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1983-10-19 Council Packet
Kenai City Council Meeting Packet October 19, 1983 a a, W rnfJ'JYKrI4 .,,•,...� .. „�r,.. ,.nv . 1. r- AGE NUA KENAI CITY COUNCIL - RIJ411LAR MEETING OCTOBLR 19, 19113 PLEDGE or ALLEGIANCE A. ROLL CALL 1. Certification of Election 2. Swearin to of Now Membora 3. Agenda Approval 8, PERSONS PRE5ENI SCHEDULED TO HE HEARD 1, Nancy Courley - Day Care Assistance Program 2. Gerald Sibley - float Plano Baaln C. PUBLIC HEARINGS �T. Ordinance 893-83 - Declaring Lands foreclosed as Dedicated for Public Use or Surplus 2. Ordinance 894-83 - Finding City Owned Lands Not Rulred for Public Purpaae Amended Ord, 894-03 3. Ordinance 895-83 - Incresaing Rev/Appns - Thompson Park 'fits$ Allak# McCollum# Cinderella, fox, Ptlnceoa, Linwood Eat, 91 Resolution 83-141 - Transfer of Funds - interest and ,Retslnage - Airport Terminal Building - $5,575 / Resolution 83-142 - Awarding Contract - Ambulance - fredrick'a Emergency Equip. - 1154#401.55 Rsselullon 83-143 - Transfer of Funds - Rental of Snow Removal Equipment - $7,000 0 MINUTES 1, Regular Mooting, Oct. 5# 1983 E CORRESPONDENCE ' 1. Governor Sheffield - Closing of Div, of Maker Management Office in Soldotne f OLD BUSINESS 0 NEW BUSINESS 1. 011ie to be Paid, Bills to be Ratified 2. Requisitions Exceeding it#DOO Ordinance 096-83 - Amending Kenai Municipal Code - v Leave Accrual for City Employees Ordinance 097-85 - incresoing Rev/Appno - Exerelae Equipment for Roc Center - $11,365 5. Lena* Applicstlon - fisherman's Packing Ina, - Kenai Spit 6/D 6. Amendment of Leave - Don Aaao Uptown flatol N REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clark 5. Finance Director 6, Planning A Zoning 7, Harbor Comaloolon 8. Recreation Coast/ae►ao 9, Library Cosmtooson I PERSONS PREILUT 401 :rCHEDULED TO ISE HEART) ADJOURNMENT I +t T. ;I �a , r �'( Y � /�i" • (T _ i( { . . �- � dam. � I C/} I r i i i ` I i 0 I • a A, r. 10 0 a COUNCIL MEE NG OF i��� % y � f�u�✓ ,fit _ it nrci�oo�c�r��►�� � maniii nor ►����nu�or���i�oo�■ t�►� o►��onut�ot���io�■■ WIN I �, ...,F#„ . i COUNCIL MEETING OF =r to i .r.i � s,b� •:f,/,/�ab.�.<w.. ,. A ,- ; _ - �,. � ti-. . /- � . .•r. le. .: �.a, ,..ri u'� r i a I 1 3 COUNCIL MEETING OF ,}' 1, / 1 COUNCIL MLLTING OP • I I — i ear i - - � _,.. �•.ri ire; .. ,. ' �•, � 1_ 5 f� t a. I f ' ., -'.: r' .oaD.... r.N.. •.r .r fe' .:r.., k.a r .. .-. _.. ... .w .., . .��•. .'.. - r.... .Sw. c—i' �- - - - - .. .. �.�_. Aqwr ' y lot CI IV OF Kl:NAI REGULAR 13 1.1: 1111% IU' III: I I)I1L it 4 19115 WE fill 11CH01:11% OI' fill' KI:NAI I:1IV COIINI:II , IM IIIIIFHY CI'llI IrY lift TIE SIILIq 01• A L'A%VA51i III 111C IIALI01!i 1011 1111 III•I111LAf1 L1.1I;1 IINJ 111 OCIUHRR 4, 1911f. 1 S OR MAYOR UUKE AI:f1tIN{i' 11 I HE I I UL ICK 274 RAY HEA!il.Efi 200 •• TON WAGONER 418 1'OR MY COUNCIL CHERYL CARBON 2O5 :.".... ••......•�.. .... .. r •.r.....n..r�. � Jfs, L. HALL 397 ART HoCOHSEY 228 CHRIS NONFoR 4O6 OZZIE 06119ONE 167 a CHRIS REYNOLDS 105 . ROGER SEIBf"1 172 , PROPOSITION O r YEs 966 NO 275 , - _ SPOILED BALLOTS 1 ARSENTEE BALLOTS 40 CHALLENGED BALLOTS 17 TOTAL BALLOTS CAST 969 MUNALU RAVOR1tdtflC7J�fC , r +'109 ACKINIV, COUNCIL 10151 WAGONER, #L ;f C ;s SAM COUNCIL OATEW October 19, 19O3 ATTE511 009 rn on, , a y r►c - - - — — -- - 9 „ -, Suggentod bys Administration CITY OF KENAI ORDINANCE N0. 893-63 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ` DECLARING CERTAIN LANDS FORECLOSED BY THE KENAI PENINSULA BOROUGH AND DEEDED TO THE CITY OF KENAI AS DEDICATED FOR PUBLIC USE. OR SURPLUS TO THE NEEDS OF THE CITY. WHEREAS, certain lands have boon foreclosed by the Kenai Peninsula Borough and subsequently deeded to the City of Kenai, and WHEREAS, said lands have been reviewed by the Kenai Advisory Planning do Zoning and Parks do Recreation Commissions, and j WHEREAS, these city commissions have made recommendations for the disposition or retention for public use of these lands, and I WHEREAS, the Council shall determine, by ordinance, whether foreclosed properties deeded to the City shall be retained for public purpose. NOW, THEREFORE, RE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENA19' ALASKA, that the following determinations be modes Section 1s That the following parcel, as described below, along with the name and address of their former owner, shall be retained for public purposes for park and recreation sites. Parcel Number Legal Description Former Owner 043-350-01 Tract A, Woodland Hall Conot rust ion Subdivision, Part IV Co. Inc. �'y I Section 2s That the following parcels are declared to be i j. surplus to the needs of the City and are not needed for public i purposes and therefore shall be oold in accordance with K14C 22. Parcel Number Leal Description Former Owner 043-100-05 Lot 7, Mulvaneys Georqe Ray Newton Estancis J 043-040-07 N. 60 feet of E 140 George Dudley feet, Lot 33, Sec. 31, 16N, R11W, S.M. I ' i r 'r 1" 1 ' r t r iirdtnr►or�rt NE1T-f!3 - Pago 2 PASSED BY Till: CUUNC1L I)f fNk CIfY Of' KLNAI, ALASiKA# thto 19th drty ! of not ottor, 1903. �; TN , fl ) At TEST o I 1© on y o t F trot ftrrrtdings aoptomhor 21, 1983 511cood Reatitnrit 0etoNor 19, 1903 E PPor; t t ve Ont of Novembor 19, 1983 00 • . CITY OF KENAI ,.ad eapda� aj 4ia&4a„ /, 0. 80K 180 KSNAI, ALASKA 00611 1SU►NONI US - IFM MEMORANDUM TA$ Kenai City Council FROM s f f L abohn, Land Manager SUBJECTS Foreel000d Propertioa - Ordinance 893-83 DA1Es September 16, 1983 The Kenai Advisory Planning & Zoning and the Parko b Recreation { Commiouiono have recommended that certain foreclosed lands deeded to the City of Kenai be either withhold far public purp000 or sold. Throe pnroolo have been forwarded to Council for a final 13 determination on required by KMC 22.05.090. 1) Tract A, Woodland Subdivialon, Part Us This parcel conaiato of 4,34 acres MA and is presently ---� vacant. A creek meandera through a portion of thin tract. -° Tract A in hounded on the north be Redoubt Avenue And nbuts { 14 subdivided Into within Woodland Subdiviaion, Part IV. Thia parcel ie currently xoned Suburbsrl Reoidential (RS). The Kenai Advisory Planninq de Zoning and Parka h Recreation Commiaoiono unanimouuly recommended that Tract A be retained ifor parklands. 2) Lot 7, Mulvanoya Entancias a Thia lot conolato of .23 acres (10,140 aq, ft.) It is located between Second and Third Avonuen and Haller and McKinl©y Stroeta. A mobile home in eurrently located on thin fproperty. Thia lot is currently zoned Suburban Rooidential i 1 i� a Foreclosed Lando Page 2 3) N. 60 feet of E.140 feet, lot 33, Section 31, 16N, R11w, some Thio lot to 6,420 square foot in size excluding the 33 foot onooment along the onaterly property line. Tho property is located on Cheryl Street (not constructed), esat of Foreat Drive between Fourth And Fifth Avonues. This property is vacant and zoned Suburban Residential (RS). The Kenai Advisory Planning & Zoning and Parka & Recreation Commisoione unonimouoly recommended that theoo two loto are not needed for a public purpose and are suitable for diap000l. Jl3LsjI -11 1 N � r , tT- *C. i t- t Ti%e MAP c- C.%. C3 s en Gomm tr P, �.� Wl. NFINIL -W* , f - 11 .. ,}.- CITY of: KENAI P 0 llo■ r,lrll KI NA1, AI ArMA 000I I 1-1111N) Illu/I 7117 /I131! MEMORANDUM TOs Interested Parties /! �+ FROMs City Clark {' SUBJF.CTs Foroelosed Properties DATES October 6, 1983 You are being notified by certified mail since you are the former record owner of one of the foreclosed properties listed on the attached ordinance. The Kenai Municipal Code and Alaska Statutes require that such parties roceivo a copy of the municipal ordinance that determines which lands are to be retained for public purpose or classified for disposal. Tho public hearing for Ordinance No. $93-83 will be hold by the Kenai City Council on October 19, 1983. This meeting will be conducted in the Council Chambers, Kenai City Hall, Kenai, Alaska, commencing at 7s00 PM. COUIPIOD MAIL Enclooura On October 6, 19830 :nailed to the followings flail Const., Co., Inc. (043-350-01) tax parcel # Box 4085 Kenai, AK George tiny Newton (043-100-05) tax parcel # Box 142 Kenai, AK 99611 Ceorgo Dudley (043-040-07) tax parcel star Route Kenai, AK 1 —01 0 Suggested 13y:Adminietraion CITY OF KENAI ORDINANCE NO.894-83 AN ORDINANCE. OF THE, COUNCIL OF THE' CITY OF KE;NAI, ALASKA, FINDING THAT CERTAIN CITY-OWNt;U LANDS ARE' NOT RE:OUrRED FOR A PURLT.0 PURPOSE. WHEREAS, the Kenai Municipal Code 22.05.010 requires that the Council :shall determine whether certain city -owned properties are needed for a public purpofset and, WHEREAS, the disposition or sale of such landn shall be made only upon finding that said property is not needed for a public purpose: and, WHEREAS, the City of Kenai owns various lands which are eligible for sale or lease and desires to offer said lands to the public: and, WHEREAS, these city --owned lands wore :subdivided for the sole purpose of disposition or sale to interested parties. NOW, THPREFORE, BE IT ORDAINED 13Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the followiny city -owned lands are not required for a public purpose and :shall be made available for disposition or sale: (See Attached) PASSED BY THE C01JNCIL OF THE CITY OF KENA1, ALASKA this Sth day of October, 1983. ATTEST. - First Roadin•Ts October 5, 1983 Socond Readings October 19, 1983 Effactiv: Date: Novembor 19, 1983 r . --..ram... a..�.r.. • ..• . 1, � YJ.. I` 1 i s I j Cook Tnlat industrial Air Park Subdivision Lot 2, Block 1 Lot 3, Block 1 Lot 6, Block 2 Lot 7, Block 2 Lot 8, Block 2 Cook inlet Industrial Air Park Subdivision No. 2 Tract a Tract C Etolin Subdivision, First Addition Lot 11 Block 1 Lot 2, Block 1 Etolin Subdiviaion, Third Addition Lot 91 Block 1 Lot 10, Block 1 Lot 11, Block 1 Spur Subdivision No. 1, 1983 Addition Lot 3A Lot 39 Spur Subdivision No. 4 and Replat Block One Spur Subdivision No. 2 Lot 4 P.B.O. Subdivision Lot 9, Block 1 Lot 10, Block 1 Lot 11, Block 1 Lot 11 Slock 2 Lot 3, Block 2 Lot 4, Block 2 Lot 5, Block 2 Lot 6, Mock 2 Lot 7, Block 2 Lot 8, Klock 2 Aloynaka Subdivision, Pact Throo Lot 2 Gusty Subdivision Addition No. 1 Lot 4, Block 1 Lot 5, Block 1 Lot 1, Block 2 Lot 2, Block 2 Lot 3, Block 2 Lot 4, Block 2 ,r A It U t e r .. -.., . - � „ .- r ., . . r .r � , .ew•a._.�_. �,-�i.n- �.cr,..�� ....cam '�. � =:.c.- .�;: Z _ _._ �'.. -�^ *• — � ' „w.:�,..1`-. r ..�.-.!i' .per".-w.-.� r :,� .. _ , , i w1F_.-r r , r ' It , ' 1 1 "`/'0� fi n I •. K }♦' Ij' d F d II . , 1 . /1 ��,r..�.� .. . ., ' . ./ , -, ` . rr rr got ss ,.•. ,yi T t t / I I I ~ll � � ? '1 9• ti • r� �� ¢ + 1/IlI, ! /1/ L/rt via r '. 11{�/,/f ,Rj ��, .r'rIY.. 11 .�f'r, `� d� •r �' /s 4`t off00 ►ibl SPUR ,oi 1 `.:,/ I M ♦ ..zr .�I �'�, + ,' ��+ , ;,A/� �iAnec;6 �`'� - All• r� `l,,�.)� .T • ',/I r 1� 1 1 1 . I. •, w / �� 'r Y I' /�`.' V„n r�l� i/,y�%it /' a O.�•a Ihtt 1 • • L " ,{�/' JJ ARMALEY alto i •'! rly N • w �, .I , i• � �y rinl ..� ` ` /•!.,, � .fir..... •L ,,� � �, ,r,�i .y�:� � •,7;� 1 •',f /•.1 1/ j �s,rA,i, ,j Ji woo f� I r �S i �� 1 1 ♦ a•` ol af,{�r♦uV ai orsr YamL // '{ : rj A011 R i t f 1 1 I I, Y i i Rio o i AME NOEF) ORDINANCE Suggtitsted BysAdmtniatratior► J CITY OF KLNAI ORDINANCE NO. 894-83 AN ORDINANCE; OF lift; COUNCIL OF Tiff. CITY OF KENAI, ALASKA, FINDING 111A1 CERTAIN CITY -OPINED LANDS ARE NOT REQUIRED FOR A PUBLIC PURPOSE, WHEREAS, the Kenn! Mtinicspnl Code 22.05.010 ruquiren that the Council shall determine whothor certain city -owned properties are needed for a public purp000, and WHEREAS, the diopooition or €sale of such landa shall be made only upon finding that staid property io not noodod for a public purp000, and WHEREAS, the City of Kenai owns various landn which are eligible for oelo or lonau and daairea to offer said lands to the public, and WHEREAS, th000 city -owned lands were subdivided for the sole purpose of dieponit ior► or onle to interacted parties. J NON, THEREFORE, BE IT ORDAINED BY THE COUNCIL Of THE CITY OF KENA19 ALASKA, that s Section 1s The deacrtbod city -owned lands are not required for a p-01—sepuriioue and are available for lanaos Cook Inlet Induotrial Air Park Subdivision No. 2 Tract li Tract C F,B4O, Subdivision Lot 9, Block 1 Lest 10, Block 1 Lot 11, Block 1 Lot 1, Block 2 Let 3, Black 2 Lot 4, Block 2 Lot 5, FF lock 2 Lot G, Block 2 Lot 7, Block 2 Lot B, Block 2 i � v ry y Y r --;� car.; :�._ • r _ • Tom...` Ord. 894-83, Pago 2 Gusty Subdivtsson, Addition No. 1 Lot 4, Block 1 Lot 5, Block 1 Lot 1, Block 2 Lot 2, Block 2 Lot 3, Block 2 Lot 4, Block 2 Gusty Subdivision, Addition No. 2 Tract B Tract C Section 2s The described city -owned lands are not required — for a public purpose and are available for lease or sales Aleyesks Subdivision, Part Three Lot 2 r r. X j _ e _ 1 r, f' Cook Inlet Industrial Air Park Subdivision Lot 2, Block 1 Lot 3, Block 1 Lot b, Block 2 Lot 7, block 2 Lot 89 Block 2 Etolin Subdivision, First Addition Lot 19 Block 1 Lot 2, Block 1 Etolin Subdivision, Third Addition Lot 9, Block 1 Lot 10, Block 1 Lot 11, Block 1 Kenai Spit Subdivision Lot 1 Sprucewood Glen Subdivision Tract A Tract 0 Tract E Spur .Subdivision No. 1, 1983 Addition Lot 3A Lot 38 0 J j �i„ 1 � Ord. $94-63, Page 3 Spur Subdivision No. 4 and Replat Block One Spur Subdivision No. 2 Lot 4 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA thin 5th day of October, 1983. O , MAYOR i — ATTESis i i Janet Whelan, City Clerk First Readings October 5, 1983. Second Readings October 199 1983 ! y Effective Dotes November 19, 1983 1 0 • i t I ( is f { = - I - f 1 r t , a. i pVBLAC. v"0 ., „ /•,�•/ r Imo'+ 1 ettr � r •� • • toll or mclum NW1' -�; •• 'w� ni'trr i�'•S.%•::rir %'/?';:S ,�: PVi{ /to oil IDA 1 • • I•, ,n / •0 Y, ,� ) 100 IN IOT it Mr•O�M� i A-- ��Rf.r. •,�_� ¢ � 1 I7 ♦• (p/fit •T , t •••. , •, ::!• •- - C- 3 SugUent ed by s Administration E CITY OF KENAI ORDINANCE NO. 895-83 i AN ORDINANCE OF THE. COUNCIL OF THE CITY OF KF.PiAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE THOMPSON PARK STREETS CAPITAL PROJECT FUND AND IN THE ALIAK, McCOLLUM, CINDERELLA, FOX, PRINCESS, AND LINWOOD EXTENDED CAPITAL PROJECT FUND. � WHEREAS, the City han received a municipal grant (1/8-581) from the State of Alaska for road improvements in the amount of j $1,487,000, of which $741,000 has already been appropriated, and WHEREAS, the City has received another municipal grant (08-742) from the State of Alaska for road improvements in the amount of f $600,000, and WHEREAS, Council desires to appropriate these monies for f construction of these two projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as followss E Thompson Park Streets e. Increase Estimated Revenuers { 1983 Road Grant /18-581 JL46.1JqO0 . Increase Appropriations: �! Adminiot rat ion $ 1,000 (- Inspection 70,000 i' Construction 640,000 -''- Contingency 35,000 Aliak Mr_Cnllum Cinderella e Fox Princtis .16.000 �"'�' I > and Linwood Lxtended Incre-aae Estimated Revenueu: j 1983 Road Grant #8-742 1600AfQTI i 1 ' Increase Appropriations: Administration $ 1,000 ,{ Inspection 60,000 _o- Conat ruck ion 509,000 Contingency 3021300 f -f. Ordinance 095-83 Pago Z PASSED HY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thin 19th day of October, 1963. ATTESTS i Janet Whelan, My L or - Firat Readings October 5, 1983 Second Readings October 19, 1983 Effective Dotes October 19, 1983 I i I � M � ----weir 410 t , Suggootod keys Adminintration I CITY OF KENAI RESOLUTION NO, 83-141 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE AIRPORT TERMINAL j i EXPANSION CAPITAL PROJECT FUNDS -- I Froms Cont ingency <$5, 575> - Tos I j Conotruction $59575 . This tranafer providou monoy to pay interest on reteinago held by the City during oxpanaion of tho Airport Terminal Building. PASSED BY THE COUNCIL OF THE CITY OF KENA19 ALASKA, thia 19th day , of Octobor, 1963. • I TOW-MWElt-q MAYOR ATTESTs 3unut Whelan# City clerg Approved by Finencos v s R' l( xr ! 1. 1, I ('�4t l t L r/ � i ) Suggussted hys Adminiistrat ion % CITY OF KENAI RESOLUTION NO. 83-142 A RESOLUTION OF THE COUNCIL Or THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO FREDRICKS EMERGENCY EpUI11MENT FOR THE PURCHASE OF AN AMBULANCE IN THE AMOUNT OF $549401.55. WHEREAS, on October 5, 1983, btdo were opened for an ambulance, no followas Bidder Bid Price ePc er Fire Equipment 3 Fredricks Emergency Equip. $54,401.55 (incl. custom box) Safety Inc. 62,355.00 McPherson Supply 540700.00 WHEREAS, the State of Alaaka hon awarded a grant to the Southern Region Emergency Medical Services Council, Inc. (SREMSC) in the amount of $559000 for the City of Kenai to purchaoo an ambulance, and WHEREAS, the SREMSC will pay the vendor directly for the ambulance, but requeato that the City of Kenai award the bid, and WHEREAS, the lowest responsible bid that does not contain major exceptiono to the bid specifications is Fredricks Emorgerscy Equipment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thats Section 1s A contract be awarded, on behalf of the SREMSC, to Fredricks Emergenc-'� y €qut'pment for the purchoae of an ambulance in the amount of $549401.55. Section 21 The SREMSC is requested to send payment directly to the vendor upon accep anc�the ambulance by the City of Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA thin 19th day of October, 1983. M Y 'UN " , MAYUR ATTESTS Jolut Whelarit City er Approved by Finances a oa i t 4 U � • f r K 1 a , s, c _0 j� Suctgontotl hy= A(Iininlntrntlnn CITY 0f KENAI RESOLUTION NO. 83-143 i BE IT RESOLVED BY THE COUNCIL Of THE CITY 0f KENA1, ALASKA THAT THE FOLLOWING TRANSfF:it Of MONIES BE MADE IN THE19Q3-84 GENERAL j FUND BUDGET: from s Contingency <$70000> Tos Streoto - Rentelo $70000 This transfer providoa monay for rental of onow romovol equipmont. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA thin 19th day of October, 1983. I Tom Wagonor, Mayor ATTEST: Janut Wholant ("ity ULM APprovod by F inancos eOQ y n AGLNOA KENAI CITY COUNCIL - REGULAR MhETING OCTOBER 5, 1983 - 7s00 PM .• i PLEDGE OF ALLEGIANCE A, ROLL CALL 1. Agenda Approval B. PERSONS PRESENT SCHEDULED TO HE HEARD 1. Paul Rona - Speed Limit Signs in Woodland 2. Tim Wisniewski - Chriatmao Docorstiono in City 3. Dorothy Lee - Report on Mussum Committee 4. Mike Horton, TAMa - Boat Ramp C. PUBLIC HEARINGS 1. Ordinance 863-83 - Amending Kenai Municipal Code - Utility Locations Within Rights -of -Way 2, Ordinance 892-83 - Increasing Rev/Appno - Federal Revenue Sharing - $2570829 3. Ordinance 893-83 - Declaring Borough Foreclosed Lando to Public Una or Surplun 4. 'Resolution 83-137 - Transfer of Fundo - Airport Fence Repair - $49000 5. Resolution 83-138 - Tranafer of Funds - Legal Dept. Asaiutant for Two Montho - $3,850 6. Rosolution 83-139 - Eatabliahing Fee Schedule for Recreation Center 7. Rosolution 83-140 - Tranofur of Funda - Patch City Streets - $5,000 B. Tronofer of Liquor Lieonoo - Katmai to Pineu Club 9. Request for Liquor Licenae - Peninnisla Moone Lodge I11942 D MINUTES 1. Regular MeetinH, Sept. 210 1983 a. Verbatim, Sept. 21, 1983 h x, .. . E. CORRESPONDENCE I 1. Office of the Governor - Goule for Alauka Report - F OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, 81110 to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 894-83 - Declaring Certain City Lends not Noeded for Public Une 4. Ordinance 895-83 - Appropriating Rov/Expend. - Alisk, McCollum, Cinderolla, Fox, Princess, Linwood Ext.1 Thompson Park 5. Lease Amendment - Konai Air 6. Assignment of Lease - Glacier State to Snelson Cos, Inc. 7. Amendment to Lease - FBO S/D, Lots 1 through 3,8lock 1- Dan Pitts S. Approval - Airport Fence Repair - Change Order 03 Alaska Fence - ($2,100) H. REPORTS 1, City Manager 2, Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7, Harbor Commission S. Recreation Commission 9, Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT IN tiz , / w.rt�l rr yr ^ p:�SXIA,,�ir,y.AjMY� 3 KE.NAI CITY COUNCIL, REGULAR MEETING, MINUTES OCTOBER 5, 1903, 7sCO PM KENAI CITY ADMINISTRATION BUILDING MAYOR RONALD A. 14ALSION PRESIDING PLEDGE Or ALLEGIANCE A ROLL CALL Prenontt Ackerly, Bailie, Glick, Moualen, Wagoner, Nino, Malaton Absonts None A-1 Agenda Approval a. Mayor Malaton noted the memo distributed this data regarding item C-2, Ord. 892-83. b. Mayor Malaton asked that item C-3, Ord. 893-83 be postponed till the Oct. 19, 1983 meeting. o. Mayor Holston noted the Item listed no G-5 in the packet is G-4. G-5 wee distributed thin date. Changes and corrections were approved an oubmltted. ADDED ITEMS Vice Mayor Mesoles presented Mayor Malaton with a plaque and proclamation of appreciation for his terms as Councilman and Mayor. 8 PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Paul Rosa - Spood Limit Signs in Woodland Mr. Paul Ross woo not present. Chief Ross sold he and Public Works Director Kornells had discussed putting signs at the entrance to Woodland. 8-2 Tin Wisntewski - Christmas Decorations in City As Chairman of the Beautification Committee, Mr. Wisnlewakl explained the committee would like to have Christmas decorations to enhance the City and bring In the Christmas spirit during the holiday. They would like to hang them from the light poles. They would be $200 to $400 a piece. They would need close to 40 to do from Dairy-Ouoen to Tesoro, and Willow from the gas stations to the airport. The total cost would be about $11,000. They oleo suggested displaying wreaths and decorating windows. City Manager Brighton had said there may not be manias available thin year, perhaps the Council could think about it in the future. He will be getting the information coon. Council took no action. 8-3 Dorothy Lee - Report an Museum Committee They had their organisational meeting Sept. 27. Mrs. Porter has applied for the $6,000 grant. We have not got it, but it is spent, Al York will got or build a aced for the museum, and will donate other artifacts. Loretto Breeden will donate artifacts, Peter Kalifornsky will contribute history and books. The forestry Service gove us 8 posters for the children's corner. Councilman Wagoner suggested the fishing boat on the gross strip could be put in the compound, Mo. Lee explained +ihe wan the troauurer for petty cash, and passed a but for donattunn. 8-a Mike Horton, TAMo - Boat Romp Harbor Commission Chairman Williams explained Into has been called because of buotness that should have been taken care of and woo not, the contractor has requested extra charges. The Harbor Commission was not informed of thin nor did they r� I I 1 0 -/ . f f�2 . 4 _ rt 9 r KF:NAI I:ITY COI1Nf'II. OCTOBER 5, 1983 Page 2 approve the oxtra work, tAHo in not reopens Ible for inupor.tinn, the City In. the Public Works Dept. to responsible for extra work and inuper.t►on. The Harbor Commission loon not want to tree their monion for thin, they were given to them for a spoelfic purpose. He suggested the City pay for thin an the work woo not nocoonary. Mayor Holston asked Mr. Horton, why did they overlook the bulkhead? Mr. Horton replied, 2 change ordora have boon Issued. Regarding the placing of typar In the general parking area, hot did not include that. His intent woo to ro-grodo. lypor to generally to prevent putting in s third gravel pad. There wan already a gravel pad. They did include under the bout romp, but riot In the parking area. Regarding the bulkhead, It is not in great shape, but in oufficient for the purpose. It is only 4 ft. high. The i steel pipes holding them are in good shape. They did not want to spend money on anythinq they had to pull out later. If it did fail it would not be a problem an It to not high. There Is only a bulkhead on one side. if It did fall It would gust be a natural incline. They were not overlooked. they did not feel the service float needed to be replaced either. They should have cost reports soon. Originally they did not include any fill, It was requested by Public Works Director Kornelis. They thought it woo a reasonable request. They are attempting to spend the minimum possible. I He did not see any reassert why they could not drop some of the planks on the Coyle property In there. The area up -stream may be City property. There could be a natural slope the same so the other side. He would have to check ownership. Councilman Wagoner naked If the change order was approved. Mr. Horton replied the typar was. He has boon down there, he does not see the reason for it. Councilman a '� Ackerly asked for on estimate of total cost. Mr. Horton t replied, $180,000 is the engineer's estimate. The bid came 1! in over estimate. Councilman Ackerly naked If that ' concerned him. Mr. Horton replied yes. He thought It was not worth over $200,000. He slots thought there would be more interest. It did seem a job tailor made for a local contractor. Mr. Kornelis said they determined the typar woo necessary because they felt the parking lot was very bad. 1 They wanted to uoe typar where they enlarged. The change 1 order woo a small amount, it woo just In the bad areas. Mr. Horton sold that was something they could not predict. ADDED ITEMt Mayor Holston noted the government students in the audience. C PUBLIC HEARINGS C-1 Ordinance 863-83 - Amending Kenai Municipal Code - Utility Locations Within Rights -of -Way City Manager Brighton explained, all of the utility companies have written to Public Works and paid they were in the height of their season and cannot meet with the City. Public Works has ookod for a postponement till fob. 1, d 1904. MOfIONt Councilman Wagoner moved, seconded by Councilman Ackerly, to pootpone action on the ordinance till Feb. 1, 1984. There vas no publle carr+x rt. Motion pa000d by unanimoun conaont. Councilman Measles ouggented there be a stipulation thin will be the lout postponement, with or without input. Council agreed to the suggestion. 'i r �l m 1- l� r r KENAI CITY COUNCIL OCTOBE R 5, 1983 Page 3 C-2 Ordinance 092-83 - Increanrnq Rev/Appnn - Fndnrnt Itnvenun Sharing - $257,829 Mayor Molaton noted a raquent for an additional $9,000 wan added thin date. City Manager Brighten explained throe monion worn appropriated previounly, but reverted bacaune the buildinga did riot got movod. lie nuked to have the monioo roapproprtatod. NOTION: Councilman Menoloo moved, nocanded by Councilwoman Glick, to adopt the ordinance. NOTION, Amendments Councilman Meaeles moved, ooconded by Councilman Aekorly, to amend the ordinance to add $4,000 and $1,000 per memo distributed thin date. VOTE, Amendments Motion panned unanimously by roll call vote. There was no public comment. Councilman Wine said he objected to spending monies given to the City as a whole being spent on activitioa that are not City-wide. VOTE, Plain Motion as Amended (Passed): Vass Aekerly, Bailie, Nessleo, Wagoner, Holston Nos Glick, Wtoo C-4 Resolution 83-137 - transfer of funds - Airport Fence Repair - $4,000 MOTIONS Councilwoman Glick proved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Notion pssoed unanimously by roll call vote. C-i Resolution 83-138 - Tranafer of funds - Legal Dept. Assiatant for Two Months - $3,850 NOTIONS Councilwomen Glick proved, oeeonded by Councilman Ackorly, to adopt the rovolution. There was no public comment. Motion pssoed unanimously by roll call vote. C-6 Resolution 83-139 - Establiahing Foe Schedule for Recreation Center - NOTIM Councilwoman Glick moved, accanded by Councilman 1loaulan, to adapt the revolution. There was no public comment. Ir,. n ie J f ` �r/t`•ro,. r,,,Y?,'f�:.V+r;1'JJ'r+',d�n)1 f f , r - E, r Ki:NAI CITY (:011NC11 (1CT(111f.H h, I'm$ Page 4 Heereat►on Director MvG►liivroy expinlned thin "no Mondry through fridoy, Mayer Nolnton aoid they were hnvinq difficulty workinq out the fee echndule, NOTION# Nobles Councilmon Wagoeor Moved, neconded by Councllman Wian, to table action till the lot week in Novembor and have Adminintration fiend it back to the Recreation Commisaton, NOTION# Additions Cnunellmon Wagoner moved, with enneont of neeondt to change the date to the lot meeting In November, VOTE, To Tables Motion panned by unantmoun conanot, C-7 R000latlon 03-140 - Tranafer of (undo, patch City 4treete- f5#00O MOTION$ i Councilman Mssnioa moved, cofounded by Councilwoman Glick, to Adopt the r000lution. PUBLIC COMMENTS 7ohn Williams, fit asked if Lawton and Walker were to bs repalred, pi►blle Works 0lrentor Koroelia replied, by the F contractor. Mr. Williams noted when the asphalt was laid, a criteria was establiahed that It would not be out open p for a poriod of time. Why was it out? Mr. Kornella explained, the City did not request It. PH Code allows b-plsxen on residential lots. When the City goes through, they do not know the number of buildings, On Walker Lane an Individual built a 4-plsx end needed a lsrgar lint, Ths {4,000 to included to this. There at 3 areaas Cyprasa - tower line Walnut h Elm - storm drain sapwood - sewer tins Also, the hot mix was in the wrong budget item, Councl lman Ackerly asked if the hole by the Court Holton could Ito filled. Notion poosed by unaninioun conoont. C-8 Trsnafsr of Liquor Licence - Ketmei to pines Cloth Clerk Whttiao reported all t-axon er.r c##rrnnt. with both b►soinoaaos, NOTIONI fl Councilwoman Glick moved, nonondad by Councilman Wagoner, t to fiend a letter of non -objection to ANC regarding thn pinoo. Motion panned by unanimoun conorrnt, B C-9 Krrgnoot. for Liquor Lsranue - peninttuln Mnorirr t.n,iyo 011142 J i NOfIONs Couneliwomon Glick moved, aenooded by Counetinin Ackorly, i to remove t1►e requent from the table. I I r = n r 1 I 4 i ,try •rY • a-r7r+iRSMf�•r'�,: it' �r t; 5i v. / nrJt KCflAt CITY COUNCIL OC100fR 5, 1903 Page 5 Notion paaaod by unantaoun nonn"nt, Clerk Whelan rnpertod the; dlfflnulty hen heron cleared up, all toxeo ern ourront, t101 tONe Councilwoman 01lok moved, eecondod by Councllaran Meaoles, to sand a letter of non-ob,joetlon to A0C regarding the Nona". Councilman Ackerly aokod, how Could they he in bualoaaa without to 110enae9 Att.y, Rogers explained they had naked for a license lost year and thought they had it. They were shut down, they had a popor work onefu they era trying to straighten out. Notion passed by unanimoua conaont, 0 NINUiK!i 0-1 Regular Meeting, Unlit. 21, 1903 Ttinuteo were approved as oubmlttod, K CORRE5PUNOKNCK f•t Office of the Governor - Goals for Alanks Report Council took no motion. f OLD RU5101900 None 0 NEW OUOIN900 0-1 Gills to be paid, 0111s to bo Ratified NOTIONI Councilwoman Glick moved, seconded by Councilman Wagoner,to approve the bill@ es submitted, fiction passed by unanimous cunuont, 0-2 Requisitions Kxceed/ng $1,000 Roxording PO added this date, Public Works Director Kornells explained, the cost per light is MO. it IN a not•to-exceed figure, fie otated the figure for 5 lights should be "O, N011ONt Councilwoman Glick saved, seconded by Councilman Moaoloo, for approval of the requisitions to Include Atrtech for $2,500 for repair of street lights, Motion paeued by unonlmouo conoont. G-3 Ordlnsoce 094-01 - beclaring Certain City Lando not flooded for public Guy MOT1001 Councilman Nenales mnvod, nocanded by Councilman Ackorly, to introduce the ordinance, n „•tM4►M1awNN�M,'•�%s �1rYM'MIN�Y.� v ' • •"WT.4�ww�r�gy� %n.�aisKtv7li71j I� S; i —o l KFNAI C11M COUNCIL Ilfilllltt'll 4, 19115 POOR 6 Councilman Nino auggented floe Ordination be clarified, it seems to imply all londn are for note, Soma are for loaan only. CnunclI ngrned to the nuggooflon, Motion pnoued by unanimous conannt, 0-4 Order -anew 999-03 - Appropriafinq Rev/Expond - Alluk, McCollum, Cinderella, fox, Prinenuo, Linwood f:xt.l ihompaan Park MUTION1 Councilwoman 311ok moved, seconded by Councilman Meaelea, to introduce the ordinanoe. Notion pacood by unanimous cononnt. 0-9 Loses Amendment - Kenai Air MOTION! Councilman Menales moved, seconded by Councilman Aekerly, to approve the lease amsr,dment, Notion passed by unanimous consent. 0-6 Assignment of Leese - Glacier State to Sneloon Cos., Inc. Atty. Rogers explained, the assignment will be to Snelson, but there will be a rental by than to anotber, The leave is specific for poles, he will bring on amendment. It will be used for a vehicle impound yard. N0110N1 Councilmen Msvales moved, seconded by Councilman Acksrly, to approve the assignment of lease. Notion passed unanimously by roil evil vote. 6-7 Amondment to Leave - FRU S/t), Lots 1 thru 3, block 1 - Dan Pitts 010110141 Councilman Ackerly moved, seconded by Councilman Moselvo, to approve the amendment to lease. Notion p0000d unanimously by roll call voto, 6-0 Approval - Airport Fenno Repair - Change Order /3 - Alooke fence M011941 Councilmen Meoelea moved, necanded by Counnilwaman Glick, to approve the Chang” order, Councilman Wagoner Raked why we fond to qn tbreugb the change order proreou for credit? Atty. Rogera explained, it deoo constitute R el,ruu)e to the cunt reef , Motion panned by unnnimaun e.aneert, M RE➢OR14 .r 7 I I i ..,wi�w.�.�e�ont•�+aewvrr� �Iw►sJ�'t) R, • f„ r, J , i f, KENAI My VOONCI1. OCIOOFR 5, 1')Ol Page 1 H-1 City Manager City Mannlor Brighton sipoko. (i. Gov. fiheffield will he In the (iron Oct, 15. Council 10 Invited to a no -hoot breakfast in yoldotns sod a no -hoof, lunch In Kenai. b. lie distributod come Informational pamphlets for the new eouncilmombera, results of provioun public opinion polls, notice of Fire Prevention Week and a summary of the use of Ft. Kenny. C. There is a problem with the Day Care program. Allocations were mode by the State booed on the number of day care centers in a city, not an the number of recipients, Soldotno tied $O0,00O, Kenai had $31,000, Kenai will run out of money in Dec., before the and of the fiscal yesr. $40,O00 will carry them through. Soldotno is f40,O00 over. They would like to re-eiloeato the funds or make it borough -wide. There will be difficulty in getting a ro-allocation, the Soldotno surplus will be distributed by the State to other areas. Soldotna ban no objection to re -allocation. d. He will be having a meeting with Joss Hall and Chrta Mentor in City Hall for an oriontatlon. Councllmembern are invited to attend. e. Councilmen Ackerly suggested while the Governor is here, that he be shown the boat harbor. Thor@ was some diseuor►lon that the City is not Interested In a boot harbor. f. Councilman Wlse asked nbout the Wernke problem (fence in right-of-wsy, Redoubt 5/0). Land Manager Lobahn explained, the plat says the walkway was dedicated for public use. She can fence to the area or petition with the other land owners to vacate, It Is public but the City ban not assumed maintenance or upgraded it. Councilman Navajos asked, since it is dedicated for public line, what Is the status of utilities installed on the property? Mr. Labahn replied, nccordlnqq to the plot, that should not be there. Public Works Oireetor Kornelis said we can request they relocate but they will probably relocate in front of residents. q, Councilman Ackerly asked about the end of Toyon Way, Mt. Kotneiis onid it in dedicated but only maintenance oil the pavement, Horicon Conot, hoe put in meter It sewer but it is not coapiate, Councilman Ackerly naked if it could be graded before Winter. Hr. Kornolin explained it bus not been accepted yet.. h. Mt. Brighton asked Council to review Lend Manager Labehn'n memo regarding investigating of Noeoe Range property. I. Councilwoman Glick naked about the driveways and culverts problem in Linwood area, Mr. Brighton replied the engineers and contrar;for working on those otreetq hod been putting back in the driveways they took rut, The onglnonrinq firm woo not adherurq to Council renolfit Ion, Tile odditionr,l coat for the City to put back as they were would he about $6,60O, tlavinq gone an for no they had, Admintutrat,ion recommended they continue. We lost money either way. 9 1� .. i • I <, I..n:f.•bv.�y.ti;{:rJ1l,':aIAM.Ysrrihr•w•r•d,, I 91:NAI City ('011NC 11. ()Clllilt'R ti, 19111 P ago 1) 11-1 Attorney Ally. ltogero nut oil the Notion of Iltilsty Applioatlon lie for Counoll Information. H-3 Mayor Mayor Mnlut on npnke, a. lift rile emmende(I Nikn Ihomon for atudont ropronontative to tho Reoreatlon Comminnion. Council approved tho rooa{amondntlan unanlmounly. Clerk Nhnlun wan nuked to uond a letter to Miles thoans. h. Ile requonted a joint work ccualon with Ph/. for Dot. 12, 190) at RIM Council agreod. 11-4 City Clerk of if any Counellmember wlahed to attend the DEC dinner, plesee contact her. b. There ore still some Counclimemhere who have not mad# their Munlelpai Lesgue reservations yet. Ploua# contact the Clerk uu noon no poenihlo. e. 8he apologl:ed for the condition of the packets again. Copies ware made early to keep the machine from hoing ovorwarkad and the numbers; were changed. M-4 Finanoo Diractor None M-6 Planning b toning Nona 14-7 Harbor Commlanlon None 11-0 Reoroation Commloolan Nono N•9 Library Commlonlon Troy Caotlmore said they are working on a uroponal, tho library to ovorcrowded. It will too a plan for the nn%t few yesrs and is lung range plan. I. PERSONS PRESENT NOI SCHEDULED 10 DL HEARD s. Couneilson Wagoner lutt.+d that the lot mooting in Nov. will he during Municipal 1-nogue, Mr)110N1 Councilman Wagoner (novod, norondod by Councilman Meaolno, to have the Noveml)or Connell montingn on Nov, 16 and 110, Motion panned by unnolmoun roniont. I I <, I..n:f.•bv.�y.ti;{:rJ1l,':aIAM.Ysrrihr•w•r•d,, I 91:NAI City ('011NC 11. ()Clllilt'R ti, 19111 P ago 1) 11-1 Attorney Ally. ltogero nut oil the Notion of Iltilsty Applioatlon lie for Counoll Information. H-3 Mayor Mayor Mnlut on npnke, a. lift rile emmende(I Nikn Ihomon for atudont ropronontative to tho Reoreatlon Comminnion. Council approved tho rooa{amondntlan unanlmounly. Clerk Nhnlun wan nuked to uond a letter to Miles thoans. h. Ile requonted a joint work ccualon with Ph/. for Dot. 12, 190) at RIM Council agreod. 11-4 City Clerk of if any Counellmember wlahed to attend the DEC dinner, plesee contact her. b. There ore still some Counclimemhere who have not mad# their Munlelpai Lesgue reservations yet. Ploua# contact the Clerk uu noon no poenihlo. e. 8he apologl:ed for the condition of the packets again. Copies ware made early to keep the machine from hoing ovorwarkad and the numbers; were changed. M-4 Finanoo Diractor None M-6 Planning b toning Nona 14-7 Harbor Commlanlon None 11-0 Reoroation Commloolan Nono N•9 Library Commlonlon Troy Caotlmore said they are working on a uroponal, tho library to ovorcrowded. It will too a plan for the nn%t few yesrs and is lung range plan. I. PERSONS PRESENT NOI SCHEDULED 10 DL HEARD s. Couneilson Wagoner lutt.+d that the lot mooting in Nov. will he during Municipal 1-nogue, Mr)110N1 Councilman Wagoner (novod, norondod by Councilman Meaolno, to have the Noveml)or Connell montingn on Nov, 16 and 110, Motion panned by unnolmoun roniont. I 1 r i . 1 I I 0 r:[;>ry,��rr��:,t✓IYW .Y �..w.f,(/roRj,t�%ir.., I � �,C«r�•�M.rrrr,n•>r_;7�w'lwwis�r�4nS+lq I i } vG 3 ri 1 i IV Nf:NAI f!IIY CfIIINC11. UC 1 UUf it A t I'm ! Page '1 1►. Councilwoman Glick cnngralulaled new Cnufleilmomhorn Nall and Monfort and flow Mayor woganer. AA.)UUNNMf:Nti Meeting adjourned at 91111 PH. agnNf Whelan City Clark 11 q i r i I ' t ' , �til•3i / rl y1Y• 'I !• ,l,ll j� 5 11 09VRpNtJ1/ �� v j.f1�l HTAT1L osp A1,AMKA nIYtGR n/ r/fe 6nVERg9H riltx aAis Saptoanber 27, 1983 Ma, Janet Whaltan City Clerk City of Nunrai. P.O. no*t 590 Kenai, AN 99611 onar Me, Wholant Thank you for forw4rding ma a copy oT the Council of tho City of. Xonaila Anoolution 83-119. 1 havj apokon with Caminiazion:ar Hothor Wunnicka of tha Dopartmont of natural scclaouresao, anti 9ho hao infA=od me that a cl"cioinn ha" not b"On mado on tho Soldotria ofkicw, It io lay undQrotanding that the Dopartxo- nt of natural Aaaourceo has boon in contact ✓ritit tho City og rwiiai regar4ing ttliu issuo. T appr-Aiaty your court-:kiy in pxovidlaq me with a copy ok the City of. Xonailn r000lution am it holpu ma koov abresasst of tha insluza; and concurno ai Tlauka'a citiza aa, 3iracervl�r, �3111 tSn•1f�S:s3,c� �ovQrn�,r ' 1'AYHI:IJ1lt uVlSlt !i1,IHlp,nll 14111r.11 IIP.I;p r,lflRlCll. API'1!r1VAl, nit HA'111'I+.Allnll 1r,�I9�n'I ' yKjllHrq-�..._��.-t..__...J71:1117t,1J�•rllgi...6.._._._--- ._..._)'1ti,,�J;rk�/JrY1J�Jt'tNt;l�?�.,.,J.;,ra,l;��l.J!!nnr,l;l1.,.... ....Myggl.l.,....,.1�uP,_.. , Yuli AI'14f•iiVAln� +� Carmpr► V. Otntol! Ar,•b, flurvlron CI'�'1'urrnlual IGuu,v. I:nV,Inar�rinJS/lnnppr,f, 2,135t,/', It. Ilr+lvornon Intprunf on Iff,f oln„qo el'-Turill Ifill l Ibnlov, (;#)fill# roc►, Jon ti,ilh,hr7 � Trnnn-Alnnkn Vnlglnporing YnJslnaarinJS Rprvlc„n cD•.N A if tmpnrv, Y.nJslnup►Jnl; �i�t/I`l."!h Hrl.ona 1, Annoc. IfurvpylnlS LIn. If+apactlosl 1'I,5'1u,00 Rprucp Conotructlon I'ny gilt, i CP�l;andlollyl+t G L1n, (;+,nnGfrl/Clan ll`J,101,1'I Holono Rurvcying Rf.nYlntS CI'-JnL 1, 1nA Rta, lnnp.rctlon -1,12f1,br! J tlul-Har I'ny got. 2 CV -Root Ramp Conntroptloll 11/i,2lIS, If, FOR RA?IYICATI011s Ilr►nlor V.luctrlc RGpt, ISlactrlclty IJnnfso Varluun I1tIIILion 27,777,21 - I 61uo Crun+► Oct. Ik+di al lnsnrarlcu Verlorrn Noalell Ingnranrn ihr24q,/i4 lJoylam Vuul Ulonol fil+op Opolatifig Suppllon 1,797,,'12 Chavratt VOA Cnoallna If6np Upo►atlpg ISoppliam 3,2R$,14 Ylret Vodorei fievinso; RV,Yo 10/15/83 Control lruanury Control Tranaury 609,000.00 s� • o i i r rl a — - 111"qulnmolm OVI!It 41,01ID.00 WHICH 111:I:U c0u11e11, APPItuVAL 10/19/11J IN. Chumlpy'n 1lrothnno fmrni,rlinn for lltaralle !'It-Olrn.,tn Itppnlr 4 Nnlntnnnnro 1.%h;.41J i Ilulldltlge Craig Taylor Y.qulp. Idoulorapo fluudor Vlt-i'arkn Machinery 6 ISquipmont 2,:11/0.00 DOWN Peninsula Printing Purchmmp Ordaro, 11111a, Ylnaneo Offlru Nupplica 2,644.20 110colpta, r4svelopon Doratur ploctronirs Rangumnstor Radar unit PR-Pollca Mochloury 6 Equipment 1,/,0(1.00 Y.c1141 l,aka Lockers Mont Products for Nevombor COA-Cnngrognto 1111416 01)c,r4ting Ruppf ion I,ZOO. 00 I COA-11nno Pill Ivory Operating S"ppllos •100.00 Y.rwin, umitb 6 Rarnott Profpoalutlnl DerVICpn Attornny Proleselonal Rarvices 1,567.00 Perk V11 tllty Exxon Office Dystomm Word Procoseor 6 Printer 1'R-city Manngor Mnchinory 4 Y.quipmunt 9,104.00 (hoar Tank Co. 9,000 Oal. NO Yank Pit-Ylro Mnchinory I. Equipment 1,976.80 I llartig, Rhodee 6 Aeone, Vrolaaelanel Safviceo Attornny Profassional Dorvicos 1,075.12 on CIE. Peninsula Distributors Milk 4 Groeory Products COA-Congrogato 110419 Operating fB,pplioe 1,200.00 for ilovombor COA-Noma Delivery Operating Bupplies 700.00 Sediar's Furniture 12-Twin llattruxuas YR-Ylro Nachlnory 6 Equipment 1,428.00 state Nsebaniesl 2 floaters PR-Sbnp Machinery 6 Equipment 1,950.11 Moro Pro, Inc. Ropair 6 Maintenance Contract YR-City llanagor Ropalr 6 Mnlntonancc 4,421.00 for Y.xxmt 520 Wordprocessar Yuhesk, Inc. D1 Vt. 18" Cul.vorta PR-lltrootn Ropnir 6 Nnint. Ouppllon 2,997.00 168 Ft. 19" Culvarta fltrcets Ropalr 6 Nnint, Rupplips 1,260.00 161 Vt, 18" Culverts Streots Ropalr 6 Maint, fluppliee 1,501.00 ti I � s J a 6.3 Suggonlod byt Adminlntration CITY OF KENAI ORDINANCE NO. 696 -83 AN ORDINANCE OF 1HE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 23.40.030 BY DELETING PROVISIONS FOR MAXIMUM LEAVE ACCRUAL FOR CITY EMPLOYEES, WHEREAS, KMC 23.40.030(d) containn a pr©vinion that, at the end Of each calendar year, an employoo may not carry forward to the next year more than [he equivalent of two weoka of leave time multiplied by the number of yearn of City service, to the nearest quarter, and WHEREAS, KMC 23.40.030(d) contains another pruviolon that eatabliahoo maximum leave hours that may be accrued, and WHEREAS, the City's accountinq and hudOoting policy Is to record annual leave as an -expenditure in the period it is earned, and to record the total liability for accrued leave in the balance shoot of each fund, and WHEREAS, the above described policy allows the City to pay an employee for all accrued leave at any time without an additional appropriation bocaunu fund balances have been roduced by the total'loave accrued, and WHEREAS, there does not appear to be any valid economic r0000ns why the City should impose limit a upon the number of hours of leave it's employees may accruo, acid WHEREAS, a policy of allowing accrual of an unlimited number of hours of leave allows employees to entabliah protection of re9ul8r income in caoo of emergency. NOW, THEREFORE, RE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENA19 ALASKA, that: Section 1s KMC 23.44.03U(d) is horeby amended an follows: (d) Accrued and unused leave may be carried over from one year to the next for the purpone of accumulating an annual leave account or reserve. (HOWEVER, ON DECEMAER 31ST OF ANY YEAR; AN EMPLOYEE MAY NOT HAVE MORE. LEAVE TO HIS/HER CREDIT THAN THE TOTAL OF 80 HOURS TIMES THE NUMBER OF YEARS OF CITY SERVICE 1O THE NEAREST QUARTER, 112 HOURS FOR FIRE, 84 HOURS FOR COMMUNICATIONS AND JAIL. THE MAXIMUM LEAVE Ordinancr) 896, Pogo 1 t H0UR1> THAT MAY fit'.ACCRUEDIS 6A0 FIOUR5 F'OR rtHIU1,AIt t CLA9SIF IED AND EXEMPT, 1196 HOURS FOR F Irtr;, AND 672 HOURS fort COMMUNICATION"a AND JAIL. Sao tort 2s KMC 23.40.0311(q) it) horeby reponled. ° PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thta 2nd dny of Novembar, 1983. ATrE5Ts i er onvt Wholanp ,i y ° Firot Roadinas October 19 1983 4 Second Readings November 20 1983 Effective Dates December 2, 1983 I {i t �) ILI- i! ' Ordinanea 096, Page 2 .f i .i . i ,a- I I i I I I. U 0 CITY OF KENAI ail G'a��ial � r4�Cz� /. 0. bX U0 XtNAI, A1MKA 90611 IRIVO 6Nt 283 • foss October 5, 1903 McMORAWIN TOs Kenai City Council FROMs Charles A. Brown, Finance Director Res Annual Leave Accrual Policy The City of Kenai's annual leave policy, as stated in KMC 23.40.030, is described below. For illustrative purposes, I have uned an example of a requiar 40 hour pear week worker. Let's assume that he started work an 4-1-62, and didn't use any leave during 1982, then he took two wooka off in March, 1903 to qo to Beirut, Lebanon for a relaxing vacation, 1962s He earned 144 hours of leave in 1982 (16 x 9), He didn't use any (the City adminiatratively doonn't impose the mandatory 2-week vacation rule until the first full calendar year of employment), He can't carry over to 1-1-83 more then 80 hours times the number of years of service. At '12-31-82, that is 60 (00 x .75). Therefore, early in 1903, the City writes him s check for 84 hours of leave at his hourly rate, whether he likes it or not. It doesn't matter that he might like to leave all 144 hours on the books for future use, 1983s He started the your with 60 hours, uaee 80 for his vacation (which he would have liked to cut short, but he couldn't got a piano out of the country), and oarns 192 (16 x 1Z). So, at 12-31-83, hole clot 172 houro. Butt again, he's over the limit. All he can keep io 140 (00 x 1,75), So, the City write€ him another check for 32 hourn, In addition to the yearly limit, there's another limit that says he can't have more then 640 hours an the, books at any December 31, Arn=, for keeping the limits: 1) If employees weruo leave with no limits, the City will eventually pay the loave time to the ernployeeo at higher hourly ratrin due to anrurl raises. 2) If en employee has many hours of leave on the banks, he could take ouch a long vacation that it would caune havoc far the department. for instance, if he had 1,009 h>ouro of leave, he could take off for about 6 months. S) Thu liability eould hecumn ►►o lnryn that it could deplt►te the Clty'o cosh poalt ion If ovrrryhody (Italt at onru. Arttumenta for ollminnt inj tho limitai 1) To counter #1 nbove, t't'n true thnt Ole City will probably have to pay the leave at a higher rate. Wit, In the manntime, the City han the mnnoy invented. My oxporioncu is that the City generally oarnn a role on it's invootments that to at lonat oa great nr► the annual rniaea (coat of livinrl, plea morit). 2) To counter #2 above, an amployno con't ,just, take a long vacation if he wants. KMC 23.40.030 (h) to very clear that dopartment hondo have to approve voeationn, and that they shall be nrhedtilod with "due conniderntion for the doolroa of the employen and the work rogulrements fneinq the department". 3) To counter #3 abovo, the liability io diroctly offaet by invested cnoh. If thero'o tin linbility, then thero'o tin canh, It nimply makoa tin difference from the City'o atandpoint. Every time I olive you holancen of the City, I give you "Fund balnneoa", not "ennh balancee". The liability for accrued leave hoc already boon deducted from the fund balance figure. 4) Many employcoe would like to acerun, no much leave of) ponoible. There are Into of raaaono for thins oocurlty in cnoh of a major illncoot a large canh payment available if they terminate (not unliku a onvingn account), deferral of income taxes until the leave is paid (thin could he very valuable at retirement - I.e., retire in January when you have a low tax year). 5) And, of"couree, the moot nbvioun rannon of ells in the example above, had the "� employee hoen able to necrue that ndditional 04 hnurn at the and of 1982, he would have liked to hnvo violted Afganintan after Beirut, I have dincuound thla with the City Manager, the City Attorney, and onvoral department heodo, Cnnueally, we are in favor of eliminating these limita. I want to go an record now an otatirsg that thlo change will benefit me (no well no moat other ompluyeun). We have a policy thnt employaea may canh in leave. So, if an employee wants the such rather than the leave on the hooka, he has that. option. Alan, we arc not attempting to olitninate the mandatory 2-+Hoek vacation rule (KMC 23,40,030 (f)), CASA19 I i i i car y CITY OF KENAI I. 0. 30X $30 XINAI, AIA$XA 99611 TILIPHON1 333 • Tf3# October 11, 1983 MEMORANDUM TOs Kenai City Council FROM$ Kenai Advisory Parks Recreation Commission ° SUBJECTs Recommendation for Purchase of Weight Equipment At the'Special Meeting of the Parks i Recreation Commission held on Monday, October 10, 1983, the Commission reviewed the original request for weight equipment at the Center, several suggestions have been made concerning different types of equipment, etc. The original motion stated that the cost was not to exceed 07500, howaver, in view of the recent discussions concerning different "s types of equipment, the cost factor was reviewed. The following motion reflects the result of the discussions MOTION AMENDMENTS 9 Commissioner Siekawitch moved to amend the original motion made on September 13, 1983 by deleting the cost amount "not to exceed $75000, seconded by Commission Bryson. VOTES Motion carried unanimously. i jl s , i 111 , i S , I . r r i I� i v III 1 Suggeatod by Adminiatrat ion i CITY OF KENAI ORDINANCE NO 8 7 02 3 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ! INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1983-84 GENERAL FUND BUDGET BY $11,365 FOR THE PURCHASE OF EXERCISE EQUIPMENT FOR THE RECREATION CENTER. WHEREAS, the Kenai Advisory Parks and Recreation Commiaoion recommends that exercise equipment be purchased for the recreation center, and WHEREAS, monies were not appropriated for this purpose in the y original 1983-84 annual budget. p NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenues and appropriations be modes General Fund neresae stimated Revenues Appropriation of Fund Balance $1 .365� Increase Appropristionss Recreation -Machinery & Equipment W,363- PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thin 16th day of November, 1983. YOM WAGONER,-MAYON ATTESTS one Whelan, City clerk First Readings October 19, 1983 Second Readings November 16, 1983 Effective Dates November 16, 1983 Approved by Finances e I f ti i 00— r CITY OF KENAI "49d (%joiW aj 4i4aal'p 1 P. 0. SOX NO KINAI, AMIRA 99611 TUSPRONI 9/0 - 7636 Equipment for Exorcioo Room Cost Estimates Item - - ens $ 8,800. 15 station Univoroal Centurion w/DVR* 500 . 450. l 425. �l 390. 400. 200. 200. 't rl --r-• H i o :sr�sr�-+��rr;ram•-s-�- �(o ! 1 i' t 1 i f I Competitive Weighto Olympic weight out Olympic weight bench (Supine) Exorcise Siko (Tanture) Rowing Machine Av it o 850 Ballet or Beauty Aar (ntrotch bar) Weight Scales Weight Rack (for free weights) with Centurion Universal *DVR - Dynamic Variable Reoiotanee - ►egulatea the woight reointanco to coincide with body leverage gains duris)q exorcise. J i r K� G.,f CITY OF KENAI "Od iga,,a�W 4 41a44a,#0 /, O. SOX $10 K$NAI, A&A1KA 99611 11t$/NON1 211 1 M$ October 13, 1983 MP.MORANDUM TOs Kenai City Council PROM$ Kenai Adviaory Planning & 'Zoning Commiaaton SUDJECTs Leone Applications Schmidt/Duekor/F,dolman - Lot 1, Kenai Spit S/D - Fiuh Proccooing Plant/Storago Facilities At the regular meeting of the Planning & Zoning Commission, Wodnooday, October 12, 1983, the above loaae Application came Word the Commission for conaideration. Along with the loaae itself., Mr. Lahahn asked the Commission to conaider and recommend a prop©ood completion ©ate and length of loauo. Th Commission recommended a completion date for the prop000d buildingn of January 1, 1986. The Commission also recommended that the length of the lease run concurrent with the existing loatso on adjacent Lot 2. This is a 58 year lease which expiren December 31, 2033. JL .i a - f { 1 R r, 1 .Vit GZTX U;V ONLY _I„ pot@ R•eoiwd 19 P.O. 0= 580 • UNAL ALASKA • PHON1283.7635 X.E,�4<�: t itee l /��I i�--- LEASE APPLICATION Name of App I lannt ROBERT L. SCHMIDT. ROBERT G. DUCKE NI)S,0`11T11? ED mMAN Addroae DRAWER 2601, KENAI, ALAHKA 99611 auoltioee Name and Addronn V191110AMAIV8 1�Al,KIFI;. INC, DRAWER 2601, KENAI, ALASKA 99611 Kenai Poninaula Borouclh Saluis Tax No. N/,A (if applicable) gtnte Bijoinew; Licottne No. EIFGII.RY Pi{(iCEH13ING JAC. #03-9.82 (if applicublo) Telephone (907) 283-9275 or 283-9020 (Roma phone 283-9207) Lot Deaeript ion KENAI SPIT S/D LOT #1 Desired Length of Lanoo MAXINIIM PERMITTED BY THE CITY OF KENAI , Property to be ua nd for EXPANSION OF PRESENT V 1611PHY PR©CUOING PLAN"' Atli) NEEDED EXTRA SPACE. FOR BOAT STORAGE„ Deacription of Devolopmentn (type, 0nnatructLot) t etz©t eto.) LOT # 1 WILL NEED TO BE FILLED WITH CRAVEL BEPAREI IT CAN BE USED TO PLACE A STER1, B01W.M. 100' x 130' and n 50' x 5.0' IOY. 11©1191/1 ON I'r� ALOO BOR Tllp BOAT STORAGE, AREA Attach dovolapment plan to acme (1" a 50'), ahowintl all builditstja planned. Time Schodule for Prepoostd Dovolopmont s floginning Drtte Gravel fill would be placed Lit the area on our drawing a# woon an the neceesnry pertnito can be secured. Prupoovd completion Dut o IdE 11opg it t s nv _ iu .00=090 BLMM WITHIN 2 yrn Estimated Valise of Carat runt ion $ 700,000 (ENTIMATED FIGURE) Dates Dates i n FISHERMAN'S PACKING;. INC, CITY OF KENAI + CHECK LIST FOR SITE PLANS ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Orawingo should he drawn to nenlo 11'z 50 ft.w, and must show layout of the lot applied for and the location of all Improve- ments propnnod. Qrawingo must dhows 1. Lxioting buildings X 2. Prop000d buildingo X - 3. Parking facilitina FAR BOATS (how many epacoo and where located) X 4. Site improvomento a. Arena to be cleared and method of diopooal lip SIWING b. Proposed gravel or paved oronn x_ e. Landocaping plan (retention of natural vegetation and/or prop000d planting arena) N/A 5. Building out backs X 6. Drainage plan and method of onow removal X 7. Circulation pion (all entrances, exits and �i on -Oita acceaa) X 8. Location of aign(o) - algn permit roquired N A ' 9. f onaing N/A 10. Curb cute (where applicable) N/A 11. building height X 12. Buildinga on or near the airport on airport lands muut complete FAA Form 7460-1 1 ;i *Thies dorm not have to be drown by an architect or ongincer. 2 •o l t. • • i� a j W a . s. ,' , , - y. V • a •rtassrc'1 �wwsr+.: saw -a., er. _- ,•`J]�' n VISII914MAN'!3 IIA(:I(INc3, INC, QUILAING INFORMATION y -_--- On thtu ahuol nubmlt a (irawlnq of huildinq planntttl, drawn to willu. SColn$ 1', o 50, , ft. Conotructlon Matorlrtln (wood framo, utool huiIdinq, etc,) STEEL VILDINC3, CONCRETE BLAB i .. THIS DRAWING SHUIILI) ill; AS COMPLETE AS p0551BLE -- CONSTRUCTI,©N IS T9 on ATEP,L IittILT)ING, STP.EL Ri;AMS, 16' WALLS WITH 20' FT. HIGH AT CENTER, GABLED RGAV . RGAB WILOTHE SAMIM, AR BLDG. Concrete heated slab floor. 0 Notes If a propmod drawing it) oubmittcd, attach to thin Opp ication and cliur(tgard lhiti por)"t filling) in cunatruction inatcrialn only, 3 I , 1 I I; I I i i I I �f i 4 1 ! I I u FIGURRMAN'S PACKING INC. 000criPtion of Pro KRNAI FIPIT 5/1) LOT #I, WVTLANDR CONDITIONS OF ACCEPTANCE (To bo Completed by tho City) Annual rent rato or cont 6% of fair market value Zoned for Heavy Industrial (IH) Permits required Building Aoueuumento Nona Inouranco required $500,000/$1,000,000/$250,000 Conatruction must begin by Completion date for major conatruction i - ; T1115 APPLICATION WILL BE MADE A PART OF THE LEASE Planning Cominiu Ole Approvals Y S Pinto of Approval City Council Approvals By$ City CIM Date of Approval i + Fisnermanes Packing Inc. Drawer 2601 Kenai, Ak. 99611 Soptombur 15, 1983 Mr. Jeff Lahnhn, Land Mrr, City of Kenai p.0, Box 580 Kenai, Alahka 99611 &e: Loaue Application Dear Mr, Labaltn, We are in receipt of your letter dated September 2, 1983. We understand that the Kenai City Council recommended approval of our application for a 10490 of the adjacent 10 acres of land Which is adjacent to Spit SID Lot 2. Aloo that the City Council requested that Sea Catch Drive .ii,d the northerly portion of Columbia Street be dedicated as a public right-of-way, If we consented to the dedication that the Council is requesting we would be leasing a parcel of land with a public right -a -way through it, which for all purposes We Would have xo fence completely for security reasons. We would like to diseusa another proposal of ours with you, At the time that we applied for the present lease that Was approved with certain provisions, by the Council, we would have preferred applying for the property adjoining directly to the North, Lot -1, but at that time there Was An application pending by another party, I have since been informed that this piaee of property is now open. The property to the North of us would much bettor suit our expansion plans, We would consider the dedication of ilea Catch Drive and Columbia Street if this could be arranged and drop the lease of the 10 acres to the West Which would require A field survey, Yourn truly, ttie P,delman, ['resident c 907.283-9275 907.283-9626 n f '�� 4Y,NA1 N/U LnT n�, f Wl,lrh I nn) r�Jl to lognn 4• J ti � A�I'►r"� �� e�ldtirrra� ,6�1a,n9 �`�•�' •tl 1 .a ,. V , �i � • ti{ i'r i;. ���rrR: .^�Ps, i r' �i�''�i 11J�� „ ,u. KPtJA[ PACKNNo. lt1C, SPIT S/D 4Q A• NP,iAN, Dl,Da, f, COLD BTORAOE ARDEP,7,ER (Which neh41 CWL I/atDitla ROOM to be expanJaq) C' DRANP, RNAa, "SNUCK „ (hal "S roon Would bocww D, NETAL RLDO, SA SNB, p O"eaxrinR ono f,.. E, NETAL RL LHOA ROE DROCPSfiltfi xas Alr1g, ) ➢• NY,TA1, �' SIIOP O• NPSS HALL S?aRAaP, GEAR Eir., H, RUt1K "WOW, t • BOAT f!<JP11aB j . rJ. A Q, .. , ,.� uN�runvwlvcn ' ' V I IRII{IiS1AN : N 1'Al'K I111; , l 1�``: " , �'�` � • � y� i :. •. �! ' �' "�.�. t .� 1.1 - — N#C*oo'ofw 0lff.r -- I Woo 00 `IA' �mnq SIG W4 low ( i �nNminl dim .8 T' UNSUOD1Vl0E0 a LOT . 2, • I �%'�, SLEW :: '• UPL4N08 Oda ��• T/DFLAN09 3, TOTAL /2, i • (tfuff Milo, HII Py (SEA CATCH A ILNI —1 ..-fool _CURYN DATA 1 / o! 1 144.4 n 12.80� ' ti Ael • If.01 fogw W.(Il UNOUD OWDi y 4 1 I ILAf APPROVAL t r f f i1 -- t a n a 2 9 NOTICE PLEASE DISREGARD PREVIOUS IMAGE. DOCUMENT HAS BEEN REFILMED ON FOLLOWING FRAME i t. .• i 0 A r��� . . - �L S t� Sos-DtvtStCZN - UNSUBDIVIDF:D i I080 00 t 00 "olcj$o AT 8 272 ` OppC �; " � d►ry �� a 6 -- � LOT 4. UPLANDS 10,063 AC. TIDELANDS 3,933 AC, .� 0 TOTAL 13,986 AC h UNSUSDIVIDED L O T n I UPLANDS fit, 421 AC, TIDELANDS 3.701 AC. TOTAL 12,121 AC.,' I n0649 E Af 11 �► JW �! a y 4� (Luoao HOC, Lek 40 088 r RQ, 321) I i N (SEA CATCH INC.) w � ril)' CO it at 11D.!i l37, 12 - - 000.00 4 .... - BOq, 00 _ 11 AD°QO'40'f "_ ,y2 �+� . • (n� �� ,� Q. (i2��llLa/, q C?, /D62 ' d Nulirs 9 42,20 g w t p Are i 43.?Q ( ` ongrinl, 20.07 UNDURDN1DfD .oJ r 3 ' 1 w 1 , ' • ;/1'�'1'ii�'fi.Af:!l/rta.If!!�*�Y11ili�Al�ifr�/J;�l� %'u�'••S�x'�r,�,•�",7� %� Sri f •. *1►Att!~ eft{ W VOW .ovuW, '"AI Awls&Wn� M it" Cot —6 AMENDMENT 10 LEASE That cortuln 1e00e batwoon the City of Konni and DONALD H. ASE, P, 0, Oox 111116, Kenal, Alooka 99611, dutad January 13, 983, slid recorded at Nook 201, Pogo 941, Quid lance to hereby mondod as followsr i, The farmer legal deoerlption, Lot 3-A, Spur Subdivision 04 In amended to bur Lot JAI and 3A2, Spur Subdivision 07, 2, The aquora footage and loaaa rate for sold loose is amended so followal b, Lot M i 29,914 square rest - $7,718.07 per year Lot Ms 23,235 aquare feet - $5,994.63 per your DATED this day or October, 198). LEOSORr CITY Of KENAi ay$ No, J, firighton City Manager LESSEES , sae TrUl e WAR Of ALA59A y 1111110 JUDICIAL OISTRICI )so THIS to 10 CERTIFY that on this day of �•�' .. r. r , 199), 0014ALD 0. AACE, being poroonally pawn to as a: av ng produeod satiefaetory evidence of Identification, appeared before so slid seknowiadgad tho voluntary and outhorlsed axacutlun of the foregoing inotrument, t n cry Pu�T% rAr l�Taa rl�" my Commloolon Expire"15�: 1 it G 1 r� . " , I i •Irv.,rrw►'�irv�wr�s.�rs+��:��Sls.i.u.L•vr� 4 ,i i ti /'sill*+�i/M✓/.1'1✓wyln.4.,./...ail .ri r.y.•.1{ I r 1 'i .F II III lk r;i ury or �tr�Ri w fy, STATE Of ALASKA ) )no THIRD JUDICIAL DWHICt ) THIS 15 TO CERIIFY that an thin day of , 1901, WILLIAM J. HRIGHION, City Manoye�� the City n eau , Alooka, hoing porannally known to mo or having produced ontlofartory ovidenco of idnnlifiratlon, oppoorod before nee and acknowledged tho voluntary and outhnrirod exacutlon of the foreoolno inotrumont on boholf of oald City. Notary Public ror Alaaka Hy Commloolon EKpirsus r 2 �I F,I p M 1 M /fit+�'�2► > ��� :' �^ " ,Y � / `. �.✓ �Y ( i 0 ..... ...� a .. ' I i CITY OF KENAI ' ” Dry Caja l aJ 4 4"" � I. 0, SOX 510 KINA1, MAMA 90611 TB!/NON! 2$1 • 7636 October 11, 1983 MEMORANDUM TOs Kenai City Council PROM$ Kenai Advisory Parka & Recreation Commission BUBJECTs gees for Recreation Contor At the request of the Kenai City Council, the Parks L Recreation Commission reviewed And diacuaaed the above referenced item at their meeting on Monday, October 10, 1983. The following motion La the result of that meetings MOTSONs Comminsionor Bryson moved to recommend that the fees; for the Recreation Center be loft up to the City AdmWotration, seconded by Commissioner 8iokawitch. VOTE s Motion paanod unanisssoualy. 1 r 1 0 i yi •F ,ll r r; — -- .xc:r--------------,.-----_ - i I I i INFO j f '41 6a�' ygoo�, S'o9 j CITY OV KENAI ATT.%s JACK LA51101' CITY l;41OINFY,R 3 OCTOUR y1983 Kll�tltKY,1dII1�; IiRRVICY•Si Kenna Util itled 1'1r►n saptolaber 1983 Nriiigipnl Engineer 48 hrn, Ci 07,48o"' ; 3,239,04 tirnitomen 72 tirn, Q $38,56,- 2,776,32 e Of, t j .✓ �BM1"'.v J� to J,i�c�. < l oo, /oJ, --- �o ( (( e ' n a� 1 tl� 1 r 7/r; y9000, �10 97 MALONE SURVEYING BOX 506 • KI:NAL AK 99011 ,✓, ""; ^• .� ; Mi. (007) 203.7731'a., to �'�. CT •' : Il i ,�, IILr„•►�� •r� ff u;ty .4 City of Kenai Box 580 Kenai, Alaska 99611 Oct. 83-68 10, 1983 Ali h►' 1 statement # (5) A First & Second street construction, Mommsen S/U 10-1 Restaking redtops, lot St. 3 men, 5 hrn. $ 775.00 � 10-2 Staking redtop3, 2nd St., stake luminaires 3 men, 8 hrs 1240.00— 10-4 stake luminaires, Calif. 3 men, Vj hrs. 542.50- 10-7 stake bluetops, 1st, 2nd, Calif. 3 men, 71 hrs. 1162.50 total through 10/10/83 $ 3720.00 i Patrick J, Malnne,LS I Malone Surveying � Approved; ct ,ng neer I �d to J'ec. < 7.3 . > y ti,4 1 s� i 1 F PAY ESTIMATE PI0 - t Al OC? 1Jas ILC::;'Zia I'ro joet V-111ROV1 MEETS TO BOAT LAUNCH HAMP CIh/ -.1 x0nal viorxContractor Dal -Mar., Zt1n. c •• Address Gonoral Delivery Kenai, R1aoka 99611� Project No, � non' Phone Period From 9/12/1'3 to '. ANALYSIS 01; ADJUSTED CONTRACT .l`+Ot1;;'I' TO DATE Ol Ori;ittrll contract .'ttnottnt $218,750.00 ✓ Q Nat than- a by change order '''►�? `•�'� ✓ OA(Ijltstccl contract, amoltnt to clrtt.c 2�.',,9�r,40 ✓ Aa1AL1'S I!i 01- WORK rycr. I'LlsC1:D Ori,011111 contract work Completed 7 O,0 9 Addi t:iom,. rrom ctsanf;r 01-der:; computed ►02".0!?! tt Mitoriltl:. ;ltolvd slt cta:;i+ or period _0.. pTotal Lfr•,K S 1':'t1t iu:t ;r UY --�-c1 �� I1rrivCitt _...._ 'j•' ,';. .) ✓ 07 'Y"tt.t I 00. _^_'•� _'f) • _� _ _� ._ C) ♦�rp��i r�J •• i�r� 3 YL i•l:.I'.l •r1 4;6 . PAY ESTIMATE N0: CERTIFICATION OF CONTRACTOR 4::o►d$no ea Ihu hvrt .11 my knivAll'.l.tu ertd l•vllilt, 1 rafIIfIf tll,ts 611 Items .111.1 .Ins„ont-s -shown fin rho 1,I4•e of thl-s Isnriodl; I!-sNrn,ru for Vdrtlel PA$151unt eto 4:Ofie.,I, !!I'll .111 %ask h1. liven Pt. ff. 'rnn,d w.l 'w nleum,li-uppllu'f Ill full of, f:or,14mm with (hn f"qultofRvnta •'I fhu Ir erOn.;Od Coaft'let, 10.1 ul I111V .INIIIaf I/ud ,IUVLIf {ol/o, nnhvUt of soli a, ellul mlono, end fly a4.11110 lvt fh,$t Chu foluellinn 1, e IrnU.11IJ Cdrfucl 41,Itrnl011 M 01J es-ntf.lef ACCe'I,11 „p (It ,$lift erlt•b,.tlllr fit,, I,I If d,$y fit rho pnrlrnl.lf vart"t bti tilt, fluflollf" fS-s11m.11ut th.st no Put of Ihv "fl.flencu Dust I Illu II.Iymellf, lieu been rucvlsu,l, enft rI m rile audurnUlnvd and hla aui,bontr.lvt„f• h,tvu•fCheaN ..pprlrl,Ilf llllr/ e, [ rompiiu'l 'A ith .fil rhu lehu/ prvvisione v1 aeld cvntmes, D' [:_C:ompliud •'Ifh .111 Ihu I,Ibvr pfovieiom of a.lhl conffuf except In tfl'•ov iniii'lace-s whore an h'fnvat di-sputo oxfaso v/nh re• •Duct to a.Ild ;.Ih It pruvtnlulln. (It (ill U -shot Null, 'lu,aff)v llrllly nflfalr of e11SPn M') fly E1YC j6 nnurerorl g t5lynewfr of VI 19- Title PAyfasmtan$uf 51 CERTIFICATION OF ARCHITECT OR 8116INGER ; 1 • undy tiler 1 bolo vFrck<••{ and ',vnfwd file nhuwr and f'frvnutnls frurfali'f P.rtnfn+v for ffmiriel fl t ovar, that of rhu twat lit Inv iunwludlty end buttes It 1, a taw .110 cfftfevt ateturount fd v,.ok prfl'urnr• I ,Ind it, m,uur$,0 .upPltvt by rill' etoile fectoff t that All z,/tk end or IflAt"11,+1 inelu Ivd nl Ill Pvfimtso; Is,fislim" he, Inv n m.f , rP •I I•; me .In l 'I/ by lily dery ,►ufll'r/v/f'd fl'pn•eo nt,lt/'"I of ; ft„ 141,11it♦ A,nd tb,{s It he, brvn Iunornu•..t I0,1'er 'wi•Pli' ,i u, tul:, ".ith ►mlaM,fill, nt., .q low ff•tl'rrosw /untbf:t, .I11.1 I t:,,tt P,seImI tteyflf'vnt I lelmud ,Ilia n qIN 4,111 by till' gwiff's.•sur ip u,five I1 bur ,jf1 •, d on flit/ bw ,s'1. 4 'ak purr"/rn d ,,na n .1 .l.stU• i n ►t.ul'PIIuJtu <{np-, 16'1 /3• ' �. G I PREIPAY►AENT CERTIFICATION BY FIELD EHOIHIIER fgY ''hrrN fvPr of Iafrfnverf , , fl,lo"'N jcf ,.,a• �1 tf,lsr :bv,.S J tb$, . ,1wl Or I✓ Iuf ,f flit 4 awor ,('n', J, b"1111" 4 ,faa,unh' /..f t,''moo", r Pofrn' fir•' fit' n'a, eu.l fr•;vff, „I ($IV Ifs sletJ ldrly ' 1 till If a .', ,(If 01, f, ff" is, fvj' I/f. "Illamiff, t 1•' fit, ,f, fill, If ' s1✓In.' f, of 1, m4 d1,/11/.•1/'b It !hd •,f.N frr.'rlt "1 p +'•tt, f'• f11 /rl' I MI I „ $<• •I,, . „If Plr t to ,1.. nf,ff"" it's( 0„ ,r,rf f, f„r 1, W„-ts'n; 'fr' n pnn fn. of . ,4 tlf' 'ntr I Il1At Abe' p. fN! IrS• / ,,,,''. t ,•, {•,IPI It$,• .ull.,lrnf /' 11104 •.ru.i Ab." r••+r.nri.un.rtb'••,anr,l,f!,'• n1,,.{,•f• n'• Jill 'Jill rebl. ,n{•N-n^'f rut f,ut•• j ,,fl 1 ,,, tNi: 1, t;.,. �,, 1191, f tffff - INN of, "I'fl, t,Wr. R j C� fto ®f Kenai,,, R't'1,.,. s•A ,.,,b. �-.— ail_ - � �-��. — - :�»�� IN F0,00* CITY OF KENAI -0d Ca pial 4 44z"a" F, 0,10K 116 KENAI, AIAIKA 91611 11/1/NONE 215 , 1111 October 14, 1983 TOs Wm. J. Brighton, City Manager PROMS Keith Kornolin, Director of Public Works3 � BgBJECTs Kenai Float Plano Begin I i handed out copioo of. Mike Tauriainenla report on the Float Plane Bosain to Council shortly after receiving it, liowevor, for th000 Council pornona who have mioplacea their copy and for the new council pernono, please find attached a new copy of the report. I r • ' :L Q„ N(tI p17 RQI:fJBIr/A ALA,WAfANN1:1 CONSULTING ENGINEER nnin unn nuns � J 1 Mike . E. -:7 r• , A. AP094 A 1 ,a • Rf f{ECk1VEU ' city of Komi �„• 1 ,,� April 11, 1983 `c UNG WXU 0 i Keith Korneiis Director of 'public works City of Kenai ' Box 050 Kenai, Alaska 99611 Subjects Kenai Pleat Plane Basin Keith s . As requested, we have evaluated the area adjacent to the float plane basin for a borrow site for NPS material and have evaluated three approaches to upgrade the existing float plane facility at the Kenai Municipal Airport. The following report is divided into two parts Pleat Plane Basin evaluations, conclusions and rocommendatione and the soils investigation results attached as Appendix A. f We appreciate the opporturnity to provide this information to you and will be available at your convenience to discuss it in detail. Sincerely, q 1 David Johnson /? b Attachrtent • ,> !'� � DJ/11/47 01 zA Introduction On February 4, 1983 the City of, Kenai authorized our firm to porferm a study to determine the suitability of the voila in the aroa of the existing float plane basin for uuo as a borrow site for the 11allor, Evergreen, McKinley, 3rd, 4th, 27th and 32nd (HEM) project. Th study was to address two.ispues. The first an mentioned above, is to define, a borrow sourco.for the 11914 and otter City projoctal the second is that if the soils are suitable for a borrow source then the material should bo removed in accordance with a plan that will ultimately result in an operable float piano basin, we have evaluated the coil conditiona, the City of Kenai Airport Motor plan, UODA Kenai-Kaoiiof Boil Survey and have reviewed information supplied to us from the Airport Manager's Office, the FAA (Anchorage) and the City of Kenai Public Worko Department and have used this information as the basis for thin roport. The City of Kenai float plane basin boo boon inoporablo sinco 1978 due i to lack of a direct line of sight land FAA regulations pertaining to same) to the float plane basin surface. Since that time a number of solutions to this problem have boon considered, and are sa foliowa: 1. Remove the visual barriers through excavation and continue to use the existing float plane basin. (drawing # 2) 2. Construct a now float plane basin parallel to the runway to the northeast of the existing float plane basin and use the existing basin surface as a parking area. (drawing 4 3) 3. Construct a new float plane basin parallel to and immediately southeasterly of the existing float plane basin with connecting taxi ways at each end to the existing float plane basin which will serve both as both a taxiway and a parking facility. (drawing 9 4) , 4. P.aice the level of the existing tower such that an unobotructed sight line between the tower and the float plane baoin Guffaw is established. 5. install an electronic visual monitoring dovico to provide artificial visual contact between tte float plane basin Burface and the control tower. Because the purpose of this study is directed to the use of the float plane basin Area as a borrow Site, only the first three alternatives will be diecuaeed. Alternative 1 i! Alternative 1 (as shown on drawing 5 2) involves providinngg a visual sight line from the tower to the existing float plane basin by removing the vegetation and Q=vating the obstructing coils. Cross sections were developed at 500' Intervals from existing contour (� mapping supplied by the City. A night lino was ectablictxtd fron► the sill of the tower We% 137.7) observation window to the contvr of the float plane basin aturface (elev. 70.0). A litre one foot lower was then assumed for quantity calculation parixrOOD to allow for grass and snow build up. The existing And proposed crosn noction data were run through our earth work program, quantities generated and cross sections printed. Tbo results arc tabulated below. Eatimate of Quantities Total acquired Excavation 113,000 cy Total Unusable Excavation 1&]= a (over burden) Total Usable ON) 6,900 Cy Based art the above quantities it appears that 6% of the total excavation is termed usable non frost susceptible (NES) matorial. These quantities reflect only the excavation necessary to provide a sight line to the existing basin and do not include excavation for slopes on the northwesterly aide. Deeause of the small percent of NFa material available as borrow, this alternative is not recommended, This alternative would provide for a limited use float plane basin and would require eventual construction of additional parking area. Alternative 2 Alternative 2 (as shown on drawing 6 3) involves excavation of a new float plane basin located westerly of And parallel to the existing paved runway. oxisting float plane basin would be retained as a ThThe parking area. e proposed separation distance of this alternative io such that simultaneous operation of the paved runway ana the proposed float plane basin would not be possible. After evaluation of this alternative for use its a borrow site it was ruled out due to the excessivly fine material encountered (see sample ID TO 6-5, Tit 6-6, T11 7-6 and Of 7-3) generally classified as F-3 and probably not suitable for use no borrow. An additional disadvantage is that lanes would be required to taxi over 3000 feet on the runway before additional aircraft could land or take off. Based on the foregoing it was decided that this alternative is not feaniblo and that no quantities need be developed. Alternative 3 Alternative 3 (as shown on drawing 6 4) entails excavation of a new float plarw basin iramedistely southeasterly of and parallel to the eI isting basin. Comwtinq taxi wayu would be provided at each and of the proposed basin to provide access to the existing basin, which e would be retained ac a parking facility and taxi way. The reparation distance between the proposed flout plane basin (centerlino to centeriinQ) and the existing paved runway is 900 feet and allows for simultaneous rsame direction operation The typical section is shown • on drawing # 5, and provideo for a final bottom elevation of 70.0 foot . i (all elevation references are fit above sea level) and a water ( ,surface elevation assumed at 78.0. The soils in this area indicate an i. i' a r, a acceptable source of borrow material (NFO sand) overlain by organic j silt and silt of varying thickness. Samples ID numbers Tit 2-6, Of 8- S, Tit 9-5 indicate approximately 28 passing tho #200 sieve which is F typical of clean Kenai sand. The length of the proposed float plane basin is restieted due to obstruction in the required 20:1 glide zone area. On the southerly end, the existing water resevoir limits the end of the primary surface to a point established by the 20s1 glide ratio. The northernly end of the proposed Wain is limited by the airport property line (north erection line of section 29) and the elevation of the existing fence. Based on the above limitations, the maximum length of proposed runway surface can be 3000 feet without obtaining additional property for construction purp000s. It should be noted that the land north of the section line (29/32) is privately owned at the present time and could result in additional limitation. Advantages of this alternative are as follows: i 1. Most economical of those studied in terms of waste excavation necessary to begin mining of NCS material. 2. Allows simultaneous operation of both runways. 3. Convenient for take off/landings and parking. ; 4. Uses existing float plane basin as parking and taxiway. Disadvantages of this alternative are as followas � 1. Length is limited due to physical restrictions. 'c A sightline was established and quantities taken similar to that outlined in alternative 1, except that the excavation quantities were i based on the typical section shown on drawing 05. . I i I, The quantities tabulated below reflect the amount of work required 1 for complete construction of the proposed basin in accordance with the design criteria and cross sections established in this report and without a sightline to the existing basin (proposed parking area). i� Estimate of Quantities; f, Total Excavation 537,800 cy € waste 256.000 c Usable (HBfS) Borrow 281,800 cy If a sight line is desired to the centerline of the proposed parking area (existing float plane basin) and included in the overall excavation for alternative 3 an additional 28,000 cy of material (all unusable) would have to be removed. Quantities have also been developed for this alternative using the same location but modifying the typical section as shown on Hem drawing sheet # 22. This will allow for excavation to a bottom. elevation of 74.0, which is somewhat below the existing water table elevation. Ultimately the bottom should be excavated to 70.0 to i provide for an approximate water depth of 8 feet. The existing water f P, z i table is at approximately 78.0 which will require excavation of usable material approximately $ foot below water level. Bused on the contour mapping it appears that adequate relief exists in the existing ' drainage ditch that carves as the float plane basin over flow and could be used to temporarily lower the water table during the excavation protect. Ultimately, approximately 1500 LF of the oxioting ditch will have to be deepened to allow free flow drainage from the area for final construction of the float plane basin. Draining the existing float plane basin may also be required to facilitate construction. This alternative may be divided into two phases Phase i Excavate the float plane basin area only to facilitate obtaining borrow material to a scaled back typical section ,shown on HEN drawing 0 22, to minimize the borrow site .j development costs. Phase 11 Actual construction of a float piano basin with appropriate aide elopes and eight line as shown to a typical section on drawing 0 5. :i Quantities for use as borrow site only using the sealed back typical section with excavation to an elevation of 74A, are as follows: Total Excavation 267,400 cy Waste Excavation . 12i#,600 CS Usable MPS) Borrow 138,800 cy Acceau Road Three alternate routes for providing access to the propose© float plane basin have been briefly studied and are shown on drawing 0 6. Each alternate is summarized below: Route No. 1 Construct a haul road on airport property adjacent to the existing fence along the westerly airport property line from lot to 4th Ave and connect to the existing access road at the 4th Ave airport entrance. Advantages a. Seers haul traffic on airport property to lot Ave. b. Additional crossings of the drainage ditch/ravine are not necessary. c. Provides haul road for berm construction (coo coil disposal) Disadvantages: a. Construction of 2100' of haul read at an estimated 410/ftl approximately 0210,000. b. Major clearing would have to take place along the easterly airport property lino adjacent to private residential property. `ri Route No. 2 C Develop a haul road from the float plane Wain around the southerly end of the runway and instrument honk and intersect lot Ave. at the existing gate just east of the City Ccwtory. Advantageas no Keeps haul traffic on airport property to lot Ave. b. Could.uae existing entrance and gate on lot Ave. Disadvantagass a. Roquiroo crooning of the major drainage ditch/ravine. b. Haul road would be unacceptably near the instrument (locolizer) bank at the couthornly end of the runway. c. Construction of 22001 of road 0 010/Ft (022,000.) Route No. 3 Use the existing entrance and read to the float plane baoin at 4th Ave and use 4th Ave to the HFJ4 project. Advantagoss a. No now read construction or clearing required. b. Short direct route to HER project. as Least costly. d. Use existing entrance gate to airport property. Dis3aadvantages$ a. Routes truck trafficthrough residential area. be will reduce estimated pavement life on 4th to fifteen years instead of 20 years (approximate $5400 present value). Roil Dispoaal Zito Diuposai site of overburden removed from the borrow cite should be in berms along the westerly aide of the airport property to serve as an accuatical barrior. This Bite could alto be used for disposal of unsuitable material from City projects near the airport property. The typical section and poccibie location of the berm aro shown on !ILLS drawing g 22. Conclusions Ass a result of this study, the following conclusions are andos 1. ThO soil investigation results indicate that of the alternatives studied, alternative 3 is the most economical with a recovery rate of approximately 50% tips material. 2. The cite is a clone haul distance to the HER project and could be economically used as a material acurc:e. 3. The 4th Ave route is the moot favorable acceou to the site even though reduced pavement life is probable. 4. Ito bent dio osal site for waste overburden from the borrow site and alto for much of the unusable excavation for the uEn project is on the airport property placed in berms along the west side of the property. J� i C� 5. The developmont of, this site as a borrow source alone is probably not economically feasible duo to a marginal recovery percent of tops material. ilowovor, because the of fort will ultimatly result in a usable float plane basin facility, the amount of wasted excavation may more easily be justifiod. 6. The recoverable DIPS material quantities persented in this report are conservative in naturo due to the techniques used in generating the quantities. , Rocanmot�8ations , 1. Use alternative 3 as a development plan for a borrow site and ultimate development as a float plane basin. 2. Use a phased approach whereby Phase I would develop the site as a borrow source for current and future city construction projects and Phase 11 would provide the necessary additional excavation to achieve final designed float plane basin cross section a, such a time the City deems appropriate. 3. Remove the overburden from the Bite on a project by C piojecsis thereby spreading the site development cost over a wr base. 4. Use 4th Ave as an access to the borrow site. S. Clear and lower the existing drainage ditch when the working conditions, due to the presence of ground water, at the borrow 1 site warrant* mat" plan I The proposed float plane basin in not full agreement with the Komi 1 Municipal Airport Master Plan as it relates to length and location. A devation from the approved plan will require a two stop review prodecuref a planning review and a construction plan review. 0 amral Design Criteria Following is a compilation of pertinent design parameters used in this report: E7mb�ankment slopos: 4:1 Below the expected water surface olevation *7:1 Above the expected water surface elevation 40:1 Above the expected water surface elevation to provide sightline, control tower to primary surface. ' Movations: Apparent maximum water table elevation 85.5 (T11#7) Apparent maintainable water surface elevation 78.0 Control tower sight elevation 137.7 * FAA recommended eight line rising from primary surface. Clear Zowss Vertical Clear Zono - 20sl glide ratio from the end of the primary surface. Horizontal Clear Zone - 10:1 ratio from edge of the primary surface (fanning outward), - Depth of Water $ q � 8' to allow for seasonal water table elevation fluctuations and redweturbulence on basin floor that may create +, subsurface sand bars and reduce likelihood or frequency of j r future dredging. � J, �I � r J - I I s L 7 1 { ' 1 r A1---IDXX A i A i NATERTALS APPWIX C, CITY OF XMI FIM Pid= NWIN March 1983 This appendix presents the results of the materials investigation for the City of Kenai Float Plane Basin. The investigation and analysis were performed to provide a basis of design for the development of a borrow source, and eventually, a float plane basin. The project is located in the central part of the City of Xenai. The project is in the NW 1/4 Section 32, TO, R11W, S.M., Alaska. Test hole locations are shown on the attached site plan, Drawing 01. FIELD INVEMGAfi'ION The field investigation was conducted February 10-14, 1983 using a track -mounted CME 55 drill rig. Nine test holes were advanced to depths ranging from 5.0 to 16.5 feet using an eight inch hollow stem Auger and a solid flight auger. Representative samples were obtained from the borings using a 2.5" split spoon sampler driven into undisturbed material below the advance of the auger with a 340# hammer dropping 30 inches which approximates the standard penetration toot. Also, samples were taken from the hollow stem and solid flight auger flights. Slow counts are indicated on the test hole logs, which are attached as Sheets Al - A4. All test holes are referenced to the existing float plane basin and runway. .• LADOSATM TEZi'I3G Forty-four samples were obtained from the test holes and selected oamples were analyzed for moisture contont, grain size, and frost s3uacoptibility. LAboratory teat rcaults are shown on the attached Sheets. Frost classifications: NPS, P1, P2, P3, and F4 are in accordance with the Alaska Department of Transportation and Public Facilities Frost Classification Chart, Sheet C. SITE 2UPOGEOMW OMWITIMS The site is bordered on the north and west by fenced section lines. The Kenai Airport Runway lies along the southeast side. The existing basin runs NE/Sail through the length of the site. The terrain of the project area is nearly level with maximum relief of 8-10 feet with some areas disturbed by previous excavation. Vegetation on the site consists of 6-121 spruce, with some cleared areas, underbrush and grasses. The U.S.D.A. Soil Survey of the Kenai - Kaszilof Area, Alaska, indicates that soils in the area are nearly level Soldotna and Kalifonaky silt loam and Doroshin peat. The area is predominantly Soldotna soils with small portions in the north and northeast Kalifonsky coils and Doroshin peat. The Soldotna series consists of `4oell-drained coils developed in a moderately deep to deep mantle of wind -laid silty material over a thick deposit of gravelly sand or coarse =UL These soils are dominant in all the area north of Kenai and are most common on the broad outwash plains". The Doroshin eeries consists of "very poorly drained, shallow peat soils" ordinarily -74 occurring along the edges of lakes and muskega. Ttw Kalifonsky aeries is also poorly drained and is found in the male areas as the Mroahin peat. Thorne soils have developed in "moderately deep, silty material underlain by a thick deposit of gravel or coarse nand and are associated with a high water table. According to the U.S.G.S. Professional Vapor 443, Goolga gL the Semi SAtlanAm., the area consists of proglacial-lake-bottom cedimonto undorlying terraced and channeled surfaces between major morainal belts in the lowlands." SUBSMACE SM z GROUNMMM CMITIMS The soils encountered in the investigation consist of predominantly sandy soils. Occasional lenses of gravelly sand were encountered in some areas. The upper soils are silts or sands with varying amounts of gravel and silt to depths ranging from 1.5 to 5.5 foot. These are underlain by sand with little or no silt and gravel. The sands encountered in the northern portion of the site contain higher silt content than the sands in the southern test holes. Ground water was encountered at varying elevation;. In the southern half of the site ground water was found at elevations ranging from 70- 75 fact (4.0' to 13.01 deep) and in the northern half from 80-85 feet (5.01 to 10.0' deep). Apart from the existing float plane basin, no significant surface water was noted. BL49M - OCIJSJ= �. Samples, obtained from the test holes were grouped by texture and appearance. Representative samples were selected from each group for a wash gradation analysis. Based on the results of the lab work the following sunrnary was made s Deptb to Depth. of Apparent Approx. Surface Suitable Suitable Water TLi.�._ ziffinum 1 85.0 5o > 16.5' 79.5 2 83.5 5' > 11.00 74.5 3 76.0 PJA NA NA 4 74.0 NA r1A NA 5 02.5 51 > 14.51 69.5 6 89.5 Probably Not Suitable 7 90.5 Probably Not Suitable 8 $6.5 5' > 14.5' 76.5 9 85.5 51 > is, 77.5 General conclusions made from the above summary are as follows 1. The soilo in and around test holes 6 and 7 are probably not suitable for use as NPS Borrow. l�lI f f � � n r �r, , 1 , 2. The soil at the edge of the exioting flout plane basin (TH 03 and 4) is marginal and no conclusiona can be drawn because of the depths of tho toot holes. 3. The soil represented by toot holes 1, 2, 5, 8 and 9 contain material at an approximate depth of. 5' that in nuitable for una an NFS borrow. A I I A i a, r i go low W= .41 l n R Ir- - h�r�f'Ofr� f'P,!� F%R.`1'� LI1�fi ./ �• ��Nij{06 rU�,Ef� wit of i� Aw / -CONTROL TOWS WHIM ViAlb i a i l� Ji _ � tna*u�rrna raruatin gas Val? ! �u►noru�,�M�•��VVNV I 4(/7,96/ 4924 , r r 1. L r T r�...:MPA 0 I p i t9 qa. D to low, AM MAW s ov r'r►Ju e.� ii / �. '� -COUMOL TOWER I i ' a f - N\1 . GAiY.LL1rIIfi /� nod/fF �� r /f sa fa. Asa 214 • ; I C) � re�eo ice• aa� +�av ' 'rof, 7, / TCONTAOL TOWER fit .. of =r ♦ ' a2.27B I� S e 1 1 w 1 7 s fi1LOOfM/1,•Mf4�99iA9 (Vol)26; •6T- I i �r i zn l _ 1L. 1J 1 � � r Mik � CON/YL7�M0 [N91M[[A " " � � • 'r •'�' ~' I . fox iQ�OQTNs, �Ls�Ks 91d,69 l9Q9)?.? 417s 1 a r r I 71- 0.0A1 (D 40 SAND w1some Gravel, Trace Silt SILT, Brown, Dense, K)LOt 2.0 A SILT t.;/jjO;w S and, SICTO ro-wn, IX mac) , moil3t fi4.0 Moderately IX -me, W(A 9/441) WA ",. Silt, Brown, 5.0 Wx1crately Ounse, Moist Sh 0) 21 ace SAND whr. , Gravel, i,. 67 Loose, 140ist 7.(j •Gravc-Ily SAND, Brown, Motlernto ly bunse, McAst SAND w1gom Gravel, Brown, JAgme, SUOItly muint Sh 24 27 11-.4 SP 11.5 1 1, . I 12.5 Sandy GRAVEL, Bromi, %4ND, Brown, Looac, Wet Fince SAND, Brown, lmflf. Moist 1615 0 T.J). I i IPru./LfUrl/ 1 Hr1�rN { r/ I t� •.r.r....r... •rr.r.v ,•„�I� 1. •�1. '{o�� 1 1 '11i 3 Ili 5 0.0' Silty Gr4VC'J.ly SAND, hron.o, 1.0 SILT & ORMICS, Brown, kAorate t� Wiately Ikrnfse, K)hL Dense, hbi.st A 2 Li/ Silty SAKI) w/traceSll:l', I3�cowrt, Mcxierutely tkfnse, Gravel, Brown, I.aost, t McdAL 4.5 5.0I.D. . i, ;'o Sh ;:' Gr31 avelly SAND, Dark Brow, G 1�,cjoBe, McAst 9.5 1114 SAND, lircAm, Loose, Dunse Sh 5 18 8.W. 010' a, Silty Gravelly SAND, I;rc;:r,{, V G 6 Moderately Dense, RAnt• ::; SAND, Brown, Lose, Wet iS.G 7 % SAND w/oome SSJ.t, Brc:.1i, l c,:�sc T.D. t • i 5.0 T.D. r : ••: F "1. I • a •• tlllM.lt Ill.11 ll•.Irl•l ll, 1 1 1/' rf 'Ill irl � �,rirF �_Al '171 G T'it 7 0.01 1.15 , Organic SII;T, Jircrkzf, 1.6 �F Innic SIM, Brown, Moderately erntely Wnsw-, ,n�e, moist S113', Dark trumi, !' -im,, 5112, Brown, MAc�rnrely times, - - Mciirlt � t•tii.st ndy SILT, Grey, i�.r l:;: , trbi is gat ,1, { 13, Bromi, Donse, Moist �45 e 3 G ,�Sm SANA whx= Silt, Li,git grown, - Brown, tk�ciarutely Dome,Mc�i�t Pine SAND W f; ems yi J t , � ; �y, %, SAND w/twice Silt, Dark Brown, ,own, J=ne, Vary ;;Wt R06e, Ylct J gP-SM ' Y r t i ( i i TI-,.I 11,11t, liw L:I;%(19 ova &L A dpa -0 P, I V V 9 0. JLr6p.nfcMS Brown, Moderately Orpnic WET, Brmn, Wikfmcly Wm4u. Pbibt 2 OIL ,it sTJ1111 0 Brcmi, Moderately Dense, A 2 A SIJZ, HrOVI, KAUNW-ly AMOC, HAf4L 4.5 &W, Brown, Uouct Moist Sh 3 38 3 30 8. IR Dry Silty HAW, Brown, Moderately RL lie 4 9.0 SAND, W/Trace Graval, Light V SAND, Cray, loose, Wt Brom, Lome, Moiat sh ...... 5 10 SP Sh 5 15 Si) WD, Light Brawn, Lome, Wet 6 T.D. T.D. NJ A UUNWL T INte7 w.o, Nox 4fum KBNAI, ALASKA 813811 SUITE 11 a pR October 12, 1993�K • Keith Kern©lit;, +.; D�CrdW►'� Dept, of Public Workm _ City of Kenai CAN v«'bq� Kenai# Alanku 99611 /(•� Q 11S I ',' , S ' o Rot #8334 - lot & 2nd streets, Monthly lay Notimato and Progreso Report Dear Keith, The monthly pay estimate for the int and 2nd street project is not being submitted on schedule since the contractor was not available to sign the pay eatimato. We will submit the pay estimate at a future date. The work completed this month consisted primarily of installing sidewalks on lot and 2nd Streets, both sides, and on one side of California Avenue, sidewalks were not installed on the southwest side of California Avenuo, Also during the loot month the contractor completed inatalletion of curbs at intersections, around catch basins and inatellaton of valley gutters. The general, quality of work on there items has been good. We required the contractor to cover the oidowalks with 'vioqueen' for 3 days to prevent freezing. Thin method worked satisfactorily. We also rejected concrete containing calcium chloride additives, instead we allowed the addition of a pozzolan compound 'LA-40' to increase curing rates and protect against freezing, Progress was slow thin month primarily because the prime contractor did not have the subgrade complete for the curb and sidewalks when the concrete subcontractor wan on the job. Consequently the subcontractor pulled off the job and did not return for approximately 3 weoko. As a result of tho delays the Paving won hold up and has been rescheduled for Friday, October 14. Upon completions of the ravinct, the project will be appr®ximatoly 95% complete, however there are several minor items which will still need attention. These itQmn will be included in a punch list to be compiled prior to winter shutdown. Some items, such au seeding cannot be completed until next spring ao WO feel that a shutdown iu called for, since the completion date is October 13, 1903 the City may want to consider pursuing liquidated damages if work iu not completed by that date, Barring unf®rAQen changoo in scheduling I would recommend that liqui4ato4 damaged not be sought unless paving is not completed this fall, Res #0334 - lest b 2nd stroeto, Monthly tray ontimato tag© 2 of 2 and Progrena Report ©no recurring problem is erouion at tho outfall. Thfl contractor did not aoo4 thin area yet and the recent heavy rains have caused quite A bit of oroaien on the slope above the hoadwall, we will require the contractor to repair any damages to the slope prior to sooding next spring. Erosion is also occuring duo to the high tidos combinod with high winds. The rip rap placed an a part of Change larder No, 2 hats aided in reducing the erosion but I believe we may need to install more erosion protection, porheprs by placing some abandoned cooncrete manholes at the haae of the hoadwall. There have been some underuns in quantitiou on the project which could finance the placement of additional erosion protection. I will nogotiato with the contractor to obtain a price for placing the additional material and submit the estimate to you at a future date. Sincerely, Wm, J, Nelson b AGGOCLU04 eoKalen, p, P.. Fri cipai jai l� 1 r 1_V PAY ESTIMATE. NO:�� CITY OF K1s;d,1l OCT 1883 ,. ,•q- Cry/ ;t /AX>Ht t 1'r�jc!Ct U41f3t; gcslai - Wator, Sewor, and toad xmpruvementts � { i:aZ�ts6it; Ailrc�r ; �,l.:ina; Curl �i;I"i.ght:, Linwood t. 'Y-, nu risce CCniitruct:ion •'�a'f'r�' i t� Addrelss 8210 flar. tie 11 Road Anchoa%a, A1aokn�99507 Project 'No. N/J„+ I'1ionc (907) 349-1554 perrio(i rromj,aegfaa to ANALYSIS Oil ADJUSTED CWNUPACT AWAINT TO DATE 1 Original contract amount $1,314,148.75 Z Not challoc by change ©rder:s �2aj�5� )n Adjts:sted f'gtltrliCt' ammint to date "� MIA1,YStti OF tMIU.' c:cl!tPl,t:'1'Is1l Orl imst trnntra"t tlnrl: ('ni1►pleted 0 Additimits frtttfl 6hange orders complvtecl d 2. fj ss-, 0 b i•t;itot'i;t1 s strJt'ti'.l at of pei'icsct _�__�.''�II�//__��y�•q„_, / �0 Total 6'ilt'fit?�f� � .'r + !► rs _, � .��� .C�7�- �us..,7„�._ .. ht';4H t'111a1ti'lf�' 1. �� t!a; a:J,�,. ,.1,:. t i� i , pa; r;i�•ttt . _.,-�.�.,�_/_7��../.a,�..,_Z�i`l�oyG; /�3� IoT,79 � i.: , ,. rvr :; f rt�e•-t'l�s;t..1►e,1,lo-isr•rrsnn 7/0, y900o. to 9Y I PAY ESTIMATE N0: 7 1 CERTIFICATIO►I OF CONTRACTOR tiff I'AlfnA la tfv pu..f a fer kn., in,,$ A And hv11u1, 1 a -artily thnf All name aml Ametlnt+ offof•n fin the lace of thie fieliudle Catle,At,, 1 Idl iiI/sul ifA+moot dro r,'rty6f; fnAt All ivoll. h.1• Itf In t "f ur mlS A!„{/Or frof"mil a11PPIreJ fit lull Accrr,j4nVe Y nil file lets uffe P; a,if tit the rvfpfrncv t L,tntrfel, An.f fir Ault Aufheil uJ Avviaff„ny, +uaetunuul, ••, nfternf uuin, uf,l/o, nJ•l tf ivr,+; N1nt the fmy,nmtt H A ` tiYl Aa,.i rvffvtt +f A,vnior't ,'r tn." cufiff Jcf ,lveaf,nr up to An.! nlcl.f 111,p, (I'l 1.1 ,.( .lily u( the tUlle•1 coo b/a) fly flee 1lellarr 1'+f t AA PAt• u( thu tllc.",• If,s fhf7 H.tin„nt" bA+ fill, n n•rfn•'.!, An{ fill till inl!ernlr;nu•1 an.l hie +Ybconthr fen hevo•lChvv► Ann''•eer• r,,,vl s, e6Colpliu,1 si6.111 file IAbnl ProviAi,rne If +Af,!-Onctsef, ¢ b, l:empj1vA %;fh'of: rill, MIMI Ptovt•runa of a,11.1 .nnunct v.rePf m rhrtoc inatnn,:ua ehatu An honf•at til+puts Tlbiof• fifth ry I •pvcf Irr aAbl fAA•1l ('{eV 191Pf1a. (J! /)/) i• 4hrt.rd. d•ft/bu ► fi lly r,Are// of d1•Pi„e,) fly {C�atucf°„ brdeAlwo of Ihuneyd Reply enlAltve) � � c ve � egA � I CLRTIFICAT10// OF ARCHITECT OR f:N61NFER 1 of ml y limir I I,n+u cl•,/f it,l Ant iv,lllu.! Alf nbvvu And l.•uyrfllnc it, luefr, t''.fm,Aw bit fifnf,ll 1',lvnft'nt; tb,ft tit thv Lv•d of my f►wb Anlev ltnnt.,rvul is ll rr,v 1" {liti Its 11114 IrultallvLillsnt/itahA• bvinfnf.{��ir. d W "If nlNilr",t, I.ylns tv.fity fill Issaw.I upff vof Mil., at v A+N{boil Atld Non of f,Ao 1" f n f f,ftOtr414 mI ',M ea(,plu',t oiltsll ./. cut"l,n.. ,h/lh l,J 1t1111t'ru, bl •. fA th.' /vlc'hYl. r .Y4Vt b t, Abd l wloN - n Prytils .tAr., cl lira .) A$1 ! 1, fl.,, sit J fty tiff , unNA, till ro r„ rrf•, f 1 y f tnn(a1H d un dr. b1r•/., its fti,ftbn fit prurfnv,I An.l 'ur n1,nc• t1ll y' 6iyrwd= - __e �W �.,7N /WlaJldVkO GY n„ m •, f „/ , ,,, ,,,. ✓I t CITY Of KOMI I)Afu L a I� 'TY ►,T,1lIA4ER a�..,,,,,a.,ar...�.,a.,..., , P"LIC PR[aPI-Ilm fIT CERTIFICATION BY FIFL© EN61 IFWCIIY CLCRK 0 ATTORNNY/w.wr"�atwt�i'••r'r"�" �I .rm.,wrppfwa/�„r,�anrn�,w,.norraf,,..,r. r'r,vAA ,►m •fl fr,,f n v.,r , , ,,,,,,..' ORIGINAL COPY TO r•.,..•Gr ,..Fq,»,Mf.A.rt• �. 1 %,., %t.•1„ � •r, ri r tn, Ill'. ,nnttl �,pqa •rt..rr. , r l:• , ',.. •, •,r fl•+ tlr,aln If f io e,' r.'1,•'n•, . t {. f ,.anit t• f ' nr. rr. lift, f r f rt v nr, 1 , rur+r, Ir f . uft ,tpnfr,uf rbA1 rla •.rAf. a., ,,, „t :r• , r ,' ,I aril p1a J r ,i , uf.lrt . thAt r, . „till,,, f.' fb.1f fl • a,lr f. t••/ ,r, „ 11', ult d Y, fire tln Ntlblbvlu 6/10 ,i1 till ..nrlr,.' to,, L �Af.1 tilt ♦mrntnr t, lytl✓••t•.! AS•. •,• XA �,f f't,•y't': , ,, .•,,.. ,• ,.. • •f of mifa wl.$,I d,. a'r.ot•,.t .,t+tiro to .fr.h.l l.f rytt ,toil 11, of of It 1, two it y4 tb•I n,, .l fnf st ef" I t♦ till. • J . r u,rv, ys E I f I . t I �� w- in,v o Q 4 A8I30 IATMO, INO. PWFEBWML ENGINEEFS, 9s1RYEYGR9 8 PLANNFFG October 12, 1983 •' lii;C�N�O Keith Kornel ir+ C.. �ti;y tft tt�N Director of Public Worka v�11� 1 oft City of Kenai Box 580 Komi. AK 99611 REs 1,.A,C.K. STREET IMP1tOV1:bi NT3 INVOICK 2088 Surveying eorvicen rendered on above pro,jor•t tbrou81+ October 11, 19831 Date 3-man 2-man R1,S EEL)H 8/1 1 8/2 1 8/5 1 It ,Bis,c�p 4A(goL�,lyt�3 9/6 9()i' 8/9 8 8/10 8 ,- 8/11 7 8/17 8 4 8/18 8 8/24 7 9/7 3 9/15 1 9/16 8 1 9/19 8 9/19 .SOT 9/20 6 9/25 2 9/27 8 4 9/27 8 9/27 20'f 9/28 7 9/28 6 2 9/29 6 10/5 2 10/6 1 10/8 5. SOT 10/9 5 01P 10/10 8 10/10 1 011' Total 98 8 / > 3� e�4 P.O. BO% 46j3 80LO0TNA, AK BBBBB 907-P-831-4618 •F� • s, 5, _ City of Kouui L.A.C,K. STREET IMPROVEMENTS Pago 2 ems... 00, 3-man crow 98.0 lira. @ $164.00% r. ■ $ ,072,00 3-man crow $.5 OT -1 @ $210.00 ir. c 2-man caw 8.0 hr� @ $111.00%jjir. RL8 'tt'}�rg lira. @ $ 55.00ih , ■ .00 y G `a �$f�. o • CqQ Comps p 48r@-�hra. @ $ 40. 00/T Z. Comps. 11.5 OT" @ ■ 1, 520. �oo,00 $ 50.00�r. ■ , 57y.00, Total � /6-- .z Odd . sio �9�T 3•IV Ov No Tax (K) govt. - Total Duo p ;tv, o"Ilz •PC) f 119,;YPIM UR..................._..... �Ciif Cf.SRK ...�...�............ Q»..»�........».......»...,.»»....«. OWUL MY To C onfO-+"t— c s97 boo, o0 <36, Xvci% 710,'y9000, e3'o 97 � r �a carmen vincent gint®li, architect ` 00x 44625 professional building suite 110 Kenai, alaska 99611 907 283.7732 October 13, 1983 CT ty of Kenai P.O, Box 680 Kenai, Alaska 99611 --- Attention: Mr. Keith Kornelts, Director Public Works Department Re: Airport Terminal Renovation & Expansion Invoice for Architectural Services tif /�■�� ! a Final ail -ing per Contract $2,853.75 THANK YOU A f ' I y , i CITY OF KENAI "Oil (?ajea l 4 4"d" F. O. 30X W X/NAL A&AIXA 9961t 19LIP040NI 3/3 - 1636 October 14, 1983 TOs Wm, J. Brighton, City Manager FORS Council Meeting of October 19, 1983 PROMS Keith Kornelia, Director of Public Works SUBJECTs Section 36 Bluff - Request for Proposals i handed out copies of the engineering propoualo on Section 36 to Council on September 15, 1983. Now that the election its over and the new Council persona will be sworn in at thin next meeting, we might request the Public works Committee, a special Council Committee, or a Council Workoess3ion to evaluate the proposals. All five of the engineering firma are anxious to receive the contract and get,started. We may want to narrow the engineering firma down to two or three and meet with the Firms to diacuofl their approach. KK/jet I I I , l I 9 i I j U I L�A 6 kn� DZPARUNIENT OF LAW OFF/C8OF MSArronmjYQQ mt. i JAYS SM tPAJOY91118 POLIO' K-r!T'AM "Pro,, 1L/NQAf/,ALA8" 00Q►1 PMONBt 1 0 07j December 3, 1982 /Apt RIVED Icon., Jay S. Hammond DEC 131982 Pouch Af Alaska APB HO H Juneau; -AK 99811 • . �s-y.,rz Res Conflict of interests • Our files: 366-235.83, 366-286-83, A66-393.81, J66-457-81 Dear Governor Ha=uds 2. INTRODUCTION Seven situations have Vben, brought to our attention which require analysis of the law of conflict of interests. We address this opinion to you because of the statewide importance of these questions and because of the profound implications of our remarks for all officers and employees of state government. f At the outset we must emphasize our key thecae. , The fact that there may be no conflict of interests statute that j� makes a particular course of conduct criminal:'or otherwise im- proper does na t mean that it is legal. A transaction may not violate Alaska's criminal conflict of interests law, AS 39.50.- 0901 it may not even violate any one of a dozen civil statutax which prohibit conflicts of interests, in specific agencies, yet 1 J it may still be illegal. By this opinion, we hope to make state officers and amployces aware of an ethical coda which is not in Hon. Jay S. Hammond, Governor 366-2ss-83, 366-286-830 A66-393-81, J66-457-81 Decamber 3, 1982 page f 2 the Alaska Statutes but which ijs in force in Alaskan the common ,mow. Wass and until the lsgislaturs puts a different body of enacted law iw,its place, the common law of conflict of inter= estop as. declared by the courts, proscribes the standards of con- duct which must be followed by all state officers and employees. , The co'MMOM law provides, • generally, that public offi- asrs and empioyess are trustees of the people, and as such they are forbidden to have outside interests which conflict with that trust$ they not only may not, as p�bita officers, make decisions to benefit their awn private businesses for influence other pub- . IYe officers to do s©y, but they must avoid even the appearance that they have engaged in Golf -dealing or attempts to ini'luenes Official decision -making •for their private advantage. ' Where there is the fact or appearance of impropriety, the courts will declare the contract, transaction, or. decision void unless a statute permits the action in question,, and this result ca�ot be avoided by the expedient ,of lotting a "dlsintareated" colleague or,subordinate make the decision. The questions which promptod this opinion ape relatsd below. Our ,analysis follows thereafter. First, may a legislator, or his og her company, con- tract with"the state to provide the state with goods or services? The answer is no. Second, may a legislator, state officer, or state am- Al.p:• ,H Ili - Hon- Jay 8. 366-255 43, 3666-86 -2-ova 83rnor A66-393-81, J66-457-81 Deecmber 3 , '1982 Page I3 playas receive a loan from the state? The answer with respect to educational and 'residential loans is a qualified yes. Because educational, and ''residential loan programs have reXatively rigid requirements and loan ceilings, thers.is much less opportunity for improper influences thus, state legislators, officers, and employess,may receive such loans. However, it would be incumbent upon the applicant/lendee to insure that no one takes any step Which might be viewed as an attempt to influence the administra- tors of the program in their evaluation of the applicant/lender's application and their administration of the loan. Commercial loans are, much more questionable transactions which we will Us - cuss below. Third, may a legislator vote on a bill which will inure to the financial benefit of the legislator? The answer is yea, unless the legislator's interest is peculiarly personal, such as when the bill benefits only a tiny class of which the legislator is a member, or when the bill concerns a prof act :on which the legislator, or the legislator's company, is a contractor. Fourths may a director of a state cdrporation, board', or commission which is'governad by no #pacific conflict'of inter- ests statute hold that position if he or she is also an officer, manager, or large stockholder of a private company wttich has ca- tered into contracts to provide the state with goods or services? _)If the director's company has a contract with an agency of state E i r ` --- = Hon. Jay S. Hammond, Covazrivr 366.295-83, 366-286-839 December 3, 1982 A66-393-81, J66-457-81 pass 44 government different from the agency, in which the director serves, and if the likelihcoA that the two agencies will interact on other than routine, ministerial matters is small, there would be no conflict...' If, however, the director's company has can:. tracts with the agency in which .the director serves, the director must divest himself of his private holdings' or resign his diree torships otherwise, any contracts his company executes with that - agency, would be void.` i Fifth, may an officer of the Division of Minerals and Energy Management of the Department of Natural Resources (DMM) owls a mineral claim, an interest ia'a.mins, or an interest in the JJ products of a mine .on land under state jurisdiction? Ownership - I 1 4 of such intorestc is not prohibited under AS 27.05.010 unless DMEM is engaged in, an "investigation" described in AS 27' 05.010 1 -• 27.O5.070. However, the common law does prohibit the owner- ship of such interestss A conflict of interests would exist,be- f cause the officer (or the officer"s subordinates would be re- i quired to review and approve the officer's filings with DM con- ' corning the officer's mining interests. In addition, the officer 3.`would have a•substantial voice in the department's land use clas- sifications, which could inure very much to the officer's benefit were he am actual or potential investor in mineral claims on land � subject to state regulation. - Sixth, may an inspector in a state regulatory agency Han. Jay H. H+�mmond, Covsor 366-255:83, 366-286-83, Docambar 3, 1982 A66-39381, J66-457-81 Page #5 sell the right to u E oo a procoas the inapactor davaloped and paft'. tentad to companies whose plants be inspects? The answer is no. Neither may that'inspsctor obtain a state grant to. test the prom eggs in plants which he inspects. Seventh, may a person. with as interest is a business that hats a Contract with the state' be a member of the board of the Alaska, Resources Corporation (ARC)? The answer is a quali- Pied es. • Y A member ,.is forbidden to ac uire any conflicting i* terest after joiniag the board. -AS' 37.12.065(b). Concerning interests which a member holds And bsid before Joining the board,, there are, two answers: First, if •the'aoatraat is with an agency, other than ARC, and if that other agency has only routine, minis_ terial contacts with ARC, there, is no conflict. Sacond,rif the contract is with ARC, the board member must abstain from voting and take no formal or informal part in discussions of ARC's poli- cing Or actions toward the business in which the member has sa . interest. id. IZ. THE ROLE OF THE ATTORNZy GENERAL ; The attorney'genaral is,the chief legal offiaar of the state and "the legal advisor of the governor and other state of- ficers." AS 44.23.020(a). As such, ho is duty bound to,assiat the governor in "the faithful exacution of the laws." Alaska �C*nst., art. ZZZ, f 16. Those laws include the common law of ,1 r Hon- Jay S. H--ond, Governor December 30 1982 366-255-83, 366-286-83, Page 06 A66-393-81, J66-457-81 conflict of interest, see AS 01.10.010, the constitutional re. quirements that "[no] a ppropriation'of public money (boil made except for a public purpose," and that "Enjo obligation for the payment of money shall be incurred except as authorised by law.j' Alaska Const., art. IX, 131 and AS 39.50 concerning can. Mats of interests. The attorney general performs this function by prose- cuting legal actions, AS 44.23.020(b)(1), and furnishing written legal gpinions. AS 44.23.020(b)(4)..•. The attorney general is Also empowered to bring an action to recover state funds which were illegally paid or paid to a person not authorised to receive them. AS 37.20.090. Short of court action, the attorney general ^, may advise against an agency course of action which he believea is against the public interest. See Mobil Oil Corn. v. Keile�, 353 F. Supp. 382, 586 (S.D. Ala. .1973) t aff d 493 F. 2d 784 (5th Mr. 1974) . indeed, the attorney general is duty bound, in the service of the public interest, to give such advice, even in the face of* objactions from client agencies, officers, or legisla tors. D'Amice v, Board of Medical Examiners, 520 F,2d 10, 20 (Cal. 1974)(In Bank)j Commonwealth ex rel. Hancock v, paxton, 526 S.W.2d $65 (Ky. 1974). The first allegiance of the attorney gen- eral is to'the public interest. id. , In thia opinion, we advise on various courses of ac- tion. Thia advice is based upon our best reading of the eaae law g i Hon. Jay S. Hammond, COvernor 366-255439 366-286-83e A66-393-819 J66-457-81 December 3, 1982 Page f 7 and our conviction that, were the specific situations presented' to a court in a lawsuit,'partiaular outcomes would follow. This I. is not a certain prospects as will be made clearer below, we arse with f©w exceptions, dealing not with specific statutes but with the common law, A general 'and changing body, of principles devalopsd.and applied by aou=ts over the centuries. Our conclu- sions are based upon what we believe a court would do given those general Principles$ Prevailing public policy, the public Later- est, and the continuing silence of, the legislature in this area generally. Thus, this memorandum 'is' a prescription for agency, action is the face of conflicts *of ,•interests not addressed by statute, and a guids'for legislative action should the agency or court resolution be unsatisfactory, to the legislature. State agencies, officers, and employees should heed ad- vice in this memorandum until ordered to do otherwise by a court. She arav v. Main, 309 F.' Supp. 2071, 220 (M.D. Ala. 1968) f State V. District Court of as County, 440 P.2d 700', 707 (Okla. ZZZ. STATUTES AND'COMMON LAW AINCZPLES ' There are more than a dozen provisions dealing with conflict bf interests scattered through the Alaska Statutes. Only AS 39.50 applies to state officers generally, One of ,that J chapter's purposes is "to discourage public officials from acting k Hon. .Tay S. Hammond, Governor �E[= 366-255-83, 36'6-286-83, A66-393-819 J66-457-81 0 December 3, 1982 Page 68 upon a private or business interest in the performance of a pub- lic duty," AS 39.50.010(a)(1), and it declares that "public of- fice is a public trust which should ba free from the danger of eonflict of interest." AS 3y.50.010(b)(1). Its main feature is its disclosure requirements. E.g., AS 39.50.020. The chapter's only prohibitions are contained in'AS 39.50.090, subsection (a) of which providess No public official may use his official position or office for the primat7 purpose of obtaining financial gain for himself,.or his spouse, child, mother, or father, or business with which he is associated or owns stock. . Violation of.this subsection is a crime. AS 39.50.090(d). Other Alaska conflict statutes incorporate AS 39.50 by refarenee,, J or impose other limitations. Z/ The other Iimita- tions range from a simple prohibition on the employment of close relatives, AS 14.14.140, to a duty to divest oneaclf of the con- flicting interest or suffer forfeiture of one's office. AS 42.- 07.061. The statutes mentioned above speak only to, a relative handful of government agencies, boards, corporations, and commis- sions. 3/ In some cases, .the statutes prescribe rules of conduct AS 24.55.310; AS 46.12.090. 2/ AS 08.88.391= AS 14.14.1401 AS 18.55.080, 18.55.500f AS 21.- OW40s AS 24.20.2911 AS 27.05.020; AS 37.12.065(b): AS 38.06.- 035j AS 42.07.061; AS 44.07.330; and AS 44.88.180. ,S_ee nn.l, 2, mama. ' IA _1 ,s ' Hen, Jay a: Hammond, Covermor December 3 1982 366-255-83, 366-286-83, Page i9 A66-393-81, J66-457-81 For officers of state agencies but offer no g , guidance For employ-'"'•' ees. 4/ Thereemaia huidreds of conflict situations to which no Alaska conflict legislation S/ pertains except -as AS 39.50. 6/ It,1s•,well-settled in the federal courts, pzrticularly with regard to criminal sanctions for bribery and fraud, that the existence•of criminal statutes (such .as AS 39.56.090) does not extinguish'- the common law rights and remedies which would ordi- uarily exist. United States v. Rearns, 595 7.2d 729, 732-733 (D.C. Cir 1978)1 Continental Management. Inc. v. United States, 527 7.2d 613, 620 (Ct. Cl. 1975) , and cases cited therein. We believe that the same rule would apply in Alaska: AS 39.50 will• not be held to repeal, amend, or preempt the common law of con- flict of.interests which will apply "unless and until the Alaska legislature acts to modify it." Suring v. Suckalew, 629 P.2d '. t Compare AS 21.06.040, AS 27.05.020, and AS 44`:07.330 with AS 4.88.180, AS 46.12.090, and AS 48.5.5,500. SS/ Personnel Mules 13 12.0 and 13 16.0 apply;to most executive ' nch personnel and prohibit conflicts of interests in terms which essentially incorporate the standards of the common law. 6/ AS 39.50'governs the conduct of very few persons. 'AS•39.50.- i 700(a)(1) limits the chapter's scope by excluding officers or employees below the director level from the coverage of the yro- `, vision. There remain outside the coverage of the Act deputy di. ri rectors W the executive branch, assistant attorneys neral, ge i appointive officers of the legislative • le islative branch (including legisla- tive assistants), non -judicial offleers of the court system, and Y all subordinate employees of these agencies. Thus, full" 90 P er- - I cent of state o J fficers and employees are beyond the reach of the criminal sanctions in AS 39.50.090(a). � �I II Hon. Jay s. HA=oud, Covsrawr 366.255.83, 366-286.830 A66.393-82, J66-457-81 December 3, 1982 .page 410 969, 973 CAlaska 1981). Thus, a person may act illegally without violating the cr�a3, law, and serious man -penal consequences may follow. % Neither is it possible to., formulate a rule of admistisr trative decision for a given situation by analogy, based upon legislative pronouncements with respect .to other agancias, far no•1 consistent policy is apparent from an examination of the various statutes. One statute lays down no other rule than that school boards may not hire close relatives: of the board members, AS 14.- 14.140, and even that rule may be va�ived by the commissioner of education. Td. Thus, on local school boards, were it not for the coq:mon'law rule and AS 39.So. 090(a), a board member could let a contract 'to himself. In another agency, the law provides that a board member may not vote on a contract with his own firm or one in which he holds a "direct" ownership interest, but he need not divest himself of the interest. AS 44.88.180. In still other agencies, such interests are prohibited and. the officer mast dispose of the interest or forfeit the office: AS 42.07.- 0610, See•AS 21.06.040, AS 14.20.2911 AS 27.05.020; A9 38.06.035. From thin range of solutions, no overriding general policy pre- scription is apparent for the guidance of public officers and employees. 7/ A stricter rula applies to regional school boards. AS 14.- J a, Hon. Jay S. Hammond, Governor I P 366-255-83, 366-286-83, A66-393-81, J66-457-81 Docamber 3, 1982 Pass !11 Most conflict 'of interests situations in Alaska are covered not by statute but by the common law. Judge Wickersham described the 40220a law in in Re Burkeii, 2 Alaska 108 (D. Alasi- ka 1903)s • The common lass included those principles, usages, and rules of action applicable to the gov- ernment and security of person and property which • do not rest for their authority on any express and positive declaration of the will of the Legisla- ture (1 Unt s Cam. 533)t a system of elementary Principles and of general Judicial truths which are Continually expanding with the progress of society, and adapting themselves to the gradual ..—.changes of trade and commerce and the mechanic arts and the "exigencies 'and• usages of the country '(Pieces v. Propo: Swan Point Cemetery, 10 R.I. 227, 14 Am. Rep. 667). Id. at 117. See Howard v. Pfeifer, 443 P.2d 39, 44 (Alaska 1968). In Alaska,, the common law controls judicial decision - making "unless and until the Alaska legislature acts to modify it." Surina V. Suckalew. See AS 01.10.010, The common law of conflict of interests is clearest in the cass' of a contract made by a public officer who will, as a Private person, benefit from the contract. The most comprehen- Siva discussion of the typical situation, the eontroliing rule, and the underlying public policy is found in Beebe v. Supervisors Of Sullivass County, 19 N.Y.S. 629 (App. Piv. 1892), aff': 37 N.E. 566 (N.Y. 1894)s At the time of his employment (by the board Of supervisors as the board's attorney in several iq' • I Ron- Jay S. xamnnnd, Covernor 366-255-83, 36'6-286-83, A66-393-81, J66.437-81 r December 3, 1982 Page 112 colloetioa mattersl, the defendant Anderson was a member of the board of supervisors. They were the agents of the county of Sullivan, and as such had no right to enter into contractfor ,their own s benefit with their principal, the county of Sullivan. They are trustees, and have no right to enter, into contracts with each other at the wMensa of those for whom they, are acting, and whose interests the are bound to guard and Protect. The illegality of such contracts does. not depend upon statutory enactments.' They are illeglaat common law. It is contrary to ggood morals and public policy to permit municipal offi" ears of any kind to enter Into contractual rela- tions with the municipality of which they are of- ficerss and this principle appplies with particular force to members of a board, iika the board of -su- pervisors, which not only makes the contract, but subsequently audits the bill. But it is said that In the case before us the .,supervisor who was employed did not vote on the question of his own employment, or upon the audit of, his bill. That does not cure the evil. The influence upon fellow members is the same. His constituents are entitled to his judgment in mak- ing contracts, to his scrutiny 'in pprising upon accounts, and to his unbiased and disintereoted efforts in boths and he cannot make the violation or neglect of the duties he owes to his constitu- ents the means of validating an otherwise illegal act. He cannot put on and off the garb of a pub- lic official, and discharge or,refuse to•discharge the duties of hit trust, at will, and al best sub - serve his private interests. He is &'part .of the board of supervisors. Its act is his acts and he cannot, as a supervisor, make a contract with him- self as a private citizen. ' Id, at 630 (citations omitted). IV. THE PROCESS OF COMmox LAW ADJUDICATION , In the absence of legislation, it is the task of the courts, with the assistance of the attorney general, other mom. • ?: !Ion. Jay 8. Hammond, Governor 366-255-83, 366-286-83, A66-393-81, J66-457-81 December 3, 1982 page #13 bars of the bar, litigants, and amici curiae, to apply common law Principles and policies articulated by the Beebe court and bun. dreds of other courts and commentators before and sines. Tho task is a difficult one because, with the exception of the se,f. dealing public officer situation just described, the law is not ssttledf the courts must reason fro= the situations already .ad- dressed by'the courts to solutions for new quostions presented. For this undertaking the.,eommen law is well -suited, as Chief Justice Lemuel Shaw noted in his' classic description of the process:, Zt" is one of the sweat -merits and advantages of the common law, that, instead of a series of de- tailed practical rules, established by positive provisions and adopted to the precise circum- stances oil particular cases, which would become obsolete and fail, when the practice and course of business, to which they apply, should cease or Change, the common law consists of a few broad and comprehensive principles founded on reason, natur- al justice, and enlightened public policy modified and adapted to the Circumstances of all the par- ticular cases which fail within it., Another consequence of this expansive charac- ter of the common law is, .that when new practices spring up, new combinations of facts arias, and cases are presented for which there is no prece- dent in judicial decision, they must be governed by the general pri=iple, applicable to cases most nearly analogous, but modified and adapted to new circumstances by considerations of fitness and propriety, of reason and justice, which grow out of those circumstances. .J NorwaY Plains, Co, v. Boston & Main Railroad, 1 Gray (67 Mass.) a .- 0 N. Ion. Jay S. Hammond, Governor 366-255.83, 366-286-83, A66-393 4 1, J66-457-81 December 3, 1982 Page #14 263 (1854)0 reprinted in Bart and Sacks, The Lasal Processs" Basin Problems In The Making And A licaticn Of Law. (1958) 386- 395. . It is out task to begin with the legislative solutions to determLia'if any statute answers any of the conflict questi ons ons posed. Failing that, we must turn to the common, law and, begin ning with, the first principles, reason to the conclusion tha courts would likely reach given the facts, judicial precedent in analogous cases, and prevailing pubiie;poliey. ' V. LEGISLATOR CONFLICTS ' "Two questions are presented concerning potential legis. �f lator conflictas First, may a legislator, or his or her firm, or business, contract with the state to provide the state with goods or services? Second, may a legislator receive a state loan? The first question does not concern classic self -deal- ing, the letting of contracts by an official tc ' h4mself or his relatives, associates or company. It is A different problem de- scribed in the following termss • There is a great possibility that an official who has no immediate administrative connection with 8/ Thus, even if there is no statute and not one case addressinI 'Cho situation before a court, that court may, by the process o& common law adjudication, formulate a wholly new answer to settle the dispute which gave rise to the lawsuit. See Howard v. Pfeifer, 443 P, 2d at 44. P 11 Hai. Jay S. Hammond, Governor 366=353-83, 366-286-83, �I A66-393-81, J66-457-81 Docamber 3; 19eq 40 Page #15 the contract may be sufficiently motivated by his .personal interest to exert whatever influence his position allows to pressure the public official who in fact has a direct responsibility concerning .the contract to favor that personal interest. In this way, an official without a personal, interest In the contract acquires a conflicting iadterest in the sense that he must choose between appeasing the pressuring official and properly discharging his duties in the matter. Experience indicates the harm that may flow from (this situationl. Contracts may be awarded that are over -priced or unnecesesry, or the per- formance rendered undar the contract may be infer- ior, all because. of official favoritism, compro- mise or intentional oversight. Even if the abuse is nothing more than partiality in awarditg a con- tract, it may import an aspect of unfairness into public administration, engendering popular disre- spect for government. - i�ots, Conflict -of -Interests of Government Personoei: An Aoorais- al of the Philadoivhia Situation, 147 U. Pa. L. Rev. 985, 987-988 (1959). See Eisenberg, Conflict of Interest Situations Acid Reme- d„iaa, 13 Rutgers L. Rev. 666, 686 (1959). There are no cases which squarely hold, as a matter of common law, that a legislator, having no (formal, institutional 10 Connection with the letting or oversight, of a contract, can or cannot contract with the state, The archetypical situation arisen in the municipal context where principles of separation of powers do not apply and assemblymen or councilmen act administra- tively as well as legislatively. Thus, an assemblyman might; .in a private contractor capacity, offer goods or 'services "to the city, which goods or services are accepted, inspected, super- C -err Ron, Jay S. Hamond, Governor Decamb3, 19 366-2SS-83, 366-286 -83ar 82 , Page 982 A66-393-81, J66-4S7-81 vised, and compensated, by the assembly on which the contractor sits. Zt is the virtually universal rule at common law that such a transaction is ilisgai, even if the assemblyman -contractor ab stains and takes; = part in the review and compensation of the performance. EgBeebe v, SuvervLoors of Sullivan count9, quoted sue. While some commentators. have declared that the common taw rule has been extended to bar such trassactioas if public officer or employes, regardless of their official connec- tion with the transaction, is the private contractor, V a close analysis of the cases decided to date and dug regard for the W. foresee between holding and dicta bstie•the claim. blast' states have statutes or constitutional provisions which prohibit legislators or other public officers from con- traeting with the state, A number of cases have declared that such provisions are declaratory of the common lass, i,e,, even if there wort no statute, the same rule would apply by, force of the common law. One case is Schultze v, City of NOW Yoirk, 136 N.Y.S. eeE, Va. L.- not*, Conflict of Interests: State Gaveroment s,2ev, i Y- T Kapisit and Lillich Munici al Conflicts of interest: rncon- s stencies grid Patakwors- e ware &ULLCY at uncr ticaiiq accepting the coaclu- Alan of the Virginia Law review note writer in our fosMai opinion - of August 8, 19791 fortunately it made ng difference'ta tie re- -- ' suit in that opinion oince tie individual in queation was an f officer with authority to vote on the award of contracts and re- i v ew the contractor's psrformance, f Y Hon. Jay S. Hammond, Governor . 366-255-83, 366-286-83, A66-393-81, J66-457-81 December 3, 1982 Page 417 715 CApp. Div. 1912), aff'd 106 N.E. 1042 (N.Y. 1914). Schultze,.... was a duly appointed coroner's physician whose duty it was to Perform autopsies and give evidence at coroners" inquests. He was called upon., to assist the district attorney in a homicide case involving a decedent whom. Schultze had not examineds he acted as an expert consultasit. Hd submitted a bill which was, disapproved, under a charter provision which forbade officers to become interested, directly . or indirectly, in performance of any contract or work to'be paid for from the city treasurys a viola- tion, was a• misdemeanor, the violator' forfeited his office. and the contract was voidable. The court held that the city was not required to pay the bill, and observed that " W hese prohibitions are merely declaratory of the common law." id. at 718. Accord, Marloha Realty Co. v. City of Long Beach, 204 N.Y.S. 530 55 Sup. ' Ct. 1924), agf d 206 N.Y.S. 933 (App. Div, 1924). The case of Norbeck & Nicholson Co. v. S_ tate, 142 N.W. 847 CS.D. 1913), involved, a legislator who contracted with the .state tjo drill a well. The contract was voided on the basis of a constitutional provision which prohibited legislators -,to be di- rectly or indirectly interested in any state contract., However, there followad extremely broad dicta, A member of the state Legislature, by virtue of his office, stands in a fiduciary. and trust ralation towards the states is other words, he is the confidential agent of the state for the pur- pose of appropriating the state's money in payment of. the lawful contractual obligations of the a G-= r-® u 1; / 2-1 Hon. Jay S. Hammond, Governor 366=2�3-c3, 366-280-83, A66-393.81, J66-4g?-81 Decembar 3, 1982 Page #18 state, and it seems to be almost universally held that it is against sound public policy to permit such an agent,,or any agent occupilyingg a Like posi. tion, to himself be directly or ndirectiy inter- ested in any contract with the stare or'.other mu. nicLpality, during the period of time df the ex- is"Ace of such trust and confidential relation. ship., The private interest of such an agent should not become antagonistic to his public dupy. d. at 849. On the other hand, at least two courts have described statutory prohibitions of such contracts as now legislative rules foreign to the common lase. t,� re Ooinion of Justices, 82 A. gp; 93 (Me. 1911)f Lindfiere V. Benson, 70 N.W.2d 429 45 (N.D. lggg), However, the Lindberg court vent oll to state in forceful terms the very public policy, considerations which militate in favor of a common law rule in the absence of legislative actions The purpose of 'the enactment was to extend the ancient common-law rule that no state officer may be interested in any contract which he has a voice in letting (which rule is expressed in many .stat- utes of this state) by providing a more comprehen- sive legislative rule, founded in public poiic which would take away from legislators as a class any personal incentive to increase their opportun- ities to make profitable contracts by their votes in the legislature or to use their influence as • legislators in securing contracts or the approval of the work done under them. The members of the Legislative Assembly exercise a high degree of control over the fiscal affairs of the State and its subdivisions. They regulate assessments and tax levy limits. They authorize bond issues and, for the State, they make all appropriations. By enacting this initiated measure the people have attempted to remove from the legislators -tempta- Lion to venality in the exercise of their legisla- tive functions. Many states have constitutional or legislative provisions which are similar in 01 Ron* Jay S. Kammond, Governor 366-255-83, 366486-83, A66-39341, J66-457-81 December 30 1982 page /19 nature and which have remained in fares uuchal- " ,lensed for many, years. Id, at 45-46. Ia tsvo recent cases, Courts have held that legislates attorneys may ut represent persons in litigation against their city or,state. Zu Georgia Deaartment of Suman Resources v Six. lmat 291 S.E.2d 324 (Ca. 1982), the Astrunks were represented by Hili, a state legislator. The department invoked fiduciary Principles and a Georgia constitutional provision Which declared t%at "tplublia officers ars the trustees and servants of the peo- ple, and,at all times are amenable.to them," This court expressly noted that this was not analogous to the classic self -dealing situation, since Hill was not representing both the Sistrunks and the state. Id. at 526. The Sistrunk court freed the issued in the following termss All public officers, vithin whatever branch and at whatever level of our government, and what - over be their pytivate vocations, are trustees of the people, and do accordingly labor• under every disability and prohibition imposed 'by law upon trustees relative to the makin of personal finan- cial, gain from the discharge of their trusts,* May one trustee of the people, as attorney and for his owe financial gain, negotiate on be- half of another for a favorable official dispensa- tion at the hands of .another' trustee of the peo- ple? Specifically concerning legislators, may one „j I Hon. Jay s. Hammond, Governor 366-255:83, 366-286-83, A66 ,393-81, J66-457-81 Dacambsr 30 1982 Page 020 trustee of the pe09is -- in whose office are vested the powers of enhancement, diminution, and destruction of"the office of another trustee of the people -- as attorney and for his 9M finan- cia3, ggala ant in a manner to hinder or frustrate the'discharga by such other trustee of the duties of their aa=on trust? ; No. _ T id. at 528, ' Zt bears noting that the court in UItrunk based its decision on a Georgia constitutional provision and not on the , common law. However, that provision"is so general in its terms sad was .analyzed with such close attention to common lard trust Principles that the Sin-,= holding; has signMe mee independent of the, constitutional language. A similar provision appears in Alaska law. Zn a California case, Peo le V. Muniei a1 Court of San Diego Judicial District, 138 Cal. Rptr. 235, 238 (Cal. App. 1977)0 the court barred a city councilman -attorney from repre- seating a defendant being', prosecuted by the city. ,The decision appears to rest primarily on.the ethical 'standards of, and trust riposed in, members of the bar, rather than on any stctutory or constitutional' provision. / 4 ��C_o_m�a_�= the Georgia constitutional provision quotod in the text w„th� 39.50,010-0) (1), which provides public office is, a public trust which should be free from the danger of conflict of interest.,, However, the court did, in passing, compare the councilman's r� = Hon, Jay S. Hammond, Governor December 3, 1982 366-2SS•83366-286.83, Bags #21 A66-393.82: J66-4S7.81 A legislator Contract also raises novel and troubling questions of separation of powers. The federal courts have, in perhaps a dozen Cases, Condemned the practice of isterfereaoe by individual lags,lators or Committees is executive, branch doci- sioa•saaking.,'The leading case is yillabury Co, v. Federal Trade Commission, 354 8.2d 952' (Sth Cis,-1966). In MIsburv, a deci- aioss of the FTC is its quasi-judicial Capacity was invalidated because of iataass ,;oagrsssioaai Comssittos pressure while the 0 1 , dsaisioa was pending. Much less pressure was required to invalidate the dsci- sioa at issue' is Koniaar, Zue. V. Andrds, 580 7,2d 601 (D.C. Cir. 1978), cost, dsaied 439 V,B. 1052 (1978)0The Court ruled that a letter: seat by Congressman Dingell to the Secretary of the Inter_ Lot, is effect urging his to deny, several applications for "sea- tive village" status, compromised the 8e4retar7's impartiality is a quasi-judicial proceedings the court ordered rsconQideration of the applications by the now Sscrstarq, In other cases, however, explicit and extreme threats wars said to be required before in- validation would occur..,, DC, Federation v, Voioe, 439 8,2d 1231 (DX, Cir. 1972) (threat 'of lost of appropriation' for unre- lated project)s Texas Medical Association v, Mathews, 408 F. 12/ coat, . rssentation to conduct by "(a) local agency, officer ore loy- s" :��hick is statutorily proscribed as 'incompatible," Id. of '238. - Hon. Jay 8. Hammond, Governor 366-255-83, 366-286-83, A66-393-81, J66-437-81 0 December 3, 1982 Page' 122 Supp. 303 M.D. Tex. 1976)(thrsat of inns of job). Here, as in the federal legislator influence casts, the r legislators would be placing themselves in a lion -legislative, L-G., administrative oz quasi-judicial, arena. But the kind of legislator pressure which caused the court in Pillsbury to inval- idate the FTC decision is not involved hare, Still, the federal legislator interference cases load us to conclude that a court would not require a showing of'direet threats where a legislator acted on behalf of himself rather 'than on behalf of a constitu- ent. V • .• The remarks of the Alaska Supreme Court in two opinions boar on, this inquiry. Both cases, 2891ch v. Jefferson, 441 P.2d 27 (Alaska 1968) , and Warwick v. State ex rel. Chance, 5,48 P.2d SJ 384 (Alaska 1976), involved legislators who held or wished to hold an office of state goverment outside the legislative -- branch. In Begich, the court observed generally: Alaska's constitutional prohibition against members of our three separate branches of state government holding any, other positions of profit under the State of Alaska reflects the intent to gguard against conflicts of interest, self-aggran- dizement, concentration of power, and dilution of separation of powers is regard to ;he escercise by these governmental officials of the executive, judicial, and legislative functions of our state ; ,..� overnment. The rationale underlying such prohi- -- bitions can be attributed to the desire to'encour- age and preserve independence: and integrity of action and decision on the part of individual mom - bars of our state government. i:l ` Hon' Jay S. Raz�ond, Governor 366-255-83, 366-286-83, A66-393 4 1, J66-457-81 December 3, 1982 Page 023 441 P.2d at 35. In Warwick, the court considered Alaska Conotitutioni article II, seetioa S, which forbids a person to accept a gOYern- ment post which was created, or the salary for "which was in- creased, while that peroon served in the legislature. The court observeds• . There, is little disagreement as to the purpose of the type of constitutional provision under eonsid- oration here. Although the exact language varies from state to at a common gostate, all such provisions are aimed als to remove Smproper motives from considerations of legislators in voting for in. creased salaries or the creation of new offices. In one often -cited quot4tioa, Justice Story, com. .meeting upon a like provision in the Constitution Of the United States, said: The reasons for excluding persons from of- fices who, have been concerned in creating them, or increasing their emoluments, are to take away as far as possible, any improper bias in tie vote of the representative, and to secure to the constituents some solemn pledge of his disinterestedness. This type of constitutional provision is .designed not only to stop overt trafficking in offices, but also to prevent less obvious influences on a leg- islator's actions: (Tjhis constitutional provision was enacted trough fear that a legislator might be., ei- Another purpose has been said to be the elimina- t'on of even the suspicion that legislators were acting with improper motives. As in the case of the judiciary, it is important that the legisla- ture not only avoid impropriety, but also the ap. pearance of impropriety. HM JAY S. Pammondt Governor 366-255-83, 366-286-83, A66-393-81, J66-4S7-81 December 3, 1982 Page #24 848 P. 2d at • • 387-388 (emphasis added by the court, footnotes omitted). Both the Alaska Constitution and AS 39.50 were adopted by popular vote, From these electoral expressions it is clear that Alaskans view as morally opprobrious public officials who use public office for private gain.. Indeed,, even the apoearance' of impropriety is a circumstance to be avoided. W,asWck at 3880 quoted s-u, vras Falcon v. A.P.O:C., 570 P.2d 469, 477 (Alaska 1977). See AS 39.50.010(b)(1)("publip office is a public trust which should be free from the dan er•of conflict of interest,,). The size of the legislature and the executive branch is also an important consideration. There are only 60 legislators, all of whom are likely well-known to the relatively few depart- , mental commissioners, deputy commissioners and directors. Most Of these persons work together in close proximity in Juneau for five months of the year. Our legislators have a kaGn interest in the budget pro- cess. -Those legislators who sit on the •finance committees are usually familiar with the thousands of pages of budget, documents 'in the minutest detail and make allocations, in multi -billion dol- lar budgets in increments cf thousands of dollars. Any legisla- tor, and especially a :member of the finance committees or the free conference committee on the budget, can have •an enormous Impact on the budget of a state agency. Recent legislative ses- i i { 1 I j ., . 1 Ron. Jay 3.-Rammond, Governor 366-255-83, 366-286.83, A66-393.81, J66-457-81 December 3, .1982 Page #25 sions have seen both the creation and destruction of a • geaeiea at , -:- the behest of single or a few legislators who took the initiative to bless or 'gut 'the agencies. In recent years, the legislature has also taken,'to designating its owe non -governmental agents to carry out state programs. E_g.,'p. 23, g 510 ch. 120, SLA 1980. Alaska is a very small state, with a small pool of tat-' sated people from which to draw its leaders. Many of the moat talented have extensive commercial enterprises which may do busi- ness with the state: Unreasonable barriers should not be placed before these most promising aspirants to public service. Yet, with the.:legislature tending• toward half-time profession, and with the great potential for conflicts of interests with multi- billion dollar budgets and pervasive government involvement in private commerce, the courts might well be convinced that the only solution in the public interest is a common law prohibition. This would be all the more compelling in the absence of evidence that aspirants to public service are being dissuaded by a common law rule prohibiting legislator contracts, and, in the absence of legislative action in this area. Indeed, such a common law pro- hibition might be a tailing experiment for the information of the courts and the legislature. As we have already noted, there is no case authority directly on point pro or con, but the foundation is there, in Beebe and its progeny, in Bejt_i h, in Warwick, and in A; 39.50, Jay S. Hammond, governor 366-253-83t 366-286-83t December 3, 19 A66-393-810 J66-457-81 Pass 48262 upon which a, common law rule against lasislator Contracts could' be cons mated. Any voter could 'bring An Action to void such contracts and we would likely support that 14'sult in the ab- songs Of a compelling contrary justification. Z"s th&rs'-#* Our conclusion that A contiacit b4tw4ax A state ASSM07i W On the 'One haid,, and 'a, legislator, &'busi.' nose owned,or operated by a lost , slatorp or & business in which the legislator is an officer, 'zAnAS4VF Of large, stockholder, an the other hand, would bs illegal under, the common jaw. The second legislator conflict situation Concerns so_ is latora (and somas state officers and employees) who apply to cil- Lee. A 8 39.50.1000 Were a legislator contractor the only possible source for articular goods or services, we might support an exception. particular an exception might a Justi table if a lefe.g., islator pro- posed to provide non-uniqis, "off-tho-sbalfi, goods officegllie�. motor oil) whori price would be virtuallytheonly vgr- 1& 6- Exceptions are not supportable where the transaction co - quires the exercise of Judgment by an administrator or an ex- '; tended period of performance by the legislator. Lee Yoakum, quoted infia. Stato v. A court might well so further and say that legislators may not, As Privats contractors, do business wilth,=7 entities (state agencies, municipalities nonprofit corporations ) whose projects are finanabd with state IuZo WI At this time, we offer no opinion on situations where the 1881,812tOr is an employee Of the contracting firm, or where a close relative of a legislator is an officer, manager,, large stockholder or employee of the contracting firm. 71 Ron. Jay 9. Hammond, Oovgrnor 366-233 43, 366-286-831 December 3, 198Z A66-393-81, J66-457-82 Page 027 ceivs loans from the state. The only case which offers oven brief analysis of the public policy considerations which would underlie an4x4e0tion to the common law rule is Unta V. Yoakum, 306 S.W.2d 39 4Tona. App. 1957), to sxplaiainJ why's loss to a sahool board of which the president of the leader bank was a mem- bor did not violate a statutory prohibition of a direct or isadi root interest is a public contract, the court impliadly undercut any common law prohibitions A loan of money, however, ia"unlike a contract for goods or services involved in all our reported, decisions. Because they Uvoivs questions of val- us, contracts rslatiag to goods and services ppro- Vida"opportunity for im osition upon ph* pub La. in the loan of money tits law fixes the maximum rats of interest and no question of value is in- volved. Only a rate of iatorest below this maximum fixed by law can be the subject of asgotiation. In the loan here involved it is not insisted that such a short torn loan could have been made else- where at a lower rate of interest and, as we have seen, the loan actually resulted in a loos to the Bank. To apply the statutes to such a situation, <<. it seems to us, would be going beyond their wean- ing and parpos4 and result in great inconvenience j in small communities wheris bank oPPicars and stockholdsss frequently occupy positions of,publia trust and authority, a Id. at 40, 6thiie the aaalyota is tstse, Yo_ a,_, provides a basis for diatinguishing the loan situation from other contracts be- _____ twoon tho state and legislators. However, ws can say th4s with - confidence only in the cases of loans for tuition or personal residences, where loan ceilings art relatively low, eligibility 1 4 r axis. , "'- Jsy S. Rammond, Governor 3, 1 December 982• � 366-255-83, 366-286.83, Page 982 A66.393.Ole J66.457-81 standards are fixed, and the range of administrator discretion'"* subject to influence and abuse is small. IZ/ Commercial loan prograMs, where ceilings are much higher and where evaluation Of arsdit•worthineAs is Mors subjective, may yet present conflicts Of intsrsstswhere this loans are mad* to legislators. g lators. • Rowavar, there is potcutiai for infiusnes or abuse in any•loan program, especially when foreclosure or other enforce - meat actions must be considered. Thus, whether the loan it sdu• i eational, residential, or aoM"reirii,,a conflict of interests may arise, and state legislator# (and soma state officers and employ- • •as) and their agents, must act with.ths greatest circumspection and propriety, in dealing with, the agency concerning the loan or env other :natter. The agency, in order to maintain public confi- � dance in the fairness of its program, should brook not even a hint of interference and should report questionable communica- tions to the attorney general. Ws view the third question, concerning the propriety of a legislator voting on, a bill which will financially, advantage the legislator, in a different•light. it is clear in the case law that, when a legislator acts in a legislative capacity, that Even a competitive bidding procedure is subject to greater influence and abuse -where the contracting officer has discretion , in evaluating the rea onsibility of the bidders. AS 39.05.230. See AS 36.98,040 •- 36.98,050, i U- a - Hoc• JAY S. Haftand, Governor 366-255-83, 366-286-830 A66-393-819 J66-457-81 December 3, 1982 Page 129 action can be challenged only when the legislator's conduct is ,.. "tainted with fraud, or palpably not in the service of the public interest, or otherwise a clear perversion of power:" Rollins v. Cg,...rt_, 69 A. -7,77 (N.H. 1908) f P att v. Ma or of Dunellea, 89 A.2d 1, 3 (N.J. 1952) 1 MASON'S MANUAL OF •LEGISLATIVE PROCEDURE, 522. However, when a legislator' acts outside the legislative sphere, with respect to A particular transaction or adjudication in which the legislator is•interested, a challenge may be -sus- tained if there is found a "private., interest at variance with the impartial performance of public duty." PPZatts Rolling.. S,_, Surtan v. United States, 202 U.S.••344, 366-367 (1906), Pi_ 11s_ rg buCo. v. Federal Trade Commission, 334 F.2d 952, 964 (5th Cir. 1960f Note, Conflicts of Interest of State Legislators, 76 gaz,,,- L. Rev. 3209, 1214; n.38 (1963)("(Z)mproper activities in other . capacities should not be protected merely because the impropriety arises from the fact that the actor is also a legislator."). Therefore, where a legislator votes on a bill which will financially benefit the legislator as a member of the public generally, e.g., personal incomertax repeal, or where 'a legisla- tor votes on a bill which will financially benefit the legislator as a member,of a numerous though limited class'of Alaskans, e.g., bank deregulation or corporate income tax repeal which will bene- fit shareholders, the legislator's vote may not be challenged. -) See the memorandum opinion from Kenneth E. Vassar to Wilson L. �i b y�.ti '� • Non. Jay S. Hammond, Governor 366.253-83, 366-286-83, A66-393=81, J66-457-81 December 3, 1982 i Page 130 I Condon dated April 1, 1982. Where, however, the class of beneficiaries of the lag- islation is tiny, especially where the bill relates to a project for which the legislator is a private contractor or affiliatdd with a private contractor, the legislator must disclose the, eon- fliet of interests and the legislative.body 'should bar the legis later from voting. S„ee MASON'S MANUAL OF LEGISLATIVE PROCEDURE, $ 322 (1979). , VI. .OFFICER CONFLICTS Four .potential coafliets of interests by executive branch officers have been presented for our review, we will treat them in turn. It is first asked whether a director of a state corpo- ration, board, or commission which is governed by no specific conflict of interests statute has a conflict if he or she is as Officer, employee, or large stockholder 'of a company or firm which has contracts with the state to provide goods or' services. If there is a conflict,,what remedial steps need be taken? The 'question is answered by the Beebe case,' quoted supra, and the accompanying discussions a conflict clearly des exist if the person with the potential conflict is associated with both parties to the contract, i.e., the state agency g y procur- ing the goods or services and the private contractor providing r� q f 4 a 7� Hon. Jay S. Hammond, Governor 366-255-83, 366-286-83, A66-393-81, J66-4S7-81 December3, 1982 Page 131 them- S/ Ifs however, the person with the potential conflict works for a state agency'with no contracts with the private con- .. tractor with • F-4ch the pergoa is associated, there would be no conflict. Ths- Beebe case makas it clear that public 'aervica de- mands total fidelity to the pisblic interest at all times, A pub- lic servant, faced with a conflict of interests by reason of pri- vate financial associations, may not •pats official, decision -making responsibility onto a colleague or,subordizate who may share the same,prejudice or be subject to influence. "He cannot put on and off the garb of a public official, and, discharge or refuge to discharge the duties of his trust, at will, and as best subsexve J his private interests." Id. at 630. Faced with a conflict, the person must either resign his or her position, or forego the pri- vate opportunity to do business with the state. 181 18 etIf,the person is only an employee, there may not be a con- . Those situations must be addressed on a casts -by -cage basis. 191 We must qualify this last 'mentioned conclusion by noting "Tit a conflict might arise even if, person was not an offs- eial in the eontractinj state aganey if the person nevertheless has extensive contacts wish the contracting state ageney. For example, certain officers of the Department of Law and the Office of the Governor, though not within the Department of,Administra- tion, may have extensive contacts with, and considerable influ- ence in, the Department of Administration. A person with similar i "interdepartmental" duties might be in a conflict situation if he .; or she entered into an agreement as a private contractor with the other department. r i L 0 v '. 3 f Ron- Jay 6. Hammond, Governor 366-2Ss-83, 366-286-830 A66.393.81, J66-457.81 December 3, 1982 Pegs 032 It is next asked whether an officer of the Division of Minerals and Ensrgy.Managemsnt (D=) may hold a mining claim, as Interest in a miss, or an intsrost ' in the products of a mine on land undo; state jurisdiction. AS 27.03.020 provides's • In conducting the inquiries and, investigations, authorized by AS 27.U.010 -- 27.05.070, no olfi- cer or empioyae of he department may have any, versional or private interest in a mine or the pro- ducts of a mans under investigation,- or seesppt employment from a private party for services 3n the examination of private mineral property. Nothing in this section prevents employment by the department, is a co nsutttnBB capadLtv or is the investigation of special '-subjects, of an snginse"r .or•other expert whoss principal professional prac- tics is outside his employment by the department. The syntax of AS 27.05.020 is not an aid to understand- ing. A thoughtful reading of the provision reveals that it is not j& officer or employes of the department who is prohibited from holding an interest in a mine under investigations only of- fiaers and employees "conducting the inquiries and investigations authorized b AS 27.05.010 -- 11, Y 27.05.070 are so restricted. Ws are informed by the director of D= that that division conducts virtually none of the "investigations" in questions th000 scatters are within the jurisdiction of the Division of Geological and Geophysical•'Surveys. However, there is still the common law. DM is the state agency which regulates the aaquiai- tion of mining claims and leases on lands under state jurisdic- tion, see AS 38.05,185 -- 38,05.2801 11 AAC 86, and issues mis- Ron. .Tay S. Hammond, Gova=or 366-255-83, 366-286-830 A66-393-81, J66-457-81 December 3, 1982 Page f33 � cellanoous land,use permits. San 11 AAC 96. DMM also has representative on the regionsl planning teams which make rscom- msndationd'to'the commissioner on state land use classifiaations. ee AS 38.04.065,1 11 AAC S5. ' As' the regulatory agency for :dining Claims, DM re- aeivea 'the filings of peraosia who stake mineral claims. ,Se_ AS 38.05.195. � . Yt must review the filings to veri been a discovery, fy that there has sae it AAC 86,105,, and that the claim h" been properly'staked. ,See 11 AAC $6.205. !1 AAC �88.215. On an an. nual basis, DMEM receives additional filings from each claim own• er attastia , to the 11 . - 8 performance of statutorily -required annual i labor on the claim, Lee AS 38.05.210S il. AAC 86.220, and moat verify that the claimed labor meets prescribed requirements. Id. A major component of the DMEM mining. section Is effort and budget . is devoted to this "adjudication" of mineral claima. In this light, we believe that an ownership interest in mineral claims (or in a company. which owns.'mineral claims) on lands tinder state jurisdiction creates a commons law conflict of Interests on the part of officers and employees of DMEH. Given the size of the missing section of DD1P;X (25 persons) and the like- ly close working association of all the officers and employees, It is probibls that a court, as a matter of common law, would forbid An person in DMEM to own a mineral claim on lands under state jurisdiction since the opportunity for influence is so evi- 11 ... Hon. Jay S. Hammond, Governor 366-2SS-83, 3634 .6-286-83, December 3, 1# A66-393-81, J66-457-81 pa8e 34 dent. It is -Oven clearer that a court would forbid a supervisory'-.' officer to own such'a mineral claim since it would be that per. Sonia subordinate who would review the suffieiensy of the claim and the annual' labor affidavit. 20 And, as we noted, s-u�, at page 31, the conflict is not cured by removing oneself from the review of one's own filings: the public has the right to demand, - that a state officer bring his or her skills to bear in !1 mat• tors which the office calls upon' him or her to consider. DMEM is one of only three agencies principally, respon- sible for overseeing mineral explora;ion and mining activities on lands under state jurisdiction. DMEM personnel cannot be both ~` regulators. and regulated. If they wish to serve in DMEM, they . must forego this relatively narrow range of investment opportun- ities. The common law requires officers and employees in D= who have interests in mining claims to dispose of those interests with all deliberate speed, or resign. 20/ DIEM officers and employees also have access to confidential Ieological, geochemical, geophysical, and airborne surveys. see S•'38.05.240. Were they permitted to own mineral claims, trey might have a distinct advantage "over other prospectors, misers, and investors. This is another•aspect of the conflict of inter- ests inherent in the situation. 21/ The Department of Law has had the full cooperation of DMEM officers and employees in this inquiry= indeed, it was a DMEM officer with an interest in mineral claims who first asked our advice on this matter. At that time, we informally' advised him that there was no conflict, and he ordered his affairs accordingg- 1y. Thus, it was our erroneous advice, and no wrongdoing by the 6Dy officer, that allowed the conflict situation to develop. �- s a i a ,= - w0a. ,Tay S. Harmnond. 368-255 -83, 366-286-83�Vn or December 3s 1982 A66-393:81, J66-457-81 page #35 -- - It is',next' inquired whether a Department of Environ- mental Conservation (DEC) inspector of seafood procassing plants may sell the right to use a proeess.hs developed and patented to Companies whose plants he inspects. The answer is clearly no. j The evil of such •an arrangement is patent: seafood' proaessors-might feel Compelled to purchase the right to use the process or suffer the wrath. of `ihe seller when next -he inspects their plants. ; We hasten to add that there is not the slightest sug- gestion that the particular iaspACtor involved has ever acted ` improperlyf it is the aop__ of impropriety which condemas these proposed transactions. If the inspector wishes to market his process, he must resign or sell his rights in the g process another who may market it. The same inspector also wishes to apply•to the Depart- 1 meat of Commerce and Economic Development (DCED) for a grant to test his process. Because the grant project would likely involve i one or more seafood processors in a cooperative effort to test the process, 4 conflict of interests,on the, inspeetor'soPart 'I If the inspector Chooses the latter course, he may not se - serve an right to receive royaltias of license fees, were he to do so, the spectre of influence would again appear since, though he is not personally marketing the process each seafood proc+es- ayr that used the process would be paying the inspector indirect- i. Hon. Jay S. Hammond, Governor 366-233-83, 366-286-83, A66-393-81, J66-437-81 , December 39 1982 Page #36 i would almost. certainly arise. Ia that ease, the grant would be illegal. See Newton V. Demas, 238 A.2d 376 (N.J. App. 1969)(mu- niaipal engineer, had an outside contract with a developer to da- sign a watsr systems the contract was void because the engineer would have, had to review his own design in his official capaci- We * * 4• , -- it is last asked whether a member of the board of the Alaska Resources Corporation (ARC) sins, a conflict of interests,if he or she is associated with a company that has a contract with the state. AS 37.1f.065 provides:' (a) Members of the board are subject to the provisions of AS 39.50. _ (b) No member or employee of the board may acquire an interest, direct or indirect, in a cor- poration, company, association, or project owned, controlled, or invested in by the corporation. If - a member or .ID i*yyea owns or controls such an in- terest, he shall Immediately disclose the interest in writing to the board and refrain from parties- Pating in any manner in any activity relating to that interest. , Subsection (b) modifies the common law as it would ap- ply to ARC. Under the common law, the member could neither ac- quire a new interest nor keep an old interest in a company doing business with ARC, and this disability could not be cured by ab- _; ► staining on votes and taking no part in deliberations. Under AS __- 37.12.065, acquisition is forbidden, but interests owned upon appointment may be retained, so long as the member abstains from s •y Jay 8. Hamond, Governor 366-255.83, 366-286-83, A66-393.0 s J66-457-81 December 3, 1982 Page 137 voting and has no contact, formal or informal, with other '"'; . members concerning ARC 's-policiei or actions toward the firm in which the member has an interest. This departure from the common law ap- plist only to,mombers and employees of ARC. VIZ, 'CONCLUSION The common law of conflict of interests is uncharted water for most public officials, including government attorneys, They err when they believe that a public official's conflict can be cured if the official takes no part in the decision in which hs or she is i.rerr•hen they into believe that a court Will not invalidate a contract if, though a party, to the contract has a conflict, it is Still a fair price. The courts take the view that officials have a duty to the public to participate in all the decisions they were elected or appointed to make. The courts ordinarily will not allow an, It was also inquired whether an ARC board member maq also be a member of the Alaska Historical Commission. AS 44 47.061, et seq, In view, of the. cleat prohibition on holding ',an ,y other state or federal office, positionor employment , . . , AS 37.- 12.043(b), we believe the board member must resign from either ARC or the Alaska Historical Commission. This prohibition goes further than the common laws indeed, as applied in this situa- tion, it appears to advance no laudable goal. But it is within the legislatures power, and it does prevent the appearance of conflict of interests in many ot►f s "Situations, Ig a more re- fined provision is to be substituted, one which is better able to j discriminate ealone has the power to8doeitpotential for abuse, the • u • I • Hon. JAY , Gove 366-253-83, 366-286:83, rnor December 3 A66.39341, J66-457-81 , 1982 Page 038 official to decline to make a decision is r� Might be Fr88 to have the benefit of that deorder that he or she cision, The , courts will not allow an official 40 make tract with his agency and, when challenged, ass a con• that the contract was more advantageous to e t as a defensi other offer received, the state that any The cormroa law of conflict of interests to prevent officials From aotuall�► talon Unfair aims not only I their offiee, It also a $ air advantage of • aims to eliminate the otential For. and the a earanca to the abuse —... public that officials are subject JOet to p For these reasons, the courts have dealt st with officials in conflict situations eraly , and the do so. Unless the legislature Formsy will continue to taia the public's confidet laces another manes to SUS - AGO hat public officials are fitting in private from their positionnot bons — Public officials, must abide by the common law. Sincerely yours, �y i /'J�� • r'Wilso n L. Condon Attorney General, WLC/Pj8 T. J C( 1 41 , CITY OF KENAI " 0d Ca caW of 44u4a o f I. O. SOX $SO KENAI, ALASKA 99611 11111NON1 US • fbli CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS NAMES//'�'.v' /r /- i✓�l- ti� RQoidont of City of Kenai? //,- Now long?V_ Home AddrQoo/�.;•/ Tel._ 7lC.i •J'1�/is,S� B uo . Add r eo a Tel . Name of Spourle �i/:i.cy.� .�" ,f%✓lr/'�✓ �. Preoontly employed by -J Job Title Currant memborahip In organizationus Part organizational momberehips synaEur�� f"k ZZ 0 a l 1 i CITY 4F KENAI '� "C�il G�a�utal a� �4��•slza" P. O. AOX $10 KLNAI, ALASKA 11611 1111PHONt 213 - 7026 CITY V KE:NAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPAINTUNT TO j� COMMITTEES AND C0I4MISSIONS j NAMEi A, ttoaidpnt of City of Kenai? r..' Havi luny? Homo Addrpoc j14 9-1 • .j=i1,//� i Tol. b ,1j) ��3S , Qua. Add ran n (�,_�1•., 'r; �J�lv; •��'?c,��'�� 1 . 2-�Z ` 4410 Noma of Spounp e E CI%AVYA 1Vc tilt Pr000ntIy employed byi4my���m O^NP C'iJ p_ /uIL'W.5 Jots T it loP-,or- currant momburoti P in organizpt iono : I' j y� j1 6oaxet m elm be r --- NJto-ii►^�1 6, n1A y r' t' i% Crl : ! S ,e,,t 4(, J r/n-1 J�'N�;kf•,� d►�.�cz,r, lc Y� ►t s l.'r`ja:+ Pnot orq:lniznt ions►1 membarohips :i 1l)natI)rf! �. A lURbIC {.IfiNARY Ify fiHNVICfi fi1NCL IY4Y BOX 107 KENAI, ALASKA 00011 REPORT FOR THE 14011T11 OF 13MITH:14i31M 1983 Circulation Adult Juvenile Easy Books Fiction 1803 35h 1318 I1on-fiction 2132 132 194 Total Rook Circulation 5933 j Films, Phonodieco, Pwaphlots, Periodicals 729 Total Circulation 6662 Additiona Adult Juvenile Easy Rooks AV TOTAL Oirta 121 5 8 12 146 Purcha000 171 26 26 223 Total Additions 369 r Remedial and Re -worked Books Adults Juvenile Eaay Books Av Total --- 19 3 2 A Interlibrary Loano Ordered Received Returned Boo1.a 90 33 32 AV 26 2 7 Interlibrary Loans by Our Llbrary Booka 27 AV 33 Volunteers Humber 30 Totall#sura 494 ' Income 'r� N Vinez and gale Books $00.60 — Loat or Damaged Sooka 33.55 Xerox 194,50 - Donations 12.60 - - Total Income for P.eptember, 1983 $671- 25 - 1 ' i 1 1 w _,.� r ,�i-�r�„ r.i. '.,, e. - e •�. .. . uti.r __ _ � - _ .INS off ,n 14 t%, Y, !/ sA •�M >4 00 L) A. U• ' KR1JAl PDH1nBULA BOROU011 � ��I� RC(lUI,AR AUDDI�DLY MISDTiNO �, �. � a'fik/ - OCTOBDR 11 19A1{{ 7s10 P,N, //r ' IOROIIsl14 AUMIfIfaTRATi011 11llLDING �' �'r SOLDOTHA, ALASKA 4'1 • A G E N D A• `ts race 6 s�`��'s. A, CALL TO ORDRR attsti B, PLEDOD OF ALL04SAISCO McBride Corr C, INVOCATIONS Rev, Don Tsillson, lot taptiat Church Corey or4 a, ROLL CALL Soene Sewall D, VACANCY, DESIGNATION 04 DEAT1114 OF ASGRMILYMAN1ER Ncoshon l• �Qj "Cartitying the Rosulte of the Arnost r , 30/l Regular Election" (Mayor) Cropuehotto# P. APPROVAL OF HIIJUTEI (none) Douglas stephane G, COfOdtTTRt RRDORTD Josh aiaaiek (a) OInaneo (Crawford, Corr, Carey, Dintiek, (b) cCiI Affstra/td (Jean, Glick, Douglas, Kosne, e Nellh$ Mork• Arnoss McBride, Stephens, King) i tondsDisposalr(Corr,tCropuchotNs, slick) It, AOEHDA APPROVAL I. GRDINANCS NBARINGS (a) ��"Providing for the Disposition 'ol e rou h solectod Lands to the consist Public by Lottery Land tale to to Known As the 'Moose point sale"" (mayor) Postponed 0.20•I3 (b) W 0#ssifyins certain torouOh fatented Ridgeway fire service Asei"t(mayor) uee by the i (c) "Amending Cho toward toning Ordinance o How e1110Units as an Aoce#sory Use by Conditional Use �ermits in the Llsited Comaorcial 3 DW General Commercial (CO) and Industrial (I) t t#triets" (mayor) t (d) 0 l >f�0_"Authorisint Cho tnponditure of !} ii``=s , �lII""SSf forough Funds to proceed Through the Construction Document Phoses of Project Manage - sent and Architectural Services for the Pro of#d Public school projects for 0oldotne Junior P1 h, Foul Dank#, English fay and Fort Grshas schools" (Mayor) (0) jL"Authorial" the Espenditnre of 01 torougd Funds for the proposed A44511 e�states for the Honer 111`h•Iehoot to Cenetrnet lnprove and Eqquip the Vocational Agriculture Shop, Physics$ Ednsation Area Rahear#al sod Dressing Area Ad) Cent to No Auditorium, Auto Mechanics Sbop and Iwiusing ,- Foal" (Mayor) i J. INTRODUCTION OF ORDINAHCPS (a) Ajd,_j1 7! "Pstablishing a Kenai peninsula Ou�uugi' taste Disposal Advisory Commission" (Stephens/Jean/Carty) (b) Ord. A3.11 "Rezoning FAA Tower Grounds and Jid)a�cinTT,I Acres Lying North of FAA Tower Grounds iron Conservation (C) District to Light Industrial (if.) District, City of Kenal" (Mayor) (e) 0 d•_1ff-71 "Patoning the Sy 51t Dy NR4, of BOG on , T6ll, R1 N S.M., City of Kenai, from Rural Residential Dlstrlct to General Commertial District and the Reclassification of the Land Use plan" (Mayor) (d) 0 d. 13-00 "Authorizing the Receipt of S4-pi "df L.3.114. Funds for Borough Roads" (Mayor) (0) Org, 1 "Correcting Provisions of the Code ega n Dlaeement of Items on the Assembly Agenda" Mayor) (t) A 1fL1 �l)2 "Appropriating 1221 O00 of Federal eveau—sae �Tiafins Funds for the ourehase of an Unintarruptible Power Source, Computer Equip- rent. Computer Programs, end Contract Services to Produce less Map$" (Mayor) (g) o t,"Making Supplemental Apppropriations o osd Service Areas In the Kenai Win. sins Borough for the Yesr 1911.141, (rl.yot) K. CONSIDERATION OF RSOOLUT10N0 (s)"providing for an inventory of Molrodjuig,lands and a Logical sequence of Events to Orderly Disposal Including Nece$$sry Public Particlpatlon in the Disposal Planning Process (Dlmmlek/Corr/Crawford/Jean/Armes$) (postponed iron 0.6.13) (b) „Ana Win# the Allocation of un c p, id Grant Funds Provided In Resolu- tion 13.169 by Transferring 1f0,000 from Past Snd Read, Phase I to the licit Road Project" (Mayor) (c) 10s1. �J_i �I� "Authorizing 6 Contract for the %faction of the New Mover Senior High School to Ilofisan Construction con any [or the legal Amount of 111,5/7,000" Nyor) (6) Egg, 11-lu "Approving Revisions to the Design 111yoro-Ifflons Documents for the english Bay Elenenesrr Sehoog Project, so Prepared By Design Lab, Inc," (Mayor) pp (e) Run ng. ro,the State ofuAtst W' (al Niyor)n� (9) e 1 I'llosinsting Assembly Norbert to IL sr e n • ALegislative Committee" (Arness) I L. PCIiD111O LRtitGi.ATtUN , � (a) Ord. AS•62 "Rezone of Black 4 of llaywsrd 11111 Subdivision from Residential (PH-1) District to Osnoral business (C•3) District and to Amend the Soldotno Land Use plan" (lostponod to 11.1) ' (b) Ord. /3.75 "Rezoning Oovernesnt Lots 41, 42 43, 51 and the Northern 393 Feet of Government Lot 53, City of Kenai from Rural Residential to Ouburban Residential District" (Mayor)11/ar 11.1 (e) Ord. 11.76 "Rezone of Lot$ 21.15 in Block 22 Of the Original Townsits of Seward,.from Rest• dential (9•1) District to Liaited Commercial (CL) District" (Mayor)Ifear 11.1 (4) Ord, CJ•77 "Authorizing the ReeelppC of 1160,000 from State Municipal Aid Grant /•743 for Greer Road" (Mayor) Ifear 11.1 M, FORMAL PRFSENTATI0116 WITH PRIOR HOTICS UPON MATTZAG NOT ON T118 M8871HO AGEHOA 11. MAYOR'S REPORT (a) financial Report, September (b) Appointment, Planning Commission (e) Appointment, Resource Development Commission (d) Construction Report Summary 0. OTIIBR 2116111800 (a) Ord, ,11,3�6f "Enacting Certain Provisions with e ar o Conflict$ of interest in Busing$$ Relationshipps with the Borough" (Glick) RECONSIDERATION RSp. BY HcOAfUUI (b) Furniture and Squipment List Approval for MG11/113 Canyon, Tustumena,11"kit Anchor rotat (e) Roque$$ for Waiver of Penalty and interests Ocean shores Motel 8 Resort P. ASSEMBLY MID MAYOR'S COS01BHT0 PUBI Q• NOTLCONTAtIVOD IIIMFIlTs 1TM8 AOOSHLLYgOTABEpDA NO UPON HATTERS v R. I11FORMATIOIIAL MATERIALS AND REPORTS S. 1107IC8 OF NEXT MEETINO 6 ADJOUP11ME111 (ttoveeber 1, 1983) rPEAT PHARMCK CITY OF KENAS, ALASKA Report on Compliance with Terms and Conditions of Federal Grants, Contracts and Agreements August 19, 1983 '-I u IN 9PEAT MARWICK The Members of the City Council City of Kenai, Alaska$ Piet, Marwick. MOV1101 n !'o. (4-11114r41 Public A(ruun atih AAwkn MuWnl Hank Ilulhimp (101 w( nt ith Av(nu(OW14, 719) An( hurov. Ali nku IYA01 We have examined the oombinsd, combining, individual fund and acocunt group financial statements of the City of Kenai, Alaska, (City) as of and for the year ended June 30, 19839 and have issued our report thereon dated August 19, 1983. Our examination was made in accordance with generally accepted auditing standards, the provisions of "Standards for Audits of Oovermental Organizations, Programs, Activities and Punotions," promulgated by the Comptroller General, which pertain to financial and compliilnoe audits; the Office of Management and Budget (OMB) "Major Compliance Features of Programs Administered by State and Local Oovermmsnts" (the approved compliance supple- ment); and, except as described in the following paragraphs, provisions of OMB Circular A•102, "Uniform Administrative Requirsmsnts for Grants -in -Aid to State and Local Ooverments," Attachment P; "Audit Requirsments" and the "Ouidelines for Financial and Compliance Audits of Federally Assisted Programs" (Guidelines) and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the oircumstanosse The reporting objectives for compliance audits contained in the Guidelines suggest an examination of all transactions for oompliance purposes, as opposed to the selective testing required by Attachment P; therefor$, we have followed the reporting objsotives of Attachment P. in addition, the Guidelines do not provide sufficient guidsnoe for determining the representative number of charges to be examined or performance of the proosdures to ascertain aomplianee. Accordingly, we utilized other materials as supplements in those areas. The Public Paoility Loans Program (MWAiaska-22) operated by the City was not included in the OM8 "Major Compliance Features of Programs Administered by State and Local GovOraments," For this program, the terms and conditions set forth in the contract and agreement were reviewed and the major compliance requirements to be tested wore determinsd. These major compliance require. soots were reviewed With and agreed to by the cognizant audit agency. Attachment P requires that the examination include a determination of whether the Federal financial reports (including financial status reports, cash reports, and claim for advances end reimbursements) prepared by the City con- tain accurate and reliable financial data. We have been informed that Old interprsts the phrase "accurate and reliable financial data" to man that the Federal financial reports present the underlying financial data of the grants within limits that are reasonable and practicable to attain under the circumstances. I ( The Members of the City Council City of Kenai Kenai, Alaska 2 In our opinion, except for the matters that might have come to our attention had our examination encompassed the provisions of the Guidelines referred to In the third preceding paragraph, for the tested operations and records, the City complied with the material terms and conditions of its Federal grants, contracts and agreements, and the tested Federal financial reports present the underlying financial data of the grants Within the limits described in the preceding paragraph, except as noted in the following paragraphs. Further, based upon our examination and the procedures referred to above and except for the matters that might have come to our attention had our examination encom- passed the provisions of the Guidelines referred to in the third preceding paragraph, nothing came to our attention, except as noted in the following paragraphs, to indicate that the City has not complied with the compliance matters referred to above and the Federal financial reports do not present the underlying financial data of the grants within the limits described in the preceding paragraph. The City does not perform a physical inventory of property and equipment purchased with Federal moats as required by OMS Circular A-102, Attachment He Monies held in the accounts specified in Special Conditions (g) and (h) of the loan agreement and in Sections 13, IS# 17 and 18 of the Bond Ordinance for FFL-Alasks•22 were not maintained in separate bank aoounts but were commingled with other City funds in a central treasury. The City has not taken action to correct this compliance violation which was also reported in our report dated September 100 1982 for the year ended June 30, 1982. Although the City is still not in compliance with the loan agreement regarding the maintenance of separate bank accounts, the Department of housing and Urban Development (Department) has not required compliance at this time due to the Department Ia opinion that the use of a central treasury concept provides advantages to the City that outweigh any loss of murity to the Department. This report is intended solely for the use of the City of Kenai, Alaska, and the cognizant audit agency and should not be used for any other purpose. August 19, 1933 :I t / e a } P f- = A:;: ' I r 2 F I PEAS' .A,WICK CITY OF KLNAI Kenai, Alaska Report on internal Accounting Control August 19, 1983 I PEAL' MARWICK Ths Members of the City Council City of Ransil Aiaskst I?e01, marwirk, M11ek,11 & ('ur Celli ivil 11W lt4 Aecountnnin Alnekn Mutual Ikwk 11wbhnts (tiff Wroi Mlh Avenue. Stole BP Mu lumtge, Alnakit 9I M01 We have examined the combined, combining, OdLvidual fund and account group financial statements of the City of Kenai, Alaska, for the year ended June 30, 1983, and have issued our report thereon dated August 19, 1983, As part of our examination, we made a study and evaluation of the Cityts system of Internal accounting control to the extent we considered neoessary to evaluate the system as required by generally accepted auditing standards. The purpose Of our study and evaluation was to determine the nature, timing and extent of the auditing procedures "CeMPY for expressing an opinion on the Cityts financial statements. Our study and evaluation was moat limited than would be necessary to express an opinion on the system of internal accounting control taken as a whole. Management or the City of"'Kenai, Alaska, is responsible for establishing and maintaining a system or internal accounting control. in fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related Costs of control proosdurese The objectives Of a system are to provide management with reasonable, but not absolute, assuranes that assess are safeguarded against loss from unauthorized use or disposition, and that transactions are exscuted in accordance with >m ng$ msnt's authorization and recorded properly to permit the preparation of financial statft=tS in accordance with gensrally accepted accounting priaoiplos. Because of inhsrsnt limitations in any System of internal accounting control, errors or irregularities may naverthsisas occur and not be detected, Also, Projection of any evaluation of the System to future periods is subject to the risk that procedures my blooms inadequate because, of changes in conditions or because the dsgree of oampiianos with the procedures may deteriorate. Our study and evaluation made for the limited purpose described in the first fr paragraph would not necessarily disclose all material wasknsssss in the system. Acoordingly, we do of express an opinion on the system of internal accounting control of the City of Kenai, Alaska, taken as a whole, However, our study and evaluation disclosed no condition that we believed to bs a material waknese, ?his report iS intended solely for the use of the City of Kenai, Alaska, and the Department of Transportation, Office of inspector General, and other federal audit agenoiss and should not be used for any other purpose. August 19, 1983 r. 1 I I r , . t TQLCPN ARN 1Da71 1100,1325 688,6020 AWL C0NFERENCE UPDAT flPrICIAL PRE-CONVERENCE WORK0110PG On Wodnesday morning, November Z, several pro-conforonce mansions have been sahoduiad. The mootings will ha hold in the Juneau Contonnial 11811. Construction Law for Municipal Officiala Tips for Pleated Officiaia Parliamentary Procedure Conforence Outline r r ,► � CONSTRUCTION LAW FOR MUNICIPAL OFFZCIALU 9100 a.m. to Noon - Nickel Rcom Avoidine Problems what to put into (and keep out of) contracts how to administer contracts avoiding claims and delays Deanne with Construction Problems (how do you sue It the roof leaks) responsibilities of architects and engineers responsibilities of contractors Dealine with Contractor Claims evaluation negotiation, arbitration, or litigation This session will be presented by Robert :. smith, attorney and regiatered civil engineer, fie is a mombor of Wickwire, Gavin, and Gibbs, a law firm With a nationwide practice, including several Awnicipalitics in the FaCifiC ftrthwect and Alacka. MKM09R Of THE NAT( M& LGBLX of MIN AM THE HATAMAL A_/dMOT1®q OF COW0190 r"I v pl% F TIPS FOR E"LOEX!TVID OFFICIALS 0100 a.m. - 9150 a.m. Shoffield ballroom #2 I - Relon - who D0e8 what? Bloated Poi cy Makes and Appuintod Administratora Prosontorss William D. Hannoli, Exeeutivo Director International City Management Association David Palmer, Circuit Riding City Manager II - Effectivo Motive Contact Presontorss Jack McBride, Legislator Alaska House of Representatives Pat Teague, Manager City and Borough of Juneau AML PARLIMENTARY PROCEDURE TAPE r" 10i00 a.m. - 10150 a.m. Sheffield Ballroom #2 k-AAHL's tape is an easy walk-through for the Practical application of parliamentary procedure, a necessary tool for public officials. The easy to understand, scriptographic bookist, "The a-b-e's of Parliamentary Procedure" will be distributed. CONFERENCE ORIENTATION IWO a.m. - 11:45 a.m. Sheffield Ballroom #2 League Board, Legislative Committee, and staff members will explain the policies and procedures of conference happenings. An overview ] of general League activities will also be presented. i i I N • � li fl w 4� i