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HomeMy WebLinkAbout1984-09-19 Council PacketJ l' AG[ NDA KENAI CITY COUNCIL - REGIII.AR MI f I ING SfPt. 19, 1904 - 7sOO PM WORK SESSION - 600 PM ✓'; ..,s�,;;.t PLEDGE Of ALLEGIANCE A, ROLL CALL 1. Agenda Approval 2. Consent Agenda ' • 411 items listed with an asterisk (•) are considered -•• to be routine and non -controversial by the Council and will be approved by one motion. There will be no _ separate discussion of these items unless s Council ' member so requests, in which case the Item will be ' removed from the Connont Agenda and considered in its normal sequence an the agenda on part of the General . Orders. 8. PERSONS PRESENT SCHEDULED TO BE HEARD i.-• 3amewHieke, Empire North - Apprniosl=•CI•IAP, 2.---44on Ya•wmm" av- Pat- •4oyle--Coepotltiva Leoee-tppr-wsf#. Vu 3. Joe Arness - High School Auditorium Dedication 4T----4ki9 8oabasd.,-Xonal. Ponlnsule-Boeeagh •- So11d-fists ir%? %ry�ilr•Is i Ioo*norat4voi�-Fe""t,y ....,. 5. Sarah Owen, Lou T. Oberts S/D - Getting Streets Plowed C Thit Mlnx bs{ .r t r1i C. _ PUBLIC HEARINGS 1. Ordinance 974-84 - Increasing Rev/Appne - State Library Grant 2. Ordinance 975-84 - Increasing Rev/Appns - Airport Land Syntex, $10,5001 Water 6 Sewer Fund, $41,210 e. Substitute - Airport Land, $11,9001 Water 6 Sewer, $41,210 3. Ordinance 976-84 - Increasing Rev/Appne - Police Employees Assn. - Borough Senior Citizen fund - $923 4. Resolution 84-119 - Adopting ICMA Retiraent Trust ' 5. Resolution 84-120 - Transfer of Funds • Old Town Redevelopment Planning Study - $15,000 6. Resolution 84-121 - Transfer of Funds - Electric Hook Ups - Chriatmas Decorations - $6,000 1% 7. Resolution 64-122 - Authorizing fesuance/Execution of Loan Agreement - Bond Bank .' S. Resolution 84-123 - Transfer of Funds - Main St., Lake, •1'' •'J;�fs../•a;t{!Fst?.r�..ci Marine, Granite Pt., F80 Project for Change Order 01 - i $18,100 s. Change Order 01 - Main St., Lake, Marine, Granite Pt., F80 Project - $18,100 9. Application for Liquor License - Dan Asoe 0. MINUTES 1. • Regular Meeting, Sept. S, 1984 ' •h �Mc�Q 2. / Special Meeting, Sept. 10, 1984 { E. CORRESPONDViCE 1. Nor'Aeat Management - Purchase Land for Senior Housing 2. City of Homer - Sale 6 Une of Fireworks in Borough 3, • Pacific. Alaska LNG - LNG Terminal Plan 4. Alaoka Native 'fealth Board - Statewide Suicide } Evoluntion Project= Rural Health Study S. Kathleen Hannon, Oregon - City Support of Russian • Orthodoa Church Tours 1 1 f f _ r rl ' 1 F. OLD BUSINESS 1. FMF Contract - Dr. Hannon - Approval of Changan 2. Float Plano Benin Land Purchnue - Dick Mueller G. NEW BUSINESS k 1. Rlllo to be Paid, 81119 to be Ratiflol e --- •-2. Requinitione Exceedinq $1,000 3. Ordinance 959-84 - Amending Kenai Municipal Code - Competitive Ride a. Ordinance 978-84 - Amending Kenai Municipal Code - Competitive Side (Reconsideration) 4. / Ordinance 979-84 - Limiting Training Flighto at Airport S. % Ordinance 980-84 - Amendinq Ordinance 921-04 - Source " of Financing - FSS Facility 6. • Ordinance 981-84 - Amending Zoning Map - Ahlntrom S/O 7. Assignment of Loans - Kimbroll to Diamond - GAA -- 8. Discussion - Land Contact of Sales - Don Asse 9. .._Discussion - Movinq City Shop and Storage Buildings 10, Discussion - Vendor Service in Airport Terminal H. REPORTS 1. City Manager 2. City Attorney 4 3. Mayor 4. City Clerk itl S. finance Director ' 6. Planning 6 Zoning r+.i�_4 _re:40 7. Harbor Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT II '+%'w!m* "..,1^IAt!d*hk'f.!t3ifrii4 1� it 0 f+ r 2 ,I 1 COUNCIL MEETING OF, n �' COUNCIL MEETING OF l i�� r lYT1T ♦ V T%l11TV1lnfT7 • ����7T10%-W• LJrjA A l PW4114b U L A tiUKU U AI COASTAL MANAGEMENT PROGRAM Public Information Handout September, 1984 Thu Is a Castel Maaageaent Woprse? Costal mamgement is a prW m authorized by the state sad federal laws that allows the Kenai Feninsuls Borough to have a straop voice in determiniq land and water wes la and seat the on" area. Why have a poroagh Prograst State law requires tat all dries and baroughs We a program. it the Kenai FleninsWa Borough does not participate the state will Popov it program for the IS"*& In abort, to Kenai Fanizals >>t wo sbould have a program to order to louvre that 8orougb aitimm s poiat-at--view is used to wrbfop the prow st. 1 we is a sly or Tnfage -- dew tit Gad Paslasmla Batoaph prepare oar focal coa" soap atest VOW -at Yea. As a ascend -class boraug4 the Kad Fis&mis Borough ha plannlag powers tar W efties and vftn within the Wotgb. Alm the Borough Is a coastal dbtriet wader the state a" staagrmsat lawt it Is therefore responsible tar preps, the coastal =Wmat program ladudtag all dtits ad vMew Who,win prepare the i'tapraa7 The Borough Is vcrklag vhb a coarAft firm who Will write the program after limfag to dam at am pone seating. The Borough Mania Coasabdoa and Aaeatbly will have se oppartumity to review Go pragras in draft ad ttnd tam prior to aoapttnae. Via the program result is man eoatrol or aoafmgt No. The program an only► use existing regulsUons sad laws. It is a god that development projects twat satisfy aloft regulations and controls would get permits more vickly (Including state and federal permits) ahem witbout a program. Now So* toad vnl the peoples apply tot No firm answer is known now. The law requires tat all load area that sold have a "direct ad algnitiaat Impact can aarlae coaaW WNW be tnduded. Ths cossenu of dtb= will be used to determins where the bwAWWy should be. It my land is in the ftad boaadaty Will I loss my tight to band ar dtvefop it? No: it srist:og laws WoWd permit dsvtbpssnt, the CaaW llaaapmeat program vlll only require an Vat; aware to the ezisttag r"Wstiooa. In tam bow In the boodary Should ante It saber to gat permits ad approvals In many alas. JIM ooald It adze It ssdul When the Ba s progras is complete the Borough an1d request a "metal psrsiY for W work at a dalli r as! nre -- my fill for driveways and bouse pads for maple. This Vaeral peralt Wald than allow a land owner to build a bouse and driveway without bavtAg to Pt an individual perait. This cold an Say soma and dollars for sany hulividuals I'm for development and the esployaeat it brims -- bet I don't was to loss the good tishiy sad boatisd hen. Win the par a allow davebpasat hatafal to these ftsortasy The bale purpose of to program it to seek WOW to this balk conflict. Many bass developastnt an co -exist with our ftfb ad wildlife, previdtd arWn preaudaos are taken. At the Baougb frovt lato maw arts. that prtautiooS are ioawttagly lspartant Now eras I tsars Sara abost the praprm Gad haws ay vimws Ilmdwfi The first raved of public sesttags will be held In the Let two web at SepttSba You eao gat am A mailing list for future handouts and seeft sodas by aandlap la the ooupoo below: OODOOOOOODODO00OOOOOODO00O More Isfersatlo : To too" addWood infarma lm have Vow mat added to do Goal peslows Borough Coastal Moaapaent Program salltag lift• Naas: Addten W. Flews returs this toupoo to an 3701 Boat Thar Asehataps. All "597 OODODOOOOOOOODO0OODODO0000 tfM W/w1 w ttrwM MMetyrtrN t�..wattwtaaw 1111. >k1r10�4 mt Ataw/aMk AeaMlitntim, tit. ArMfa�erw �w.ar.rs�■cio.�wer`�awt�Aaw�.. hs arrwM twswrtwn�w.wseewlMssrs.s..i %mow KENAI PENINSULA BOROUGH AS REGULAR ELECTION OCTOBER 2, 1984 A1 KENAI PENINSULA BOROUGH Al SAMPLE BALLOT OFFICIAL BOROUGH BALLOT A•1 REGULAR ELECTION OCTOBER 2,1084 KENAI PEN. BOROl1BN OFFICIAL BALLOT A•1 BOROUGH MAYOR V • Far Not Mon non Ora J N S a + ASH it + A MOTom + SARISKY. Andrew + THOMPSON, Stan+ .. -BOARD OF EDUCATION (Volt+ For Not Nlon Than Thmo) 8 RT Je + JERRELI + ULLINS POWs K. + WEAT E BY Edo W. + WILDIER, 08fifne+ PROPOSITION B1 Authorizing SI0.000.000In Bonds t0r a WW waste In iWaWn Facility. YES NO pMober 2,1981 + + SEPT. 199 1984 INFORMATION ITEMS 1 - Employment Contract, City Manager Brighton 2 - Kenai Peninsula Borough, Minutes, 8-21-84 3 - Library Report, Auguat, 1984 4 - Kenai Peninsula Borough, Agenda, 9-18-84 5 - Special Assessment Foreclosure List, 1974 through 1984 6 - Billing, S&S Engrs. - S. Highbush, Bumblebee, E. Aliak, Swires, Highbush - $15,690 7 - Transfers of Funds - Aug., Sept. 1984 8 - Beautification Committee, Minutes - 9-11-84 9 - Coastal Management Program Meetinga, Kenai Peninsula 10 - Pay Estimate (Final) - Wm. Nelson - 1st, 2nd - $31,785.55 11 - Memo, Public Works Director Kornelis - LID, Illiamna View S/D jw N +, I 1 1 Empire Forth Inc. Realtors # Development • Constructions Syndication 3820 Lake Otis Parkway, Suite 201 Anchoragge, Alaska 99508.5225 t90V 562.2520 August 21. 1984 ; Jeff Labohn Land Manager, City of Kenai P.O. Box 580 Kenai, Alaska 99611 REs Our Discussion Of Your Appraisal Of Lots 5 & 6, Block 3, Cook Inlet Airpark, Dated April 5, 1984. Dear Jeffs ,.After our visit it was left that I would reapproach the City Council and office with the idea of changing the concept for the, disposal of "I'leased land in Kenai. ?SO'1'IVATION. If the City Council is motivated to snake a market transaction, and that means willing to sell at what the market is willing to pay, then it appears to me that changes need to be made in the way the appraiser is Instructed and the matter of selling the property approached. A lease hold estate, and lease hold value, is generally acquired when the leases has previously leased the property and rents have exceeded what the ,lease presently calls for in rent. For the City to make a market transaction on the lease KENAI PROYESSIONAL LIMITED holds on these lots would require that the appraiser be instructed to find the fair market value of the property with the lease in places in other words to be instructed to appraise the property rights that the City has to sell, mainly the lease hold estate. This would cause the appraiser to approach the value of the property based on the income it is receiving and will receive for the next ninety three years and will adjudge that income stream to display a yield that Investors are wanting to receive on tkeir invested capital. i In order than to be able to soil this property and make a market transaction, the City would he Belling the lease to return something in the neighborhood of 8 to 12% yield, in my estimation, which would make it competitive with current long term inveatmonta. It may need to be 12 to 132 but that is the figure that the appruioor would come up with that would probably be agreed to by all parties. The motivation of the l0000© would be to acquire the land at a market value based on what he to paying for lease rent so that his cash flow would not be severely altered by purchasing the land instead of routing it. Let's face it, a ninety throe your looso is equivilent to the ownership rights for three generations. Therefore, the losses looks to buy a piece of ground that he can service with the cash flow from the property that he's currently using to pay land rent or something close to that. To purchaaa the property that has boon appraised at fair market value and more than double the cast► outlay does not wake sense to a lesson who has control of the land and the property rights for many years ahead. Let's take the case of a disinterested third party investor who may want to buy the land as an investment. Why would he pay more then what the lease would return to him when he could put his money into a competitive investment and earn a higbor yield than he could by buying the land with its lease on it? An investor buying the land at the appraised price now would earn less then 4 annual yield, which iu certainly not competitive in todsy's money market. go what bag effectively boon accomplished by the advancing of $500.00 to the City of Kenai for an appraisal? Thu Appraiser was not instructed to appraise the property rights that the City has to soli. The loasoo has advanced $500.00 with $250.00 going to the appraiser for an appraisal that is unusable by either party. The league still has $250.00 still on deposit with the City. Thu City wants to call the land, but by it's instructions to the appraiser has produced a result that is unacceptable either the City, the ieusee, or a disinterested third party investor. Therefore, it appears to me that the City Council ought to change it's charging of the appraiser in than they should instruct the appraiser to appraise the property by trying to determine the fair market value of the property rights that the city has to sell. Having determined that, the appraisal bag mot the criteria of the City, it has suit the criteria of the lessee and in the event they cannot agree a third party disinterested - �. - �.�,.:�:....�t.-Y_-.wry�- 11) i investor can be persuaded to purchase the land, thereby giving cash to the City because what he is buying is what has been appraised. I can see no good, other than a charade, of continuing the process the way It presently is. In that light, I request either (a) a return of the full $500.00, which was In good faith given to the City as an earnost money deposit expecting that the appraiser would appraise the property rights so the City has to moll and not something they do not have to mall. (b) A roinstruction to the appraiser to appraise the property rights that the City has to sell= namely the leave hold intoroat for ninoty three years; or (c) the City keep my $250.00 for the appraisal to appraise rights that they did not have to sell and return the other $250.00 with a frank confession that they sought to promote the appraisal business in Kenai by indirect subsidy to free lance appraisers, I am sure (c) was not the intent and I facetiously put that in there as an indication of how this program can appear to an outsider. I would be willing to meet with the Council at any of their regular meetings or at any other meetings and discuss this further because I truly believe if the City is motivated to sell the land, they are not preceding In a way that will produce that roault by their present appraisal and sale method. I await your reply. yours, A. Miske 1 Partner Professional Limited CITY OF KENAI „0d (%p4W 4 44a4gz 210 `IDALOO KQNAI, ALASKA 99011 TOLEPNONQ1s9.7520 Auguat 14, 19114 Mr. Jim Minko, General Partner Kenai Profeoalonal, Ltd. 3820 Lako Otin Parkway Anchorage, Alaska 99500-5225 REs Approioal on Lota 5 h 6, Block 3 Cook Inlet Induatrial Air Park 5ubdiviolon Dear ter. M19kos 1 am responding to our conversation of loot week an well as your previous latter in which you ralood eonenrna about the approianl mothodolog y. The Kenai Municipal Coda of Ordinancea provides an option for the purchase of leaned land with oubatantiol Improvemento by the losuou during the life of thu leeae. Additionnlly, polo of such lends must bo made at not loos than fair market valve net by an independent appraiser. These guidelines govornpd the preparation of the appraisal report which you previously reg►seroted from the City of Kunal. It has been the policy of the City to direct the appraiser to estimate the, current market value baued upon foe simple property rights:. While I concur that the property is prenently encumbered by a 99 year lease with 93 years remnininri, I dioagree that this constitutes a baoia for ad,juntinri the apprniued value no estimated by irykholm Real fst.ate Approlrsnl. It in your prerogative to continue 1►raoinq thin property under the terms of the lease agrepment if yoss feel thin in more economically rational than purchasiliq the property. The City of Y.rrnal hno expended $21i0.0f1 of your W10.00 depoolt on the real notate approinr►1. I am only to refund the difference of thin amount to yr)e/. If you di) not aciree with this oppraisal, I recnmmefnrl that you runtra►ul with an independent appr'ataer to prupnr•e nn apprni+sui report on Chia property. The City Mannclor, undor thean eircumatanven, has the authority to nerlpt.iate up to a 50% difference in valuo reyardinq the fair market value of the property. Thank you for your intereat and opinions In thin matter. Slnceroly, Ja�f" L a a h n Land Manager JL /dq r• n a , I IFIVYFIFOIL 4 IFE A IL IE TAklf IE AIVIVI DA II SAL Throughout the Kenai Peninsula Box 1413 • Soldotna, Alaska 99669.262-5822 CURMW MARFQ:,T VALUE APPRAISAL OF Logs 5 & 6, Block 3, COOK WM Il=STRIAL AIR PARK �►�: March 29, 1984 PREPARM PIORs City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 PREPARED BY: Robert Schaafsma - FR WCU4 & SCfC tAAFSMA APPRAISAL 10817 Kenai Spur Highway, Suite 201 Kenai, Alaska 99611 84 - 109 I I I u 1 t I I j i 1 I i 1 I "Y F IFID IL /14 IV IE A IL IE S TA T IE A IFF IV A II SA IL Throughout the Kenai Peninsula Box 1413 • Soldotna, Alaska 99669.262-5822 W. Jeff LaBahn, Lard Manager City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 REs Lots 5 & 6, Block 3, COOK Il= n4DUSTRIAL AIR PARK Dear Mr. LaBahns As you requested, in Purchase Order #52556 , I have made an appraisal of the above referenced property. The property rights appraised are the fee simple title. The purpose of the report is to estimate the current market value of the subject property for leasing or sales purposes. the following report contains the most pertinent data gathered, the appli- cable appraisal methods used and the analysis of the data leading to the estimate of. value. The certification on the following page is an integral part of both this letter and the appraisal report which follows. Based on the Assumptions and Limiting Conditions as contained in this report, it is my opinion that the Market Value of the subject property, as of March 29, 1984, iss Lot 5: $138,180 Lot 6: $1440900 if I can be of any further assistance to you regarding this appraisal, please call me. Respectfully submitted, FrWOMW & SOMW-Ma APPRAISAL P sma Appraiser RS/jch s If 'f CWIFICAIIc N of APPPAisAI, Zile undoruignod does haroby certify as follawa: 1. I have inspected the aubje:t property. 2. I have no present or contc plated future interoat in the real estate which is the subject matter of Asia appraisal report. 3. I have no personal interest or bias with respect to dw subject; matter of this appraisal report or the partica involved. 4. To the boot of my knowledge and bolief the stator ante of fact contained in thin appraisal report, upon Odch the analyaia, opinions and conclu- sions expressed herein are based, are true and corraat. S. 'This appruisal report sots forth all of the Limiting Conditions (impoael by the tam of my acei,gnmont or by the undaraignod) affecting tho arwly Oise opinicno, and oonalusicns oantainod in this report. 6. 2da appraisal report has been made in conformity with and is subject to the regairOWnts of the Society of Real Estate Appraisers. 7. No ono other than the undersigned prepared the analysis, eonclucionse and ePinions conoan&q real, ost:ato that are set forth in this appraisal report. 8. The real prgvrty which is the aubjoat of this appraisal report, wo valued 4s of MMvh 29, 1984. . LI I ,f :f I?1WL2UY IULNPAk U AVIW Lo=ticns in t1w central kit ainoon district of Xmi on Trading Day Imdo bett vm Airport Way and Deaver Loop Roa4. Leal Deecrigtimi Tots 3 Z fi, Block 3, C700K IIJIXT INIWMRM AIR PARK APPIRIUM PiWI3LM Putmoo and EWWtions, To anti uto tho curry It sserket value of the sub jcct property for lemming or salon purpouea. DaUjiftion of Gfa set Values Market Value in dafimci as tho hif,Ilwst price in of money which a property will bring in a caner otitivo and open market wWor all conditions roguiaita to a fair sale, tho buyer anti seller, each acting pru- dently, knosoledgeably, and aocnudm tdw prico is not affectod by undue stimulus. (Art dofinod in Real Patato Amaisal Tesmir 2 j ►, 1975.) Prrovar�ty Rights Atraiouds Tho urwrt==rod feo simplo titlo, vhidi is defined as an abwluto fool a foo without limitatlaus to any par- ticular class of heirs or rostrictiono, but subjoct to the limitations of aninent &min, oschcat, polico lmier and t oticn. An b0mritable estate. OW defined in Real Eatato Tandnology. 1975.) MAW of R000rtids City of Kenai .Dat_o of s=s March 39, 1984 Date of AW=isals Mare 29, 1984 t UDtflNriAltftftttft AtIRf VRr�3 Location IL Urban Suburban Built U➢ A. Over 75% 25% to 7315 Crowth bate Fully Dv. Rapid X Steady Property Values Incronning Stable Demand/Supply Mortago ' {� In 13nl0110e Marketing Time _ Undor 3 thou. T 4-6 Moo. [iurn 1 Unclor 291, Sloe _ Doel intrrg _ Over Supply Ovor 6 Lba. Present Land Use % 1 Family Z 2-4 Fanis.y 1; Apto. % Condo 20% Cousioroinl A% lnductria 30% Vacant Change in Precont nd Uso X 110-Likely L o y w ... 1'a s 11g oco M )From To Predominant Occupancy Owner Single Family Price itortgo $.� to $ PredoininanMaluo single Family Ago NA years to , _ yours Prodomttant AgeYrara. Employment StablUty AV0 Q Convenience to Employment Go Convenience to atiopping coo Convenience to 30110018 Average quality of 80110010 AvM90 Recreational Facilities AverM Adequacy of Utilitiev Mi Property Compatibility 024 Protection from Detrimontal Conditions row Police and Fire Protection Gnd Cenerai Appearance of Pro➢ortios Avexago Appeal to Market verage 1ho subject noiol borhood is a eorawreial and light industrial area in Kenai. It is bounded by the Komi MUnieipai Airport on the west, the Kenai Spur iiigivay to the swth and undmolopod City, land to tho north and Ryan Crack to tho cast. Zino arcs emwists of a rmbor of cmwrcial and light industrial uwra such as nisBort rolated uearo, uarduxw-w, Wwlmlo and retail buoinwoes, the Komi Mall,, bw*o, restaurants, prof wolonai offiees, aril govermmt facilities. 14o t of the industrial users arc to the north and of the neighborhood near the airport and the eomwciul users are near the Kenai Spur nighway. Tho police; and fire dep" masto are lacatod i block to the weut. ram..__ _ s,•;�!:;..r,��� i l Lot 5s 150 x 460 - 69,000± of. "Imensions Lot 6s 150 x 460 x 156 x 417.14 65,8001 of. Aevosc Corner Lot ,oning class ! ca on Yr. - Liqlit Induatrial Present improvements x o do not con!'orm o zon nP regu a-U01ta. Highest and beat use: X Resent Other ( Spool fy ) Public Otherrieaeribe) «.. OFF SITE IMPiiUMMA-01TS B1ee. Street Access: Public ,.Private Gas X — Surfoco Water X 144111teriulice: FtM e 'r vote San.Sewer X Stosin Sewer w... Curb/Otstter Un erc� grounVEI cel. _ Sidewalk Street bights ViewAve Topo _ a Size coal Shape RecFanqudar Drainage Assumed e qua Is the proper y ooRe n a IUTdentified Flood Hazard Area? X do you Comments (favorable or unfavorable including any apparent adverse easements, encroachments or other adverse conditions) Rho subject consists of 2 lots which presently contain: the► structures and related, improvements of the Kenai Professional Buildings. For the purpose of this report appraisal, the lots are valued as if vacant and unimproved with natural ground ,-cover. Based on a soils map of the area, it has well•drained soil and is suitable or developmt. There is electricity, gas, tcle;$=c and public water and sewer available. The lots front on Trading Hay Pbad a h block northeast of Beaver Loop Road. Trading Bay maid is a 2 lane paved street with gravel shoulders which is City maintained. It is a secondary stxeete M31nly ca=Y$M traffic to buskma w located along it. Rtw subject lobs are zoned light industrial which provides for tho development of mutually ompatible industrial and co mereial users. The highest and best use for the Subject is for light industrial or c mnorcial users. 1 wre is a section lisle running through the lots. it is anticipated that this would be vaeatod, as it is not needed to provide access to the adjacent property. Ryan Crock also rung along the back side of the lots and the City is constructing a jogging path along it. u h 1 l r' �,.._.-r ��^'-fir. ` .'., 4 ,.:. , . r...., n i• _i ..... +-,. �. r. a .+- - .. _ .. ...... _ - _ rl i PROMMY VALLRTICN The method used to value the ro p party is the Sales Cotrgaarison Approach which utilizes the principle of substitution. It affirms that the max- imum value of a property tends to be set by the cost of acquisition of an equally desirable and valuable substitute property, assuming no cost- ly delay is encountered its making the substitution. Tfie highest and best use principle is also eaployed. A search was made, therefore, for sales of land that would serve as suitable alternatives to prospective purchasers of the subject property. Real Estate brokers, property owners, the Borough Assessors office and the RwOrders office were contacted as to sales activity. The follow- ing sales are those properties that are considered to be most similar to the subject lot. SALES LATE N0. Lw" BALES PRICE SIZE UNIT VALUE 1 Lot 7, Block 3, 6-81 591350t$f $1.00/sf cooK nq= RID. AM PARK $598357 2 Lot 8, Block 3, 6-81 53,0001 $1.00/sf OOOK DUT IND. AIR PARK $52,929 3 Lot 6, Block 1, ' 10-83 48,9001 $3.00/sf =MIN SUED. 2ND ADD. $146,493 4 Lot 8, Block 10, 6-83 64,900t $2.75/sf EMIN SLED. 2ND ADD. $178,000 5 Lot 3, Block 1, 6-83 22,5001 $3.17/sf COCK IN= M. AIR PARK $71,250 Subj. Lot 5, COOK MM IPM. AIR PARK 3-29-84 69,000f Lot 6, COOK nMU M. AIR PARK 3-29-84 65,800t Camoarable Discussions The 4 cagnrables range in size from 22,5001 to 64,9001 square feet and in price per square foot from $1.00 to $3.17. All the sales are located in the subjects neighborhood as defined in this report and are zoned light industrial. C-1 and C-2 are the sales of 2 lots adjacent to the subject which sold 3 years f ago. They are slightly smaller, but are similar in other respects, such as location, utility and quality. C-3 is the lease last fall of a parcel located ! on Willow Street, approximately 2 blocks west of the subject. It has similar utilities and quality and a superior location, as Willow Street is a heavily -- - `— travelled street between the airport and the Kenai slur 1lighway ufiich is de- v01oped own ercially. C-4 is the sale last summer of a parcel at the corner Of Willow Street and Deaver Loop Road. It is similar to C-3 ewept for its corner location. C-5 is a amller parcel located on Willow Street, 1 block _ west of the subject. It has similar utilities and is vacant. 1 I RM Final Conclusion and Correlation of Values The 5 caVarables have been adjusted for varying differences such as size, location and lapse of time since the date of sale. Rlney indicate a value range of $2.00/sf to $2.18/sf. The lower range is set by C-1 and C-2 ($2.00/ sf) which are the most similar in location but have older sales dates. C-3, C-4, and Cry set the upper range at $2.11/sf to $2.18/sf. 7hoy are considered to have a superior location on Willow Street and C-5 is a smaller parcel. Equal emphasis is placed on all the comparables for their, varying similarities. It is reasonable to assume, then, that as of March 29, 1984 the subject lots could market for $2.10/of ors Lot 5s 65,800 of x $2.10 - $138,180 Lot 6s 69,000 sf x $2.10 - $144,900 If I can be of any further assistance to you regarding this appraisal, please call me. Respectfully submitted, FRitIOWIl4 & SCHAAFSMA APPRAISAL Robert .,chaafsma r-ry, RS/jch - i a I t POn.32, T y 3 "� ' • � J `•4 it It es for Ls • 14 I © U V �' . Y / I 1 ` t '• I � . i�o+ • , . �.. + Gooa 1witz iiYou572i.41- AIR PAa*r C / Tr of !C E N.4 / Konol Poninoulo 8orough, Ala NOTC- Asar..ri NNr! Nvalom lb"s So L18sr.! ...,�__ 7ho 5 cemparablea liavo been adjuutod for varying differences such as oize, location and lapse of thw simm tho date of sale. lboy indicate a value of) %tich are the moot sindlar In location but have older sales dates. C-30 C-4, and 0-5 sat the upper range at 02.11/of to 02.18/cf. They are connidorod to have a superior location on Willow Street mid C-5 ia a maller pircal. Dqual amOwaia is placed on all the amparablon for Oicir varying similarities. could market for 02.10/of ors call Mo. Mich � ~ ' . v. . .. - . . , � . ^ . . '. . ' � ' ,r - a CITY OF KENAI %Od e4212iWaj 4" 210 FIDALOO KQNAI. ALASKA QN11 TURPHON81a9. 7535 MEMORANDUM TOs Kenai Advisory Planning 6 Zoning Commission FROMs Jeff Labahn, Land Manager SUBJECTS Competitive Lease Applicationes Lot 4, Gusty S/0 No. 1 - Ronald Yamamoto/Patrick b Mary Doyle DATES September 14, 1984 r� At the regular meeting of the Planning Commission on September 12th, the . above referenced issue was reviewed and discussed. The following motion reflects the result of that meetings MOTIONS Commissioner Carignan moved that "Mr. Yamamoto and Mr. Doyle meet with the City to explore the possibility of replatting these 3 lots into 2 lots, should this not be poosable at that time, this Commission will take up the matter and make a recommendation at the next Planning i Commission meeting", seconded by Commissioner Bryson. �I VOTE s Motion passed unanimously. I 1 �i 1 Y 1 - al, l Janet Loper Secretary i i II �h 1 f I la w Move adoption Og tha followinf; policy ,jLat(.mo..-nLj All prnv(,l rorldn for which th(, city h,;; fil(.c3 foz- Revenue Sharing ii' not to city standards shall be brought to such standards at city expense. 'All platted Gravel/Dirt roads on which there front two or more dwelling structures shall be aecapted for maintenance, if necessary upgraded to standards and added to the State Revenue Sharing System. All other roadss gravel/dirt/ paper shall be brought to eityA,iXdXfiW,4y standards by the owners at their expsnse before the city shall accept them for maintenance. The city m may support upgrading of roads with dwelling structures on a shared basis after case by caac rwviow. The eit# shall on issuing all building permits annotate all permits as to whether or not the prposed struture fronts on a city maintained road. 9 _ A 1 1 I 1+ 1 1 vl.Ost..i�i�' � ..��►�..,c.. •�Hivc.�l. [i.�..•.._...� ��//..:,r. ....0 Gcz.(lJ/ice• �[.�.....e ....� -yam ✓ - v .tij •zv �� -clad• �' e'."ii ..�t'-•� �/t . �,ut.CO ;�h�,� ,ntoj'� ,� •l'�-�" t►'► ,��..� ca•rstQ�, ,�d�s•� �k,/14.�i�4'�s. 'b►�4ws'(i� �P)K M a ,v�" (,r/�',► � 1,t1 es� eNt'G ✓v+ 7z • �(ii �:.�,(•�•istG� O�rcds� a�� �`' „d� d�✓•�. ��.,pp4tn+.�sL .n�a�Le..�" ,Ls...f. c;, ,��u.,c,, m� �z' ,, �i a.B�•,,7' .L� �L���•�. «..�.,� ��•►,c.�. � ` � OJT" at"t. d ��.. 9f ow•-a�s•rr�tk rt�m�w .,�-. �,,,� • a �ueil� 1��d, av, �. '%h a.y�✓+L l�Ocs. /f �+t a �i[c.L .,�s�y ..�ss� 4 Q"'�"t �'�C•t�,�i'� � .r0' �O�t✓'t� v��-t%�i�'J � LtY��w ���� � � � . �c/►�� � �Ti �si/i. 0�,�,, ,s;,s,�y�r''+ ,�d �P i��li+�f�w.Qi" I �l���i. -tc� �e �1'•A 0-4 'f� a.ti,L L�B������C � B� � k��� ��f%�"' �i�t,-�iaa..� csy�✓•O to IV er ao4a ,,a -A -YA - P 6e cv-ate �,G�cr} (/../� ul LLG.iell Q i .,,,i Ps '� • o' . yt? c_ a ,ro ..zn�a.��� tdi om' l�liQiw� ���/�Gi� .�•1� �d�c�A� "�0'c!L �4�s"i dot. L9D .vp�.�i I��.40 �i:tiuu� �,,,� ,aw•� r.�rrr Cas 7 �, o�� ti .�`' �fu�. lesv ���� �we�� (; .� ..fk�0-+rt� . � ,L �r ,. , /�..X' .�►'w7�',a.e' t �� ni. ..�/. O£�� �l "�. •/�'Yc��-+�n�/ANYYO� ,t��liF,i�� Nu'ti 6% 1 1' 4 J n' Surlgontod bys Adminintration CITY OF KENAI ORDINANCE NO. 974-84 AN ORDINANCE OFF THE COUNCIL OF THE CITY OF KENA19 ALASKA, INCREASING ESTIMATED REVENUE, AND APPROPRIATIONS IN THE 1904-85 GENERAL FUND 0110GF_T BY $14,400 AS A RESULT OF TWO GRANTS FROM THE. STATE, OF ALASKA FOR LIBRARY SERVICE'S. WHEREAS, the Stato of Alaska han awarded tho City a grant in the amount of $4,000 for institutional aervieen, and WHEREAS, the State of Alaska hae awarded the City a grant in the amount of $10,4OO for interlibrary cooporation, and WHEREAS, both grants are for poraunnol and benofito. NOW, THEREFORE,, RE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following incraaooa in estimated rovonuoa and appropriations be mados General Fund ncroaao Estimated Revonueas Library Grants 514 Incronoo Appropriationes Library - Salaries $11,255 it - Workora' Comp. Inouranco 130 to - Hoalth Inouranco 040 to - PERS 1,150 Of - Annual Leave 850 of - Supplomentnl Retirement 60 if - Unemployment �11�5 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thin 19th day of September, 1984. J ATTESTS Janet Whelan, City t, er Approved by Finances TOF4 VMWNER, Firat Readings September 5, 1984 Socand Readings September 19, 1994 Effective Dates Soptombor 19, 1984 M . t Suggested bys Administration CITY OF KENAI ORDINANCE NO. 975-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $10,500 IN THE AIRPORT LAND SYSTEM AND BY $41,210 IN THE WATER AND SEWER FUND. WHEREAS, the Council has reviewed requedta from the City Administration for certain items, and has elected to approve the following purchaness Airport/Land - Choir $ 100 Airport/Land - Computer System 10,400 Water & Sewer/Sewer-Mini Water Jet 40360 Water & Sewer/Sower-Sower Jet Auger 2,000. Water & Sewer/Sewer Treatment -Blower & Motor 30,000 Water & Sewer/Sower Treatment-Opto Vam Units 4,300 Water & Sewer/Sewer Treatment-Vam CB Te:,t Set 550 WHEREAS, the Council believes that these purchases should be made from resources of the related special revenue funds. NOW, THEREFORE., BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows Airport Land S stem Increase Eo mated Revenues Appropriation of Fund Balance $1 Increase Appropriations: land -Small Tooln & Minor Equip. $ 100 Land -Machinery & Equipment 8,850 Land -Repair & MaintenancR 1 550 31Q.505 Water and Sewer Increase Estimated Ravcnuess Appropriation of Fund Balance S41 Increase Estimated Revenuers Sewer -Machinery & Equipment $ 6,360 Sewer Treatment -Machinery & Equip. 34,850 0 Ordinance 975-84 Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thin 19th day of September, 1984. TOM WAGONER, MAYOR ATTESTS Janet a an , y C er First Readings September 5, 1984 Socond Readings September 19, 1984 Effective Dates September 19, 1984 Approved by Finances czd -ram � w SUBSTITUTE Suggested by: Adminiot.ratinn CITY OF KENAI ORDINANCE NO. 975-84 j AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $11,900 IN ;{ THE AIRPORT LAND SYSTEM AND BY $41,210 IN THE WATER AND SEWER FUND. WHEREAS, the Council has reviewed requests from the City Administration for certain items, and has elected to approve the following purchasess Airport/M & 0 - CSSI $ 1,400 Airport/Land - Chair 100 Airport/Land - Computer System 10,400 Water & Sewer/Sewer-Mini Water Jet 4,360 Water & Sewer/Sewer-Sewer Jet Auger 2,000 Water 6 Sewer/Sewer Treatment -Blower & Motor 30,000 Water & Sewer/Sewer Treatment-Opto Vam Units 4,300 Water & Sewer/Sewer Treatment-Vam CS Test Set 550 5" WHEREAS, the Council believes that these purchases should be made from resources of the related special revenue funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Land S stem increase Estimated Revenuess Appropriation of Fund Balance $11,9100 Increase Appropriations: Land -Small Tools & Minor Equip. $ 100 Land -Machinery & Equipment 8,850 Land -Repair A Maintenance 1,550 M & 0 - Repair & Maint. Supplies 1,400 Water and Sewer ncrease stimated Revenuess Appropriation of Fund Balance $41�.ZIO� Increase Estimated Revenuess Sewer -Machinery & Equipment $ 6,360 j Sewer Treatment -Machinery & Equip. 34.850 m /f Ordinance 975-04 Page 2 PASSED BY THE COUNCIL OF mE cm or KENAI, ALAUA, thin 191h (Illy of September, 1984. .,47Ji`m.um,-a-mr -' ATTESTS i anal Who= Cam{" yterTc I I Firnt Readings September y, 1984 Second floc l i nq s 500 ©mber 199 1904 y Effoct i ve Oute s 5000111hor 19, 1984 Approved by Finances a w . ' � 1 A V I /' �ri - , •,,- si . -..-..a- 1 N a., I CITY OF KENAI b 210 FICAL00 9Gt1A1, ALAG9A 00011 TURPHOW 4$3. 9036 MEMORANDUM TOs Honorable Mayor Wagoner Kenai City Cnunnil FROMs Jeff Labohn, Land Manager SU8JECTs Request for Computer Terminal borkotation - Land Management DATE: Auguat 20, 1784 I havo,oubmitted a requent for Federal Revenue Sharing (undo in the amount of $10,400,00 for the purchase of a computer terminal workstation for the Land Management Department, The petitioned computer "ayotem" inr;ludea the following components - terminal, keyboard, ocreen, CPU, printor, maintenance agreements, software, shipping and aceooaaries, Thic eomPuter terminal workstation would be installed au an independent unit•to be operated by the Land Manager, I submit the following items 80 justification for thin requents 1) Inventory - City land records are currently organizers in a manual filing nyntem, The time required to pAsll the specific file, inventory itn enntenta, and re3elpeand to lnquirie o ief extensive, A summary of pertinent information would be entered into the computer and a viewing screen established for each land lease and/or sale props±rty, This information could be readily provided for Council. Administration, or the public for any gteecific city property, An inventory of lands in a certain status (sale, lease, renerve, foreclosed, etc,) would be eanily identifinblr„ 2) Land Management - ©eeyund the advantages of a current inventory status and Improved ie.f"lrm it it a accteria, there Is land manatlement planning bRnefits, Programs; are available for projecting the impacts on land u0Q# revenurta, and ether alternatives involved in land management ducislona, ThJu will be a desirable aid to 11Rlp administration and Council get tho overall view of the City'a policy in land management. y_ For these basic regoons, 1 reeomMld the authorization of funds to purchase thus computer system, JHL s;1 • ' � I J � " i I i 1 i e) =_J I Sugyoutod bys Administration CITY OF KENAI ORDINANCE NO. 976-84 AN ORDINANCE: OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1984-85 KENAI BOROUGH SENIOR CITIZEN FUND BY $923 AS A RESULT OF A DONATION BY THE KENAI POLICE EMPLOYEES ASSOCIATION, WHEREAS, the City has received $922.59 as a donation to the Senior Citizens Program, and WHEREAS, the Senior Citizeno Project Donation desiroo to have the money appropriated for craft instruction and purchase of tools and equipment for the Senior Center. NOW, THEREFORE, RE IT ORDAINED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows$ Kenai Borou h Senior Citizen Fund ncreano .a ma a evenuess Miscellanoou© Donations $923 Increase Appropristi ones Small Toole $323 Miacellaneoue 600 92 PASSED BY THE COUNCIL OF THE CITY OF KENA19 ALASKA, thin 19th day of September, 1984, ATTEST: Janat Whelan, f, y C er Approved by Finances &*a WAGONER, MAYOR First Readings September 5, 1984 Second Readings September 19, 1984 Effective Datos September 19, 1984 ' � i ' �w�. � .. mil. � ..... aJ.. � - « se a-•.« � gar _ _ _ _ _ _ _ _ _ _ _ __ _— - — _ a I -- a 11 11 t (' - V V • Suggrated by: Administration n CITY OF KENAI RESOLUTION NO. 84-119 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE I.C.M.A. RETIREMENT TRUST. ? WHEREAS, the City of Kenai maintains a deferred com penastion plan for its employees which is administered by the ICMA Retirement Corporation, and i WHEREAS, other public employers have joined together to establish the IC14A Retirement Trust for the purpose of representing the interests of the participating employers with respect to the collective Investment of funds held under their deferred compensation plans, and i - WHEREAS, said Trust is a salutary development which further - advances the quality of administration for plans administered by the ICMA Retirement Corporation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Alaska, hereby executes the ICMA Retirement Trust, attached hereto; and BE IT FURTHER RESOLVED THAT THE Finance Director of the City of Kenai ohall be the coordinatof for this program and shall receive necessary reports, notices, etc, from the ICMA Retirement Corporation as Administrator, and shall cast, on behalf of the City of Kenai, any required votes under the program. Administrative duties to carry out the plan may be assigned to the appropriate departments. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of September, 1984. ATTESTS Janef Whelan, Eity Clerk Approved by finances C' • 1 014 WAGONER, 14AYIIR /f DECLARATION OF TRUST of ICMA RETIREMENT TRUST ARTICLE 1. Name and Dolinlllons SECTION t 1 Name The Name of the Trust Crilatod horeby is the ICMA Retirement Trust SECTION 1.2. Definitions Whorevor they are used heroin, the following forms shall have the following respective meanings (a) By -Laws The By -Laws retorted to in Section 4 1 hereof, no amended from time to time. (b) Deferred Compensation Plan. Adoforred compensation pints established and maintained by a Public Employer for the purpose of providing retirement income and other deterred benefits to its employees in accordance with the provisions of soction 457 of the Internal Revenue Code of i054. as amended (c) Guaranteed Investment Contract A Contract entered into by the Retirement Trust with insurance Companies that provides for a guaranteed rate of return on investments made pursuant to such contract. (d) ICMA. The International City Management Association (e) ICMA/RC Trustees. Those Trustees elected by the Public Employers who. in accordance with the provisions of Section 3.1(a) hereof. aro aloomombors of the Board of Do oclort. of ICIdA or RC. (f) Investment Adviser. The Invus:mont Adviser that ontors into is contract with the Retirement Trust to provide advice with respect to investment of the Trust Property (g) Employer Trust A trust created pursuant to an agreernent between RC and a Public Employer for the purposo of aivesting and administering the funds set aside by such umployor in Connection with sit, floforred compensation agreements with its employees. (h) Portfolios. The Portfolios of Invesimonti. established by Into Investment Adviser to the Rotit+nsont Trout. under Inn supervision of the Trustees, for the purpose of pn,vidrng investments for the Trust Property (i) Public Employeo Trusloos. Those Trustees elected by the Public Employers who, in accordance with the piowsuurs of Section 3.114) hereof, are full-time oinployeeto of Public Employers (1) Public Employer A unit of Dtato of local flovernmrmt. of any agency or inulturnentahty thoreol, that tum adopted d U-•f+•rind Compensation Plan and has executed this GaClat,it,on it I t ust (A) RC The International City AlanagemerR Ar,Dort.it,.tn Retirement Corporation (1) Retirement 1rut.1 The 1ritV crodted toy IN% r),.o;udtiun ,if Trust (m) Trust l'rop-my Thrr ameutdL held in Eta! R.•te--nt-•tit TIeDf -rn behalf of ti-e Publ,C Employers Tho Trust Nnip,rHy •di,ui ,n, iu+b• any income resumnq room ihe+n Yeblin,rrtl of fh••,pt•,igri/S rya h••�t1 (n) Ttuslevot Tre i+utii•c Eniratyee lrtisf(•'3 ,in•1 if:ftA iii: Trustt.•es ei.7Cted I) or it o Public Empinyere to s••r•,+•.ia rr.,.e•L. t i tit the Board of Trustees of Me N•,tits"munt Tfwj L ARTICLE It. Creation and Purpose of the Trust; Ownersh:p of Trust Property SECT ION 2 1 Creation Tito Rotiruniont Trust is created and established by the execution of thisDoclaration of Trust by the Trustees and the participating Public Employers, SECTION 2 2 Purpose The purpose of the Retirement Trust is to provide for the commingled investment of funds hold by the Public Employers in connection with their Deferred Compensation Plans The Trust Property shall he invested in the Portfolios, in Guarantood Investment Contracts and in other investments recommended by the Investment Advisor under the supervision of the Board of Trustees. SECTION 2 3 Ownership of Trust Property The Trustees shall have legal title to the Trust Property The Public Employers shall be the beneficial owners of the Trust Property ARTICLE Ill. Trustees SECTION 3 1 Number and Oualdleatron of Trustees (a) The Board of Trucloes shall consist of nine Trustoos Five of the Trustees shall be full-time employee$ of a Public Emplp,••rr (tho Public Employee Trustees) who are authonred by PuboeEmployer tosorvoas1rusteo The remaining fourTrustoas shall consist of two parsons who, of the time of election to tho Board of Trustees, are members of the Board of Directors of ICMA and two persons who, at file time of election, are members of the Board of Directors of RC Itho ICMA, RC Trustees) Otto of the Trustees who is n director of ICMA, and one of the Trustees who to 0 director of RC, shall, at the limo of election, be full-time employees of a Public Employer Ib) No person may sown as a Trustee for more than one toim in Any ton -year period SECT ION 3 2 Electron and Term fill Except tot the Trusloes appointed to fill vaeanews pursuant to Section 3 5 hmoot, Intl Trustees shall be elected by a vote at a mnloti►y at tho Public Eniployefs in aeeorddnco with the prorodureD Del forth in the By -Laws (t)) At ttie first t-lection of Trustees. three Truotoes shall be electe4 for +t ti•rft) of throe years three Trustees Dhdll he elected tut d tetto of Iwo ye,lrti and Inroo Trustees shall tie ebiCtod tot a ti•fm of tine yr,.tr At oaclt subsequent election. tame Ttustoe% andU t ,•Ieeteq for n train of tllreo years and until his or her 'sti( cet5,uf to raucted dad qudbhed !;ECTION 3d Nurnoidtions The Trustees vino die lull-tm+n empeif- e6 of Vublii; Empioyofs shall ;fr vo as the NVm l4laso Cunendt-•,• -ur inn Vuntic Employee Trusloes The NumtLlhng Curnni,tb•e 1w.et t haven Cdrtdrddtns for PobuC ErnplOyge Trusty-$ m •ua:ovixio, bore !tin ptoo-dofos -sot ft)tln tit tn,! fly-Lav tl :,i i;ttt,tt .i 1 N.•�:in,uum Ind ILrtt+u..p .,t :.r•. .... ,. m Iv rr•p„Iri ,1$ Tr,•6ten!wdn,.,,t t •.,.d for rn s,.• :� . -d .r..� iu+ 1. ty ire di,!,um.t•t wntiftiq a I•'ud r • i .d !• e, 1J 1t'n olht f I" ,6t,,Vb d't.1 i'. 7-••5nj' .r!..", i..i t •• '- cI,.e t.&I'm 6ubft doltraf y Vr at a •atdf CJ'N AWY,11eij i I I 4_ 10 the terms of the Instrument Any of it•.,• hmtba,a may h„ removed for cause. by a vote of a mitiorittr of fits ►'utrbl Employers I (W Lach Iruonc [ntpil ry,',r l luDlvr 'd ail, Ir•.uin h, , • n ,,,air. rhdu,n an Trustuo within Snly days of the, e,de on which it, • of she o.ea!„•s to be a full-time employ(,#) of if Nnbhc kmployei eo�*tCTION 35 Vacancies The term of office of it Trustee mull I4mmat0 and a vacancy shall occur in the event of this d(•ath, resignation, removal. adjudicated mroinpotenco of othrtr incapacity to perform the duties Of the office nf a Teusleo In111uctiseolltvitCnriey.tho remaining Trustees Shall eppuelt such portion as they in thou dincrnl,on y shall Soo fit (stibjoCt to the bmdat!ons not forth in this Soction). to serve for the unexpired portion of the term of the Truslen who hen rosignod or otherwise consed to Do a Truotou Thu appointment (,hall be made by a written instrument signed by a majority of the Trustu0a The person appointed must be the canto typo of Trustee 0 n , Public Eniployoe Trustee or ICMA RC Trusteo) as file person who has ceased to be if Trustee An appointment of it Trustee may be made in anticipation of a vacancy to occur at a Inter date by mason of rententont or resignation, provided that such appointmont Shall not bocomooffeetive prior to 5ue•,h retirement or resignation. Whenever a vacancy in the number of TruStoos shall occur, until Duch vacancy Is filled no provided in then Section 3 S. the Trustees in office. regardless of thou number, shall have au the powers granted to the Trustees and shall d!sehnrgn all the dutlnti imposed upon the Trustees by this Declaration A Written inntfument Certifying the existence of such vacancy signed by a majority of the Trustees shall be conclusive evidence of Cho existence of such vacancy, SECTION 3.6. Trustees Servo in Representative Capacity By oxeCuting this Doelatation, each Public Employer agrees that the Public Employee Trustees elected by the Public Employers aro authorized to net as agents and roprosontativo i of the Public Employers collectively. ARTICLE IV. Powers of Trustees e SECTION 4.1. General Powers. The Trustees shall have the power to Conduct the business of the Trust and t0 Carry On its operations. Such rower shall include, but shalt not be limited to, the power to. (a) receive the Trust Property from the Public Employorsor from a Trustee of any Employer Trust; (b) enter Into a contract with on Investment Advisor providing, among otter things, for the establilhmont and operation of the Portfolios, selection of the Guaranteed Investment Cuntracts in which the Trust Property may be Invested, selection of othor Investments for the Trust Property and the payment of reasonable fees to the Investment Advisor and t0 any sub•invoatmont advisor retained by file Investment Advisor; (C) review annually the performance of the Investment Advisor f and approve annually the contract with such Investment Advisor, i (d) Invest and reinvest trio Trust Property In the Portfolios, trio Guaranteed Investment Contracts and In any other investment recommended by the Investment Adviser, providod that if a Public Employer has directed that its monies be invested in specified Portfolios or in a Guaranteed Investment Contract, the Trustees of the Retirement Trust shall invest such monies in accordance with such directions; x (9) keep such portion of the Trust Property in cash nr casn balances as the Trustees, from time to time. may door(, to be in the best interest of the Retirement Trust created horoby, without liability for interest thereon, (f) accept and retain for such time as they may doom adwnabtn any securities or other property received or acquirfid by them as Trustees hereunder, whether or not 5ucn 5ecurihoa of other property would normally be purchasod as investments note• l under; f (g) Cause any se4unties Or other property livid al pan of the Trust Property to be registered in the naene of file Re;tiremleht Trust of in the name of a nominee. and to hold any investment, in bearer form, but the books and records of the TFw5fek5 shall at all � f �I I 11etir4 Www Chart all Aurh ,nvuAtrnnnvi ell, to p,irt of the tt(1t I fnnnlw (h) milk,,, execute licknowlndrfe+. rind drtl,vor tiny and nil ducunlentn fit (Iai,Siel lino culiveyall60 and iley dud all (After enfsftunamta That play tin nocongary ()f appropriate tOC4ffy 0ul tho powers herein granted. (l) vole upon tiny Stock borldn, or other AeCutitfee, give general or 5peC1111 proxies or powers of attorney with or without powet of 5ub5tit11teon, e,ierciun any convorseon privileges, subfieription rights, or other options. and nnaako any payments incidental thereto. oppo50, or conoent to, nr otherwise pAr1tCtpnt0 m, corporate runrglmitationa of other Changes affecting Corporate securities. and dolegille disCroteonary powens, and pay any 115+e55mr-nm or charges In Connection therewith, and generally exercise any of the pownrb of all owner vnlh respect to stocks, hunds. so0unlion or other property hold as part of the Trust Property, (j) enter into contracts or arrangements for goods or services required in connection with the operation of the Retirement Trust, including, bill not timfed to. Contracts with rualodians and Contracts for the provision of administrative services, (k) borrow or false money for the purpose of the Retirement Trust in such amount, and uport such terms and conditions, as Cho Tfu5leo5 shall doom advisable, provided that the aggregate amount of Such borrowings shall not exceed 30% Of the value of the Trust Property No person lending money to the Trustees shall be hound to Soo the application Of the money font or to inquire into its validity, oxp0dioney or propriety of any such borrowing; (1) Incur reasonabloexpenses norequired for the operation ofthe Retirement Trust and deduct Such expenses from the Trust Property, (m) pay expenses properly allocable to the Trust Property incurred In connection with Cho Deferred Compensation Plans or the Employer Trusts and deduct ouch orcponses from that portion of the Trust Property bonolicially owned by the Public Employer to whom such expenses are properly allocable; (n) pay out of the Trust Property all real and personal property taxes, innornc taxes and other taxes of any and all kinds which, in the opinion of the Trustees, are properly levied, or assessed under existing or future laws upon, or in respect of, the Trust Property and allocate any Stroh taxes to the appropriate accounts, (0) adopt, amend and repoal the By -Lows, provided that such By Laws are at all times consistent with the forms of this Declaration of Trust, (p) employ persons to make available interests in the Retirement Trust to employers eligible to maintain a deferred compensation plan under section 457 of the Internal Revenue Code, as arnondod, (q) issue the Annual Report of the Rottroment Trust, and the disclosure documents and Otter literature used by tno Retirement Trust, (r) make loans, mcludmg the purchase of debt obligations, provided that all such juantr shall bear interest at the current market rate, Is) contract for, and delognto any powers granted hereunder to, Such off"ro, agents, onlployees, auditors and attorneys as the Tfutitues may select, provided that the Trustees may not delegate the powers set forth in paragraphs (b), (c) And (0) of this Section 4 1 and may not delegate any powers it such delegation would violate thou fiduciary duties, (1) provide for Cho mdenindication of the officers and Trustees of the Retirement Trust and purchase fiduciary insurance; (u) maintain hooks a id records, including separate accounts for each Public Employer or Employer Trust and ouch additional bepwato accounts as are requited under, and consistent with, the Defunerl Compensation Plan of each Public Employer, and /' I (v) do all such acts. take all ouch prot.nndmga, and oxercrno all such rights and privileges. although tool npeeificaily mentioned heroin as the Tiwr fv rfi may imam nor r•., try m il,pi- l.rralr In administer the Trusf Property and tocarryout file putpunueol trio Retirement Trust SECTION 4 2 Distnhuhon of Trum Property thntrlhutlonn cat rite Trust Property shall be rondo to. or on behalf of, file Public Employer in accordanco with the tones of tho Dolorrod Compensation Plana of Employer Trusts The Trustoos of the Retirement Truitt shall hit fully protected In making paynionts in accordanco with ttin diractionu of the Public Employers or the Trustoos of the Employer trusts without ascertaining whether such payments are in compliance with Iho provisions of the Deferred Compensation Plano or ttie ,igreornrints creating the Employer Trusts SECTION 4,3 Execution of Innlrifinerom The Trustees may unanimovoly designate any one of mnro of the Truoleos to rixneulo my instrument of document on behalf of all, including but not limited to the signing or endorsement of any chock and the signing of any applications, Insurance and other contracts, and the action of Mich Oeslgnited Ttusteeor Trustees shall have the safari force andnNnet au if taken by all the Trustees ARTICLE V. Outy of Core and Liability of Trustees SECTION 6.1 Duty of Care. In exercising the powers heroinhoforo granted to the Trustees, the Trustees shall perform all acts within their authority for the exclusive purpose of providing benefits for the Public Employers, and shall perform such acts with the care, skill, prudence and diligence in thecrrcumstancos then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like arms. SECTION 6.2. Liability The Trustees shall not he liable for any mistake of judgment or other action token in good faith, and for any action taken Or Omitted on reliance in good faith upon the booko of account or other records of the Rotiremont Trust, upon the opinion of counsel, or upon reports mado to the Retirement Trust by any of its officers, employees or agents or by the Invostmont Advisor or any cub• investment adviser, accountants, app►aloors or other experts or consultants selected with reasonable Caro by the Trustees, officers or employees of file Retirement Trust. The Trustees shall also not be liable for any loss sustained by the Trust Property by reason of any investment made in good faith and in accordance with the standard of taro sot forth in Section 5.1. 3 fiLC NON h 3 Bond No Tneiloo uhall bit nhlinah,d to rise, anv hoed ur Ofhnr bocurity for Iho pmfonhanco of any of hri fir hor duteih hau•unrlw ARTICLE VI, Annual Report to Shareholders T►ar trimmon nhall annually imbrmf to file Public Ernplry'05810if roliorf of rho it tesortions of the Raluemonf Taunt. including finer,. r utatronents which shall bit corlihed by indopondont public aceountanl9 chosen by tin Trunloos ARTICLE VII, Duration or Amendment of Retirement Trust SECTION 7 1 Withdrawal A Public may, at any time, with- draw brim thin Rnbromant Truitt by defivefing to the Soardof Trustoos a statement to that effect The withdrawing Public Employes s beneficial intorost in the Retirement Trust shell be paid out to the Public Employer or to fho Trustee of the Employer Trust, as appropriate 13ECTION 7 2. Duration The Retirement Trust shaft continuo until terminated by the vole Of a majority of the Publle EniplOyors, Poch canting Ono vote. Upon termination, all of the Trust Proporty shall bo paid oul to the Public Employers ortho Trustoesof the Employer Trusts. an appropriate SECTION 7 3 Amendment The Retirement Trust may be amended by the voto of a majority of the Public Employers, oaeh easing onri voto SECTION 7,4 Procedure A resolution to terminate or amend the Rot roment Trust or to remove a Trustee shall be submitted to a vote of the Public Employoro if (a) a majority of the Trustees so direct. or (b) a potftion requesting a vote, signed by not loss than 250o of the Public Employoro, is subnlittod to the Trustees. ARTICLE Vill, Miscellaneous SECTION 8.1 Governing Law Except as otherwise required by stale Of legal law, this Declaration of Trust and the Retirement Trust hereby created shall be eonebued and regulated by the laws of flit) Distric, Columbia ,EC,TIOt1 8 2 Counterparts This Declaration may bo executed ty tho Public Employers and Trustees in two orMoto countorparto, each Of which shall be doomod an original but all of which together shall constitute ono and the some Instrument f ry} w /I aI v + Suq(jeol ed hys Adminintrat ion CITY OF KENAI RESOLUTION NO. 84-120 d BE 11 RESOLVED BY THE COUNrIl. OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1984-85 GENERAL FUND BUDGET, II n F ram s Other - Contingency $15,000 To$ Land - Profeaoional 3arviceo $15,000 This transfer provides monies for the Original Townoite of Kenai Redevelopment Planning Study. l PASSED 8Y THE COUNCIL OF THE CITY OF KENAI. ALASKA this 19th day , of Septomber, 1984. i I Tom Wagoner, eyor ATTESTs Janet van, My UTor-W— Approved by Finances a ,Q ... -- , .n -;,- ) — --- 1 . 1 P-r . . . .. '49: . - PUBLIC PUBLIC NU11CL REQUEST FOR PROVOSAP; REDS Vf.L OPMEN T PLAN FOR KENAI O111GINAL 1OWNSITE AND EAST ADDITION CITY OF KENAI The City of Kenai is requentind proposala from qualified consultant firms to prepare a redevelopment planning study for Kenai Original Townalte anti East Addition, Kenai, Alaska. The purpose of this project is to identify the development opportunities and nuggeot appropriate implementation strategies within the study area. A detailed Request for Proposals containing a description of work to be accomplished may be obtained from the City of Kenai, 210 Fidulgo Street, Kenai, Alaska 99611, attention Jeff Labahn, Land Manager. Telophone 907-283-7933. The deadline for submitting proposals is , 1984. PUBLISH: Peninsula Clarion Anchorage Daily News Anchorage Times i •r� rA 1 I i i i f I 1 � Him 0 J [0, - lnll i REQUEST FOR PROPOSALS REDEVELOPMENT PLANNING STUDY FOR KENAI ORIGINAL TOWNSITE AND EAST ADDITION CITY OF KENAI Introd uction The planning study area consists of the Kenai Original Townsite and East Addition, Kenai Alaska (U.S.S. 2970 A and R and U.S.S. 3025 A & 8). This is the oldest settlement area within the City and several historical sites are located within this boundary. The City of Kenai proposes to contract for the preparation of a planning study to analyze the development pntentini of the Old Town area. The objective of the study is to identify means by which the City can coordinate development in this area characterized by narrow rights -of -way, substandard sized lots and vacant properties. Work Tasks A. Inventory and analysis of study areas 1. Land Uses Inventory and map existing land uses and categorize into the following classifications - single-family residential, multiple -family residential, commercial, industrial, public and vacant. All constructed and City -maintained streets are to be shown. Points of interest and landmarks also must be indicated. The existing bluff line within the study area needs to be established. 2. Land Ownerohips Verify the ownership of all land parcels within the study area. Type and date of conveyance must be noted. 8. Development plan and implementations Formulate alternative approaches to development within the study area including but not limited to condemnation, replotting, etc. Analyze various development coordination approaches available to the City of Kenai for accomplishing such proposals. List all available grant programs and other funding sources available to the City in conjunction with these development programs. El 0 /f Final Producta A. Land use map S. Ownership list i C. Minimum three development plans Includinq Peplattinq pcopusals to accomplish cinch D. Inventory of funding nourcea Proposal Content The followinq minimum consultant Information moat be Included In the RFP in order to be conaideredr A. Resume of tho consultant's experience in egt.rivelent proJeetn Including relevant work examples in an illustrative project. 8. Names and supporting resumes of each consultant personnel contributing to the project. C. Project outline, includinq a detailed description of all work tasks, methodology for sccompliohinq those tanks and a timeline for the project with an hourly breakdown for all project personnel. D. Description of the final work products to be produced. E. Total cost of project scope. b •' 096 � � J Surpleoted by fleuuttfir.ation Committee CITY OF KENAI RESOLUTION NO. 84-121 i HE IT RESOLVED BY THE COUNCIL OF THE: CITY Of KENAI, ALASKA THAT � THE FOLLOWING 1RANSFEIt OF MONIES BE MADE IN THE 1984-85 GENERAL FUND BUDGET. From s Other - Cant inrleney $6,0110 lot Parka - Repair At Maintenance $fi;u00 Thia tranafer provides money for electrical hookups for , Christman dacarationo, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA thin 19th day j of September, 1994. „- ro -m arianer, fro'yrir•o ATTES1s t�no ho ®n,CRY T Qck Approved by Finances a z�,1. l w 0 /` September 11, 1984 14EM0RANDUM CITY OF KENAI G;apdoal 4 4ZQ�" 210 FIDALGO KENAI, ALASKA 60611 TEWHONE 289. 7635 TOs Kenai City Council iROMs Beautification Committee SUBJECTS Request for Transfer of funds for Preparation for Christmas Decorations At the regular greeting of the Committee on September 11, 1984, it was the unanimous decision to request the City Council appropriate funds for electrical hookups necessary to install Christmas decorations on light poles and at the airport. The following motion reflects the requests NOTIONS Committee Member Hultberg proved to request a special appropriation for an additional $4,000 (approximately $100 per pole) to install power to 40 light poles, the work to be done by AirTek, seconded by Committee Member Miller. Page 2 of the Minutes of September llth (Info 8 in your packet) detail the discussion and the decorations to be ordered. Submitted at the request of the Committee Janet Loper Secretary NOVE-s-UM -receipt- of propolral from Airtek,- it was found that, the -gouts are SM per pole plus the cost of hookup at the -airport for the tree %tweslinq the asmunt requested not to exceed i6,000. ip /' .; C • Surlrlent rid by: Adm i 0 at roil ton CITY OF KENAI RESOLUTION NO. 84-122 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE ISSUANCE AND EXECUTION OF A LOAN AGREEMENT WITH THE ALASKA MUNICIPAL BOND BANK AND THE ISSUANCE OF A FULLY REGISTERED BOND 10 THE ALASKA MUNICIPAL BOND BANK. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWSs Section 1: Pursuant to Section 18 of Ordinnnce No. 972-8�ie City hereby determines to sell and issue its City of Kenai 1984 Series A General Obligation Bonds (herein referred to as the "Bonds") to the Alaska Municipal Bond Bank (the "Bank") on the terms and conditions fixed in the Loan Agreement hereinafter mentioned in Section 2, and said Loan Agreement is hereby approved in substantially the form presented. Section 'ts The Mayor is hereby authorized to execute and cause t— o be7elivered on behalf of the City the Loan Agreement with the Bank In the form attached to this resolution and the Mayor, Manager, Finance Director and City Clerk are hereby authorized to do any and all thinsls necessary to carry out the obligations of the City pursuant to Ordinance No. 972-84 and the Loan Agreement. Section 3s Pursuant to Section 18 of Ordinance No. 972-84, one fully registered bond in substantially the form prescribed in Ordinance No. 972-84 shall be issued and sold to the Bank, Section 4s Pursuant to Section 6 of Ordinance No. 972-84, one fully registered bond shalt hear interest from its date, and shall be dated a`s of October 1, 1984. The bond shall bear Interest at the rates per annum determined pursuant to the Loan Agreement and shall be sold at a price equal to par plus accrued interest to the date of delivery thereof. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of September, 1984. ATTEST: Janet a an, City elerk Approved by Finances __ a om Wagoner, Mayor 1A LOAN AGREEMENT AGREEMENT, dnted no of the lot day of October, 1984, betwoon the Alaska Municipal Bond Bank, a body corporate and politic constituted as an instrumentality of the State of Alaska exercising public and essential governmental functions (herein- after referred to as the "Bank"), created pursuant to the pro- visions of Chapter SS, Title 44, Alaska Statutes, as amended, (hereinafter referred to as the "Act"), having its principal place of business at Anchorage, Alaska, and the City of Kenai, Alaska, a duly constituted home rule city of the State (herein- after referred to as the "Municipality")s W 1 T N E S S E T Hs WHEREAS, pursuant to the Act, the Bank is authorized to make loans of money (hereinafter referred to as the "Loan" or "Loans") to governmental units; and WHEREAS, the Municipality is a Governmental Unit as defined in the General Bond Resolution of the Bank hereinafter mentioned and pursuant to the Act is authorized to accept a Loan from the Bank to be evidenced by its municipal bonds purchased by the Bank; and WHEREAS, the Municipality is desiroua of borrowing money from the Bank in the amount of 42,SS0,000, and has submit- ted an application to the Bank for a Loan in such amount and the Municipality has duly authorized the issuance of fully registered bonds in the aggregate principal amount of 02,SSO,000, payable in installments, (the "Municipal Bonds") which bonds are to be pur- chased by the Bank as evidence of the Loan in accordance with this Agreement; and WHEREAS, the application of the Municipality contains the information required by the Bank; and , 7 / WHEREAS, to provide for the issuance of bonds of the { Bank in order to obtain from time to time monies with which to make such Loans, the Bank has adopted the General Bond Resolution on May 27, 1976, as supplemented on October 28, 1977 and May 11, , 1978 (herein referred to as the "Bond Resolution") and will adopt a resolution authorizing the making of such Loan to the Munici- .- ._. pality and the purchase of the Municipal Bonds, N NOW, THEREFORE, the partioa agrees 1 1. The Bank hereby makes the Loan and the Municipality , ^ accepts the Loan in the amount of 02,850,000. As evidence of the + : I Loan made to the Municipality and such money borrowed from the Bank by the Municipality, the Municipality hereby sells to the , • I Bank the Municipal Bonds in the amount of 02,850,000. The 1 Municipal Bonds shall bear interest from their data at such rate y or rates per annum stated on Exhibit "A" appended hereto. The interest cost rate for purposes of this Loan Agreement will be "" "" "�-•'•r ' computed without regard to Sections 3 and 4 hereof which require that the Municipality make funds available to the Trustee acting under the Bond Resolution for the payment of principal and Interest at least seven business days prior to each respective principal and interest payment data, Subject to any applicable J legal limitations, the rate or rates of interest borne by the 11 Municipal Bonds shall be the same rate or rates of interest borne by the bonds sold by the Bank (for corresponding maturities) in order to obtain the monies with which to make the Loan and to purchase the Municipal Bonds. I 2. The Municipality represents that it has duly i I adopted or will adopt all necessary ordinances and resolutions i and has taken or will take all proceedings required by law to enable it to enter into this Loan Agreement and issue its binding obligations to the Bank. y .2. I 3. The amount to be paid by the Municipality pursuant to this Loan Agreement representing interest due on its Municipal Bonds (hereinafter referred to as the "Municipal Sonda Interest Payments") shall be not less than the interest the Bank is ro- quirod to pay on the bonds issued by the Bank to obtain the funds from which thiL Loan is made and shall be scheduled by the Bank in such manner and at such times (notwithstanding the dates of payment as stated in the Municipal Bonds) as to provide funds sufficient to pay interest as the some becomes due on the proportionate amount of bonds issued by the Bank for the purpose of obtaining funds to make the loan to the Municipality (hereinafter referred to as the "Municipality's Loan Obligation") . and the Municipality shall make such funds available to the a Trustee acting under the Bond Resolution at least seven business , days prior to each interest payment date. 4, The amount to be paid by the Municipality pursuant to this Loan Agreement representing principal due on its Munici- pal Bonds (hereinafter referred to as the "Municipal Bonds Principal Payments") shall be scheduled by the Bank in such manner and at such times (notwithstanding the dates of payment as stated in the Municipal Bonds) as to provide funds sufficient to pay the principal of the Municipality's Loan Obligation as the same matures, (based upon the maturity schedule provided by and for the Municipality and appended hereto as Exhibit "A") and the Municipality shall make such funds available to the Trustee act- ing under the Bond Resolution at least seven business days prior to each principal payment date. In the event the amounts referr- ed to in paragraphs (3) and (4) to be paid by the Municipality pursuant to this Loan Agreement are not made available at any time specified therein, the Municipality agroos that any money payable to it by any department or agency of the State be with- .3. hr I :2�k�Ij�KAf! s�ljg..W�-..pvy• t 1" r held from it and paid over directly to the Trustee acting under the Bond Resolution and this Agreement shall be full warrant, authority and direction to make much payment upon notice to such department or agency by tho Bank as providod in tho Act. 5. The Municipality in obligated to pay. Seas and Charges to the Bank. Such Foes and Charges actually collected from the Municipality shall be in an amount sufficient, together with the Municipality's Alloeablo Proportion of other monies available therefor under the provisions of the Bond Resolution, and other monies available therefor, including any specific grants made by the United Stator of America or any agency or in- strumentality thereof or by the State or any agency or instrumen- tality thereof and amounts applied therefor from amounts trans - tarred to the Operating Fund pursuant to paragraph (3) of Section 603 of the Bond Resolutions (a) to pay, as the same become due, the Municipality's Allocable Proportion of tho Administrative Expanses (as defined in the Bond Resolution) of the Bank; and (b) to pay, as the same bocome due, the Municipality's Allocable Proportion of the fees and expenses of the Trustee and paying agents for the bonds of the Bank. Municipality's Ailoesble Proportion as used herein shall mean the proportionate amount of the total requirement in respect to which the term is used determined by the ratio that the total of the Municipality's foan Obligation outstanding boars to the total of that portion of the bonds 14sued by tho Bank to obtain funds with which to make loans which are outstanding so certified by the Bank. The waiver by the Bank of any fees payable heroundor shall not constitute as subsequent waiver thereof. 6. The Municipality is obligated to make :he Municipal Bonds Principal Payments achodulod by the Sank on an annual basia -4- 'IJ I .. n,., ..,. „ , .. . . • >�% :;..Jt-�ti�fA't rvsyltss�iidG.i i and is obligated to make the Municipal Bonds Interest Payments scheduled by the Bank and to pay the Foos and Charges imposed by the Bank on a semi-annual basis. 7. The Bank shall not Bell and the Municipality shall not redeem prior to maturity any of the Municipal Beside with respect to which the Loan ie made in an amount greater than the bonds sold by the Bank to obtain the funds from which the Loan is made which are then outstanding and which are then redeemable, and in the event of ally such sale or redemption, the same shall be in an amount not less than the aggregate of (i) the principal amount of the Municipality's Loan Obligation (or portion thereof) so to be redeemed, (ii) the interest to accrue on the Munici- pality's Loan Obligation (or portion thereof) so to be redeemed to the next redemption date thereof not previously paid, (III) , the applicable premium, if any, payable on the Municipality's Loan Obligation (or portion thereof) so to be redsomed, and (iv) the cost and expenses of the Bank in effecting the redemption of the Municipality's Loan Obligation (or portion thereof) so to be redesmads provided, however, that, in the event the bonds of the Sank issued to provide the funds with which the Bank made the Loan under this Loan Agreement with respect to which the sale or redemption prior to maturity of such Municipal Bonds is being made (herein called the "Bank Loan Obligations") have been re- funded and the refunding bonds of the Bank issued for the purpose of refunding such Bank Loan Obligations were issued in a princi- pal amount in excess of or less than Municipality's Loan Obliga- tion remaining unpaid at the data of issuance of such refunding bonds, th* amount which the Municipality shall be obligated to pay or the Bank shall receive under item (i) above shall be the principal amount of such refunding bonds outstanding, .gr 01 In the event the Bank Loan Obligations have been re- funded and the interest the Bank is required to pay on the re- funding hendn is loon than the intoront tho Bank was required to pay on the Bank Loan Obligationo, the amount which the Municipal- ity shall be obligated or the Bank shall receive under item (ii) above shall be the amount of interest to accrue on such refunding bonds outstanding. The Municipality shall give the Bank at least fifty (SO) days notice of intention to redeem Ito Municipal Bonds. In the event the Bank Loan Obligations have been re- funded, the amount which the Municipality shall be obligated to pay or the Bank shall receive under item (III) above, when the refunding Bank Loan Obligationo are to be redeemed, shall be the applicable premium, if any, on the said Bank Loan Obligations to be redeemed. S. simultaneously with the delivery of the Municipal- ity's Bond or Bonds to the Bank, the Municipality shall furnish to the Bank evidence satisfactory to the Bank which shall set forth among other things, that said Bond or Bonds will constitute valid general obligations of the Municipality. g. The Municipality shall be obligated to inform in writing the Bank and the corporate trust office of the Trustee for the Bank's bonds at least thirty (30) days prior to each Interest payment date on the Municipal Bonds of the name of the official to whom invoices for the payment of interest and princi- pal should be addressed. 10. Notwithstanding Paragraph 14 hereot, prior to pay- ment of the amount of the Loan, or any portion thereof, and the delivery of the Municipality's Bond or Bonds to the Bank or its designee, the Bank shall have the right to cancel all or any part of its obligations hor*under ifs -6- a.rh.ti`sK,lt�iJ�;i++9*�,•.,� • c q s b• ia3 f�/� �e ' OW f .s r i U .. 1 a _f f l� (P) Any repreaentation, warranty or other statement made by the Municipality to the Battik in connection with its application to tho Battik for a Loon ahali be incorrect or incom- plete in any material respact. (b) The Municipality has violntod commitments made by It in Ito application and supporting documents or has violated any of the terms of this Loon Agreement. (c) The financial pooition of the Municipality has, in the opinion of the Bank, auffored a materially adverse change be- tween the date of this Loan Agreement and the scheduled time of delivery of the Municipal Bonds to the Sank. 11. The obligation of the Bank under this Loan Agree- ment is contingent upon delivery of its 1984 Series A Bonds and receipt of the proceeds thereof. 12, it any provision of this Loan Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unonforceability of such provision shall not affect any of the remaining provisions of this Loan Agreement and this Loan Agree- ment shall be construed and enforced as it such invalid or unen- forceable provision had not been contained herein. 13, This Loan Agreement may be executed in one or more counterparts, any of which shall be regarded for all purposes as as an original and all of which constitute but one and the same Instrument, Ssch party agrees that it will execute any and all documents or other inotruments, and take such other actions as are necessary to give effect to tho terms of this Loan Agree- ment. 14. No waiver by either party of any term or condition of the Loan Agreement shall be deemed or construed as a waiver of any other terms or conditions, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, -7- r"M whether of the same or of a different soetion, subaaction, para- graph, clause, phrase, or othor provialon of this Loan Agree - Mont. 19. This Loan Agreement morgoo and ouporsodes all prior negotiations, reprosentationa, and agroements between the parties hereto relating to the subject matter hereof and consti- tutes the entire agreement between the parties horoto in respect thereof. IN WITNEBS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ALASKA MUNICIPAL BOND BANK (SEAL) By a rman A T T E S Ts CITY Of KEHAI ALASKA (SEAL) By Title A T T E S Ts • .6. whether of the same or of a different soetion, subaaction, para- graph, clause, phrase, or othor provialon of this Loan Agree - Mont. 19. This Loan Agreement morgoo and ouporsodes all prior negotiations, reprosentationa, and agroements between the parties hereto relating to the subject matter hereof and consti- tutes the entire agreement between the parties horoto in respect thereof. IN WITNEBS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ALASKA MUNICIPAL BOND BANK (SEAL) By a rman A T T E S Ts CITY Of KEHAI ALASKA (SEAL) By Title A T T E S Ts • .6. i • I i -- Sugtleutnd bye Adminlatrat inn CITY OF KENAI RESOLUTION NO, 84-123 BE I1 RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE LAKE, MARINE, GRANITE POINT, MAIN ST. LOOP, AND FBA ROAD CAPITAL PROJECT FUNDs Froms Contingency $18,100 To s Construction $18,100 This tranafor provides money for Change Order No. 1 on this project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of Septomder, 1984. Tom Wagoner, Mayor ATTESTS Janet a an, City Clerk Approved by Finances F*c, I y /I WtY1. J. 44J.LBUi'i a AIQU ukicJ I Box 4625 KENAI, ALASKA 99611 (007) 203.3583 LETTER f•�y �y �-'�' Data A, w� �L7 . //~ 140L�/44,— i T� %�� SG'D�E O.� Gi..O�i(1,�G.v' /%�Ott•E f�c'L�/!tT �Y �C'E�OC�77it/r 04/ ,o�o.AVSt?; 444- 0t71 ff 7v it/02^4-Z-. ri r/ir c'osT A�l/�Lys'/s . Ove E317�JitT� of Cos'T3 /.r � FoG�vwS ,. Ae Zoo S,C y"s/�✓fig`=' /tea "'e. yo j ❑ Plesse reply ❑ No reply nocossary I I ' . FX/3'TJ•r✓6 GT/L/TILE �/'�ar1�� 0 0 /�oTA-T� Ex/,STI�I, TES /,yao Z Sv ` i 70 rfiG CGvSTXioX 7$ AA-V Ot5joCIA-X-W 40s1"3 7'a �E?/c-r./ �o /'r.0 l7/S lira✓CGi /T /�1�ty /.�E /�%�/� J ��✓T /.v2�'•�I' off-- 77y� G/� ib /iGC Tffjs f'/Io<'c�/�'L /W'Oi3 7hff LCN�lj''j�AL7Z'/� IA-- WW45CAZ 177 y%IOl//1OB //vt^4&O5AV /`0�144* ' Plesee reply [; No reply necossary f�Q%��/74ti •moo // �,L�-- _.. ,_ E� i U .. to , ( .0. 'Cilt to 0; C.O. approved by on --- ♦ (1 /', CHANGE ORDER NO: l MAIN STREET LOOP, LAKE, MARINE, 1'")Projeet GRANITE POINT, F.B.O. ROAD - IMPROVEMENTS Illitiatio;l I)ato September 13, 1984 Contractor Comanche Corp. City of Kenai You are hereby requested to comply with the following changer from the contract plans and specifications: Item No. Description of changes - quantities, units, unit prices, change in completion schedule, etc. Increase or (Decrease) Proposal to relocate fire hydrant and install two now valves in existing lines at Willow Street and Frontage Road. Remove and replace 1200 A.C. Pavement @ $3.00 S.P. $ 3,600.00 " Remove and replace 200 S.F. 4" Sidewalk @ $9.00 S.P. 1,800.00 ' Remove and replace 40 L.P. Curb and Gutter @ $30.00 L.P. 1,200.00 ' Remove existing fire hydrant and replace with new fire hydrant 51000.00 � Add 6" Gate Valve to existing line 2,000.00 Add 10" Gate Valve to existing line 2,500.00 Existing utilities in construction zone 2,000.00 ' 9-19. fy •Appgov;a 4Y a ry 4i iyomm © sEn► R)ANAi M . _. � _ V4NANCE — '° et I r rusm WORKS 0 ATTORNEY DIY CLJtX �................�. p-.«_........ OI MA1 MY TD ........r!. *0.! ...... ... I Net change in contract price due to this C.O. $ 18,100.00 CHANGE IN CONTRACT TIME Original Time 120 days Previous C.O.s 0 This Change Order 0 Revised Contract Time 120 days CHANGE IN CONTRACT AMOUNT Original Contract Amount SS44-233.0o Previous Change Orders 0 This Change Order 18,100.00 ftt-vi sed Contract Amount •-AB62.333.AQ �L (Attached) (Above) is (till justification of each It? -en on t111+ C.", inciudtny its effect nn Operation and 043intenanco Gnats. This C.o. is not valid until signed by both the owner and—Aineer. Kenai City Council has to approve ati t'.o.*. Contractor's signature indicates his agreement Herewith, including any adjustment in the Contract sais or Contract time. ay By �y EngineerContractor Owner �e nate Date J 4 • . r a /' Afif. NOA 19_1 KENAI CITY COUNCIL. - REGIII AK MEETING SEPT. 5, 1904 - 7100 PM WORK SESSION - 6130 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Connent Aqanda • All itema tinted with an asterisk (•) are considered to be routine and non -controversial by the Council and „• will be approved by one motion. There will be no separate discussion of these Items unlono a Council member no requonts, in which case the item will be removed from the Connect Agenda and considered in its normal sequence an the ngendo no part of the Ganoral Orders. �;-• B. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Ed Call, Kenai a. Cook Inlet View Dr. Right -of -Nay b. Section 36 C. PUBLIC HEARINGS 1. Ordinance 963-84 - Amending Kenai Municipal Code - Provide Non -Discrimination to Handicapped Regarding Employment 2. Ordinance 964-84 - Increasing Rev/Appne - Alisk, McCollum, Cinderella, Fox, Princess, Linwood Ext. - $650,000 3. Ordinance 965-84 - Increasing Rev/Appno - Police Dept. ^' Addition - $814,000 4. Ordinance 966-84 - Increasing Rev/Appno - Library Addition - $168,506 S. Ordinance 967-84 Increasing Row/Appno - federal %':k- ''• "`-'� .• Revenue Sharing - $409,869 6. Ordinance 968-84 - Increasing Rev/Appno - Airport Main Apron Extension - $2,750,000 7. Ordinance 970-84 - Rezoning - Parsons Homestead S. Ordinance 972-04 - Issuance of $2,850,000 G.O. Bond 9. Resolution 84-107 - Awarding Engineering, Design and Inspection - McLane 6 Assoc. - Sprucewond Glen - $36,500 ' 10. Resolution 84-108 - Awarding of Bid - fence Construction - Plant Tent Site - Peninsula Fence - $9,852.50 11. Resolution 84-109 - transfer of Funds - Photographs for 85-86 Capital Improvement Request Package - $2,500 12. Resolution 84-110 - Tranufer.of Funds - Award of Inspection Contract - Sprucewood Glen - $9,500 13. Resolution 84-111 - Amending Res. 82-102 - Providing for Different Distribution of 1992 Municipal Aid 14. Resolution 84-112 - Transfer of Funds - Purchase Welcomo-to-Keno! Sign for City Limits - i2,S26 15. Resolution 04-113 - Amending Rae. 84-96 - Oct. 2 Election, Amendlnq filing Date for Council Candidates 16. Resolution 84-114 - Transfer of Fundn - Ft. Kenay, Restore Old School House - $2,395 17. Resolution 84-115 - ironafar of Funds - Paint Exterior of Gym - $3,890 19. Resolution 84-116 - Awardinq Contract - Police Dept. Renovation - $618,000 19. Resolution 84-118 - Awardinq Bid - Airport Runway Crock Sealing - PenlAogls Seal Coat - $54,150 20. TranKfer of f.iquur License - severave Ulnpenrary/Tuurinm - Pine* stir !. Mittel a i.riy.}�rrpw�.�n�': � .,n,ErLs:i��t+.'+':'• i W i D. MINUTES 1. •Rogulnr Meeting, Aug. 15, 1984 2. •Speolal Mentinq, Aug. 20, 19114 1. *Special Meeting, Aug. 27. 1984 E. CORRESPONDENCE 1. *Kenai Konnal Club - Dog ,how 2. •Penlneula Home Health Care - Home Health Caro Services 1. •A. Mihich, Kenai - Library 4. DOT - Local Service Honda h Trallo - Project Scheduling S. Empire North - Appralnal, CIIAP 6. Nat'l Longue of Cities - Congreas of Cities, Nov. 24 to 28 7. DF.0 - Virharmon'w Packing - Waotawatar Dirpunal Permit F. OLD BUSINESS 1. Leans Application - Baron Park S/D - Jose Hall - Auto Dealership 2. Lease Application - Guoty 9/0 - Trailer Parking - James Doyle G. NEW BUSINESS 1. Bills to be Paid, Bills to he Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 973-84 - Increasing Rev/Appno - Baron Park Water 6 Sewer - $88,000 a. Public Hearing b. Resolution 84-117 - Awarding Contract - Baron Park S/0 - Trans Alsake Enginesting - $7,000 4. *Ordinance 974-84 - Increasing Rev/Appno - State Library Grant - $14,400 S. *Ordinance 975-84 - Increasing Rev/Appne - Airport Purcheaso - $10#5001 Water 8 Sewer Purchaaes - $41,210 6. *Ordinance 976-84 - Police Employees Assn Grant to Borough Senior Citizens Fund - $923 7. *Ordinance 977-84 - Limiting Number and Type of Vendors - Airport Terminal 8. Discussion - Sol smatof/Oragsoth Land Exchange 9. Change Order /3 (Final) - Airport Ramp Overlay 6 Itinerant Aircraft Parking - Harley's Trucking - $42,747.25 s, Pay Estimate /4 (Final) - $62,822.88 10. Discussion - Moving City Shop A Storage Buildings 11, *Games of Chance 6 Skill - Bets Sigma Phi 12. Change Order Thompson Park Roads - Ccnatruotion Unlimited - 619,250) 13. *Ordinance 978-84 - Amending genet Municipal Code Competitive Bidding H. REPORTS 1. City Manager 2. City Attorney J. Mayor 4. City Clerk 5. Finance Director 6. Planning h Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO HE HEARD ADJOURNMENT i I' -�'ti • � FYI {i 10) J i KENA1 CITY COUNCIL, REBIILAR MEETING, MIN1111-11 SEPT. 5, 1904, 700 PM KENAI CITY ADMIN151RATION 111111DING MAYOR TOM WAGONER PRESIDING PLEDGE: OF ALLI.GIANCE A. ROIL CALL . Preaentl John Mine, Tom Wagoner, Snlly Ballle, Jena Hall, Ray Maaoloo, Chris Monfor Abnents None Councilman Ackarly arrived 7120 PM. A-1 Agenda Approval o. Mayor Wagoner naked that item Info-12 be deleted. b. Mayor Wagoner oakod that item C-12, Res. 94-110, be dincuoned before item C-9, Roo. 04-107 c. Mayor Wagoner noted back-up for Item C-5, Ord. 967-84 was diotributod this data. d. Mayor Wagoner asked that item G-13, Ord. 978-84, be taken off the Conaont Agenda. A-2 Consent Agenda MOTIONt Councilman Hall moved, seconded by Councilman Measles, to approve the Consent Agenda so changed. Councilman Wine naked that item G-7, Ord. 977-84, be taken off the Conaont Agenda. Motion panned by unsnimoua conaont. B. PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Ed Call, Kenal a. Cook Inlet View Dr. Right -of -Way b. Section 36 Ed Call, 1202 Lilac. Regarding the memo from the Borough In the packet. It to their opinion that area cannot be fenced. He wanted to know what to happening down there. There to garbage accumulating there. Atty. Rogers replied he did not dispute the letter, but they are attempting to aaeertain where the section line is. There has been contact with the Corps. of Engineers. Alaska Title report is not sufficient. It encompmaoss the area from Wildwood gets to Spur and out to the Bluff. It may cost Moro money If it has to be staked, engineered and surveyed. He will come back to Council when he has a firm figure. If it is settled that it is on a section line, then they will have to decide If it is City duty to remove. Mr. Call amid the road to the beach has been used since the Air force left. The City has maintained it. Mayor Wagoner noted the Council has taken a *toad that they will find out, and added, It to 05 on the Capitol Improvements $.lot. Mr. Call dincuoned Section 36. The section line ban been clooed off to the general public with dirt. COUNCILMAN ACKERLY ARRIVED AT THIS TIME (7120 PH). Mayor Wagoner naked if there wan a road there. Mr. Call did not know. Mayor Wagoner anked Admintat,ratlon to make a report to Council. Mr. Call osid, at the Wildwood intersection, if that road in closed, there would be no way to qet down the road In enoe of omergoncy. It to not a street, but a right-of-way. A el , R /f XFNAI U Ty WUNCI1, OI.PI, 5, 1904 Pago 2 r C. PUULIC 11LARINl10 C-1 Ordinanco 963.04 - Amendln(l KNC . Provide Non-Diouriminotion • ..r,��,.., ;«.-, ,, , ,F:: , . ,� to Handicapped Rogurding Employment MOTION$ Councilman Meanlen moved, oocunded by Councilwoman Sallie, to adopt the ordinance. Thor" woo (in public comment. ! Motion peaued unanimouoly by roll call vote. • C-2 Ordinance 964-04 - ineroaning Rov/Appna - Alto, McCollum, Cinderella, fox, Prinneeo, Linwood Ext. - $650,000 NOTION, Tables Councilman Ackerly moved, aecanded by Councilman Measles, to table tho ordinance. Motion panned unanimously by roll call vote. C-3 Ordinance 964-84 - Increasing Rev/Appne - Police Dept. Addition - $814#000 " NOTION$ Councilman Ackarly moved seconded by Councilman Nsselee, to ;•_� adopt the ordinance. "•-� theta was no public oomment. 'n,'`' .•• , Motion passed unanimously p by toll cell vote. r� C-4 Ordinance 966-04 - Increasing Rev/Appno - Library Addition - '�' $160,596 NOTIONS Councilman Ackerly moved, neconded by Councilwoman Monfor, to adopt the ordinance. Thsre was no public comment. Notion passed unanimously by roll call vote. C-5 Ordinance 967-84 - Increasing Rev/Appne - federal Revenue Sharing - $409,869 not IONS • Councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the ordinance. NOTION, Amendments Councilman Mesales moved, nocondod by Councilwoman Sallie, to subatltuto the ordinance with 5uhxtitute Ordinance 967-04 In the packet. VOTE, Amendments Motion panned unanimously by roll null vote. , A •' 91NAI CI Ty COUNCIL. gr.pI. 4, 1'/R4 Pogo T J NOTION, Amondments 1 Councilman Menolos moved, nenotidod by Cnun,+liwomnn Onliie, to smand the ordination, pnrin 2, change Parke-Nnnhinery A Equipment to i0,1O51 delete Library -Machinery 6 Equipment{ delete Library-Rooka A Other Material. total would be ohonged to $176,146. Public Marks 0irector explained we have a nhanne to purohnae a tractor and limo sproador. VOTE, Amendment (Pousnd)s Vent Wagoner, Ackerly, Onllin, Hall, N000lao, Nonfor No# Wine MOTION, Amendment# Councllmsn Nine moved, seconded by Councilwoman Nonfor, to ' delete appropriations and related date pertaining to airport land system, i A Cnuncilman Winn aald that@ in no justification to uaa General funds to eubnidiae the airport. i { VOTE, Amendments Notion passed unanimously by roll call vote. �u li There wan no public comment an the ordinance. w MOTION, Amendments I Councilman Wise moved to delete W 5,000, Meter 6 Sewer-Sewsrl and related entries, Notion died for lack of a oacond. i Councilman Wise said thin !s not the way to use the monies. He would ilk# to sae Riehfisld (street) oomplstsd, Councilwoman Nonfor asked for assurance the library would get their funds. VOTE, Main Notion oo Amended (Panood)s Tess Wagoner, Ackerly, Oalile, Nsll, Meselee, Monfor Not Wise C-6 Ordinance 960-84 - Incresoing Rev/Appno - Airport Main Apron Extension - $2,750,000 NOT1ONs Councilman Meanlea moved, seconded by Councilwoman Nonfor, to adopt the ordinance, I there wee no public comment. Notion paonad utianimouoly by roll call vote, C-7 Ordinance 970-84 . Reroninq . Paraana Nomu@tand MOTION# Councilman Mnaalev moved, aecon,lnd by Councilman Ackerly, to adopt the ordinance. /' �iJti✓11K`��M�aa"� ^FIN vvi!....+% KENAI C•Ily CIIONCIt. Gf.PI, 5, 19114 P aqn 4 PURI, l C CGMMf N 11 •. Mike Mal.ana, MoLann A Anson, They are going to record the ftnal plat, Inlet Woodo Nest provides alternate sonean and f more paroola. At the time they do construction, they will provldo gravel access for safety reasons. that to why they aumhinad 2 resonus. There has t;nan an cutotanding aaonsoment against the entire paronl and wan duo at the divorce settlement. By going through thla proandurs, Mrs. Paroone has an opportunity to put coma an the market. Atty. Rogers explained, he still wants the option to say wo want the funds from Mr. Paroonn aloo, if Council wants to go ahead and approve to hopes to sxpsdlts payment, he wants them to know it has not been finallisd In the courts, rho City will get the money whether Council approves it or not. Notion panned unanimoualy by roll call vote. C-8 Ordinance 972-64 - Issuance of f2,050,0O0 0.0. Bonds MOTIONS Councilman Aokerly moved, asconded by Councilwoman Ballis, to adopt the ordinance. NOTION, Amendments Councilman Hostiles moved, seconded by Councilwoman BRILL@, to ouhstituto the ordinance with Substitute Ordinance in the packet. V0TE, Amsndm@nts Notion pa000d unanimously by roll call vote. There wen no public consent on the ordinance. VOTE, Mein Notion ao Amendeds Motion peened unanimously by roll coil vote. C-12 Resolution 04-112 - Tranafor of funds - Award of Inspection Contract - Spruoowood Glen - $9,500 MOTIONS Councilmen Hassles moved, seconded by Councilwoman Monfort to adopt the resolution, There woo no public comment. Motion pe000d unanimoualy by roll call vote. C-9 Resolution 04-107 • Awarding Engineering, Osolgo and Inspection - McLane G Aaooc. - Spruoewood Glen - $16,1,O0 MOTIONS Councilman bekerly moved. seconded by Councilman Measles, to adopt the resolution, there was no Public comment. Motion panned by unsnimoao conoen►,. C-10 Resolution 84-109 - Awarding of Old - fence Construction plant lost sits - peninsula fence - $9,052.50 • �I i I � Ni i G , 1 I 1 b A " 4 KENAI CITY CIIUNCIL upt . 5, 1984 fags 5 MOTION$ Cnunellman Aekerly moved, uecendod by Councilman Nouslea, to adopt the ronolution, There was no public comment. Motion panned by unanimous consent. C-11 Resolution 84-109 - Trannfer of funds - Photographs for 85-86 Capital Improvement Requeut Package - $2,500 NOTION$ Cnunallman Masalen moved, oecanded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Nation panned by unanimous consent. C-11 Resolution 84-itt - Amending Res. 84-102 - Providing for • b. Different Distribution of 1902 Municipal Aid NOTION$ a liAf:ILt�I�,7iltl'i�p; � • Councilman Measles moves, Aeaended by Councilman Ackeely, t0 adopt the resolution. There was no public comment. Notion peened by unanimous convent. „ C-14 Rssolution 84-112 - Transfer of funds - Purchase Welcome -to -Kenai Sign for City Limits - $2,526 NOTION$ Councilman Ackarly moved, seconded by Councilwoman Nonfat, is adopt the resolution. There wan no public comment. i Notion passed by unanimous consent. E-'15 Resolution 84-IIJ - Amending Res. 84-96 - Oct. 2 Election, Amending filing Date for Council Candidates 04, NO T I ON $ Councilman wckerly moved, seconded by Councilwoman nonfat, -�► to adopt the resolution, Mayor Wagoner noted the Borough han changed the filing period before. 0101104, Amendments Councilmen Mesoies moved, uncended by Councilwoman Nonfat, to amend the resolution, in the first WHEREAS, line 1, delete the word "by" and adding the word "revoking," Page 2, deleting the first proposition in its entirety. NOTION, Postpones Councilman Messina moved, seconded by Councilman Hall, to postpone cation till later in the evening, J 'IJ ti .> KENAI CITY C(1IINCII SEPT, h, 19114 Page 6 VOTL L Paused ) s Yens Witte, Wagoner, Ackerly, Nall, Monulnn, tionfor Not Bailie C-16 Resolution 84-114 - Tronsfnr rrf fijndn - rt. Kenay, Renters Old Sahool ilouso - $2#$94 MOTION$ Councilman Measles movod, oocondnd by Councilman Ackorly, to adopt the resolution. There was no public comment, Motion paused by unanimouu consent. C-17 Resolution 84-114 - lranofsr of funds - Paint Extorter of Gym - $3,800 MOTIONi Councilman Ackerly moved, seconded by Councilman liall, to adopt the resolution. There was no public comment. Mayor Wagoner said it would be psintyd in rawhide. Motion passed by unanimous consent, C-18 Resolution 84-116 - Awarding Contract - Police Dept. Renovation - $639#000 MOf10Ns Councilman Ackerly moved, ascooded by Councilman Measles, to adopt the resolution. PUBLIC COMMENis Architect Gintoll reviewed the plans, He sold there was adequate funds, we should get good bids for the library also. Tikigsh to from Pt. Maps, is now in Anchorage. Notion passed by urssnisous consent. C-19 Resolution 84-118 - Awarding Bid - Airport Runway Crack Sealing - Peninsula Seal Cost - $34,750 MOTION: Councilman Measles moved, seconded by Councilman Ackerly, to adopt the resolution, there was no public comment. Notion passed by unanimous consent, C-TO transfer of Liquor License - Beverage olopeneary/fourlom - Pinen Bar 6 Motol >"01I041 Councilmen Mensles moved, seconded by Councilwoman Bailie, to send a letter of nsn-abjection to AMC regarding the Pines, `,. • , �.`x"�' lei;r�bi,Ft;N u i I • Ir �i f i 5 f � -- I I i i 1 � A i r 11 KENAI CITY COUNCIL SEPT. 5, 1984 Page 7 ('.leek Whelan reported that taxes were current. Motion peened by unanimous consent. 0. M1NVES Approved by Consent Agenda. E. CORRESPONDENCE E-1 Kenai Kennel Club - Dog Show E-2 Peninsula Home Health Care - Home Health Care Services E-3 A. Mthich, Kenai - Library Approved by Consent Agenda. E-7 DEC - fisherman's Pocking - Wastewater Disposal Permit Referred to Harbor Commission. E-4 DOT - Local Service Roads A Trails - Project Scheduling Referred to Recreation Commission. E-5 Empire North - Appraisal, CHAP Land Manager Labohn said this will be discussed at the Sept. 19 meeting. E-6 Nat'l League of Cities - Congress of Cities, Nov. 24 to 20 Addtl. Information in packet. F. OLD BUSINESS f -1 Lease Application - Baron Park S/D - Jess Hall - Auto Dealership MOTIONS Councilman Rosales moved, seconded by Councilwoman Monfort for approval of the lease application. Councilman Hall *eked to abstain, he is part of the transaction. Motion passed unanimously by roll call vote, with Councilman Hall abstaining. f -2 Lease Application - Gusty S/D - Trailer Parking - James Ooylo MOTIONS Councilman Ackerly moved, seconded by Councilwoman Sallie, for approval of the Leone application. Motion passed unanimously by roil call vote. G. NEW BUSINESS G-1 Bills to be Paid, Rills to be Ratified MOT10NS Councilman Heaalea moved, seconded by Councilwomen Monfort to approve the bills. Motion passed by unanimous consent. 0 c KINAI 1:11Y 1:1111NI:I1 SFI'1, h, 19114 Patin 11 (1.2 Roquinttlnnn Lxonodinq S1,11011 NO f I (iN i Councilman Nonaloo moved, anunndnd by Councilman Ackerly, to Approve the rnqutnitinnn. Motion pnnond by unanimona ennnont. G-4 Ordination 974.04 - Inornaoing Rev/Appna - !Rate Library Grant - $14,400 G-4 Ordination 974-04 - Inornaninq Rov/Appno - Airport Purchooeo- $10,4(101 Water 4 Sawnr Purohannn - $41,2113 6.6 Ordinance 976.04 - Pollen fmployona Anon, Grant to 0erough Snnior Citiaeno fund - $921 Approved by Connant Agenda. 0-7 Ordinance 977-04 - hlmitlaq Number and Type of Vendore Airport Terminal M®TIONI Councilman Menalan moved, oeeondnd by Councilwoman Monfort to introduco tho ordinance, Councilmen Wine aaknd for more information on the Ordinance. He asked for hintorlo traffic flights, capability of 6 alrlinoo adequately serving needs, oar rental question, bar, lounge, gift shop, money machine. MOTION, Tables Councilman Wine moved, seconded by Councilman Mosel**, to table the ordinance. VOTE (Peaaed)s Yee► Wise, Aokerly, Osilia, Nall, Mangles, Not Wagoner, NOnfor 8-3 Ordinance 973-04 - Inorosai►►g Rev/Appns - Baron park Water b Sewer - $68,000 a, Public Hearing b. Revolution 84-117 - AwordinContract - Saran Park 9/0- Trans Alaska Engineering - ;7,000 NOTION► Councilman Mesalss moved, seconded by Councilwomen Monfort to Introduce the ordination, Councilman Nall asked to abotain, he to an effectod party to the transaction. NOTION, Amendments Councilman Ankerly moved, neconded by Councilwoman Gatlin, to spend necessary funds to extond water A aewor to the "dust bowl” for 61111,000, plum conottuction coots Of f120,O00. Councilman Wine suggeoted extnndinq to Princ000. City Manager 0right,on expluinod they intend to jinn airport money for tijin, Prinennn would hava to bo Ober moninn, J + 1� 1 4 al n KINAI CIIY COUNCII. 81,1111 4, 19114 Norte 4 V(llf., Amondmnnt ( Peon nd)I Vito Nogonnr, Aoknrly, Ilrriltit, Mono lois, Manfer Fin Isi(in Co►snellrnan "nil obotolned, VOLE, Moln Hat inn ua Amanded (Pnnnad)s Yens Naganet, Acker ly, Ifni Ito, Meonine, Man for No Rltoo Councilman dell abotsinr►d, NOTION, 2nd standings Councilman MRanlee Moved, oeaondnd by Councilman Aakerly, to hove 20d roading of tho utdinnnrrn. Councilman wine objected. Thera must he unanimous nonoent for 2nd reading. 0-0 Discussion - lialamatof/Dragsoth Land Exchange band Mansgar I.ahohn explained, 541amstof sutrounds Otsgnoth, this would put Oregnoth to one folds. mayor Nagonar noted this anhannes City property so much as Oragaeth. CnunniSimon wine Said 114 thought thorn was a dead :eatriction. City Manager Otighton said he did not find any restrictions, Councilman Nlsa said the 4414matof losse had to go to granting authority for approval. mayor Msgonor replied, band itansger baba n could check on this, NOT1Oil I Counallman Aoknrly moved, ssoonded by Councilwoman Rollie, to continue on the asme course filth the swsp, Motion passed by unanimous consent. C•14 Resolution 84.113 NOTION, Remove From tables Councilman Neaales moved, seconded by Councilmen Anksrly, to bring the tossolution back to the table, Motion passed by unanimous conoont. NOTION, Amendments Councilman Naaoles moved, seconded by Counallman Ackeriy, to amand the rosolut,ion by roplealny with the aubetitute, joint placed before Council, Notion psoned by ansnlaoun nont►ont, NOTION, Amendments Counallman Havolno moved, onnonded by Councilmen Ackerly, to emend the tennlutlon, 2nd N141.11FAI, delete oil in the psrenthonen, In the 3rd MHf.Hf.A!i, tine 1, chungo the words "wets to" to "ohofold," VOIF, Amendments Nation passed by unnnsma►so earu►ent, i I KPNAI ( I I ( in'N(:11. SEPT. '). 14H4 Pueo II) VlliV # Main Not Inn en Amendod$ Mutton paused by unantmauo convent. C-9 Change (Irdor 0) (Final) - Airport Romp 0verlay 6 itinernnt Aircraft Parking - Nnrloy'ri Trucking - $42,747.25 a. PAY Estimate /4 (final) - $62.1122,88 1401IONS Councilman Ackerly moved, oorondod by Councilman Meanies, to approve the change order. Councilman Wive noted this 10 after the fsct, it took 1-1/2 months to come, Public Works Director Kornellg oxplalnod, he used an old form. The Inspection firm chose to zero out by change order. Councilman Ackerly noted the original amount wan S413,000, the change order brings it to W2,000. 18 there n uurplua? Mr. Kornella replied yes, the reason for the large 490unt of change orders to requoots by the City. Councilman Ackerly naked, what happens to what la left? Mr. Kornelis replied, we have to apply to FAA, he has the application in. The needing was deleted when they extended the itinerant parking, there wag an eroalon Problem. They used rook Instead. Motion panned by unanimous consent. 0-94 MOTION, Councilman Messina moved, seconded by Councilman Ackerly, to approve the Pay Estimate. Notion passed by unanimous consent. 0-10 Discussion - Moving City Shop k Storage Buildings NOTES Mayor W490n0r postponed thle item till Sept. 19 meeting. C-11 Comes of Chance 8 Skill - Bets Sigma Phi Approved under Consent Agenda, C-12 Change Order - Thompson Park Roada - Construction Unllmlted- ($19,250) NOTION$ Councilman Ackerly moved, oeeonded by Councilman Measles, to approve the change order. Mayor W4901for naked, how long will the road remain soft? Public Work* Director Kornelis replied, they are mill compacting. Motion panned by unanimouo consent. C-11 Ordinance 978-84 - Amending K MC - Competitive 110ding NOTION$ Councilman meaaleg moved, seconded by Councilwoman 94111e, to Introduce the ordinance, y t-- I �+ 1 1 0 /` a 1 i 4+CTi.:r::.ww KI{NA1 r1TY rro!BrTI. SEPT. ,, IVM4 Pagan II MOTION, Amendments Councilman Mennlo+t moved, (seconded by Councilwoman Bailie, to amend the ordinance, page 2, paragroph 1, line 9, make the amount $5,000, 5% of the list $1,000. Atty. Rogera noted page 2, paragraph (f), it to "oholl" not "may." If you clot into dlacrotinn with Council, you grit Into profsrontlal treatment, there to exposure In court. VOTE, Amendment (Pouned)i Yost Wine, Wagoner, Bailie, boll, Monolog Not Ackerly, Monfor NOTION, Amendments Councilman Wine moved, seconded by Councilwoman Monfor, to add item (q) "Thane provlalono ahall be part of all bid documents." VOTE, Amendments Notion panned unonlmouoly by roll call vote. VICE MAYOR MEASLES TOOK THE CHAIR. MOTIONS Mayor Wagoner moved, seconded by Councilwoman Rallis, to amend the ordinance, page 2, paragraph 1, line 9, change the amount to $1,250. Paragraph (f), line 1, change the word "shall" to "may." VOTE, Amendment (Posood)s Yees Wagoner, Sallie, Hall, Mannino Not Wiser, Ackeriy, Monfor VOTE, Main Notion as Amended (falled)t Yeas Wagoner, Sailis, Mangles Not Wise, Ackeriy, Hall, Monfor Atty. Rogers asked, what is Council's intentions regarding the prseent ordinance? After some discussion, Council agreed to submit ordinance to Council to rescind the one on the basks at the Sept. 19 meeting. H. REPORTS M-1 City Manager None 04-2 City Attorney None H-3 Mayor Mayor Wagoner spoke. a. He noted the letter from Gov. Sheffield distributed this date regarding municipal grant . Is. At Chambor of Comsorce thin date, Senor Cantu of Mexico woo a gusat, and preeentad a Mexican flag to the City. He would like to dioplay it at City Hall for a time. c. A plague has been received from People Count, this to a non-profit organt/ation that deals in adult training, the City hag participated. a KYNAI t't TY VOUNCll tihH. ., Iva:. ►'ago 12 d. • Ile nakntl who In renponnlhlo for the dent In the airport Inelllt.y7 Airport. Manntlor Errant roplled, thoy havo put comeet borriort► In front of the torminal. Mayor Wagonor roqueatsd fill entltaato on repalra. Council ogreod to the requoet. e. Alanka Aanne. of llooltorn hen invited him to a meeting. He naked for quidalinon from Council regstding fees. MOTIONI Cat/ncllman Mennlns moved, nncondod by COunellwoman Monfort to approve reimburaemont to the Mayor foe hit, attanding functions (with hlo wife whoa appropriate) for expendituton !n his dutlon ran Mayer. Motion panned by unantmoun contiont. H-4 City Clark Clerk Whelan spoke. a. Absentee ballots for the Nikiahke incorporation are available in City Hall from Sept. 10 to Sept. 11. This Is a service the City of Kenai has extended to North Kenai area for some time. b. Filing period has closed for the City of Kenai election. There *to 4 candidates for 1 Council cents, and 2 propositions. M-S finance Director Accountant Parnell asked Council to make a decision on the memo regarding FSS Facility Financing (item H-4 in the packet). Council agreed to go with option /), $mending existing Ord. 11-6 Planning 6 Zoning None M-7 Harbor Commission Councilman Ackerly said them wan meeting Aug. 28. The Solamstof/Dragoeth land owsp was discussed, a resolution of support was passed. Mayor Wagoner sold a report woo made from TAMS on the dock. The Commission decided to postpone action because of Seaway Interest in a commercial facility. H-8 Recreation Commission _ Recreation Director McGillivray reported Capital Improvements Lint was discussed at 9-4 meeting. H-9 Library Commioolon None 1. PERSONS PRESENT NOT 5CHEDIILED lO BE HEARD a. Councilwoman name, Heautificntion Committee, the Committee wsntn to plant mature troop in the downtown craft, 3 membeto have offered to net up the plan and coordinate with Public Workq Dept, for the week of Sept. 17. They will do all Vitt groundwork. The Committee would like to ravine the landoceping plane on building permit.e, i N 9 r 4 KVIIAI !'Il'Y r(Il"e'll BVI'r, 1944 I'UKU i l Mayor Aogoner field this trod planting In the roaponalb►lity ►►r Ph/. M" asked for Colinall approval of planting, Me to not unhappy with this concept, but to unhappy with the lunation of the 400 onndlingn planted fill ever. Caunellwoman Raille 1111111 they hoped to meet with poop!e from ueeenhou)►ea and planned to group the treats. The t.raan should be planted very noun. Ceunallmon Nine paid wit do not have a landouaps plan now. It nhould be adopted by the middle of feb. Councilwoman Bailie cold the Committee would like to be it Commloolon. Mayor Wagoner linked for time to review this requant. b, r"ouneIIwoman Hattie, Cemetery Cmmmltton. Packet Item Info 019 is a map of the present cametery. The Committee heft linked for approval of a survey. Land Manager Lobahn explained, a federal survey was done some tiros ago. Counellwoman Monfor sold the Committee would like to close thin one up and fine new landa. Mayor Wagoner said there are 12-10 burlala per your between hers and^opruro Orove, Councilwoman Monfor added, there are 60 Peninoula burlala. Mayor Wagoner said we need to Garvey, one where we can expand, alit plate out, have it map done, and not up procedures. Councilwoman Rattle noted Mr. Mood hoc ogreed to co-chair the Committee. Mayor Wagoner suggested it be closed down except for those who want to be burled next to people deceoand. MOTION: Councilman Ackarly moved, seconded by Councilwoman Monfor, to outhorlra Adminintration to survey the perimeter of the cemetery for a not -to -exceed flour" of $2,000. MOTION, Additions Councilman Ackorly, with consent of second, that the Garvey be of the ueshle tract, not Into the guliey. Motion passed by unanimoun consent. a. (contd) Mayor Wagoner asked that the Beautification Committee come to the 9.12 work session. c. Mayor wagoner told Council he was scheduling a special meeting for Oopt. 10, 1984 at bsOO PM to discuse Ord, 973-84 and Rev. 84-117 d. Ld Call, Kenol. Regarding the Wildwood entrance, There hoc been an offer of a quit -claim dead from the Native Anne. We ohould purouo Lt. Atty. Rogers replied he hoc had discumsiono with Coorqo Miller, They ato amenable to divesting themselves of the roadway, they are also talking with the City regarding a swap of lando on Lnetion 55, Prior to quit -claim deed they may want to hove come 000uesnrco regarding up-grsde and maintenance, Thane things will be coming to Council. Mt. Call cold thorn have been offers before but they were not puruuod. This would relieve some of the problems, Atty.,flogety explained, there woo a renervntion by the military so long as they lifted the newer line, it wan trsnsfeered to the Nativea, We _ are trying to find alit if the anwar line woo conveyed, s. Carman r.Ultnll, 117 Ouapwood Ct. Regarding local euotra"tee preferonee. It to not any difference between ,:no►tsotor and oaloomon. Public dollato ohould be the name no everybody nine. It 10 expensive to run a burin"fin hate, you want to encourage local hire, :< w, ;;��, .� = The 80.uugh ordinance doets not limit competition. The • j � 1 i 1 ` st- KenA► rtry rnlrur►1 urr't'. 91 19144 ^age 14 Intent to to put people to work, An Innq an 9pK of the people and 90% of the auhaantpact, are urn lor.ul, that to all that pattern. f. Clarence Ladd, Kenai, flalarding the American /lag. He ban Irene trying to hava the foonlar Cnntnr fly flags. The Police and library do. If we cannot put one autaide, Teton pet them 11161de. t7r lint tall flag pole*. City 111111 neyn the other hutldinqu have flags, hot he felt they needed one at City Nall. the Chamber of Commerce lion one. It would be nice to put up the Mexican flaq when Mr. Cantu wise hors. if we lied one for City flail we could fly both flags high enough to eon and put forriign flags up when visitors are here. g. Councilman Ankorly noted the aura for rialto era back on on the strip. there were 9 over the week end. h. Councilwoman Nonfat. qho referred to the latter from the Ono Shan sun Club dietrihuted this date, on the sell- va-ts- incineration proponal. There have been no public hworingo proposed for the sits selection. We should be on top of this at all timea. Mayor Wagoner said he would talk with Baraugh Mayor Thompson. The Borough engineer would be at the Sept. 19 Council meeting to speak, Councilwoman Nonfat asid pant of Thompson Pk, dose not know about this. We should do something an a City. 1. Councilman Wies asked about hiring a consultant to survey Old town. Land Manager Labohn said a report will be evallable at the Sept. 10 meeting. j. Mayor Wagoner noted the lot ads for section 36 will be out next week. (9-10-84) It. Mayor Wagoner sold Joe Arneas has asked the City to support naming the high school auditorium for his grandparents. There will be a resolution at the Sept. 19 meeting. It is tip to the Borough to name all building@ build with Borough funds. AOJOURNMCN 1 t Meeting adjourned at 1105 PH. Janet Whelan City Clark .r � r , '/ r) KENAI CITY COUNCIL, SPECIAL MEETING, MINUTES SEPT. 10, 1984, GsOO PM KENAI CITY ADMINISTRATION BUILDING MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Tom Wagoner, Tom Ackerly, Sally Bailie, Joss Hall, Ray Manahan, Chrio Monfor Aboonts John Wine B. PUBLIC HEARING 8-1 Ordinance 973-04 - Increasing Rov/Appno - Baron Park Water do Sower - $138 9000 MOTIONS Councilman Ackerly moved, aecondod by Councilman Measles, to adopt the ordinance. There woo no public comment. Councilman Hall asked to abstain, he in an affected party to the ordinance. MOTION, Amendments Councilman Aekorly moved, secondod by Councilman Mosolos, to amend the ordinance to an amount not-to-exeoed $200,000 including engineering design of water & oewor, including lots; 4 b S. Finance Director Brown acid the current balance in the airport account is $935#000. City Manager Brighton said lots 1,2 & 3 are spoken for. VOTE, Amendment (Paosed)s Motion passed by unanimous vote with Councilman Hall abstaining. Finance Director Brown noted they did not change engineering Inspection, etc. Is it implied Administration would apply to accounts? Mayor Wagoner replied yes;. VOTE, Main Motion as Amended (P000ed)s Motion peened by unanimous vote with Councilman Hall abstaining. r � R KENAi CITY COUNCIL SEPT. 10, 1984 Paso 2 B-2 Resolution 64-117 - Awnrdinq Contract - Enginoerinq Donign, $5,500; Inapoction h Survoying, $1,500 - Baron Park S/D Water h Sewer - lrana Alaaka Enyrg. MUTIONs Councilman Ackarly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Mayor Wagoner asked if theon were not-to-exeeod figures. Public Works Director Kornolis replied, $139000 for engineering and inspection; design is $9050U, inopection is $3,500. �..•. �� �. �4 wC �u., e.; MOTION, Amendments Councilman Ackerly movedseconded by Councilman Meaoleu, to amend the resolution to 19,500 for design, $3,500 for inspection and ourvoying; to Trano Alaaka Enginoering. VOTE, Amendments Motion pooaed unanimously by roll call vote with Councilman Hall abstaining. VOTE, Main Motion as Amendeds Motion psseed unanimously by roll call vote with Councilman Hall abstaining. City Manager Brighton noted there will be 3 parties at the Sept. 19 meeting wanting to purchase lass@ property by contract, He asked them to review Atty. Rogers' memo regarding selling by contract. Atty. Rogers said he would mail out copies. A©JOURNMENTs Meeting fadjourned at b s 30 PM. Janet Whelan City Clerk r,6 0 %{ N go NOR'WEST MANAGEMENT, INC. Soptembor I, lgft/, The City Council City of I:anai Kenai, Zoica 91511 Ladies and Gentlemen of the Council; I am writing to on -Aire the tiissibflity of acquiring some land that to nresently mined by the City of Kenai. The nurnose of this acquisition %All be to construct subsidized Sar.i.or flouring imr►ediately adjacent to your rnw, Senior Center. Thfo ait•eelmt to n•asnntly tii c;itstn-cc harp in Kodiafc and it has been Working axt•ametY '4e11, n8neeial1/ for those Senior Citizens who 'rfo not drive, The niece of la!•d I am interesto.d in Ties between the Senior Center and the 8rontale Road and is bounded by the creek and the access road to the Senior, Center. I undarstand, of course, that if the City c4ould release the land fir this ;iurooce that ern would have to nay, the ammaiaed value for the lard. Ila are Presently enraGed in conducti.nn a marhet curvey i- the Kenai- Saldotna area is ordeir to detemine the foaaibi.lity of this construction and also to determine the number of unito that may be needed. It would be helnful to 1;ns,7 if this land would be available. �incerely, r I1.D,. Aa••fea, P-esi�te�t QRE00N WASHING TON ALASKA 612 E PINE STREET 102 i i N E. wrd COORT P.O. 809 3401, KODIAK 00815 CENTRAL POINT, OR 07502 80THEU WA 98011 10071 486.8219 1601664.6061 1206; 821.7478 i 1 r -� o ®s o �i 4 %1" O Part o1 Manor Ph. (907) 2X41697 0 Mnbor Moser Ph. (907)79049M Haven O Puh116 Work{ Dept, q G Ph. (007)984120 NOM IR, ALAfKA /A VISIT 99�03•>•Nf "�"6CITY OF HOMER OMO City Engineer I Ph. 49071 2354M i �{ I r, August 31, 1984 Janet Whelan, City Clerk 0_, City of Kenai - � 210 Pidalgo �� �rA t , Kenai, Alaska 99611 Dear No. Whelans i Please be advised that the Homer City Council considered the resolution previously forwarded to us regarding regulation of the sale and use of fireworks in the borough. The City Council on a three -two vote rejected : a adoption of a similar resolution by the City of Hamer. q If I may be of any further assistance in this matter, please contact ale at j your convenience. 8incerelY, 1 71Cq.,8hely HCM f City Unager PCS/pb II ces Stan 2=Wcn, Mayor Kenai Peninsula Borough Donald Cripps, Mayor City of Seward a it M� I..... "O w,,- .7 . _R Pacific Alaska LNG Associates • P O. Box 2674 Anchorage, Alaska USA 995(2g-10 (f� 4vt r�Ik CALIFORNIA P.V.C. RULES ON LNG TERMINAL PLAN On September 7, 1984s the Caiitornza Public Utilities Commission I gave its decision on our LNG project. The decision was a far -cry from what we harp asked for. We had asked to koop our permit on the terminal site and to "bank" the project in a special category the PVC has called "Plant Held for Future Use." The Commission's decision removed our conditional permit and then gave us a choice abandoning the project or holding the site. it did not give us an option to,banl�the project. The PUC decision K also gave us 60 days to make our chdSce. it also ruled on what costa we could and could not regain through rates. If we chose to go forward, there would be a slight financial advantage to us. The decision also granted us rate increases to pay for direct out-of-pocket costs, including various studies performed at the request of the wUC. The sponsoring companies --Pacific Lighting Corp. and Pacific Gas 6 Electric Co. --had announced in 1982 that they would pot go I forward with the project until the need for the gas could be more fully demonstrated. The latest gas market study shows that need to occur in 1990. (see the next story) It may be a month before we decide how we will respond to the PUC decision. One option is, of course, to ask -for a rehearing. A NEW GAS SUPPLY STUAY ON THE CALIFORNIA MARKET The California Gas Report of 1984, recently prepared by the gas industry, shows there will be an increasing need for now gas sourcoo after 1990. LNG is at the top of the list for meeting that need. Even though the population of California is projected to climb by 18% during the remainder of this century, the demand for natural gas is expected to remain relatively constant during that period: The reason --residential use per customer is expected to decline another 20% because of conservation efforts. One other projection that you might find of interest. The price of wholesale gas purchased at the border is expected to increase from today',s average price of $4.03 per Mcf to $5.51 per Not by the year 2000. ' 1 I M ' Rlaska NQ tLive Health Board ` e')t 135 W. 8th AVENUE, SUITE 2, ANCHORAGE, ALASKA 90501 PHONE (007) 270.8080 August 30, 1984 .90 r C /Q9 n1 r• The Honorable Toes Wagoner City of Kenai 210 Pidalgo Kenai, Alaska 99611 Dear Mayor Wagoners The Alaska Native Health Board (ANHB) recently was awarded $175,000 from the State of Alaska to conduct two studies. One is a Statewide Suicide Evaluation Project and the other a Rural Health Study. Work on both studies began on August 1, 1984. The purpose of the Suicide Evaluation Project is throefolds (1) to document the extent of the problem and its probable causes; (2) to develop a report that can be used as a long-range planning tool by the Regions, State and Federal Governments; and (3) to assist villages by developing recommendations and Models for suicide prevention �J programs. The purpose of the Rural Health Study is tot (1) update the Rural Health Study sponsored by the House Finance Committee in 1982; (2) work with the State Department of Realth b Social Services in tailoring general/overall state health policy to epec— Me rural needs; and (3) assist the Legislature in shaping its funding of Rural Health activities over the next 5 to 10 years. Susan Callan, a professional Health Planner formerly with South Central Health Planning and Development, inc., has been hired as Project Coordinator for the studies. Teresa Sappier, a Physician's Assistant, has boon hired as Researcher for the projects. Dennis DaCsose, Executivo Director for the ANHB, will be the Project Director. During the coming year, the ANHB will hold meetings/hearings in all 12 Regions. Additionally, the ANHS intends to assemble a working technical panel of persons repre— senting various parts of the health field to provide guidance to the study effort and review draft materials developed in the project. We welcome any input you would like to make at this time and look forward to working with you during this coming year. Thank you for your interest in this project. ALEUTIAN/PRIBILOF ISLAND ASSOC, INC BRISTOL BAY AREA HEALTH CORPORATION COOK INLET NATIVE ASSOCIATION COPPER AIVERNATIVE A5130CIATION KODIAK AREA NATIVE ASSOCIATION MANII LAO ASSOCIATION THE NORTH PACIFIC RIM NORTH 3LGPE BOROUGH HEALTH CORP NORTON SOUND HEALTH CORPORATION SOUTHEAST ALASKA REGIONAL HEALTH CORP. TANANA CHIEF$ CONFERENCS VUKON-KUSKOKVlIM HEALTH CORPORATION r' 3optember 8, 1984 Mr, Ton Wagoner 21M fidalRo Kennig Alnnka 99611 Deer Mr, tdnt; oner, I hnve ,Junt recently returned from a vaca.tton trip to Alaska* As my time in the Kenn1. Penninula area wars limited I carefully cnnoidorod the information available on the Homor, Kenai, and Seward areas in order to decide which city to visit, I chose, to include Kenai in my itinerary primarily because the Holy Aasumption of the Virgin Mary Russian Orthodox Church was prominently mentioned and displayed in all the literature as a Historical Landmark that was an important and beautiful feature of your city, I thoroughly enjoyed my stay in Kenai ospeeially the tour of the Russian Orthodox Church, However# I was unhappy to learn that the church receives little support from the City of Kenai in assisting Its operation as a tourist attraction, I an in hope that this lettor will encourage you to put a part of the resources of your city to work in assisting, this church and its pariah in continuing and expanding its tour operations. Respectfully yours, Mrs. Mthleen L, Hanson 12070 3, S1, Camden Lane Beaverton, Oregon 97005 c,e, Archpriest Maearius Targorusky t_tvv ng wrNei FIRE DEPARTMENT •80% 598 • KENAI, ALASKA 99611 September 18, 1084 Ro: Clarification of EMT Contract Changes Per Dr. Hansen's Request All the changes are at the request of Dr. iiansen. The re uest to substitute "the KENAI MEDICAL CENTER, INC.," for "DR. P�TER 0. HANSEN, M.D.," is for his bookkeeping convenience. Dr. Hansen draws his wages from the Kenai Medical Center, Inc. and it would simplify things if the City made their payments directly to the corporation. The problem the Fire Department has with this, is that it relieves Dr. Hansen of all direct responsibility for EMS instruction and training for which the Council wished to contract with him specifically. The Fire Department has no problem with his second request to change the words "plan and provide supervision of" to "assist in planning and providing courses." His request to delete the reference to Exhibit "A" was made because he did not know what Exhibit "A" was. Exhibit "A" is our EMT Prehospital Protocols and the standing orders signed by the sponsoring physician. I do not believe we should delete this section from the contract, as it would take all control of the EMS program away from the Fire Department and place it in the hands of the Kenai Medical Center, Inc. Walter A. Winston Fire Chief Kenai Fire Department WAW/keh Tj iwr-Y.•Y -�:7. r) • J •rillliaCAlI�A:•.fAs++•.►„y�i!re�.��►�r� TIY a0atFaf c+r •naur arc a �e►u�i • o .w bo 0 •IASEA q%11 mrnr 11 AGREE14ENI ID GIVL INSTRUCTION IN EMERGI:N('Y MEDICAL CARE 10 KENAI f IRE DEPARTMENT PfRSONNE1. WHEREAS, the City of Kenai, a hove rule city in the Statu of Ainaka, (hereitiefter referred to nn "City") has provider!, and daslres to continue to provide, a superior standard of emerge•cy medical services by and through the Kenai fire Department Peraonneii and WHEREAS, City has determined the necessity for maintaining a course of instruction and training for members of the Kenai fire Department in emergency modleal cares and WHEREAS, the KENAI MEDICAL CENTER, INC., A PROFESSIONAL CORPORATION, is available to render profesotonai services necessary for the operation and maintenance of ouch course of Instruction and training in emergency medical care to the extent specified in Paragraph 1 horoof, Agreement is hereby entered into this day of , 198`, between City and the KENAI MEDICAL CENTER, INC. (hereinafter referred to as "Contractor") so follows! 1. Contractor agrees to assist in planning and providing supervision of courses of instruction and training to be given' Kenai fire Department Personnel who are, or will be, in need of ENT I, II, and/or III training and/or certification. This shall include lecture courses, sesinora, section conferences, critiqueo, programs of continuing medical education and periodic reviews as well no other appropriate Instruction and training necessary and otherwise relevant to the acquisition, holding, and aaintaining of E111 1. It and/or III certification by Kenai fire Dopartment Personnel. e J 1 I %� I tlU fi 09111j W Art"V City of trMist r 0 taa, W All 1439 X. Cont rise tfir ngreen In euhmII In writlnq to t'Ity fOrtnr, the perlad at the runtrnr.t, fit Ifit ervaIa npectflOil by C►ty. rerporitl of the prngrefin of the tndlvldunin recelvinq Inalrurtlon and trainlnq under five terms et Ihln Agrnnmwnt, maid reports to Cuntaln nurh Informrltinn ets City may require. S. In cunn►derntton of the aervlrtsn no provided in Naragrr II 1 of thin Ariroumant, Clty alireee to pvy cnntra•t`7r the total sum of $5,0011 paynhle In 10 equal monthly installments of $500 eummnncinq Septnmher 1, 19114, durinq the term of thin Contract which will be from 5optemhor 1, 1904 through Juno 30, 1904. ihlu Contract may be renewed for additional ants year porlorin upon written nrirerrment of the parties. 4. this Contract find Agreement le deemed to he personal in nature and in not nenignable or transferable by either party without the other pnrty'e advance written consent. g. Contractor shall at all tlmoo maintain in force a Policy of errors and nmiaefuna and/fir profeunional medical salprsticB infifirance in ari amount of not lose then One Mallon Dollors (f1,000,000.00) which policy shall cover his activities instant to thin contract. A copy of such policy shall be ottached to thin contract as Exhibit "A° and the insurer shall be Cirected by Contractor to give notice of cancellation to City. Agreed and oigned at Kenai, Alanka thin day of --# 190�. William 3. ffriqltton -Honeen, H. D.'— City Manager HodieitI Advinnr City of Kenai Kenai Medical Center, Inc. 2 61 J a , jh a e.1��*.L,•S,� M A d s ' f i 1W R0OM oflAffWAI C"eFKMM 00*X o wr• AIA W ww MIM I AGRIHIMUNT TO GIVR INSTItUMON IN EMERGENCY MEDICAL CARE: TO KLNA1 PIR4 DgPAR1'Mi'.NT PER40NN1:11 W1181WAS, the City of Kona" a hon►o rule city in the S"to of Lasko, (hereinafter referred to no (:ity) flag provided, and Qsi;'!s to continue to provi.lo, a auporior standard of amorgency edieal services by and through the Konat Piro Department osaonnol; and Wthe nacossity for maintaining 1IMMAS, City has determined course of instruction and training for membere of the Kenai Piro )apartment in emergency Amedical +taro; and HMI, J WHEREAS, Di.--PETER•0. iiANSEN,•M.D, is available to renter professional services nocoacary for the operation and maintenance of such course of instruction and training in emergency medical care to the extent specified in Paragraph 1 heroof, Agreement is hereby entered into this day, of, 148_, between City and W. pi1TLR 0. • iIANSEN, M.D. (hereinafter referred to as "Contractor") as follows, `j3E����;I. ,}M,!.•;••)'h'f �,!•� 1 r.:''i1;tr. 1. Contractor agrees to -plan. -and provide supervision of courses of instruction and training to be given Kenai Piro Department Personnel who are, or will, be in need of EMT 1, 11, and/or III training and/or certification. This shall include lecture coursou, seminars, section conferences, critiques, programs of countinuing medical education and periodic reviews as well as other appropriate instruction and training necessary and otherwise relevant to the acquisition, holding, and maintaining of EMT I, TI and/or III certification by Kenai Fire Department guide for Personnel. ,Attached hereto is Ezhit,it "A" ss a contractor in preparing material for the conduct of the training ed required heroin. The City of Kona' Fire Chbef required tois 'o meet make such deviations in exhibit "A" as may current or future requirements of NATIONAL WISTRY or Ettelta%CY 142DICAL TL'C1irlICIANS" n �I A l� �� �� � ' " Si 1'1�1 r� 1 � S°� �t P �I � r'r i U' 1' r' �•d►i, � � ti�'Jr��V � 7 � � � � t.7�, � �; ra,� . . , itrr.itasi . ;1 a rdi�ld; t • �. . I✓0 TIAI Rogan$ (Ih Ano"I coy O/ Kit" ► a "M SWIM 1. Contractor agrees to submit in writing to City during the period of the contract, at Intervals specified by City, reports of the progress of the individuals receiving instruction and training under the terms of this Agreement, said reports to contain such information as City may require. 3. In consideration of the services as provided in ,Paragraph 1 of this Agreement, City agrees to pay contractor tho total sum of $S,000 payable in 10 equal monthly installments of $500 commencing September 1, 1084, during the term of this Contract which will be from September 1, 1984 through Juno 30, 1085. This Contract may be renewed for additional one year periods upon written agreement of the parties. 4. This Contract and Agreement is deemed to be personal in nature and is not assignable or transferable by either party without the other party's advance written consent. S. Contractor shall at all times maintain in forces polic- of errors and omissions and/or professional medical malpractice insurance in an amount of not less than One Million Dollars (f1,000,000.00) which policy shall cover his activities instant to this contract. A copy of such policy shall be attached to this contract as Exhibit "BP and the insurer shall be directed by Contractor to give notice of cancellation to City. Agreed and signed at Kenai, Alaska, this; day of WILLIAM J. BRIGHTON CITY MANAGER CITY OF KENAI PETER 0. HANSEN, M.D. MEDICAL ADVISOR J { 1 I'Ar. 4 4 PAYMMITS OVER 01,000.00 WHICH NEED COUNCIL APPROVAL OR RATIFICATION 9-19-84 VVIIIIJOR NBC IV ION DRI'AR NT ACOLMNT �MUNT POf OR AVVNIIVAI,t Kenai Chamber of conwreo Proration of Kenai Legislative Miscellaneous 17,000.00 Prosser CoastrnCtlae M. Interest an ROU11149e CP-lot 6 2nd Sto. Ilonatruction 3,285.16 Final CP-1st 6 20d Ste. Construction 19,785.55 8 6 8 Engineers Engineering Design gurvicus CP-Mighbush, Bumble. Rnginauring 15,890.00 FOR RATIFICATIONS Woman* Raeourcu Gunter July MILId Care Nomon'a Runourco Aecountu Receivable 8,590,10 Doyle's Foul Diesel Shop Operating Supplies 3,232,72 Chevron USA Gasoline 1111up Operating Supplion 5,698.88 011ie Cross Sept. Medical Insurance Various llwtlth Insuranca 19,221.74 110ror Electric Atigust Electricity Usage Vartoua Utliitlas 19,276.02 NOW August Raturat Gas Usage Various Utilities 1,170.64 lexplifll'llllllll f1Vkk 01,000,00 Wlll(;II IIY.Y,I) tAlI1NCt1, AI'YN(rVAL 9-19-g4 VYJ9MIN-- - -pY!fliltt'>tfllt--- ►►Y�'M!J2f 'firt uM 1 uliL_._- Amplund lial+ply Nog ffhanpnuur Yk-Narroatfna ffaelllnory 6 Y.rynlp. 2,1'17.50 B L C 01spply Stoam preaeure Vaahor 6 VA -Sinop Machinery 6 p.1iulpmcnt 4,300.00 ohee 0an'n 'tV serer 6 ttvtrlgeracar Vic-Nucraatfan [inctlfnery 6 Y.qulprwnt 1,6911.00 0orotor 13ertrollir10 2 - Radar Nita For Sow Yk-pullce Machinery 6 Bquipmust 2,910.00 police Cars flart iy,, IOurdum, Borman, (y Rew1tsar for profomeirnlal Attorney prnfeeslonal flervicem 1,A(N)bf o M,Ihonuy 6 i.lwarda Dervlram go$ Vuldor, Airlines tlr114P110 0urvuying Boundary Survey of 005 4969 Land professional services 1,562.00 Mcl,uau b Amam, professional Snrvlces on Attorney professional Services 1,0()0.00 flurvay Mork for Bush Lane fluted. fk,torulu, inc. 2 - fk,htlu Nadirs [lofts for New VI -pollee Machinery 6 Y,qulpment 5,702.00 polleo Care 7rowulrulrl power Sprinlor Ca. 9 - (Wavy Mity Sprinklors 6 Woes YU-parkin Machinery 6 yslutpeent 4,199.19 Air-luk ptartrieal flunk -ups for park~ W,pef•r 6 Maintenance 6,000.00 / Cllrlatwah Llghta '. d Pfle 7"Ii ?Cr ea Z Apr, �o 14, .. _ ., - - „ _, . -.. i • � r tar • - r. -r _ _ � 1 MSI! 7 ', rr •4i71 � f I )I• .1 r, I 1 1 t( j' 1 RYd1UINITIOH11 OUR 61,000.00 MUCH UP.YIU C011110Ir APPRt►VAII 9-19-84 YY.Mtx►R _� 11141PTit gYIPAR'fMl W7 fICl011jIT AMllUNT Asplund Oupply Rug Hbamp000r PR-Rocrantion Machinery 6 Yquip. 2,117.50 g 6 C supply Oteas+s Prossure, Masher 6 YR-Shop Machinery 6 Yqulpmant 4,300.00 Ilesea I►aula TV Proanar 6 Refrigerator YR-Racreation Machinery 6 Yalulpment 1,698.00 Ikentur Yllevtrunivs 2 - Radar Unite Yor Row Yll-Pallas Machinery 6 mulpsMmt 2,910.00 Police Care Ilartin, Ithodas, Norman, Rotainet for Professional Attorney Protaaalonnl Service" 1,000.00 Maloney 6 Yelwarda Ourvivire lips Valdes Airlines Malone Surveying Boundary 0urvay of 1100 4969 Land Professional HQrVICpn 1,562.00 Nel.ano 6 Assoc. Professional Services on Attorney Professional 0arvices 3,000.00 gurvay Mark for gush Lane 0uhd. Motorola, Inc. 2 - Nobils Radio Units for Now Ylt-Police Machinery 6 Yquipment 5,702.00 Police Cars Travalrain Power 0prialer Co. 3 - Heavy Duty Sprinklers 6 Moses PR -Parks Machinery 6 Yqulpment 4,199.39 Air-Tak Electrical, Hook-ups for Parks Repair 6 Maintanance 6,000.00 Christmas Lights !'0 1 ( I` Surlgctst mi bys Cr,unr.i Iman Winn CITY OF KENAI ORDINANCE NO. 959-84 AN ORDINANCE OF 111E COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 7.15.040(b) EXPANDING T11E BUSINESS AREA IHAI SHALL. BE FAVORED IN AWARDING, I;OMPt.IITIVF: RIDS. WHEREAS, the City coclo apeci flan that undor certain circumatancea, the City nhnli favor It pornon, firm or corporation with officoa or branch offices In the City when awnrdinq competitive bide, and WHEREAS, tho Council halioven that the Central Peninauln area should be conaldorod an n ningle economi(area based upon contirluouo incorporated and unincorporated communities and a common employment baoo. NOW, THEREFORE, BE I1 ORI)AINED BY THE COUNCIL. OF THE CITY OF KENAI, ALASKA, that KMC 7.15.04n(h) in hereby amended as followas (b) He shall favor a portion, firm, or corporation with officen or branch offices in the qroator Kanal, or central eninaula area [CITY] whoa thia can be wit"out sub-61—ar—itial or prohibitive additional cast to tho City, but he shall submit requesto for quotation to those outride thin area [THE CITY] when thin may he nocor►nary to necure bide or TO ereate competitive conditiona, or when he thinks that by no doing he can make a asvingo for the City and ahnli purchase from them when he can make a onvinga for the City In oxceas of the amount provided above,. PASSEL) BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thin 19th day of September, 1984. Al IESTs 3snot Whelan, City'",lrt'� r—li 'iiT"? rF01 11r, ' V First Readings Auquot 1, 1984 Second Readings September 19, 1994 Fffr•c.t 1ve Dot ns October 19, 1994 h ,� _1 CITY OF KENAI 210 FIOALOO KENAI, ALASKA 99611 TELPHON8169. 76f6 Sept. 14, 1984 NOTICE TO COUNCILS On Sept.59 19849 Councilman Hall gave notice of reconsideration on Ordinance 978-840 to be re -introduced at the Sept. 19, 1984 meeting. / 4a-2� Janet Whelan City Cleric jw -- w j . l r n' Suggested by: Legal Department CITY OF KENAI ORDINANCE NO. 978-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND RE-ENACTING KMC 7.15.040 REGARDING COMPETITIVE BIDDING. WHERCAS, the City of Kenai currently allows a preference to businesses within. the City of Kenai in competitive bidding, and WHEREAS, such a preference oorvoo the purposes of enabling the City to traneact City business in a manner that affords the City favorable market transactions, and to promote business within City limits, and thereby to maintain the commercial tax base of the City and generate sales tax revenue, and WHEREAS, in the interest of fairness and uniformity the City Council has discussed application of the preference and the amount properly allowed, and WHEREAS, in the interest of fairness the City Council has determined that the application of the preference amount allow- able should be uniform. NOW, THEREFORE, BE IT ORDAINED BY THE COUW IL OF THE CITY OF KENAI, ALASKA, as followas Section 1s KI4C 7.15.040 is hereby repealed and re-enacted to read ass fo lowss 7.15.040 Competitive Bidding: (a) Before any purchase of, or contract for, supplies, materials, equipment, or contractual services are made, except as otherwise provided in the next section, the City purchasing authority shall submit to at least three persons, firms, or corporations dealing in and able to supply the same, or to a smaller number if there are not three dealing in and able to supply the same, a request for quotation (or invitation to bid) and specifications to give them opportunity to bid; and/or publish notice of the proponed purchase in a newspaper of general circulation within the City. (b) The purchase of, or contract for, supplies, materials, equipment, or contractual services subject to Paragraph (a) above, shall be awarded to the most responsible bidder pursuant to Paragraph (f) below, except that a bid shall to awarded to a respanuihle hiddesr aho is a person, 1 J' ftrin, or (•nrt,ur:it I oo r,f I!, Irrii e ur l)l 111( fi ut rlcj;r, III Lli: City of Kenai if the bid utsbmitted by ouch person, firm, or corporation in not more► than 5% higher than the lowont. hid received, and tho lowirnt bid received is from a renponsible bidder who in a person, firm, or corporation not having offices or branch offices in the City of Kenai. The bid preference no granted to the person, firm, or corporation having offices or branch offican in the City of Kenai shall in no event, howovnr, exceed thu dollar amount of $ in any aingle competitive bid. (c) When such purchanen are to be made from Federnl or State grant funds, any and all conditions, provisions, or requirements which may be necokinary to comply with the requisite Federal or State laws, rules, or regulations with respect to ouch grnnts may be innerted in the bid and contract documents, and will be complied with in the award of the bid for such purchanen. (d) All bids shall be sealed and shall be opened in public at a designated time and place. (a) The purchasing authority may repeatedly reject all bids and again may submit to the name or other persons, firms, or corporations the request for quotation (or invitation to bid) and/or again publish notice of the proposed purchase. (f) The City purchasing authority shall purchase from the lowest responsible bidder, basing a determination on responsibility of the bidder on the following factoras adherence to the bid opecifieationa, quality, proposed terms - of delivery, any additional cost to the City that would be incurred due to location of the bidder, performance record, financial capability, and compliance with conditions imposed in the solicitation for bids. If after consideration of the bids, bidder responsibility, and the provisions of Paragraph (b) above, the purchasing authority determines that two or more bidders are equally competitive, he may purchase from one ouch bidder or may divide the purchane among them,but always accepting the bid or bids most advantageous to the City." PASSED BY THE COUNCIL OF THE CITY OF KEVA1, ALASKA, thin 19th day of September, 1984. ATTESTS janot Whelan, City Clerk Ilt•t WAGONER, MAYOR First Readings September 5, 1984 Second Readings September 19, 1984 Effective Dates October 19, 1984 2 r) rnr gufrf acid bys Aft its lot. rat fort CITY (IF KENAI ORDINANCE NO. 979-84 AN ORDINANCE OF THE MINCIL OF THE CITY OF KENAI, ALASKA, LIMITING CATEGORY THREE AIRCRAFT (12,500 POUND, AND ABOVE) TRAINING FLIGHTS Al THE KENAI MUNICIPAL. AIRPORT, WHEREAS, the City of Kenai has roeeived numnroua rornpininto of aircraft noioe during late evening and early morning houro by near -airport reoidento, and WHEREAS, the City of Kenai its owner and operator of the Kenai Municipal Airport, it ohall rootrict late night anti early morning training Plighto by cote( tory throe aircraft (12,500 poundo and above) to alleviate aircraft noire over known denoitive arena near the Kenai Municipal Airport. NOW, THEREFORE, BE ITORDAINED BY THE COUNCIL OF THE CITY OF KENA19 ALASKA, that all entogory throe aircraft (12,500 poundo and above) training flighto to include but not limited to, touch and g©ea, low approacheo, circling approached and optiono ohall not be approved during the heuro of MOO p.m. to 6sO0 a.m. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thin 3rd day of October, 1984. tTESTs 3anef Wfielon, Cify ClerQ t WAMMIN, t R Ficot Readings September 19, 1994 Second Readings October 3, 1904 Effective Dates November 3, 1984 r ,n ^ Suggent ed h y: Adm in i at rat ion r 1 CITY Of KENAI ORDINANCE NO. 980-84 AN ORDINANCE OF THE COUNCIL Ot' THE CITY OF KENAI, ALASKA, AMENDING ORDINANCE NU. 921.84 BY CHANGING THE SOURCE OF FINANCING OF THE FLIGHT SERVICE FACILITY TO THE GENERAL FUND UNAPPROPRIATED FUND BALANCE. WHEREAS, Ordinance No, 921-84 appropriated $1,500,000 from the General Fund Capital Improvement Reserve to finance construction Of a flight eery ice fne i, l i t y, and WHEREAS, the City deairoa to change the source of financing to the General Fund Unappropriated Fund Balance. NOW, THEREFORE, BE IT ORDAINED 0Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Ordinance No. 921-84 be amended by changing the General Fund Estimated Revenues from the Capital Improvement Reserve to the Unappropriated Fund Balance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of October, 1984. TR-7XWrR, MAYOR ATTESTS Janof Wfielan, y er First Readings September 19, 1984 Second Readings October 3, 1984 Effective Dates October 3, 1984 Approved by Finances _t' f`;"' _ 1 i R . % w /' 0 In M aurTrin+sted hys Arimirititrnf inn CITY OF KENAI ORDINANCE NO. 981-84 AN ORDINANCE OF THE. COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP 13Y REZONING LOTS 4 AND 5, BLOCK 14, ARLSTRO14 SUBDIVISION TO GENERAI. COMMERCIAL (CG) DISTRICT. WHEREAS, KMC 14.20.280 entablinhen a procedure to amend the Official Zoning Man of the City of Kenai, and WHEREAS, a petition has been received from Julius Weurth to rezone Lots 4 and 5, Block 14, Ahlstrom Residential (RS) District Subdivision from Suburban and to General Commercial (CG) District, WHEREAS, the Kenai Advisory Planning and Zoning Commission has conducted the required public hearing on September 12, 1984, and mmended aproal Petition ineaccordance nwith oResolutionpNo. P of the rezoning Z84-81, and WHEREAS, the Commission also recommended an amendment to the Kenai Comprehensive Land Use Plan to General Commercial. NOW, THEREFORE, BE IT ORDAINED BY THE COIINCIL OF THE CITY OF KENAI, ALASKA, that the Official Zoning Map of the City of Kenai shall be amended so Followas Section 1s Subject property consisting of Loth 4 and 5, Block 1 , h Strom Subdivision is hereby rezoned to General Commercial (CG) District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thin 3rd da Of October, 1994. y ATTESTS Jon t. waI an, F-Y—Uer ft First Readings September 19, 1984 Second Readings October 3, 1984 Effective Dates November 3, 1584 a P CITY OF KENAI " d (?addl a 4"0'0' 310 FIOALOO XONAI, ALASKA $9611 TBL19PKONB313.7535 MEMORANDUM TOs Kenai City Council FRAMs Jeff Labohn, Land Manager SUBJECTS Rezones Lots 40, Block 14, Ahletrom S/D - from Suburban Residential to General Commercial - Mr. Wuerth DATES September 14. 1984 The Commisoion held public hearing on thin matter on September 12th. The• following motion and excerpt of discuosion reflecto the deciaion of the Commisoion for your considerations NOTIGNs Commissioner Carignan moved approval of PT84-81, seconded by Commissioner Bryson. Commiasioner Carignan asked Jeff Labohn, that, given the ramments of the gentlemen, would tie otill recommend the rezoning, Jeff Labohn answered that there are 2 isssieo the Commiuuion needs to look at, 1) all 5 lots are under 1 ownership, and 2) because of the 150' oetback, lots 1,2,b 3 can't be developed without a variance or a rezone, and feels that the rezoning is the cleaner approach. VOTES Notion paoued unanimously. Janet Loper Secretary ! 41 E' ! /' CITY OF KENAI ADVI',nRY PLANNINlO AND ZONING, C MMI5fiIQU RESOLUTION NO. P7 i A RESOLUT 10% (If THE. ADVISORY PLANN I UO & ZON I Nt; COMM I SS IOU OF THE CITY OF KEN_Aj • {E,EiG�Fst4f.:� ( APPROVAL) ( DENIAL) OF THE REOUE:S T ED CI�L�Ly1N4)} Q�"�iyjy dff"L AN1)MI:N SUBMITTED DY UiCLc (Applicant) FOR Lois �,��, 411cak / i (legal dencription) WHEREAS. the Commission finds the followings 1. The subject property in currently zoned 1. The preeent land use plan designation of the subject `property is 3. The proposed (ZONING DISTRICT) (LAND USE PLAN DESIGNATION) for the affected property is G,er9eetc.4. CQ22MPAi,1Z�� �=dl �o..-.•��c.� 4 4. An appropriates public es inch as required has been conducted by the � Commission on �i�a�Ye/ 4. That the following additional facts have been found to exists S I_C. •� ITT !► r. `O ✓ NOW. THEREFORE BE IT RESOLVE. by the Advi .pry Planning & Zoning Commission -jbe.X.(Ey of Kvrnai that, thr petitioned4rM L.)) Nt) RIT r1.A r QfLNUMENI • is hr--reby (RECOMMENDED) (NUT RLEIIMMMOED) to the Kenai City Count PASSED by the Adv ,sory Planning h Unifill Commis, iun of the City of Kenai. Alaska. this .day of L 9 e� Cha 1romn AT1Eyis Planntn� 'y:.cr�,►ter'. B/84 ■ /f c- - 7 City Of KLNAI CDN�fNY IO A55IGNMUN1 the Annignment from D, R. 91141MI'LI to DAVID DIAMOND, dated September 16, 19"3, covt•rinq the fellowinn-dencribod prupur'tys Lot 1. Block 4. General Aviation Apron to hereby ACKNOWLEDGED AND APPROVED, subject to the same terma and conditlonn an contained if, the arininal Lenou above-doocrtbed. Thro Connont to given by the City of Kenai without waiving any right or nation. or raluaning the Aonignnr from any liability or reoponoibility under the aforementioned Leaae. and does not relieve the Aaaignee from the condition requiring the City approval for any atihnequent oubleaoe or oaalgnment. m. J. BrT—qFon City Manager STATE Of ALASKA ) )an THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on thlo day of , 1964, WH. J. BRIGHTON, City Hanagor OrThe City o ens , asks, being personally known to me or having produced satisfactory evidence of identification, appeared before so and acknowledged the voluntary and authorited execution of the foregoing instrument on behalf of said city. O sry Public for Alaska Hy Commieaion Expireos ., I'm sootiss � , ptr�trpr,�r My Or KlrlAi •Oso. fy rIIMr pAVA"$n ' Airi7� �1�14f•st'1�w�w�wrtifll,n•.t.�'-'�jr.•.1'i'f. , a y i ASS IGNMYla OF lJ.A';l' Till'; ASS IWIMENT, --ril 4:rwd into h-l.w,-#!n P. R. KIMBRELL, heru-Inatter r(-iurrvd l.o ats the /-^vilgnor; and DAVID DIAM0141), of PO?jt office Box 3307, Konat, Alaska 99611, her-oln-ftar to tri tlse A:sniqnoe. Aiisignor d,weq hors -by is-.-.),jn send trii—for to Aq31tjnpe nll of hin jntt.rvjst in the lons,4jold ontate 46 f)vtdunved by that cort-in l,f.-'1!iO A,jr-jonent With the CITY OF KENAI an I-r--rmor, recorded the 16th day of Juno, 1981, in Book 172 at Page 257. Kenlit Recording Diat.rict, and covering the following-duscribed real property: Lot One 0 ), Hlrck Four (4), (MIFFIAL AIRPORT APRON (CM11FRAI, AVIAIJON AI'H(jf;). Y,:nai Recording District, Third Judicial Dir.trict, State of Altinka. TO HAVE AND TO HOLD the u.sme from the clitto her-cf, fr)r ind during all of the remainder yet to come of the term of said Leese Agreement. Aefignee agrees to comply fully with all the terms and provitsione; of the Lease, and to hold the Assignor harmless from any liability arising thereunder. IN WITNESS WHEREOF, the raid Asnignoo hao hereunto set hin h,,snd and real thin _Z�tl'day of )983. 1) VID fi ty'.Urn), Af;i3Jt; r-e • STATF OF AI,A:;KA THlkb JUDICIAL ljl;;Ikl(;T THIS 19 TO CETl'jjj'Y '.'',A t—for,: me, the ut,d..rijQt,P-ej. I#ct;,ry P..,b1se, jr, ,end for ttie 1,ttstf. Of Jjjjt;k4, dilly ws,, -.;,,orn its f',uch. ;.--.-,,,n1illy ,., - ared D. P, ..".0 lot 11 '� _ yy{iyjjt�riratti raw KII-111tELL, known t.o ins and Lo ilia known to I,r• the identical individual named in and who ,•xrtcut.ed Lhe above and foregoIng instrument, and who acknowled,;ed to me that he signed and nealud the tiamo us hiu free and voluntary ,act and deed, for the WWII and purpusnn ther•a?in mentior,r•ri ,md ant forth. IN WITIJF.(ifi 'r:Ht:rtEUf, I have hem ito fiat my hand and at�—'ixcd my official uaal, thin clay of t� 110 1'I,It'/ i•UIsLIC t'tlfiAl.ASY� ;TATE OF ALASKA 1 ns. THIRD JUDICIAL DISTRICT 1 THIS tS TO CKRTItY that before me, the undaroictned, a Notary Public in and for t.ho State of Alaakn, duly aomminntonn_d and swr,r•n ate •;ueh , parnonal ly appeared DAVID DIAMOND. known Lo me .ind to ran known i.o be the identical individual named in and ,.no ..r.•Cutc-d the above and foregoing instrument, and vine oeknowladyraa to roe that he signed and sealed the same as his frarrr anal voluntary act and deed, for Ithe -nfrn and purpn•irrn T.hrr,•in mtont•toned and net forth. IN WITt:ESS 1:N.EPEOF. I have hereunto oct my hand end a fixed my official fSoal, thin /G71• day of r i3UThJl%i•UL'LIC FOR LASKA My Cornmicafon Expires: /�.r/J� i Pardo Two, Ar V,i::%E3,: 4F ....,.... 14-1 CITY or I�ENAI ea,aiW 4 4"„ 210 FICALOO KENAI, ALASKA 99611 TELEPHONE 283.7629 September 19, 1984 TOs Wm. J. Brighton, City Manager FROMs Howard Hackney, Building Inspector/� SUBJECTS Signs The City Council recently passed a sign code ordinance. I have boon notifying owners of various sign code violations. Some have been signs in the right-of-way, some for too large a sign in a residential zone and some for advertising a business that is not on the premises. Now, it seems the City is going to erect a "Welcome to Kenai" sign. I expect it will be in the right-of-way or in a residential zone and much larger than the sign code allows. A section in the sign code provides, "The City of Kenai may erect information signs an they doom necessary." The intent of this section was for directional signs ouch so "City Hall," "Airport," "Pont Office," or perhaps if a business was on a•lot that did not have good exposure, the City could erect a sign on a main thoroughfare directing people's attention to that business by a uniform sign such as the "City Hall," etc. signs. There might also be come question as to whether e "Welcome" sign is really necessary. It is difficult to tell a person he has to remove his sign and then the City puts up a bigger one. This has boon an on -going problem for some time. We tell the people they must use copper or galvanized for water lined, yet when the City ran water to the Animal Shelter, it was put in plastic because the City couldn't afford copper. We have a trailer ordinance which states that trailers may not be used for commercial or public use, yet an air carrier was allowed a trailer against his hanger. It would make the enforcement of codes much easier if the City would follow the ordinances that they enact. HH/jet CITY of KENAI P U HOM FT ONA{, ALAhKA09011 nunut ,nn�. wen �www July 26, 1984 . .s ,--n , I --.,- - s- TOs COUNC FWhelan`-...\j ANDIDATES FROMs JanetCity k The Kenai Cha(nber of Cbmmerce ill be ho�ding a candidate forum for all Council candidae du ing the regular 'teWednesday noon Chamber luncheon on Sept: 190 1984 at the Merit Inn. 3 M 4` w �� `r 1 .ham-.. wi-1r .a.t�_ F:rI:I:Y!•. � I � I CITY of KENAI r 0 an■ boo KENAI, ALASKA 99611 n9411Nr 111n71 eoe �nnn July 269 1964 TOt COUNCIL CANDIDATES FROM: Janet Whelan City Clerk The Kenai Chamber1of C mmerce will b holding a candidate forum for all Council candi etas during tti regular Wednesday noon Chamber luncheon oo ept. 19, 1964 a the Merit Inn, ,w _-�__. •• _.� t- r __ _,m„—_� .__ __ ---�-� ter__-;_ri.,---^_' -:.. - J �f J r..: r SPECIAL ASSESSMENTS fORf.C1OMIRE LIST i0R 1Nf_ CITY_OE_KLNAI FOR 1974 THROUGH 1984 Annual DoIInquont Nuaye for Omar Legal Inotailment Penn itY _Ir�f,fir out, Total Years Marione 6 Sharwtn 0oua Lot 2, Rik 1, Kaknu Kornora S 904.20 : 90.42 S 135.72 f 1,110.34 1974-1984 ❑udney Geoku 5 1/2, Gov lot 44, Sec 34 331.17 0 0.84 340.01 Wanda 6 Robert llawarth Gov Lot 115, Sec 31 40.36 4.04 1.00 55.00 Hill Joekaorr Lot 15, Rik 2, Kaknu Karnora 111.411 11.14 4.011 126.70 .Inhney 340ekuon Lot 16, Rik 2, Kaknu Kornern 536.60 55.66 80.46 670.72 Georgn 6 Oonntu .lohnatun lot 21, filk 13, Ahlotrom 5/1) 377.24 17.72 26.39 441.34 ►'-•ftu Killen c/o R.rth L. Dow lot 4, Olk 3, Hommoon /1 1,045.70 104.56 245.38 1,595,64 f4 rbara Pool lot 1, Rik 1, .Stock S/O 1,476.16 147.60 240.50 1,904.26 t'alvta 010aodt Lot 8, Rlk 2, Ruuh Lanan 917.3t) 91.75 215.22 1,224.25 Calvin Quandt Lot 30, Olk 2, 8uoh Lanoo 804,114 011.41 17S.04 1,059.49 flay RutloeII Lot 25, Rik 15, Ahlotrom 5/0 1,599.50 159.96 115.55 2,114.81 N N flay Runge II Lot 13, Rik 13, Ahlotrom S/O 545.60 54.56 128.02 728.18 (lay Runnel! Lot 12, Rik 13, Ahlotrom 5/0 717.90 71.79 169.44 958.13 of " Roy Ouunell Lot 14, Olk 13, Ahlotrom S/0 394.70 39.47 92.64 526.81 bets Steen Tract C, Cone S/0 /2 530.02 55.80 53.56 64508 Vivian Swanaan Gov Lot 128, See 31 2,191.90 219.19 514.36 2,925.45 9e.,an Wa1Ror Lot 16, Rik 13, Ahlotrom S/O 58.20 5.82 2.16 66.18 ()even Walker Lot 15, Rik 13, Ahlntrom 5/0 39.47 3.95 1.44 44.86 Devon Walker Lot 29, Rik 13, Ahlatrum 5/0 115.17 11.12 4.20 128.69 Wayou Wiluan Gov Lot 136, Sec 34 526.08 17.93 12.04 556.05 N N TOTAL TM 'LM thin lint In available for public Inspection at office of the City Clerk, City of Kenat, t 210 fldulgo, Kenul, Alauka (283-75M ' Thla llut boo been preoented to the Superior Court with a Petition for Judgment and Oeeree �[f i � /' rm Y �� MEMO TO: File FROM: Tim Rogers, City Attorney RE: Cook Inlet View Drive DATE: 9/19/84 As a result of research and conferences the following has been ascertained regarding status of Cook Inlet View Drive as well as that portion of the roadway from Wildwood gates to the Spur thought to be known as Wildwood Drive. On August 11, 1953, there was a federal conveyance (Patent #1140270) from the Bureau of Land Management to one Ahlstrom which reserved for so long as the United States or its agents or employees used it, a sewer line from what's believed to be a few hundred feet from the Wild - wood gate entrance all the way to the bluff. On March 21, 1955, Ahlatrom dedicated a 80' right-of-way in the same vicinity of what is now known as Wildwood Drive and Cook Inlet View Drive. Subsequent to this (on March 28, 1974) the Bureau of Land Management deeded Wildwood to the natives. It is tentatively felt that at the time of the deed from the federal government to the natives of Wildwood, the reservation from the Ahlstrom conveyance to the military elapsed since it was specific in nature to a sewer line and outfall without reserving land and was personal in nature. An alternate position would be that this reservation ran with the land conveyed to the natives and presently is alive in the hands of the natives. Since the Corps of Engineers monumented at least a portion of the lands, in this area, they have been requested to search their records for any documents pertaining to the past conveyancing and it is anticipated that they will be in contact no later than the first part of next week with the result of their search. If, in fact, there is no reservation which was acquired by the native corporation, it would appear we have an 80' right-of-way platted and dedicated as a road and the City can proceed to maintain, upgrade, etc., as with any other city street. The section line fence complained of by Mr. Call on prior occasions is another matter which is not resolved by the August 22, 1984, letter from G.S. Best in which he indicates a section line right-of-way for public use as a roadway exists along section lines. While the matter Is addressed by AS 19.10.010 which establishes 100 foot right-of-ways between sections owned by the state or acquired from the state, this provision is probably not applicable sin,:e we're talking about land acquired from the federal government which is believed to reserve 66 foot easements along section lines. Even assuming a reservation for i ' I public highways does not tseceanarily prevent various improvements and Cwe are not prepared at this time to give any advice or ruling relevant to the fencing on such a auction line for various reasons including the fact that this may very wall be a matter to be resolved by the parties rather than the municipality. i 9 I K , 1111E PHONES (9)7) %W1125 (907) SA6i►576- 10S MUNICIPAL WAY, SUITE JUNEAU, AIASKA 'MAW N /AVM September 11, 1984 i c^ CAPITAL PROJECT REQUESTS DUE NOVFMBER let!!tt In letters sent to all mayors last month informing them of the FY 85 capital projects approved for their community, Governor Sheffield has set November lot as the deadline for FY 86 capital project requests. The League will again have a workshop on capital projects at the conference in Anchorage in Novembers however, that will be too late to effectively deal with developing and submitting your FY 86 requests to the Governor. The letter statess "As you may know, the Legislature passed a new law this year which has moved forward the date for submission of the Executive Budget to December 15. Therefore, I am requesting that community capital projects, listed in priority order and accompanied with as much supporting information as possible, be submitted to me through my Office of Management and Budget by November 1, 1984." The Governor's letter gives the OMB contact person ass Thelma Cutler, Senior Analyst Division of Budget Review Office of Management and budget Pouch AN Juneau, Alaska 99811 The letter lists several principles on which the Governor said he based his decisions to fund or to veto FY 86 projects: • Projects should be for public rather than a private purpose. • Local projects should have a high community priority. • State and regional projects should be the kind which provide facilities of lasting importance to a broad area of the state. • Delivery of services and financing of projects should be through existing state and local programs when possible. projects of a similar kind should be evaluated fairly and openly when competing for funds. • New types of projects should be carefully reviewed for possible community, social, or cultural impact. • Proposed projects should be reasonably feasible and be supported by realistic planning, design, and cost estimates. In a diszclsssaion with Jay Mogan, OMB Associate Director for Budget Review, he indicated these would be the criteria with which the Governor will evaluate FY 86 capital requests. The Governor concludes his letter by saying that, while the community lists will be important in developing his FY 86 capital budget, he will probably not be able to include all requests in his budget. MLM8ER OF TOE NAT;ONA1 LEAGUE OF CITIES A^/D T►4E ►iATCNAL A5SOCIAMN Oi COUNTIES f a 4 e 111.-: i, M 0 TELEPHONK (907) WY-1125 (907) 5*6526- irr�.rirrn.�ri�rrrirwrrtirr",�Y"- -- - 105 MUNICIPAL WAY, SUITE 301 )UNEAU, ALASKA 99801 >>� I la �J Tos AML Members � Other Interested Parties Froms Scott A. burgess, Executive Director tnrb, Dates September 11, 1984 Subjects Draft 1985 Policy Statement Enclosed is a ropy of the Draft 1985 Policy Statement approved by the Hoard of Directors August 33, 1984. it is being sent to all members for their review prior to the annual conference in Anchorage, November 14-17, 1984. Please review the draft and be prepared to discuss the statements in the policy section meetings on Wednesday and Thursday, and to vote on the adoption of the final 1985 Policy statement at the business meeting on Saturday, November 17, 1984. The Policy Statement is reviewed, amended, and adopted each year to document the League's position on federal, state, and local issues and legislation. A draft was developed by the AML Legislative Committee and recommended to the Board, August 30, 1984. After their review, the Hoard approved the enclosed draft for distribution. in drafting the proposed 1985 Policy Statement, two objectives were strived for by the Board and Legislative Committees 1) The Policy Statement should address issues of State-wide application and interest as implied by the League's Constitution. 2) The Policy Statement should address those issues which affect municipalities and over which the League and its member municipalities have some control. Please make sure that all elected and appointed officials in your municipality have an opportunity to review the draft and come prepared to discuss it at the conference in November. Thank You. MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COUNTIES d :H DRAFT ALASKA MUNICIPAL LEAGUE POLICY STATEMENT 1985 r H I I i /` 1U PART I TAXATION AND FINANCE A. LOCAL TAX RELIEF The Magus supports state -funded relief for local taxpayers where such relief does not reduce the tax bass or the tax -levying authority of the municipality and does not adversely affect the marketability of municipal bonds. B. STATE ASSISTANCE IN FINANCING LACA1. GOVERNNENT 1. Funding Legislation Passed in Timely Manners In order to assist local governments in financial planning, the League urges the Governor and the Legislature to pass the necessary funding legislation for state revenue sharing and local school funding in sufficient time for municipalities to incorporate the additional revenues in the annual budgets. The League also urges the Governor and the Legislature to pass the necessary funding legislation for on -going, state -funded grant and contract programs to local governments in sufficient time to maintain an orderly continuation of operations, but in no case later than June L of each year. The League further advocates that if such funding legislation is not approved by that date, that the Legislature authorize funding and disbursement of the on -going programs for the first quarter of the fiscal year. 2. Administration of Grants 6 Entitiementst The League supports legislation eliminating delay, excessive and burdensome administrative regulations, and complexity associated with administration of municipal entitlements and grants programs by state departments and agencies. Administration of grants and entitlements should, when possible, be consolidated in a single state department. The League further supports elimination of administration fees deducted by state departments administering the grants. 3. Pas"rough Funds and Grantst The League encourages the Legislature to adopt policies for psss-through funds to non-profit corporations that do not caws say present or future liabilities to the municipality. 4. Population Datermination$ The League supports following federal census practices for daterminstion of population based on residency for purposes of deter ining revenue sharing and municipal assistance. S. Forward Funding$ The League urges the legislature to establish s forward funding program for municipal assistance, municipal revenue sharing, school foundation, and school construction programs and that the legislature begin setting aside funds for the next fiscal j year to that the program may be fully implemented at the earliest possible date. J' yl 6. Criteria Based Qvital Sudgetiner Tfe League supports critesis based capital budgeting systems by the state. j C. MUNICIPAL ASSISTANCE/REVPM SHARING PROGRAMS 1. Consoitdatlon of Municipal Assistance and State Revenue Sharing PsoBramst The Lugw endorses the consolidation of the current Municipal Assistance and State Revenue Suring ---- ; Programs with the funding of the consolidated program at a level of at lest Bic of the prior — - year's state operating budget so that municipalities can continue to provide isportant, needed services uhiie holding down tars. - i i 2. State Revenue Sharinat (a) If the Legislature does not consolidate the current State Revenue Sharing and Municipal Assistance programs, the League supports annual increases in the State Revenue Sharing Program. The annual appropriation by the Legislature to the State Rovenus Sharing Program should include an increase of the PY 84 legislative appropriation based on such criteria as state population, inflation, cost of local government services, and other timely considerations. (b) In those cases Where legislation is approved increasing the state revenue sharing entitlement for specific recipients or for a specific purpose, the League advocates that the total funding for state revenue sharing be increased accordingly in order to preclude the dilution of funding to other recipients. (a) Ike League supports an increase in the state revenue sharing minimum allocation. (d) The League supports continued full state funding for road maintenance at levels determined by the First Session of the 11th State Legislature and adjusted annually to reflect Increased cost of maintenance. 3. Municipal Assistanees (a) If the Legislature does not consolidate the current State Revenue Sharing and Municipal Assistance Programs, the League supports the funding of the PY 86 entitlement at the statutory level of at least 30% of the PY 86 corporate income tax proceeds. J (b) The tempo further endorses a change to the existing Municipal Assistance Program that would provide for the disbursement of municipal assistance funds to all municipalities on February L of each year. O2RER 02ATE A88i82ANCE 1. State -Collected. Locally Shared Taxess Municipalities in Alaska presently derive significant revomses from state -collected, locally shared taxes to help most their basic operating escpenses. The League, therefore, opposes reduction of such revenues through alisination of such taxes unless other equal sources of revenue are made available to local governments, or appropriations to compensate for lost revenues are sonde by the state. 2. Funding of Local Capital Projoctss The Leaguo supports the establishment by statute of a "block �� grant approach to the stets funding of loess capital Projects in order to allow the ; decisions regarding local capital project priorities to be Sao at the local level. L WA- um i. Stats•Mandatdd Esttmptionas The Les 1 gun opposes the Imposition of stets -mandated ; exemption of certain classes of property, individuals, organisations, or commodities from the application of taxes unless adequate compensation is as" by the state to reimburse local governments for revenues lost due to these exemptions. 2. Pavmenta•in-Lious The League endorses the position Whereby the state would pay to the local governments a psyment•in-lieu of ad vslorunn taxes for the stswowned property as well as payments for its share of the cost of improvements and services which specially benefit such prowty 3. Right To Tax$ Us League opposes any further effort on the part of the state to levy a property tax whieb would infringe upon the rights of local governments to levy the sane rate of tax as levied on other property within the taxing jurisdiction. 2 4. Personal Proyertyi The Lssguo suppports legislation which would provide for the optional exemption or a partial oxamption of personal property. S. lntarost Rate timid The league supports lsgislation to remove the limits established in Title 29, the Municipal Code on the penalty and interest rate for deliquent property and sales tax payments and allow municipalities to set their own rates. 6. Waiver of Tax Colleationt The league endorses legislation to permit the waiver of collection of taxes when collection costs exceed taxes duo. 1C Yes WY229 2E21 The League urges that in any legislation which increases cost of the Public Employees Retirement System or the Teachers Retirement System due to increased benefits, be bores by contributions from the employees. The League urges the Legislature to require fiscal notes to address the impact on participating municipal employers if any amendments are sad@ to PUS and TRS. IL LOCAL HOSPITAL USE 1. Utilisation of Cowl Health Faailitioar The Leaps urges the state and federal agencies responsible for health care to utilise the toast health facilities and to transport patients to regional centers only when necessary services are not available. 2. tnareasad State Fundingi The league strongly supports increased state funding of hospi- tal construction costs and of special hospital and health facility construction and operating dolts. 3. Savarats Funding For liosoitalos The League strongly supports funding of hospital and health facility grants outside the municipal revenue sharing program. 4. funding for Air/Sea Ambulance Services The League supports a program to cover the cost Of transporting patients to regional health care facilities for treatment in a sedicai sm@rgsnay. I. FISCAL 1i0T OMATE MAIIDATEB 1. Fiscal i butt as League supports enactment of legislation requiring preparation oif notes ss"WaS the fiscal impact on toast gaysrnment of any proposed bill or regulation, Including pass -through grsmts. 2. State �s The League urges passage of legislation which would require the state to rsisDurso municipalities for costs they incur in programs or activities mandated by the State of Alaska. PART 11 E13UOA WN A. SCHOOL SUYFORT 1, funding for Sohoolst The State of Alaska should sssums full financial responsibility for the eomstruatioa, maintenance and operation of public schools for basic education. Full 3 1, . M fulldinq ahmild not be nand as a reason for she state to lnlringe upon the rights of local people to supplement the state or federal funding or to administer local schools. 2. Bonded Indebtadnessc The League also urges the legislature to assume the total state approved school capital indebtedness incurred by municipalities. B. RECLASSIFICATION GUIDELINES Ths League urges the Legislature to set up guidelines to assist communities considering municipal reclassification with regard to transfer of the educational system. C, AOOMLY/C(=CIL•SCNOOL BOARD RELATIONSHIPS The League supports legislation to clarify assembly/council-school board relationships and opposes legislation which would diminish useably/council authority in educstion matters. A. LIBRARIES AND MUSEUNB The League supports continued funding for grants to municipalities in the state for the construction and equipping of Ubraries and museums. PART III PUBLIC SAFETY B. TRAINIM Us League urges the Legislature to assure that full tine and volunteer police, fire, and emergency medical personnai throughout the state have access to adequate facilities and program resources for training of local safety people. Further, the League endorses public fire aducation and arson investigstion, village public safety officers, and the police standards council. The League urges full funding of the" programs. At SUBSRAKCE ABUSE AND D0/R:STIC VIOLENCE 1. Substance Abuse and Domestic Violence: The League recognites the serious individual and public safety problems that exist in ail communities in Alaska as a result of substance abuse and domestic violence. It suvoorts the enforcement of the Domestic Violence sections of Title 9, Code of Civil Procedure (AO 09.55.600 - AS 09.55.640) in all parts of the state as a public safety priority. 2. financial Impacts The League supports full financial assistance for programs Impacted by mandatory services, enforcement, referral or sentencing. 3. 1Jutsleieai Su is The League encourages municipalities in Alaska to support funding positions of family counseling on drug and alcohol programs as a support for the existing juvenile probstion system. 1, Via of 2V Caoacitvs The League encourages the Court System to sake maximum use of TV capacity for arraignmesst, grand jury, and similar court functions to release the burden on bighly trained public safety personnel. 4 I I ✓i i 1 'j h tl M PM i. JudiLfaL Ptuuuucat The Luagur, nuPput Ln LIW fuudltrg of is .judiL1,11 :•yntrm that. would assure the presence of a judicial officer in each community in the state when the need arises. D. STATE ASSISTANCE 1. Detention Coates The Losgue recommends that costs associated with prisoner care and prisoner transportation be borne by the state. When a municipal police officer makes an arrest for a violation of either a state or municipal law, the state should assume the legal and financial responsibility for the prisoner as soon as the prisoner is incarcerated. 2. Civil Defenses The League supports full state and federal funding of civil defense and emergency preparedness activities, particularly in regards to emergency communications, medical and food supplies. 3. Fire Fighting Enuinments The Lague supports full funding for basic fire fighting equipment which masts minimum Insurance Services Office (ISO) or state criteria for small Alaska cities and fire service districts. FART IV LAND USE A. LOCAL OPTIONS 1. The League feels strongly that laws pertaining to the powers of local planning and zoning aunt allow for the greatest flexibility at the local level. 2. The Lasgus supports the requirement that the state amply with all local land use and subdivision regulations. S. LAND sELiZt7TM 1. tas Us League urges modification of state statutes which aneourage the practice of blanketing all waterways within seunieipal seleations with reservations for public eassmaats and encumbering patents with undefined easements. The League, however, supports the policy of preserving needed specific rights -of -way and easements which provide for present sad future polio access. 2. Convoymce end Land Uses The Loops urges (1) immediate conveyance of native and state lands presently identified and jointly agreed upon for aisation; (2) the state move expeditiously to complete in -lieu cash entitlesisents and to convey lands to municipalities with the least amount of encumbrance and restrictions; (3) funding of s cooperative intergovernmental Ind use planning emission to expedite conveyance of lands not yet jointly agreed upon by considering municipal, state, and federal interests in lands affected by the land selection pros:ess. C. HISTORIC AND 8E020Qf! SITES 1. Monuments 6 Historic Sitess The Lssgue supports continuation of a state matching grant progru and funding for acquisition, msintonassee, and rehabilitation of monuments, historic sites, and rigbts•of-way. F] /" 1. Outdoor Rocreatiun 81toni "17io 1wagno nupporrn the eatcbifnhment of a state matchfna grant program to be used to assist in the cost of projects initiated by communities to acquire, develop, or extend local outdoor recreation sites and facilities. 3. Recreational Oofsortunitiess Since many of Alaska's citizens recreate outside of local jurisdictions in which they reside, the League urges the state to exercise its responsibility to provide a broad spectrum of recreation opportunities for all Alaskans. The League strongly supports adequate funding for improved development and maintenance of accessible parks, recreation areas, and trsilm. p. COASTAL MANAGEMENT 1. Local Control: The Lespe supports continued and maximum local control in the development, management and implementation of coastal planning and policies. 2. E_xtra-Territorial PIWIggs The League supports the concept of "extra -territorial" planning by municipalities in the unorganised borough with statutory provisions to permit the Alaska Coastal Policy Council to adopt the "extra-tarritorial" planning as part of the Alaska Coastal Management Program, provided that the planning process allows for participation and cement by all affected private and quasi -public parties and is mutually agreed on by affected toast governments, until such time as a resource district plan is adopted. 3. Aincy Review of Leask District Programss All state and federal agency counts and recommendations must be made expeditiously by these agencies prior to local government conceptual approval of the district plain. 4. Coastal Leasiaas The Lampe discourages the state from pursuing oil, Sam, tideland, or mineral tossing sativity in a metal area until a local coastal management plan is in effect or the deadlines for establishasent of that plan have expired. S. Financial Sumorti The League encourages state financial support of the Alaska Coastal Management Program. 6. COS Revenue barinftt The Lespe supports the state in asking to receive a share of offshore drilling incoes from the O.S. Government to pay for impact of such a program. R. SUBDIVISIONS Proof ofofAwo`oysls Subdivision of land is a major factor in community development, creating patterns which have long testing effects. Although present legislation clearly recognises the need for regulation of subdivisions, means of enforcement are inadequate. The League supports legislation which would require proof of approval by local authorities prior to the filing of an instrument, islcludiag those filed by the state, which would change the boundaries of land which would asks Judicial partition of real property subject to the appropriate patios' complienee with Title 29 platting requirements within a reasonable time. P. STATE LAND DISPOSAL 1, isfirovement Pundinmr The Lexpe supports a cooperative effort by the state and municipalities to dispose of land in a continuous and orderly manner. The League also supports state funding to provide planning grants, funds for necessary access roads, survey costs for land scheduled for disposal, and state, borough and city subdivision roads, severs and utilities to not local subdivision imWovemsat ordinances. 6 /" ■: '. 2, Msndsted ➢roaramlt Ttse 1.esguo continues to oppose any state mandated program regarding dlnl,unnl of municlpnl yuloclud herd rulaLlvu Lu Llurins, alzu, of uoc. 3. CoWianco with Nunioina& Planninas The League supports state legislation or adminis- ration policy which vould require state land disposals to recognise local planning efforts, such as comprehensive plans and coastal management plans, including existing or planned municipally approved trails, by means of sight -of -way dedication. 0. Own OBOtiRAPIag nATA Computer based geographical information systems should be coordinated and standardised where possible to allow the sharing of data between state and local agencies. !t. ➢ARKLAND nUNRVATUM The League supports state ancourasoment of agriculture through farmland preservation and opening up of new agriculture lands with adequate road access within a term area and by encouraging the development, processing, and marketing of Alaska agriculture products. PART V TRANO➢ORTATSOM, DOCKS, AND PORTS T rM I. Rights_-e�t-i!_O Kith the difficulty in acquiring public sights -of -way throughout the state, primarily due to different land classification and ownerships, the Lesgue supports the identification of Adequate corridors for construction for public seaeas through such lands and early acquisition of adequate rights -of -way, 2. ?ransoortation Svatamat The League continues to support statewide planning for a state transportation system oomprised of sir, marina, and surface components. 4, ports, itarbora and Waftwhyst The league finds the existing part and barbor grant programs to be inadequately funded sad urges expansion of thew programs. Major port and harbor facility plans should be prepared and developed consonant with the municipalities$ plans. Specific provisions should be made to address the needs of individual communities for docks, dredging and riverbank stabilization, with priority consideration to eoluatnities not com eted to the states highway or rail system. g. SWACB TRANS➢OR?AT= i. Railroad &Atoms The Lasgw supports efforts towards an expanded and improved railroad system to better Serve all arcs of Alaska, includins, but not limited to, extension to sdditional tide -water ports, and to link the State of Alaska with Canadian rail facilities, 2. Highways and Trails (a) The League supports funding and implementation of a scheduled maintenance program sneeupsssing the entire Alaska prisery road system. (b) The Leagw supports the continued use end expansion of the state highways and trails systems, and further urges that now state roads and state road Construction, in areas where it is Cost eifeotivs, have provisions for sat* use by bicyclists and pedestrians. 7 i r a i i r. R r (c) 'ilia Laaguo urguu UsaL a program uL pormanunL Lrall marking be ODLabllLlled and Landed by tha state. C. AIR TRUSPORTATI 1. Construction Assistants The League supports an equitable approach to state construc. tion assistance for all public airports and supports the concept of continued expansions and upgrading of airports, airport facilities, and air navigational aids in Alaska. The Laague urges the state to provide increased levels of funding to provide for these facilities. Z. Naintenances The League supports the adequate funding and maintenance of airports, in- cluding dust control measures when appropriate. 3. Air Services The League strongly recommends the State of Alaska work to maintain the level of essential air service established in the deregulation act for Alaska communities to maintain the provision that allows these communities to be served by large (jet) aircraft. 4. Land Transfers The League supports transfer to municipalities of federal and state land# to provide for needed construction and expansion of municipal airport facilities and operations. D. "MOE TRANSPORTATION 1. Exoansioe of the Alaska Marine Highways The League supports legislation which will expand the Alaska Marine Highway to Western Alaska and improve transportation to tie the Central Alaska ports to the Aleutian ports, and further supports the expeditious procurement and/or contracting of s number of appropriate ocean going vessels to accomplish the expansion of the Alaska Navin Highway System. 3. Efficiencies in Operations The League supports efforts to provide efficiencies in the operation of the Alaska Marine Highway System providing these efficiencies are based on publicly available economio and technical date. However, the League strongly objects to any reduction in existing marine highway systems and strongly urge# community input be required prior to estab- lishing marin highway rates, schedules, and operational changes, and requests public input for studies affecting the operation of the Alaska Marine Highway System be solicited on a state-wide basis. 4. Jews Acts Thu League urges the state join in requesting modification of the Jones Act limits on the time permitted and number of port calls in Alaska by foreign bottom ships. S. Shiopinss Owidorss The League requests that the State of Alaska support mandatory shipping corridors within Alaska waters whenever local communities request such mandatory shipping corridors. 6. Acquisitions The Lasgue supports transfer to municipalities of federal and state lends to provide for needed expansion of municipal port facilities sad operations. 7. Equal Status Basiss The League supports inclusion of the Alaska Marine Highway System on an equal basis with other state road sad highway systems, transportation plannins efforts end funding. 8 • 1 J I i i 9 I 1 1 1 l'Ahl vi UTILITIES A, STATE REGULATION 1. Grants and Loans for Servieesi The League supports continued funding Which would make available to the various essential utilities in the State of Alaska direct grants and/or low interest loans in order that they may meet the needs of the citizens served by the utilities. 2. APUCs The League supports the current statutory exemptions which allow municipal utilities to operate in the best interest of the consumer public without regulation by the APUC. 3. Grants and Loans for Eneray Sourcess The League supports the concept of direct grants and low interest loans from state funds for the construction of conventional and alternative energy sources, including fossil, hydroelectric, geothermal, wind power, and other means, and for the exploration of alternative energy sources, in order that rates paid by the Alaska consumer for then necessary services nay be set at a reasonable level. 4. Aeeuisitions In order to eliminate service area conflicts between municipalities and Utilities, the Laspe supports legislation which would allow municipalities to acquire the facilities of a utility under specific terms which would fairly compensate the utility. S. Utility Relocation Costss The League opposes any effort to shift to municipalities the cost of all non -municipal utility relocation within existing rigbts-of-ways associated with municipal street work. 8, WATER. SEWER, AND SOLID WAM 1. Clean Water Acts (a) Amendments were passed by the US Congress to allow waiver from the requirement of secondary treatment in the Clean Water Act with respect to sewage disposal in marine waters with sufficient fluctuation. The Lsgue opposes any federal regulation for Implementing Section 301(h) of the Clean Water Act which would unduly burden the Alaska community in receiving these exemptions. (b) no Loops urges the legislature to adopt legislation authorizing the Depsrtment of Zoviroamentai Conservation to setup the administration of water quality standards for Alaska waters that aro now under the jurisdiction of the U.S. Enviromsental Protection Agency. 2. Construction Grant Programs The Lague strongly endorses the concept of the state paying at least 75% for sewage, solid waste facilities, and water systems constructed by muniei- polities under the State of Alaska Construction Grant Program and that the replacement of out-moded systems be grant eligible in the same manner as the installation of now systems. The Lague strongly supports appropriation levels to not statewide needs. 3. General Purxl Supports The Lague endorses so amendment to federal law which would allow gesosai fund support from the State of Alaska and municipalities for operation of sewage treat - sent facilities. 4. Needs Assessments The League strongly urges the state, through the Department of Eisvironnsntai Coaservstiou, to assess the needs of communities for adequate and appropriate water treatment a0 waste disposal facilities, including the need for operator training and assistance With facility maintenance. 9 a• S. Salid Waste Reduction Programs: lt:e League nuppurtu tunding and implementation of solid waste reduction programs, i.e. recycling, litter reduction, waste oils, etc. PART VII i J MUNICIPAL ELECTIONS 1 A. PLURALITY The League strongly supports legislation which would permit a municipality to opt out of the 40% plurality requirement for election to office and which would clarify the 40% rule for municipalities that continue to use it. 8. POLL HOURS Experience has proven that extension of polling hours has not increased voter turnout and has been costly. The League, therefore, opposes legislation which would expand the hours beyond ' - the present 8100 a.m. to 8800 P.M. C. REGISTRATION I -„_ 1. State Voter Registrations The League opposes legislation which would eliminate or erode the state registration system sad supports efforts to improve the processing and quality of that voter registration system. 2. Oa -Line Cwmter Accesss The League supports state funding to promote immediate on-line ,•, 1 computer &comes for the election supervisor offices of Juneau, Fairbanks, Anchorage, and Nome. L Do ADMINISTRATION I The League strongly supports legislation which consolidates all functions pertaining to elections, conflict of ioterut, and campaign disclosure into one agency. o_ E. DISCLOSURE RESTRICTIONS j The Lasgus opposes imposition upon local governments of caspaign and financial disclosure restrictions. The League urges the Legislature to review the laws and make the reporting requirements lase onerous than presently In effect. The League specifically supports legis- lation which would exempt from campaign disclosure and/or financial disclosure elected or appointed advisory boards u defined in the Services Areas section of Title 29, The Municipal 'f Code (AS 29.63.090). ({ F. VOM QUALIFICATION 1. no League supports legislation that would allow a municipality, by ordinance, to �I require persons to be state registered voters in, and residents of, the precinct, district, or service area in which they seek to vote. 2. The League supports legislation which would delete all of the voters not on the Official �. 11 Registration List of Title 15, Elections Code (AS 23.15.198), which allows counting of ballots of voters who have been purged in accordance with the elimination of the Excess News section of Title 15, Elections Code (A0 15.07.130(b)) since these two sections are in conflict. 10 3. The League aupporta an amendmant to Title 29, Municipal Code, to require a municipal voter to be registered to vote in state elections 30 days before the municipal election, or before signing a nominating initiative or recall petition. 0. QUALIFICATION FOR ELECTIVE OFFICE The League supports legislation that would include provisions in Title 29, the Municipal Code and Title 14, the Education Code for municipalities to set qualification for all elected municipal officials including school board members. H. TITLE 29 REVISIONS 1. SlIsnaturs Recuiremantst The League supports legislation which would clarify the Initiative and Referendum sections of Title 29, the Municipal Code (AS 29.28.070(b)) to specify that signature requirements for petitions be based upon the lost regular municipal election held just preceding the date of first circulation of the petition. 2. Recalls The Lssgue supports legislation emending the Recall stations of Title 29, The Municipal Code (AS 29.28.0") to provide that the number of signatures required to initiate a petition for recall be 35% of the number of voters voting in the last regular municipal election for that office regardless of population of the municipality, and to make recall procedures clearer, including provision to make the grounds more specific. PART VI11 LOCAL OOVERMOT POWERS A. LOCAL AUi0NM 1. Effective Local Oovermmesnts The League supports legislation which would promote more effective and independent local government in all organised boroughs and cities, and opposes any legislation Alch unduly restricts local government operations. 2. Lobbvings The League supports the continued exemption of municipal officials and employees from the lobbying reporting requirements under the Lobbying sections of Title 24, the Legislative Code (AS 24.45). 3. Anti -Trust Lawns The League supports legislation at both the state and federal levels placing smicipalities in an equal posture with state governments with respect to federal anti- trust laws. 4. Enforcement of Municipal Ordinances: The League opposes state restriction on enforce- ment of municipal ordinances and supports legislation clearly establishing local autonomy in the creation of mandatory sentenass and other remedies for violation of local ordinances. S. public Records: The League supports legislation ensuring that local governments are free to adopt, through ordinance or resolution, their own policies and procedures concerning local public records. 6. Utility Regulations The League endorses the return to municipalities of the authority to regulate all utilities, other than co-op utilities and utilities that have opted out of the Alaska Public Utility Commission (APUC) regulation, within their jurisdiction to the extent not regulated or specifically exempted from municipal regulation under state law. rim r' 7. hit rinnt on ! 71If' I nl; I "It lilt" If � fepoIII 'If II - 'y,Pl l( lit 1 ai 11, 1,31111T II•nl l l h,I) of the Public Construction Contract Payments section of 'Title 36, Public Contracts Code (AS - 36.90.001) relating to payment of interest on retainage on construction contracts. 8. Bminent Domains The League strongly supports legislation amending tits Prerequisites to Taking of Private Property section of Title 9, Code of Civil Procedure (AO 9.55.270) to eroats a rebuttable presumption that the choice of the condemning authority has been made in a manner compatible with the greatest public good and least privets injury. 9. Local Constructions Local governments should have autonomy to administer local construction projects. Title 36, the Public Contracts Code should be amended to permit local governments to establish their own notice, reporting, and prevailing wage requirements for local construction. 10. Butldina and Electrical Codest To eliminate the conflict between state and local plumbing and electrical codes, the League supports an smandmont to the state statutes to place sole authority for enforcement with municipalities that have adopted such codes. LIC 21WLOYEB LAWR RELATIONS 1. Alaska Public Eseloyeaa Labor Relations Asti The taague strongly opposes any legis- lation which would fore* municipalities to be subject to the provisions of the Alaska Public Ywployas tabor Relations Act. The tasguo opposes just as strongly any legislative efforts to dictate the provisions of local public employees labor relations ordinances. The Lesgus supports legislation to allow each municipality at any time to reject or withdrew from the terms of the Alaska Public fsployess Rotations Act, 2. Sindins Arbitrations The Lasgue opposes legislation imposing binding arbitration on local governments. Such legislation would hinder toast govenwitts' ability to determine their personnel costs and prevent local governments from having complete control of determining the local tax rat*. C, CLASSIPICATIOH Of MICIPAL GOVERNMENP8 The Lasgue urges the Legislature to address the classification of municipal governments, Including the organisation of the unorganised borough. D. 2R1.8AL/L04AL 44YBRN!/M' RELAT-100 The Lasgas supports and encourages efforts on the part of the Legislature and other con- cerned parties to address tribal/load government relations. g. 212U 29 RNIBIOMS 1. lustdamentst Elemsntst The Loopse encourages the Governer and Legislature to recognize the significanas of the effort to revise Title 29, the Municipal Code and the importance of maintaining this legislation in a basic foss and of insuring that the legislation contain only the fundamental elements and guidelines; for a basic municipal code. 2. gft Proeoselst 2be Lesgue requests other proposals which would constitute major policy revisions or innovations in the function of local government be considered in separate legislation which, if approved, would be incorporated into Title 29 once the revised basic code has been adopted. 12 M ■ a =- - Y . Y'ut"11UH ul r+l w MUn16111AL111" 1. The League supports state policies that encourage rather than discourage the formation of now municipalities. 2. The Leaps supports legislation to provide adequate funds to assist in the study of the feasibility of forming now municipalities and in the formation of newly organized muniaipalitias. PART IX RESOURCES A. NATUItAI. RESOURCES 1. The Leaps supports the adoption and implementation by the State of Alaska of policies for the planning, exploration, development, processing and marketing of natural resources in a manner that produces the optimum benefit for the state and municipalities. 2. Enaray Efficioncys (a) The League urges the federal government, the State of Alaska, and Leaps members to design, construct, and use their facilities with an emphasis on energy efficiency, as a part of life cycle cost considerations. (b) Us Leaps urges regionalised studies by the state for development and changes in model building codes to be kept up-to-date with emphasis on proper planning, high quality workmanship and maximiso energy efficiency. S. RVNAIi RESOURCES 1. Alaska Hirst The Longue supports and encourages, within the confines of the consti- tution and human resource limitations, any efforts on the part of the Governor and the Legis- lature to implement an Alaska hire policy particularly within state government. 3. Training incantivest The Leaps supports the development of incentives that would on - courage contractors and other employers to train and apprentice local workers and encourage their employment. 4. Day —Caret Us League urges full funding to participating communities for day care sssistsnco. C. Pi.ANING 1. Resource Development Prolectat The League supports resource development and funding policies which provide that state assisted resource development projects substantially impacting communities should be approved by the municipalities. 2. Wasta Atowsalt The Leaps ancourages the state to maintain high standards concerning waste disposal from processing of all resources. 3. Oooperativs pianniags Do Leaps recognizes the many of the states scat valuable resource isado are already under private control through siniag claims, Iesses, and conveyances pursuant to the Alosks Native Claims Settlement Act. Thus, in furthering its goals of both 13 ' I a � 1 I I y, I 1 ionuuttw dnvnluynwtlt Mid lhu ytu6ut�tiuu ui Alnohu'a tntvitutununt, the ►.utague urgtyr meaningitil, cooperative planning between the state, municipalities, and appropriate private parties, particularly Alaska Native Corporations. PART X ECONOMIC DEVELOPMENT At IMPACT The exploration, development, and industrial utilization of renewable and non-renewable resources, both inside and outside municipal boundaries, creates a substantial and immediate Impact on the need for municipal facilities and services which exceeds the financial ability of most municipalities to not in the short period of time available to have such facilities and services operational. The League urges adoption of state and federal legislation which would provide financial assistance to municipalities Which are facing impacts of resources development. Such legislation needs to establish criteria for impact assistance with appropriate.trinsr mechanisms to activate such sesistanee. s. I The League urges that legislation be enacted to allow local municipalities to adopt and Implement incentives for economic development, such as economic development corporations sad tax Increment financing authorities. E. TOURISM 9EVLUPMP.I4T The Leaps raeognices the importance of tourism to the economy of the State of Alaska and encourages increased assistance to municipalities for tourism promotion and attraction programs, especially within the Visitor Information Center and Tourist Attraction Development Grant Programs sdministared by the Division of Tourism. hI as i v 11UP110NES (907) 5IIM112S (901( 5810,/1426• September 9, 1984 Too Municipal Clerks of Municipal Members Froms Scott A. Burgess, Executivo Director Roo Hotel Reservation Cards 105 MUNICIPAL WAY, SUITE 101 JIJNIAU, AIASKA 'M3801 SF`�9'94 On behalf of the Board of Directorn and staff, I am inviting your municipality's elected and appointed officials to attend the 34th Annual Local Government Conference in Anchorage, November 14-17, 1984. For your convenience, reservation cards are enclosed for the Anchorage Westward Hilton and the Sheffield House in Anchorage. The Hilton has; been designated headquarters hotel for the 1984 Local Government Conference but rooms have alas boon blocked at the Sheffield. Both are offering special conference rates, $SS for a single and $65 for a double. Please be sure that your elected officials and staff persons receive these cards so that they can make their hotel reservations as soon as possible. Hotels do not like to hold reservations without names, so if you are making hotel reservations for elected officials and are not sure who will be attending, use the name of the current council/assembly member and change the name, if necessary, after the election. That way you will be sure to have a reservation. The Municipality of Anchorage and the X4L staff are working hard to put on the best eonforence over. Participation by your municipality will be our measure of auccose and our reward. I look forward to seeing you in Anchorage in November. if you have any questions, please call. rj tAVA139N OF THE NATIotjAL LEAGUE OF [ 'TIES AND THE NATIONAL A550CIATtON Of COUNTIES 4 M ~ 1A Sept. 13, 1984 /4 ` y f.ITY OF KENAI %,-Od Cap" f4"'10 1 210 FIDALOO KBNAI, ALASKA 00811 TELEPHONE 20 -7535 I Ag, U -"�` 0 - J", it 7, sw TOs Council FROMs Janet Whelan la-*UY, ?1- City Clerk Judges for the Oct. 2, 1984 election have been appointed by the Borough Clerk as followss Precinct #1 - Francis Meeks - Chairman Cheryl Carson Helen Darrow Arlene Smalley . Precinct #F2 - Janette Neal - Chairman June Harris Ruth Malston Dorothy Shaw Precinct #3 - Vivian Raymond - Chairman Barbara Hultburg Louise Rhodes Judy Violette Kenai Municipal Code requires Council approval of election judges. jw r� j� l+ I i n r CITY OF KENAI 110d edpdal 4 4"„ 210 FIDALOO KBNAI, ALASKA gall TLLKPNONKKF9.76S6 Sept. 17, 1984 TOs Council PROMS Tom Wagoner je-' Mayor REs Lt. Governor McAlpine's Letter Dated 9-7.84 Lt. Gov. McAlpine will be here Friday, Oct. 19 to discuss Capital Improvement Projects. He will be arriving at 7125 AM at the airport. We have scheduled a breakfast meeting with him at the Merit Inn at 8s00 AN. He will be taking a tour of the City to review proposed capital improvement projects; at 3s00 PM Council will meet with him in the Council Chambers for a formal presentation of proposed Capital Improvement Projects. TWsjw • I J H CITY Of KENAI PUBLIC NOTICE. Proposition #2, City of Kenai ballot (proposed Charter change), refers to the filing date for council candidatos. Beeauae of the length of the ballot, the City Council has aubmittod the following explanation of the ballots "The present filing date is not more than 60 days or later than 31 days before the election. Bocauoe the filing dote is set by City Charter, the changes have to be approved by the voters. If tho ballot proposition in approved, the chango can be made by ordinance approved by the Council." Please contact one of your City Council members if you have any questions regarding this proposition. a -_i H_ 4 rrry nu WUNTA T P.O. PDX 600 KINA1, ALASKA • PHONE 283.7535 fU L I/fy r • FR©W C. 4, Jolp" FATE REFERENCE. f y of INC Pti.ICWd rQ/ti NA'- oai,AoQAp.i ll•kqt !,a �f.:ko ,t /ioy/J 6e 74 ? '•dv •r f7'- .�e,-�v f �»r JO r t he 61r,p9f The ;Doi v t h.i!/� ✓.spy fD Eri ��J� 5*NW OATS • Alr• •f"� t•, ..di i.y. r,. �;�;�.�. �i�r,%, „� � � � , • •s. s.�:f :•. � '���� .r /- ' ice.. (3; t: . .. .. ,i�6>�. ��- .3c.'. ... _ , _, � • `�. .�-_ ..._ ... � •�� .� .. .. a �..r2.. .-...'.,.. .i .'r ri . M _y-> .. f+ __ - ...._..♦. _ .. --r5- .. -r ♦ -.., t— .. r� - �.Y - N-Fnrl: _ _ _ _ _ snY_1 Sales Tax Committee Draft No. 4 ,.lb.ulu UuL.Ln.LLIuna. 4hun nut c:ivarly otherwiso indicated by trio context, the following words and phrases, as used in this chapter, have the following moaningss A. "Buyer" includes persons who are purchasers of personal property, rental space or services. B. "Mayor" or "borough mayor" means the mayor of the Kenai Poninnula Borough or his designee. C. "Coin -operated machine" moans a slot machine, marble machine, jukebox, merchandise vending machine, laundry, dry-cleaning and any other sorvico-dispensing machine or amusement device of any kind which requires the insertion of a coin to make it operative. D. "Parson" includes individuals and every person recog- nized in law and every group of persons who act as a unit. E. "Sale" or "retail sale" includes: ; 1. Every sale or exchange of services, with the J exception of sales of intermediate services to a business the charge for which will be passed directly by that business to a specific buyer in a taxable transactions building subcontractors are - not excepted as intermediate service providers; -r 2. Every rental or lease of real or personal property; where personal property is rented from a dealer in a taxable transaction and the renter is then directly reimbursed by a third -party for the exact rental expense, without markup, then that reimbursement is not a rental or lease subject to the borough sales tax. 3. Every sale of the use or play of a coin -operated machine; 4. Installment, credit and conditional sales; 5. Every sale of use or title in tangible personal property, regardless of quantity or price, whether sold by coin -operated machine or otherwise, excepts a. Sales to a wholesale or retail dealer in the property sold, for the purpose of resale by him; Lt. Sale of personal property as raw material to a person engaged in manufacturing for sale, where the property sold is consumed in the - ST Ord Amendments Page 1 of 13 Pages y:, /` Sales Tax Committee .. Draft ray, a manufacturing process of, or becomes an ingredient or component part of a product manufactured for taxable sale by the manufac- turer. Building contractors are not manufac- turers for purposes of this section; 6. The office, or location of the business selling such services, rentals, or tangible personal property is the place of sale. F. "Time of sale" for installment sales is the time at which the initial payment is made. G. "Sales price" means consideration paid by the buyer whether money, credit, rights or other property, expressed in terms of money equal to the fair market value of the consideration, and including delivery or installation costs, taxes, or any other expenses whatsoever, measured by the gross sales of the seller. H. "Seller" includes persons who are vendors of property, persons furnishing services, the lessors of rental space or goods, and all persons making sales, including consignees and including persons conducting garage or moving sales on more than 14 days during any calendar year and including persons who conduct garage or moving sales where items will be scold for a commission or fee. Notwithstanding any other provisions of this chapter, "seller" shall include all persons engaging in sales of fireworks regardless of the length of time, duration or volume of such sales in any calendar year. 1. "Services" includes all services of every manner and description which are performed or furnished for compensation, including but not limited to: 1. Professional services; 2. Services in which a product or sale or property • may be involved, including personal property made s>, to order; 3. Utilities and utility services not constituting a sale of personal property, including sewer, water, solid waste collection or disposal, electrical, and telephone services and repair; -- 4. The sale of transportation services; _ - 5. Services rendered for compensation by any person who furnishes any such services in the course of his trade, business or occupation, including all services rendered for commission; r ST Ord Amendments Page 2 of 13 Pages 11 0 Sales Tax Colamittoe Draft Vc; A b. Any other survicusi, including advnrt•ising, mainte- nance, recreation, amusemont and craftsmars s ar- vices t 7. Services rendered by an employee to his/her employer are not subject to borough sales tax. J. "Quarter" means tri-monthly period established by the Finance Director. 5.18.020 Lovied--Amount. A. There is levied by the Borough a consumer s sales tax of 2% on all retail sales, on all rents, and on all services made or rendered within the borough, measured by the gross sales price of the seller. B. In addition to the tax levied by the borough, any municipality within the borough may levy a consumer's sales tax as provided by AS 29.53.440 which shall be reported, collected, and enforced according to the terms of this chapter. 5.18.030 Payment by buyer obligatory —Collection and enforcement. The obligation othe tax Is upon the buyer. The seller shall collect the tax at the time of payment for the sale, except as provided in Section 5.18.110. 5.18.040 Seller --Accountability to borough. All sales taxes col cc or which should have boon collected pursuant to this chapter are borough moneys for which the seller is at all times accountable to the borough. 5.18.050 Seller --Pa meet of taxes and filing of returns re ired--Contents—of return. A. Taxes _--ected or which should have been collected by -a seller hereunder shall be paid to the borough at the expiration of the reporting period established for that seller. B. Every seller required by thin chapter to collect sales tax shall file with the borough upon forms furnished by it a return setting forths I. Gross sales; 2. The nontaxable portion separately stating the amount of sales revenue attributable to each class of exemption; 3. Computation of taxes to be remitted; 4. Such other information as may be required by regula- tion. C. The completed return, together with remittance in full for the amount of the tax due, :oust be transmitted to the borough ST Ord Amendments Page 3 of 13 Pages r` y M Sales Tax Committee Draft No. 4 on or before the first business day following the last day of the month following the end of each reporting period. D. A transmittal of taxes made by mail shall not be considered delinquent if the postmark on the envelope indicates the date of mailing to be on or before the first business day following the last day of the month following the end of the reporting period. 5.18.055 Returns --Schedule for filing. The mayor shall designate in writing t - sc e u e for filing periodic sales tax returns for each seller which shall be on a tri-monthly basis, except as follows: 1. The mayor may provide that a business which operates on a short term or seasonal basis may be given the option to file returns monthly for months during which there are actual sales of $100 or more, and not file for months in which taxable sales are less than $100. Sellers electing this option shall be required to file an annual return covering all months for which a monthly filing was not required. 2. A seller who fails to file a tax return or who has been late in filing for two or more quarters may be required by the mayor to file returns and remit taxes on a monthly basis. 5.18.060 Seller --Retaining option of tax Rermitted when. If a return is filed with the taxes remitted within te t me allowed, the seller may retain 5% of the tax collected, to a maximum of $1,000 per quarter, to cover his costa of administra- tion of the tax, except in instances where an extension of time to file and remit has been granted under KPB 5.18.290. 5.18.070 Seller -Return filing required when. Any person . who filed or should have filed a sales tax return for the prior reporting period shall file a return, even though no tax may be due. This return shall show why no tax is due, and, if the business is sold, the name and address of the person to whom it was sold, and the date of sale. Resoonsibili to nave ceased conducting oustness. A. Not more tnan 17 days after the sale, Tease, or other disposition, or change in ownership interest, other than a transfer of outstanding shares of stock, or upon incorporation of any business registered pursuant to this chapter, the previous owner of the business shall file a final return, identifying the name and address of each person or entity involved in the change, the nature of the change, and the effective date of the change. ST Ord Amendments Page 4 of 13 Pages '/ Sales Tax Committee DLalt Nu. 4 B. Any purchaser or entity acquiring any interest in a business or in the accounts receivable of a business shall be liable for the payment of taxes, penalties and interest accruing and unpaid to the borough on account of the operation of the business by any former owner, owners or assignsf provided, however, that the borough shall first make all reasonable efforts to collect the tax from the person who owned the business at the time the liability was incurred. C. A prospective lessee or purchaser of any business or business interest may inquire as the obligation or tax status of any business upon presenting to the mayor a Release of Tax Information Request signed by the registered owner of the business. The liability of a purchaser or other entity for outstanding taxes, penalties and interest accrued and unpaid by the former owner shall be limited to an amount stated in writing by the borough in response to a Release of Information Request. 8.085 Publishing names of _businesses as .. VVIIYY\rl.j{{ uuaAi1%Z0 i. oE311ers ana agents of sellers who Fa' ve not filed returns or two consecutive reporting periods shall be assumed to have ceased conducting business and shall be removed from the roll of active businesses. As soon as practicable after the expiration of 30 days following the and of the second consecutive reporting period in which a return is not filed, the mayor shall publish in a newspaper in general or customary circulation in the appropriate area of the borough, a list of all sellers and agents of sellers who have not so filed and are therefore assumed to no longer be conducting business in the Kenai Peninsula Borough. Nothing contained in this section shall be construed to prohibit additional publications in such other newspapers as the mayor shall authorize. Continued operation of a business removed from the active roll by this section after 30 days following publication shall raise a liability for payment of a mandatory reinstatement fee of $100. 5.18.090 Exemptions, The following classes of retail sales, sere ces and renta s are exempts A. Casual, isolated sales of property, services, or the rental of personal or real property. B. Hospital services and medical services performed by licensed medical doctors, dentists, osteopaths, optome- trists, chiropractors, state -licensed private nurses, and retail sales of medicinal preparations, drugs or appliances for which a written prescription is required from one of the foregoing. C. Retail sales, services and rentals to religious and charitable organizations in the conduct of their regular religious and charitable functions and activi- ties as defined by the revenue lawn of the United States. ST Ord Amendments Page 5 of 13 Pages Sales 'Pax Committee fiv!!4h 61n. d D. Subscriptions to nowapapera and periouicals. R. Retail aaloo., services and rantala to the United States, the State of Alaska, or any inotrumentality or political subdivioion of either. F. Duos or feou to clubs, labor unions, and fraternal organizations. G. Sales of animal food, seed, plants and fertilizers to farmers using such commodities to produce goods for sale. H, Retail sales of real property. Services performed by a real estate broker or agent are not exempt under this section. I. Retail sales, rants or services which the borough is prohibited from taxing by the Constitution or laws of the United States or of the State of Alaska. J. Services performed by morticians licensed under AS 08.44.010, and retail sales of funeral supplies by morticians and municipalities. K, Receipts of nonprofit schools and student organizations within the schools for extracurricular activities or ovonto * L. Service charges by banking institutions and savings and loan institutions on checking and savings accounts. M. Retail sales, services and rentals by or to organizaa- tionu not organized for business or profitmaking purposes, and which are engaged in the provision of charitable, educational, recreational, rehabilitative, hospital, cemetery, or other charitable purposes open to all interested members of the community without discrimination. In no event shall this exemption apply to sales of liquor or food through the course of regulaarly-conducted operations. No exemption certifi- cate shall be approved by the mayor until the applicant has produced ouitablo evidence that it is Currently incorporated by the State of Alaska as a nonprofit corporation and that it has received tax-exempt status from the United Staten Internal Revenue Service. N, Salo of passenger seat tickets by a commercial airline. Air charter sales are not exempt. O. Freight hauling services. ST Ord Amendments Page h of 13 Pages /' Salon Tax Committoo Draft No. 4 5.18.100 Computation--Maxlmu111 tax. Thu ter. WICIIl uts applied only to t e first ,VUU of each oeparato sale, rent or service transaction. A. The payment of rent, whether for real or personal property, in excess of $1,000 and for more than one month shall be treated as sovoral separate transactions covering the rental/lease for one month each. B. A transaction involving payment for services or personal property to be rendered or delivered over a period of more than one month for a consideration in excess of $1,000 shall be treated as several separate transactions occurring one each month over the period of time that the service or property is rendered or delivered. C. The purchauo of building construction materials on a single vendor job account number and billed on a monthly basis are subject to application of the tax on a maximum of 01,000 of each monthly billing. D. Services provided on account and billed to the customer on a monthly basic are subject to application of the tax on a maximum of $1,000 of each monthly billing, per account. 5.16.110 Installment salos--Tax collected when. when a sale is made on an Installment basic, the sales tax shall be collected at the time of sale. 5.18,120 Proceeds --Dis osition. A. The not proceeds from the taxes levied by the borough pursuant to this chapter shall be used exclusively for borough school purposes. B. The not proceeds from the taxes collected for any city shall be promptly paid over to the appropriate city. 5.18.130 Regulation promulgation authority --Informal rul�in a. a mayor Onall have the power to adopt appropriate regulations, procedures, and forms as necessary to facilitate and enforce proper registration, reporting, and collection of the tax heroin imposed, and providing for the implementation and interpretation of this chapter. Regulations ostablishing procedures for rulemaking and interpretation are subject to assembly approval. B. Should a taxpayer under this chapter or a seller obliged to collect the tax bo in doubt as to the application of the chapter to an actual situation facing him or about to face him, he may apply to the mayor for a ruling on the issue. Rulings having general application shall be promulgated as regulations. 5.18.140 Seller --Certificate of registration required when. All sellers zhall file with o t orough an application for a ST Ord Amendments Page 7 of 13 Pages Salon Tax Committoe Draft No. 4 cortiiicatu uL rogiuLration, uit a Lunn Nruv..c Ud tjy w,u i,utuuyt►, not more than 10 days after the date of commencing business, or the opening of an additional place of business. 5.18.150 Certificate of re istration--Prere uisites-- issuance-- s a ro u reupon receipt of a properly executed application indicating that all returns required to have been filed pursuant to this chapter by the applicant as seller or agent of any seller have been filed, and that all sales taxes required to have been romitted to the borough have been paid, the mayor will issue without charge to the seller a certificate of registration. The certificate shall state the address of the place of business to which it is applicable, the applicable State of Alaska business license number, if any, and shall authorize the seller to collect the tax. The certificate must be prominently displayed at the place of business named in the certificate. A seller who has no regular place of business shall attach such certificate to his stand, truck or other merchandising device. B. Where the application or borough records indicate that applicant is currently in violation of filing and remittance requirements of the borough sales tax provisions, the mayor may deny the application for registration until such time as appli- cant ontors a binding agreement setting out a method by which full compliance will be attained. C. Before issuing a certificate of registration, the mayor may require an applicant with no permanent place of business within the borough to post a cash bond, of an amount deemed sufficient to insure the full and prompt payment of taxes to be collected under such certificate when in his judgment it is in the interest of the borough to do so. Failure to file forfeits the bond, but does not waive the rights of the borough to collect additional amounts due. 5.16,160 Certificate of rQ io tration--Nontransferable-- Surren er reQuirad when. The certificate of registration is nonaBoignabio and nontransferable and must be. surrendered to the mayor by the seller to whom it was issued upon his ceasing to do businoss within the taxing jurisdiction named therein. If there is a change in the form of organization such as from a single proprietorahip to a partnership or a corporation, the 'admission or withdrawal of a general partner, or a change in seller's agent for service, the seller making such change shall surrender his old certificate to the mayor for cancellation. The successor seller is required to file a new application for a certificate of registration. Upon receipt of such application, properly executed, as provided for by xrB 5.18.150, a new certificate will be issued to such successor seller. 5,18,180 Resale cards --Ex iration. The borough shall issue resale cars to be t:L11Z0d In pure asee for resale which are ST Ord Amendments Page 8 of 13 Pages 0, I Sales Tax Committoe Draft No. 4 exempt trom sales tax duc: to Ulu ex:;UptlotI prvvldud by Kits 5.18.010(E)(5) governing resale exemption. Resale cards shall be valid for a period of one year and shall be reissued annually by the borough upon determination that seller has established compliance with the regulations adopted by the assembly setting out criteria for issuance. Resale cards shall be surrendered when holder ceases doing business. Misuse of a resale card is a violation subject to penalty under KPB 5.18.300(5). 18.190 Seller - required. A seller required to register for sales tax collection under this chapter consents to the inspection of his Federal income tax returns in order to facilitate the accomplishment of the provisions and objectives of this chapter. 5.18.200 Seller --Restrictions on imposition of tax. A seller shall not advertise, o out, or state to the public or to any buyer, directly or indirectly, that the tax payment or any part thereof imposed by this chapter will be assumed or absorbed by the seller, or that it will not be added to the sales price or that it will be refunded or assumed, in whole or in part. The seller shall, whenever feasible, separately state the tax to the buyer on each taxable transaction. When not feasible to state separately, the seller shall prominently display a sign indicat- ing the imposition of the tax. 5.18.210 Schedule of tax --Computation of coin -operated machine revenue, X. THe tax to be added to the sae price, c arge or rental shall be 2% of the sale price, charge or rental rounded off to the nearest cent by eliminating any fraction of one-half cent or less and by increasing any fraction over one-half percent to the next highest cent. Each seller shall be furnished the schedule of tax payable on each taxable amount from one cent to one hundred dollars. Any one sale of items separately priced shall be taxed upon the aggregate amount.' B. The revenue from a coin -operated machine shall be treated in gross on a monthly basis, without reference to the amount paid on a particular transaction. 5.18.220 Liability for payment --Certificate of protest furnished w en--Ru n on ClaiMS--Reconalderation procedure. A. A seller shall eterm ne in the firot ingtance whather a retail sale is exempt under this chapter. However, if a seller incor- rectly determines that a sale is exempt, then the seller is liable to the borough for the tax, just as if he had collected it. B. In the event that the seller determines that a trans- action is not exempt, but the buyer believes the transaction to be exempt, then the seller shall collect the tax and furnish to the buyer a form of certificate of protest, supplied by the borough, which shall be filled out by the buyer and delivered to the borough. The certificate shall show the respective names and ST Ord Amendments Page 9 of 13 Pages Sales Tax Committee Draft No. 4 addresses of the seller and the buyer, the nature of the claim of exemption and such other information as may be prescribed by the borough. C. The seller shall remit to the borough all certificates of protest delivered to him as promptly as possible, but in any event no later than 30 days after delivery of a certificate to him, together with any additional information which the seller believes to be pertinent to the determination of the issue. D. The mayor will rule on each protest and send to the buyer a notice that his claim has been allowed or disallowed within 30 days of receipt of the certificate by the borough. If the claim has been allowed, a refund will be remitted with the notice. E. In the event that the claim is disallowed, the buyer may, within 30 days, request that the claim be referred to the borough attorney for review and then to the mayor for reconsider- ation. The decision of the mayor on reconsideration shall be rendered in writing and shall be final, subject to judicial review where applicable. 5.18.230 str exem tion granted when. Any class of buyer exempt under section C shall reg ster with the borough as an exempted buyer to avoid payment of tax. Registration shall be upon forms provided by the borough and shall include a brief statement of the reason for exemption and such other information as the borough may require. Upon registration, the buyer shall be issued a certificate of exemption which the buyer must show seller to utilize the exemption. 5.18.240 Returns --Confidentiality required --Exceptions. A. Returns which nc u e remittance in full of ail sales taxes due and which are timely and properly filed with the borough for the purposes of complying with the terms of this chapter and all data obtained from such returns are confidential, and such returns and data obtained therefrom shall be kept from inspection by all private persons. Nothing contained in this section shall be construed to prohibit the audit and investigation by the borough of any return f iled under this chapter or of the books and records of any seller required to file any return under this chapter. B. Nothing contained in this section shall be construed to prohibit the delivery to a person, or his duly authorized repre- sentative, of a copy of any return or report filed by him, nor to prohibit the publication of statistics so classified as to prevent the identification of particular buyers or sellers, nor to prohibit the furnishing of information on a reciprocal basis to other agencies or political subdivisions of the state or the United States concerned with the enforcement of tax laws. ST Ord Amendments Page 10 of 13 Pages Sales Tax Committee Draft No. 4 l;. NULliiii] conLainuLl La Lhl:i i3ucLiun !il►all IJL: (.:uIllit:ruu(l Lu prohibit the disclosure through enforcement action or proceedings or by public inspection or publication of the name, balance duo, and current status of payments of any seller or agent of any seller required to collect sales taxes or file returns under this chapter, who fails to file any return and/or remit in full all sales taxes due within 30 days after written notice is posted by regular mail to the address of record. 5.18.250 Seller--Recordkee in re uired--invests ation authority. A. Every seller engaged in activity subject to tnis �captr shall keep and preserve suitable records of all sales made by him and such other books or accounts as may be necessary to determine the amount of tax which he is obliged to collect. Every seller shall preserve suitable records of sales for a period of six years from the date of the return reporting such sales, and shall preserve for a period of six years all invoices of goods and merchandise purchased for resale, and all such other books, invoices, and records as may be necessary to accurately determine the amount of taxes which the seller was obliged to collect under this chapter. J B. For the purpose of ascertaining the correctness of a return, or for the purpose of determining the amount of tax collected or which should have been collected by any seller, the mayor may hold investigations and hearings concerning any matters covered by this chapter. The mayor may examine any relevant books, papers, records, or memoranda of any seller, may require - the attendance of any seller or buyer, or any officer or employee of a seller or buyer at the hearing, and may require production of all relevant business records. 5.18.255 Index of certificates --Public inspection and publication. A. The mayor or his designee shall maintain in a public p ace within the borough administration building a current index alphabetized by .name of business and name of owner, updated not less than quarterly, of all current certificates of registration, for public inspection. B. As soon as practicable after the first day of January of each year, but not later than the first day of June each year, the mayor shall publish in a newspaper of general or customary circulation in the appropriate area of the borough, a list of all businesses with a then current certificate of registration. 5.18.260 Unlawful acts --Civil enalties--Loss of records. A. Failure to obtain certificate of registration: A seller who is required to obtain a certificate of registration, but fails to do so within the time prescribed, is subject to a civil penalty equal to 50% of the amount of any tax found to be due in addition to payment of the actual amount of taxes. B. Failure to file return: A seller who fails to file a return within the time required by this chapter, or who fails to ST Ord Amendments Page 11 of 13 Pages /" Salnu Tax Committee 11- ('1. }1.. . A w�►aft ♦.M'. romit all taxer, csollecteci k)y 13im, ur lator found to be due, is 110) subject to a civil pena3ty of 5% per month of tho amount of taxes found to be duo, to a maximum of 25%. The filing of an incom- plete return, or the failure to romit all taxes, is the equiva- lent of filing no return. All taxes duo but not paid within the time required by this chapter shall accrue and be assessed an interest charge at the statutory rate. C. Estimation of tax dues In the event that the borough is unable to ascertain the amount of tax due from a seller because the seller has failed to keep accurate records, to allow inspection of records, has failed to file a return or has falsi- fied recordn, then the borough (shall estimate the tax due based upon any information available to it. The estimate shall become final for the purpose of determining liability of the seller in 30 days unless the seller earlier files an accurate auditable return indicating a lesser liability or unless a greater liabil- ity is shown upon audit. D. Penalties provided by city sales tax ordinances shall be enforced by the borough In the same manner as the penalties imposed by this chapter. E. Maaintonance of suites Nothing in this chapter shall be construed as preventing the borough from filing and maintaining an action at law to recover any taxes, penalties, and interest due from a seller. F. A seller shall immediately notify the borough of any fire, theft or other casualty which prevents his compliance with this chapter. The casualty constitutes a defense to any penalty providad in this chapter, but does not excuse the seller from liability for taxes clue. Accidental loss of funds or records is not a defense against the penalties of this section. G. The mayor may enter an agreement secured by a Confession of Judgment or a Deed of Trust on property with sufficient equity to cover the liability for delinquent sales taxes, on such payment terms as; the administration finds reasonable provided that the terms shall require the full payment of all obligations of the seller within a maximum period of 24 months from entry of such an agreement. 5.18.290 Extensions of time --Application required when. For good cause shown, t e mayor may grant extensions on any time limitation described in this chapter upon application filed on or before the date specified as the original time limitation. Tho 5% credit will not be allowed where extension is granted. 5,18.300 Unlawful acts --Criminal enalties imposed when. A. Each of t Fs o ow ny acts, when intant ons , constitutes a misdemeanor and is punishable by imprisonment for up to 30 days, and by a fine not to exceed $500, plus costs of prosecution, in J addition to any civil penalty assessed: ST Ord Amendments Page 12 of 13 Pages hw, Sales Tax Cominittee Dr f w M-- A — 1. Failure to obtain a certificate of registration 1 after notice by mail to the seller's last known ^: address; 1 i _,- d 2. Failure to Pilo two or more returns in any one 3 calendar year after notice from the borough to the seller's last registered address; 3. Falsification or misrepresentation of any record i filed with the borough hereunder or required to be kept hereby, if used to mislead borough tax authorities; 4. Refusal of a seller to allow inspection at reason- able times of records required to be kept by this chapters and 5. Misuse of resale or exemption cards. B. Each act prohibited by subsection A of this section . constitutes a separate offense. 'IJ i ST Ord Amendments Page 13 of 13 Pages I 0 Ll. 11 KENAI HARBOR COMMISSION August 28. 1984 Kenai City Hall John Williams, Chairman No Agenda for this meeting. Presents Williamo, Houtz, T. Thompson, M.W. Thompson, Dragseth, Quesnel Mayor Wagoner, Brighton, Kornelis Mayor Wagoner TAMS representatives 1. Discussions Dragseth/Salamatof Proposal Chairman Williams gave a history of the land trade up to the present time; how they will affect the waterfront area, what potential for developing a dock facing in the area south of Salamatof dock; and whether or not to look at other areas. Chairman Williams called for a report from the Engineering Dept. Public Works Director, Keith Kornelio presented a map color -coordinated to show the lands to be traded. Bill Brighton explained that the bank is washing away and that the primary purpose of the trade is to consolidate storage and giving another individual water frontage allowing them to put up a fish processing facility. loading and unloading. The plant manager of Salamatof who stated that it was his opinion that it would be advantageous to all parties. What is needed is some type of consent or opinion to pass along to Council. Two primary considerations ares 1) would the Harbor Commission stated that it would enhance the value or lease of the land and promote more industry on the waterfront, 2) determine whether or not to build some dock facilities up to what would then be the City property line, 3) what type of arrangement has been discussed with Salamatof as to use of the dock if the City builds it. The Commission discussed the use of Tract A, i.e. whether or not it could be used for a docking facility. Mayor Wagoner stated that "at no time was the City given permission to use Tract A by BLM." Chairman Williams stated that, "I don't believe we would have spent a half million dollars on engineering looking at a 30 million dollar harbor if we hadn't cleared that issue up". Dead files will be researched to ascertain that BLM has given or not given consent for use of Tract A. The Commission turned discussion to docking facilities for off-loading barges. Commissioner Houtz asked what public input has been received. _ Commissioner inompson stated that he remembered at least one public hearing J where very few, perhaps one or two, commercial fishermen appeared. Chairman Williams asked Commissioner Dragseth, "if the City were to build a r - t i :i dock, would Royal pacific be in a position to extend the dock facility and incorporate it in the one project. Commissioner Dragaeth answered, "financially, no". Chairman Williams stated that he did not feel the Commission could move ahead in that the deed restrictions would prevent the City from using this sites the Salamatof trade would not give the City large enough dock facility to do anything worthwhile. Mayor Wagoner stated that a deed restriction could be cleared up, and begin researching some barging companies such as SeaWay to determine the length of dock needed and the computability for that type of operation during the summer fishing months which would need the dock for fishing operations. Chairman Williams suggested a financial partnership with the City and Seaway for funding or more money from the State. Mayor Wagoner noted the revenue which would be derived from tonnage passing over the dock on a scheduled basis and more than 3 months of a year. Chairman Williams stated that it appeared that the Commission was unable to come to a consensus of opinion on the issue and that Administration is asked to: 1) Investigate the availability of Tract A with OLM 2) Open discussions with SeaWay to determine needs Commissioner T. Thompson asked the TAMS engineers, "if the City were to consider, say a 400' dock, 1) TAMS opinion about a situation where the facing coming down would be parallel with the current, and L) if it could not be parallel with the current, in a general sense, could a barge be held on a 400' dock with a strong ebbing tide as a sideways torque would be created. Jay Lyman answered that "this angle is there because the main channel of the river swings around." Commissioner Thompson stated, "it is then, at the current time, parallel with the water", answer yes. It takes full advantage of the movement. The problem comes when you try to extend' it, your river is curving around so that the further you extend it, the more you have to take extra precautions and becomes unworkable. Until the answer is returned regarding the availability of Tract A, any plans are forestalled. ' l Mayor Wagoner stated that he has discussed with Council the possibility of ' combining Commissions into an overall Transportation Commission including )` the airport. If this ever comes into being, there will be some freight traffic with the airport. This is a suggestion for consideration. ,l ! 2. ADJOURNMENT Meeting was adjourned. No meeting date has been assigned at this time. Janet Loper ;I Secretary TIM 1lootaa i.rr .n AM, J COY (A WMAS . ,.. ,, --,.�.-.,... • ,�-„- . __.. �. ter- - � ' ;i - . _. IM WI 1MPI.OYMFNT 1:nN111ACT Nits contract suecuted an the _ day of , 19114, Is writton documnntatIon of the oral employment agrooment previously entarod Into hetwnen the City of Kenai and William J. Brighton an May 2, 1904, for the position of City Manager during the fiscal year 19114-114. The City of Kenal agrnea to provide William J. Brighton with all beneflto rogularly given to management personnel and the salary of Mon for the fiscal year 19114-85 to be paid ac- cording to the City of Kenai's regular aohedulo'of salary diabufsomnttt. In addition to the salary, the City of Renal *groan to pay William J. Brighton a $5,000 bonus at the tend of calendar year 1984 provided William J. Brighton remains employed as City Manager at that time. The City of Kensi also agrees that in the event William J. Brighton is discharged from hia position as City Manager against his wluheo and not as a result of a legal action instituted against William J. Brighton as City Manager or adverse services creating a meritorious cause of action against the City Manager by the City of Kenai during fiscal year 1984-8l, the City of Ronal shell allow him ninety (90) days' severance pay. William J. Brighton agrees to entry out all duties required of the City Manager for the City of Kenai, load further atiress that in the event too ahould voluntarily discontinue his employ. I ment an City Manager, he shall forfeit all claims to any unpaid entitlement under thin contract, but that such voluntary dis- continuance of employment shall not affect any entitlement that may he provided under the Iowa of the State of Alanks. Mayor Tom wagnitur Councilwoman Councilman aymon ed�EiT Qunci man a n Ue William J. 11riqhfon �ounallman Yam Aciierly i.nuaai man . lla,► Hall .ounc i womafi rpsgis Honfor i 4 /' a 9 3f�_�_r rbr >yt.. •. s _ .. -T. r— 7/1LJ4..r..�.Ar:i.-2-+�- _- _-_ s�._.. c. y_. _-- ... tt_ _ .. ...-1��~ _ rir_-__73--�°f?/4rr '_.`�'—_`��"i�-.;.� -- - __ _ ' +• 'Al F O — Q x1:GLLAi1 A»GL;dI>L1 lALL'1 1�G bit;+U"ILA , , AUG037 21 1984; 7:30 P.bl, ,1 elf 11010UG41 A101iN15TRATIUN BUILDING SOLDOTNA, ALA5KA a7:00 Construction Status !report; Brent Stonebruker � 1 A. CALL TO ORDER The regular meeting was callod to order at appproximstoly 7:30 p,m, by President Sharon Jean following a construction status ropport rosentod by Mr, Brent Stonebrakor of Frank Neolln 4 Associates. Stonebraker indicated that the Kolifornsky Beach Elementary punch list has been completed as well as Phase 1 of the Soldetns Junior High aabostos removal, 9, PLEDGE OF ALLEGIANCE C. INVOCATION: Rev, Bruce Betkor, Star of North Lutheran D. ROLL CALL PRESENT: Assomblymembers Glick, wall!, Corr, Carey, Crawford, Koons, Sewall, McGohon, Nash, Jean, Dalo, Douglas, Skogsta4, Stephons, Dimmiek; Mayor Thompson, Adorn. Asst, best, Asst. Atty, Resves, Finance Director Barton, Public storks Director Hskert, Assessor Thomas, Acting Borough Clerk Brindley EXCUSED: Assembly President AM $' E. VACANCY, DESIGNATION OR BEATING OF ASBEMBLYNEMSER F. APPROVAL OF MINUTES OF AUGUST 7, 1964 The minutes were approved as presented by unanimous content. ' ra "' G. COINITTEE REPORTS (a) Finance (Crawford, Carey, Corr, Dimmick, Glick) Mr. Crawford advised the committee met this evening and considered Resolution 64•11, Their recommendation by unanimous consent was "do not pass",The committee's fooling was that other finance items on the agenda were in line and should be taken care of at this meeting. (b) Public ffairs (8ewall, HcOshon, Stephens, DougMr, Sewell indicated whiie there had boon no mooting today, the committee will be considering Resolution 64.128, acyulsition of non•areawide fire and emergency medical service powers, at their beptombor 4th meeting, fie urged members of oxistiq service boards and the public to contact the committee or provide input at the September 4th meeting in regard to the issue. (e) Education (Koeno, walii, Skogstad, hash) Mr, Nash reported that at today's meeting Mr. Dale Sandahl, Executive Diroctor of Personnel for the School District explained to the committee the manner in which vacsocits are filled in the staff selection process of certified and classified orsonnol, Class:ilod personnel, administrators, are hired locally from within the borough at a 091 rate. The only exception to this would be those exceptionally tochnical fields such as computers or theatre, Certified teachers ere at hired at at a rate of SO - 701 from within the state through a 1"n9 process, Mr, 9,soh noted statistics regarding the number of applications varying from four (4) applicants for one vacancy to Soo for another. The average number of applicants is 70 gopper vacancy, Mr, Slash expressod the feeling that tho schR�ol district a good screening process, •I, /' KI:NAI PENINSULA 801MUGH ASSWHISLY REGULAR MELTING 01 AUGUST 21, 1984 (d) Logisl,stive (Dimmick, Arnons, Joan, Nush, Crawford, Sowell, Keene, Glick) No Meeting, Mrs. Dimmick did advise that AML members of the AML Committee and Board should got together for a very short discussion this evening in re and to input as to concerns or interests for the policy statement to 1)e adopted at the November meeting of the A14L In Sitka. Also, members should be aware of a resolution passed last year which will again be up for consideration this your. (a) Kenai River (Dale Corr, Dimmick, Glick, Joan, MCGalrun) No Meeting. (f) Sales Tax (Arness, Nush, Carey, Skogstad, Walli) No Meeting, H. AGENDA APPROVAL AND CONSENT AGENDA Mrs. AcGahan requested that Ordinance 84.59 (Substitute) be added to the agenda; however, the present 84.59 was reflected as (Substitute) on the sonde, Pros. Jean clarified that in the actual packet the ordinance was called Ordinance 64.50 (Amended) and that Mrs. McGahan's request would be added. Pros Jean stated that Ordinance 84•S9 would be added as (a). Mr. Stephens requested that Resolution 84.133 Subst. be withdrawn from the consent agenda. (u) o 84.133 S bs "Providing for the Acquisition and • r u on o 00 Tarps as a Program to Encourage the Use of Such Tarps to Cover Garbage Thereby Preventing Littering Within the Borough" (Dale/Jean) Pros. Jean noted that there was a member of the public at the meeting to speak to the resolution. I. ORDINANCE HEARINGS (a) Ord. 84.54_Subrt "Apppropriating $40,000 from the un es gnu a and So ones to Mackey Lake Fire Sub- station for the RidgowaY Fire Service Area" (Mayor, Req. RFSA Boatd) The Ordinance was read by title. MR. DALE MOVED ENACTMENT OF ORD. 84.54*8UBST, Mrs. Wuhan raised a point of order stating that ordinarily the question is again posed to the public as to whether anyone that failed to sign up to spotX has consent. There were no further public requests for comment. Mr. Carey moved for unanimous consent. Pros. Jean inquired from the body if there were any objections. As there was no objection, Free. Joan requested that Madam Clerk to note.' ORD, 84•64 SUBST, WAS ENACTED BY UNANIMOUS CONSENT. (b) Ord, 8 S "Appropriating f19S,789 for the 911 communication Center for Fiscal Your 1984.65" (Mayor, Req. CKPECC) ASSEMBLYM211BER DIMMICK MOVED THE ENACTMENT OF ORD, 84.55 V4211DED, Assesblyme>aber Nash rose to oxpl..in the amendment • Section 1 • .monds by identifying the account numbers from which the appropriation will be suds. Section Z - incorporates by reference - the budgot page. Z . ,s 1 t; f� 0 i` Mrs. Dimmick oxpressed the feeling that the 911 system is an excellent system in providing emergency communie4tions within the Borough, Although the system was not Available everywhere within the confines, She ex ressed that while the question concerning the authority of the Borough involvement seemed to have been cleared up, her concern wan that this was being done as a pass through, She submitted a packet of materials including minutes of the last couple meetings and a list of board membership, She noted that in addition to troopers and flropersons, Mayor Thompson and BOC Director Mr. Johnson were listed as members of the board and that Mr. Johnson was also listed as one (1) of three (3) advisors. She expressed the concern that this is not a standard Borough operation we merely pass through to a non-profit corporation, In her dealings with non-profit corporations, that the individuals were not as familiar with conflict of interest or methods of Arranged planning for financing. Mrs, Dimmick then stated that as the ordinance was before the Assembly tonight, could the Attorney advise if it would be a simple matter to put this on a ballot, borough wide, to adopt as a Borough power? Simply to administer 911, to that it would be a standard Borough power and there would no longer be a need for is non-profit corporation. She Inquired from the Attorney As to whether this was something the statues preclude or could it be simply done? Mrs, Dimmick then posed is second question directed to Mr, Barton. That If this were a borough wide power, could this be provided with federal revenue sharing funds? Mr. Reeves replied that it could be accepted at a borough -wide power and that there is an ordinance being prepared for that purpose for a resolution to put the issue on the ballot, to be submitted at the next "seeing on Sept, 4. Upon Mrs, Diamiek's inquiry as to what ballot, Mr. Reeves stated that it would have to be at a special election too late for the upcoming election, and that hadn't been decided, file proposed resolution to be presented is sponsored by the Mayor at the request of the board. Mrs, Dimmick expressed the opinion that in the future when there area transfer of funds, that perhaps there could be adequate provision of Intonation and packet materials and be done at budget time, Mr. Barton expressed the opinion that use of federal funds for arsawide provision of services could be used, but that he would have to check that carefully, Mr. Carey posed two questions regarding the budget of concern to his, Mr, Carey requested explanation of the large increases in budget in two orset -- salaries and personal services, He posed the question, why hat the personal service part of the budget gone from $68,000 to $116,000 • what is that $47,000 increase? Mr. Wand. board member, responded from the podium that in the past there had 6/en just ene dispatcher, After two years of operation, there hat been a dramatic increase in the use of 931 in the past six (6) months, In response to that activity, troopers have requested that there be an Increase of one (1) dispatcher if they were goin# to continue to answer 911 calls, With the addition of the one position and ascribed maintenance costs there would be an increase in budget, although he couldn't address specific numbers, Mr, Barton reflected that the $47,000 personal services takes into account the individual plus their fringes, plus any increases in retirement and other things this year. Mr. Barton advised that the f47,000 includes the salary of 134,000 plus a fb,000 increase in retirement FICA of fZ,300 and An accrued annual leave of 11,600 totalling 147,000, /' Ki'NAI PI."I;.SUL.1 b01(ulA611 ,1ytiLSlis1.l" I41.GU1.,1k %11.1,TI'.6 01 •IU611ST :1, 17�•1 r Ar. Douglas asked Mr, Udland if he could give a specific reason for such an increuso In the use of 911? Was it duo to an increnso in population or number of tourists on the peninsula now? Mr. Udland indicated that Sir. Douglas was correct about increased population. Mr. Udland approximated, per trooper information, that there had been about a 40t increase In activity and that Soldotna was looking at a similar increase, Kenai had also experienced an increase. Additionally, some individuals had been using the old emergency numbers, but that now people were using the 911 number instead. Sir. Stephens inquried whether Mr. Udland could provide numbers for daily calls or weekly calls. Mr, Udland compared the first six (6) months of 1984 (1,802 calls) as to the first six (6) months of 1983 (1,023 calls) Additionally, of the total number of culls, the actual emer envy calls had increase while the non•emergoncy calls decreased in the second year. Mrs. Dimmick inquired as to whether the corporation had had an audit In the past two years and who had done the auditing. Mr. Udland stated that the corporation itself had never been in receipt of any monies "passins through its hands". The money they have been operating on has been a state Brant that came to the Borough at the request of the Board. The Board applied for the grant, was ranted, and the Borough has administered all the funds. There has een input from the Board as to the funds use. Total expenditures of the Board each your, has been presented to the Assembly. Mr. Barton stated that the funds had been audited along with Borough funds each year. Mrs, UcCahsn coxxonted that it was her intention to vote for enactment of the ordinance because of the way it was funded presently. She reminded those members of the Assembly who were present at the passage of the ordinance in 1981 that there was concern at that time that this would become something that the Borou h would fund. The feeling at the time was that the grant was a $39O,�OO gift and at that time per her recollection there had been a directive from the state advising that "you will set up such a service" and here is the money to dlo it, It is her feeling that should state monies in the future not be available, those areas using 911 services should budget for it. Mr. Stephens commented that he hsd opportunity to utilize the 911 number three times and that each time the troopers and police had responded almost instantly. He commended the program and stated that he would appreciate votes for it, Mr, Nash posed two questions to Mr. Barton, The first being, concern that Section 3 slakes the ordinance effective as of 11:01 a.m. on July 1, 1984 and consideration tonight is on August 21st, why was it being made retroactive application? Mr. Barton responded that in the past this has not appeared as a page in the budget and that it was decided to incorporate this as a page at this time, Mr. Barton also indicated that there has been no money spent that wasn't there as such. Mr, slash asked Mr. Barton to identify where these particular funds case from, Ile stated that although the attached memorandum indicates that the monies are from current contracts, actually aren't these contract funds that were paid into the Borough to hold over the last few years? 4 - , 0 ,,I—,... .I., ASSLMOLI RI:GULAK MLk11Nt, Ul• AUI.US1 .1, 1V 84 Mr. Barton deferred part of the question, but that funds had been received from different areas over the last year or two. The grant money was within these funds, which the Assembly did appropriate for this project. Mr. Udland stated that the funds Included monies from contracts with Soldotna and Nikiski. Mr. `ash restated that he had no problem with the original grant money or the contract monies. However, his question was where did it go when it went into the Borough? Did it go Into the general fund? Are we appropriating general fund monies? Is this a program receipt? Mr. Barton stated that it was received and appropriated by the Assembly not as a budget but at time of receipt. Specific dates would have to be researched. These are not Borough monies -- Borough general fund monies, but monies that came in for a specific purpose. Mr. Douglas asked for confirmation that the money reflected, $195,000, was money generated by the contract services from Nikiski fire service areas and the City of Soldotna. Mr. Barton confirmed this was so in addition to the state grant. Mr. Douglas encouraged the Assembly to vote for the program. Mrs. Dimmiek encouraged assemblymembers who continued to have questions regarding how non-profit corporations handle public money, to read the minutes of the last board meeting. Mr. Carey inquired whether there was any money left sitting somewhere from these accounts? Mr. Barton stated there were no monies sitting anyplace and this ordinance appropriates everything available. ORD. 84.55 AMENDED WAS ENACTED BY UNANIMOUS CONSENT. (c) 04-18 "Amending ipo2iProvide for seo t a Declaration of tfor Assembly Vacancies During a Term of Office"(Mayor) ASSEMBLYMENBER DIMMICK MOVED THE ENACTMENT OF ORD. 84-58. ORD. 84-SS WAS ENACTED BY UNANIMOUS CONSENT. (d) Ord. 84-59 Sbst "Amending KPB 1.25 to Provide a ore a st c and Equitable Land Sale Credit for Disabled American Veterans" (Nash) Pre*. Jean recognised Mr. Steve Richards, Director of the Kenai Peninsula Veterans Center, who wished to speak to the ordinance. Mr. Richards stated that he appeared to provide information to the Borough Assembly and not to represent any specific group. Specifically, 1.15.020, specific language, 'permanent disability as determined by the United States Veterans Disability Pension" Mr. Richards said that he would like to see that langua a changed to "United States Veterans Disability Compensation or Pension". He indicated that there are two distinct ratings by the Veterans Administration and to negate one would mean that that particular veteran with that rating would not be able to got involved in this program per the way Clio statute reads legally. At the end of passage 1,25,020, subsequent to the language "the Korean or Vietnam or any service in these arned forces durin or after wars" he requested language to read, "a letter of dis.111ty rating from the Veterans Administration or Social Security" -- be a requirement for that. That the veteran would have to prove that disability or that he has been . 5 . g kF•;:,lt Pt;::t�yI11.�Is�,1U611(41 A!*SI.; III I, ItL"ULAIt %ILIA I;,r (L AM; [),),I I1, 11h4 rated. Section 1.25.030 Sect IOn "a." ddd language that Staten that they would Isave to prove they had d Purple Heart with .s UU114 or a Purple Heart citation. Section "b." in regard to the language "excluding unemployability rating of the purchaser.", Mr. itovona wonted to oxploln this section and advised that the Veterans Administration has a rating ayotem from 0 to 1001. He stated that a lot of times they will give 4n Individual a disability rating of 801 and give them another 10t as being unemployable. In other words, their disability isn't quite enough to give them is total disability rating, but enough they can't work. In terms of this proposal, that will make a lot of difference in how much of a reduction that the veteran would got on a percentage basis from having to pay the top amount, tie also spoke to the language, "In no event shall the total of all credits allowed on the purchase of Borough property exceed _ sixty percent (601) of the purchase price," From his understanding that stated maximum was proposed because of administrative costs involved and selling this borough allotted land. He posed the quostion as to why It cost the Borough 40t to process the paperwork? ft was his tooling that a veteran should be eliQable for more than a 606 discount on the lottery land. He also would like to see amendment Lan uage removed from the residency requirement. He stated that a residency requirement has been proved to be unconstitutional in the past. However, there had never been an issue of constitutionality for veterans' benefits in any state in any case to his knowledge, Mr. Richards then made himself available for questions. Mr. Gordon Leavey of the Kenai Post 20 of the American Legion, representing state officers who are residents of the Kenai Peninsula as well as western district officers who are residents of the -r• tpeninsula, and district commander and the VFW Post of Soldotno. Mr. eavey commented that it made good sense that they are a number of „ veterans who have received Purple Hearts but who are not receiving disability currently. Mr. Leavey felt that the inclusion of Purple Heart recipients in the discount was a way of thanking the veterans for their service, without regard to their employability. He asked the attorney for clarification of the definition of residency here in Alaska. He cautioned that the current up-to-date court definition be used that came about after a series of cases throughout the elderly and their deductions. Mr. Leavey felt there were a number of "pitfalls" in the definition. For instance, all of the veterans who had gone to Lebanon and were injured and veterans who went to Grenada i and ware, injured were not included. He felt that there should be language to incorporate these veterans plus veterans that might be Involved in such actions in further years. He cited discrepancies between data requirements of the VFW and the American Legion. He also asked that consideration of t�i veteran's dependents .. such as widows be looked at. He closed by reminding the Assembly that there were individuals who would be left out of the entitlement as the language currently reads, (; Mr. Lee Thuman, member of Kenai Post 020 American Legion expressed support of Ord. 84-59 Substitute as a combat veteran of hetnam. Mr. Eric Dennis,, Vietnam veteran from Kenai, addressed the Assembly h spoke to the issue of agent orange disability. He contended that although these veterans had not received medals or disability they were unable to prove disability due to destruction of records. He felt the Purple Heart was to exclusive and there needed to be a broader range of consideration, ASSEMBLYMEMBER lIC GAI{AIi MOVED A SUBSLBIARY MOTIOII TO ENACT ORD 84.50 SUBSTITUTE, Mrs. 11cGahan advised that this ordinance would not maintain the language as the current ststus quo. Currentlyy, the veteran has to have a Sot disablement to et the discount. 11r. Nath's amendment would amend for degrees, Mrs. McCahan's subsidiary motion for the 6 W Substitute woula be a 50% dlsct,unt for any disabled voteran regardlass of the degree of disability. Mrs, McGohan said that things are becoming quite complicated with "rod taps" and trying to determine tho degree of disability, She also pointed out that there was language in both Mr. Nash's amendment and her subsidiary motion provides "..,or any service in those armed forces during or after wars." While she expressed concern about the red tape, s e +statod that there had to be some guidelines for this land lottery, Mr. Nash advised that Mrs. McGahan's subsidiary substitute in Changing only the pereontago does in fact maintain the status quo •- being as it is only applicable In a rooideney credit situation, Residency credits are unconstitutional and would never be uood. So, the subsidiary substitute would in effect be a meaningless amendment because it couldn't be used anyway due to residency situation, per Mr. Nash's interpretation, MRS, NC GAIIAN MADE A MOTION TO MOVE BOTH ORD. 84.59 AMENDED A!1D 84.59 SUBSTITUTE TO THE, PUBLIC AFFAIRS COMMITTEE, POSTPONE ENACTMENT UNTIL SEPTEbIBER 18, 1984. Mrs, 1IcGshan then invited mombero of the public to attend the Public Affairs Committee sleeting of Soptombor 4, 1084 at 4 p.m, and to provide input. Assemblymembor John Douglas rose to express his fooling that a better choice than referring the ordinance to Public Affairs Committee, would is to form a task force group, in conjunction with the Veterans Center and the American Legion and the VFW and assomblynombers, MRS. MC GAHAN MADE A NOTION TO CHANGE HER PREVIOUS NOTION TO HOVE BOTH ORD. 84.59 AMENDED AND 84-50 SUBSTITUTE TO OCTOBER 9 AND ASK THAT THE PRESIDENT OF Tits ASSEMBLY APPOINT A TASK FORCE FOR STUDY. Mr. Nash addressed the President and asked that it a task force is to be formed, that reprosentotives of the VFW, American Legion and the local veterans groups' designees be included. Pros. Joan expressed concern that while she felt comfortable about appointin assemblynoabers to such a task force, oho was hesitant to do to witg the public sector. Mr, Stove Richards again addressed the Assembly and said that he feat the veterans who had spoken at the xeoting tonight had expressed their feolinys about what they do and don't support, It woo his fooling that they prefer Mr. !Josh's version, Its voiced confusion about what the confusion was about veterans' input. Mrs. Click thereupon asked Mr. Richards if he wished more specific language to be added to Mr. Nash's proposal reflecting specific actions (i.e. Lebanon and Cronado) to be included. Mr. Stevens declined stating that he felt that Mr. Nash's proposal as It stands covers anything and everything that has got to do anyt�iing to do wit{► the veterans, Pros. Joan.oskod Mayor Thompson for co=ont. Mayor Thompson asked about inclusion of prisoners of war, not injured, widows or wives of dioablad veterans, Mr. Stevsns indicated that they had just neglected to include language regarding prisoners of war and anyone who had been a P,O,N, would have a piece of paper stating that he had been d P,0,11, and that any widow of a disabled veteran is entitled to that dlaabled voteran's awards, Mr, Carey spoke to the task force idea. He voiced support for inclusion of oil veterans and that it would be really wrong to honor 7 . 0I i&1: Al 1'1:;.I:. till..+ 1-W)Il(,II A.,bLI•IbLi Itl,GUL,W( MLLI lti(, 01 AUGUST simply how many wounds a veteran has, or the amount of permanent disability. His feeling is that we should be supporting the people who serve period. The idea of all the technicalities -- do we include the wife of someone or any spouse and P.O.W.s -- is beyond the point and getting legalistic. Every single person who has the pbtential of having suffered for their country should be included. He urged that in appointment of the task force, that every single person who was willing to serve this country should be given equal benefit to and we (Assembly) should not be giving bonuses for how many wounds gotten. Mro. Dimmick spoke in favor of postponement and the idea of the task force. MRS. DDIMICK ASKED UNANIMOUS CONSENT ON THE MOTION TO POSTPONE ORD. 84.59 AMENDED AND SUBSTITUTE, AND SET UP A TASK FORCE STUDY GROUP, VOTE WAS CALLED AND THE MOTION TO POSTPONE AND TO SET UP A TASK FORCE STUDY GROUP WAS ENACTED BY A VOTE OF 14 YES TO 1 NO; Corr voting No, "Pros. Jean later appointed Assemblymembers McGahan, Carey, Nash and Walli to the task force. She asked the public members, Mr. Lee Suman, Mr. Eric Dennis, Mr. Gordon Leavey and Mr. Brad Bradney to make up the task force reppresentation. There will be a meeting at 4:00 p,m. on September 4th. J, INTRODUCTION OF ORDINANCES (a) Ord, 84.69 "Amending KPS 2,08.020 to Provide for a r onthly Regular Meeting of the Borough Assembly" (Carey) Pro*, Joan Jean asked the Perlisentarion to read the pertinent section of the resolution adopted regarding rules of debate and conduct on Introduction of ordinances. My, Nash, ➢arlimentarion, reported Res. 84.105, adopted on 6-5-84 provides in Section 1 that each ossemblymember shall be allowed to have the floor only one (1) time to discuss any ordinance, proposed amendment to an ordinance, or an amended ordinance being considered for introduction, An assemblysember ",be given the floor to respond to a #pectic question from or directed through the Chair must limit his/her response to the question. This rule limitation may only be suspended by a majority vote of the total membership of the Assembly. ASSLMBLYMEMBER CARRY MOVED THE INTRODUCTION OF ORD. 84-69 SETTING A HEARING DATE OF OCTOBER 9 AND ASKED TO SPEAK TO THE ORDINANCE. Mr Carey advised that the reason for this ordinance was the continued problem of getting throw h the meetings. He stated that the increased workload had caused continual postponement on ordinances. He advised that Mr, Crawford had suggested that on one meeting a month there could be a "doubling up", that is, meeting Tuesday and Wednesday, He urged support for the introduction of the ordinance. Mrs, MCGahan inquirer about the origin of the administrative cost of $15,000 to Mr. Barton, Mr. Barton ndicated that this cost included several things such as the printing operation, the time that the staff puts in -- some of It would not be duplicated but there would be duplicate tine -- time the switchboard operator is on the board in the evenings of the Assembly meetings to take calls, Things that could be Identified as a direct cost. Other things that were indirect costs were not considered. :tss. Dim#tici stated that she had rnticipated that something was going to have to be done in regard to the situation that she preferred having an expanded meeting, Tuesday and Wednesday. She voiced opposition to limited debate because she feels debate is necessary. 8 . hLNAI V1,:,I:ibULA 15I)A Ikdl A:.:A,%1ILi I<Lt.UI,AA MLL11:0, us AU1,II.>I I. IV44 Debate sometimes enlightens and changes minds. She voiced the need for information to be provided by administration, She voiced favor for the introduction of Mr. Carey's motion. ASSEMBLYMEMBER DIMMICK ASKED UNANIMOUS CONSENT FOR ORD. 84.69. MR. SUIVALL VOICED OBJECTION TO UNANIMOUS CONSENT, Mr. Stephens advised that he felt the Assembly should at least vote for introduction of the ordinance by Mr. Carey, That there should be investigation of different possibilities of taking action on the problem, fie said that Masun's provides for limited debate and that he also had a problem with that, but that there has been a number of times that the debate has become rather redundant on whatever issued being discussed, fie suggested that perhaps the Assembly needed to pay a little more attention to parliamentary procedure. fie urged introduction of Mr. Carey's ordinance. MR. SEWALL ASKED THAT HIS OBJECTION TO UNANIMOUS CONSENT BE WITHDRAWN. K. CONSIDERATION OF RESOLUTIONS " Res. 84,133 Sbst "Providing for the Acquisition and s s u ono 200 Tarps to Cover Garbage Thereby Preventing Littering Within the Borough" (Dale, Joan) Ms. Andrew Sarisky expressed his disapproval of the resolution as a literal government give-away program which would have no meaning. He pointed out that the Borough population was a lot more than 200. Also he questioned what the actual use of the tarps would be. He criticized the process of budgeting which expends money by resolution and questioned the authority to do this, He further stated that the purchase of tarps from budget for landfills and transfer sites is sloppy budgeting and is not authorized nor was it contemplated in the bud sting processHe suggested that the Assembly should consider its authority under Title 29 to regulate the licensing and operation of motor vehicles and operators, They are all motor vehicles going to the dump, on the roads, or all truck entering land sites with open trash should be fined. Mr. Brad Bradney stated support for Res, 84.133; anythingthat stops littering being beneficial. fie also stated support for itterers being required to pick up litter rather than just a fine. ASSEMBLYMEMBER DALE MOVED ENACTMENT OF RES. 84.133 SUBST AND ASKED TO ADDRESS THE RESOLUTION, Assembiymembor Dale provided some background information regarding the resolution, lie stated that he and Ms. Jean and worked in conlunction with both the Soldotna and Kenai Beautification Committees, fie said the operative word in regard to this resolution was "promotional". It was the hope of the group that the press coverage would raise the consciousness of people in covering loads. fie pointed out that the City of Anchorage -- either fining people entering the landfill without a tarp/or selling them a tarp at the point of entry " is not available to the Borough. The Assembly does not have that kind of authority, Assemblymembor Stephens expressed o problem with the resolution in that he felt that it was another Live-mway program. Although he felt It was a good idea, he would like to see the tarps sold at cost rather than use taxpayers' money in a promotional schema, . 9 - I s i I t L ! hl..%Al I'I.:; C614A B01(000II .1SSLMBLY REGULAR MUTING Of AU60S'I. i . 1984 Assemblymember Crawford voiced objection to the program being done as an annual promotion. He sald that he had no objection to is one-time distribution, but not do annual commitment. Assomblymombor Walli voiced agreement with Mr. Crawford .. one-time promotional plan rather than an annual promotion. Assemblymember Keene dekod for confirmation that the money had already been spent and turps given out. (affirmation) fie stated that he had a problem with being asked to vote on something that has already been done. lie voiced a question about what happens if tho resolutionots defeated -- are the turps returned used? does the money come back. Ha inquired as to whether there wore any advertising display on the tarps which promoted there purpose. He said that perhaps funds should be expended to educate the populace rogurdinQ littering rather than buying tarps -• so the people can get behind it. Assemblymember Nash expressed agreement with previous speakers that this should not be an annual program and inquired as to what will happen if the resolution is defeated. He had two questions for the administration. Mr. Nash, in speaking with the Public Works Department today, was advised per hisunderstanding that sometime around September 4 of this year the Borough would start selling the tarps at each landfill location. Mr. Nash asked confirmation that this was indeed going to be done. Mayor Stan Thompson stated that while this had been discussed this was not being done to his knowledge. At this time there has been no funding for this and it would have to come through a budgetary process. He confirmed that the administration had gone ahead and boa ht the tarps as a promotional item. He stated that the administration and certain assembly people got the idea at about the same time •• clean-up time. The administration went ahead and took some money from the landfill operation budget to fund the program. He expressed the opinion that he was not sure that it would be a good I dea to have tarps availablo at cost at the landfills. He felt that could be an Assembly decision or an administration decision as long as there was no money lost on the tarpalins. Assemblymember Nash further explained that the information he had obtained was arrived at by his secretary. She had called the Public Works Department and inquired about getting a tarp. She was advised she shouldn't worry about buying yet she should wait until the 4th of September because the Borough would be sellingthem at the landfills. The some contact in public Works identified that the previous tarps had been purchased at Pay'n Save in Anchorage. He then inquired that if this resolution goes through are we alwayqs going to buy them from somebody in Anchorage rather then local punc�ase. Mayor Stan Thompson advised that after checking all sources for purchase, this provider had the lowest possible price. Assemblymember Dale stated in answer to some of the questions that tarps had been purchased. He also reminded the Assembly that Mr. Bambard had been prosent at a meeting or two ago and displayed a post that accompanied the distribution of the tarps. He also quoted statistics which indicate that other communities usage of tarps has reduced litter as much as 97t and that litter blowing out uncovered loads going to the dump is the major component of littering. In regard to this being made an annual distribution: ASSEMBLYMEMBER DALE MOVED TO AMEND THE TITLE BY STRIKING "ANNUAL" L%D IN SECTION 1, LINE 1, STRIKE "ANNUALLY"; SECTION 2, LINE 3, STRIKE "BEGINNING in 198S." . 10 . XL.NAI PINISSULA BOROU61i ASSLMISL't RLI,ULAR MWA INU UI AUUU.:I :I, IV64 ASSEMBLYNIEMBER STEPHENS MOVED TO AMEND SECTION 1, LINE 1, STRIKE "FREE" AND ADD "SALE AT COST", IN ADDITION TO MR. DALE'S AMENDMENT. Assemblymember Sewall addressed the Stephens amendment, oxppressing concern that the Borough was goin to be in the long-term businoss of supplying tarps and if the Borougg was going to make an offer to hardware stores on the Peninsula to unload their stock. His feeling was that they would never be able to unload their stocks if the Borough was selling them in perpetuity. Assomblymember Dimmick posed a parliamentary protest of the incorporation of Mr. Dale's amendment into Mr. Stephens. Assemblymember Nash confirmed that it was not possible to do so. The amendments would stand as two (2) separhte entities. Assemblymember McGahan asked clarification that it was Mr. Stephens intention to amend and delete "annually" add "sale at cost". It was her observation that as the Borough would be purchasing these tarps somewhere that this wouldn't be "getting into the pocket of the merchant" if sold at cost. And, that it is making them more convenient for distribution at the dumps. Mr. Stephens confirmed that was his intention. Assemblymember Sewall reconfirmed that per Mr. Stephens correction that his amendment would strike annually from Section 1, line I. Assemblymember Walii asked clarification in that she thought the Assembly was addressing Res. 84-133 Subst. to make it an annual situation in conjunction with the May clean-up sponsored by the State. She felt that those who disagreed with anything more than annually, were dealing with 84.133, the original, which states that one time and one time only we are going to help and therefore there have already been 200 tarps distributed last May. She then posed the question whether the tarps have or have not been distributed. And, was this going to be done 1985 again and was this the reason that the Assembly was addressing the substitute motion? Assemblymember Dale pointed out that these tarps were not distributed in conjunction with the May eampaita clean-up campaign. It was decided that people who were clean ng up the litter some fifteen (IS) j comes fromrandethis was anmoutgrowth somethingabout where the litter Assemblymember Nash clarified that in response to the earlier parliamentarian question, if Mr. Stephen wants to for the purpose of his amendment, he can include anything from another amendment, but only for his amendment. If his amendment fails, then the question would go to the previous amendment. So, incorporation doesn't wipe out the previous amendment, but may ineoporate the text of the previous amendment in the new one. Assemblymember Stephens chose to restate the intention of his amendment is to read: �� Section 1. That the borough acquire for sale at cost (strike annually, tree)...-. Assemblymember Walli spoke in favor of the Stephens' amendment as clarified. Assemblymember Carey expressed the hope that the tarps would be bought locally and that if bought any place else this would be competition. Assemblymember Crawford asked the question, "Is this for last year's tarps or next year's tarps?" After subsequent discussion, he stated that as it appeared the Administration authorized the 1984 turps, he objected to this distribution of 1985 tarps until there could be a report on the impact of distribution of the 1984 tarps. 11 - FLNA1 1'1,,%1NSULA BOROUGH Ati:,ijklIsh'i Itl:Gl1L,1it 511;1:'[1`G U1 ,1U(,t1S'I :l 1984 ASSGMIILYMENBhR COAR 111101'o611D To MAXI: A cl(liSIPIARY NuT10% TIIAT Tllh ADPIIv15TItX110N HANDLI; THf; iil1Ul.l; PItu4)tAM, Assemblymomber Corr then stated that It was his bellof that a subsidiary motion takos procedont over currently entertained motions, Assemblymomber Mc(lahan quostloned this procedonco as sho had never been ablo to able to find this in the rulos, She asked that the parliamentarian clarify, Assemblymomber Nash, Parliamentarian, voiced the feeling that Mr. Corr's motion would in effect defeat all considered amendments, He asked Mr. Corr whether he was serious in wanting to do so, Assemblymomber Corr confirmed that he was serious about his motion. Per Mr, Corr, the administration had handled it before and why was the Assembly getting into it. Assemblymomber Dal o respondod to Mr. Corr's subsidiary motion. It was his opinion that the Assembly could decide this matter by voting on the matter. Assemblymembor HcGshan raised is point of order in that she was unw LIling to address a motion that she felt was an incorrect motion and couldn't be applied to the situation. She said that there would either have to be a ruling or Mr. Corr's motion would have to be voted on. President Jean announced that there would be a five-minute break while Mr, Nash doterminod Mrs. McGahan request for a ruling on the subsidiary motion, Mr. Nash inter rated the the subsidiary motion as being "out of order" for the foliowins reasons A subsidiary motion is procedural motion and there are seven (7) generally reed nited procedural motions •• layingon the table, previous quest on, limited debate, postpone defintely or to a time certain or to refer or to commit to asand, or to ppost one indofinitoly, Thus Mr, Corr's motion was not a subsidiary notion but a third amendment, not permitted by Assembly rules. VOTE WAS CALLED ON THE STEPHENS AMENDMENT, THE AMENDMENT FAILED ON A VOTE OF S YES, 30 NO; Weill, Nash, McGshan, Stephens and Skogstad voting Yes, VOTE WAS CALLED ON THE DALE AMENDMENT. THE AMENDMENT PASSED ON A VOTE OF 9 YES, 6 NO; Glick, Crawford, Carey, McGahan, Douglas and Stephens voting No. VOTE WAS CALLED BY PRES, JEAN ON RESOLUTION 84.133 SUBSTITUTE AMENDED. THE RESOLUTION FAILED ON A VOTE OF 1 YES, 8 NO; Wa111, Corr, .lean, Dale, Douglas, Skogstad and Dimsick voting Yes. (a) Ras 84-14Z Sb t "A Resolution Transferring Federal venue Mar ngg Funds from the Remodeling and Construction oY Borough Office Facilities ton Purchase of Data Processing Systems and Equip - Mont, Purchase of a Modular Building for Temporary Borough Offices; Xatehing Funds for Repldcement of Antenns; and to Purchase a Bucket Truck for the Maintenance Department" (Player) ASSEMBLYMbNE11BER GLICK MOVED FOR THE ADOPTION OF RES. 84-142 SBST, AND A5KF,D FOR UNANIMOIifi CONSENT. 11 - kL:,/\1 1'L:�I:,:,UL/\ l3ultuUt.11 .�:,.,L:dlll.i i�Lt.lJl..il� :ILl.il:,t, ul /\Illd,:/I :1. IUN•1 Assomblymomber Nash posed two questions for administration prior to voting on the resolution. First, in the third WIIEREAS, ",,,there is a need for funds to complete systems work and to provide for purchase of the main frame computer if {purchase is determined to be more economical than lousing." What duos this moan? Mr. Best replied as a third point in the leasing schedules, we analyze whether to purchase or louse. We are also in the process on the 5teoring committee of analyzing what equipment should he purchased down the line and what should be leased on a short-term basis. The time element will probably be determined sometime during this year so to whether purchase or lease. If it is decided not to purchase, that money would not be expended. If not spent, this is reappropriatod from revenue fund. Those are earmarked funds. Time is critical on those. You must have quite a bit of lead time on the purchases, Assemblymember Carey responded to the data on the replacement of the antennae (federal). He posed the question as to whether the new antennae would be tho Borough's or the federal governments? Mr. Bsst replied that it would still be the federal government's. The antennae is used in the civil defense/emergency system. RES. 84-142 SBST. WAS ADOPTED BY UNANIMOUS CONSENT. (b) Res. 84-143 "Providing for the Job Description ooT—Me Personnel Secretary to the Personnel Office" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 8.143 AND ASKED FOR UNANIMOUS CONSENT. Assemblymember Crawford objected and voiced the opinion that this should be part of the job description of the personnel director. ASSEMBLYMEMBER NASH MOVED TO AMEND RES-143 to POSTPONE TO FOLLOW THE HEARING ON RES. 84.96 ON SEPT. 4. ASSEMBLYMEMBER MC GAHM ASKED UNANIMOUS CONSENT ON MR NASH'S NOTION. RES. 84-143 WAS POSTONED UNTIL AFTER THE SEPTEMBER 4 HEARING BY UNANIMOUS CONSENT. (c) Res. 84.146 "Amending the Allocation of Municipal XW—ran—Munds Provided in Resolution 84-37 By Transferring $141,$43 from Myers/Strawberry, Lamplight and Halbouty Road Projects to Pool Avenue (Mayor) ASSENBMBLYNEMBER NC GAHAN MOVED ENACTMENT OF RES, 84.146 and ASKED UNANIMOUS CONSENT. ASSEMBLYMEMBER GLICK PROPOSED AN AMENDMENT CORRECTING DOLLAR FIGURES AS FOLLOWS: AMEND THE TITLE DELETING $141,543 ADDING $141,336; SECTION 1., LINE 1, DELETE $141,543 ADD $141 436, SECTION 1. LINE 7, DELETE $52,087 ADD $51 880 (Lamplight); SECTION L LINE 7, DELETE 199,003 ADD 199, 1t0 (Lampl ght Road); SECTION 1, Line 9 DELETE 274,780 ADD 274,673 (Pool Avenue) AND ASKED UNANIMOUS CONSENT ON ADOPTION. THE GLICK AMENDMENT WAS ,ADOPTED BY UNANIMOUS CONSENT, VOTE WAS CALLED FOR RES. 84.146 XIENDED AND WAS ADOPTED BY UNANIMOUS CONSENT. 13 I 9 v/ HnkuUGH AiS1,101.1 10:61I014 MLI:I I`.f, (i1_,UNAP-0 , l.j_. 1984 (d) Ito 84.147 "Approving tho Award of is iontract enatruction Co, for the Conattuctlon of Pool Avenue and of the Nlkisk! Pool Parking Lots" (Mayer) ASSENJILYMEMBCIt MC C,ARAN MOVIiD LNACTMCNT 01: RE8.84.147. Mrs. McGuhan spoko to the resolution and advised that tho bids were solicited to other and the projects would be done to other to cut coats. The Nifloki Service Area will be paying for all the work on the parking lot. RES. 84.147 WAS ADOPTED IIY UNANIMOUS CONS➢.NT. (e) Ites 84.148 "Authorizing a Contract for the Gonhruction Administration of Pool Avenue and of the Nikiski Pool Parking Lots in the Amount Estimated at $32,195 to McLane h Associates, Inc," (Mayor) ASSUIBLYMEMBER MC GAFIAN MOVED ENACTMENT OF RES. 84.148, Mrs, McGahan spvko to the resolution and advised that the service uses board would be picking up the cost of the parking lot. RES. 84.148 WAS ADOPTED BY UNANIMOUS CONSENT. (f) Res. 84.140 "Approving the Award of a Contract o r ste Enterprises for the Construction of Ridgeway Fire Service District's Mackey Lake Fire Substation" (Mayor) ASSEMBLY1fEMBER DIMMICK MOVED THE ADOPTION OF RES, 84.149 AND ASKED UNANIMOUS CONSENT, Mr. Lounsberry, Chairman of the Ridgeway Fire Service District Area, reported the outcome of the bids on the project awarded today, 8. 1.84, The base bid was reported at 1761231; the first alternate $9,032; the second alternate J4,725 and the total bid was $180 995.00 Mr. Lounsbessq said that members of the Ridgeway Fire Service 11oard were comfortable with this figure, Ito also stated that with the substation, communication equipment for the civil defense of the Ridgeway area, will be installed and a step-by-step procedure done through the substation for the fire equipment to be housed, RES. 84.140 WAS ADOPTED BY UNAHIMOUd CONSENT. (g) Re 4. 5 "A Resolution Transferring Federal enue anaring Funds from the Remodeling and Construction of borough Office Facilities to; Acquisition of the Soldovia Solid Naste Facility" (Mayor) ASSENBLYMENBER ST➢,PHENS MOVED THE ADOPTION OF RES, 84.151. Assenbiynenber Crawford advised that he would abstain from voting on this notion and provided a brief explanationThe problem arose for him through a negotiation between the Seldovis Native Association and the Borough Administration. Crawford, being an offices of the native corporation, asked for abstention. Assemblynember McGahan made reference to asoenbiymembers receipt of a letter from the Mayor of Seidovia objecting to the resolution, She asked that the resolution be voted down and see if the administration can come up with another resolution, Asaemblymember Carey advised that the Finance Committee in the ufternoon's meeting unanimously voted to defeat this resolution 14 n1.:.A1 I'Lol:.bUI.A 001(01A,11 MIJA l:.l, ul AIIi,UA , I , I ,h4 bocauso they felt the munvy could be aoont bettor and askod that to be considered. Assemblymombor Glick referred to the Finance Committee meeting, advising that it was discussed at length and that there in another entrance that can be utilized by the people for access into the solid wants facility. She stated that it appearod to be a difference between the Borough administration and tho native association and that hopefully both could send roprosentatives to work this out, She encouraged members to vote, down this particular resolution, VOTE WAS CALLED FOR ON RES, 84.151. RES. 84.151 WAS DFFEATED ON A VOTE OF 1 YES, 14 NO AND 1 ABSTAINING; Crawford abstaining. Assemblymomber Walli voiced the impression that there was also a Res. 84.151 for consideration. Pros. Jean advised that it had not been requested that it be added to the agenda nor wao it on the agenda under consideration. Mr. Barton advised that the Finance Dept. had been working to have an audit completed at the Homer Hospital and had been runninf into problems in gettin admission for borough auditors. Mr. Herring, administrator, adv sod reluctance in letting them come in last week. However after conversation with Mr. Herring this evening, Mr. Barton was advised that it would be worked out tomorrow for an agreement on a time when they (auditors) could come In. Assemblymember McGshan raised a point of order in that this was not on a enda item, discussion was inappropriate. Those with questions should raise them with Mr. Barton outside of this discussion. Pre&. Jean confirmed that this was indeed true. L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted; not for action this meeting) (a) Ord. 84.62 "Authorizing the Receipt of a Grant from the State of Alaska Totalling $177 326 Had* by Chapter 24, Session Laws of Alaska 1684, and Appropriating Those Funds to the L.S.R.T. Contin- gency Account" (Mayor) HSAR 0/4 (b) Ord. 84-63 "Establishing the Position of Personnel Secretary in the Personnel Department for the Purpose of Providing Secretarial and Administra- tive Support for the Personnel Officer Nocessits- ted by the Separation of Duties Between the Offices of Officer of Emergency Man& ement and Personnel Officer (Resolution 84.96)" (Mayor) HEAR 914 (c) Ord. 84.64 "Amend the Land Use Plan and Rizono 11 Areas within the City of Seward" (Mayor) HEAR 9/4 (d) Ord. 84.65 "Ascend the Land Use Plan and Rezone the Mooring By the River Subdivision, City of Soldotna" (Mayor) HEAR 914 (e) Ord. 84.06 "Amend the Land Use Plan for Tract F-1 Lots 6.10 Block 1 and Lots 1.5 Bieck 1, Sprucowood Glen Subdivision No. 1, City of Kenai" HEAR 9/4 (f) Ord. 84-67 "Amend the Land Use Plan and Rezone Lot 6 Block 3, Loren Lake Subdivision Part 1, Soldotna" (Mayor) HEAR 9/4 is a r� 1 /' IN v. Pl.,%[,.Sul,,% BOROUGH A55LM111,1 RL•GULAR 'dl;l:TI`c ui AUGUs"i 'I, 1984 (g) Ord. 84.08 "Amend the Land Use Plan for Guts I and 2, Wulkowski•Deland Subdivision, City of Kenai" (Mayor) HEAR 9/4 (I1) Ord. 84.50 "Amending KPR 21.12 Pertaining to Noxious, 1 urious and Hazardous Uses of Land to Include Prohibitions on Use for Disposal of Hazardous Wastes" (Nash) HEAR SEPT. 4 (i) Ord. 84.1 "Amending KPA 16,24.080 Pertaining to Powers and Duties of the South Kenai Peninsula Hospital Service Area Board" (MeGahan/Dal e/Stephens Dimmick/.Jean/Douglas/!Valli/Glick) HEAR SEPT. 18 (�) Res. 84.128 "Providing for a Ballot Proposition to ' Acquire Non•Areawide Fire and Emer oncy Medical Service Powers" (Dimmick) REP Pub firs Cmt•. 9/18 (k) Ord, 84.43 "An Ordinance Establishing the Kaliforn• sky Fire Service Area to Provide Fire Protection Services and Providing for an Elected Board" (Mayor) (Postponed to November 6) M. FORMAL PRESENTATIONS WITH PRIOR NOTICE (a) William Bixby; An Environmental Issue Cancelled per request. l (b) Duane Udland, Chief, Soldotna Police Dept.; Oil Program i Chief Udland stated his purpose of presentation was to generate interest in the 911 Program and to answer questions from j assemblymembers. He stated that 911 1s an effective communications network that aids law enforcement, fire, medical services, and rescue services by siding people in contacting those services. He advised j that the program works quite well. The present situation in the borough is such that Seward has there own Oil system, supplied by the city of Seward. They are also providing, without cost to borough taxpayers providing service outside the city. As they are using only one telephone •xchan • there cost is minimal. Homer also has one exehan a and is providing service outside the city of Homer. The central peninsula is covered by the 911 Board. There are some areas not covered within the peninsula by 9I1 at this time •- Crown Point, moos• Pass, Seldovis, Tyonek and part of Hope or the Hope area. The bottom line is that on the central peninsula is that the board was forded by legislative authority, With some assistance from Hugh Malone a grant was obtained and the borough has been administ•rinQ this grant. Honey has been used to purchase equipment and operation. He indicated that the grant money is running out. Chief Udland advised that he was here to advise the assembly that there was ping to have to be a way to come up with some money in order to continue Oil services, Some options offered were user fees or provision of tho services borough -wide, which is being investigated. The most Appealing measure to the OIL board is to try to go borough wide in provision of services. The board has been advised by the attorneys that there would have to be a veto by the people borough -wide, which wIll probably occur In the near future, Assemblymomber Douglas asked Chief Udland whether that proposition would be submitted as special election or would the resolution wait until the next borough election In 1985. Chief Udland advised that they would need a special election, due to _ the fact that although more state funds were anticipated they will not be forthcoming. The 911 Board will run out of funds prior to the next • 16 -J hL• 4i i'L' i.�ULA bulit) UWI •ti,oL;•II$I,i J0A,Li,,0( AIJ,II..0 Il .IUuU.)I :I, 1.J81 borough election. Assemblymember McGuhan asked Chief Udldnd if he anticipated thist if this were to be go on the ballot as a borou h-wido power that the mill rate would be included in the borough mill rate and what he anticipated as that rate? Chief Udland responded said that he couldn't advise that figure. The current cost of 911 a propriation is $1501000. Homer and Seward's costs would be loss than the central, figures would be provided in the next few weeks about such figures. Assemblymembor McGahan questioned whether that lncororatlon borou h-wide would mean that the borough would have to take over exist ng city systems. (posed to attorneys for subsequent advisory). Pros. ,lean posed a question to the attorney, "Under what authority would the assembly be asking the voters to approve this .- would it be a general authority or a specific authority just for provision of this service?" and, "If in fact, we have an office of emergency management couldn't something� like that come under that office -- what would be different about dill authority?" Atty. Reeves advised that the borough has non-areswide authority by statute. In order to acquire borou h-wide power, there would have to be a vote throughout the borough. Votes would be counted separately in the cities -- basically, the cities would be voting to give up their individual power. People outside the cities would be voting to acquire the power. Pre*. Jean then reiterated to Atty, Reeves that this isn't the formation of a new power but the expansion of an existing power and would come under the office emergency management. Atty Reeves declined that idea and referred to Mayor Thompson for his input. Mayor Thompson advised that it could come under the office of emergency management, but that was dependent upon how it was set up at that time. Mayor Thompson reviewed the options -- setting up the service borough wide tax system. The other, user fees for each service area paying an equivalent amount, perhaps that would be advantageous in that they Teally need ies* dispatchers than they would otherwise have to have, so in a sense they wouldn't lose so much. Y. MAYOR'S REPORT (a) Census Report Mayor Thompson advised that the special census program was on schedule and that all 83 persons needed to implement have been employed from almost 400 applicants. Training commenced 8-11 for the office supervisors crew leaders with training for enumerators starting next week. Census offices have been set up in Homer, Soldotna, Kenai and Seward. Enumeration work with be completed by the end of .September with all follow-up work over by mid -October. A number of the personnel are experienced having worked in the 1981 Genus. (b) Status of School Construction (e) warehouse Construction Problems Mayas Thompson advised that there has been a hold-up in School District warehouse Construction. The supplier of the scaled joists went bankrupt and consequently the contractor had to go to a new supplier and there will be about a two -month hold-up on completion of the project as approximated at this time. 17 -- - ,«.. a KLNAI PI-NINSUI,A I MR00(ifI AS,)I"•IIfI.Y It I.GULAIt ?U.L'I INN, I11 .iW,UST 'I. 1'J84 fd) Trip to Seward Mayor Thompson advised that Ile went with Mr, Skogstad and Mr. Arness to Seward to look over the development there, They looked at the trestle to accomodate la.,ding of the coal shipments. General NIggr. Bill Knowles was there to explain the process. They also looked at the loading{ ramps in the area for the now barge operation, the now rail dock facilities, Bill Coghill, the railroad manager asst. was there to help in explanation. They saw the site of the new small bout harbor planned in the Nash -Road area and saw the ship lift fucilties being completed in the now marine industrial park and from a distance the now prison facility site. Mayor Thompson stated that he did want to complement Seward. !le felt they were really pulling themselves up by their own bootstraps and doing a tromendouo job and that he was very impressed with their industrial improvement. Mayor Thompson then spoke to an issue which had come up previously regarding ettiny a portion of Diana Lane made public. The lands through which this road right-of-way crosses lust recently reverted back to the United States as public land. The Bureau of Land Mans ement (BLM) has interim management authority pending disposition of t e lands so, In February 1984 an application was made to them by the KPB making request for a right-of-way grant for the existing travelway. On AuOust 15, the KPB received word from the BLM that a right-of-way had been granted. This is in response to an earlier resolution of July 25 requesting the mayor to took right-of-way easement for that property. Assemblymember Sewall asked the Mayor when he anticipated the first data to be available on the census •- would the and of October be too optomistiet Mayor Thompson stated that would be close, Mr. Sewall stated that the Seward Hospital would be drawing up a five-year plan and completion of information for their certificate of need and would appreieate the information as soon as possible. 0. OTHER BUSINESS P. ASSEMBLY AND MAYOR'S COMMENTS Assemblym xber Dimmick commented 1) all the "tempest. in a teapot" oing on over the South Peninsula Hospital since that judge's decision as too often from this end of the borough made the South Peninsula Hospital look bad and that the felt this was a disservice to board members there. She expressed the opinion that maybe this was a $0/50 thing and that it would be worked out. 2) Mrs, Dimmick noted that there are two cities asking the borough to do something about the fireworks problem •- Seward and Kenai. After five or six years of !I trying to do work on this problem perhaps the borough will have to look at some method of limiting tic operation of sales or someway to i monitor the way they are set off or when they are set off, I Assemblymember Skogstad commented on Mr. Corey's ordinance regarding an extra meeting per month, and asked that asseablymembers consider starting meetings earlier as opposed to on extra meeting, �I --.— Assemblymember Stephens apologized for missing the last assembly meeting and to report on the Rural Road Developnent Committee meeting of August 1, 1984, This meeting was their first organizational meeting and Mr, Fran Moore was elected president of the group. lie asked for input that anyone might have for the group. Assemblymember Douglas acknowledged receipt of a letter from Homer residents regarding public vs, private schools. /' r.l �A! iWimlA , A ,1 .i_ I_,_ 1_ J Assemblymember Dole called the assembly's attontion to minutes of the Nikiski ilru Dept. dnd an incident in which a 13-your -)ld saved the life of is five year old by dousing flumos resulting from contact with a bottle rocket. lie advised that he too would be willing to work with anyone interested in writing an ordinance regarding the uncontrolled use of fireworks in the borough. Assemblymember Glick also spoke to the fireworks issue. She spoke of past legislation on outright bans and ordinances on controlled use. She also spoke of the 911 program and information she had received from citizens of the usefulness of the program. Assemblymember Walli again spoke of the South Peninsula liospital memo and her earlier question as to why it was not on the agenda. She said that prior to the meeting she had been advised that it would be on the Agenda and when it was not, felt that it should have been explained to her. She voiced her experience as that neither Mr. Herring nor any of the board were trying to hide anything. She too acknowledged the Nikiski report and commended the boy saving the younger boy's life. Assemblymember Crawford also thanked the Nikiski Fire Dept, for their report. Assemblymember Carey encouraged members to read the YACo report included in the packet. He stated that one of the reasons that so many people were sent to the NACo convention was to see if members should attend these conventions and whether the boron h should be a member. its stated that he felt that the borough shoo d be a member and encouraged members to read the report. He next referred to the Education Committee report and the information that 50.701 were hired from within the state, it seemed to him that it was closer to Sol locally. He inquired whether the Education Committee could find out if you had a better chance of being hired in this district with an out of state address. He asked again that this area be investigated. He also thanked the borough attorney for writing the ordinance regarding an extra meeting. He then asked the attorney to write an ordinance stating that the borough would not renew the Sterling Special Waste Site permit when it comes up for renewal. Assemblymember Keene addressed Hr. Carey stating that the Education Committee was continuing to try to obtain informmtion about local hire and getting some answers. Assemblymember Sewall advised that he and Mr. Skogstad have been addressing the fireworks issue in response to the tremendous constituent pressure. He said they had looked at a district wide ban from Anchorage south. He is not in favor of a partial ban. Assemblymember NcGshan advised that she had a few items including 1) desire for page numbers on the agenda, 2) she suggested that when the recreational use subcommittee of the Kenai River Committee got the Information back from planning, that a work session be planned perhaps with the whole assembly because it is such a complicated issue, 3) she also requested that the attorney draft a resolution for her regarding A moratorium on the fishing loan program for the state for the commercial fishermen and also the processors in Cook Inlet -- due to the disaster of this year's fishing season, 4) she also asked that the Education Committee look into the requirements of the G.E.D. program and believed that the borough would have some input as an assemblymember sits on the community college board. She stated that she had some constituent complaints and that from what she understands, she is amazed how easy it la to obtain A G.E.D. diploma. And, that being the case, if all an individual was looking for was a diploma why they would go on through high school. She was also under the impression that one had to be eighteen in order to obtain a C.E.A. and S) her last comment was on reapportionment. She stated that the reapportionment case was due to go to trial next Thursday, Aug. 23, 1984. The judge subsequently postponed the case until after the . 19 . rm hL..11 PL:, I NSULA POROU(111 .155l.}Ilsl.I RL60LAR ) LE I V-C uh AI160S1 21 , 11094 N,;vember elections. She voiced surprise abt.ut this date not specific. Assemblymember ;lash requested that Assemblymember Jean contact President Arness and request that he sit on a sales tax committee meeting for the near future. He expressed concern that while there had been a great deal of work completed already, that some members of the municipalities would no 1•,nger be members in the very near future. He hoped that there could be a meeting so that this work would not be is loss. Assemblymember Stephens announced that there would be a public hearing on Sports lake Road in the Assembly Room on August .3, 1984 at 7 p.m. Assemblymember Sewall wanted to take notice of the letter in the packet commending Mr. McCloud for his work. President Jean thanked Chief Willis and the Nikiski Fire Service Area board of directors for packets of information. Also, in her subdivision •• Coal Crook Estates -- in Kasilof, all street si ns say Kasifol. Although she had inquired earlier, she wasn't sure wgom she should contact to get this taken care of. Mr. Best advised Mr. Haviland was aware of the problem and is in the process of taking care of the problem -- ordering new signs, etc. s. Jean also requested that committee chairs pick a time which the committees would regularly be meeting and to advise the Clerk's Office. Mayor Thompson commented upon a couple questions Mrs. McGshan had in regard to Papet numbers -• yes, the pa a numbers will hopefully be on the next packet •- if not that one, to next. Also, it had been implied that this was going to be the first audit on the South Peninsula Hospital however, the borough had done the audit for them last year as well in addition to their own. in reference to Mrs. McGehan's request for a moratorium on fishing loans, Mayor Thompson had sent a letter to the Governor requesting that; although he hadn't included the canneries, that could be added. Mayor Thompson had talked to the Governor a few days ago about the moratorium and didn't receive a particularly favorable response to the idea. He suggested that if the assembly feels its a good idea they should follow up. He also stated that there had been an unfortunate accident at the Homer High School today -- a man fell off scpffolding and was dead. There was a question that perhaps he had had a heart attack. Assemblymember Skogstad addressed a question by Mr. Carey regarding the school's hiring practices. He indicated that Mr. Sandshl had gone over these practices quite thoroughly. He suggested that Mr. Carey and he get together and go over the report in more depth. Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA Mr. Steve Richards addressed employment practices -- not only for the school district, but the borough in general. In speaking with Clancy Johnson, Mr. Richards was advised that the borough doesn t have a fair standards act in jobs so therefore veterans don't have any preference. In 1981, in running the vets center in Wasilla, Mr. Richards helped pass ordinances to make this part of the Matsu Boroufh ordinances. He also advised that the V.S. Government has a veterans job training program which gives the agency up to $10,000 to hire and train the veteran. He brought a number of applications for distribution to the members. R. INFORMATIONAL MATERIALS AND REPORTS (a) Report of NACo Convention; Dave Corey (b) Notice of lfastewater Disposal Regs; DEC 20 _ - �il�iiffiif 1 � 0 /f UNA1 YL`I`SULA du (Mill AbbL.MBLt ALUULAR AtW IN(, UI AUGUS7 11, 1984 S. NOTICE OF NEXT MEETING AND ADJOURYME.MT Pre$. Jean stated the next regular meeting will be on September 4, 1984 at 7:30 p.m, and this meeting adjourned at approximately 11:35 p.m. Date p oved ust 21 1984 ATT TT: 7b)President Josephrness dow c ng 11orotigh Cork .21 i 1 1 i %� 11 Al gsiuil community 2d w t y A PUNLIG WUAA11V IN 0914VIGA OINGL 1949 SOX 107 KENAI, ALASKA 00611 REPORT FOR THE 14OUTH OF AUOU€3T, 1984 Circulation Adult Juvenile Easy Books Fiction 174o 762 1345 Hon -Fiction 1566 199 295 Total Book Circulation..5907 Films, Phonodiaes, Pamphlets, Periodicals..417 Total Circulation 6324 Additions Adult Juvenile Easy Booke Total Gifts 90 — 2 92 Purchases 14A 15 3 158 Total Additions 250 Remedial and Re -worked Bookn Adult Juvenile Easy Sooka AV Total % 8 8 1 73 Interlibrary Loans Ordered Received Returned Books 17 23 7 AV 35 19 16 Interlibrary Loans by our Library.. 69 Volunteers Humber 39 Total hours 658 Income Fines and Cale Books 503.71 Lost or Damaged Hooks 88.40 Xerox 237.50 Donations 6.60 Total Income for Augunt, 1984... $836.2-1 Y xenal dolfuluenif y .rittaty A PUBLIC LIBRARY IN 49RVIC9 BINCL /940 Box 157 KENAI, AL ASKA 99611 Library Cardo Ianuod.. Auguot, 1984 Kenai 157 Clam Gulch 3 Kaaiiot 7 sikiahm 12 Soldotna 42 Sterling 2 23 Library Patronage.... Auguat 10,763 geroono July 7,889 V t i i 1 / 1 i i I f i ' i i , I 1 1 19 a - o- XVIA1 1'111It,'Al1.A O(rP1111141 A1,614AR A',WJW1,( 4U•I,IIb,, ^IiPTEM1ILR is Will 7130 PIN, 11014P,R HIGH 0r11601,, 71:AM TJ:ACIIING ROOM �6'► 4� :r �,� MOMI,R, At•AOKA Le7,�►% AGE N0A s School Construction status Report of 7,16 p,tl,s A, CALL '10 0901,9 Assenhty It, PLPOGP OF ALLLGIANCE Glick G. IUWATIOW Rev, Ray Arno, Alaska bible Institute will II Corr 0, ROLL CALL Crav[ord Carey Neeno P, VACANCY, OL(J1GNATIOls 02 SEATJNP, Of AULMOLYMI.MHI:R squall 1 F, APPROVAL OF MIJIUTPS of; sAug,tsssh ept, 4 r, Addndm, to Au 1t n trash G, COMMITTEE REPORTS Afoot# Jean ((a) Ilna»ee (Crewford, Carey, Cott, Dinmick, Glisk)Oale (h) Public Affalrs (;;*wall, MCG411d11, ;tvphons, houSlws Ovulsl,►s, D410) Uophons (0 Education (Keene, M1011i, W►gsted, tJuht►)) 5kosocrd td) t.eglalrrtivv (01mmick, Arnvss, Jean, t(aoi►, ItivAllek Crawford, Svwal/, rvene, (;IiCF) ' (0) Konal River (Pale, Corr, OJmmiek, Glick, .talon, McG4han) (1) tales Tax (Amass, 1Jash, C,,rey, Sktiratad, N41/i) H. AGt;i10A APPROVAL AJJO CONUNT AGLIIDA t, AkOlt(AtJCE JIPARIt(GS (a) 1) 54.1 "Amending XPR 16,24,ong Psrtelning to Jjowers and putlos of the soush Kenai Peninsula Itespltal Service Ar*4 hoard" (NCCohrn/Ilrlu/lstoph�ns Ol�nnllck/Jean/Douglas/Nall!/Glick) A4 AtIVI0L0 (n) O� , 84. 0 Amendedt „Amendlnq KPR 21,11 pnrr4(n• inRo ,ox ub,"l�nrioua and 114w smrd�,s oavv 0 band t" Include Prallil,itivna un Ilrsv loot pi -p,aal ur hoot orduus 'Al0te0" Olash) 1`5711 O, 11/4 (c) ( rd s4, 1'hst, (and Amondad) "Awondin y, APIs 1,14 " ruv v 4 wre ""list lc end [,,lult's Is, bend )Sale Credit for blsabled Amorie4n Votvrano" )Nash) (Re[, to Task Force Case,) Id) 2rd, 31•b9 "Attending KDi t,os,o10 to I'rov(dv [or 4 1►►irT717nthly Regular Noticing of the Oorsough Assv4bJy" (Caroy) f- w J, INTRODUCTION Of ORI►INANCEB (a) 0 d 44.7 "Amending APB 4,06,0$0 to Reference a6 4� eta Statutef Regarding Sale of Intoxi- cating beverages During Eleetior►s" (Mayor) AC710 1 TO AI:T FOR HLARiNG INCOMPLETE (h) Ord A4.71 "Amending the Land life Plan Map for Lawton Acras 130divislon from Medium ` bonfity Rasidvntial to Consarvatloo, City of yonai" (Mayor) K, C01451 sRATION OF RLUKUTI0115 (a) Ra $4.14 "Granting All Borough Interest in trim n wood# By Quitclaim deeds to the State of Alaska" (Mayor) lb)Rogg 44,jaS "Adopting to Policy of Protesting Liµuor ctnat pplications By Applicants Pound to Be n Violation or Ilorough Salts Tax and Personal Property 1aa ordinancve and Regulations" (Mayor) (e) Rns 84.1 "Requesting the United :hates coverns►ent t` i �,ri►nt oat ell Retry Status to the City of Seward, Alaska" (Mayor) (d) 9*0, 8 In "Reµuesting the Governor to Impose a One o- r- ►ra orium on Rvpaynont of Strtt Loans to the 0)oi Inlet Area pisl►ing Industry" (Mecalean) (e) Ras 6 "Authorizing a Contract with Ted porsi en ssoc acts, Inc,, for Preliminary Survey Work on Brown's Lake Road In the Aswunt of f8,890" (Mayor) (f)Reg, 8 "Authorizing the Negotiation of Terms ��r t e reenter of the Hosier Ilighwe Maintenance prcility to the City of Mosley" (Jtsn) L, PENDING LEGIOLATION (This ittss lists legislation which will be addressed at ►s later tins of noted, not for action this wetting) (r) Res, 84•JIS "Providintt for a #allot Proposition to Acquire Non•Arerwldt lire and Emergency Medical Service Powers" (Uimnlek) REP Pub Afro Cartes 104 (b) on4,Wihr7High 6ehoolo�o(Mcdahon) Postponedo11µ6.84 (c) Ord, 84.43 "M Ordinunce Eotablishing tlw Kallfom- sky 111ru ffurvicu Area to Providkr Piro Prott-ction Survices and Providing for an illuctod iloard" (14ayor) (Postponed to Novan'bur 6) M, WRIM PIOWWIATIONS WITH PRIOR Wl'ItZ N. MAYOR, S REPORT (u) Pvroclasure Salu Rupert (b) Statuf of Consus (c) Punding of the Office of Emorguncy Management 0. OUR BUIS11 iS (a) Walvor of Texas and Powity for Robs, Harris (b) Approval of Election ffoardn fur IN►nrogh RIvctuo:- P, A3WIDLY Atli) MAYOR'S LO4 VITS Q, PUBLIC OWIINS NIU I'L'BLI:' PRi»SPWATIONS UPON MA1TUW t9ft 001ITAIIBd) III THE ASSEWLY'S AOINVA R. I1110RMA7IONAL MATERIALS AND RL IOUTS (a) Vucato Portion of R!!lv "l Otto l.uw, KacluMi4 144„ f1r,, 6, :intwn li, T6:1, w7m, :i,M, (b) Vaootu Cray St, and portidei of 1)►glsonv Ave,, UucW►ill NW, Plat 076.64 (e) Report on t(ACo Annual Cunfvrunce, Betty Glick S. ?Of ICE OF NEXT 1>EI:?ING AV AWCUKAW (Oct. 9, 1084) �J { w r � 1� Oki I / W & ENGINEERS INC. A. Box A090 18 S, Blnkl�e�yy�����SuW�146 P�RA8R61t018NAIsp1t0i, 80LQOTNA, ALASKA September 11, 1984 City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Re: Progress Billing - August 6 through August 31, 1984 Job N8047 Engineering Design Services South Highbush, Bumblebee, East Aliok, Swires 8 Highbush Roads Professional Services: Senior Engineer: 10.5 hours @ $75.00/hr. $787,50 Draftsman: 126 hours @ $35,00/hr 4,410.00 i 2-man Survey Crew: 2.5 hours @ $95,00/hr. 237,50 3-man Survey Crew: 82.5 hours 9 $125.00/hr. 10,312.50 Party Chief: 2 hours A S45,00/hr. 90,00 Clerical: 1.5 hours @ $35.00/hr, 52,50 TOTAL $15,090,00 AWHORAGE MM 34MI q����y �,,NWO �► 4 ;ir !y t!SdA! ------------ SOLOOTNA OM 2624M WASILLA 0M 37613M A1049softh. b�.y & ENGINEERS INC. 189 . Binkle Suite 0P. 0. Box 4090 PAtts<WOOOcRRORIii5Bi0111M.41 SOLOOTNA, ALMA September 11, 1984 Mr, Keith Cornelis Director of Public Works City of Kenai 210 F i da 1 go Avenue Kenai, AK 99611 Re: Progress Billing - August 6 through August 31, 1984 Job #8047 Engineering Design Services South Mighbush, Bumblebee, East Allak, Swires G Nighbush Roads Dear Keith, We are transmitting herewith our Progreso Billing for the street project noted above. We estimate that as of August 31, 1984, the project is sleety -twee percent (62%) complete. If you have any questions or wish to discuss any point, please contact me. Yours truly, S S ENGINEERS, INC, A n Jones, P.E, Manager Kenai Peninsula Office ANDIGRAGE SOLWTNA (� 2«98661 (901) 2B�9S34 V/ASiLLA on 3761wo 1 i � 9 r w : !f CITY OF KENAI FOR COUNCIL 1NVOMATION Trano ora of rundo under $1,000 under,KMC 7.25.020 (a) , Datu Do artment Amount From To Ex ►11 anut ion f1-3-04 P & 7. $600.00 Mnch/Equ11) Sm. bolo To purchann additional nt.orage h diaplay cab lnal for maps, hooka, etc. 9-10-84 Terminal 200.00 contingency Mine. Recording fawn 9-13-04 terminal 200.00 Advurttniny Mine. Additional funds for recording faun. 7 TF KENAI BEAUTIFICATION COMMITTEE September 11. 1984 Kenai City Hall Tim Wisniewski, Chairman 1. ROLL CALL Presents Wisniewski, Hultberg, Miller, Nelson, Saling, Sheldon Absents Nugent - Unable to make lunchtime meetings 2. AGENDA APPROVAL Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD Norte 4. APPROVAL OF MINUTES of August 28, 1984 Change date from December 17th to September 17th Minutes approved with'correction i. OLD BUSINESS a. Christmas Decorations Air-Tek has indicated that they will put the brackets up on the light poles, donating the truck to do the installation, the man hours to be figured at 2 hours per pole, $34,00 per hours the transformers 4 100 watts at $20.00, a ballpark figure being $100 per pole, 40 poles. It had been mentioned that the City would pick up the cost of the lighting to the decorations. Keith Kornelis stepped into the meeting and stated that the City Manager would have to be contacted and perhaps the Council since it would entail appropriating funds. Committee Member Hultberg asked if Air-Tek maintains a crew during the winter, Mr. Kornelis answered that they do. The other concern is attaching and removing the decorations, Mr. Kornelis stated that if they are too high, there is no equipment that would reach very high and that the high jobs are contracted out, and suggested that the decorations be placed high enough to avoid vandalises, and that possibly what the crews could do is stand in the bucket of a loader to attach thee: if they were around 10' to 121. Mr. Kornelis explained that what Air-Tek would probably do is to find the location of the wires, drill a hale and splice the box into the wiring that will allow the decorations to be plugged in and a transformer. Keith noted the maintenance on the decorations, changing bulbs, etc. /` BEAUTIFICATION COMMITTEE September 11, 1984 Page 2 The salesman had indicated that the decorations would be suitable for high wind and extreme cold conditions with maintenance at a minimum. The next problem is the budget and money available. At the time the budget was done, the cost of hookup, etc., was unknown. The best way to go right now, would be to go with fewer decorations but set up the poles so that decorations could be added each year and concentrate on doing the poles without providing for buildings as earlier considered. Locations would be along the Spur, Willow, and the airport. MOTIONS Committee Member Nelson moved to request the money for the necessary electrical work for 30 poles, and the decorations as followss 15 8' vertical trees, lighted; 15 9' bell, lighted; 1 4' wreath at $268, lighted; 1 12' "Spiral Fantasy Tree" at $959.25 for Airport; pole trim at $25. per pole for 30 poles, the brackets for the poles be shipped immediately; Total Approximately $8,872, freight not included, the figures based on the 20 unit cost, seconded by Committee Member Soling. It was noted that should costs exceed the amount figured, it will be left to the discretion of Chairman Wisniewski to cut the list without contacting the rest of the Committee. This list is subject to confirmation from Valley Decorating as to availability and freight costs. VOTES Motion carried unanimously. MOTIONs Committee Member Hultberg moved to request a special appropriation for an additional $4,000 (approximately $100 each pole) to install power to 40 light poles, the work to be done by Air-Tek as stated above, seconded by Committee Member Miller. VOTES Motion carried unanimously. MOTIONS Committee Member Nelson moved to request 10 additional brackets for the light poles, seconded by Committee Member Sheldon VOTES Motion carried unanimously. b. Certificates of Appreciation The Committee discussed the letters of appreciation and request they be sent soon. a „'1_., ._._r, 1--... BEAUTIFICATION COMMITTEE September 11, 1984 Page 3 c. Planter Boxes The Committee noted that, while the flowers are still out and the weather is still nice, they do need watering or they will die before long. The crews are all gone but it should be noted that next year one person should be retained on the crew to work beyond the beginning of school, even if its only after school for a couple hours, it would help. It had been suggested that the head of the beautification crew come to the Committee meetings so that person would know the needs of the Committee, but that person never appeared. It was noted that the planter boxes will probably need staining in the spring before being placed out, after being stored through the winter. Again, since Kayo is so busy during the summers, the idea of one person involved with the Committee would be a good idea. d. Transplanting Trees There will be a discussion with Council and Planning b Zoning Wednesday evening about transplanting the larger trees. Committee discussed placement and type of tree. 6. NEW BUSINESS The Committee discussed the need for additional members, several members who do not wish to resign, but for various reasons cannot attend on a regular basis. The Committee agreed to request Mayor Wagoner appoint 2 additional members to the Committee. 7. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 6. COMMITTEE C01414ENTS 6 QUESTIONS None 9. ADJOURNMENT There being no further business, the meeting was adjourned. The next meeting will be in 2 weeks, Tuesday, September 25th. Janet Loper Secretary J ILAfco SeptcoVer 12, 1984 Janet Whelan, City Clerk City of Kenai 210 Fidalgo Kenai,AK 9961140th j Re: Kenai Peninsula Borough Coastal Management Program Dear Ms. Whelan, The Kenai Peninsula Borough is currently developing a now Coastal Management Program. Public meetings to discuss this program are to be held through -out the borough. All residents and other interested persons are invited to come hear about the program and express their opinions to those who will prepare the initial draft. Meetings will be held in the following locations: Kenai City Hall Council Chamber, 210 Fidalgo; Monday, Sept. 17, 7:30 PM Homer City Council Chamber, 3670 Lake Street; Wednesday, Sept. 190 7:30 PM Seldovia City Council Chamber; Thursday, September. 20, 7:30 PM Soldotna Borough Hall Assembly Chamber; Tuesday, Sept. 25, 7:30 PM Seward City Hall Council Chambers; Wednesday, Sept. 26, 7:30 PM Hope Social Hall; Thursday, Sept. 27, 7:30 PM Please make this information available to anyone who you feel might be interested. Your assistance is much appreciated. Sincerely �s. Douglas D. Terhune s7'11 % i, r.P,r ;1" % °../.r•, rr';r•,1. 217 671FOrPubs i- I NF-0 N ' Q , A • L CONMULTINM PNr.11Nm3%3 a V V I I I. Ve I IV IS011 LN TISSOCIaWS OTFIUGTUMI. i CIvn. i PLANNINO W tl. HOX 1886 KI_NAI. M _ARKA I44Fi11 nFiP~i.I.nw f-ITnrC-T I nn7i rin1-nnon September 6, 1984 r t 4 •i` Jack LaShot, City Engineer City of Kenai t,:� Kenai, AK 99611 �� {v Qy. Res First & Second Street Dear Mr. LaShots Attached is the final Pay Estimate for the above project. We have performed final inspections for this project and found the work to be in compliance with the plans and specifications. We recommend final payment to the contractor in the amount of 031,785.55 less any charges for liquidated damages which the City deeidos to assess to the contractor. Sincerely, Wm. J. Nelson & Associates Wm. J• IJ©icon, P.E. Principal WJN/bag Attachment �J avrxev+A 'Y C,7Y of X04AI �m cvmg ..._..__ n ...............�...�..._.._,... alarctwa� +,nsv +o F(v I h1 4 , r PA Y ESTIMATE CITY 01: KENA1 11ag _I of N 0 1 f_Ff FTNALI Project FIRST AND SECOND STREETS, PAVING, STORM DRAIN AND SEWER IMPROVEMENTS - 1983 Contractor Prosser Construction Company Address 1360 East 71st Avenue Anchorage, Alaska 99502 Project No. #8334 Phone 344-9223 Period From 7/11/84 'to 8/2— 9/84 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE 01 Original contract.amount $ 566,230.00 ' O Net change by change orders 6130049 QAdjusted contract amount to date $ 572,530.00 ANALYSIS OF WORK COMPLETrn O Original contract work completed $544,063.05 � OAdditions from change orders completed 6,300.00 -- 0 Materials stored at close of period .—._.__. -0= O Total carnedO+O+ G $550,363.05. �! 8 1,css retainage of 0 percent !� Total carned 1cs4 rctnin:i;•c(D0' $550,363„05 Its Less amount of previou:4 payments. s $518,577.50 __ Il Balance disc this payment _ $ 31,785.55! Contractor Prosser Construction Company Ca,inuer Sim. J. Nelson and Associateo n ' i Q_ A 1 CONSULTING ENMINFORS Wffh V. J iefson cx r-wodgies STRUCTURAL/CIVIL/PLANNING P.O. Box 1E38a KENAI, ALASKA 99611 265WILLOW STREET IE1071 293.38©3 July 11, 1984 .r .-.�1�, Jack LaShot City Engineer City of Kenai P.O. Box 580 Kenai, AK. 99611 r• Res #8334 - 1ST b 2ND STREETS CGd , Uc u, Doar Mr. LaShots Attached is a copy of Pay Estimate No. 5 for the above project. The project is substantially complete, however, we are not recommending project close-out since the seeding has not yet been established very well. Prior to final payment of this project we recommend that the City assess the Contractor for liquidated damages in the amount of $12,000 calculated as followss SUSPENSION OF WORKS October 20, 1983 CONTRACT COMPLETION DATES October 13, 1983 7 Days SUBSTANTIAL COMPLETIONs June 26, 1984 RESUMPTION OF WORK: May 25, 1984 33 Days Total days past completion: 33 + 7 = 40 days Liquidated damages: $300/day X 40 days = $12,000.00 Sincerely, Wm. J. Nelson & Associates Wig J. Nelson, P.E. Principal WJN/bsg Attachment r. r i I CITY OF KEAAI „od eapd-d 4 4iad"„ 210 FIDAL00 KBNAI, ALAYKA 00611 T6L01401411 M - 7635 September 14, 1984 TOs Wm. J. Brighton, City Manager FROMs Keith Kornelis, Director of Public Works REs LID - Illiamna View Subdivision 1) Improvements included strip paving of Kenaitze Court and Strawberry Road Went. Assumings a. Existing good bnoe requiring very little excavation b. No or ver little costa for surface runoff control (drainoge� c. Strip paving only 32' wide and with no curb and gutter or sidewalk 2) Total cost estimates Administration $ 400.00 Design 60000.00 Inspection & Surveying 8,000.00 Construction 600000.00 Contingency _ 7,600.00 Total $ 82,000.00 3. Public Works and Finance Department recommend dividing the total costs between the thirteen lots. $620000 f 13 : $60308/ea. KK/jet Page 1 of 11 I 1 .j i 1 i 1 �t LID ILLIAMNA VIEW SURDIVISION W .15 +$5000) ASSESSU) E5I. MARKET 25% of MAX. LESSOR OF ANNUAL PAYMENT LOT VALUE VALUE C2 ASSESS. C3 or C4 100% 10 YEARS I, 1A 02 $1269400 $1300000 $ 329500 $6,308 $ 6,3O8 $ 19027 L 2 02 109,500 115,000 280750 693011 60300 10027 1. 3 02 128t6OO 130,000 32,500 6,308 6,308 1,027 1. 4 02 1309300 1359000 33,750 6,306 6,3O8 1,027 L 5 02 15,000 22,n00 5,500 69308 5,500 895 -- 1. 6 112 22,700 319000 7,750 6two 6,308 1,027 v 1. 7 02 105,000 110,000 27,500 69306 60308 1,027 L SC 02 116,400 120,001) 3n,900 69308 6,308 1,027 t9 I. NA 142 12,600 199500 4,075 6,308 4,975 793 o L 80 02 40500 109000 2,500 6,3O8 20500 407 •� I. 1A BI 109800 17,500 4,375 69308 4,375 696 .- L 10 1;1 16,900 249500 6,125 6,308 6,125 997 `r L 1C 81 109500 179000 4,250 6,304 4,250 692 $82,000 $719781 . I City Payo a $10,219 Booed upon cooto tieing equally divided among all lote ($82,000 13) rr'a n 19 ROUGH ESTIMATED CONSTRUCTION COSTS Unusable Excavation 500 C.Y. x 5 a $ 2,500.00 Type I Dackfill 500 C.Y. x 10 0 5,000.00 Leveling Course 4480 S.Y. x 3 0 13,440.00 A.C. Pavement (211) 4480 S.Y. x 8 a 35,840.00 Mobilization b Demobilization Utilities and Miscellaneous 3.220.00 TOTAL $609000.00 Kenaitze Court z 721.111 + culdesac Strawberry Road West s 371.991 Paved Roadway : 1,095 x 32 feet = 35,040 S.F. Culdesac = 1pR2 (3.14)(41)2 5,278 S.F. TOTAL = 40,318 S.F. 4# 480 S.Y. Page 3 of 11 -r� i PRO -RATED SHARE BASED UPON TOTAL COSTS DIVIDED BY NUMBER OF LOTS There are 13 lotus $82,0O0 ♦ 13 : $6,307.69/each PUBLIC WORKS RECOMMENDED METHOD Page 4 of 11 w e � t , i r ILLIAMNA VIEW 1 BASED UPON LAND AREA 43,560 S.F. a 1 acre LOT ACRE S.F. ASSESSED COST L 1A, 8 2 1.79 AC 77,972.4 $11,305.75 L 2, 8 2 1.04 AC 45,302.4 6,568.71 1. 30 8 2 1.04 AC 45,302.4 6,568.71 L 4, 8 2 1.04 AC 459302.4 6,568.71 L 59 8 2 30 ,177.0 4,375.57 L 6, 8 2 1.03 AC 44,866.8 6,505.55 L 7, 8 2 1.49 AC 64,904.4 9,410.94 L 8C, 8 2 0.91 AC 39,639.E 5,747.62 L 8A, 8 2 0.84 AC 36,590.4 5,305.49 L 88, 8 2 0.63 AC 27,442.8 3,979.12 J , L 1A, 8 1 0.72 AC 310363.2 4,547.57 L 18, 8 1 1.06 AC 46,173.6 6,695.03 ,- L 1C, 8 1 0.70 AC 30,492.0 4,421.24 ✓� TOTAL _ 565,529.4 w $820000.01 S.F. , f i Page 5 of 11 I / � 1 . 1 ILLIAIINA VIEW BASED UPON ROAD FRONTAGE LOT FEET ASSESSED COST L 1A B1 2 61.11 $2,133.11 L 2 B1 2 150.00 5,235.91 L 3 81 2 150.00 5,235.91 L 4 81 2 150.00 5,235.91 L 5 B1 2 100.00 3,490.61 L 6 81 2 156.36 5,457.92 L 7 81 2 68.49 2,390.72 L 8C 81 2 71.38 2,491.60 L 8A 81 2 426.95 14,903.16 L 88 81 2 155.51 5,428.25 L 1A 81 1 320.00 11,169.95 L 18 81 1 331.01 119554.27 L 1C 81 1 208.35 7,272.68 2349.16 82,000.00 Page 6 of 11 4 � 1 i I 1 1 1 1 I 1 ILLIAMNA VIEW SUBDIVISION 049-310-11 Robert A. & Judith E. Salo Lot 1A, 81. 2 Box 3059 Kenai, Alaska 99611 Land = $28,300 Bld. = $970500 Spec Feat = $600 Total = $126,400 049-310-02 Dennis & Carolyn Ostrander Lot 2, 81. 2 Rt. 3 Kenai, Alaska 99611 Land = $24,000 R ld. _ $85,000 Total = $109,500 049-310-03 Thomas M. Ackerly Lot 2, 81. 2 Box 577 Kenai, Alaska 99611 Land = $19,400 Bld. _ $1090200 Total a $128,600 049-310-04 Clifford & Kathleen Heus Lot 4, B1. 2 Box 211 Kenai, Alaska 99611 Land = $24,300 Old. = $106,000 " Total_ __ $13,300 049-310-05 Same as 049-310-04 Lot 5, 81. 2 Land = $15,000 049-310-06 Dale A & Barbara Sandahl Lot 6, 91. 2 Box 1996 Kenai, Alaska 99611 Land = $22,700 049-310-07 Lewis & Paula Crsur Lot 7, 81. 2 Box 3505 Kenai, Alaska 99611 Land = $25,109 Rld. s $79,900 III Total z $1059000 Page 7 of 11 OF d Of 1 049-310-12 Sarno an 049-310-11 Lot 1A, 81. 1 Land = $10,600 049-310-13 Some an above Lot 18, 81. 1 Land = $15,900 049-310-14 Same as above Lot 1C, 81, 1 Land a $10 , 500 049-310-15 C. h 3.1 "Oua , C. & K. et al Lot 8B, 81. 2 c/o Donnie Ostrander j Rt. 3 i Kenai, Alaska 99611 Land a $4000 �. I 049-310-16 Same as abpvo Lot 8A9 81. 2 Land = $12 , 600 049-310-17 i Clifford A. do Lois Massie Lot 8C, 81. 2 Box 856 I Kenai, Alaoka 99611 v Land = $18#500 Bld. _ $97,900 Total a. $116,400 i Page 8 of 11 I 1 F-^ 9--r1.m— � 11W-%13 M,I. 60 r �• .N sv: t . r � 1 6a n ;rLK. I A) S 13 BLK n {(, 2 (10 \ Y Y i ,�IA� ry M AIN r 1.19K� limb MJ S US P-*: U S. !.O•r 1 9L X A A D ���f8'AI�J VIEW SUB. � 1;11ILLIAMNA L07 1 9 L it 2 X-047 m, 9 9 Kenai Peninsula Borough, Alaska N®T� Mtsttor�� Stock NymOsrs Shorn 1s Ll1=ptss i Acstsso��s paratl NumDas Shorn 10 Circltc i j tit .�•,/`' 3.I7::" V ri;R�.S'•'t���fY.'k +ri1y t�J��N 1';Il.,i•.;��;W1r 1w � �1 � f#{b f�i� y ,yi{;•:f.�* ::�.t,'" ��,�f;�;� ILOCM �� t•�� iw oft bu 41 Yq /Z 96,41 — crartiorwr Of MMF"141P Alin nrf) I IIAT 1614, y 'L o "b . t31LL sH1ZPPleLt3 6 Hvf AM(iA STAT11. c)r Az,ws+uw puler of •Hc nove"Non .i if MEAU September.7, 1984 Ms. Gail Phillips, Chair AML Legislative Committee P.O. Box 3304 Homer, AK 99603 Dear Gails It was good to see you again in Sitka. I enjoyed the discussions as they gave me a better insight into municipal concerns. During the meetings several questions were raised about the budgeting process. Concerning the desire to have fiscal notes address municipal inpact, I discussed this with Jay Hogan, Director of the Division of Budget Review. lie would be happy to discuss any specific proposals you may have which address this issue. The municipal Revenue Sharing and Municipal Assistance programs arc, of course, a method of providing financial support for municipally -provided services. Other ways of anticipating municipal inpacts resulting from legislative action may also deserve attention. Concerning the municipal Code Revision, I am confident that the bill will be introduced by the Governor again this session. The help of your organization in ,securing the passage is an important factor. Please keep me apprised of your efforts. Questions were raised about the criteria utilized in • evaluating capital projects. I am enclosing a copy of a letter circulated to legislators last session which outlines capital project criteria. I hope this is useful. As mentioned in our meeting, the executive branch capital budgeting process is not intended to supplant the direct legislative input with your legislators. However, the setting of capital project priorities is helpful to the Administration developing its, capital budget and useful in reviewing legislative proposals. •• 1 9 I I 4 Gail phillipo - 2 - Baptember 7, 1984 i trust this information is helpful. Thanks again for the opportunity to meet with your committee. Best regards, Ray Gillespie Director of Legislative Relations y ;- /, avl":-err- , . .. I i PILL dt4crricLa _ •A.A4 1 STATH l/1, As,AKIfA �1 Orr$C9 of for GOVC/1Nq" J February 14, 1984 The Honorable Al Adams Alaska House of Representatives Pouch V Juneau, AK 99811 Dear Repronentative Adams: The Administration has had several legislative requests for capital budget criteria. This represents our preliminary thoughts on the subject. I hope it will be useful in your efforts to complete the capital budget, Projects should be for a public purpose and should maximize the public benefits derived from State revenues, A capital project must provide a direct benefit to the public, rather than a private interest. In some cases however, certain infrastructure projects may benefit private interest but serve the greater public interests over the life of the projects. Case -by -case consideration should be given to such proposals. Traditional types of public projects are outlined in the attached "Categories of Public Infrastructure." High priority will be given to those projects which were submitted by communities around the State because they have undergone a public review. Projects must meet the definition requirements of AS 37.07.120(8)s "capital projects" and "capital improvements" mean an allocation or appropriation item for an asset with an anticipated life exceeding one year and a coat exceeding $25,000 and include land acquistion, construction, structural improvement, engineering and design for the project, and equipment and repair costs. Although helpful, this definition is not entirely clear, and you may want to clarify it. In certain cases, like projects of smaller amounts may be combined in one proposed project"if an overall savings is effected or other factors provide justification. i• j I � M 2 Projects would be financed through existing state programs except when now mechanisms are desirable and good public policy. They should be required to satisfy established evaluation propedures. Where State statute and policy establish an evaluation procedure for projects of a certain type, all projects of that type should be expected to undergo the same scrutiny and compote openly with each other. Among projects satisfying the requirements of AS 37.07.120(8) those which are more basic to the functions of "categories of public infrastructure" generally have a higher priority. Geographical cost differentials should be recognized among projects that fit within each category. Naturally, roplacoment of obsolete facilities and equipment where needed is of importance and may take a priority. Projects should have a reasonable certainty of feasibility. They should have a realistic cost estimate, adequate planning, and conceptual design. Projects should be for high priority purposes: and should be of high community priority az well. Sincerely, /Jay Kogan, Associate Director O£fice of Management and Budget Division of Budget Review •• 1.# CATEGORIES OF PUBLIC INFRASTRUCTURE The term infrastructure refers to facilities and equipment necessary or desirable for the delivery of services to meet social and economic needs. A thorough classification is provided in a study conducted by Abt Associates for the U.S. Department of Agriculture. The identified thirty-seven categories fall under two major headings: service facilities and production facilities. These categories are reproduced below with minor adjustments recognizing Alaska's unique circumstances. I. SERVICE FACILITIES Education 1. Elementary Schools 2. Middle Schools 3. Secondary Schools 4. Public Libraries Eieal th s- 1. Emergency Medical Services 2. Hospitals and Clinics 3. Nursing Homes 4. Ambulatory (Outpatient) Care Facilities 5. Ambulatory Dental Care Facilities 6. Ambulatory Mental Health Facilities 7. Residential Facilities for s a, orphans and dependent children b, the emotionally disturbed C. alchoholics and drug abusers e. mentally retarded f. blind and deaf ' Justice 1. Law Enforcement Facilities 2. Jails Recreation 1. Community Recreation Facilities Tranzportation 1. Airports and Related Facilities 2. Streets and Highways (including Bridges) 3. inter -and Intra-Community Transit 4. Railroad Facilities I i t i 1 I r I 1 11 I i SI. PRODUCTION FACILITIES Energy 1. Direct Power Suppliers Including Utilition 2. Subsidies Fire Safety i 1. Fire Stations; and Water Storage/Supply Facilities 2. Vehicles 3. Communications Systems I Solid Waste 1. Disposal Sites 2. Collection Facilities and Equipment i Telecommunications � 1. Over -the -Air Television 2. Disaster Preparedness 3,. Cable Television Waste Water 1. Treatment and Disposal Systems 2. Sewer Mains and Collection Systems Water Supply i 1. Community Systems a. Storage Facilities I b. Treatment Facilities c. Delivery Facilities 2. On -Sits Wells and Cisterns;