councilwoman Glick asked, is it going to be cost -prohibitive for other busi- nesses to cut into the utilities? Mr. Kornelis said no, it will be very beneficial. services are . provided to most of the lots. Councilman Hall asked, are there stub -outs to all the vacant lots? Mr. Kornelis replied all except those we are not sure of (Youth Center, etc.). Councilwoman Glick asked, did we incur additional cost over runs on the excavation? Mr. Kornelis replied there is a pay estimate later on. There is quite an over run, $32,000 or $103,000. Councilwoman Glick asked, what was the amount of unclassified material? Mr. Kornelis replied he didn't know. City Manager Brighton asked Mr. Kornelis, is that the additional over run over the last $70,000? Mr. Kornelis replied yes. Councilman Hall asked, at this time, they had not gone into excavation? Mr. Kornelis replied that was correct. - - -- - -----_ Motion passed, with Councilwoman Glick and Council- man Wagoner voting no. F _ 4A KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 19 G-18 OMNI North - Pay Estimate #5 - $73,088.50 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Motion passed unanimously by roll call vote. G-19 Blazy Construction - Pay Estimate #1 - Youth Center - $104#589.88 MOTION: Councilwoman Glick moved, seconded by Councilman Mueller, to approve the billing. Motion passed unanimously by roll call vote. G-20 Quality Asphalt - Paving, Fidalgo S/D - Pay Estimate - $109,113.62 MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the billing. Public Works Director Kornelis explained we didn't have to make claim on the contract, bu he wanted the contractor to know we have noted it. Our documents require the underground work to be done by Oct. 30. He had not finished. There's a clause that he will be charged for over run. He wanted to make clear he will be charged. Councilwoman Glick said if we can deduct at this time, she would Just as soon do it now. We are looking at about $11,000. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to withhold $100 per day from Oct. 31, as per the contract. City Manager Brighton said he would like to explain to Council, if this is left hanging, we have room to negotiate. Mr. Kornelis said the contractor has asked for money he doesn't think he's entitled to. He further explained, water and sewer to each road r in Fidalgo, some water lines will have to be changed, �✓ for larger -lines. For a 2 inch line he came in for 0 ' 1 d ' I I a I �i i J A I i r 1 t r 1 } it I KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 20 $3,500 instead of $500 for City Hall. The Youth Center wanted $1,500 or $2,000 because it's closer to the line. We had figured at the most $1,000. Mr. Kornelis said no, we will do it ourselves. Nor- mally they would say okay and they would not be responsible. But the sub -contractor had ordered ° the material. The contractor claims they have to do it. As it stands now, Mr. Kornelis has asked I for a letter of explanation. if we don't receive - a reply by a certain date, we will go ahead with the job. The Youth Center is already tied in with a 2 inch line without the approval of the City, --- it was done for $500. They have come to the City with claims he doesn't think are legal. 1. We have deleted for 4 or 5 lots we don't need lines on, the contractor has asked for a re- fund. The contract disputes this. 2. The City crews have worked with them more than was necessary. He did not object, he felt it j was good for the crews to see the lines. They want $2,000 for the time the water was turned -- off. Councilwoman Glick said the contractor ordered material prior to approval. How can they do this? Isn't that the purpose of an engineer? who approves? Mr. Kornelis said when we asked to go to a larger line, we asked for a price. He just bought the material. Councilwoman Glick asked, was it in writing? Mr. '• Kornelis replied yes. Councilwoman Glick asked, he had to change the line to the City Hall? How was the City Hall designed originally? Mr. Kornelis replied with a 2 inch line. Councilwoman Glick asked when he got the contract to go to the City c Hall, should not he have looked at the plans? Mr. Gintoli replied the decision was made in early June, he was still designing in early June. MOTION, withdrawn: , < Councilwoman Glick, with consent of second, with- 1 if..; drew the amendment. i City Manager Brighton said one fact Mr. Kornelis - - -- --- ' did not mention, we do not have water to City Hall. If we wait too long, it will be too cold. i Motion passed, with Councilwoman Glick and Council- man Wagoner voting no. ,. r, 1 ° - I� 1 I ° I KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 21 G-21 Quality Asphalt - #1, Fidalgo S/D - Galvanized Instead of Painted Light Poles - $1,980 MOTION: Councilman Mueller moved, seconded by Councilman Measles, to approve the change order. Mayor O'Reilly asked Public Works Director Kornelis for an explanation. Mr. Kornelis said it is a bad situation. On the contract it stated the poles will be steel poles. The engineer contradicted himself. The contractor received painted poles when he ordered. The contractor asked for a mark- up. Mr. Kornelis doesn't feel he deserves it. The photo -electric cell was wrong also. The con- tractor absorbed that. Councilman Malston asked, whose fault was it? Mr. Kornelis replied, the engineers. Councilman Wagoner asked, has a sub- stitute been made? Mr. Kornelis replied no, they have written and asked why the delay. Councilman Measles said on another subject, whose air fare are we paying? Mr. Kornelis replied, Wayne Henderson. Councilman Measles said he was listed as a Soldotna business when we contracted him. We should not pay for air fare. He should come down and talk to the Council. Motion failed, with Mayor O'Reilly, Councilman Hall voting yes, Councilwoman Glick, Councilmen Malston, Measles, Mueller and Wagoner.voting no. Mayor O'Reilly noted we have voted for painted metal poles. Councilman Malston asked, what does the contract call for? Mr. Kornelis replied both. Atty. Delahay said this is not the fault of the contractor. It's a question of what we want. You can seeXdeferenc in Court.The part number was listed for him. You should go to the engi- neer, not the contractor. MOTION, Reconsideration: Councilman Measles moved, seconded by Councilman Mueller, for immediate reconsideration of item G-21, Quality Asphalt bill. Councilman Mueller asked if it would be appropriate to remove the 15% mark-up? Mr. Kornelis replied it is not in. i KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 22 Motion passed, with Councilwoman Glick voting no. VOTE, Item G-21, Quality Asphalt Change Order: Motion passed, with Councilwoman Glick voting no. G-17 Peninsula Engineering, Reconsideration: MOTION, Reconsideration: Councilwoman Measles moved, seconded by Councilwoman Glick, for reconsideration of Item G-17. Motion passed unanimously by roll call vote. Councilman Measles said the reason for the recon- sideration was he felt there are discrepencies in the statement. The engineer should appear at Council at his expense. He would like to postpone payment till Mr. Henderson appears before Council. Councilwoman Glick agreed with Councilman Measles. Councilman Wagoner suggested the business manager check to see when he moved his offices to Anchorage. VOTE, Item G-17: Although no formal motion for postponement was made by Councilman Measles, it was treated as such and on a call for vote by the Mayor, it was passed unan- imously by roll call vote. G-22 Dowling/Rice & Assoc. - Youth Center Payment - $2,240 MOTION: Councilman Measles moved, seconded by Councilman Malston, for approval minus 10%. Finance Director said that would be $2,016. Council- man Wagoner asked, does this not include the amount previous discussed? Mr. Kornelis replied no. Motion passed unanimously by roll call vote. G-23 Kenai Peninsula Community Care Center - Con- struction - $55,515 /-` w (0 c® KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 23 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the bill. Mayor O'Reilly asked Finance Director Brown if every- thing was okay with the bookkeeping. Mr. Brown replied we do not have control over this that we have with other projects. That is why he asked for back-up. Motion passed unanimously by roll call vote. G-24 Wince, Corthell, Bryson & Freas - Spur Frontage Rd. Inspection - $26,801.27 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the bill. Finance Director noted the total amount should be $8,789.03. Motion passed unanimously by roll call vote. G-25 Dept. of Revenue & City Hall - Letter from C. Gintoli, Architect City Manager Brighton explained Mr. Gintoli gave us a letter stating that $76 would be the annual cost, $31 per month is the State cost. He further stated Finance Director Brown figured the amorti- zation of the bond issue at $169 per month. That left the janitorial cost, he used $.15 per square foot as average. That would be a cost to us of 400 square feet. We are putting costs together to give to the Dept. of Revenue. Mayor O'Reilly noted a long time back, Public Safety was looking at a Soldotna building for office space. We would have no service here. Commissioner Nix had said if we could come up with a figure he could move within, he would leave it here. Councilman Hall asked, did he give us a figure? Mayor O'Reilly replied no, we told him we would not make a profit from it. We still have to work on the Dept. of Health. Councilman Hall asked, was the heat figure - gas? Mr. Gintoli replied yes, we have solar, air-to-air i Y a •i+ l Y t KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 24 heat exchanger and insulation. Councilman Wagoner said there was a bill passed to have State facilities close to the people. He is not sure they can move. Councilman Malston noted even with the cost in the beginning,. there will be benefit in the long run. Councilwoman Glick asked, what was the cost? City Manager Brighton replied, $.57 per square foot. Councilman Hall asked, the costs are $273 per month? Mr. Brighton replied yes. Councilman Malston sug- gested, why not let Atty. Delahay use his own judg- ment as long as he covers expenses. What do they pay now? Mr. Gintoli replied, $.62 per square foot. Mr. Gintoli suggested the Council consider an energy escalation clause. City Manager Brighton said, regarding the Health Center - there is confusion, did you intend to charge rent or have the same as the Dept. of Safety - rent or just the cost of utilities? Councilman Malston asked, was there prior correspondence? Mr. Brighton replied he has had none. Councilman Hall said if they participate in the -construction, just charge them the same as the Dept..of Revenue. Councilman Wagoner noted that was City bond money from the 1972 Civic Center, there was no State money. Mr. ' Brown said it is bond money. It is not appropriate to sell bond money to build and charge rent to those using the buildings. Councilman Malston replied, true, but in 1968 or prior to that, there was an agreement with the Dept. of Health when the build- ing was moved, that when we built a new facility, they would be included. Mr. Brighton said if you are furnishing a building and not charging rent, you cannot charge for a new building. Council- man Wagoner said at the same time, we should check with other cities and see what they do. Council- man Hall asked, is the Health Center State funded? Councilman Wagoner replied yes. Councilman Hall said then it is not a City service. Councilwoman Glick said when the City was trying to negotiate land with Carr-Gottstein, Sen. Gravel got a trade- off to get land for Carr's and move people to that area. This is a service we have provided for years. We should check our correspondence. Mayor O'Reilly directed City Manager Brighton to check on the square footage and correspondence involved. G-26 Forsi Proposal for Water & Sewer, Section 36 Councilwoman Glick asked, was this solicited? Public Works Director Kornelis replied it was .i solicited, Forsi defined the project. He suggested they send a letter to the City of what he had in w ` l� (0 KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 25 mind for engineering. The water & sewer engineer- ing has been done. The water & sewer line goes through Section 36. We are past the engineering stage, this is a management contract. Councilwoman Glick said she thought before we go into water & sewer in Section 36, the Land Committee had a meeting and suggested the drainage problem should be ad- dressed. There is a possibility we may have to change access points. Mr. Kornelis explained the storm drainage had nothing to do with water & sewer. This is on State right-of-way. This is main line. Section 36 is a road problem. This could be put in regardless. We say we need money to make it work, it should be ready when we go to Juneau. Council- woman Glick noted this was discussed at the last Committee meeting. Councilman Hall opined that before anything could be done, the drainage prcb- lem has to be resolved. Mr. Kornelis asked, even before water & sewer? Councilman Hall replied yes. Mr. Kornelis said we designed water & sewer before we even had Section 36. We were told to go out to bids. We have no money to do the engineering. Councilwoman Glick said it was her understanding vie could use some of the $750,000 for addressing the drainage. It should be addressed. You should try to look at all the problems before we start. Mayor O'Reilly asked, how wide can we interpret the State grant as regards water & sewer? Mr. Kornelis thought it was just water & sewer. City Manager Brighton said he thought they were all right. We are at a stand -still till we can dis- pose of the surface water. Mr. Brighton further explained Mr. Kornelis thought we could make appli- cation to CEIP. This project was designed with- out concept of the State to Section 36. This proj- ect ought to go ahead, after bidding is,done we could go out for surface water drainage. Once both projects are done, they become one. Councilwoman Glick asked, if you decided CEIP funds could be used, why wasn't it applied for? Mr. Kornelis repied, it was. Councilman Hall said he thought it was enough money to do the left side of the Spur plus part of Section 36. Mr. Kornelis replied we won't know till the bid comes in. Councilwoman Glick said we had a study done on surface water drainage. She assumed we were doing proposals with $750,000 to do the drainage study. Mr. Kornelis reiterated he couldn't see the relation between the water & sewer line and Section 36. This will be buried ten feet down. They are two separate problems. Councilwoman Glick replied, 0 a:. KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 26 sooner or later it will have to be put in. It should be done right from the beginning. Councilman 14alston said whether we have Section 36 or not, we need a loop line. It will benefit Section 36 when it is in, but it has nothing to do with Section 36. Councilman Mueller noted getting this one done will make the lines ready when we put in Section 36. Mayor O'Reilly noted this is a request for engineer- ing management. Councilman Wagoner said if they did the engineering, they should not do the manage- ment. Councilwoman Glick asked, what is the figure? Mr. Kornelis replied, there is none yet. MOTION: Councilman Mueller moved, seconded by Councilman Measles, to ask for a proposal from Ted Forsi b Assoc. for the management phase. Councilman Sall asked if this will have to have an update? Mr. Kornelis replied yes. Councilman Wag- oner said the City needs to take a hard look at how we do the job, after looking at some of the paper- work tonight. Councilwoman Glick agreed. She said we need to establish a pattern. We are doing many different methods. Even though there are two proj- ects, they could be incorporated into one. Council- man Wagoner said the longer you wait, the higher the price goes. Are there any engineering firms that give a fixed base? Mr. Kornelis replied, not that he knows of. The engineer has no control over the contractor. MOTION, Amendment: Councilman Malston moved, seconded by Councilman Mueller, to go out to solicit proposals for an up- dated engineering and contract documents, bid specs, etc. VOTE, Amendment: Motion passed unanimously by roll call vote. VOTE, Main Motion; Motion passed unanimously by roll call vote. Councilman Malston said, to further follow through, we are going to apply for funds whether we get some CEIP - - - what are we going to do for Section 36 . 1 I iry�' f a�T 1 , KENAI CITY COUNCIL �.- NOVEMBER 5, 1980 - - Page 27 drainage? City Manager Brighton replied we will not apply to CEIP for funds. There are none avail- able. There are other areas we can apply. Mr. Kornelis said he would check. Councilman Hall said it involves bluff property. It should make it more available than other money. Mayor O'Reilly asked, what kind of money? Mr. Kornelis replied we are talking $100,000. Mayor O'Reilly asked the Council, if they wished Mr. Kornelis and Mr. Brighton to talk to the State about using the $750,000 for ---- engineering. Councilman Measles said before we approach that, we should check if the $750,000 will do what it was intended to. Councilman Malston asked if it could be done in sections. We are not going to develop it all. Mayor O'Reilly said the Land Committee can't give Mr. Kornelis a suggestion for a small portion, it will have to be a large section. Councilman Mueller noted we will need the overall volume (of surface water) to figure the size lines. Mayor O'Reilly referred the proposal to the Public Works Committee. UN -NUMBERED ITEM: Mayor O'Reilly referred to the Harbor Commission memo. ' MOTION: Councilman Malston moved, seconded by Councilman I Measles, to concur in the recommendation of the Harbor Commission and would express these views -- to the Borough Administration and Borough Assembly. Mayor O'Reilly explained we wish to show the Borough the steps we have taken, and will take. It is the Borough's responsibility, rather than the City's, .;I but they have not taken action. Councilman Mueller ?_ said he objected to section I, line 3, "at present." He thought it meant we could change. Mayor O'Reilly replied we meant that. Councilman Wagoner and Councilman Mueller requested some minor changes. Council agreed to these. r-�b- Motion passed unanimously by roll call vote. H. REPORTS -- H-1 City Manager - City Manager Brighton spoke. 1� KENAI CITY COUNCIL -{ r NOVEMBER 5, 1980 Page 28 1. tie have received the value of the Youth Center lots, $91,000. 2. We have received a reappraisal of the City Hall lot, it is lower than the first. FAA will send a representative to take a look at the lot. ! Councilwoman Glick asked if a letter was sent to HEA. Mr. Brighton replied yes, he had a meeting -- with Mr. Wik and Mr. Collins. They will prepare a proposal with the City share of cost. They will not underwrite the total cost. Councilwoman Glick - asked, have they received a letter from the people? Mr. Brighton replied yes, they sound relatively reasonable. Councilwoman Glick asked if a letter was sent re- garding the Willow St. construction, with attach- ments? Mr. Brighton replied he would check. Councilwoman Glick asked if the passport issuance by the Court Clerk was settled. Mr. Brighton replied letters were sent. The Court Administrator called -- back, Judge Hanson had said no. The Court Admin- istrator (Mr. Snowden) will contact Seattle for arrangements if the City Hall would do. He has . had no reply. - Councilman Malston noted the lights on Willow. HEA has said that is all they can do. Mr. Brighton noted at the Chamber of Commerce meeting, HEA said they were done. He noted Mr. Kornelis had said HEA was not done. Mr. Kornelis said he contacted the State and told them to check on who is wrong. At the last State inspection, Mr. Kornelis told them of the problem. HEA had said a transformer was needed. H-2 City Attorney Atty. Delahay spoke. ,L<o' I 1. Regarding the "Connie." Mr. McNamara's 1. attorney accepted the bonding moneys. Except for the next payment, it is settled. _ 2. He will be going to Municipal League,then to New York City, and will be gone much of Nov. 4 1 . -7 i T � L f KENAI CITY COUNCIL NOVEMBER 5, 1980 C� Page 29 H-3 Mayor Mayor O'Reilly spoke. 1. Mayor O'Reilly nominiated Mary Quesnel to the Planning & Zoning Commission. Nomination was approved with Councilman Malston absent. 2. He asked to defer the Harbor Commission appointments. - Council agreed. 3. The Council will have to meet with Assembly persons of our district as soon as possible. 4. The Council needs a work session on capital improvement projects to bring to Juneau and plan an inspection of City facilities. A work session was planned for Nov. 10, 1980 at 7:30 PM. A tour of the City facilities was planned for Nov. 29, 1980. (Note: this was subsequently changed to Nov. 22, 1980) Councilman Mueller and Councilwoman.Glick were asked to review the jail facilities and report to Council. S. Councilman Wagoner will act as liaison with the Harbor Commission to take•the place of Councilwoman Glick. Councilman Wagoner was also appointed to the Police Association 1 Committee in place of Councilman Ambarian. The Airport Committee and the Real Estate Committee have been combined to form the ?' Airport/Real Estate Committee. Members will be: a. Dick Mueller - Chairman b. Ray Measles j C. Betty Glick d. Ron Malston 6. The Mayor will make copies of the correspond- ence with Jerry Reinwand for Council perusal. H-4 City Clerk I 1 • a �I - .l KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 30 Clerk Whelan spoke. 1. She requested Dec. 24, 1980 and Dec. 26, 1980 off for vacation time. Council agreed. 2. She notified Council the ballots from the previous year would be destroyed, according to Ordinance. 3. The tickets for the Municipal League meeting in Fairbanks are ready. H-5 Finance Director Councilwoman Glick asked Finance Director Brown if we had received the portion of money on sales tax money the Borough has collected. Finance Director Brown replied we have received money, but he would have to check with the Borough to get the source. Councilwoman Glick asked, is there no differentiation made. Mr. Brown replied yes. Councilwoman Glick asked, could you follow through on the source, Mr. Brown replied yes. Mayor O'Reilly noted he had neglected to mention Councilman Malston will chair the Policemen's Association Committee. H-6 Planning & Zoning - None H-7 Kenai Peninsula Borough Assembly Mayor O'Reilly suggested this item be deleted from the agenda, as there was no representative. S" Council agreed. H-8 Harbor Commission Mayor O'Reilly noted we had already discussed the items pertaining to this subject. Relating to the Kenai Borough Assembly, Councilman Malston suggested, since we don't have a direct ~-=! representative at the Borough, should the Council appoint one? Mayor O'Reilly replied he will get suggestions at the meeting with the four representatives. 0 o I i 'I `Y — - - - KENAI CITY COUNCIL ' NOVEMBER 5, 1980 Page 31 ". I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Councilman Wagoner said Gary Davis wanted to discuss the Harbor Commission. He noted between $550,000 and $650,000 is bond money from 1974. ` Mr. Davis is putting a report together to get the funds released. We should know in a couple of weeks. 2. Public Works Director Kornelis discussed the - - CEIP money. He would like to go out for design on Tinker, Walker, Main St. Loop. We have the money. Councilwoman Glick said he should make I sure all are addressing the same items. She -- further asked if there will be a meeting with the Public Works Committee. Mr. Kornelis re- - _ plied yes, there is water & sewer in Tinker and Walker. Main St. Loop has engineering for , water. . 3. Librarian Deforest said she would be gone Nov. 29, 1980 during the City facilities tour. ` 3 The Council can have -a personal tour before =' ( that date if they like. 4. Carmen Gintoli spoke regarding the City Hall. o We can have a $6,000 credit if we take a dif- ferent ceiling. The contractor was going to install one Mr. Gintoli would not accept. One was agreed on, the contractor later offered a $6,000 credit if we'd take this one. NOTION: > Councilman Malston moved, seconded by Councilman Measles, to accept the offer of $6,000 credit. Motion passed by unanimous voice vote. Mr. Gintoli spoke on art in the City Hall. He had suggested a sculpture for the front of the building, with a prize awarded. The .. art representatives (sic) would like to have - .,_/ Council appoint a committee to review art and make it revolving so we have different art to display. 5. Recreation Director McGillivray spoke. p i i , .fr1L'/.Niw '. I�iK'•i• r:r -. i• f.,• . •r•V+ .J i+. /�G' r'. 1 .-S'w�r• - - .. ,- _ ... . _a.. .-vv ./'r., a f.: V�..ar-.asRv, r. F..'Y.•r-.n • ?.y r. .'. .'W-.. / ,Y':•IT•'. or.. .Y. ..1� e;1.�>swfr /Ia.n+.`.^ S � oo KENAI CITY COUNCIL NOVEMBER 5, 1980 Page 32 Ji� Regarding BOR projects, he has received corre- spondence that the City is eligible for match- ing funds for park improvements. Mr. McGillivray has also received correspondence from the State, the hearing time is complete, Beaver Creek Park will revert to the City. j ADJOURNMENT: - - Meeting adjourned at 12:40 AM. Respectfully Submitted, Janet Whelan City Clerk I�{ l 7 . I 'f 1nn 1 I I f J 0 AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 19, 1900 PLEDGE OF ALLEGIANCE A. ROLL CALL: AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 625-80 - Increasing Rev/Appns - Special Revenue Fund, Senior Citizens Project - $520 2. Ordinance 626-80 - Increasing Rev/Appns - General Fund Budget - Planning, Design Work on Cultural Facility - $12,808 3. Ordinance 627-80 - Increasing Rev/Appns - Federal Revenue Sharing Fund - $111,350 4. Renewal of Liquor License - Larry's Club 5. Transfer of Liquor License - Oaken Keg, Carr's Quality Center to Carr's Quality Center and J.P. Wiley 6. Renewal of Liquor License - Oaken Keg C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Judge James Hanson - Street Next to Court Building 2. Kathy Settle - Cultural Facility D. MINUTES E. CORRESPONDENCE F. OLD BUSINESS 1. Contract for Administrative Coordinator G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 628-80 - Increasing Rev/Appns - New Capital Project Fund Entitled "Water and Sewer, Section 360 - $750,000 4. Ordinance-629-80 - Increasing Rev/Appns - Additional Overtime, Police Dept. - $9,446 S. Resolution 80-164 - Transfer of Funds - Airport Lands Fund - Pay to•Street Employee While Airport Operations Manager was on Leave - $1,927 1 i r' 6. Resolution 80-165 -• Transfer of Funds - Water and Sewer - Special Water Tests - $220 7. Roper Request for Lease Amendment for Financing, Tracts B&C r. 8. USKH - Final Bill, Topo Study, Soils Conser- vation Services - $9.863 9. Wince, Corthell, Bryson & Freas -Airport Electric Improvements - $6,122.47 10. Peninsula Engineering - Fidalgo Street Improve- ments, Phase 8-055 - $17,771.49 11. Partial Payment - Doyle's Excavating - Frontage Road - $35,667.46 9 12. Final Payment - Alaska Boiler & Heat Exchange - Lube Facility and Shop Building Addition - ---- $16, 795 13. Partial Payment - Alaska Boiler & Heat Exchange - `�''I Warm Storage Building - $32,522.85 - 14. Partial Payment - Brown & Assoc. - Sewage Treat- ment Plant Expansion - $262,286.17 15. Partial Payment - Coastal, Inc. - Airport Improvements - $165,499.68 16. C. Gintoli Proposal for Cultural Facility 17. Sewage & Water Problems - Thompson Park and Valhalla Heights H. REPORTS 1. City Manager 2. City Attorney 1 3. Mayor 4. City Clerk S. Finance Director 6. Planning & Zoning }' 7. Harbor Commission I I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT •F , D h 0 i-. r rF- KENAI CITY COUNCIL, REGULAR MEETING, MINUTES NOVEMBER 19, 1980 - 7:00 PM CJ KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present; Betty Glick, Jess Hall, Ron Malston, Ray Measles, Dick Mueller, Tom Wagoner, Vincent O'Reilly Absents None AGENDA APPROVAL Mayor O'Reilly requested C-1, Judge James Hanson, Street Next to court House - be deleted. Judge Hanson said the street had been taken care of. Council agreed to the deletion. B. PUBLIC HEARINGS B-1 Ordinance 625-80 - Incieasing Rev/Appns - Special Revenue Fund, Senior Citizens Project - $520 MOTION Councilman Malston moved, seconded by Councilwoman Glick, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-2 Ordinance 626-80 - Increasing Rev/Appns - General Fund Budget - Planning, Design Work on Cultural Facility $12,808 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-3 Ordinance 627-80 - Increasing Rgv/Appns Federal Revenue Sharing Fund $111,350 MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to adopt the ordinance. A Of .. - .� ., _ .. Lei--.o-r� •-.: .. KENAI CITY COUNCIL NOVEMBER 19, 1980 Page 2 There was no public comment. Motion passed unanimously by roll call vote. B-4 Renewal of Liquor License - Larry': Club I, j Clerk Whelan said all taxes are current. MOTION: - - Councilwoman Glick moved, seconded by Councilman jMeasles, to send a letter of non -objection to the Alcoholic Beverage Control Board regarding LarrY 's Club. Motion passed unanimously by voice vote. B-5 Transfer of Li uor License - Oaken Keg, Carr's q g ' Quality Center to Carr's Quality Center and J.P. Wiley Clerk Whelan said all -taxes are current. ( NOTION: Councilwoman Glick moved to send a letter of non - objection to the Alcoholic Beverage Control Board , regarding the Oaken Keg. There was no second. Motion passed unanimously by voice vote. B-6 Renewal of Liquor License - Oaken Keg NOTION: Councilwoman Glick moved to send a letter of non- `-;, objection to the Alcoholic Beverage Control Board regarding the renewal of Oaken Keg. There was no second. "� .. Motion passed unanimously by voice vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1 Kathy Settle - Cultural Facility �T Mrs. Settle explained during the last legislative --r, session, the committee was not able to get a direct E° n N t:..0 ' 1 i ' I KENAI CITY COUNCIL NOVEMBER 19, 1980 Page 3 0 appropriation for a cultural facility. They were given $200,000 for planning, development, promotion, etc. Each of 13 communities was given $5,000. The balance of the $200,000 was given to communities on the basis of the facility they were proposing. Kenai has $13,000. Now she would like the Council to get schematics, etc. We will be getting a direct appropriation, we need our plans finalized. We do not need a feasibility study. We need to move for- ward now with it. Councilman Wagoner asked if any of the consultants were willing to work on it so they will have work when it is done? Mrs. Settle replied yes, with the understanding he will be hired as consultant when it is finalized. Councilman Malston asked if there was not enough time to go out for bids. Mrs. Settle replied that was correct. Councilman Malston noted, if we would agree to use one individual's services, we are guaranteeing his hire. Mrs. Settle explained her reasons for rec- ommending Carmen Gintoli is, someone has to do this and he knows the job. Councilman Hall asked, is there only $12,000 available. Mrs. Settle replied yes. Councilman Hall noted the consultants have volunteered their services, and they will work with the architects. He felt this would be done after the plan is done, then decide on the consultants. Mrs. Settle said we only have $12,000, we have to get the most we can out of this. Mayor O'Reilly asked Mrs. Settle, she is recommending we don't go through ordinary channels because of time? Mrs. Settle replied yes. Mayor O'Reilly asked, would it be her recommendation that the Council work through Shirley of the State Commission on the Arts? He said he could see working with her to get funds, etc., but we may be at a different situation this time. Each community will be work- ing for their own city. Mrs. Settle replied our representative will be looking out for us, because we voted for a facility. Mayor O'Reilly suggested a meeting on this, we may want to go alone instead of with the State. Mrs. Settle replied at this point, we have to go with the Cultural Facilities committee. Councilwoman Glick said she felt we should work with that committee but.we should go our own also,. Councilman Wagoner asked, has the Council heard the Kenai Central High School pArents and students are pushing for an 800 seat auditorium? With this ( in mind, would the Council want to rethink this program? Mrs. Settle replied she would have to talk to the committee and check with the community. � r ti TIt -1/�•�s•r • t •.sue-...-.....-4�-. KENAI CITY COUNCIL NOVEMBER 19, 1980 -- i Page 4 She said she was not aware of the high school pro- posal. She further stated we are looking at a community facility. There comes a time when we 4 want to get out of the schools. i Francis Meeks spoke. She noted part of the culture center was a museum. That could not be part of the high school. Councilman Wagoner explained, he did not say to do away with the culture center. He ! just thought we should rethink our proposals. f Councilwoman Glick suggested we design the facility for all other proposals and make the auditorium an option. Councilman Wagoner agreed, noting per- haps we could make it a conference center. No action was taken by Council. D. MINUTES None 'E. CORRESPONDENCE None F. OLD BUSINESS F-1 Contract for Administrative Coordinator e City Manager Brighton said he picked up the contract signed by the Borough. The Council will have to authorize the City Manager to sign the contract. He said he didn't foresee any problem. MOTION: Councilwoman Glick, seconded by Councilman Malston, moved to authorize City Manager Brighton to sign the contract between the City and the Borough for } Administrative Coordinator dealing with Coastal Zone Development. Councilman Mueller noted in Appendix A, #2 - it was his understanding we have shelved that. Also, the points ort page 9, item 6 - have all the points been looked at and addressed? City Manager Brighton T replied this is dependent on the wishes of the Council. The Borough has Agreed to be responsible that the City research the small boat harbor operation. The Dept. has given authority to approve a. 0 KENAI CITY COUNCIL NOVEMBER 19, 1980 Page 5 hiring an individual or firm based on quality. Administrative Coordinator Davis explained written authorizations are part of the State con- tract. The State has approved the City/Borough contract and the City/Davis contract as meeting all conditions. Councilman Mueller said,but this is still with the agreement to research the small boat harbor. We have scrapped this. After a short recess, a motion was made. MOTION,Amendment: Councilman Mueller moved, seconded by Councilman Measles, to amend the motion to conform to the resolution passed by Council regarding construction of the harbor and support of free enterprise. VOTE, Amendment: Motion passed, with Councilman Malston voting no. VOTE, Main Motion: Motion passed, with Councilmen Malston and Mueller voting no. Mayor O'Reilly said we cannot approve the contract without prior approval. Mr. Brighton agreed, and said the appropriate authority was Phil Waring of the Borough. Councilwoman Glick asked, how soon did he expect to get that? Mr. Brighton replied tomorrow (11-20-80), with a phone call. MOTION: Councilman Wagoner moved, seconded by Councilman Measles, for Council to approve the contract con- tingent upon approval of the designated authority. Councilman Measles noted the contract gives the Borough the right to suspend the contract at their discretion. Where does this put Mr. Davis? Council- woman Glick said there's a very real possibility the Borough will cancel because it deals with Coastal Zone Management. The last Borough meeting passed a motion to go ahead till Kramer, Chin and Mayo come forward with a simplified proposal. She further explained Mayor Thompson said Coastal Zone Management and wetlands are two problems the Borough will have to contend with. Mr. Brighton said in addition to the Borough being able to r� i 1 KENAI CITY COUNCIL NOVEMBER 19, 1980 Page 6 cancel the contract, in the State contract it can be canceled also. Most all of them have termination clauses. Mayor O'Reilly asked, suppose the Borough cancels, do we have a non -cancelable (sic) contract with our consultant? Councilman Wagoner replied paragraph 3 in the contract does. If not, we can draw one up.Councilman Measles noted paragraph 5-d does that. Motion passed, with Councilmen Malston and Mueller voting no. G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified Finance Director Brown asked that a bill from Alaska Sales and Service for a Public Works vehicle, in the amount of $44,468.66 be added. MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the bills with the addition requested by Finance Director Brown. Motion passed unanimously by roll call vote. G-2 Requisitions Exceeding $1,000 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the requisitions. Motion passed unanimously by roll call vote. G-3 Ordinance 628-80 - Increasing Rev/Appns - New Capital Project Fund Entitled "Water and Sewer, Section 36" - $750,000 MOTIONs Councilman Malston moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed unanimously by roll call vote. G-4 Ordinance 629-80 - Increasing Rev/Appns - Addi- tional Overtime, Police Dept. - $9,446 J i i I i i KENAI CITY COUNCIL NOVEMBER 19, 1980 Page 7 MOTION: Councilman Measles moved, seconded by Councilman Malston, to introduce the ordinance. !. Councilman Malston asked, does Wien pay for this? Finance Director Brown replied yes. Motion passed unanimously by roll call vote. E' G-5 Resolution 80-164 - Transfer of Funds - Airport Lands Fund - Pay to Street Employee While Airport �J Operations Manager was on Leave - $1,927 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-6 Resolution 80-165 - Transfer of Funds - Water and Sewer - Special Water Tests - $220 MOTIONS Councilman Measles moved, seconded by Councilwoman Glick, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-7 Roper Request for Lease Amendment for Financing, Tracts B&C MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the request from Mr. Roper. Motion passed unanimously by roll call vote. G-8 USKB - Final Bill, Topo Study, Soils Conservation Services - $9,863 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the billing. Motion passed, with Councilman Wagoner voting no. I.-• i 1 j� _ a 1 1 1 J 1 i i filar �i r�I _ .._{�� -... (:...i._11��... rt Y•r Tio n-11 I KENAI CITY COUNCIL NOVEMBER 19, 1980 Page 8 G-9 Wince, Corthell, Bryson & Freas - Airport Electric Improvements - $6,122.47 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Motion passed unanimously by roll call vote. G-10 Peninsula Engineering - Fidalgo Street Improve- ments, Phase 8-055 - $17,771.49 MOTIONS Councilman Mueller moved, seconded by Councilwoman Glick, to bring the billing back from a tabling motion. . Motion passed unanimously by roll call vote. Wayne Henderson, Peninsula Engineering spoke. Mayor O'Reilly asked Mr. Henderson, when the contract was C approved, it was a local firm, now it is in Anch. w Mr. Henderson explained when the initial contract' was done, he was in Soldotna. The second contract for construction supervisor was made when he was in Anchorage. He also noted the subcontractor had increased his charge to $35 per hour, and that Finance Director Brown had changed that. The second contractor did have an agreement for him in Anchorage. Councilwoman Glick stated some of the problems were cost of travel to Anchorage. She said it has been the practice of the Council to give the engineering contract to supervision. The Public Works Director had to make trips to Anchorage to speak to Mr. Henderson. Mr. Hender- son suggested if this presents a problem to Council, he will delete it. He further stated he didn't believe Mr. Kornelis had to come to Anchorage to see them. Mayor O'Reilly asked, what about the over -runs? Mr. Henderson said they were relating to excavation, that has not changed since the last j meeting. Councilwoman Glick asked about the mate- rial removed From Atla Way. Mr. Henderson replied ' there was 300 to 400 yards additional. MOTION: - Councilman Measles moved, seconded by Councilman Wagoner, to pay the bill minus the four items in- - -- volving travel, airplane, and vehicle rental. • 1 C0 KENAI CITY COUNCIL NOVEMBER 19, 1980 Page 9 Councilman Wagoner said at the last meeting, some- one was going to research the earlier billings. Finance Director Brown replied this was done, this was his first. Motion passed, with Councilmen Malston and wagoner voting no. G-11 Partial Payment - Doyle's Excavating - Frontage Road - $35,667.46 MOTION: Councilman Mueller moved, seconded by Councilman Hall, to approve the billing. Motion passed unanimously by roil call vote. G-12 Final Payment - Alaska Boiler & Heat Exchange - Luba Facility and Shop Building Addition - $16,795 MOTIONS Councilman Malston moved, seconded by Councilman Mueller, to approve the billing. Public Works Director Kornelis stated since the time this wag submitted, there have been problems that have come up. He would like to table it. MOTION, To Table: Councilwoman Glick moved, seconded by Councilman Malstoa, to table this bill till December 3, 1980. Motion passed unanimously by roll call vote. G-13 Partial Pa ,•, yment - Alaska Boiler & Heat Exchange - _r Warm Storage Building - $32,522.85 j MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the billing. Public Works Director Kornelis explained the $9,000 reduction, as shown'on the billing. Motion passed unanimously by roll call vote. 1 i 4- - rj KENAI CITY COUNCIL NOVEMBER 19, 1980 Page 10 + G-14 Partial Payment - Brown & Assoc. - Sewage Treat- ment Plant Expansion - $262,286.17 MOTION: Councilwoman Glick moved, seconded by Councilman Hall, to approve the billing. n Motion passed unanimously by roll call vote. --- i G-15 Partial Payment - Coastal, Inc. - Airport Im- provements - $165,499.68 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. I - Motion passed unanimously by roll call vote. G-16 C. Gintoli Proposal for Cultural Facility Carmen Gintoli spoke. He -explained what he wanted was to get approval from the Council for =_ the Community Center. They have a $12,000 grant. He is proposing to do the schematic designs for that amount. He will do: a. Designs rendering b. cost estimate He has a commitment for a theatrical consultant, who is a graduate architect. Mr. Gintoli said his a main interest is to get the ball rolling. Mayor O'Reilly asked, would it be his intention to come in with several schematics in view of Councilman Wagoner's suggestion? Mr. Gintoli replied yes, he would be willing to work with any committees "s and the City. Councilman Hall asked, for $12,000, did he think he can come up with reasonable estimates? Mr. Gintoli replied, there will be some professionals, .' in the past, firms he has used have been very closo. Councilman Mueller noted the the sketches show a . r large auditorium and small museum. He thinks we are going to be flooded with auditoriums. Mr. Gintoli said the drawings show a 1,000 seat audi- torium or a 600 seat auditorium that folds up. It is a multi -purpose auditorium. 'The gallery, museum,and visual arts center are on the lower floor. :t ■1�w�■�■■s�l7-7 P F 0 KENAI CITY COUNCIL NOVEMBER 19, 1980 Page 11 Mayor O'Reilly asked, this is not locked? Mr. Gintoli replied, this is just a catalyst. Council- man Mueller asked, is this going to lay on the site so it can be expanded? Mr. Gintoli replied yes, if the Council wants. Councilwoman Glick said she felt we could get just as nice a building with less corners. Mr. Gintoli explained the corners are to define areas. He further reiterated the plans can be changed. Councilman Hall asked if it could be changed to be used for a convention hall, Mr. Gintoli replied yes. He also noted inflation factors will be included in the grant. What he had was a full theatre for the performing arts, items that were eliminated in the high school. Mayor O'Reilly asked, what would be the time frame? Mr. Gintoli stated his proposal said by early Feb., _ for the legislative session. He noted they need " work for the cultural committee to bring to the Legislature. Mayor O'Reilly asked, is there any - source of funding that we could use to pay for this? All we have is an approximate of estimated revenues and expenses.- The City will back up the $75,000 deficit. Mr. Gintoli said if we pay a con- sultant to come up with a figure, he will use the same figures the committee has used. He will check to see if any funds are available. Councilman Hall asked if they have the cost figures. Mr. Gintoli replied yes. Councilman Hall noted - The $75,000 deficit, he hadn't heard that. Mayor O'Reilly asked, will the architect do his work within the $12,000? Mr. Gintoli replied yes. He has agreed to work on the project if Mr. Gintoli is selected, and will work with him. a' MOTION: ; Councilwoman Glick moved, seconded by Councilman Measles, to approve or direct the administration to prepare a contract for services for Carmen Gintoli for design of a cultural facility based i on the recommendation of the Cultural Committee. Councilman Wagoner said it seems like we are doing the same thing here without proposals instead of proposals being submitted and getting other bids. This locks us in with the architect. Councilwoman Glick said she wished to say for the record that Mr. Gintoli did prepare free of•charge for the Youth Center, and that was sent to Juneau. No proposals were asked for, Mr. Gintoli did not get a change to be in the proposal. Mr. Gintoli said if the City approves the proposal & if the City wishes to ask for other proposals, the work will KENAI CITY COUNCIL NOVEMBER 19, 1980 Page 12 not go to waste. The City has no obligation to him. Motion passed, with Councilman Wagoner voting no. G-17 Sewage & Water Problems - Thompson Park and Val- halla Heights Councilman Mueller explained he had intended this to be part of the last work session. We cannot do anything at this time. He reviewed the memo, and explained three lift stations would be needed. He further stated, at the Municipal Conference he talked with DEC, they have funds available at a percentage basis. What the requirements are, he didn't know. Mayor O'Reilly suggested at the next work session, these items be discussed. Council agreed. Mayor O'Reilly noted the representative from Clary Insurance, Jack Webb, was present, H. REPORTS H-1 City Manager City Manager Brighton spoke. 1. Regarding the proposed move of the Dept. of Revenue. He spoke to Mr. Nix Nov. 18 and was told to put in writing what he wanted. The cost comes out at $.62 per sq. ft. Mr. Nix said he would start work immediately, when Mr. Brighton told him the figure. Mr. Nix was down and looked at the City Hall, it looks good to him. He was astonished we are ask- ing to do it at that rate. Councilman Malston asked, Mr. Brighton did follow through with a letter. Mr. Brighton replied yes. 2. The Health Center. Mr. Brighton said he has an appointment,with the Dept. Nov. 25, 1980. It was his assumption the Council did not in- tend to calculate bond retirement for that portion of the building. If that is the case, •their rent would be $.22 sq. ft., for 1700 sq. ft., or $459 per month,. (Note, this was computed incorrectly.) He further stated, at $.62 sq. ft., it would be $3,054. Mayor O'Reilly t KENAI CITY COUNCIL NOVEMBER 19, 1980 Page 13 3. 4. ;W said when the Health Center was moved, an agree- ment was made that the Health Center would be put in the new building. It is a City bond issue, through the bond issue we would be paying for the Health Center rent. Councilman Malston said he talked to a nurse who used to be there. The building is owned by the Federal Govern- ment, we own the real estate and the founda- tion. When that was arranged with Carr's, approximately $30,000 of the sale was put into a special account to move the building and take care of expenses. We moved them. Mr. Brighton said he will have a meeting with the repre- sentatives of the Health Center to get this settled. He needs direction as to whether the Council wants amortization of the bonds. Councilman Malston said we should leave it open, so Mr. Brighton can get the best deal for the City. Mr. Brighton noted the Health Center helped pay for the City Hall. Council- man Wagoner said the bond issue was for City Hall and many others, but not the Health Center. Councilman Measles said there was a dollar amount for the Health Center. Li- brarian DeForest said the bond issue was for one building to include all those things. The library took part of it. Councilman Measles said $125,000 was for the Health Center. Councilman Malston said it was contingent on State bond issue passing, it failed. There was further discussion on the 1971 bond issue. Mayor O'Reilly said Mr. Brighton should pro- ceed at $.62. Councilwoman Glick added, with latitude to give us the best deal. Mr. Brighton noted we would be losing more losing them than with Dept. of Revenue. Passports. Peggy Arness of the Chamber has said she would issue them, if possible. The Seattle office said they were trying to exhaust all alternatives. Mr. Brighton told them all had said no. He further noted many feel this is a vital service for the area. There are about 120 issued per year, they take about 15 minutas per job. There is a $15 fee charged. Councilman Malston said we should proceed how- ever we can do it. Mr. Brighton said we need another work session. r• -.---�.,.�r_..—•-•--�'-'S._._ _. ... �, ems.. rr � �- �.. nn.��c..�l.. r+.. .., .��.. a u .. -. ..-rs .... tea. �-.-�ri ._ nrr...v..e.� KENAI CITY COUNCIL NOVEMBER 19, 1980 Page 14 Un-Numbered Item: ° Councilwoman Glick spoke on the Kenai Peninsula Borough Assembly. 1. The ordinance regarding the sales tax was withdrawn. She said she had talked to Assembly f members about the City feelings and to look at alternatives. She suggested a 1% reduction for relief for gas, heat, etc. She also sug- gested deleting personal property tax. She also suggested they remand the ordinance back to the Finance Committee. She will put it in writing and give it to Council. j2. There were two ordinances on rezoning. f f i° t:. f 3. Revenue Sharing - one speaker spoke against it. 4. School renovations - The voters approved. The request was $2 Million, $1.3 Million was allotted. S. Terms of offices for City members were reviewed and selected. H-2 City Attorney None H-3 Mayor Mayor O'Reilly spoke. 1. In his meeting Monday (11-17-80) he neglected to ask for representation for the Council meet- ings. He has sent letters asking for it. 2. Harbor Commission appointments. Mayor O'Reilly proposed Jim Davidson and Charles Ross. NOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the appointments as suggested by Mayor O'Reilly. Notion passed unanimously by roll call vote. 11 C i7 lY u - �•,� - -��,� - ram.,;; - --- -. _-- b,%N' KENAI CITY COUNCIL NOVEMBER 19, 1980 Page 15 Mayor O'Reilly asked Clerk Whelan to notify the •- .. new Harbor Commission members of their appointments. 3. City tour. The tour will be Nov. 22, 1980 at 8:00 AN. Carmen Gintoli noted he will have to have a contractor at the new City Hall if they intend to visit there. 4. A work session is planned with the Harbor Commission Nov. 24, 1980 at 7:00 PM. Other items to be discussed are: a. Bob Roper lease " b. Capital Improvement Projects priorities -, C. Other matters not completed from the last work session 5. The proposal of the Art Council for the art . display in the new City Hall was discussed, 6. Mayor O'Reilly asked the Council to approve the letter to City Cab. / Council approved the letter. 7. The Dow Chemical proposal. Mayor O'Reilly will be meeting with Prank Mcllhargey from the Borough Nov. 24, 1980 to get support for this. The Borough has other communities in- volved. Councilman Wagoner asked, are they requesting every site do all this? Mayor O'Reilly replied yes. Councilwoman Glick said Saturday (11-15-80) she talked to the Mayor of Valdez. They have much to offer. They already have the information Dow requests. I We need to get this done. There are two areas being considered in the Borough, the Borough should be looking at this. We don't have the money they have (Valdez), but they didn't have at first either. Perhaps we should invite the ` Mayor of Valdez over to find out what we have to fight. Mayor O'Reilly said Seward used ' Coastal Impact money to make their presenta- tion. We could get with the Borough and KNA to help finance the effort. It is not fully -' our responsibility, but it is to our benefit. Councilman Hall asked, has the Borough shown - = j an interest in this? Mayor O'Reilly replied, Mr. McIlhargey has, he didn't know about Mayor --=-= Thompson. Councilwoman Glick said she didn't think we are in league with Valdez. If we want to entice industry, we are going to be more politically astute so we can offer some- thing concrete. Mayor O'Reilly said we i i i I i ' � I f 1 I �J7 1 1 KENAI CITY COUNCIL -� NOVEMBER 19, 1980 Page 16 should considers a. Should we do it? b. What should be our degree of participation? f City Manager Brighton said we should not lose sight of the fact the Chamber of Commerce has appointed an industrial development group for the area and they might be willing to parti- cipate. Mayor O'Reilly replied he agreed, but we will need a consulting engineering firm. If we are in earnest, we will have to make a com- mitment to spend dollars. If the Borough won't I or can't do it, it is up to the City. Mr. -- - Brighton said the Borough has responsibilities to other communities in the Borough. Council- man Hall asked if Soldotna would be willing to share in the project, it is beneficial to them i also. Mayor O'Reilly said he would like to say at the meeting that Kenai will be willing to participate. ` Jack Webb, Clary Ins., spoke. He said it is a -- sales program to potential industry clients. The City and wildwood should do it alone and "toot their own horn." H-4 City Clerk Clerk Whelan reported that at the City Clerk's meet- ing at the Municipal League in Fairbanks, the prob- lems the City Clerks are having with elections was discussed. A proposal will be submitted to the Elections Board to enable us to hire additional help for the period before an election to help with the registration, reports, and absentee voting. H-5 Finance Director. Finance Director Brown said in reply to Council- woman Glick's question regarding delinquent sales tax. The Borough submits to us the prior month's report. It does not show breakdown. . H-6 Planning & Zoning - None H-7 Harbor Commission None i i ti 1 r KENAI CITY COUNCIL NOVEMBER 19, 1980 Page 17 I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Public Works Director Kornelis spoke. At the work session on Capital Improvements, Will Thompson was asked to take pictures. The cost will be $1200, there is money in the budget, but he will need a transfer. Mayor O'Reilly reviewed to Council the purpose of the pictures. They will be included in the booklets to be distributed to the Legislators. Councilman Wagoner suggested instead of small pictures, why not use single blow-up pictures and an oral presentation. Mayor O'Reilly said we will be making approximately 100. Councilman Malston asked, could a printing outfit do this for less money than what it is costing? Mr. Kornelis replied he checked into this, it would cost about $1500 and would not be as good. 2. Public Works Director Kornelis said the storm drainage on Section 36, funds from CEIP - there will be more funds available in Dec. (� Also, Coastal Zone Management program, the Borough is going over, it a very vital part of funds. Councilman Mueller referred to the Will Thompson contract. He asked Mr. Kornelis if he had inves- tigated Xerox reproductions. Mr. Kornelis replied no. Mayor O'Reilly directed Mr. Kornelis to check into Xerox and then proceed. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to direct Finance Director Brown to take out of contingency to Legislative, Misc. - $1500 - to pay for cost of photography. Motion passed unanimously by roll call vote. 3. Mayor O'Reilly noted -Councilwoman Glick was elected to the Municipal League Board, she is the sole representative from the Borough area. 4. Councilwoman Glick discussed the Capital im- provements and presentations to the Legislators. t There was a meeting 11-12-80 and discussed i i • . I 1 •i , KENAI CITY COUNCIL NOVEMBER 19, 1980 Page 18 ° relationship between legislators and requestors. One thing discussed was, do Capital Improvements fit in with Comprehensive Plan of communities? Most often planner have no input from the public with their presentations. If they get feelings these are not the feelings of the public, they feel they could change the proposals the planners had made. The legislators look at the Council members as a public interest group. It helped us to have administration presentations to give out. We had our act together. They will provide facilities, but not maintenance money. The harbor problem should be resolved by the City for the funds request. - -- S. Councilman Mueller said at the Municipal League meeting, it was mentioned an industrial author- ity was set up in Fairbanks. Atty. Delahay - has a copy, we should look at it. 6. Mayor O'Reilly said an ordinance for a consent agenda will be presented at the next meeting. ADJOURNMENT: Meeting adjourned at 10.15 PM. ; ;+ Respectfully Submitted, anet t4he an City Clerk ' i KENAI CITY COUNCIL DECEMBER 3, 1980 PARTIAL TRANSLATION B-1 Ordinance 612-80 - Sale of City Lands MOTION: Councilman Mueller moved, seconded by Councilwoman Glick, to adopt the ordinance. There was no public comment. MOTION, Amendments Councilman Mueller moved, seconded by Councilwoman Glick, to amend Ordinance 612-80 with amendments a,b & c from the work session, plus amendment d with changes, and add paragraph 5. Councilman Mueller said that is allowing a set-up fee to be negotiated by the City Manager. The buyer would pay the annual collection fee. It would allow most of the fees to be negotiated on appraised value. Mayor O'Reilly asked if this was reviewed with Atty. Delahay. Councilman Mueller replied, briefly. MOTION, Amendments Councilman Mueller moved, seconded by Councilwoman Glick, for the final paragraph to be amended. Councilman Mueller explained that is an authorizing paragraph for the City Manager to handle closing costs. Mayor O'Reilly said many amendments were discussed at the work session. Mayor O'Reilly asked Atty. Delahay if he had reviewed the amend- ments. Atty. Delahay replied he has seen amend- ments a, b & c and the amendments to c: He has not seen amendment d. Some are a matter of policy. He would advise not to add amendment d. He suggested the buyer pay the closing costs. He would like to see amendment d postponed till he can review and would like to see it go back to Planning & Zoning Committee before passing. Councilman Mueller said he did not include item 1 in the amendment stated with amendment 2. He agrees it should be reviewed further. MOTION: Councilman Mueller moved, seconded by Councilwoman �+ Glick, to postpone adoption of the Ordinance till the first meeting in January, 1981. f Y - - r t, • KENAI CITY COUNCIL DECEMBER 3, 1980 PARTIAL TRANSLATION I Page 2 VOTE, Amendments: Motion passed unanimously by roll call vote. VOTE, Postponement: i Motion passed unanimously by roll call vote. �f bI Mayor O'Reilly asked Atty. Delahay to put the ordinance into form for Planning & Zoning. I i { 0 1 , �4 - i- l. I' off; jI tt 0 S •` r 1 i - I i c �, r .- - r - w « - T ice+ ___ KENAI CITY COUNCIL Partial Translation Dec. 3, 1980 i MOTIONS s Councilwoman Glick moved, seconded by Councilman Malston, to acknowledge receipt of the offer by Mr. Roper in regard to purchase of leases B&C and proposed small boat harbor submitted this date. MOTION,Correcteds i Councilwoman Glick moved, seconded by Councilman _ Measles, to acknowledge the receipt of Mr. Roper's offer to sell his lease and assign the Corps, of Engineers' permits to the City of Kenai as sub- witted this date, Dec. 3, 1980. r Motion passed unanimously by roll call vote. AI Mayor O'Reilly directed the City Manager to send a letter to Mr. Roper quoting the motion, with copies to council. J' Janet Whelan -= City Clerk ,. •i q. c in 1 - J i ■ i .I AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 3, 1980 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 612-80 - Sale of City Lands 2. Ordinance 628-80 - Increasing Rev/Appns - New Capital Project Fund Entitled "Water and Sewer Section 36" - $750,000 3. Ordinance 629-80 - Increasing Rev/Appns - Additional Overtime, Police Dept. - $9,446 4. Renewal of Liquor License - The Rig S. Renewal of Liquor License - Foodtown Liquor Store C. PERSONS PRESLNT SCHEDULED TO BE HEARD D. MINUTES 1. Partial Translation - Regular Meeting - / _ Nov. 5, 1980 (J 2. Partial Translation - Regular Meeting - _- Nov. 19, 1980 E. CORRESPONDENCE F. OLD BUSINESS 1. Harbor Site Acquisition Proposal ' 2. Contract for Administrative Coordinator t (Borough/City, City/G. Davis) ... it ' G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Ordinance 630-80 - Increasing Rev/Appns - 'y General Fund Budget - Provide Monies for Site Acquisition for Small Boat Harbor - _- $25,000 3. Ordinance 631-80 - Appropriating Money for Land Management Services - $17, 500 4. Resolution 80-166 - Acceptance of Grant - t' Sewer Treatment Plant Outfall Construction - -- , $81,675 , 5. Resolution 80-167 - Authorizing Award of Bids, Two Police Cars, One Police 'Patrol Station _-- Wagon - Peninsula Ford i iJ =i / r i M - f ' I 6. CH2M Hill - Sewage Project Report #19 620,400 7. Dowling/Rice & Assoc. - Youth Center $3,193.30 S. Alaska Boiler & Heat Exchange - Lube Facility and Addition to Shop Building - Final Payment - $16,795 9. Kenai Peninsula Community Care Center Payment - $29,503 10. OMNI Worth - City Hall, Payment - $99,124.50 11. Blazy Const. - Youth Center - $57,803.13 12. Carmen Gintoli - Contract for Cultural Facility a. Contract Bill $2,000 13. Homer Electric - Underground Power Lines on Frontage Road 14. Quality Asphalt - Fidalgo SID $55,541.40 H. REPORTS 1. City Manager 2. City Attorney 3. Mayor S. Finance Director 6. Planning & Zoning 7. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD M gyp... ,.-.-..' -.�, ::. _ ,,».•_ _" yx -! - -_' _ - _;r KENAI CITY COUNCIL, MQULAR MEETING, MINUTES / DECEMBER 3, 1980 KENAI PUBLIC SAFETY BUILDING ,J MAYOR VINCENT O'REILLY PRESIDING i PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Jess Hall, Ron Malston, Ray Measles, Dick Mueller, Tom Wagoner, Vincent , L :ram •.,• O'Reilly, Betty Glick Absent: None I ' AGENDA APPROVAL Mayor O'Reilly asked that Carmen Gintoli be added as C-1, to discuss the schematics of the Cultural Center. Mayor O'Reilly asked that F-1, Harbor Site Acquisi- tion Proposal be held until Commissioner John - !, Williams can be here to speak to the Council. • Council agreed to the changes. B PUBLIC HEARINGS I B-1 Ordinance 612-80 - Sale of City Lands r, 1 MOTIONS � Councilman Mueller shoved, seconded by Councilwoman { Glick, to adopt the ordinance. There was no public comment. J' r MOTION, Amendments %( 1 Councilman Mueller shoved, seconded by Councilwoman a Glick, to amend Ordinance 612-80 with amendments a,b & c as handed out at the work session, plus amendment d as distributed with changes as suggested by Atty. Delahay. Items 2,3 & 4 and new paragraph S which would amend paragraph K. Councilman Mueller explained, this is allowing a -•`h ' set-up fee to -be negotiated by the City Manager. j -=A The buyer would pay the annual collection fee. It j would allow most of the fees to be negotiated on T appraised value. Mayor O'Reilly asked if he had - - y Y � 1 reviewed this with Atty. Delaha . Councilman Mueller replied, briefly. I I f KENAI CITY COUNCIL DECEMBER 3, 1980 Page 2 MOTION, Amendment: Councilman Mueller moved, seconded by Councilwoman Glick to amend to add a new paragraph on Amendment d. Councilman Mueller explained this is an authorizing paragraph for the City Manager to handle'closing costs. Mayor O'Reilly asked Atty. Delahay if he had reviewed all the amendments. Atty. Delahay replied he had reviewed Amendments a,b & c, but he has not seen the amendments to c or Amendment d. Some are a matter of policy. He would advise not to add Amendment d. He suggested the buyer pay closing costs. He would like to see Amend- ment d postponed till he can review, and he would like to see it -go back to Planning & Zoning before passing. Councilman Mueller said he did not include item one. Council agreed to postpone passage of the ordinance till the next meeting. VOTE, Amendments: Motion passed unanimously by roll call vote. MOTIONS Councilman Mueller moved, seconded by Councilwoman Glick, to postpone passage of Ordinance 612-80 till the lot meeting in January. Motion passed unanimously by roll call vote. Mayor O'Reilly asked Atty. Delahay to put it into a form for Planning & Zoning. B-2 Ordinance 628-80 - Increasing Rev/Appns - New Capital Project Fund Entitled "Water and Sewer Section 36" - $750,000 MOTION. - Councilwoman Glick moved, seconded by Councilman Malston, to adopt the ordinance. There was no public comment. KENAI CITY COUNCIL DECEMBER 3, 1980 Page 3 Motion passed unanimously by roll call vote. B-3 Ordinance 629-80 - Increasing Rev/Appns - Additional Overtime, Police Dept. - $9,446 MOTION: Councilman Measles moved, seconded by Councilman Mueller, to adopt the ordinance. - There was no public comment. Motion passed unanimously by roll call vote. B-4 Renewal of Liquor License - The Rig Clerk Whelan said all taxes have been paid. MOTION: Councilman Malston moved, seconded by Councilman ' Measles, to send a letter of non -objection to the Alcoholic Beverage Control Board for The Rig. Motion passed unanimously by voice vote. B-S Renewal of Liquor License - Foodtown Liquor Store Clerk Whelan said all taxes have been paid. MOTION: Councilwoman Glick moved, seconded by Councilman -_-;� Malston, to send a letter of non -objection to the Alcoholic Beverage Control Board for Foodtown Liquor Store. Motion passed unanimously by voice vote. i -` C. PERSONS PRESENT SCHEDULED TO BE HEARD =:I1 C-1 Carmen Gintoli - Schematics, Cultural Center. Mr. Gintoli passed out drawings. He explained, they have changed the concept of the plans. He introduced :i Roy Stanley, Project Architect. Mr. Gintoli said originally they had planned on movable partitions, -i but they are extremely expensive and hard to obtain parts for. They chose permanent space. They had --,-,-_-; originally 600 seats, 400 movable. Now they plan " 600 permanent, 400 balcony. It will not cost any y j 9 / - - F"IF, 1 C KENAI CITY COUNCIL DECEMBER 3, 1980 Page 9 more. They did test drillings, there is a water problem. They will put it above ground. Roy Stanley spoke. He explained this is their first pass. The gallery and museum are east of the au- ditiorim, giving some top light. The stage has a full -stage loft, and full lighting facilities. There is a coat rack and a cry room. Mayor O'Reilly asked, is there a work area for the museum and the gallery? Mr. Stanley replied yes. There are also public toilets. Councilman Malston asked if it was convention -area size, and can it be divided? Mr. Stanley replied yes, it can be divided or full use, with a 3000 sq. ft. area. Mr. Gintoli said it would provide for 400 people with partitions opened. Mayor O'Reilly asked if the lobby lends itself for banquets. Mr. Stanley replied yes, it is a glass wall, but it could be done. It would not be intimate. Mr. Gintoli said they are discussing opening the lobby to give more spaces. He noted the lobby is required by Code. He said the area in back can be opened up so cars can drive right in. Councilman Wagoner asked, what is the total size? Mr. Stanley replied 31,000 sq. ft., exclusive of the balcony. The balcony is 1000 sq. ft. It is small to allow volume for the auditorium. Mr. Gintoli said it is probably closer to 2000 sq. ft. Mr. Stanley said use of a balcony eliminates steep seats in the back. Mayor O'Reilly asked if they were working with the Committee. Mr. Gintoli replied yes. Mayor O'Reilly asked the Public Works Committee to review the changes. Roger Meeks spoke. He asked what is the square footage of the museum and gallery? Mr. Stanley replied 5000 sq. ft. Public Works Director Kornelis asked, in case of a large convention, can we open up the stage? Mr. Stanley said the theatre is an excellent place for a convention. Mr. Kornelis asked, could it be divided for convention rooms? Mr. Gintoli replied yes. Mr. Stanley said they would like input from the public. Councilman Wagoner asked, are the gallery and museum fixed wall? Mr. Gintoli replied yes. Councilman Wagoner said the square footage of the museum now is 800 sq. ft: Mr. Gintoli said there could lie an art show in the gallery or the - o—...-a s-....-. ta�s� .�, c. .— . �C-': vT.>_,..v.. � s.- .-,... ... J •,. , r+ KENAI CITY COUNCIL / DECEMBER 3, 1980 Page 5 lobby. Councilman Mueller asked, do we have an estimate on maintenance costs? Mr. Gintoli said using the figures of one year ago, $200 sq. ft. to build. Cathy Settle replied, maintenance costs 'r would be under $150,000 per year. Mr. Gintoli said closer to $117,000 per year. D. MINUTES ,I D-1 Partial Translation - Regular Meeting - Nov. 5, 1980 D-2 Partial Translation - Regular Meeting - Nov. 19, 1980 Council had no objections to the minutes as submitted. E. CORRESPONDENCE None F. OLD BUSINESS F-1 Harbor Site Acquisition Proposal Mayor O'Reilly asked if the Council could wait till Commissioner Williams was here. Council agreed. G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to aprove the bills as submitted. Motion passed unanimously by roll call vote. G-2 Ordinance 630-80 - Increasing Rev/Appns - General Fund Budget - Provide Monies for Site Acquisition for Small Boat Harbor - $25,000 Mayor O'Reilly asked if the Council could wait on this item till Commissioner Williams was here. Council agreed. {{ i J �s - -------------------- - 0 r l KENAI CITY COUNCIL DECEMBER 3, 1980 Page 6 G-3 Ordinance 631-80 -Appropriating Money for Land 41 Management Services - $17,500 i MOTION. Councilman Measles moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed unanimously by roll call vote. Councilman Measles asked if the second reading was scheduled for tonight. Finance Director Brown ex- plained he had asked for the second reading tonight =- because he thought the contract would be ready. It is not. Atty. Delahay asked if the second read- ing could be postponed till Dec. 17, 1980. �I Council agreed. i G-4 Resolution 80-166 - Acceptance of Grant - Sewer Treatment Plant Outfall Construction - $81,675 MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. ' G-5 Resolution 80-167 - Authorizing Award of Bids, °. Two Police Cars, One Police Patrol Station Wagon - Peninsula Ford i MOTION: t Councilwoman Glick moved, seconded by Councilman Malston, to approve the resolution. There was no public comment. s` Motion passed unanimously by roll call vote. G-6 CH2M Sill - SLwage Project Report #19 - $20, 400 MOTION Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. _i WE e �::.]_'--_-c-�.-.iw F�..«..xca -r+�.M ,t, •..r..� e.. r•.ihs' n a.v�iL- _�� -..- �'w��rr.i+a+::T��w'r-. _. _. ct«14� KENAI CITY COUNCIL DECEMBER 3, 1980 r Page 7 Motion passed unanimously by roll call vote. G-7 Dowling/Rice & Assoc. - Youth Center - $3,193.30 MOTIONS Councilman Measles moved, seconded by Councilwoman Glick, to approve the billing, changing the amount to $3,193.40. Motion passed unanimously by roll call vote. G-8 Alaska Boiler & Heat Exchange - Lube Facility and Addition to Shop Building - Final Payment - $16,795 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Motion passed unanimously by roll call vote. G-9 Kenai Peninsula Community Care Center Payment - 629,503 MOTION: Councilman Mueller moved, seconded by Councilman Measles, to approve the billing. Motion passed unanimously by roll call vote. G-10 OMNI North - City Hall, Payment - $99,124.50 Mayor O'Reilly asked about the note from Carmen Gintoli. Public Works Director Kornelis replied the $3000 has been taken out, all the figures were changed to $99,000. MOTION. - Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Councilwoman Glick asked Mr. Gintoli to explain the reason for the deletion. Mr. Gintoli said the earth work scheduled to be done before freeze- up was not done. Motion passed unanimously by roll call vote. t i • Il Sl. 1 KENAI CITY COUNCIL DECEMBER 3, 1980 Page 8 G-11 Blazy Const. - Youth Center - $57,803.13 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the billing. Motion passed unanimously by roll call vote. G-12 Carmen Gintoli - Contract for Cultural Facility a. Contract Bill - $2,000 Atty. Delahay explained the contract was done as proposed by Council at a previous meeting. The payments have been approved. Finance Director Brown said the bill was not included in the packet. Councilman Wagoner said that is another example of a contract presented after the work is started. The City should be explicit - no work should be done without the contract being signed. Atty. Delahay said Mr. Gintoli is not asking for payment, he is asking for a retainer in advance. Councilman Wagoner said if the Council did not approve the contract, it would be bad to have some work done already. Mr. Gintoli said he went ahead based on the fact the Council approved the porposal. Councilwoman Glick said during the discussion it was agreed that Mr. Gintoli would start because of winter. MOTION: Councilman Mueller moved, seconded by Councilwoman Glick, to approve the contract. Motion passed unanimously by roll call vote. Atty. Delahay asked Finance Director Brown, there is a $2,000 retainer, is he entitled to payment? Mr. Brown replied yes. G-13 Homer Electric - Underground Power Lines on Frontage Road Mayor O'Reilly suggested this be referred to the Public Works Committee. . f Council agreed. G-14 Quality Asphalt - Fidalgo SID - $55,541.40 -. -. Lam. � f _. �.1 ._ ._.t. _....__.�..r— -r —. �.."�:: _�,.�.—.a--.-_,.-.- .-.-..ra-. .—�.�.. �:.—, �... - - - .. .: _ ,... .�aa - .. .:..v• .. .ate-dr.�.wi�s- _ _ _ / �..3..,---�. ♦ -k-7- .�.�;: KENAI CITY COUNCIL DECEMBER 3, 1980 Page 9 MOTIONS Councilman Malston moved, seconded by Councilman Measles, to approve the billing. Public Works Director Kornelis said he wanted to add the statement, "This does not include liq- uidated damages." Councilman Mueller asked, are the water lines to the City Hall and the Youth Center done? Mr. Kornelis replied yes. Council- man Hall asked, who put them in, the City or the contractor? Mr. Kornelis replied, a combination of both. The City Hall was done by the City. Councilman Hall asked, is it the proper size? Mr. Kornelis replied yes. G-7 Dowling/Rice & Assoc. - Youth Center - $3,193.40 Finance Director Brown told the Council that the amount should be $2,874.06. MOTIONs Councilwoman Glick moved, seconded by Councilman Hall, to reconsider the motion. Motion passed unanimously by roll call vote. MOTION, Amendment: Councilwoman Glick moved, seconded by Councilman Measles, to amend the motion to list the amount of 02,874.06. VOTE, Amendment: Motion passed unanimously by roll call vote. VOTE, Main Motion; Notion passed unanimously by roll call vote. F-1 Harbor Site Acquisition Proposal F-2 Contract for %dministrative Coordinator (Borough/City, City/G. Davis) G-2 Ordinance 630-80 - Increasing Rev/Appns - General Fund Budget - Provide Monies for Site Acquisition for Small Boat Harbor - $25,000 l' C KENAI CITY COUNCIL DECEMBER 3, 1980 Page 10 Harbor Commission Chairman Peterkin spoke. He said the Harbor Commission would like to present a contract with Bob Roper and would recommend acceptance by the Council. He referred to Atty. Delahay. Atty. Delahay explained, Mr. Roper is making an offer to the City for $250,000 for his contract. He gave the City time to accept the contract, the purpose of the delay is so the City can obtain funding from DOT. The reason Mr. Roper withdrew his former offer was because he had to delay till June or July. Mr. Roper also has two years to complete construction, it must be done in winter. He does not mind a delay for the City to get funds, but it must be by the end of the fiscal year (Feb. 28,1981 to accept, must be paid by March 5, 1980) and the balance before June 30, 1981. At the present time the land is frozen, he could begin. But if high tides change the situation, he reserves the right to go in early. Atty. Delahay further reviewed the contract as it was written. Mayor O'Reilly referred to the 3rd "Whereas" stating, "if the City can procure funds." Also Item 3, TI-T—herefore" stating the City agrees to pay. Is this contin- gent on getting State funding? Atty. Delahay replied no. He further stated Mr. Davis had said he could prepare feasibility study in thirty days. The DOT representative said once the feasibility study is presented, it could be acted on in one week. The Council would then have to enter into a contract, then two or three weeks is the final determination from the State. The total should be about two months. The City should know by then if they have State funds. Mayor O'Reilly asked, if State funding was available and we decide not to proceed, we are under no obligation to pay Mr. Roper? Councilwoman Glick replied, right. In the packet was the option to be paid immediately. You don't have to accept the contract. Mr. Roper should be advised if you do not accept the con- tract. Mayor O'Reilly asked, we will be able to do core testing? Atty. Delahay replied yes. Mayor O'Reilly asked, we are not opening ourselves to liability if Mr. Roper starts work? Atty. Delahay replied yes. Councilman Wagoner asked, this is in the contract? Atty. Delahay replied, it is if we sign it. Councilwoman Glick asked, there is no action required? Atty. Delahay said, just direction to Mr. Davis to get busy with the study. Councilman Mueller asked, if we approve the agree- ment, it is then a contract, and at the end of February, Mr. Roper would be entitled to $200,000 1 �' :7 T1% -- KENAI CITY COUNCIL DECEMBER 3, 1980 Page 11 whether we get State funds or not? Atty. Delahay replied yes, we should note the Corps of Engineers indicated no other permit would be issued as long as Mr. Roper had one. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to acknowledge receipt of the offer by Mr. Roper in regards to purchase of leases B&C and proposed small boat harbor submitted this date. After a short recess, the motion was changed. MOTION, Changed: Councilwoman Glick moved, seconded by Councilman Measles, to acknowledge the receipt of Mr. Roper's offer to sell his lease and assign the Corps. of Engineers' permits to the City of Kenai as sub- mitted this date, December 3, 1980. Councilman Sall asked, after Feb. 28, 1981, or after the feasibility study comes in okay, and we don't get the money from the Legislature, what happens? Atty. Delahay replied, we just pay just the $25,000. The former contract was contingent on money to build the small boat harbor. This is just contingent on moneys from the State for study. If we do not get the money, the Council can decide whether to go ahead or not. Councilman Hall asked, as of Feb. 28, 1980 we have to come up with $25,000, how long before we have to come up with the balance? Councilman Wagoner said that is in the contract. Harbor Commissioner Williams said if, for some reason we cannot get the funds, the Harbor Commission has been in contact with the State Harbor Division. The Harbor Commission has said they would rather have a harbor the City would own. If we go through the State, they would own the harbor. Commissioner Williams further stated Mr. Tolly asked if they would like to be on FY 82-83 budget. The Harbor Commission would like to continue pursuing for FY 81-82 funds. It is impossible to finance through bond moneys. But the harbor can be a money maker with State funds. Councilwoman Glick asked Commissioner Williams if the Harbor Commission i ` y J r .. ........ . . KENAI CITY COUNCIL DECEMBER 3, 1980 Page 12 el� wished to direct the Administration to put us on the FY 82-83 budget? Commissioner Williams replied yes. VOTE: Motion passed unanimously by roll call vote. Mayor O'Reilly directed the City Manager to send a letter to Mr. Roper quoting the motion, with copies to Council. Harbor Commission Chairman Peterkin said the Harbor Commission would like to get direction from Council for contacting CH2M Hill to enter into negotiations for site selection and harbor, to bring back to Council before March 1981. MOTION: Councilman Wagoner moved, seconded by Councilman Hall, that the Council direct the City Manager to proceed to obtain release of bond money from the 1974 bonds, presently held by DOT in Juneau for the purpose of land acquisition. Councilman Hall asked Chairman Peterkin if he had the figures from CH2M Hill. Chairman Peterkin re- plied approximately $490,000, they had a 19% over- run, the figure is between $410,000 and $500,000. Councilman Hall asked, $400,000 will not do the engineering and feasibility study, will it? Chairman Peterkin answered yes, and the study of maintenance costs and to build a model of the $50,000 test tank into the harbor to try out different entrances. He explained Mr. Roper's contract gives us an opportunity to go ahead with CH2M, Hill. Councilwoman Glick noted on the motion the City Manager will have to direct Mr. Davis to develop a contract. Councilman Wagoner said the Governor can legally transfer funds, we should move to get them as soon as possible. Vice -Mayor Glick took the chair. MOTION, Amendment: Mayor O'Reilly moved, seconded by Councilman Measles, for administration to proceed in taking whatever steps necessary to obtain release to the City bond funds presently held by the State. KENAI CITY COUNCIL DECEMBER 3, 1980 Page 12 el� wished to direct the Administration to put us on the FY 82-83 budget? Commissioner Williams replied yes. VOTE: Motion passed unanimously by roll call vote. Mayor O'Reilly directed the City Manager to send a letter to Mr. Roper quoting the motion, with copies to Council. Harbor Commission Chairman Peterkin said the Harbor Commission would like to get direction from Council for contacting CH2M Hill to enter into negotiations for site selection and harbor, to bring back to Council before March 1981. MOTION: Councilman Wagoner moved, seconded by Councilman Hall, that the Council direct the City Manager to proceed to obtain release of bond money from the 1974 bonds, presently held by DOT in Juneau for the purpose of land acquisition. Councilman Hall asked Chairman Peterkin if he had the figures from CH2M Hill. Chairman Peterkin re- plied approximately $490,000, they had a 19% over- run, the figure is between $410,000 and $500,000. Councilman Hall asked, $400,000 will not do the engineering and feasibility study, will it? Chairman Peterkin answered yes, and the study of maintenance costs and to build a model of the $50,000 test tank into the harbor to try out different entrances. He explained Mr. Roper's contract gives us an opportunity to go ahead with CH2M, Hill. Councilwoman Glick noted on the motion the City Manager will have to direct Mr. Davis to develop a contract. Councilman Wagoner said the Governor can legally transfer funds, we should move to get them as soon as possible. Vice -Mayor Glick took the chair. MOTION, Amendment: Mayor O'Reilly moved, seconded by Councilman Measles, for administration to proceed in taking whatever steps necessary to obtain release to the City bond funds presently held by the State. V1 KENAI CITY COUNCIL DECEMBER 3, 1980 l� Page 13 Mayor O'Reilly explained this way we are directing Administration to take the steps necessary. We are not committing to finalize the agreement. Atty. Delahay asked would the funds be released without a feasibility study to show what funds will be used for? We could put in a feasibility study acqui- sition and design contract. If we could use that instead of the $500,000 grant, we could have more maneuverability with the CH2M Hill bill. He felt the feasibility study must be specific in order to be approved. Mayor O'Reilly asked Atty. Delahay, any move we address towards obtaining bond moneys, we should be specific? Atty. Delahay replied yes. He also felt our first priority is acquisition of land, but we should add engineering services. Mayor O'Reilly said he envisioned obtaining sufficient moneys from the bond proceeds to do the engineering. From that the engineers will decide if that is a suitable site. If Council and the Harbor Commission approve, we will attempt to get more bond moneys. If it is not a suitable site, then we don't take down bond moneys and end up with a motion to pay Mr. Roper. Mayor O'Reilly said the words, "to finalize" disturb him. Chairman Peterkin said the Harbor Commission has the rest of the $643,000 spent. They will be back to the Council. The bond moneys have restrictions. The Harbor Commission would do the engineering. The have engineering for water, sewer, electricity, roads in the basin. Mayor O'Reilly said the motion would direct Administration to take down that segment of the proceeds for core sampling and engineering, if that was the proper site. Councilman Wagoner explained, the intent of his motion was to obtain the whole $250,000. We have to have specific use of the funds or they won't release them. Atty. Delahay said in talking to Mr. Tolly, he made clear the bond funds could not be paid for reimbursement to the City. We must let him know in advance what the funds will be used for. We could put land acquisition and the study in the funds. 30% is paid immediately, that would not be enough for land acquisition. Atty. Delahay noted they are manueverable. They must be matched by 10% matching funds. The $500,000 grant funds could be used. Admin. Coord. Davis spoke. On the $643,000 in 1974 bond money, there are-3 retluirements: F3 XUNAl CITY C:UUNC:IL DECEMBER 3, 1980 Page 14 1. A feasibility study 2. Identification of the project 3. Cost Admin. Coord. Davis continued, we need a resolution from the Council. It will come back to Council for approval. The motion will clear the way to develop the study. Councilman Malston asked, will the feasibility study be done in-house? Admin. Coord. Davis replied, hopefully. Commissioner Williams noted we have one thing in our favor, one proposal by a local firm can be used for the feasibility study. VOTE, Amendment: Motion passed unanimously by roll call vote. VOTE, Main Motion: Motion passed unanimously by roll call vote. Chairman Peterkin asked, could the Harbor Commission take that vote for a contract with CH2M Hill? Mayor O'Reilly replied no. MOTION: Councilwoman Glick moved, seconded by Councilman Wagoner, to direct the City Manager to contact CH2M Hill and proceed with the contract delineat- ing what they will do with "X" number of dollars, all items pertinent to development of the harbor. Motion passed unanimously by roll call vote. Gary Davis Contract: Atty. Delahay said he had reviewed the contract. All is in order, his contract expired one week ago, this one can be retroactive. MOTION: Councilman Mejasles moved, seconded by Councilwoman Glick, to approve the contract retroactive point where the extended contract expired, November 24, 1980. Councilman Mueller noted the schedule for the City contract pay schedule is not attached. Atty. Delahay said it would be a part of the contract. Councit- B KENAI CITY COUNCIL DECEMBER 3, 1980 Page 15 woman Glick asked Councilman Mueller if his questions as noted in the partial translation of the minutes relating to the small boat harbor have been settled. Councilman Mueller replied, not entirely. Atty. Delahay suggested it might be better to amend the paragraph to refer to the Borough in the City contract. Admin. Coord. Davis agreed. VOTE, Motions Motion passed unanimously by roll call vote. Chairman Peterkin noted there will be a Wetlands Working Group meeting Dec. 17, 1980 at 6:00, before the regular Council meeting. Mayor O'Reilly ex- plained we will set the meeting at 6:00 PM so we can take official action. G-2 Ordinance 630-80. Mayor O'Reilly said this ordinance is moot at this point. Council agreed. Mayor O'Reilly said he would like to compliment the Harbor Commission and Atty. Delahay for the work done on the harbor work. H. REPORTS H-1 City Manager Mayor O'Reilly noted City manger Brighton was in a meeting of the National League of Cities. 1. Questionnaire relating to City functions. Mayor O'Reilly noted this would be beneficial to have at the next legislative session. There was some discussion on the questions listed, and Council agreed to bring it to the Dec. 17, 1980 meeting. H-2 City Attorney Atty. Delahay spoke. 1. The Clarion and City suit has been argued in Supreme Court, there is no decision yet. 6 i 14ZNAl k;ITz t,UUW"U DECEMBER 3, 1980 Page 16 2. In Public Works Director Kornelis' report, a conference will be held with Doyle on under - run on Frontage Rd. They have had the meeting. Doyle's claim $41,000, contingent on the bid price of the under -run. Atty. Delahay said he and Mr. Kornelis agree that is too high. Doyle's argument has some merit, but not for the whole amount. There should be some ad- justment. Doyle will come back with the facts to show the loss, Council will have to review. H-3 Mayor Mayor O'Rielly spoke. 1. Dave Harbour, Commonsense -Alaska - called him regarding the Dec. 13, 1980 meeting in Anchorage. The Council will bill the City. A poll was taken, 2 Councilmembers and the Mayor will go. 2. The meeting with the Borough Mayors and Mana- gers. Councilwoman Glick said she felt there should be no concessions with Planning & Zoning �. till the Borough is willing to give powers to the City. We should remind the Borough that the Cities are part of the Borough. We pay taxes, we should receive a return on our taxes paid. Only in recent years has technical assistance been given to Cities. Council agreed. 3. Mayor O'Reilly read the proposed letter to Lt. Gov. Miller regarding Kay Poland. Council agreed to send it. 4. Mayor O'Reilly noted the VORCO contract as distributed to the Council. He noted it will be released Jan. 1, 1981. Council agreed to the Mayor proposal and any possible conflict of interest. 5. Mayor O,Reilly was asked to testify at the Royalty Board hearings. He said he will not be available, and has asked Councilwoman Glick to speak for him. Councilwoman Glick said she did not know if she could go, but Monday would be more acceptable if she did go. She would be brief. We are opposed to the sale I f L� KENAI CITY COUNCIL DECEMBER 3, 1980 Page 17 as proposed, it is in violation of the intent of the legislation. Also, in -State refineries should have first priority. Council agreed to the position. ` 7. The Council will present the Capital Improve- ment Proposal to the Chamber, public, and Ligislators on Dec. 22, 1980. There will be a no -host luncheon, but the City will pay for the Legislators. Council agreed to the luncheon. 8. Meeting with the Anchorage Legislators. Mayor O'Reilly noted last year's meeting had a good effect. Council agreed to Dec. 29, 1980 in Anchorage. The City will pay for the luncheon. Public Works Director Kornelis spoke regarding the Capital Improvement booklets. The pictures will not be available for sometime yet, did the Council want the booklets ready by Dec. 22, 1980 luncheon? That was not much time. Mayor O'Reilly said they must be ready before the Legislators got to Juneau. Councilman Wagoner noted we do not need all of them right away. 9. The Christmas party. Mayor O'Reilly suggested an informal no -host party at Fort Kenay. It will be discussed further at Dec. 17 meeting. I 4 City Clerk None S-5 Finance Director Finance Director Brown spoke. Coopers & Lybrand are in their third year as auditors, They will send a proposal for the next three-year period. They may have to raise their price quite a bit. it"e- es a Pes�ls'-ns-'- *ter Councilwoman Glick asked, could we request proposals now and review them? Mr. Brown replied yes. We do not normally advertise. Councilman Malston asked, are there any local firms? Mr. Brown replied yes, but he didn't know `t �� P�� J•h.L �'...^^^`^^^-cam /.•//\� ,� JYy �z i 0 ' � I �i-W��.__:. terVAT rrTV rATIMrTT. DECEMBFR 3, 1980 Page 18 if they would do this. He said he would select firms, if the Council had any ideas, please call him. H-6 Planning & Zoning None H-7 Harbor Commission Admin. Coord. Davis spoke. 1. Kenai Wetlands Working Group is getting with Murray Walsh Dec. 17, 1980, as mentioned earlier. 2. The third draft of the MOA will be reviewed in Anchorage tomorrow (12-4-80). All involved agencies in the study are invited. Mayor O'Reilly asked if Mr. Davis will attend, Mr. Davis replied yes. Kenai Peninsula Borough: Councilwoman Glick spoke. 1. The Borough now has a toll -free number, ZEnith 4441 2. Borough Ord. 80-62, Exemption of Sales Tax. This was referred to Finance Committee by Assemblyperson McGahan, to review the total ordinance. We are opposed to the reduction but suggest reduction of 1% sales tax on the Borough. Mrs. McGahan would like a repre- sentative from the City at the Finance Committee meeting Dec. 15, 1980. 3. A resolution by Assemblyperson Dimmick urging legislation to provide 75% real property exemption was proposed and failed. 4. Borough Res. 80-145, for the State to fund 100% of the school projects failed. Councilman Wagoner said he didn't think the Council had taken a stand on reduction of sales taxes. He thinks we should look at it. Councilwoman Glick said her comments were expressed at the last Council meeting. She thought she had concurrence of the Council. Mayor O'Reilly said he thought no official i ~Y' KENAI CITY COUNCIL DECEMBER 3, 1980 t Page 19 action had been taken. Councilman Hall said it is premature before the legislative session. If i we lose $300,000, we are losing more than we gained 1 from property tax last year. Mayor O'Reilly said it will be reviewed at the 'work session. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD _ - 1. Public Works Director Kornelis spoke regarding the engineering proposals. He has received comments from engineers, they were concerned i - with the time necessary. He will review with - - - the Public Works Committee. 2. Councilwoman Glick noted there will be a Land Committee meeting Friday (Dec. 5, 1980) at City Hall at 7:00 PM. ' ! 1 � ADJOURNMENT - Meeting adjourned at 10:20 PM. C -.. ' .J Respectfully Submitted, Janet Whelan City Clerk I = � t ' 1 1 Y ` f r! 1 QUESTIONNAIRE ,}„ - Row well do you think the City performs the following functions. Please check the appropriate blank in each category. Very Good Good Average Poor Very Poor (a) Providing Water Services (b) Providing Sewer Services (c) Police Protection & Traffic Control (d) Adequacy of Municipal Airport Facilities (e) Library Services (f) Fire Protection Animal Control (h) Parks & Recreation (i) Street Maintenance (j) Emergency Medical Services (k) Senior Citizen Services Yes No 2. Have you ever called City Hall with a citizen's complaint? (a) If the answer to Question No. 2 is yes, were you Yes No satisfied with the results of the call? (b) If the answer to Question 2 (a) is no, please explain why. .J 3. List by priority which of the following five categories are the most important to make improvements in. Place a No. 1 in the most important, a No. 2 in the second most important and so on until you have identified five areas that need improvement. (a) Senior Citizen Services (b) Emergency Medical Services (c) Street Paving (d) Street Upgrading (e) Additional Parks (f) Improvements in existing Parks (g) Animal Control (dogs, cats) (h) Fire Protection (1) Library Services (J) Airport Facilities W Extend Water Services (1) Police Protection (m) Extend Sewer Services 4. If it were possible to cut local taxes, list your preference by placing a No. 1 In first choice, a No. 2 in second choice, and a No. 3 in third choice. Personal Property Tax Sales Tax Real Property Tax 0 Ir 1 i m I f — I �_.L���+!y" f/_-- .�>r+ST�- � � .. - ... _ � s� .7 c.. � ._- ���-.s.�_.v.- . _- . .. � � .-• __ • - -T�� I..Ji�-.raw..r. y 4 • a Questionnaire Page 2 5. If it became necessary to raise local taxes, list your preference by placing No. 1 in first choice, a No. 2 in second choice, and a No. 3 in third choice. ' Beal Property Tax Personal Property Tax Sales Tax 6. On a comparison with other states, do you feel your Lower Higher About the same taxes are higher, lower, or about the same as other states. (Check appropriate blank.) 7. Do you consider industrial development for your Yes No community a legitimate Municipal endeavor? _ 8. Would you like to see more industrial development Yes No for Kenai or the surrounding area? _ 9. Do you think Planning and Zoning is an asset to the Yes No City of Kenai? In your opinion should Planning and Zoning be continued Yes No in Kenai? 10. If the City of Kenai were to receive $4 Nil -lion from the State of Alaska for capital improvements and you had to make the decision on where the money was spent, how would you prioritize the spending based on the following categories? (Place a No. 1 in your first priority, a No. 2 in your second priority, etc.) I (a) Library services and facilities (b) Park and Recreation services and facilities (c) Small Boat Harbor (d) Extend Sewer and Water Services (e) Upgrade roads (f) Police Protection (g) Fire Services (h) Cultural Center U) Other (Explanation: ) 11. In your opinion is there a need for a small boat harbor in Kenai? Yes No Don't Know I 'I i 1 i r J f� 1 h ` Questionnaire _ . .. Page 3 12. For many years there have been discussions about the possibility of a —= small boat harbor in Kenai. Wou1 you support the construction of a small boat harbor in Kenai if.90 or more of the costs were provided by the State of Alaska? 109 Yes No Don't Know ., 13. What is the condition of the street in front of your residence? 1. Very Good 4. Poor 2. Good 5. Very Poor 3. Fair 6. Don't Know F �t 14. What improvement do you believe your street need s'�'� (Pick only one of the following.) 1. Street Lights 4 . Sidewalks 2. Improved gravel surface 5. Paving .., 3. Widening 6 . Improved Roadside Drainage 15. Would you like to see more jobs available in the Kenai area? !'r Yes No Don't Know i_- 16. Is unemployment in Kenai area a serious concern to you? Yes No Don't Know We want to thank you for taking time out of your busy schedule to fill out this Questionnaire. With your help it is our hope to be able to better ! serve you. / %9r ii7 � • o ' r I1 ' �T ' i y i l� I r I . �i mom®r Electric A,�aosaisstion, Ina. / P.O. [38X 429 r HOMER, AI AWA 99643 ■ (907) 230-8581 November 10, 1980 Mr, William J. Brighton, City Manager RECEIVED City of Kenai lftu P. 0, Box 580 Kenai, Alaska 99611 er ccyaK�i110N ItIi Dear Bill: In accordance with your request of October 9, and the request of four residents of Kenai dated October 1 we have reviewed the possibility of placing the power lines along Frontage Road in Kenai underground, First of all, we fully concur with you that it would be best l for the beauty of the City of Kenai to bury the power line on Frontage Road, Unfortunately, it is expensive to convert an overhead line to an underground line. Furthermore, other utilities have found that if they place an existing, useful, overhead line underground that they are then required to do this on a systemwide basis, Homer Electric would not mind placing overhead facilities underground if it were not for the high cost of doing so, Obviously, it is the consumers who would have to pay this cost, It would be an increased cost with no increased service, We have completed an engineering review of the job, and find that the cost of upgrade would be $60,200, This is using today's labor and material costs. The existing overhead line is still in good condition and acceptable from an•operational point for several years to come, We have completed a Long Range Plan, and this Plan shows that in the future we may be increasing the voltage of that line to 25,000 volts, This will basically require a change in insulators and transformers. The change itself, is not a major one, Essentially, all existing structures would remain as they Presently are. With the foregoing in mind, the Board of Directors for Homer Electric has asked that I contact you and request an indleation from the City of Kenai as to how much the City is willing to contribute towards the undergrounding of that line. As soon as -' we hear from you, the Board will then reconsider the matter to see if there is something that we can do in the near future. f I look forward to hearing from you. Thank you, Sincerely yours, 0 1 HOMER PLF, RIC SSOCIATION, INC. i { B, n Wi - ; C e eager BKW:em � r , 1' 0 t•t' — �"� - -...ram...-,-,. _.-,- • k _, � rr...�...-..,r�r...,-.�.*-W..-�---••�-=---•� _e.-.+i.�..�--' r� [l 1 ^ October 23, 1980 �J City of Kenai Box 580 Kenai, Alaska Mr. Bill Brighton, City Manager After having reviewed the Kenai Comprehensive Plan and the Land Disposal Plan, Section 36 by R.W. Thorpe and Associates andater uRsTon o t efi City's land disposition problems with the Sec- tion 36 committee, Members of the Planning and Zoning Advisory Commission and the City Administration it has become obvious that these problems are very complex and result in a great expense to the city in terms of consumption of employee resources, lost cap- ital revenue, lost tax revenue and inordinately high cost of City services. Professional management of City lands could result in alleviation of these conditions and might provide the city with the means to lower taxes without a reduction in services. We have enclosed a rough draft of a preliminary proposal to per- form this function for the City of Kenai. Although the princi- pals of the new consulting firm are liscensed to act as a broker- age that may receive real estate commissions, no such relation- ship is proposed. The firm would act objectively to the City's benefit as its consultant/agent. Mr. Framstead and I will be available to attend the Council work session scheduled for October 29 should you wish to discuss this proposal or any aspect of Lands Management. Sincerely,, Jerry Andrews Enclosure JA/cr ti r r Preliminary lands tdanaaenent Proposal for The City of Kenai professional oversight of the sale, lease, exchange and acquisition of City lands would acoomtiplish expeditiously and inexpensively a number of goals identified by the residents, Administration, Council, CcRmittees and C=nissions: 1. ntprove the effectiveness of City lands management. 2. Remove the burden of managing lands from current City enployees. 3. Increase the amount and predictability of portfolio income to the City. 4. Encourage development of City awned lands to increase the tax base. S. Encourage infilling to decrease the costs of services per capita. soope of the work pro q!2 . NOW: Although the consultant has the experience,feductional ba� ound and resources to perform all activities suggestedCity Manager as identified in the Kenai Comprehensive Plan, only a number of results and activities are discussed in this preliminary proposal; there should be no inference drawn that the activity need be limited to only those item discussed in this proposal. Ste preliminary proposal defines areas in which results could be achieved and approximately at what costs. Real Estate Leases: Insure that all lease applications are completed in a proper manner. Accept lease applications and prepare reports/reamu*Mations for Ccmissions and Council, where appropriate. Review and/or execute lease docents. Establish an effective means for identifying, in a timely manner, those leases utdch are to be redetermined/ranagotiatod; to order appraisals to determine value and intploment rodeterm nation/renegotiation. Real Estate Di. -,position. - conduct a :rar',cet anal, sis to project &aorbtion, annually. L I Develope an annual marketing plan and capital impmvements and land use planning recommendations k.'here appropriate. Solicit proposals to implement marketing plan from Real Estate offices and submit to Council. order and review appraisals to affect new leases or disposition. Review "Offers to Purchase" and make recammulations prior to City acceptance. Perform a quarterly evaluation of the effectiveness of the marketing plan and disposition policy. Make additional reacmnendations and Implement changes. Make a limited number of presentations to the Council, Comtissions and the public. The cost of performing the services as delineated herein would not exceed $30,000 annually. All services would be performed in a timely manner. Staff Credentials: Mr. Scott Framstgad Educational Achievements: Business Courses Accounting I b II Economics I b II Business Law I b II Marketing Statistics Personal Management Management Principles and Practices Real Estate Courses Real Estate Principles Real Estate Law Real Estate Appraising Real Estate Financing GRADUATE SWW: Real. Estate Taxes band Economics Oamprehensive Planning and Applied Sciences Management Science S=inar in :-;arketing Cities in history ?:mow Tc.&ns Source of Program Funding and Preparation of Grant Proposals Introduction to Business Financial Management Administrative Policy Social Issues in Business • Organizational Theory Income Tax Quantitative Methods in Management Real Estate Investment Analysis Property Mlanagcnent Advanced Real Estate Appraising Urban Sociology Land Laws Advanced Real Estate Investmient Analysis Social Impact of Land Development Organizational Theory and Behavior Applied Statistics I-Wern Investment Practices housing -analysis of Needs, Avail- ability, Design and Financing • r Mr. Framstead expects to lete all r '' c�ctg: equirements for the Master of Science Degree in Real Esuate by Decanber, 1980. Mr. Jerry Andrews s Professional Achievements: Prior employment as a Planning Technician. EV10yed in the Real Estate Brokerage business for the last 10 years. Has taught a variety of Real Estate workshops and seminars. ; Educational Achievements: j Same undergraduate study involving: Econcmics, Accounting, Real Estate Iaw, Business Law and Geology. i Professional Education: Mbrkshop in Real Estate Syndication - Course I Advanced Topics in Real Estate syndication Structuring an Apartment Syndication Drafting Private Placement mmrandum Documentation Land Syndication . Fundamentals of Real Estate Srnestment and Taxation . The Art of Real Estate counseling Instructor Development Workshop Closing the Sale " Personal Estate Planning A variety of seminars and workshops dealing with selected Real Estate topics. . J - COY OF XJUAI WA, 4". i 2" MP LANDS MANAGEMENT AGREEMENT THIS AGREEMENT by and between the CITY OF RERAI, a Municipal Corporation of the State of Alaska, P. 0. Box 480, Kenai, Alaska 99611, hereinafter called "City," and JERRY ANDREWS and SC04T PRARSTAD, P. O. Box 10291, Renal, Alaska 99611, hereinafter called •Consultants," WITHESSETHs WHEREAS, it appears desirable for the City to secure personal consultation and management of its land program, including both the sale and the leasing of City lands, and WHEREAS, City hau a large amount of land over and above the land which has been set aside for public use, some of which is restricted from any sale or lease by the instrument by which the City received the land from the Federal Government, some of which has been released for lease only, some of which is subject to long-term leases which require over -site and management with respect to rate redetermination, rental collection, assurance that required liability insurance is maintained, and that other covenants within the leasing agreements are carried out, and WHEREAS, consultants have submitted a proposal to City that they manage said City lands by making a market analysis to project absortion, develop an annual marketing plan with necessary capital improvements and make land use planning recommendations where appropriate, and have indicated therein that they had the necessary education, training, and other expertise to carry out these functions, and wHEREAB, the City has in the past attempted to operate a land disposal program without professorial assistance, and WHEREAS, the City is now in the process of consideration of an ordinance amending its land disposal laws in order to enhance Its land disposal program and believes that the expertise offered by consultants in professional management of these lands would have great effect in furthering this program, WW, TBEREPORE, the parties do hereby agree as foilowas 1. City agrees to furnish a status inventory of lands owned by the City that are available for use, lease, or sale, including City lands which are now subject to leases. 2. City agrees that consultants, their agents, and employees, shall have access to the City land files and use of City equipment for copying such documents as are felt necessary by consultants for furthering this Agreement. 3. Consultants agree to make an analysis of market demand to project an annual rate of absortion of real properties for the City of Karim. 4. Consultants agree to develop an annual marketing plan with the necessary capital improvements and land use planning recommendations required to facilitate disposition of the land. This marketing plan would include recommendations for performance', standards by whoever is implementing the plan. 1 •_ ti r 0 s ., urr OF rriw1 7-7 M2 S. Consultants agree to solicit proposals from real estate firms to implement the marketing plan in accordance with recommended performance standards and submit the same to Council. 6. Consultants agree to check all lease applications for City lands for adequacy and if found inadequate to return them to applicant for completion before scheduling such applications for hearing before the Kenai Advisory Planning i Zoning Commission. 7. Consultants agree to review all offers to purchase and make recommendations to the City Manager prior to City acceptance thereof. S. Consultants agree to order and review appraisals to affect new leases or disposition or to affect the re -determination of rental rates to ascertain if current marketing conditions might indicate that a modification of the appraisal might be desirable and to work with the appraiser with regard thereto so that appraisals which are normally based on comparable sales in the past, migh more accurately reflect present valuations. 9. Consultants agree to perform a quarterly evaluation of the effectiveness of the marketing plan and disposition policy at the end of each calendar quarter and to make any desirable additional recommendations and implement any changes which may be directed by the proper City authority. This quarterly evaluation shall be in writing and filed with the City Manager within 30 days after the end of the quarter except that an evaluation for the quarter ending June 30th shall be filed on or before the last working day in June. 30. In addition to the presentations required for presentation of the annual marketing plan and quarterly evaluations of the effectiveness of the planned disposition penConsultants on ouomwill nto 6 restationseahqurterto the Cncil,Coissios, and public. 11. City agrees to pay Consultants the amount of $4,000 for the market analysis and development of marketing plan to be paid promptly on the submission of the marketing plan to Council. 12. City agrees to pay to Consultants the amount of 0500 for each quarterly evaluation of the effectiveness of the marketing plan and disposition policy to be paid promptly on the presentation of such quarterly evaluation to the City Manager. 13. City agrees to pay to Consultants the amount of $2,000 per month beginning with the month of January, 1981, and continuing through the month of June, 1981, at the rate of $2,000 per month payable at the end of each month. 14. The term of this Contract is to be from the date of execution by the City to,June 30, 1981. 15. Consultants agree that City shall have the option to continue this contract for a period of one year beginning July 1, 1981, on payments of the amounts set herein for monthly services and for quarterly evaluations. N w Tl 1 {f I r..t j j THIS AGREEMENT is executed by the parties hereto to be i effective on the _ day of , 1980. :- CONSULTANTS s I� Jerry Andreas Scott Yramatad - CITYs -- - --- - CITY OF KENAI Sys William J. Brighton • City manager J I f � � �'rrf�i.•''ei+Av..�r*+r�.r-saeuae�:rr--a .. • �' 11 � f 1. �RU'1 • c - WV ofK" =- j_- 3 J i o • I rY ,7 ' �. • , l.�'.,✓.(-f i{ f•1 �-C . 1 h' - - J. x 1 -� �_ w ..,v ��,, r wr n., ,". - I _ J4T _ '�'�.,"'. - -_yi _ S ., iJ�r.�.�_�eMewn"+: a..M. ..".--. '��. .� �� '^'tY�•Yisaa. THE FOLLOWING CH(4CKS ARE OVER $1,000.00 WHICH NEED COUNCIL APPROVAL OR RATIFICATION 12/17/80 yV"NnoR ANnttNT PFf1CPTPT1ON PPAJECTj DEPAP.TNENT ACCOUNT Cgporp AMOUNT P O.0 FOR APPROVAL . I American Tire Warehouse 3,036.58 Tires Shop Repair/Maint. Supplies 3,036.58 21018 Bowman Distribution 2,019.55 Miscellaneous Supplies Shop Operating Supplies 957.92 21061 Miscellaneous supplies Shop Operating Supplies 128.95 20829 Miscellaneous Supplies Shop Operating Supplies 932.68 20891 Chevron 2,709.18 Gear Luba Shop Operating Supplies 118.68 21247 Regular Gasoline Shop Operating Supplies 1,139.67 21233 Unleaded Gasoline Shop Operating Supplies 900.15 21234 t Unleaded Gasoline Shop Operating Supplies 550.68 21291 ' Ervin, Smith i Garnett 1,088.00 Legal Fees City Attorney Professional Services 1,088.00 On List Evans Eagins i Equipment Co. 2,186.05 Cutting Edges shop Repair/Maint. Supplies 2,186.05 21115 jGlacier State 2,106.14 December Phone Service Various Communications 2,106.14 David Htldarbrand 2,298.00 Sower Jet Hose Sever Repair/Maint. Supplies 2,298.00 2111E - Homer Electric Assoc. 8,384.15 November Electricity Various Utilities 8.384.15 KUSCO 1,738.20 November Gas Use Various Utilities 1,738.20 Southeaatral Communications 1,353.50 December Radio Maint. Comwnications Repair b Maintenance 880.25 20246 December Radio Maint. Water Repair 6 Maintenance 102.30 20246 December Radio Maint. Sever Repair 6 Maintenance 153.45 20246 Voltage Reducer Repair Shop Repair 6 Maintenance 177.50 21248 Antenna Police Operating Supplies 40.00 21041 FOR RATIFICATION Seaver Janitorial 2,385.00 November Bldg. Maint. Terminal Professional Services 2,385.00 20119 j . i National Bank of Alaska 33,284.00 November Federal W/H Coastal Fund Liability 33,284.00 A.M.E.F.C.U. 12,337.00 November Credit Union W/H General Fund Liability 12,337.00 Blue Cross of Alaska 9,482.68 December Medical Insurance Various Health Insurance 9,482.68 ." i State of Alaska 13,158.80 November FICA Various FICA 13,158.80 t � t 4 1 I - - I, i I. I i r Igo i i i,' t p.. .u..�. Wiz_°.:+Y..c.,.J�.�l...al., i . ;;,ill - - .,F.•_, �_� , ' - u CHECKS OVER $1,000.00 PACE 2 12/17/80 -"' VENDOR AMOUNT DESCRIPTION PROJECT/DEPARTMENT ACCOUNT CHARGE AMOUNT P.0.0 PERS 21,032.14 November Retirement Various Retirement 21,032.14 National Bank of Alaska 300,000.00 REPO 11/28/80 Central Treasury Central Treasury 300,000.00 Alaska Bank of Commerce 275,000.00 Cert. of Deposit 12/2/80 TCD Central Treasury 275,000.00 Alaska StateBank 450,000.00 Cart, of Deposit 12/9/80 TCD Central Treasury 450,000.00 r t • Y r r i 1 ! • 1 f ' • a1 i I G E -•1 �4 �: O I f � i REQUISITIONS OVER $1,000.00 WHICH NEED COUNCIL APPROVAL 12/17/80 1 -- — VENDOR APSCgIpTION DEPARTMENT ACCOUNT AMOUNT ' � 11 Erwin. Smith 6 Garnett Legal Services City Attorney Professional Services 1,088.00 Motorola Portable Radio With Carrying Case, FRS —Animal Control Machinery & Equipment 1,674.75 } J Charger, Antenna 6 Adapter Motorola Portable Radio With Carrying Case b PRS—PW/Administration Machinery 6 Equipment 1,457.75 Charger r t Z4 0 CITY OF KENAI ORDINANCE NO. 632-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KMC 23.40.030(f) TO CLARIFY THE REQUIREMENT THAT EMPLOYEES USE A MINIMUM NUMBER OF LEAVE HOURS PER CALENDAR YEAR. WHEREAS, KMC 23.40.030(f) provides that employees are expected to plan to use a minimum number of leave hours per calendar year, and WHEREAS, under the current system, if actual hours used are less than the minimum expectation, the difference is deducted from the employee's available leave hours without compensation, and WHEREAS, the personnel ordinance is not specific, and needs to be amended to clearly state that this is the intended treatment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.40.030(f) is hereby amended as follows: "(f) It is required [EXPECTED] that each employee = [SHALL PLAN AT] a minimum a, 80 hours of [ANNUAL] leave per calendar year for [GENERAL GOVERNMENT] employees working 40 hours per week, 112 hours for employees working the eggivalent of 56 hours per week [FIRE], A0 84 hours for employees working the Couivalent of 42 hours per week [COMMUNICATIONS AND JAIL], and effect appropriate coordination with the Department head. If actualhours used PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of January, 1981. VINCENT O'REILLY, MAYOR i ATTEST: Janet Whelan, City Clerk First Reading: December 17, 1980 Second Reading: January 7, 1981 Effective Date: February 7, 1981 I i J, . r . I � Ilk _ i 1 CITY OF KENAI ORDINANCE NO, 633-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1980-81 GENERAL FUND BUDGET BY $1,700 IN RECOGNITION OF A STATE OF ALASKA LIBRARY GRANT AND OF LIBRARY DONATIONS. WHEREAS, the City has received from the State of Alaska a Library Grant in the amount of $1,000, and —.- WHEREAS, the City has received approximately $700 in donations and charges for lost and damaged books that has not been appropriated, and WHEREAS, the Librarian has asked that these monies be appropriated for the purchase of library books and other materials, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ",-,Z j KENAI, ALASKA, that estimated revenues and appropriations in the :I 1980-81 General Fund Budget be increased as follows: - Increase Estimated Revenues: State Library Grant $1,000 Library Donations 700 Increase Appropriations: Library -Books Sly PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of January, 1981, 1'- VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: December 17, 1980 Second Reading: January 7, 1981 Effective Date: January 7, 1981 Approved by Finance: ' J ;• i a I f `I I CITY OF KENAI ORDINANCE NO, 634-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1980-81 GENERAL FUND BUDGET BY $25,000 TO PURCHASE A TELEPHONE SYSTE61 FOR THE NEW CITY AD14INISTRATION BUILDING. WHEREAS, the City Administration has recommended that the City - purchase a telephone system for the new City Administration Building, and -- WHEREAS, monies need to be appropriated now in the amount of $25,000 to purchase this equipment, but the City will eventually realize a savings in purchasing rather than renting its telephone equipment, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF _.; KENAI, ALASKA, that estimated revenues and appropriations in the n 1980-81 General Fund Budget be increased as follows: Increase Estimated Revenues: Appropriation of Fund Balance $25,000 Increase Appropriations: Non -Departmental -Machinery & Equipment $25,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17 th day of December, 1980. ATTEST: Janet Whelan, City Clerk . Approved by Finance: F VINCENT O'REILLY, MAYOR First Reading: December 17, 1980 Second Reading: December 17, 1980 Effective Date: December 17, 1980 r J _7 i, CITY OF KENAI i ORDINANCE N0, 635-80 1 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, " INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE CAPITAL PROJECT FUND ENTITLED "CEIP STREETS - 1980" TO PROVIDE ADDITIONAL MONIES FOR ENGINEERING SERVICES. t4HEREAS, the City Administration is recommending to the Council I i to accept proposals for engineering of Streets identified in the CEIP Streets-1980 Capital Project Fund in an amount that exceeds ,= the engineering appropriation by $31,600, and WHEREAS, the City of Kenai received Grant #8-055 from the State of Alaska in the amount of $2,1001000 for road improvements, of which $1,752,000 has been appropriated, leaving an available balance of $348,000, and , WHEREAS, under the terms of Grant #8-055, the use of those monies toward the CEIP Streets - 1980 Capital Project Fund is 1 permissable, and WHEREAS, proper accounting practices require that all - appropriations of City monies be made by ordinance. '�- 4 NM11r THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenues „�. and appropriations be made: CEIP Streets-1980 Increase Estimated Revenues: / State Grants (Municipal Grant #8-055) $31,600 :.� Increase Appropriations: Engineering $31,600 °r PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 1980. VINCENT O'REILLY, MAYOR ATTEST: _-_-- Janet Whelan, City Clerk -- Q First Reading: December 17, 1980 -_ irk Second Reading: December 17, 1980 5 Effective Date: December 17, 1980 Approved by Finance: e4zP Q.. 1 r rl � 1 Y CITY OF KENAI RESOLUTION NO, 80-168 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE AWARD OF BID FOR A MICROFILM SYSTEM TO EASTMAN KODAK COMPANY IN THE AMOUNT OF $11,545.00. WHEREAS, the City of Kenai requested bids for a micro -film system n consisting of a camera with accessory equipment and two printer/readers with stands, and WHEREAS, two bids were received, and they were opened on November 20, 1980, with results as followss Yukon Office Supply (3M) s Camera, with accessories $ 5,855.92 Two printer/readers, with stands 9,,200.50 �I5.056.42 Eastman Kodak Company:• Camera, with accessories $ 2,869.00 Two printer/readers, with stands R,676.00 $11,545.00 WHEREAS, the bid from Eastman Kodak Company meets the requirements of the City, is the lowest responsible bid, and is within the budget appropriated for this system. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for a microfilm system be awarded to Eastman Kodak Company in the amount of $11,545,00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 1980. l ATTESTs f. Janet Whelan, City Clerk _ Approved by Finances VINCENT O'REILLY, 14AYOR f r i CITY OF KENAI RESOLUTION NO. 80-169 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1980-81 GENERAL FUND BUDGET: From: Non -Departmental -Machinery _ & Equipment ($2,955) To: Non -Departmental -Operating Supplies $2,955 i This transfer provides additional monies for purchase and development of microfilm for initial recording of data in several City departments. This amount is the excess of the budgetary provision for the microfilm system ($14,500) over the cost of the system ($11,545). `. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 1980, VINCENT O'REILLY, MAYOR ATTEST: _ Janet Whelan, City Clerk r Approved by Finance: -jtE- ,I ;- • a :1 77 4 1 i , CITY OF KENAI RESOLUTION NO, 80-170 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1980-81 GENERAL FUND AUDGETs From: Contingency ($800) To: Legislative -Miscellaneous (Intergovernmental) $800 This transfer provides monies for additional costs to be incurred in preparation of the Capital improvements packet for the Alaska Legislature. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA# this 17th day of December, 1980, VINCENT O'REILLY, MAYOR ATTEST: P= Janet Whelan, City Clerk Approved by Finance: If CITY OF KENAI =�v - RESOLUTION NO. 80-171 o . A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE AWARD OF BID FOR ONE DUMP TRUCK TO ALASKA SALES AND SERVICE FOR A BID PRICE OF $50,008.00. WHEREAS, the Council of the City of Kenai has authorized the purchase of a Dump Truck, and WHEREAS, such bid request was advertised in a publication of local circulation, and -- WHEREAS, bids were received from four firms and opened at 2 p.m, on Thursday, December 11, 1980, and were as follows: -_.-..- Company Bid Price Cal Worthington Ford $51,990.00 - 1981 Ford LTD.- 8,000 Hutchings Chevrolet $52,480.00 1981 GMC Brigadier Alaska Sales and Service Brigadier SO 008.00 - 1981 GMC Br' ✓ $ , Alaska Truck Center $50,985.00 (meets all specs) 1981 Intern. Alaska Truck Center $50,485.00 (meets all specs except front axle rating) 181 Intern. WHEREAS Alaska Sales and Service with a bid of is $50,008.00 the lowest responsible bidder, and WHEREAS, acceptance of Alaska Sales and Service's bid is in the best interest of the City of Kenai and does meet the budget requirements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the bid for one Dump Truck be awarded to Alaska Sales and Service for the bid price of $50,008.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day j ? of December, 1980. MAYOR Ij , J 0 O �I . CITY OF KENAI RESOLUTION NO. 80 - 172 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE AWARD OF BID FOR ONE DIESEL TRACTOR AND AUXILIARY EQUIPMENT TO CRAIG TAYLOR EQUIPMENT CO. FOR $12,025.00. WHEREAS, the Council of the City of Kenai has authorized the purchase of a diesel tractor, fertilizer spreader and seeder, tractor cab, snowblower, and mower, and WHEREAS, such bid request was advertised in a publication of local circulation, and WHEREAS, bids were received from three firms and opened on Thursday, December 11, 1980 at 2 p.m. and were as follows: Main Equipment Contractor's Craig Totem Rentals Equip. Corp. Equipment Equipment Basic Bid $ 8,104.00 $ 8,381.00 $ 6,S75.00 $ 9,S59.S0 Add. Altern. 1 765.00 -- $ 1,97S.00 1,682.S0 Add. Altern. 2 -- -- $ 1,785.00 290.00 Add. Altern. 3 730.00 247.2S 675.00 1,380.00 Add. Altern. 4 2,684.00 2,07S.00 1,925.00 1,49S.00 Add. Altern. S 787.00 1,164.00 995.00 1,44S.00 Add. Altern. 6 1,757.00 1,705.45 1,18S.00 1,870.00 WHEREAS, Craig Taylor Equipment Co.'s basic bid for the diesel tractor, plus Additive Alternates No. 3 (tractor cab), No. 4 (snow blower), and No. 6 (flail mower) was the lowest responsible bid, and WHEREAS, after negotiation with the low bidder to allow us to stay within the budget, the spare front and rear tires were deleted and a set of chains for front and rear tires was added, reducing the tractor price to $6,350.00. WHEREAS, a single unit for spreading fertilizer and chemicals and for seeding, may be purchased for the sum of $1,890.00 from Craig Taylor Equipment Co. and as this unit would satisfy Additive Alternates No. 1 and 2, it is recommended by the Parks and Recreation Commission that the Diesel Tractor and Auxiliary Equipment be purchased from Craig Taylor Equipment Co. for the total sum of $12,025.00. NOW, THEREFORE, BE, IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the award of bid for one Diesel Tractor and Auxiliary Equipment be to Craig Taylor Equipment Co. for $12,025.00, as follows: V b. 7 - yam, ." Resolution No. 80 - 172 Page 2 - Basic Bid, Tractor as negotiated $ 6,350.00 Add. Alternate No. 1 & 2 as negotiated 1,890.00 Add. Alternate No. 3 as bid 675.00 Add. Alternate No. 4 as bid 1,925.00 Add. Alternate No. 6 as bid 1,185.00 Total $ 12,025.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of December, 1980. UiIifAA&lWj� f± Janet a an, City Clerk f! -_- ? Approved by Finance: C° q i 1 1 r t - I 1J ) I i �J 1 it s- CITY OF KENAI RESOLUTION NO. 80 - 172 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE AWARD OF BID FOR ONE DIESEL TRACTOR AND AUXILLIARY EQUIPMENT TO CRAIG TAYLOR EQUIPMENT CO. FOR $12,025.00. WHEREAS, the Council of the City of Kenai has authorized the purchase of a diesel tractor, fertilizer spreader and seeder, tractor cab, snowblower, and mower, and WHEREAS, such bid request was advertised in a publication of local circulation, and WHEREAS, bids were received from three firms and opened on Thursday, December 11, 1980 at 2 p.m. and were as follows: Main Equipment Contractor's Craig Rentals Equipment Corp Equipment Basic Bid $ 8,104.00 $ 8,381.00 $ 6,575.00 Add. Alter. 1 $ 765.00 -- $ 1,975.00 Add. Alter. 2 -- -- $ 1,785.00 Add. Alter. 3 $ 730.00 $ 247.25 $ 675.00 Add. Alter. 4 $ 2,684.00 $ 2,075.00 $ 1,925.00 Add. Alter. S $ 787.00 $ 1,164.00 $ 995.00 Add. Alter. 6 $ 1,757.00 $ 1,705.45 $ 1,185.00 WHEREAS, Craig Taylor Equipment Co.'s basic bid for the diesel tractor, plus Additive Alternates No. 3 (tractor cab), No. 4 (snow blower), and No. 6 (flail mower) was the lowest responsible bid, and WHEREAS, after negotiation with the low bidder to allow us to stay within the budget, the spare front and rear tires were deleted and a set of chains for front and rear tires was added, reducing the tractor price to $6,350.00. WHEREAS, a single unit for spreading fertilizer and chemicals and for seeding, may be purchased for the sum of $1,890.00 from Craig Taylor Equipment Co. and as this unit would satisfy Additive Alternates No. 1 and 2, it is recommended by the Parks and Recreation Commission that the Diesel Tractor and Auxilliary Equipment be urchased from Craig Taylor Equipment Co. for the total sum of 12,025.00. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the award of bid for one Diesel Tractor and Auxilliary Equipment be to Craig Taylor Equipment Co. for $12,025.00, as follows: 1 ,y • y r I .S i _ y ...� r - T +Hw14^� f._..w SILL:, YI . ai.--r ��v '..�-i sfKc`l:r.I:I..µwG:-vl ✓: — .-: .(�f, .YiriI- _ __ — .:� Resolution No. 80 - 172 Page 2 i U { Basic Bid, Tractor as negotiated $ 6,350.00 Add. Alternate No. 1 $ 2 as negotiated 1,890.00 Add. Alternate No. 3 as bid 675.00 Add. Alternate No. 4 as bid 1,925.00 Add. Alternate No. 6 as bid 1,185.00 Total $ 12,025.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day i of December, 1980. oVINCENT OIREILLY, R ATTEST: Janet Whelan, City Clerk i Approved by Finance: g i y? . t. .. 4 e CITY OF KENAI RESOLUTION NO, 80-173 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A BID IN THE A140UNT OF $25,000 TO GLACIER STATE TELEPHONE COMPANY FOR A TELEPHONE SYSTEM. WHEREAS, the City of Kenai solicited proposals for lease or purchase of a telephone system for the City Administration Building, and WHEREAS, three bids were received, and they were opened on December il, 1980, with results as follows: RMAPX Equipment warranty Bid Price Glacier State Telephone TIE Meritor 1236 2 year $25,000 The Telephone Co. TIE Ultracom 1236 1 year- 20,700 (parts only) A.C.I. TIE Businesscom III/IV 1 yr 19,000 `i WHEREAS, although the Glacier State bid is the highest received, it has the advantages of: 1. Local installation and repair service, 2. A 2-year warranty, which has a value of approximately $1,250 over a 1-year warranty, 3. Glacier State is the local telephone utility, providing the line service. This advantage eliminates conflicts regarding service and maintenance responsibilities. <.QtoJi WHEREAS, after considering all advantages and disadvantages of ;..; the three bids, in accordance with KMC 7.15.040, the City ' Administration recommends that the bid be awarded to Glacier State Telephone Company. y." I N019, THEREFORES BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for the telephone system be awarded to Glacier State Telephone Company in the amount of $25,000, 4 • 3 s. 9 �g B i a w = L F1 --- '+ � `x _- - :5:.-4. ... .5,.:war__ "- _ _ _ _ - '_ 'mot .. - •.Y _- 5 ,• I I PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 1980. VINCENT O'REILLY, MAYOR 1 ATTEST: Janet Whelan, City Clerk i - Approved by Finances e r i4; /eA Ao. 'L CITY OF KENAI RESOLUTION NO. 80-174 t BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLWING TRANSFER OF MONIES BE MADE IN THE WATER AND SEWER, SECTION 36 CAPITAL IMPROVEDIENT FUND BUDGET: Proms -- Contingency ($1,600) Tot ==-- Inspection. $1,600 This transfer provides additional monies for the award of the inspection contract for this capital project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 1980. VINCENT O'REILLY, MAYOR ATTESTS Janet Whelan, City Clerk Approved by Finances I I ^int Y f' 't 1 1 v• . C _p a +J i . f X CITY OF KENAI RESOLUTION NO. 80 - 177 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI AWARDING A CONTRACT FOR PROJECT MANAGEMENT, COORDINATION AND ENGINEERING INSPECTION SERVICES TO TRANS-ALASKA ENGINEERING FOR A PROJECT ENTITLED WATER AND SEWER, SECTION 36. WHEREAS, the City of Kenai received proposals for engineering from the following six firms: Firm Rates Not -to -Exceed Wince-Corthell-Bryson $ 82,400 Trans -Alaska Engineering $.51,600 Mike Tauriainen $ 61,900 Ted Forsi $ Associates $ 95,000 Dowling -Rice F, Associates $ 61,340 Peninsula Engineering $114,420 WHEREAS, the Public Works Committee, after reviewing the proposals, decided to recommend Trans -Alaska Engineering to receive the contract, and WHEREAS, the Council of the'City of Kenai feels that it is in the best interest of the City to award this project to Trans - Alaska Engineering. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Trans -Alaska Engineering be awarded the contract for Project Management, Coordination, and Engineering Inspection Services on the project entitled Water and Sewer, Section 36. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of December, 1980. ,i ATTEST: anet Jean, City er Approved by Finance: C-- i. .;i • TJ CITY OF KENAI RESOLUTION NO. 80 - 175 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI AWARDING A CONTRACT FOR ENGINEERING DESIGN SERVICES BETWEEN THE CITY OF KENAI AND MIKE TAURIAINEN ON THE LAWTON DRIVE, TINKER LANE, ROGERS ROAD, AND WALKER LANE PORTION OF THE CEIP STREET IMPROVEMENTS, 1980. WHEREAS, the City of Kenai received proposals for engineering design services from the following six firms: Rates If both projects Not -to -Exceed Main St. and Lawton Firm Lawton are awarded Wince-Corthell-Bryson $ 63,500 $98,000 • Mike Tauriainen $ 43,100 $71,000 Dowling -Rice F Assoc. $ 29,860 Peninsula Engineering $ 66,215 Artic Environmental $S2,000 Ted Forsi $ Assoc. $100,000 WHEREAS, the Public Works Committee, after reviewing the proposals, decided to recommend Mike Tauriainen to receive the contract, r� and WHEREAS, the Council of the City of Kenai feels that it is in the best interest of the City to award this project to Mike Tauriainen. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Mike Tauriainen be awarded the contract for Engineering Design Services on the project entitled Lawton Drive, Tinker Lane, Rogers Road, and Walker Lane Portion of the CEIP Street Improvements, 1980. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of December, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance: _y_ s � •- s i r i �, i, _-� Jf __ .;.ice--,:..:-.+..+..� - -- = �f'i^-'_^"•r `^�' _ ��� CITY OF KENAI RESOLUTION NO. 80 - 176 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI AWARDING A CONTRACT FOR ENGINEERING DESIGN SERVICES BETWEEN THE CITY OF KENAI AND WINCE-CORTHELL-BRYSON ON THE MAIN STREET LOOP AND "BARNACLE WAY PORTION OF THE CEIP STREET IMPROVEMENTS, 1980. WHEREAS, the City of Kenai received proposals for engineering design services from the following seven firms: Rates If both projects - =- Not -to -Exceed Lawton and Main St. Firm Main Street are awarded Mike Tauriainen $33,200 $71,000 Wince-Corthell-Bryson $42,500 $98,000 Dowling -Rice $ Assoc. $20,940 G AK Architectural $ Engin. $19,750 Arctic Environmental $52,000 Ted Forsi $ Associates $54,000 Peninsula Engineering $39,420 WHEREAS, the Public Works Committee, after reviewing the proposals, decided to recommend Wince-Corthell-Bryson to receive the contract, and WHEREAS, the Council of the City of Kenai feels that it is in the best interest of the City to award this project to Wince-Corthell- Bryson. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Wince-Corthell-Bryson be awarded the contract for Engineering Design Services on the project entitled Main Street Loop and Barnacle Way Portion of the CEIP Street Improvements, 1980. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of December, 1980. r 4 ATTEST: Janet Whelan, ity Clerk r Approved by Finance: c&e i {{.• 4 I l., 4 v •'A d . e Y `r fTTV — CITY OF KENAI RESOLUTION NO. 80-178 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING THE DONATION OF LANDS AND OIL AND GAS RIGHTS IN ADJACENT LANDS FROM HAROLD A. DAUBENSPECK AND RITA DAUBENSPECK. WHEREAS, Harold A. Daubenspeck has for many years owned and I operated the Kenai Salmon Packing Company in the City of Kenai -! and has always been a positive force in the development and stabilization of the economy of said City, and WHEREAS, the summer employment furnished by the Kenai Salmon Packing Company has not only contributed to the financial well being of the community, but has in many cases furnished the opportunity for youth of this City to earn high wages with which they have been able to continue their pursuit of higher education, which has resulted not only in the advancement and enrichment of said youth but has worked to the benefit of every community in which said youth have later settled, including the City of Kenai. and WHEREAS, the said Harold A. Daubenspeck has always followed the policy of lending funds to local inhabitants for purposes of the purchase of fishing sites, fishing vessels, and fishing gear, which has contributed not only to the well being of the individuals involved but to the development of the Cook Inlet fishery and the community as a whole, and WHEREAS, Harold A. & Rita Daubenspeck have executed a Deed by which they have offered to donate to the City of Kenai very valuable riverside and road frontage properties within the City of Kenai, including all oil, gas, and mineral rights therein, which property is not only very valuable property in itself, but is even more so to the City of Kenai"because it is adjacent to land already owned by the City of Kenai, and 11HEREAS. Mr. & Mrs. Daubenspeck have also executed a Deed and offered to donate to the City of Kenai all oil and gas rights previously reserved by them in adjacent tracts to those conveyed and donated to the City at this time, and WHEREAS, it is understood that significant quantities of gas have been discovered in a well drilled just across the Kenai River. from the land in question and the pool of gas may well extend under said lands, NOW, THEREPORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska that the City of Kenai hereby accepts from HAROLD A. & I;ITA DAUBENSPECK the gift of land, together with the oil, gas, and mineral rights therein and the gift of oil and gas rights in adjacent lands referred to in the deeds of December 12, 1980, to be used exclusively for public purposes. We further recognize that the value of this gift may exceed THREE MILLION DOLLARS ($3,000,000.00). BE IT PURTHER RESOLVED that t e it�pp r .th re� �t of ,M Mrs. Daubens k,t he al�pfoca ddg r y h,, 'revenue, or rental income �� d_m .ine 49--r4ghts from Tracts C, D, and E of the Daubenspeck Property Subdivision as well as from Alaska Tidelands Survey No. 98, are to be dedicated to athletic programs sponsored -by the City of Kenai. The distributions of such funds will be at the full and sole discretion of the City Council of the City of Kenai, Alaska, to the Parks & Recreation Commission or such other City agency or city official as the City Council may from time to time authorize to use such distributions. BE IT PURTHER RESOLVED that as a gesture of our appreciation we hereby recommend that in the event a marina or park or other public facility be developed on any of the donated property that such facility be named after the Daubenspecks. PASSED BY THE COUNCIL OP THE CITY OP KENAI, ALASKA, this 17th day of December, 1980, VINCENT O'REILLY, MAYOR ATTESTS Janet Whelan, City Clerk 1 CITY OF KENAI RESOLUTION N0, 80-178 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, + ACCEPTING THE DONATION OF LANDS AND OIL AND GAS RIGHTS IN ADJACENT LANDS FROM HAROLD A. DAUBENSPECK AND RITA DAUBENSPECK, WHEREAS, Harold A. Daubenspeck has for many years owned and operated the Kenai Salmon Packing Company in the City of Kenai and has always been a positive force in the development and stabilization of the economy of said City, and WHEREAS, the summer employment furnished by the Kenai Salmon Packing Company has not only contributed to the financial well being of community, but has in many cases furnished the ; opportunity for youth of this s-ity to earn high wages with which they have been able to continue their pursuit of higher education, which has resulted not only 33,,�,, the advancement and enrichment of said youth but has worked the benefit of every community in which said youth have late settled, including the City of Kenai, and WHEREAS, the said Harold A. Daubenspeck has always followed the policy of I nding funds to local inhabitants for purposes of the , purchase of- ishing sites, fishing vessels, and fishing gear, which has contributed not only to the well being of the individuals involved but to the development of the Cook Inlet ; fishery and the community as a whole, and WHEREAS, Harold A. & Rita Daubenspeck have executed a Deed by which they have offered to donate to the City of Kenai very valuable riverside and road frontage properties within the City of Kenai, including all oil, gas, and mineral rights therein, which property is not only very valuable property in itself, but is even more so to the City of Kenai because it is adjacent to land already owned by the City of Kenai, and WHEREAS, Nr. & firs. Daubenspeck have also executed a Deed and offered to donate to the City of Kenai all oil and gas rights previously reserved by them in adjacent tracts to those conveyed and donated to the City at this time, and 1 WHEREAS, it is understood that significant quantities of gas have been discovered in a well drilled just across the Kenai River from the land in question and the pool of gas may well extend �. under said lands, a NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska that the City of Kenai hereby accepts from HAROLD A. & RITA DAUBENSPECK the gift of land, together with the oil, gas, and mineral rights therein and the gift of oil and gas rights in adjacent lands referred to in the deeds of December 12, 1980. We further recognize that the approximate value of this gift is THREE MILLION DOLLARS ($3,000,000.00). BE IT FURTHER RESOLVED that the City honor the request of Mr. & Mrs. Daubenspeck that the sales proceeds, royalties, revenue, or rental income from the oil, gas, and mineral rights from Tracts C, D. and E of the Daubenspeck Property Subdivision as well as from Alaska xidelands Survey No. 98, are to be dedicated to City of Kenai athletic programs or to be given to non—profit organizations sponsoring athletic programs within the City of Kenai. The distributions of such funds will be at the full and sole discretion of the City Council of the City of Kenai, Alaska or the Parks & Recreation Commission or such other agency or city official as the City Council may from time to time authorize to make such distributions. BE IT FUTHER RESOLVED that as a gesture of our appreciation we hereby recommend that in the event a marina or park or other public facility be developed on any of the donated property that 1 such facility be named after the Daubenspecks. PASSED BY THE COUNCIL OP THE CITY OP KENAI, ALASKA, this 17th day of December, 1980. VINCENT O'REILLY, MAYOR ATTESTS Janet Whelan, City Clerk - a 4' AIKEN, ST. Louis & SILJE:G WALLACE AIKCN ATTORNEYS AT LAW ROBERT ST. LOUIS 1215 NORTON SUILDSNG 624.2650 CHARLES Z. S1Lje0 SMATTLE.WASMINGTON 98104 ARCH C009 206 ARYMUR H. MCKCAN GEORGE S. MARTIN DOUGLAS W. MCOU^10 WALLACE Z. SKIDMORE. JR December 12, 1980 SUSAN W. CARLSON GREGORY L. SERTR^M STEVEN GONA Mr. Ben Delahay City Attorney City of Kenai Kenai, AK 99611 Re: Gifts from Harold and Rita Daubenspeck Dear Mr. Delahay: 2 Enclosed herewith you will find the following documents which we have prepared in connection with the captioned matter: 1. Quit Claim Deed conveying all oil and gas rights in Tract E of the Daubenspeck Property Subdivision, and Alaska Tide- land Survey No. 98; and 2. Quit Claim Deed for Tract C and D of the Daubenspeck Property Subdivision and the remainder of their interest in Alaska Tideland Survey No. 98. Mr. and Mrs. Daubenspeck have authorized us to deliver these Deeds to you as their agent. It is the intention of Mr. and Mrs. Daubenspeck that these properties be conveyed to the City exclu- sively for public purposes. You are to hold these Deeds until the City Council of Kenai passes a resolution appropriately accepting the Daubenspeck gifts. Upon receipt of a certified copy of the resolution, you are to deliver these Deeds to the Mayor and return the certified copy of said resolution to our office. If this reso- lution is not passed during the December 17, 1980 City Council meeting, please call this office immediately in order to receive further instructions. Mr. and Mrs. Daubenspeck request that all sales, proceeds, royalty, revenue or rental income from oil, gas and mineral rights to Tract C, D, and E of the Daubenspeck Property Subdivision and Alaska Tideland Survey 98, be dedicated and given to city organiz4-. tions, sponsoring athletic programs within the City of Kenai. RECEPIM 2C 171980. ST LEGAL DEPT. 01AT OF HCRAS Mr. Hen Delahay Page 2 December 12, 1980 Will you please call immediately upon receipt of this letter to advise us of the arrival of the same. Also, will you please review these legal descriptions with the surveyor to be certain they are accurate and proper in all respects. Further, will you please call following the Council meeting on December 17, 1980, to advise us of the delivery and acceptance of this gift. Further, if there are any complications whatsoever in connection with the delivery and/or recording of these Deeds, please advise us immediately. Very truly yours, AIKEN, ST. LOUIS & SILJEG Wallace E. Skidmore, WES:pw Enclosures n i 1 • ,II S.1 I� CITY OF RENAI RESOLUTION NO. 80-179 A RESOLUTION OF THE COUNCIL OF THE CITY OF RENAI, ALASKA, CALLING A SPECIAL ELECTION TO BE HELD ON FEBRUARY 100, 1981, FOR SUBMISSION OF A CHARTER AMENDMENT CONCERNING TIME OF FILING FOR MAYOR OR COUNCILI4AN AND FOR SUBMITTING SEVERAL QUESTIONS TO THE QUALIFIED VOTERS OF THE CITY CONCERNING PURCHASE OF ROPER LEASES TO SECURE LAND FOR DOCK FACILITIES AND POSSIBLE CONSTRUCTION OF A SMALL BOAT HARBOR, ASSUMING RESPONSIBILITY FOR PAYMENT OF OPERATION, MAINTENANCE, UPKEEP, AND REPAIRS OF A SMALL BOAT HARBOR IF STATE FUNDS ARE SECURED FOR CONSTRUCTION, AND APPROVAL OF CAPITAL IMPROVEMENTS FOR STATE FUNDING. WHEREAS, the time for filing for election by candidates for office of Mayor or Councilman are presently set by Charter so close to the election date that by the time ballots are prepared there is not sufficient time to get them delivered to citizens requesting absentee ballots in time for such citizens to cast their ballot and thus, as a practical matter, disfranchising those citizens who are out of the City prior to a period about one week before elections, and WHEREAS, it is desirable to amend the Charter so that every citizen will have the opportunity to vote, and WHEREAS, the Kenai Advisory Harbor Commission is in the process of obtaining engineering studies for the feasibility of a small boat harbor and is seeking State funding for the construction of such small boat harbor, and WHEREAS, it appears that one of the better locations for such small boat harbor and other docking and loading facilities might be on tracts of city land previously leased to Robert L. Roper for periods of 99 years, and WHEREAS, the State of Alaska presently has funds amounting to approximately $643,000 which could be granted to the City of Kenai for the purpose of site acquisition and construction of docks and related facility, and WHEREAS, Robert L. Roper has made an offer to resell his leases to the City for the sum of $250,000.00 which offer will expire if not accepted on or.before February 28, 1981, and 1 s 7. WHEREAS, it is the desire of the City Council of the City of Kenai, Alaska to ascertain the wishes of the voters on the questions set forth hereinafter, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: That the Council hereby calls a special election which shall be held Tuesday, February 10, 1981, for the purpose of submission of the proposed Charter amendment set out in Section 2 hereunder and to place before the voters the propositions set forth in Sections 3, 4, and 5 hereunder. ,Section : That the following proposition shall be submitted to the qualified voters of the City of Kenai at the special election called hereinabove in substantially the same form as is set out hereinafter: PROPOSITION #1 The first clause of the Section 10-3 of the Charter of the City of Kenai reads as follows: "Any qualified person may have his name placed on the ballot for the election as a candidate for Mayor or Councilman by filing, not more than one month and at least two weeks prior to the election, with the City Clerk, a sworn statement of his candidacy;" Shall such clause be amended to read as follows? "Any qualified person may have his name placed on the ballot for the election as a candidate for Mayor or Councilman by filing, not more than 60 days or later than 31 days prior to the election, with the City Clerk, a sworn statement of his candidacy; Yes No Section 3: That the following proposition shall be 2 1 ' a j i fl submitted to the qualified voters of the City of Kenai at the special election called hereinabove in substantially the same form as is set out hereinafter: PROPOSITION #2 Do you want a small boat harbor, docks, and other facilities built for the City of Kenai if funding for construction thereof can be obtained by the State of Alaska with the City of Kenai to be responsible for payment of expenses of any operation, maintenance, upkeep, and repairs in excess of any income derived from the use of such facility? Yes No ,gsction_4: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the special election called hereinabove in substantially the same form as is set out hereinafter: PROPOSITION #3 If engineering studies show soil conditions on Tract B and Tract Cr Kenai Boat Ramp and right-of-way dedication, previously leased to Robert L. Roper for terms of 99 years, to be feasible for construction of a small boat harbor, do you wish the City to accept the offer of Robert L. Roper to accept $250,000.00 for relinquishment to the City of those leases, together with the permits secured by him from the United States Corps of Engineers to construct a dock, boat ramp, and additional facilities consisting of a boat harbor, grid, boat ramp, with floats, fueling dock, and sheet and timber bulkheads in the Kenai River and adjacent wetlands in connection with said leases: A. If the City of Kenai can obtain a grant of funding from the State for payment therefor? Yes No B. If the City of Kenai cannot obtain a grant of 1 LEI 3 - 1 ' I J11 i r xf ._ — t _ —_�i • • :i • funding from the State for payment therefor? Yes No -- Section 5: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the special election called hereinabove in substantially the same form as is set out hereinafter: i -- PROPOSITION #4 Are you generally in favor of the capital improvement -- = projects set in the brochure prepared by the City and aired in public hearings on December 16th, 17th, and 22nd for which State funding is to be sought by the City? Yes No PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 1980• VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk i � S 1 I y�1 u _ a i I J r I 1 i �r'T PROPOSED AMENDMENT TO RESOLUTION NO. 80-179 In order to resolve any question as to the constitutionality of the present Charter provision which requires nominating petitions be signed by voters who are property owners, it is suggested that Section 2 of Resolution No. 80-179 be amended to read as followss Section 2s That the following proposition shall be submitted to the qualified voters of the City of Kenai at the special election called hereinabove in substantially the same form as is set out hereinafters PROPOSITION $1 The first sentence of the Section 10-3 of the Charter of the City of Kenai reads as followss "Any qualified person may have his name placed on the ballot for the election as a candidate for Mayor or Councilman by filing, not more than one month and at least two weeks prior to the election, with the City Clerk, a sworn statement of his candidacy; provided that such sworn statement shall be accompanied by a nominating petition signed by twenty or more registered qualified voters who are property owners with the city." Shall such sentence be amended to read as follows? "Any qualified person may have his name placed on the ballot for the election as a candidate for Mayor or Councilman by filing, not more than 60 days or later than 31 days prior to the election, with the City Clerk, a sworn statement of his candidacy; provided that such sworn statement shall be accompanied by a nominating petition signed by twenty or more registered qualified city voters." Yes No w - _•. ._ _•• ...ate. MEMO ?iT r 't L C,r=1 r R, rf, y� J, Ktla `:...:.a1.B), ltpI.—I F.pu.. tun, 10. 191f, •oar EO•tta u S. ccwaatre»• o• ccrreace FORM t,.•. eta»e...c arve�nna.a»t U4te November 20, 1980 ' CONTRACT CHANGE ORDER Fmteat Se. State Grant No. 8-05S t•acsrson City of Kenai to teMn.rte,l Quality Asphalt Paving t.•rotraet Vie. 1711 East 82nd Avenue Anchorage, Alaska 99507 r'h.nar Wet NO. Two You are hereby requested to comply with the following changes from the contract plans and specifications: 11em No. Description of changes • quamities, units, unit prices, change in completion schedule, etc. (J) Decrease in contract price M tncresse in contract price (4) 1 Asphalt paving a parking area of 5500 square feet by 3 inches thick behind the Public Safety Building $6,000.00 A �eQrnvuc aH n pppROYB) Sy Cffy CW M-WAI err L4t;E !w [+ f rtv nl+xa,t S. �, ---- c arcs•: v __ _ - Y.L;-y CLERK --- Change in contract price due to this Change Order: Total decrease 6 000.00 f xxxrxxX X. Total increase YXXXXX)tQXXXXXX f 6 000.00 f f 6 000.00 Difference between (.ol. (1) and (4) f f 000 0 Net 6ncrease)Jlklp7l*X) contract piste The sum of f 1t , f100 _ 00 is hcrebv (e:4lca1 to) (atcAidttRWsfuit) the total conrrxt trice. attd the total adjusted contract price to date thereby is f 792 , 916.00 . / The time provided far ronplatims in the c.mtract is (unchsnlreJl (%OIOI'x*9I1 01SX00%4i1) by 0 _ casendat days. Thin dactuaeut slt.11 becene en amenJment to the cantra.t end all proci•,ions of the coniuct w311 apply hereto. Recommended t i •may u•.. Fi, • a•.t .tr Accerted by c •.uaal.r Orte Approced by rF.r:rr — SLte Yaeo—oc ust. o 1 • 1 Re i k J Pro.eet %n. State Grant No. 8-0S5 :,-marls No. JUSTIFICATION FOR CHANGE Change (hdet No. Two 1. Necessity foe change: Parking area behind Public Safety Building is unpaved, and therefore, takes time for grading during summer months. The State Grant allows for paving of public parking areas. This area is very close to this project and can be easily justified as part of this project. L Is proposed change an alternate bid? [3 Yes 93No i. Will proposed change after the physical sin of the project? ayes pNo !J '•Y*s,„ explain. Increase paved area by SS00 square feet. 4. Effect of this change on other prime contractors: none L Has consent of surety been obtained? p Yes &] Not necessary 6. Will this change affect expiration of extent of insurance coverage? 0 Yes [y} No ff "Yes," will the policies be extended? C, Yes ONO 7. Effect on operation and maintenance costs: Yes, less maintenance since area will not need to be graded during the summer months. /— t t I11e [Lldre w[v ei•+e" uKeWDC f)tae.ere h -r, 1 J A r 4 s II ii • ..ID.tIJ- --- -- — us O[rA—uCM' Si c-•.,...,.r •[.. Iona, acc•a w.c u.e rc..•c•.+ .. .••aee�+lo. - - - - .,....I•rA. mr ADAP 6-02-0142-06 PERIODIC ESTIMATE FOR PARTIAL PAYMENT yIAALT No. `� Kenai Municipal Airport -Taxiway Lighting N AN[ AMD LOC ANON of PRO/ECT IMPROVEMENTS TO M. AI MUNICPAL AIRPORT, KENAI, AK Name ANo AODltess or CO"TRAc1oR _ -- COASTAL INC. S.R. 21000, FAIRBANKS, AK 99701 PERIODIC ESTIMATE No. 3 pan PE RICO Nov. 14 IS 80 To Dec. 12 t,90 1. COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY Entries most be limited to work and costs under the original contract only. (York and cost data under ctange orders is to be shosn in Part 2 of this form.) Columns (1) throuSb (5). Enter data shown in columns 1. 2. 3. 8 and 9, respectively, or- Form MI I I prepared by Contractor. Colunuis (6) and 17). Show all work completed to date under original contract. Column (8). Enter the difference between entries in columns (" and (7). Column (9). Show percent ratio of column (73 to column (5). CONTRACT COMPLETED TO DATE ICOST No. aESCa1PTION Of ITEMS or UNCOMPLETED COMP COAT PER TOTAL COST OVANT. MNIT IINIT CV.NT. TOTAL toot DoRR 1[r as pt MC Iol Itl pt CO Cot 6-01 Underground Conduit 2" 13990 2.19 30,638.10 13990 30,638.10 -- 100 6-0 Underground Conduit 3"/4" 3440 4.76 16,374.40 3440 16,374.40 -- 100 6-0 Underground Cable 1/c #8 28750 1.71 49,162.50 28750 49.162.50 -- 100 6-0 Control Cable 6 pr. 019 400 2.80 2,120.00 400 1.120.00 -- 100 6-0 Control Cable 25 yr. 019 360 6.22 2.239.20 360 2,239.20 -- 100 6-0 New T/W Lt. Fixtures 15 688.80 10,332.00 15 10,332.00 ' -- 100 6-0 Saly./Reinstall Le. Fix. 144 431.20 62,092.80 1" 62.092.80 -- 100 6-0 Elec. Randholes 17 1792.00 30,464.00 17 30,464.00 -- 100 6-0 Grounding System 1 Job L.S. 29,522.00 L.S. 29,512.00 -- 100 6-10 Lt.Regulator L-828. 301or 1 Job L.S. 16,800.00 L.S. -- 16,800.00 - ! 6-I3 Saly/Reinstall Lt.Equip. 1 Job L.S. 9,520.00 L.S. — 9,520.00 -- 6-1 Standby,Elee. System 1 Job L.S. 95,200.00 L.3. 4,760.00 90,440.00 5 6-1 New L-857 Lt. Bases 40 280.00 11,200.00 40 11,200.00 -- 100 6.14 Fire Supress/Alamo Sys. 1 Job L.S. 10.640.00 L.B. -- 10,640.00 -- 6-15 Modify Paint. Bldg. Elec. I Job L.S. 16.800.00 L.S. — 16,800.00 (rIf Modify Paint. Bldg. 1 Job L.S. 11,200.00 L.S. -- 11,200.00 — 1-01 Remove/Replace A.C. Pvmt. 7500 21.76 88,200.00 3750 44.100.0W 44,100.00 50 1-0 Const. Generator Bldg. I Job L.S. 40.000.00 L.S. 98,000.00 42,000.00 70 Total Bid 31,495.00 1L'.^mfn Q42.s'HAI. By CR' Y TO h: KyN ; Cc K • 4 li AS r I y I i 1` . tl TOTAL or cast COLVV" _ 1631.495.001 1389,995.001 242.500.001 I t.►co..N cr ......... I - _ - _ .,•.-ram:— - - - - - �.:d� � �w.;r.,;_t�...f.•.>._ -- - .�....-�r•-;---� _ : ^`7 ' - . -r� �� t Ito A�,1 I1iT--` • rN Mee IaPn P--------_.__ .S_f f C^kT^at. f S iy.,, hr.r t..ry •h.na w.lYr n.1,rJ an .l.11r .1 lln• rat qua ./ .aaa n n.•...r: . �,` Ar♦h♦n J.rna Ya lr l-for •..-M eMa.;Y_h �=rr�.� .._-_ t ' 'CONTasCT- .���" 1N.N49 OY:tA (r Of •C.rPilOq CGN TMaCT PNI�( 1o" C,-C-...It Tp�.L-C l'.T 9•—� OP;,t 41Tat's I7EYS I:.EEO tlT CEYPCf Tta C«•4i1 ONOC• 'O O•f[ Of C.1c Ti a" r.C.. CC-%TPACT Pni(f •S S«D.N + TOTALS I I I I I I T. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE I{ lst Ori final etatract Schutt.a loon. a • nof this it 631 s49S.00 f fbl Plass Additions scheduled in column i abose Set Letss Deductions sshedsled is coluto 6 oboes 631 495.00 - (JI eJlu•a•J cnmuct annunr to Jarr �_�_— .__ _-------- - --------r----- -- d. ANALYSIS OF WORK PERFORMED ($$Cost of ori$isal cttiracrOak prrfersord today rod, a- /rest of this fors) 389j995.00 W Extra Oak pert"asd so dot (door. s esoso) (e) Total **at *I week performed so b/e 389.995.00 _ (dt Least Amoust recited is aewdance with eenuat Isms tshoo both stfatnr end 401l01 eewnr) 30 38.999.50 (at.Net smog" *arms M CMttact ewk to site 350.995. SO (1) Adds materials awed as Cie" of this period dress drsafttd tchedefe) '� �' (s) Subtoct of (e1 and (1) 3.9.4' Ott Less: Aastion of previous payrx"s 334.94964 _ s 01 BALANCE DUE THIS PAYMENT 16.045.86 a. CERTIFICATION OF CONTRACTOR Aeeordin$ to the Sass of my ksowled$e ssd belief. I certify that all items and amounts shows an the face of this Periodic Estimate I till Pa)m*nt arc ewreer• efts art Oak has been priforrasd and:$$ material $applied in full accords"e with the requirements etrttn:ed Cenuacq and%a/uiy sesitoficed do.ia+ions, 0ubsfitatIona. akerarrsns, and far additions• tbf the forts Is o _ tt d cartes acttme" of the sunsets account opts sal ise(ulinj ttw Isle dal of rko ptried tertred by this Psriadu Eaimste; ` stoat so pared the "Balance Due This Payment" has bests retei.ed. cad char rho uadtnifetd ass his ruby this sti is Istim opowsofr Nae) s. ffLn Complied wish all The labor povisioas at said eastrast. " Is. 93CompHed whh all the labor Provisions Of $aid contraet tacept in rhos* instanter *hot* sac boat$$ dispute esisss with ro- spect to said )shy Prouitioes. (Art (a) of 60*66e4, es gefho SWOOy Rerun of bl•►urer) Coastal, Inc. By 7i/ //.�mw ���� (Ctsuwta) 0, (si(nwure of wslateu.d Rf"neNerl.t) *December 129 .Iq 80 Tide Project Superintendent a. CERTIFICATION OF ARCHITECT OR ENGINEER S «rtifyt $has I have sleeked and serifitd the abuse and fae$oiaf Periodic Esolmate I" Partial Partition; that to the best of my hnowidfe sod belief it is a true cad carter scums" of Oak performed and/or material supplied by rise contrasts: +hot all Oak mod or material silo ed to this Periodic Estsmste has been inspected by me and-af by my duty authorized wPrrss*utis* of assutsnss and that it has lairs tdormeJ Jed fa supplied in full accordant. with requiretscas of rise reference contract, and t at partial symect claimed Jed aquatics by the contactor is correctly to•_,+Yied oe the basis of oak pedwmod and mite• tisl s a to date. Si$s.d w M$$ r rwsea ) Prim, et l Klt ' F, pttE•►AYMENT CERTIFICATION BY FIELD ENGINEER / Caesa plc of rotwear eeNsrfedr Q 1 Mae ehetbtd this tabnattaryin.r.rle contractor's StMAJe ofAm. (a Ctnrraer P�rrr+nrt. +be sacs Jod apvna of y Ins(eetfoae of thr Protest. Jd the prri*Jw lepers wl mints by the • hnecr /.minter. to nor or; nla» this the asa,ewer d oak 00erfeoN 4 ssf at materials ovorplied is accurate, that she coast, a is obsolete$ the taquirrmems of the contract, and that $I r centric#" Should be re.J tEe Jmuunt requested abate. ! (� 1 terrify this all stab f&J'of matcriJh eerier the Contract has Is v. in.pcarrd by w, ..J this is ben. been pdawrd ad!o- sup. Flits in dj ate"Js ce ish the /Mil..,ttrman of the contract. gross [fy.vul tOnrl Appe..J iCa.Uw t,wf OI/MM• so— .. ffkif+i►A: +dam wfpa- r:,T �: _ .: rr-. j 4 l I ' I i � 1 1 1 ' I 1 TENTATIVE PROPOSAL FOR PERPETUAL CARE OF KENAI CEMETERY 1. Cemetery to be properly plotted in all areas and copies of the records be kept by the City of Kenai. 2. Money to be appropriated to totally revitalize the cemetery , to where every area is suitable for burial. 3. There will be a charge of $50.00 on every grave for perpetual care and all graves to be reserved will be $50.00 a piece. 4. No burials will take place until the City's representative is contacted for the selection of the grave and the grave is staked to insure uniform burials. 5. Within a one year period, unless there is no survivors, a permanent marker either purchased or made must be placed. f Flush only. 6. Funeral homes are responsible for marking graves with temporary markers at the time of internment. ! a 7. All graves to be dug by hand and back filled by hand and no excess dirt should be left next to grave. If the grave is not"properly closed a $50.00 fee will be charged to that funeral f~ home or responsible person. 0. Clean up to be scheduled five times a year which includes: a. Cutting of grass and trimming around all markers, trees, fences, etc. i b. All trash to be removed from area including cut flowers on graves and fences not maintained. c. Excess dirt to be removed from new graves within a year ' of burial allowing the ground to settle. 9. •Equipment necessary to maintain cemetery: 2 - Lawn mowers 1 - Gas powered trimmer 1 - Set of scaffolding for the graves 4 - Trash barrels 1 - Wheel barrel Shovels and hard rake , ,1 10. $2500.00 per year is a reasonable amount for an individual - to assume overseeing and carrying out these responsibilities. t/L _ kS __ a ':.t :i JN .,r7 i�r 'ir.. _ a��=-L-u�!-'-. �+..�./f._!^ +..w - _�v _.mow. 'I lE--«. _c.:�:.-•_ _ - CITY OF KENAI _ /. O. BOX $10 KENAI, ALASKA 99611 TELEPHONE 3B3 • 7535 December 11, 1980 . j TO: Mayor and Council of the City of Kenai i FRODt: Jim Swalley, Airport Operations Manager , -. SUBJECT: Spur Highway Development Gusty Subdiv sion At their regular meeting of December 10, 1980, the Kenai Planning and Zoning Commission passed a motion recommending that Council approve the platting of Spur Highway frontage property beginning at Gusty Subdivision, Lot 3, westward to an area beyond the Concession area, stopping short of the • unnamed creek that crosses -under the Spur. The motion also states that the newly platted land be designated commercial/retail, excluding office space. We have a concept lease application on file from AIr. Ron Yamamoto for a proposed Lot 4, Gusty Subdivision. Enclosed is a copy of. the Planning and Zoning motion, a drawing of the general area and a portion of a letter which Mr. Brighton received from Mr. Pattison of FAA, Plans and Programs Branch. JS/jet P y l� ` ._ F _• 3'l"t9 __ Z`%�.o-._.:.- -'N. Jr. "rir• ----- — -- 1--- __ - .rj'ni�•- —3' -�-i�'�ri.�•. .,=..,...-.:++-�/A—_-11.:�._ =r — - I h Kenai Advisory Planning and Zoning Commission •• Regular Meeting, December 10, 1980, 7 p.m. j _ 4 _ MOTION: , I Dave Curtis moved, seconded by Jim Blanning, to recommend I to the City Council that they have the land adjacent to Gusty Subdivision platted per the pattern set by extending Lots 1, 2, and 3 of Gusty Subdivision and made available for lease for retail or commercial use, precluding leasing this I land for office structures. AMENDMENT: The lots should be platted to the limit of usable terrain - - in a westerly direction from Gusty Subdivision, terminating short of the unnamed creek. -- - The motion as amended was approved unanimously. - r r .. 1 u I r — 3� "i c i• , I Nr a DEPARTMENT OF TRANSPORTATION I' FEDERAL AVIATION ADNIINISTRATION ALASKAN REGION Tot C Staff? 80x a _.. •.•„ ^ ANCHORAGE. ALASKA 9%IJ s 'r�f V RECEIV t BY efsv 4V%w;Jg-r0AT►ori Ctrr CIF ►_r+nt City C'• Fiat DiFf. CF puptir tvoRK9 Mr. William J. Brighton City Manager , City of Kenai P.O. Box 580 Kenai, AK 99611 Dear Mr. Brighton: • Kenai Municipal Airport We want to take this opportunity to thank you and Jim for meeting with , us on the development of the Kenai Airport. Since we covered a nttmber of different subjects, we will address each subject sepatately as follows: ' 1. The City requested authority to lease certain property ~ to Mr. Yamamoto. tie have no objection in the lease of the property as described in your letter of September 25, 1930. however, we recommend you complete a sub- .- 1 division plan for that area along the Kenai Spur Road In order to develop the property in an orderly fashion, and submit it for our review. Also, specific building requirements should be included in the lease; i.e., (a) single story structure not to exceed 14 feet, (b) extra soundproofing, (c) those certain restrictions -as found in Vu% Order 5190.6, Chapter 6, Paragraph 116 c(3)(a)(b), and (d) any others deemed necessary to protect Lite city of Kenai because of tite property location. Prior to finalization of the lea:e we request ti►e pro- posed, lease be stannitted, inziuding re::tricti.,ina. for our review and concurrence. Its :td,tiitlon, Cite City will be required to ttpdato Cite airrort l:t out plan ref lecrin!,* tills .lid ally usher than ;ems t►� •:ate• - - - -- - ------------- ------------ - APPLICATION FOR PERMIT FOR AUTHORIZED GAMES OF CHANCE AND SKILL CALENDAR YEAR 19.0 RETURN TO: PERMIT FEES: Dept. of Revenue - Audit 120.Q due with application . Games of Chance & Skill lE of entire net proceeds due with annual Pouch SA financial statement Juneau, A as 99811 X FIRST APPLICATION PERMIT RECEIVED PREVIOUSLY APPLICATION MUST BE COMPLETED IN ACCORDANCE WITH 15 AAC 05.460 / ORGANIZATION: Names Kenai Emblem Club #455 ` Addresss Box 2914 Kenai, Ak. 99611 QUALIFICATIONS FOR A PERMIT: A. Type of organization (Check one) (1),gCivic or Service (6) Veterans (2) Religious (7)� Police or Fire Company (3) Charitable. (8) Dog Mushers (4) Fraternal (9) Fishing Derby (5) Educational (10) • Political (11) Labor B. State how long organization has been in existence 10 years C. Recognized as a non-profit organization under the Federal Income Tax Laws. X Yes No Include a copy of IRS Certificate if not previously submitted. D. Affiliation with National Organization: Name of National: Supreme - Emblem Club of U.S. of America Headquarters Addreft: Woodlane Dr, Bow 161 Nelsonville. --h. 45764 E. Organized as a Corporation; % Association; Partnership; Firm; Company. Include a copy of original Charter, By -Laws and a current list of 25 local members, if not previously submitted. ***ALL ANSWERS MUST BE PRINTED IN INK OR TYPEWRITTEN*** 04-643 (8/78) (over) f- c ,� 13 4 1 i I TYPE OF GAMES TO BE CONDLICTED: (1) Bingo (3) Ice Classics (6) Fish Derbies (2)___X ✓Raffles S Lotteries (4) Rain Classics (7) Contests of Skill (5). Dog Mushers Contest List types of games by common name if other than those listed above. See Sec. 05.15.180; 15 AAC 05.410 and 15 AAC 05.450. ' I OFFICERS: Name Title Home Phone i a .in H Fc ec VXaa AaAt :t �y°3-i3z� 2 G r 1PP» {»n „EiM--AMCi SaaZatnNy - 1pT173v- 3 ai nri n [�Ti nran7r�sor a�+�Qr n o�4y29..�.�... 4 Rprnino Rvto-Co=espoadiag Secvetavy 283 3986 5. TnO� nant rt,a;,..,.s.,, _ '�iili8* oo 776 885i PERSO.IS Loi CHARGE OF GAMES (Must be a member of permittee organization): Name Title Home Phone i Sandra Morris Marshal 776-97ng 'K 2 Mavis R. Estes President 783-7773 DATES AND HOURS OF GAMES: = Bingo games must not be held more than 9 times a month with 35 games per ses:;ion. Date Hour Date Hour Mnin w--ptilg I Vk .*^..--10:30 —SALsa of rnffla tickets Jan, t.-Aug: DEDICATION OF NET PROCEEDS: A. Estimated gross receipts (yearly) $ 1800 B. State the specific purposes for which the entire net roceeds are to be devoted and in what manner.ear scho�,arships to graeuting High School student. Rasketa at r CERTIFICATION: We certify that all the officers and all the persons in charge of games are of good moral character and have never been convicted of a felony. We certify, under the penalties of perjury, that all of the statements contained herein are true and correct to the best of our knowledge and belief. S'GNATL�E OF WO OFFICERS REQUIRED CITY COUNCIL APPROVAL ly.acL.rC�J.aJ�tii7$�, J I s _ t F, u December il, 1980 CITY OF KENAI lod Oap4W 4 4" I. O. AOX 6/0 K:NAI, AIASXA 99411 TRIPHON1 46f • 761E Mr. Robert L. Roper P. O. Box 48 Kenai, Alaska 99611 Dear Mr. Roper, At the direction of Mayor O'Reilly, I am sending you a copy of the motion that was adopted by the Kenai City Council in reference to your most recent offer to the City of Kenai in connection with your leased City lands. Sincerely, Jm. J. ghton City Manager Enclosure h cc: Mayor O'Reilly and the Kenai City Council WJB:kh I a 1 t i KENAI CITY COUNCIL t Partial Translation Dec. 3, 1980 (� MOTION. - Councilwoman Glick moved, seconded by Councilman Malston, to acknowledge receipt of the offer by Mr. Roper in regard to purchase of leases SGC and proposed small boat harbor submitted this date. MOTION,Corrected: Councilwoman Glick moved, seconded by Councilman ! Measles, to acknowledge the receipt of Mr. Roper's offer to sell his lease and assign the Corps. of Engineers' permits to the City of Kenai as sub- mitted this date, Dec. 3, 1980. Motion passed unanimously by roll call vote. 4 Mayor O'Reilly directed the City Manager to send a letter to Mr. Roper quoting the motion, with copies to Council. � ✓ Janet Whelan , City Clerk q / 1 i, IV 17 i/NPAItTMENT Ili' REVENITi: AlCOpO!!C BfWMI CONfNOI 800 i December 1, 1980 !AY I AWMDND, 60VERNOA 201 E 9TH AVE ANCHORAGE. AK,99501 Cr�v �19� — - Ms. Janet Whelan City .Clerk City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Dear Ms. Whelan: Listed below is the action of the Alcoholic Beverage Control Board at its meeting of November 25, 1980, in Anchorage, concerning liquor license applications in the City of Kenai. Approved transfer of Package store.license for; -✓ Oaken Keg #.58; Carrs Quality Centers, Inc., Pres. L. J. Carr, Vice Pres. J. P. Wiley, Sec/Tress. W. T. Hovey, and Joseph P. Wiley, a partnership; Spur Road, 1 block SE of Post Office, Kenai; 14ail 1341 Fairbanks Street, Anchorage; transfer from Carrs Quality Centers, Inc., officers as above. E. Approved extension of premises for: Larry's Club; G. C. & Jo Jarvis; Mile 1 north Kenai Road; Mail Box 8312, Kenai; beverage dispensary license. _ Sincerely, / ,s Patrick L. Sharrock Director (907) 277-8638 _ � I 17 ' 1 � - — t _ j -_z•�z-�. r' tai�i�t�a.c �..,--.__ -_. —v. _. -_�- -.._-.�-_.__.c�t�.� - ..-.u.�v.a•�Y.L�rei..•�•��.-._ ��1 _. .... Xzlwi community Agm-ty •� A PUBLIC LIBRARY IN SERVICE SINCE 1949 BOX 157 �J KENAI. ALASKA 99611 REPORT FOR THE MONTH OF NOVEMBER, 1980 Circulation Adult Juvenile Easy Books Fiction 1165 212 712 Non-fiction 1360 91 147 Total Book Circulation 3687 Films, Phonodiscs Pamphlets, Periodicals 372 Total Circulation 4059 Additions Adult Juvenile Easy Phonodiscs Total Gifts 79 13 29 1 121 Purchases 84 14 8 106 I Total Additions 228 ' Remedial and Re -worked Books Adult Juvenile Easy Books Phonddiscs 33 8 20 5 - Total Re -works 66 Interlibrary Loans Ordered Received Returned Books 36 14 11 Phonodiscs/AV 29 19 18 Interlibrary Loans by our Library 51 Volunteers Number 25 Total Hours 360 /fa Income - r fit, .- Fines and Sale Books $349.40 Lost or Damaged Books 39.45 Xerox 112.45 Total Income for November $501.60 • a • • t'i 1 l - ' I � 4 I '__ _r'--�.. .—_.... .---..T.,. u ._.. - +. r--_--�-...�wL.�LY.r..�.._ ____ a�...v.�,,. r✓ a--.i'. ... � <v / !t /Q Cards Issued for the Month of November - 1980 i Kenai 59 I:° i I North Kenai 30 Soldotna 23 Kasilof 2 Sterling 7 - Cooper Landing 1 f' Total Cards Issued 122 �✓ 3 n I� t • a. V' t t f 0 rIN 1 . . : -. � ...r' _..,r - _a • ras.._.n-'r r✓r � , rivrl �.7a'�'-D�. r.'.- • r f-A KENAI HARBOR COMMISSION , P.O. BOX 580 i Kenai, Alaska 99611 { � r AGENDA - SPECIAL MEETING MARCH 13, 1980 SPECIAL HARBOR COMMISSION MEETING: March 13, 1980 - 7:00 p.m. at the Public Safety Building, Kenai. HARBOR•COMMISSION MEMBERS: Mr. Robert Peterkin, Chairman Mr. John Williams, Vice -Chairman ;- Mr. Tom Ackerly Mr. William Burnett Mr. Tom Wagoner EX-OFFICIO MEMBERS: Mrs. Betty Glick, Councilwoman - Mr. Vince O'Reilly, Mayor A-G-E-N-D-A 1. Call to Order ' 2. Roll Call 3. Introduction of Guests (a) Captain Wayne Reynolds and Phil Erna 4. Communications (a) Letter from Marvin L. Dragseth, President, Royal Pacific Fisheries (b) Letter to Captain Wayne Reynolds from Mayor O'Reilly r� -;1 (c) Memo from Mayor O'Reilly to Chairman Peterkin on Sen. Tillion S. Persons present not scheduled to be heard. :6. Adjourn i 1' a i t r, i a SPECIAL KENAI HARBOR COMMISSION MEETING PUBLIC SAFETY BUILDING KENAI, ALASKA March 13, 1980 HARBOR COMMISSION MEMBERS: EX-OFFICIO MEMBERS: Mr. Robert Peterkin, Chairman Mr. John Williams, Vice -Chairman Mr. Tom Ackerly Mr. William Burnett Mr. Tom Wagoner Mr. Ron Isaacs, Pro tem Mrs. Betty Glick, Councilwoman Mr. Vince O'Reilly, Mayor 1. CALL TO ORDER Commissioner Peterkin called the meeting to order at 7:10 p.m. 2. ROLL CALL Commissioner Peterkin, Commissioner Ackerly, Commissioner Wagoner, Commissioner Isaacs (Pro tem). Commissioner Williams joined the meeting at 8:45 p.m. Commissioner Burnett was absent. 3. INTRODUCTION OF GUESTS Chairman Peterkin introduced Captain Wayne Reynolds of the Corps of Engineers. �- This is a public hearing with the processors and people who own boats. The City of Kenai has entered into a 107 study_ with the Corps. This is a type of windshield study to find out if it's feasible to build a small boat harbor in the mouth of the Kenai River. The basic idea is should there be a harbor and What should it do to benefit, would it be feasible for you and what locations are preferred. The Captain has brought some maps, with tentative locations and also some literature we would like to go through. Chairman Peterkin turned the meeting over to Captain Reynolds. Captain Reynolds introduced Phil Brna from the Environmental Section of the Corps, Captain Reynolds is from the Report Section. Colonel Nunn sends his regards. He then gave some background on what a 107 study is. Its under our Continuing Authorities Program. In order to get a project constructed under a Corps Authority you can get it through a Congressional Act or a Continuing Authority Program whereby we have a certain amount of money set aside every year to do studies. The 107 is a 2 million dollar study, which would mean the federal -portion of the construction would be 2 million dollars. This would cover the construction of breakwaters, entrance channels and turning basins. In a 107 study there are three stages. We are in the reconnaisance stage now, which means very little money and little time to develop information. The object is to find out whether or not there is economic feasibility in order to continue with the study. The second part of the study is the Detailed Project Report. In that phase detailed engineering and analysis would take place. The key is benefit cost ratio. The benefits that accrue from the project must be equal to or greater than the cost of the cost of the project over the lifetime of the structure. If we find that the benefit cost ratio is less than one, we may not go into the second phase of the study. We would conclude at that time there is a lack of economic justificattbil, therefore the Corps of Engineers would not participate. -1- ..{ SPECIAL HARBOR C0144ISSION MEETING of March 13, 1980 The detailed project report is the same thing but more detailed. We end up with a design and then into construction. Reconnaissance is not detailed engineering or analysis. He then referred to the list the Harbor Commission had sent him of what was most important for this area. He would like to find out if the list was satisfactory in importance and where is a feasible location, and will any of the alternatives answer our needs. The alternatives were developed in his office with Phil Brna and a hydraulics engineer. w The first alternative is "R". It is close to the mouth of the River and they believed that it was City property. A creek could flush the harbor. ;.? The primary area considered was Tract 0, or ABCOE. It is on the outside of the - curve. The channel, according to hydraulics is also on the outside of the curve. It was also City property. The third alternative is KLMNO. It was believed to be City property, it was close to the mouth of the River and was on the outside of the curve. The fourth was FGH1. It looked like a good place from the air. Also, they looked at Salamatof Creek area, but the creek is no longer there. Kalifonsky Beach was another alternative. They thought about something outside the River, rather than in the River. Another consideration was Kasilof. Concepts that were considered were a dredged basin; or a perched harbor (which �- would be concrete, a basin built as opposed to dredged). A dry harbor is not in the Corps of Engineers authority to construct. One alternative is a fill area for dry storage, ramps for boats; also, considered mooring in the River, or finding a place to put temporary floats or permanent floats that would be out of the channel, or mixing those. What we have to do is come up with one or two designs that we can say how much it would cost to build it. He hoped to get an idea what kind of harbor we should have in the report and put a cost to It. Chairman Peterkin gave some background on the City of Kenai and the financial aspect of the harbor. We are dealing with the Corps of Engineers on the 107 study. We have asked our legislators for a $500,000 grant to do the engineering and hydraulics study. This report and a report being done by Wince Corthell along with all the infornation we get from this meeting, and information from the Borough will be taken down to our legislators in Juneau. For this season a,. we asked for the $500,000. This summer and next winter the engineering and hydraulics studies will be done. At that point there is an additional 4 million ' dollars being asked from the legislature, plus 2 million dollars from the Corps of Engineers to start the boat harbor possibly in the suer of 1981. Captain Reynolds stated the other important aspect of the benefit cost ratio, is benefits. In 1976 the Corps of Engineers did a feasibility study and it was found not economically feasible because the cost was greater than the { benefits. We need as many benefits as possible, we don't want to miss any. - The costs will be obvious, the benefits will be more illusive. We must send -- a report to our superiors in Portland, Oregon, the North Pacific Division, and they will agree or disagree. We need backup information. I -2- f _ B° a /v I SPECIAL HARBOR COMMISSION MEETING of March 13, 1980 Phil Brna asked Captain Reynolds to explain what he meant by benefits. Captain Wayne Reynolds explained that benefits are things like damage that occurs now, that a small boat harbor would prevent. If we can relate the quality of fish to delay time in the mouth of the River we can count that as a benefit. The complete loss of your fish because of delay time would be a benefit. When barges can't get into the mouth of the River, the number of times that happens and the time and its worth would be a benefit. When we finish with this reconnaissance study, it should not say that no development is feasible, only that it is not feasible to the Corps of Engineers. Chairman Peterkin stated that we have the personal property tax rolls from the Borough to April 1978. We have identified 826 boats in Sterling, Kenai, Soldotna, and North Kenai. We don't have a dollar and cent figure or break- down with commercial fishing boats or recreational boats. Would like some fix on how many boats are used in the mouth of the River. On the processor's side of benefits, would it be possible to go into another species line than salmon, such as halibut, herring, shrimp,etc.? This could be a benefit. Mr. Norm Mapes, fisherman stated that the number one concern is human life. That river is dangerous. His next concern is his boat. With 5 - 7 boats tied to a buoy, when it's rough they are smashing together. As far as being economical for Kenai,'he will run 6 hours further to go to Homer to avoid Kenai River. I don't know how many people we have lost, but it is dangerous. Captain Reynolds pointed out that on the priority list for the small boat harbor the Harbor Commission did not put environmental on the top of the list. The Corps of Engineers did. They are only one agency, and when they do some- thing, many agencies get involved. Mr. Mapes commented that they care more about ducks than his kids, Captain Reynolds stated that maintenance was not on the Harbor Commission's list. It must be maintained and we will have to live with that cost. Chairman Peterkin questioned Mr. Mapes as to the location that he preferred. Mr. Mapes thought that KLMNO because it didn't seem like it would take that much work or money. Chairman Peterkin asked him if he could relate specifically to a small boat harbor. Would he get more money for his fish? Mr. Mapes replied that he would save fuel on the 6 - 8 hours it takes him to go to Homer. If fishing halibut, you go to Hamer, spend time driving back and forth. He would save 200 miles round trip, twice a week. Chairman Peterkin asked if the fish is 10 - 12 hours old, what does it do to the fish in specific dollars and cents. -3- n � r. n �i SPECIAL HARBOR COMMISSION MEETING of March 13, 1980 Mr. Mapes stated that there is a possibility that he could get more money for his fish. So far, the fisherman have had a base price. He hasn't had any fish spoil, but they've been in pretty rough shape sometimes. Commissioner Wagoner stated that the number one priority is life saving needs. Does the Corps have any way to relate that to a cost benefit ratio? Captain Reynolds replied that if a fisherman is lost , we can relate to how much money he makes every year. He apologized for how terrible it sounded, but the Corps is limited in that way. He was sure that it will be considered. Commissioner Wagoner read a report of a telephone conversation between John Sullivan of the Coast Guard and the administrative assistant. The Coast Guard has had trouble getting cooperation with the people in this area and had no statistics on casualties in the mouth of the Kenai. Commissioner Wagoner stated that he knew of two drownings in the last two years directly related to commercial fishing. Chairman Peterkin requested that Marvin Dragseth, President of Royal Pacific Fisheries, Inc., explain what happens to the fish once it goes out of the water. Mr. Dragseth explained that it's -downhill in quality. Even in brine and brine chilled boats, the small boats can't use that. Chairman Peterkin asked why doesn't the price flucuate to the fisherman? Mr. Dragseth replied that in the past fish were processed in the can. Now, a buyer can go into any freezer in the country and tell how long that fish has been out of the water before it was frozen. Up to this time there has been no grading in the Cook Inlet area. In 1981 there will be different prices for fish; good fish, bad fish and no fish. Chairman Peterkin asked him to speculate the price between good fish and bad fish? Mr. Dragseth replied -15t to .20t per pound. Chairman Peterkin asked him to estimate time of fish caught to the dock. Mr. Dragseth said by the time they are unloaded 24 - 28 hours. In 1978 it was 30 - 36 hours. Captain Reynolds stated that he believed that there was a klutz in the mouth of the River and everybody can't get offloaded. If the klutz is gone can the cannery take fish any faster? Mr. Dragseth replied that the biggest problem is there are 3 - 4 docks and there are 11 processors. Captain Reynolds stated that Northern Pacific Division will ask me if your -4- j tiY t I _ - I SPECIAL HARBOR COMMISSION MEETING of March 13, 1980 i going to get .10t more per pound, can the canneries handle them any faster. Mr. Dragseth replied that he unloaded in Kasilof. About six of them do. Chairman Peterkin stated that Mr. Dragseth's processing plant is on Kalifon- sky Beach Road. Mr. Dragseth commented that there was only one dock that you can unload at low tide, that is Salamatof. He also stated that there must be a fuel facility in this River. He thought that ABCDE would be the best place for a small boat harbor. There is a creek running dowry to flush that harbor, it is above all the heavy freight traffic, there is lots of room and it is City owned land. Mr. Dan Clausen had an objection to location KLMNO. One big factor is ice, there is a heavy flow there. There is considerable debris that could injure vessels and docks. There is considerable wind generated wave action. With the current it would be difficult to dock. The Port of Kenai is above this and there will be a considerable amount of barge traffic. This year Northern Service, Inc. has scheduled 5 barges, you are talking about a big unit. A dock there will be in the way of these barges and there will be congestion of vessels. ABCDE area is out of the way of everybody. The curve would provide a flushing out. Phil Orna stated that there may be some concern about the snow geese. Fish & Wildlife, Fish & Game and EPA have approval of any project. Mr. Clausen pointed out that the geese will move to another spot, they won't fall down and die. Mr. Brna said that they are there for a reason. Mr. Clausen said they said the same thing when they were going to put the high- way in. Captain Reynolds said the environmental approval or disapproval would be there„ and should be addressed. Mr. Brna commented that there may be indirect effects that we can't see. Chairman Peterkin remarked that Tract D runs approximately 16 - 18 feet up River past two existing, recently received Engineer's permits. The City has also selected this as our #1 choice. We know that we are crowding the environ- mental factor, but we didn't figure that 16 - 18 feet would be that critical. Mr. Brna stated that they looked at all alternatives and ranked them. That came out last because of the geese. That is not saying that it would have a significance. Captain Reynolds commented that if everything else comes out fine, but the environmental aspect is questionable, the permit may not be'authorized. The Importance of the environmental aspect is impressed upon us. If you can pick another place you have a better chance. 1 a U hil +rt f b SPECIAL HARBOR COMMISSION MEETING of March 13, 1980 There was further discussion on the geese situation. Several people stated that they had never seen Snow Geese in that area, only Canadians. Mr. Dragseth stated that they are only in the river area for three weeks, and 99% of the fishing is done after the first of May. Mr. Bob Barton, Manager for Dragnet Fisheries spoke. He mentioned that in applying for fuel applications the priorities this year have changed from food production (Dept. of Agriculture) to mass transit. We go for fuel aliocations and they are talking about saving fuel. You are talking about thousands of gallons of fuel with these big boats and tenders. You have more traffic up River rather than if they unload at a central point. Mr. Dragseth uses about 50 gallons for a round trip to Kasilof where he is unloading now because he can't unload in Kenai. Captain Reynolds asked how often. Mr. Dragseth said 20 trips for 3 tenders per season or 60 trips per year. Mr. Barton estimated 40 - 50 boats to Homer instead of Kenai. 40 - 50 boats that are fishing the Upper Cook Inlet would go to Homer rather than go into the mouth of the Kenai because of the congestion. Mrs. Ruby Coyle added that you are talking about salmon. Some fish halibut, which is a longer season. Chairman Peterkin asked Mr. Mapes how many work halibut season. Mr. Mapes replied 20 - 30, maybe 40 boats fishing out of Kenai, there are more every year. Captain Reynolds asked how much of that trip from Kenai to Homer is excess? Chairman Peterkin said 60 gallons per round trip, about 20 round trips with salmon, 40 - 50 boats doing that. Mr. Mapes stated 30 - 40 boats out of Kenai fishing halibut. 15 days in May, supposedly 15 in June. 30 days that the boats would be fishing. Chairman Peterkin stated that out of that 30 day period 10 trips to Honer for those 30 boats. About 3 days average to Homer and back. Captain Reynolds suggested that we get this written down, and encourage anyone to make a written statement. Mr. Tommy Thompson asked how many years before this could become a reality. Chairman Peterkin stated that if everything fell into place, the summer of 1981. Mr. Thompson thought that ABCDE area would be the logical location. He sunk his boat in the Kenai River 2 years ago. Cost him $10,000 to $12,000. It wouldn't have happened if there had been a small boat harbor, because he'd have been in his slip. -6- 0 ! SPECIAL HARBOR COMMISSION MEETING of March 13, 1980 Mr. Thompson said we are driving to Homer when we could be here. We always have to work on the boats and spend a lot of time driving back and forth. Kasilof, Ninilchik, Seward and Homer - we have as many boats as those places. Chairman Peterkin asked Mr. Thompson if he would be willing to write in and estimate, date and damage to boat for the Corps of Engineers. Concentrate on dollar and cents figures. Captain Reynolds commented that in the Corps 1976 report we attributed a number for damage per boat. He would be glad to have a number like that. He needs historical record or recollection on the values of those boats. He commented that the money used to build the harbor comes from the taxpayers in the entire country. Chairman Peterkin noted that the Corps of Engineers was not coming up with all the money, only for turning areas, breakwaters, and entrance channels. We are appealing to the legislature for 4 million dollars to design the boat harbor. The Corps of Engineers would come in with 2 million and the State of Alaska 4 million and possibly more from Coastal Energy on the recreational side. We are going for $500,000 grant money for design. We are looking at 4 - 6 million dollars. The economist at the Corps of Engineers put a rough figure of $600,000 to $700,000 worth of cost benefits savings to the people r-- that use that boat harbor. We have to prove that there is $600,000 to $700,000 worth of need over a 20 year period. Mr. Phil Ames spoke and stated that the benefits would accrue to all people. In 1977 the Coast Guard hired him to run up and down the river from tidewater to Skilak Lake. As early as 1977 theycounted as many as 600 recreational boats on one Saturday downstream from Moose River. Upstream from Moose River another 400 boats. That's 1000 boats total. Since the commercial fisherman was pretty well represented tonight he would stick with sport fishing. Most are launched from one of three sites in the Soldotna area. One above the Soldotna bridge and the other two below. All are in areas where its not too safe. They launch a longways from where he intends to go fishing. With a small boat basin and facility you would immediately get about 200 small sport } fishing boats that would run up river to fish. There are local people but you would probably find 500 campers and trailers that represent people from the lower 48 states. He thought alternative "R" was a bad choice. It is totally unprotected. '1 Captain Reynolds stated that they had considered breakwater for this area. Mr. Ames stated that at one time the Coast Guard hired him and they did a study 1 on the depth of the river. West of the K in the word Kenai (on map Captain ( Reynolds had; was the deepest point in the entire river; 35 feet deep. Commissioner Williams arrived at 8:45 p.m. Mr. Phil Ames drew the channel of the river on the map for Captain Reynolds. i -7- r :- - - _ ..a-..<+r'- _:-ram '�'_'� ^_T�.`l.`._' ' f �✓.-. - __ SPECIAL HARBOR COMMISSION MEETING of March 13, 1980 Mr. Dan Clausen explained that he had spend 33 years at sea, about 15 years of that time on tugboats and had last been employed as tug captain. He felt there was a need to elimate from the river the 400 - 450 boats that anchor along the river during the salmon season . Those boats are an obstacle for tug captains. The effort of bringing a 300 foot barge into the river is very difficult, it is difficult to control, and is very discouraging. North- land Services, Inc. plans on bringing 5 barges into this river this year. Somehow the river has to be reasonable cleared for commercial traffic. Captain Reynolds stated to put numbers on that. It is very valid. Mr. Clausen stated that Mr. Wilt Hancock has the schedule on proposed barge traffic coming into the river. Mr. Clausen had a boat tip off of a trailer and had to hire a crane. Chairman Peterkin said we could use any dollar and cents figures on launching boats in and out of the river for cost benefit ratio. At 9:00 p.m. Chairman Peterkin called a recess. At 9:15 p.m. Chairman Peterkin called the meeting back to order. Phil Brna commented that no one stated that we couldn't build ABCDE, only the environmental impact is greatest there. Mrs. Ruby Coyle, part boat owner, stated that further down river from ABCDE the cost of keeping up the entrance would be small. She believed that the Corps of Engineers selected this site as second priotity In the 501s. It Is hbrd for her to rationalize that Bob Roper got a permit from the Corps of Engineers in the past few years on Tracts 8 & C. He couldn't see the priorities of the birds. Commissioner Williams noted that every report or study even those "warranting special interest" shows ABCDE as a site of development; it's already shown as a boat harbor. Mr. Waldo Coyle, fisherman, has spent 32 years on the Kenai River and remarked that anyplace the Corps of Engineers saw fit to put a boat harbor, he would go along with it. He would not argue with any of these sttes, he would use any of them. Last year I tipped my boat over, it would never have happened if there had been a small boat harbor. He runs from the cannery, after delivering his fish up river; it takes an extra hour everytime he goes fishing because there is no harbor. He has a mooring and a permit to moor from the Corps of Engineers. Chairman Peterkin asked Mr. Coyle how big was his boat and what is the appraised value. Mr. Coyle replied 36 foot, and is appraised at $40,000. Commissioner Wagoner stated that his is appraised at $138,000 with a replacement value of $150,000. He has a 37 foot boat. -8- i iIk SPECIAL HARBOR COMMISSION MEETING of March 13, 1980 Mr. Bob Barton of Dragnet Fisheries stated that the fisherman always got one price. The packer had to eat the difference; about 50% caused by the condition of the fish. Captain Reynolds asked 50% is the result of that delay? Mr. Barton stated that in a slugged market the buyers will buy number 1. In canned salmon the buyer's can't tell, in frozen they can. A matter of number 1 versus number 3 fish. There is new attention, the packers are being graded hard. Number 2's last year may be number 3's this year. There is a much more demanding market. Commissioner Wagoner asked when does belly burn start on the fish. Belly burn is acid going through the belly of the fish. Could be cost benifit ratio. Mr. Barton said it would depend on the temperature of the fish. Captain Reynolds wanted to find out what will answer our needs. Specifically, whether or not a dry harbor concept can or cannot fill the bill. Perhaps a combination do the job? Can mooring in the river? Mr. Dragseth said that at 3:00 in the morning it's hard with that many fisherman and boats in and out, twice a week. Sometimes, there is a 12 hour announcement, we usually know not later than 10 p.m. Captain Reynolds suggested some boats in the river and some on dry land;could use tannorarr floats. Mr. Dragseth said there aren't enough cranes in the Kenai area to use cranes. Captain Reynolds questioned a full tide harbor or a half tide harbor? Does everybody at low tide leave at the same time? Mr. Dragseth replied in 1-1/2 hours, 500 boats. Captain Reynolds questioned if you can't get out now, a full tide harbor will not get you out any faster. Why have a full time time operating harbor when you are not operating 24 hours? Mr. Clausen pointed out that with a dry harbor a fire could wipe the entire fleet out and there would be no way to move the boats out of the river. A dry harbor is hopeless. Captain Reynolds stated that the Corps of Engineers is not authorized to build a dry harbor. Chairman Peterkin commented that Mr. Don Statter, Division of Harbor Design & Public Facilities for the State of Alaska feels that we should have a dry harbor. That is why the Harbor Commission instructed the Corps of Engineers to build a dry harbor. �. -9- 1 SPECIAL HARBOR COMMISSION 14EETING of March 13, 1980 Mr. Clausen asked Mr. Oberts what will happen to his insurance with a dry harbor versus a wet harbor. Mr. Oberts, of Oberts Insurance Company, stated that with catastrophe danger the insurance would be considerable higher. Captain Reynolds stated that in a full tide harbor the depth of the channel basin is the depth of the channel in the river. That is a maintenance night- mare because of the sedimentation. Commissioner Wagoner explained a system of locks that would reduce the amount of ;edimentatfon.' There was further discussion on this. On the full tide versus half tide harbor Mr. Coyle commented that the fisher- man might only have 6 hours notice. Fish and Game dosen't annonce by tides. Chairman Peterkin noted that if you can't get from the River to the Inlet, you miss the fishing. Captain Reynolds stated that the Foundations and Materials Section did some studies to measure how fast holes would fill in and found out the sedimentation rate was very high. Mr. Dragseth commented that a creek would flush the harbor. There is a creek by ABCDE. Commissioner Williams suggested building our own creek. Chairman Peterkin suggested diverting the flow of water from Beaver Creek or another place; or constructing a gate that would be closed during the months that the harbor is not in use. Captain Reynolds stated that the 1976 report came out negative because of the maintenance costs of the harbor. This phase of the study is general. The maintenance costs must be bumped up against the benefits. There was some discussion on the possible uses of the silt. Commissioner Williams requested that the processor's and fisherman document In writing any cost benefit savings and send to the City of Kenai. Chairman Peterkin added that the guiding services last year took out well over 1,000 people in sport fishing on the Kenai River. He then read the "Random Sample Telephone Survey of Central Peninsula Permit Holders" done by Derry & Associates. Captain Reynolds asked for a solid count of tenders in the River. Mr. Dragseth stated 18 - 20 tenders. -10- -1 SPECIAL HARBOR COMMISSION MEETING of March ' 13, 1980 _ _ "O .r�'.� ..�-„e�3I•:. �z.v--4i — .-,=�-�.rx.+.wrsc,...�.�... _--+r-•=.v - .., �r.�"�rll Chairman Peterkin asked for any final statements from the audience. Mrs. Ruby Coyle remarked that there is no place for anyone to come out and tie their boat. There is no public dock, only private docks. Captain Reynolds concluded that the location that the people in this area want is ABCDE. Above Cherrier & King dock you are out of the way of barges. The fisherman and processor's do not want it in the Inlet because it is not convenient, and there is more.storm activity. You want the boats out of the River because the removal of congestion is one of the major benefits. The fish could get to the processor faster. Safety is a major concern. You want a full tide harbor so you have the ability to get into the inlet from the River. Mr. Clausen commented that Homer would be nothing without its harbor. A small boat harbor would draw more business to Kenai. Chairman Peterkin asked Mr. Oberts if he recalled any comparison with this meeting and a hearing held in 1971 with Mr. Gravel. Mr. Oberts felt that Captain Reynolds should be complimented. It is the best meeting that he has ever attended. Captain Reynolds thanked the Harbor Commission and the fishermen and processor's for their help. The meeting adjourned at 11:15 p.m. Respectfully submitted, Kim Howard Administrative Assistant -11- n KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING NOVEMBER 18, 1980; 7:30 P.M. DECO 510 BOROUGH ADMINISTRATION BUILDING 149 No. Binkloy Street Soldotna, Alaska A G E N D A Page No. A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE C. SEATING OF NEW ASSUIBLYMEMBERS (a) Assembly.Organization 1. Drawing Terms 1 2. Election of Officers- 1 D. APPROVAL OF MINUTES: October 14 and November 4, 1980 1 Approved E. AGENDA APPROVAL I Amended F. PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA FOR THE MEETING- 2 G. ORDINANCE HEARINGS OR OTHER PUBLIC HEARINGS (none) H. CONSIDERATION OF RESOLUTIONS (a) Res. 80-7 2 Withdrawn (b) Res. 80-136 "Providing for the Establishment and implementation of a Merit Pay Increase Plan" 2 Sent to Comte. (c) Res. 80-137 3 Withdrawn; see 12-2-80 (d) Res. 80-138 "Renewing the Lease of Certain Borough Serected Lands in Township 6 North, Range 12 West, S.M. to Chevron U.S.A., Inc." 3 Adopted (e) Res. 80-139 "Approving Schematic Plans for the Ninilchik School Addition Capital Improvement Project" 3 Adopted (f) Res. 80-140 "Approving Design Development Plans for the Molaevsk School Addition Capital Imprdvement Project" 4 Adopted 1. PENDING LEGISLATION (none) J. INTRODUCTION OF ORDINANCES 7 > (a) Ord. 80-S6 "Rezoning Government Lot 91, City of lenaf, From Rural Residential District (RR) to Suburban Residential District (RS)II Memo 81-27 4 Set for Hearing (b) Ord. 80-57 "Rezoning Government Lot 97, City of 15`n—aT—,-rr—om Rural Residential District (RR) to Suburban Residential District (RS)II Ifemo, 81-28 4 Set for Hearing (c) Ord. 90-61 4 Withdrawn; see 12-2-80 I l-. .._— .. ._ ..— ..... -, w._ M�v..s-n.-:z-•-']crl=..la•��c�.: -. 'r�..u:�< __ _ _ -- _ _ !Y_sli (d) Ord. 80-62 4 Withdrawn; goo 1 12-2-80 K. FORMAL PRESEPJTATIONS WITH PRIOR NOTICE I11/0M MATTL:IZS NOT ON MEETING AGENDA .0 (a) Price-Waterhouse'Audit Report FY 1979-80 4 - L. COMt4ITTEE REPORTS M. MAYOR'S REPORT .I r� (a) Financial Report for October, 1980 S Acknowledged P (b) Appointment of Carl liilie to Development Council S N. OTHER BUSINESS ' (a) Tax Adjustment Requests S Approved ,i 0. ASSEMBLY AND MAYOR'S WDIENTS (a Mr. Crapuchettes; p.s. system, seating, 10 Com. 6 (b Mr. Lounsbury; special waste site 6 (c Mr. Anderson; Ninilchik school priorities 6- (d Mr. Davis; bad debt rate at Cent. Pen. hospital 6 ' (e) Mr. Sikorski; motion to remove Res. 80-136 from Table and send to committee 6 Approved . (f) Mr. Harvey; Res. 80-136 6 O Mr. Schaefermeyer; Res 80-136 initiate invocation 6 6 Approved i - -, (h) Hr. Lounsbury; motion to (i) Pres. Fischer; appreciation for position 7 (jj) Mayor Thompson; future issues, tax exemptions Anderson; items not on agenda 7 OC) Mr. consideration of .' P. PUBLIC COMMENTS ,• - - j • - , J a) Mr. ticGahan; Res. 80-136 �b) Mr. Calvert; Res. 80-136 `-� • � i -- Q. INFORMATIONAL MATERIALS AND REPORTS R. NOTICE OF N9XT MEETING AND ADJOURICIFavT • r• f �o KENAI P)ININSULA BOROUGH "r MINUTES OF THE REGULAR ASSEMBLY MEETING NOVEMBI?R 19, 1980; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER AND ROLL CALL Vice Pros. Paul Fischer called the regular meeting to order at approxi- mately 7:30 p.m. PRESENT: Assomblymembers Brandon, Crapuchettes, Davis, Dimmick, Fischer,, ° Glanville, Harvey, King, Lounsbury, McBride, McCloud, Sehaefermeyer, Sikorski, Wade, Anderson; Mayor Thompson, Finance Director Barton, Public Yorks Director 11akert, Assessor Thomas, Admn. Asst. Baxley, Borough Clerk Brymer, Dpty. Brindley ABSENT 8 EXCUSED: Assomblymember McGahan B. PLEDGE OF ALLEGIANCE C. SEATING OF NEW ASSEMBLYMEMBERS (a) Assembly Organization 1. Drawing of Terms The clerks offered to each assemblymember containers according to district • with the apppropriate numberp inside. The clerk then called the roll, the assemblymembers read the numbers drawn and the results were as follows: Jerry Anderson 1 year term r Stewart Brandon 2 year term Charles Crapuchettes 3•year term John Davis 2 year term ?Marilyn Dimmick 2 year term Paul Fischer 3 year term Carl Glanville 2 year term Tom Harvey 1 year term Onis King 3 year term John Lounsbury l year term Gene McBride 3 year term • Don McCloud 3 year term Karen McGahan 3 year term Darryl Schaefermeyer 2 year term Merrill Sikorski l year terra Jesse Wade 1 year term 2. Election of Officers Following a short recess, nominations were declared open and the names of John Davis and Paul Fischer were nominated. Nominations were closed and Paul Fischer wag elected by a vote of 8 to 7. Nominations were open for Vice President and the names of John Davis, 1-tarilyn•Dimmick and Merrill Sikorski were nominated. John Davis was elected by a vote of 11 to 3 and 1 respectively. Appointment of Parliamentarian was postponed to another time. D. APPROVAL OF xINUTES OF PREVIOUS MEETINGS The minutes of the October 14 and November 4 regular meetings were approved without objection. E. AGENDA APPROVAL �j Mr. Davis asked that Res. 80-1, Res. 80-137; Ord. 80-61 and Ord. 80-62 - 1 - II' e i •' I -F� KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF NOVEMBER 18 1980 PAGE 2 be withdrawn from this agenda and be placed on the December 2 agenda as both he and Mrs. McGahan wished to see their legislation considered by committee and the committees have not been organized. The agenda was approved without further change. F. PUBLIC PRESENTATIONS UPON MATTERS ti0T CONTAINED -IN THE ASSEMBLY'S AGENDA FOR THE MEETING Mr. Ken Calvert spoke on the concept of revenue sharing and whether it coincides with the ideals of the Constitution. lie quoted from the National Assoc. of Counties paper to verify municipalities' dependence on revenue sharing funds and the suggestion that the program could be withdrawn from the states. Ile believed the federal government has nothing but debt to share. G. ORDINANCE HEARINGS OR OTHER PUBLIC HEARINGS (none) H. CONSIDERATION OF RESOLUTIONS (a) Res. 80.7 WITHDRAWN (b) Res. 80-136 "Providing for the Establishment and mp ementation of a Merit Pay Increase Plan" ASSEMBLYMEMBER McCLOUD MOVED FOR ADOPTION OF RES. 80-136. In reply to questions from the assembly Mayor Thompson reported that the approval of any merit increase would be by a board of department heads, not subject to assembly approval; it would be in effect until such time as the assembly changed it. Mr. Baxley reported the resolution was a result of negotiations with the employee's organization and was a part of the agreement, the actual mechanics of the idea to be worked out at a future time because of the time required to formulate the plan. The definition of "merit" had proved to be the most difficult to come up with. He believed because any such increase would have to be proposed by the employee's department head and approved unanimously by a committee made up of the personnel manager and two other department heads, it would be a fair process. It was noted that the percentage of employees receiving the merit increase should be very limited, that it would function as intended only if used sparingly. ASSEMBLYMEMBER HARVEY MOVED TO AMEND THE FIRST SECTION TO READ "Meritor- ious pay increases shall not exceed 58... " IN PLACE OF "shall be Si" AND THE SECOND SECTION, Imo.. "and must be approved by We borough assembly." IN PLACE OF "and is not subject to grievance or appeal. He stated favor for the merit system but felt it should apply only in extreme cases which could best be determined by the assembly. Mrs. Dimmick asked for division of the question and stated the legislative and administrative areas of responsibility should be kept separate. VOTE WAS CALLED ON THE AMENDMENT TO THE FIRST SECTION WHICII FAILED, 1 "YES" TO 14 "NO"; Harvey voting "Yes". Other assemblymembers expressed the belief that this is an area of respon- sibility that should remain with the Mayor and administrators who would ® have a more adequate view of circumstances. ASSEMBLYMEMBER KING MOVED TO TABLE THE RESOLUTION AND THE MOTION PASSED, 8 "YES", 7 "NO"; Brandon, Davis, Dimmick, McCloud, Schcefermeyer, Sikorski and Anderson voting "No". Z. 1 1 161 KrNAI PENINSULA BOROUGH ASSBM;1LY REGULAR MEETING MINUTES OF NOVEMBER 18, 1980 PAGE 3 (c) Res. 80-137 WITHDRAWN (d) Res. 80-138 "Renewing the Lease of Certain Borough e ecS�' tends in Township 6 North, Range 12 West, S.M. to Chevron U.S.A., Inc." ASSEMBLYMEMBER SCHAEFERMEYER MOVED THE ADOPTION OF RES. 80-138•AND IT WAS ADOPTED BY UNANIMOUS VOTE. (e) Res. 80-139 "Approving Schematic Plans for the NlnilchlSchool Addition Capital Improvement Project" ASSEMBLYMEMBER DIMMICK MOVED THE ADOPTION OF RES. 80-139. Mr. Gary Spreng, architect for Design Lab, Inc., presented drawings of the proposed work to include the addition of a small swimming pool, an elevator and ramp for handicapped persons, and an addition to the shop building. Also outlined in the plans was refurbishing of existing classrooms which would require two levels of effort. He described underground wiring as well as other utility changes necessary to bring -= the facility up to standard. , In answer to questions from the assembly, Mr. Spreng noted that the I shop addition would accommodate two cars, that the welding area was _ sufficiently separated from the mechanical area and storage areas were included at the request of school personnel. Mr. Hakert reported in response to questions that originally the project was budgeted at $1.355,100 million including a $SOO1000 grant from the Dept. of Transportation to satisfy the deficiences outlined in the DOT J study. 'The estimate on items requested -comes to $1.363,S20 million in + construction costs, which is approximately $240,000 over the original budget anticipated. Since the DOT bond issue failed, the grant will not be available. Additional improvements requested would bring the total deficiency to $1.200,000 million. $8SS,100 is presently available , in appropriated monies. He recommended the plans as presented be ap- - proved in order to proceed to the design development stage (by the +, J December 16ar meeting) and by that time have determined either how to come up with additional funds or where the project should be cut. I Mr. McBride reported a need for additional custodial storage space and asked what it would cost to fill in a 24 by 24 foot corner for a closet in•the building. Mr. Hakert estimated the cost at $SO,000 to $7S,000. Following a S minute recess, Mrs. Dimmick stated she would like to see the plans include the elevator and ramps as a bid alternate. Also to recommend the architect study some alternate and less expensive means of providing for the handicapped. She pointed out the legislature could very well fund school capital projects 100% this year; at this time it funds 801. ASSEMBLYMEMBER DIJlI= MOVED TO AI�'D IIER NOTION TO ADOPT RES-. 80-139 TO INCLUDE DEVELOPMENT OF ALTERNATE MEANS OF ACCESS FOR THE IIANDICAPPED AND DESIGNATE THE ELEVATOR AND RALIPS AS ALTERNATES. It was mentioned that the number of students remains about 135 and - at the present time there are no wheelchair users attending the school. Mr. Anderson believed the intent of the motion could be carried out in i a simpler manner by directing the architect to work with the Principal, school board and community to prioritize items so that everything over the $1,3SS,100 million could be considered as alternates. I 1 • 3 - • I _ ia� r £`e_ - KENA I PENINSULA BOROUGH ASSEMBLY REGULAR MENT I NG MINUTES OF NOVEMBEi 18, 1980 PAGE 4 ASSEMBLYMEMBER DII-rMICK AGREED TO WITHDRAW HER AMENDMENT ON THE BASIS OF THE ABOVE PROPOSAL. VOTE WAS CALLED AND THE RESOLUTION ADOPTED BY UNANIMOUS VOTE. (f) Res. 80-140 "Approving Design Development Plans or the Rikolaovsk School Addition Capital Improve- ment Project" ASSEMBLYMEMBER DIMLIICIC MOVE:1 THE ADOPTION OF RES. 80-140. MrSpreng presented the plans for an addition at one end of the existing building of a "half gym", a library and a four classroom addition. As an alternate, a small greenhouse adjoining the science classroom on the South side was requested. He explained technical aspects of the plans, such as construction materials and plans to lengthen the eaves on the existing building to correct a problem with snow and ice pile-up. In response to assembly discussion, Mr. Spreng stated he would have his engineer look into the feasibility of extending the greenhouse to the length of the room it adjoins as a heat source. VOTE WAS CALLED AND THE RESOLUTION ADOPTED BY UNANIMOUS VOTE. I. PENDING LEGISLATION J. INTRODUCTION OF ORDINANCES (a) Ord. 80-S6 "Rezoning Government Lot 91, City of Kenai, roam Mural Residential District (RR) to Suburban Residential District (RS)" with Memo 81-27 ASSEMBLYMEMBER McCLOUD MOVED THE INTRODUCTION OF ORD. 80-56 SETTING THE HEARING DATE FOR DECEMBER 16, 1980 AND WITHOUT DISCUSSION THE ORDINANCE WAS UNANIMOUSLY SET FOR HEARING. (b) Ord. 80-57 "Rezoning Government Lot 97, City of Kenai, roam Rum Residential District (RR) to Surburban Residential District (RS)" with Memo 81-28 ASSEMBLYMEMBER DIMMICK MOVED THE INTRODUCTION OF ORD. 80-S7 SETTING THE HEARING DATE FOR DECEMBER 16, 1980 AND 311THOUT DISCUSSION THE 140TIO14 WAS UNANIMOUSLY APPROVED. (c) Ord. 80-61 WITHDRAWN (d) Ord. 80-62 WITHDRAWN K. FORlIAL PRESENTATIONS WITH PRIOR NOTICE UPON MATTERS NOT ON MEETING AGENDA (a) Price -Waterhouse Audit Report FY 1979-80 Mr. Bob Mathas, audit -partner, presented several reports, one to highlight the borough's financial statements for FY 1979-80, to discuss the management recommendation letter, and an audit performed at the Central Peninsula Hospital as well as recommendations arising from that examination.- He pointed out briefly the'various areas the Financial Report covers including the auditor's letter which states the combined '1 financial statements prepared by the borough and examined, present fairly �J the financial position of the borough in conformity with generally accepted accounting principles. - 4 - i 777 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF NOynmm is, 1980 PAGE S Mr: Michael Ilosking, senior auditor for the examination, reported briefly on the management letter which he explained was their comments on the borough's financial management from the perspective of an auditor. He commented they"are not to be considered a mandate but rather suggestions ' that can be discussed, evaluated and implemented if so desired. tie noted such areas as conflicts of interest, data processing, security, cash management, payroll and budget methodology that need consideration of change. Financial Director Barton responded to each item stating whether the proposal had been implemented, would be initiated or why a given suggestion would not be taken. Mr. Mathas then presented a report on the Central Peninsula hospital facility which is managed by Lutheran }tomes Society under an agreement which provides for a periodic audit and was for an ending date of December 31, 1979. lie reported a check with the main accounting center in Fargo, No. Dakota revealed a good system and records. His recommendations were that the advisory board review all costs, including depreciation, and consider an increase in rates to correct the imbalance that exists with- out the tax subsidy; to consider implementation of an EDP accounts receivable, making information more readily available through automated hospital billings -lie reported suggestions were well received by the advisory board and were being implemented, In response to questions Mr. Mathas stated that the hospital's "bad debt" record was not excessive when compared to the national average. L. COM►SITTEE REPORTS (Committees not appointed) M. MAYOR'S REPORT (a) Financial Report for October, 1980 ASSEMBLYMEMBER McCLOUD MOVED TO ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT FOR OCTOBER, 1980 AND IT WAS APPROVED BY UNANIMOUS CONSENT. (b) Appointment, Development Council Mayor Thompson reported he had appointed Carl Hille to the Development Council representing the City of Seldovia. N. OTHER BUSINESS (a) Tax Adjustment Requests ASSEMBLYMZ BER DIMMICK MOVED TO APPROVE THE T.A.R.'S AS PRESENTED BY THE ASSESSING DEPARTMENT AS FOLLOWS: Total 1980 Additions $171,S71 Total 1980 Deletions 475,180 Total 1979 Additions 24,390 Total 1979 Deletions 85,795 Total 1978 Deletions 15,500 Total 1977 Deletions 7,S50 Total 1976 Deletions 6,750 Total 197S Deletions 6,000 Total 1974 Deletions 1,000 Total 1973 Deletions 11000 Total 1972 Deletions 1,000 Total 1972 Deletions 1,000 THE TAX ADJUSTMENT REQUESTS WERE APPROVED BY UNANIMOUS VOTE. 0. ASSEMBLY AND MAYOR'S COMMENTS - S - • a • I r � 991 • i �u I fir/ i KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MLETING MINUTES OF NOVEMBER 18, 1980 PAGE 6 (a) Mr. Crapuchettes commented the P.A. system needs drastic over- haul; the assemblymembers cannot hear and the microphones are inadequate. He also asked how the seating of assemblymembers was to be arranged, whether by district or preference. Mr. Sikorski reported under Mason's Rules the President assigns seats and Pres. Fischer asked assemblymembers to report preferences to the clerk for his information in arranging seating. He also commented on the Supreme Court's treatment of the Ten Commandments in Kentucky stating that although there was nothing• the assembly could do about it at the present time, when five people can overrule a sovereign state, sooner or later the implications will affect us all. (b) Mr. Lounsbury reported people in the Sterling area have made comment to him about possible contamination from the special waste site and he believed the assembly should consider another location. (c) Mr. Anderson spoke in approval of the assembly's action on the Ninilchik School Addition in asking the community to prioritize improve- ments and holding costs to the amount approved. He commented it's the only way to do business. (d) Mr. Davis thanked the assembly for the appointment as Vice Presi- dent. fie informed the assembly that the bad debt rate at Central Peninsula Hospital is running about 28% and advised the assembly to consider just how much the taxpayers want to subsidize the facility. (e) Mr. Sikorski did not understand the intent of tabling Res. 80-136 believing it should be at least dealt with in an appropriate committee. ASSEMBLYMEMBER SIKORSKI MOVED THAT RES. 80-136 BE REMOVED FROM THE TABLE IN ORDER WORK OUT AN AMENDMENT THAT WOULD FACILITATE ADOPTION AS PROMISED IN GOOD FAITH NEGOTIATIONS AND THE MOTION PASSED, 9 "YES" TO 6 "NO"; Crapuchettes, Fischer, Harvey, King, McCloud and Wade voting "No". ASSEMBLYMEMBER SIKOP.SKI MOVED THAT RES. 80-136 BE SENT TO COMMITTEE AND THE MOTION iWAS APPROVED BY A VOTE OF 11 "YES" TO 4 "NO"; Dimmick, King, Schaefermeyer and Anderson voting "No". (f) Mr. Harvey believed the assembly should take a'second look at the amount of SSE increase being considered in the Resolution, since the employees are generally being paid sufficient or better wages. (g) Mr. Schaefermeyer believed the assembly has a moral obligation to adopt Res. 80-136 ag presented since it had been developed in conjunc- tion with the employees contract and approved by the assembly along with the contract negotiated. He stated that much more costly and argumenta- tive issues would be coming before the assembly and it could not afford to spend this amount of time and effort on so minor an item. (h) ASSEMBLYMEMBER LOUNSDURY MOVED THAT THE ASSEMBLY INITIATE HAVING PRAYER BEFORE ITS MEETINGS AND VOLUNTEERING TO OFFER THE PRAYER. Mrs. Dimmick suggested inviting local ministers on a rotating basis to offer the prayer. Mr. McBride suggested designating a time for a moment of silent prayer. Mr. Brandon approved the motion and offered to pray in turn as well as having ministers perform the service. Pres. Fischer believed the scheduling should be left with Mayor Thompson and include ministers, assemblymembers and silent prayer. ASSEMBLYlSIBER DIPL41CK ASKED FOR UNANIMOUS CONSENT AND IT WAS GRANTED. - 6 - 0 (1 .ij y ' r 'J KENAI PEtii2.SL'LA BOROUGH AS5211D'LY REGULAR MELTING �1164UTES OF NOVEMBER 18, 1980 PAGE 7 (i) Pros. Fischer thanked the assembly for the position.of President and promised to try to do a good job. (j) Mayor Thompson mentioned some of the problems that will be coming before the administration and assembly in the coming year and stated he would try to bring the assembly as much information as possible. He stated he would be working on an administration reorganization and hoped for assembly concurrence. He reported asking the attorney to notify the IRS that he intends to honor the tax exemptions given by employees in order not to be caught in the middle between the IRS and employees. After discussion with the assembly, he planned a meeting with Finance Department heads to begin an hour before the December 2 regular meeting to give assemblymembers an opportunity to become familiar -with the budget process. He commented that the forecast was for the mill levy to be raised to 3.S for FY 1981-82 if the current rate of spending continues. (k) Mr. Anderson noted approval for the assembly's action tonight, but objected to items being considered that are not on the meeting agenda. P. PUBLIC COMMENTS (a) Mr. Richard HcGahan spoke against Res. 80-136 and the merit increase concept believing the employees are well provided for under the contract agreement. He welcomed the new assemblymembers as well as the old ones returning and the new mayor. (b) Mr. Ken Calvert agreed with Mr. McGahan's remarks on salaries but offered an alternative; a one time bonus payment instead of a raise in base pay. Q. INFORMATIONAL MATERIALS AND REPORTS J Pros. Fischer referred to minutes of the School Board, Economic Development and Plat Committee in the packet and asked for an excused absence for Karen McGahan for this meeting. R. NOTICE OF NEXT MEETING AND ADJOURNMENT Pres. Fischer stated the next meeting will be December 2, 1980 at 7:30 p.m. and this meeting adjourned at 11:38 p.m. Date approved December 2. 1980 j w�ci 144A !^ ATTEST: Taub sc er,_ ssemb y Presiaeff eputy Borough Clerk - 7 - KENAI PENINSULA P.OPOUGH REGULAR ASSEMBLY I EE TING 'C�/� DECEMBER 2, 1980; 7:30 P.M. BOROUGH AI);dINISTRA'1'IO`! BUILDING 148 No. Ili nkl cy St. 11880 Soldotna, Alaska • - AGENDA - Assembly Crapuchettcs J A. CALL TO ORDER AND ROLL CALL Davis Dimmick B. PLEDGE OF ALLEGIANCE Fischer Glanville C. SEATING OF NEW ASSEMBLYMMMB.ERS (none) Harvey King D. APPROVAL OI: MINUTES OF INOVEMBER 18, 1980 Lounsbury McBride E. AGENDA APPROVAL McCloud McGahan F. PUBLIC PkESE`Ttk1j0XS UPON MATTERS NOT CONTAINED IN Schaofermeyer THE ASSEMBLY'S AGENDA FOR THE MEETING Sikorski Wade G. ORDINANCE HEARINGS OR OTIiER PUBLIC HEARINGS Anderson Brandon (a) Ord. 80-59 ".faking Technical Corrections to Tit1�1�0 of the Borough Code, Relating to , Zoning Hearings and Appeals" (b) Ord. 80-60 "Providing for the Organization and Operation o the Ridgeway Fire Service Area and Establishing the Powers and Duties of the Board of Directors" - (c) Appeal Decision of the Planning Commission - Gravel J operation., Hayes and Hayden, Quality Asphalt Paving (Kalifonsky Area).and Memo H. CONSIDERATION OF RESOLUTIONS (a) Res. 80-131 "A Resolution Urging the Twelfth Alaska o�islature, First Session, to Enact Legislation to Provide a 75 Real Property Tax Exemption for Residential Property O�:ned and Occupied by Residents of Municipalities and Providing for Reimbursement by the State of Alaska" (b) Res. 80-137 "Declaring the Policy of the Assembly with Regard to the Prohibition Upon the Use of Public Monies to Promote the Pacsat►e of School Bond Issues or Any Ballot Propositions" (c) Res. 80-141 "Requesting Preparation of a Plan for a Borough Lottery Land Sale 92 to Dispose of Borough Land to the General Public" (d) Res. 80-142 "Atsarding the Contract to Alaska Test Lab To ' er orm re -Engineering Soils Investigation At the Site of the Proposed Now Hope Landfill" Memo 81-37 (e) Res. 80-144 "Awarding a Contract for Survey Land Adjacent to the Seward Landfill" Memo 81-39 (f) Res. 80-14S "Urging the State of Alaska to Fund One Hundred Percent of School Capital Iirproeement Projects" �1 (g) Res. 80-146 "Commenting Upon'the Proposed Plan for the !!•�JManagement of the Kenai National Moose Range and Opposing Federal Control of Thcse Lands" I. PENDING LEGISLATION (a) Res. 80-136 "Providing for the Establishment and Implemen- .tation of :-Eerit Pay Increase Plan" (to be placed in committee) v ar, 7 J. INTRODUCTION Ol' ORDINANCES (a) Ord. 80-58 "Amending the llomer Municipal District Zoning Code to Provide for Altered barking and Loading Requirements and Zoning Appeal Procedures and Providing for the Submission of a Site and Access Plan in Certain Instances" Memo 81-40 .(b) Ord. 80-61 "Amending Section 4.04.060 of the Borough Code of rRTnances in Regard to the Prohibition Against the Use of Public Monies or In-Y.ind Services to Promote the Passage of Ballot Propositions and Bond Issues" (c) Ord. 80-62 "Amending Section S.16.090 of the Borough Code of r ib fc na' nces to Exempt the Retail Sale of Food Products for Human Consumption from the Borough Sales Tax" (Presentation by City of Soldotna-Reprosentative) (d) Ord. 80-63 "Amending the Code to Establish that a Payment of rolroperty Taxes Received One Day After the Normal Due Date of Such Taxes Would Not be Considered Delinquent" (e) Ord. 80-64 "Providing for the Contract Rezoning of Certain arc�l_s_oT Real Property Lying Within Bayviei. Subdivision, City of 11omor" Memo 81-42 4 Attachment A, Contract (f) Ord. 80-65 "Amending Section 2.08.120 of the Borough Code Setting Out the Order of Business of the Assembly and Adding an Invocation- (g) Ord. 80-66 "Amending Section 2.08.04 of the Borough Code* or Ordinances Relating to Obstention from Voting by Assembly Members on School Appropriations in Cases of Conflict of Interest" X. FORMAL PRESENTATIONS WITli PRIOR NOTICE UPON MATTERS NOT ON AGENDA L. COMITTEE REPORTS (a) Establishment of Committees and Appointments M. MAYOR'S REPORT (a) Timber Sale and Proposed Contract (b) Resignation of Civil Defense Director Gallagher (c) Service Areas Guidelines N. OTHER BUSINESS (a) Waiver of Penalty $ Interest; Flothe (b) Waiver of Penalty $ Interest; Condo (c) Waiver of Time for Filing, Senior Citizen Exemption; Kibsgard (d) Tax -Adjustment Requests 0. ASSEMBLY AND DLIYOR' S COnr imns P. PUBLIC COMIENTS Q. INFOR.NtATIONAL SWTERIALS AND REPORTS (a) Minutes I. School Board, November 3,1980 2. News in Brief, November 17, 1980 3. Planning $ Zoning Commission, October 6, 1980 R. NOTICE OF NEXT MELTING AND ADJOUR.`MENT (December 16, 1980) r� N CITY OF KENAI "Od G'a f%l a j 4"„ P. O. SOX WO KENAI, ALASKA 99611 TRIPHON! 203 • 7E06 December 15, 1980 TOs Chamber of Commerce and r- Any Interested Persons - Kenai City Council AIle ° FROMs Vincent O'Reilly Mayor You are invited to a no -host luncheon to meet with the local members of the Alaska State Legislature and review the City Capital Improvement Proposals. The luncheon will be held at the Sheffield House, Monday, December 22, 1980, at 1200 Noon. vowsjw y i �• i r 1 11 NOTICE OF SPECIAL MEETING A special meeting of the City Council will take place at 1200 Noon Monday, December 22, 1980 at the Sheffield House. The agenda will consist ofs I. Capital Improvement Projects. at Whelan, City Clerk December 17, 1980 R • y{I 1 • �i (1 'i ri I �) 11 LETTER OF INTENT Kenai Cable Vision is a locally owned and operated corporation that is proposing to construct and operate a cable television system in Kenai Alaska, The systen that is planned will recieve its programming primarily from two sources. An earth station will recieve six channels from RCA Satcom I satellite. To recieve the local Anchorage channels we will use a 50 foot tower, commercial grade antennas and preamplifiers that produce a high quality picture. - All of these channels will be transmitted on a cable network throughout the downtown area of Kenai. From the main cable drop lines will be run to the subscribers homes. j This cable system will have a capacity of 36 channels so that additional channels can be added as the area and system grows. Kenai Cable vision program offerings would include six channels brought live via satellite to Kenai residents including, C' WTLS a 24 hr. super station with special childrens programs, _d 1 CNN a 24 hr. News station, Trinity Broadcasting a religious ; orientated station, ESPN a 24 hr. sports station, C-SPAN which covers the House of Representatives proceedings, and Home Box 1, l 'r f� -2- R. - P:. --office which offers first run movies and Top Entertainment i .. E Stare in concert. If i These stations are broadcast with no delay from the continental E USA, with out commerical interuptions. The four Anchorage �- stations, KENI, KAKM, KTVA, AND KIMO, would also be carried over cable which means that homes that subscribe do not need v I antennas or other related television equipment. ` In addition to entertainment and educational opportunities, this cable system can also provide community services. Among i these are fire and security systems, public affairs channels jand I I a link to a central computer that can do banking, pay I bills and provide a variety of P.v. games. II '` Cable Vision would be available to residents for a monthly l subscribtion fee, with a installation charge and free dis- connect service. Ill q ` Kenai Cable Vision has taken a survey of 470 Kenai residents tc ascertain the interest in this type of service. The survey contained: a letter, explaining briefly what cable television is, brochures of four satellite stations describing their programs, a postcaLrd, which asked if they were interested in I. cable television, whether they would like to see a local �= = If concern bring cable television to Kenai, and for comments. i� I •, 1 It The response zo this survey was very positive with over. 5 200 replying and only 5 negative responses, 3 of which were moving. To have over 40 q reply to a mail in survey is considered excellent in the industry. Cable television is a relatively new media that has grown at an amazing rate in the last five years. In 1975 cable i television had 9,800,000 subscribers. Today in 1980, there are over 16,000,000 subscribers. It is forcasted that 90% s of American homes will have acess to cable television in 1985. -;e believe that cable television is the comming media and offers exciting opportunities that will prove it to be both a profitable and worth while investment. Yvonne Hakkinen Kenai Cable vision Dec. 2, 1980 F� t • d J I - I j it a Y� i - — uc.t; il1SM WCJTYiAClf M"Kr_tin1*lal r 4 , S. 4 { 7 ALASKA MUNICIPAL LEAGUE POLICY STATEMENT 1981 Adopted at the Business Meeting of the 30th Annual Conference of the ALASKA MUNICIPAL LEAGUE Fairbanks, Alaska - November IS, 1980 � 1 I r � 11 t PART I TAXATION AND FINANCE A. Local Tax Relief 1. The League supports state -funded relief for local taxpayers where such relief does not reduce the tax base or the tax -levying authority of the munici- pality and does not adversely affect the marketability of municipal bonds. 2. In order to provide local tax relief to Alaskans in 1981, the League urges the Governor and the Legislature to pass the necessary funding legislation for municipal assistance, state revenue sharing, and local school funding in suf- ficient time for municipalities to incorporate the additional revenues in the annual mill levies, but in no case later than May 15, 1981. B. State Assistance In Financing Local Goverment 1. State Revenue Sharing. The League supports annual increases in the state shared revenue program. The annual appropriation by the Legislature to the municipal revenue sharing program shall be an annual increase of the 1980 Legislative appropriation based on such criteria as state population, inflation, and cost of local government services and other timely considerations. 2. Road Maintenance. The League continues to support an increase of available Its state funding for road maintenance to realistically reflect today's cost of road maintenance, with this increase fully funded. 3. Capital Improvement Projects. The League supports a separate revenue sharing program that will assist in the funding of capital improvements projects. 4. Municipal Assistance. The League supports the efforts of the state administration to fully fund the municipal assistance program at not less than 10 percent of the revenue raised by the State Corporate Income Tax. S. Permanent Endowment for Local Government. The League urges that the state investigate the concept of a permanent endowment for local governments. The Income from this endowment would be made available for use by local governments for operating expenses and/or capital programs. The League should provide assistance to the state In its Investigation through a state-wide task force. Criteria for developing any permanent endowment and allocation of income approach should include equity, predictability and maximum local control. 6. State -collected Locally Shared Taxes. Municipalities in Alaska presently derive significant revenues from state -collected, locally shared taxes to help meet their basic operating expenses. The League, therefore, oppores reduction of such revenues through elimination of such taxes unless other equal sources of revenue are made available to local governments, or appropriations to compen- sate for lost revenues are made by the State. 7. Supplemental Appropriation. The League urges the Legislature to fully fund, through supplemental appropriations, 100% of fiscal 1981 state revenue sharing entitlements and the municipal assistance entitlement of at least 10 percent of the revenue generated by the State Corporate Income Tax. I ia I S. Certification of Revenues. The League supports an amendment to the state j shared revenue statutes which would 1) permit the Department of Community and Regional Affairs to accept a certification of revenues and expenditures in lieu of the annual financial report in order to make final payment of state revenue sharing entitlements, and 2) allow the Department of Community and Regional Affairs to amend the entitlement in the ensuing year based on the annual report, if applicable. 9. Abandoned Motor Vehicle Fund. The League continues to urge adequate funding of the Abandoned Motor Vehicle Fund with special emphasis paid to the cost incurred in handling abandoned vehicles which have no value. 10. Basic Allocations. The League supports an increase in state revenue sharing , basic allocation to $50,000 for each city, C. Local Taxes ` 1. The League opposes the imposition of state -mandated exemption of certain classes of property, individuals, organizations or commodities from the appli- cation of taxes unless adequate compensation is made by the state to reimburse local government for revenues lost due to these exemptions. 2. The League endorses the position whereby the state would pay to the local , governments a payment in lieu of ad valorem taxes for the state-owned property g as well as payments for its share of the cost of improvements and services which benefit such property. s- 3. The League opposes any further effort on the part of the state to levy a property tax which would infringe upon the rights of local governments to levy the same rate of tax as levied on other property within the taxing jurisdiction. 4. The League supports legislation which would provide for the optional exemption of business inventory from property tax. D. Funding The study And Formation Of New Municipalities } _ 1. The League requests the enactment of legislation to provide adequate funds to assist in the formation of newly organized municipalities. 'I 1 2. The League requests the enactment of legislation to provide adequate funds to assist in the study of the feasibility of forming new municipalities. E. Public Employees Retirement 1. The League urges that in any legislation passed which increases benefits ';..j under the Public Employees Retirement System, the increased cost be borne by contributions from the employees. The League urges the Legislature to recognize -- 1 the effect on participating municipal employers if any amendments are made to =F= PERS. - -- N 2. Many locally elected officials are being excluded from participation in the Public Employees Retirement System because they are also active members of the Teachers Retirement System; therefore, the League supports legislation that would eliminate that portion of Alaska Statutes (AS 29.35.680(21)(c)(iv)) that excludes active members of the Teachers Retirement System from being active members of the Public Employees Retirement System and to allow retroactive participation provided that the employee applies for it and makes the full retroactive contribution as he/she would have if he/she had been an active member during the retroactive period. F. Local Hosaital Use 1. The League urges the state and federal agencies reponsible for health care to utilize the local health facilities and to transport patients to regional centers only when the necessary services are not available. 2. The League strongly supports increased state funding of hospital and health facility construction and operating costs but feels that this should be funded outside the state revenue sharing program. G. Role Of The Permanent Fund 1. The League supports legislation which would favor the investment of a percentage of the permanent fund into the development of energy resources and potable water supplies. 2. The League, which recognizes that the concept of the Permanent Fund is to take revenues from a non-renewable resource and turn these revenues into a re- newable resource, urges the Legislature to increase the percentage of income going into the fund to help guarantee the economic stability of the state. H. Anti -Cyclical Polic 1. The League requests the executive and legislative branches of state government to develop a clear anti -cyclical policy to provide as much as possible for the scheduling of state capital projects projected for munici- palities during periods of lower economic activity in the municipality and to direct other state activities with consideration of municipalities whose economies are depressed from normal levels. 1. Loans For Hydroelectric Proiects 1. The League supports uninterrupted continuance of loan funds from the state for feasible hydroelectric projects within the state, and further supports long-term, low -interest loans at three percent for these projects with funding appropriated from non-renewable resource revenues such as those presently being generated by oil and gas receipts. 3 I i - I r i rr J. Fiscal Notes 1. The League supports enactment of legislation requiring preparation of notes assessing the fiscal impact on local government of any proposed bill or regulation. K. Cultural, Civic And Convention Centers And museums 1. While by law the state is able to assist local communities in the con- struction, maintenance and operAtion of cultural, civic, convention and community recreation centers, only minimal funding has been available for this purpose. The League, therefore, urges the Legislature to authorize funding under existing law in an amount sufficient to meet the construction requirements in Alaska communities. PART II EDUCATION A. Permanent Endowment For Funding Education 1. The League urges that the state investigate the concept of a permanent endowment for funding public education. The income from this endowment would be made available for use for public education operating expenses and/or capital programs- B. School Suvvort 1. The Constitution of Alaska is very specific in its requirement that education is the responsibility of the state. Therefore, the League urges the Legislature to fund annually 100% of the costs of Public School Foundation, Special Education, student transportation (including kindergarten, inclement weather and hazardous bus routes) and Community Schools. Appropriations for these programs must reflect annually the increased costs incurred by school districts and full funding should not be used as a catalyst for the state to infringe upon the rights of local people to administer local schools. 2. The League urges the Legislature to support school capital projects at 100% construction level (as defined by the rules and regulations established by the Department of Education) and calls upon the Legislature and the Governor to fund this amount annually. The League also supports legislation under which the state will provide funding for all approved school capital projects to the local district at the time of approval. The League also urges the Legislature to assume the total school capital indebtedness incurred by local school districts. 3. The League recommends that the state legislature fund fully all special programs required by Public Law. 4. The League recommends that the state reduce and simplify the paper work requirement for receiving state and federal funds. 4 I I - 1 10' i r� j - I 1� S. The League recommends that the Legislature adopt legislation to endorse and fund education programs in the area of substance abuse and person abuse with staff training, such programs being optional by each school district. 6. The League urges the Legislature to continue the policy establishing the amount of the public school foundation support unit value one year in advance. 7. The League urges the Legislature to provide increased funding for school board and advisory school board orientation, continuing education and awareness. 8. The League recommends that the state Legislature provide funding for bi- lingual and multi -cultural programs. C. Assembly/Council-School Board Relationships 1. The League supports legislation to clarify assembly/council-school board relationships and opposes legislation which would diminish assembly/council authority in education matters. D. Public Communications 1. The League encourages state and federal governments to seek immediate and expeditious activation of satellite communication facilities for education in the state. 2. The Second Session of the Ninth State Legislature implemented initial funding for limited televising of legislative sessions. The League now urges full funding of the program to assure that the general public has the greatest access possible, not only to floor sessions, but also to committee hearings and teleconferencing. 3. The League supports legislation that would support and provide funding for communities served by television cable systems that are applying for issuance of FCC construction permits for mini TV translators. S. Other 1. Serious problems exist between the University of Alaska and the Community College systems, and these problems have a strong negative impact on all classes of students within these institutions. The League urges the Legislature to mandate, if necessary, resolution of differences regarding program articulation, budget and planning, student support service and local program options. The League considers autonomy for the Community College system to be only a last resort.if other measures fail. 2. The League urges the Legislature to adequately impower and finance the "Oversight Committee" to annually discharge their duty of budget review and then enforce their recommendations. �f PART III PUBLIC SAFETY 1 1. The demand for trained competent local police and fire departments is accelerating throughout Alaska. It is urged that the Legislature, at an early date, assure that police, fire and emergency medical personnel training programs throughout the state have adequate facilities and program resources for training of local safety people, and provide financial support to assist the communities who participate. 2. Because the Alaska Police Standards Council has lost all federal support, the League recommends the establishment of state assistance proportional to the f cost of ongoing assistance to those members of municipal police agencies attending courses in order to meet the requirements of the Alaska Police Standards Act. 3. Recognizing that corrections is a state function, the League urges the state to fund the construction, if necessary, and the operation of short term detention facilities within local communities. 4. The League supports legislation which would permit municipalities to tax, assess or impose a surcharge on the distribution and/or sales of alcohol within , its boundaries. S. The League urges the state to establish a comprehensive fire education program and a comprehensive statewide arson investigative program, through the state fire marshal's office, that will utilize professionally trained fire educators. 6. The League urges the state to standardize the Alaska Juvenile Justice 9 System so that the people's confidence in the rule of the law will be restored and our traditional form of government will continue to provide security for the law abiding citizen. 7. The League supports the state's efforts to standardize penalties imposed by the Alaska Judicial System so that the people's confidence in the rule of the law will be restored and our traditional form of goverment will continue to i=--' provide security for the law abiding citizen. 8. The League supports legislation which would amend the State Acoholism Act ' to include .public intoxication as an offense so as to provide the Court with ';. alcoholism treatment as an alternative to incarceration in order to provide a ;) measure of control in the initial phase of rehabilitation. 9. The League recognizes that Civil Defense and Emergency Preparedness activ- ities on the state and local level are worthy of support. The League supports full state and federal funding of these activities, particularly in regards to emergency communications, medical and food supplies. 10. The League supports legislation which would provide utilization of the Alaska Judicial Information System to preclude registration of any motor vehicle at the State Division of Motor Vehicles if there are outstanding state or municipal traffic violations against the registering owner. 6 I' Tir tr,,, ,.1r+— _—�- .s.w..-.�-,.. ..'tr' - _ umr - - . •Mm . ,_>...... r_.y=��. �.as-�=aa� 11. The League recongizes the serious individual and public safety problems that exist in all communities in Alaska as a result of alcohol abuse and domes- tic violence. It supports the enforcement of AS 09.55.600 through AS 09.55.640 (139 SLA 1980) in all parts of the state as a public safety priority. It further supports financial support for shelters within municipalities to provide for emergency needs of victims. The League further supports the establishment and utilization of mandatory rehabilitation programs for offenders in domestic violence cases as an alternative to incarceration. 12. Recognizing the state-wide and interstate nature of narcotics and dangerous drug traffic, the League recommends full state support of state-wide and metro- politan drug enforcement units. 13. The League supports an expansion of the Village Public Safety Officer Program to include all village communities in Alaska. 14. The League supports the funding of a judicial system that would insure the presence of a judicial officer in each community in the state when the need arises. 15. The League supports full funding for basic fire fighting equipment for small Alaska cities and fire service districts. PART IV LAND USE A. Local Options 1. The League feels strongly that laws pertaining to the powers of local planning and zoning must allow for the greatest flexibility at the local level. B. Land Selection 1. The League urges 1) immediate conveyance of native and state lands pres- ently identified and jointly agreed upon for selection, and 2) the state move expeditiously to convey lands to municipalities with the least amount of encum- brances and restrictions. 3) The League encourages an increase in the cooperative intergovernmental land use planning process that considers municipal, state and federal lands affected by the land selection process. 2. The League urges the state to discontinue the practice of indiscriminate blanketing of all waterways within municipal selections with reservations for public easements, and encumbering patents with undefined easements and that the value of proposed easements on municipal lands for public use be weighed against both the value of these areas for other types of development that might conflict with access easements and geographic constraints that will render such easements of little public access value. -- '' C. d(2) Lands In Alaska pro 1. The League supports land use recommendations which follow the multiple use concepts, and would be based on professionally thorough and unbiased analysis of land use potential and compatibility of uses, giving appropriate weight to economic, social and environmental factors. i 2. The League urges that potential hydroelectric projects and alternative energy project sites be eliminated from federal d(2) selections by providing headwater rights, sites for dam sites, corridors for water and electric trans- mission lines, power houses, associated substations and all attendant facilities. The League further supports the preservation of rights -of -way across all land selected and classified for the purpose of providing for future construction of public accesses of various types. 3. The League urges that potential fish hatchery sites be eliminated from federal d(2) selections. The sites would be those identified by the FRED Division of ADF&G and aquaculture organizations, formally organized within the State of Alaska. D. Historic Sites 1. In order to help municipalites to retain as much as possible of Alaska's colorful and historic past, the League supports establishment of a state matching grant program and funding for acquisition, maintenance and rehabili- tation of monuments, historic sites and rights -of -way thereto. E. Coastal Management 1. The League supports continued and maximum local control in the develop- ment, management and implementation of coastal planning and policies. 2. The League supports the concept of "extra -territorial" planning by municipalities in the unorganized borough with statutory provisions to permit the Alaska Coastal Policy Council to adopt said "extra -territorial" planning as part of the Alaska Coastal Management Program until such time as a resource district plan is adopted. 3. It should be required that all state agency comments and recommendations for the purpose of state and federal consistency be made by these agencies prior to local government conceptual approval. F. Subdivisions 1. Subdivision of land is a major factor in community development creating patterns which have long lasting effects. Although present legislation clearly recognizes the need for regulation of subdivisions, means of enforcement are inadequate. The League supports legislation which would require proof of approval by local authorities prior to the filing of an instrument, including those filed by the state, affecting the boundaries of land and prior to any Judicial partition of real property. 2. The League supports legislation which would require access capable of being constructed to local design standards to all state land disposals; and that, except for state subdivisions in remote areas or for dispersed entry, local subdivision improvement requirements be honored by the state either installing such improvements or by acquiescing in the formation of service areas and local improvement districts containing such property and honoring the obligation to pay LID assessments on such property while it is in state ownership. 8 1 - K j i 3. The League supports the concept of an Enterprise Fund as a means for the 'state to provide required improvements in state land disposals. 4. The League urges that a minimum requirement for state subdivisions conveyed without required local improvements be that the subdivision design incorporate final road and sewage engineering to save state land recipients unnecessary t road and sewer construction and maintenance costs due to poor lot and right - of way layout. G. State Land Disposal i 1. The League supports legislation which mandates land use capability and resource inventory findings for each tract of land included in the disposal bank. - - 2. Recognizing the pressure on both the state and municipal governments to dispose of land, the League supports a cooperative effort by the state and municipalities to dispose of land in a continuous and orderly manner. The League also supports state funding to provide planning grants, funds for necessary access roads, survey costs for land scheduled for disposal, and state, borough and city subdivision roads, sewers and utilities to meet local subdivision improvement ordinances. 3. The League opposes any state mandated program regarding disposal of municipal selected land relative to timing, size or use. H. Grazing Districts 1. The League supports legislation which delegates to local governments the establishment of controlled grazing districts within organized municipalities. I. minerals 1, The League supports legislation that the state provide funds for necessary quantitative definition studies and market analysis of minerals other than oil and gas. PART V TRANSPORTATION, DOCKS AND PORTS A. Surface And Marine Hinhways 1. With the ongoing development of natural resources in Alaska, the League supports legislation which will expand the Alaska Marine Highway to Western Alaska and improve transportation to tie the Central Alaska ports in with the Aleutian Alaskan ports and further supports the expeditious procurement of an ocean going vessel to accomplish the expansion of the Alaska Marine Highway System. 9 a] 71 1 1 . 2. Since Alaska's economy depends heavily upon ocean and Inland water shipping, fishing, and other marine travel, the League finds the existing port and harbor grant programs to be inadequately funded and urges expansion of these programs. Major port and harbor facility plans should be prepared and developed consonant with the municipalities' plans. 3. The League supports efforts to provide efficiencies in the operation of the Alaska Marine highway System providing these efficiencies are based on publicly available economic and technical data. However, the League strongly objects to any reduction in existing marine highway systems absent technical, economic or other criteria; strongly urges community input be required prior to establishing parine highway rates, schedules and operational changes; and requests public input for studies affecting the operation of the Alaska Marine Highway System be solicited on a state-wide basis. 4. With the difficulty in acquiring public rights -of -way throughout the state primarily due to different land classification and ownerships, the League supports the identification of adequate corridors for construction for public access through such lands and early acquisition of adequate rights -of -way. S. The League supports efforts toward an expanded railroad system to better serve all areas of Alaska and to link the State of Alaska with Canadian rail facilities. 6. Since the Alaska economy depends on the existence of transportation routes, the League supports the continued use and state maintenance of the state highways and trails systems. 7. The League requests that the State of Alaska support mandatory shipping corridors within Alaskan waters whenever local communities request such mandatory shipping corridors. S. The League requests the state to intervene in the matter of interpretation and enforcement of federal regulations pertaining to the transportation of hazardous cargo on passenger vessels and aircraft in order to reduce the financial hardship imposed upon certain communities. 9. The League supports the expeditious development of a transportation program based on technical data with the maximum public participation possible which identifies the needs and establishes an improvement program for all forms of transportation in Alaska to include commercial and private air, marine and land transportation systems and adequate consideration for emergency airstrips. 10. The League requests that the state join in asking the President of the J. United States to intervene in the interpretation of the Jones Act by the Customs Service, as it limits the time permitted and number of port calls in Alaska by foreign bottom cruise ships. 11. Port Authorities. Insufficient mechanisms exist under Alaska law to create port authorities, free ports of entry and trade zones. Therefore, the League supports legislation to allow municipalities to create, finance and operate port facilities and ancillary authorities to enhance commerce within the State of Alaska. 10 I'm 12. The League urges the state to make planning funds available to enable municipalities to do the transportation planning within their boundaries that is required of coastal municipalities by the Alaska Coastal Management Program. 13. The League continues to support state consideration of a transportation system comprised of marine and land highway components. This system would embody shorter ferry runs between adjacent communities with extensions to the land highway system and by the utilization of high speed ferries and end - loading vessels with more frequent ferry service with minimal on -board facilities for passengers. 14. The League supports major and minor in -state ferry maintenance. 15. The League requests the Division of Marine Highways improve the ferry reservation system. 16. The League urges the state to make an increased level of road construction funding available to all municipalities subject to state land disposals within their jurisdictions. B. Air Transportation 1. The League supports an equitable approach to state construction assistance for all airports and supports the concept of continued expansions and upgrading of airports, airport facilities and air navigational aids in Alaska. The League urges the state to provide increased levels of funding to provide for these facilities. 2. The League supports municipal acquisition of federal and state lands to provide for needed expansion of port and airport facilities and operations. PART VI MUNICIPAL UTILITIES A. State Regulation 1. The League supports expeditious funding which would make available to the various municipal utilities and cooperatives in the State of Alaska direct grants and/or low interest loans in order that they may immediately be brought into adequate service for the people and that the Alaska Power Authority be adequately funded to meet the needs of the municipalities for water and power source development and distribution. 2. Despite the demonstrated ability of municipal and cooperative utilities to operate their respective utilities in the best interest of consumer public, efforts are constantly being made to subject these utilities to regulation by the Alaska Public Utilities Commission. Regulation by the APUC is an unnecessary infringement on local government authority as well as that of federally regulated cooperatives. The League opposes any legislation which would continually inflict this undue regulation by the state. 11 r- ys .i ...in -jai �,ti .._f�. •.�C .. ,n -_L.—f i"ofi'_--:. w. _ ww� _ - .Jv.— - z�•�L, �' "_-��.�„y �_._3i:."'- �2..r 3. The League supports legislation which would make it clear that municipal and cooperative utilities may include construction work in progress in the utilities base rate. 4. The League supports the concept of direct grants and low interest loans from state funds for the construction of conventional and alternative energy f xources in funding fossil, hydroelectric, geothermal, wind power and other means in order that rates paid by the Alaska consumer for these necessary services may be set at a reasonable level which is within the ability of the citizen to pay. S. The League supports legislative action that has been taken to subsidize alectric power and explore alternate energy sources for Alaska. G. The League supports loans for the financing of construction of power projects in amounts approved by law, at an interest rate not to exceed three percent (3%) and a term consistent with the useful life of a project but not to exceed 100 years and with principal and interest payments commencing on the project power -on-line date. B. Acquisition - > 1. One of the alleged benefits to accrue from the enactment of the Alaska y Public Utility Commission Act was the amicable solution to the service area conflicts between competing utilities. To further this commendable objective, the League supports legislation which would allow municipalities operating utilities to acquire the facilities of a competing utility under specific terms which would fairly compensate the competing utility. 1 C. Water, Sewer And Solid Waste I - I 1. Amendments were passed by the U.S. Congress to allow exemption to the i Clean Water Act with respect to sewage disposal in tide water with sufficient fluctuation. The League opposes any federal regulation for implementing Section f 301 (H) of the Clean Water Act which would unduly burden the Alaska communities � in receiving these exemptions. 2. The League endorses the concept of the State of Alaska paying up to 75% for sewage, solid waste facilities and water systems constructed by munici- palities under the State of Alaska Construction Grant Program. 3. The League endorses an amendment to federal law which would allow the cost i' of sewage treatment facilities to receive general fund support from the State of Alaska and its municipalities. ■ 4. The League endorses the concept of the State of Alaska paying up to 75% of the costs to increase the capacity of existing sewage, solid waste facilities and water systems of municipalities under the State of Alaska Construction Grant Program. S. The League endorses legislative funding of $40 million to fund water, sewer and solid waste grants in lieu of federal grant assistance. 12 RINSERNMVP D. Fresh Water 1. The League endorses a comprehensive effort by state and federal officials to develop alternative energy sources in Alaska, as well as innovative and appropriate technologies, including cogeneration. Specific emphasis should be placed on the uses of these in the provision of sewage treatment and water supplies and solid waste facilities in the state. E. EnerAv Conservation In Municival Utilities 1. The League recognizes the need for applied research and pilot projects designed to conserve energy in municipal utilities facilities and operation. It supports funding for innovative projects in waste heat utilization, re- cycling of solid waste, and conversion of waste to energy and other products. PART VII MUNICIPAL ELECTIONS A. Majority Elections 1. The League strongly supports legislation which would permit a municipality to opt out of the 40% plurality requirement for election to office, and which would clarify the 40% rule for municipalities that continue to use it. B. Poll Hours 1. Experience has proven that extension of polling hours has not increased voter turnout and has been costly. The League, therefore, opposes legislation which would extend the hours beyond the present 8:00 am to 8:00 pm. C. Registration 1. The League opposes legislation which would eliminate or erode the State of Alaska registration system. D. Administration 1. The League strongly supports legislation which consolidates all functions pertaining to elections, conflict of interest and campaign disclosure into one agency. E. Disclosure Restrictions 1. The League opposes campaign and financial disclosure restrictions imposed upon local governments. The League urges the Legislature to review the laws - = making the reporting requirements less onerous than presently in effect. The ' League specifically supports legislation which would exempt from campaign disclosure and/or financial disclosure for elected or appointed advisory boards as defined in AS 29.63.090. 13 .LM1 i a ;I F. Voter Qualification 1. The League supports legislation that would allow a municipality, by ordinance, to require persons to be state registered voters in, and residents of, the precinct, district or service area in which they seek to vote. G. Qualifications For Elective Office 1. The League supports legislation that would include provisions in Title 29 for municipalities to set qualification for all elected municipal officials and to delete that section in Title 14 relating to municipal school board member qualifications. 2. Tha League supports legislation that would amend Title 29 to include reference to the requirements of AS 15.13 and AS 39.50 pertaining to qualifi- cations of candidates. H. Title 29 Revisions 1. The League supports legislation which would clarify AS 29.28.070(b) to specify that signature requirements for petitions be based upon the last regular municipal election held just preceding the date of first circulation of the petition. 2. The League supports legislation amending AS 29.28.070 to provide that the number of signatures required to initiate a petition for recall be 35% of the number of voters voting in the last regular municipal election regardless of population of the municipality. 3. The League supports revision of the reapportionment provisions of Title 29 for clarification, simplification, flexibility and autonomy at the local level. 4. The League supports legislation which would reduce the abuses of recall and would make recall procedures clearer and fairer to the elected official, including provisions to make the grounds more specific:. PART VIII LOCAL GOVERNMENT POWERS A. Local Autono 1. Because certain restrictions currently exist in the Alaska Statutes which impede effective independent local government, the League supports legislation which would promote more effective and independent local government in all organized boroughs and cities, and opposes any legislation which restricts local government powers. 2. The League supports the continued exemption of municipal officials and employees from the lobbying reporting requirements under AS 24.25. 14 r -i .,y 3. The League supports legislation at both state and federal levels placing municipalities in an equal posture with state governments with respect to federal anti-trust laws. 4. The League opposes state restrictions on enforcement of municipal ordi- nances and supports legislation clearly establishing local autonomy in the creation of mandatory sentences and other remedies for violation of local ordinances. S. The League supports the community council concept and also supports legis- lation which would require that the local governing body be the management unit for local community councils. The local governing body should be both the re- quester and receiver of state funds that will be used to fund community councils. 6. The League urges that the state establish the prevailing wage for a com- munity quickly and accurately when requested, taking into account all economic and employment data from that community. 7. The League supports legislation ensuring that local governments are free to adopt, through ordinance or resolution, their own policies and procedures concerning local public records. B. Public Emulovee Labor Relations 1. The League strongly opposes any legislation which would force munici- palities to be subject to the provisions of the Alaska Public Employees Labor Relations Act. The League opposes just as strongly any legislation efforts to dictate the provisions of local public employees labor relations ordinances. The League supports legislation to allow each municipality at any time to reject or withdraw from the terms of the Alaska Public Employees Relations Act. 2. The League opposes legislation imposing binding arbitration on local governments. Such legislation would hinder local governments' ability to determine their personnel costs and prevent local goverment from having complete control of determining the local tax rate. C. Third Class Borough 1. The League supports elimination of language from Alaska Statutes which would allow for the future creation of third class boroughs. Any existing third class borough would be allowed to continue in existence until such time as it reclassifies. The League believes that a third class borough, as currently defined in statute, does not meet standards for a general purpose local government. D. Local Government Stud 1. The League endorses, and strongly supports continued legislative action investigating current and future state/local government relations and finance in Alaska, and the current and future status of local government structures, specifically including the unorganized borough. Maximum involvement of state administrative officials dealing with local governments, local government officials, and residents from large and small cities and boroughs, specifically including the unorganized borough and legislators, is encouraged. is J. - r I i � - _ E PART IX RESOURCES A. Non -Renewable i 1. The League supports a clear policy requiring the processing of state i royalty oil and gas and other natural resources within Alaska. 2. The League encourages the State of Alaska to require the processing, distribution and sale of oil and gas products within the state sufficient to ' satisfy current state consumption requirements at a cost not to exceed costs of production, distribution and sale plus a reasonable return on investment. 3. In response to the energy shortage and its economic impact on the people of the state, the League urges the federal government, the State -of Alaska and League members to design, construct and use their buildings with an emphasis on _..:, energy efficiency. 4. In consideration of anticipated shortages of petroleum products for energy production, the League urges the state to pursue the development of . Alaska's coal resources. S. The League supports legislation which establishes a clear mineral policy to encourage resource development, in -state ore concentration and/or reduction, and protection of mineral land from imposed incompatible land uses. •� 6. The League supports optimum use of gas liquids as feed stocks for in -state; petrochemical development, with coal or other energy sources to be used for the processing. 7. The League supports state funding for municipal acquisition of federal, state and private lands to provide for needed expansion of port facilities and operations. I B. Renewable ' 1. The League requests that the executive and legislative branches of state j� government establish a policy requiring the development and processing of renewable resources in Alaska, and through appropriate inventory and management practices make all renewable resources available for development and processing on a sustained yield basis. .fi. 2. The League requests the executive and legislative branches of our state government to accelerate market studies and market development of Alaska's :r renewable resources. 3. The League supports legislation for the development of an aggressive -= bottomfish program including substantially accelerated marketing studies and market development for Alaska bottomfish products. 4. The League requests the Legislature and administration to adopt, by statute and/or regulation, the policy that hydroelectric energy is one of the most advantageous and acceptable methods of generating renewable energy for use by the many citizens of Alaska. 16 i I S. The League requests legislation establishing a state energy policy, a statute enacting the policy that addresses both rural and urban situations and provides incentives to the development of alternative energy sources, such as, but not limited to, geothermal, tidal, wind power and solar, specific to community needs, giving preference to renewable energy sources and/or new technologies. 6. The League recognizes fish and wildlife as an important renewable resource which has economic as well as recreational and cultural value, and should be protected and developed. 7. The League supports resource development and funding policies which place the highest priorities on the utilization of resources that provide the greatest benefit to local residents and their communities. Resource development projects receiving state assistance that substantially impact communities should be approved by the municipalities. C. Human Resources 1. The League supports and encourages, within the confines of the consti- tution and human resources limitations, any efforts on the part of the Governor and the Legislature to implement an Alaska hire policy. 2. The League encourages the Legislature and Administration to use both human resources and technical resources of the institutions of higher learning within the state whenever possible when not in direct competition with private enterprise. 3. The League supports the development of incentives that would encourage contractors and other employers to train and apprentice local workers and encourage their employment. PART X ECONOMIC DEVELOPMENT 1. The exploration, development and industrial utilization of renewable and non-renewable resources, both inside and outside municipal boundaries, creates a substantial and immediate impact on the need for municipal facilities and services which exceed the financial ability of most municipalities to meet in the short period of time available to have such facilities and services opera- tional. The League urges adoption of legislation which would provide financial assistance to municipalities which are proposed for such impacts. 2. The League supports and urges the Legislature to establish and provide Immediate funding of programs that will create, assist or aid both public and private enterprises to plan, finance and develop job related industries, busi- nesses and facilities that are compatible with the desires of local government. 3. The League supports legislation that will aid in the exploration, develop- ment, and in -state processing of Alaska's raw materials and vast mineral wealth, and urges the state to provide incentives to those industries engaging in in- state primary and secondary processing of Alaska's resources. 17 j 4 r. .t I i i i if 7 %f '"s 1; 4� `. 4. The League supports state grants for local economic development programs. S. The League supports a reduction of state regulation and restrictions against the requirement of redundant information reports for small businesses and local governments. 6. The League supports the continued funding from non-renewable resources for J: small business loans under the Division of Business Loans of the Department of Commerce and Economic Development. The League also supports the AIDA concept where appropriate, but recognizes as well a need for smaller businesses and r` projects to obtain funding that includes working capital, that provides for j lower interest rates, and that is more flexible in its application process and provisions. - 7. The League supports the establishment of agricultural quarantine stations off the coast of Alaska, and off the border of Alaska, to encourage the impor- tation and exportation of agricultural animals and plants. V� a _ , . �. ,:--..ram.,.,,. - -., ,�t.,.r.�...••r-^- -� --_ " _ :_ A RESOLUTION URGING IMPLEMENTATION OF TECHNICAL CHANGES IN TITLE 29 AS IT RELATES TO MAJORITY ELECTIONS AND VOTER QUALIFICATION WHEREAS the deliberations of the Title 29 Advisory and Technical committees point clearly to the fact that there is no dispute in allowing a municipality optional use of a 40% plurality requirement; and WHEREAS voters can be disenfranchised during the absentee voter process of run-off elections due to insufficient time to process the written absentee voter application; and WHEREAS voter qualifications in Title 29 do not secure for the municipalities requirement that a voter be registered in the municipality in which he/she resides and intends to vote thirty days previous to a municipal election; and WHEREAS the Election Policy Committee and the Alaska Association of Municipal Clerks are on record as supporting immediate changes to Title 29 as the Alaska Municipal League proposes in its 1981 policy statement; and WHEREAS the voter qualification change and run-off provisions are needed prior to the October 1991 municipal elections; and WHEREAS the Title 29 revision has been stated as realistically a two year process; NOW THEREFORE BE IT RESOLVED that the Alaska Municipal League draft and support legislation to immediately implement these changes as described in paragraphs A and F, Part VII Municipal Elections, of the Alaska Municipal League policy statement for 1981. 1 0 A RESOLUTION OF THE ALASKA MUNICIPAL LEAGUE URGING THE STATE TO PROVIDE GRANTS, LOW INTEREST LOANS AND RENTAL ASSISTANCE TO ALLEVIATE THE PROBLEMS CAUSED BY THE LACK OF LOW AND MODERATE INCOME HOUSING IN ALASKAN COMMUNITIES WHEREAS there is an inadequate stock of decent, safe and sanitary housing for low and moderate income families and persons; and WHEREAS federal programs dealing with the problem are underfunded, inadequate or non-existent; and WHEREAS decent, safe and sanitary housing is an essential and basic human need and should be a right of every Alaskan; and WHEREAS conventional interest rates make it impossible to construct housing for low and moderate income persons; and WHEREAS the State of Alaska has established numerous low -interest loan and other financial assistance programs to assist business enterprises; and WHEREAS the State of Alaska should be giving priority to programs which meet the basic needs of its citizens; NOW, THEREFORE, BE IT RESOLVED by the Alaska Municipal League that the State of Alaska immediately implement a low and moderate income housing assistance program con- sisting of, but not limited to: 1. Low interest loans and grants to assist in the construction and conversion of cooperative ownership apartments for low and moderate income persons. 2. Grants and low interest loans, or partial interest payments on conventional loans, for the construction of multifamily housing for low and moderate income persons. 3. Rental payment assistance for low income persons. 4. A program to provide technical, planning, financial and other assistance to stimulate an increase in the stock of low and moderate income housing. BE IT FURTHER RESOLVED that the assistance program should focus on those communities with the most critical need for low and moderate income housing. ADOPTED at the General Business Meeting of the Alaska Municipal League held on November 15, 1980. J i ' - 1 a _Milt . CITY OF KENAI -0d igajaieW 4 4"0'-' P. O. SOX 500 MAI, ALASKA 99611 MErMON1 4i9 - 7633 MEI10 TO: HONORABLE MAYOR & CITY COUNCIL FRO14: BEN T. DELAHAY, CITY ATTORNEY r�/�" RE: RESOLUTION NO, 80-179 REGARDING SPECIAL ELECTION AND THE APWMIS-FRAMSTAD LAND MANAGEMENT CONTRACT DATE: DECEMBER 16, 1980 Enclosed herewith are the resolution and contract referred to above. They were placed on the agenda but due to time pressures I was unable to get them into the packet. I hope that you will have a chance to study them before the meeting Wednesday night as they both have many complications in them. BTD/md Enclosures (2) ' 1 6 , y i r t f CITY OF KENAI RESOLUTION NO. 80-179 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CALLING A SPECIAL ELECTION TO BE HELD ON FEBRUARY 10, 1981, FOR SUBMISSION OF A CHARTER A14ENDMENT CONCERNING TIME OF FILING FOR MAYOR OR COUNCIL14AN AND FOR SUBMITTING SEVERAL QUESTIONS TO THE QUALIFIED VOTERS OF THE CITY CONCERNING PURCHASE OF ROPER LEASES TO SECURE LAND FOR DOCK FACILITIES AND POSSIBLE CONSTRUCTION OF A SMALL BOAT HARBOR, ASSUMING RESPONSIBILITY FOR PAYMENT OF OPERATION, MAINTENANCE, UPKEEP, AND REPAIRS OF A SMALL BOAT HARBOR IF STATE FUNDS ARE SECURED FOR CONSTRUCTION, AND APPROVAL OF CAPITAL IMPROVEMENTS FOR STATE FUNDING. WHEREAS, the time for filing for election by candidates for office of Mayor or Councilman are presently set by Charter so close to the election date that by the time ballots are prepared there is not sufficient time to get them delivered to citizens requesting absentee ballots in time for such citizens to cast their ballot and thus, as a practical matter, disfranchising those citizens who are out of the City prior to a period about one week before elections, and WHEREAS, it is desirable to amend the Charter so that every citizen will have the opportunity to vote, and WHEREAS, the Kenai Advisory Harbor Commission is in the process of obtaining engineering studies for the feasibility of a small boat harbor and is seeking State funding for the construction of such small boat harbor, and WHEREAS, it appears that one of the better locations for such small boat harbor and other docking and loading facilities might be on tracts of city land previously leased to Robert L. Roper for periods of 99 years, and WHEREAS, the State of Alaska presently has funds amounting to approximately $643,000 which could be granted to the City of Kenai for the purpose of site acquisition and construction of docks and related facility, and WHEREAS, Robert L. Roper has made an offer to resell his leases to the City for the sum of $250,000.00 which offer will expire if not accepted on or.before February 28, 1981, and 1 y I I 1 - i WHEREAS, it is the desire of the City Council of the City of Kenai, Alaska to ascertain the wishes of the voters on the questions set forth hereinafter, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: That the Council hereby calls a special election which shall be held Tuesday, February 10, 1981, for the ur ose P P of submission of the proposed Charter amendment set out in Section 2 hereunder and to place before the voters.the propositions set forth in Sections 3, 4, and 5 hereunder. T-- Section 2: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the special election called hereinabove in substantially the same form as is set out hereinafters PROPOSITION #1 The first clause of the Section 10-3 of the Charter of the City of Kenai reads as follows: "Any qualified person may have his name placed on the ballot for the election as a candidate for Mayor or Councilman by filing, not more than one month and at least two weeks prior to the election, with the City Clerk, a sworn statement of his candidacy;" Shall such clause be amended to read as follows? "Any qualified person may have his name placed on the ballot for the election as a candidate for Mayor or Councilman by filing, not more than 60 days or later than 31 days prior to the election, with the City Clerk, a sworn statement of his candidacy; Yes NO _ Section 3: That the following proposition shall be 2 submitted to the qualified voters of the City of Kenai at the special election called hereinabove in substantially the same form as is set out hereinafter: PROPOSITION #2 Do you want a small boat harbor, docks, and other facilities built for the City of Kenai if funding for construction thereof can be obtained by the State of Alaska with the City of Kenai to be responsible for payment of expenses of any operation, maintenance, upkeep, and repairs in excess of any income derived from the use of such facility? Yes No ,Section 4: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the special election called hereinabove in substantially the same form as is set out hereinafter: PROPOSITION #3 If engineering studies show soil conditions on Tract B and Tract C, Kenai Boat Ramp and right-of-way dedication, previously leased to Robert L. Roper for terms of 99 years, to be feasible for construction of a small boat harbor, do you wish the City to accept the offer of Robert L. Roper to accept $250,000.00 for relinquishment to the City of those leases, together with the permits secured by him from the United States Corps of Engineers to construct a dock, boat ramp, and additional facilities consisting of a boat harbor, grid, boat ramp, with floats, fueling dock, and sheet and timber bulkheads in the Kenai River and adjacent wetlands in connection with said leases: A. If the City of Kenai can obtain a grant of funding from the State for payment therefor? Yes No B. If the City of Kenai cannot obtain a grant of 3 , }t funding from the State for payment therefor? Yes No section 5: That the following proposition shall be• submitted to the qualified voters of the City of Kenai at the special election called hereinabove in substantially the same form as is set out hereinafter: PROPOSITION #4 Are you generally in favor of the capital improvement projects set in the brochure prepared by the City and aired in public hearings on December 16th, 17th, and 22nd for which State funding is to be sought by the City? Yes No PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of December, 1980, VINCENT O'REILLY, MAYOR ATTESTS Janet Whelan, City Clerk 1 _ i � s �', Anfjj• C" OF JINAt r• x- LANDS MANAGEMENT AGREEMENT THIS AGREEMENT by and between the CITY OF KENAI, a Municipal Corporation of the State of Alaska, P. 0. Box 580, Kenai, Alaska 99611, hereinafter called "City," and JERRY ANDREWS and SCOTT FRAMSTAD, P. 0. Box 1029, Kenai, Alaska 99611, hereinafter called "Consultants," WITNESSETHs WHEREAS, it appears desirable for the City to secure personal consultation and management of its land program, including both the sale and the leasing of City lands, and WHEREAS, City has a large amount of land over and above the land which has been set aside for public use, some of which is restricted from any sale or lease by the instrument by which the City received the land from the Federal Government, some of which has been released for lease only, some of which is subject to long-term leases which require over -site and management with respect to rate redetermination, rental collection, assurance that required liability insurance is maintained, and that other covenants within the leasing agreements are carried out, and WHEREAS. consultants have submitted a proposal to City that they manage said City lands by making a market analysis to project absortion, develop an annual marketing plan with necessary capital improvements and make land use planning recommendations where appropriate, and have indicated therein that they had the necessary education, training, and other expertise to carry out these functions, and WHEREAS, the City has in the past attempted to operate a land disposal program without professonai assistance, and WHEREAS, the City is now in the process of consideration of an ordinance amending its land disposal laws in order to enhance its land disposal program and believes that the expertise offered by consultants in professional management of these lands would have great effect in furthering this program, WW,•THEREFORE, the parties do hereby agree as followss 1. City agrees to furnish a status inventory of lands owned by the City that are available for use, lease, or sale, including City lands which are now subject to leases. 2. City agrees that consultants, their agents, and employees, shall have access to the City land files and use of City equipment for copying such documents as are felt necessary by consultants for furthering this Agreement. 3. Consultants agree to make an analysis of market demand to project an annual rate of absortion of real properties for the City of Kenai. 4. Consultants agree to develop an annual marketing plan with the necessary capital improvements and land use planning recommendations required to facilitate disposition of the land. This marketing plan would include recommendations for performance standards by whoever is implementing the plan. 1 J I ': - I ': - �I fl i s 3 Cm OF ,ENa1 S. Consultants agree to solicit proposals from real estate firms to implement the marketing plan in accordance with recommended performance standards and submit the same to Council. 6. Consultants agree to check all lease applications for City lands for adequacy and if found inadequate to return them to applicant for completion before scheduling such applications for hearing before the Kenai Advisory Planning i Zoning Commission. 7. Consultants agree to review all offers to purchase and make recommendations to the City Manager prior to City acceptance thereof. S. Consultants agree to order and review appraisals to affect new leases or disposition or to affect the redetermination of rental rates to ascertain if current marketing conditions might indicate that a modification of the appraisal might be desirable and to work with the appraiser with regard thereto so that appraisals which are normally based on comparable sales in the past, might more accurately reflect present valuations. 9. Consultants agree to perform a quarterly evaluation of the effectiveness of the marketing plan and disposition policy at the end of each calendar quarter and to make any desirable additional recommendations and implement any changes which may be directed by the proper City authority. This quarterly evaluation shall be in writing and filed with the City Manager within 30 days after the end of the quarter except that an evaluation for the quarter ending June 30th shall be filed on or before the last working day in June. 10. in addition to the presentations required for presentation of the annual marketing plan and quarterly evaluations of the effectiveness of the planned disposition policy, Consultants agree that on request they will make up to 6 presentations each quarter to the Council, Commissions, and public. 11. City agrees to pay Consultants the amount of $4,000 for the market analysis and development of marketing plan to be paid promptly on the submission of the marketing plan to Council. 22. City agrees to pay to Consultants the amount of $500 for each quarterly evaluation of the effectiveness of the marketing plan and disposition policy to be paid promptly on the presentation of such quarterly evaluation to the City Manager. 23. City agrees to pay to Consultants the amount of $2,000 per month beginning with the month of January, 1981, and continuing through the month of June, 1981, at the rate of $2,000 per month payable at the end of each month. 24. The term of this Contract is to be from the date of execution by the City to June 30, 1981. 15. Consultants agree that City shall have the option to continue this contract .for a period of one year beginning July 1, 1981, on payments of the amounts set herein for monthly services and for quarterly evaluations. 2 t V [ THIS AGREEMENT is executed by the parties hereto to be i ; effective on the day of , 1980. ` CONSQLTANTSs " Jerry Andrews I Scott Pramstad i CITYs CITY OF KENAI i Bys ' William J. Brighton City Manager ?1 I f I � CITY Of KENAf '1 3 D