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1985-07-03 Council Packet
COUNCIL PACKETS lqeso I t t t. p r� • 1 it i I I i i 1 • • II 1 ` I i � f � I .I1 I 1 Kenai City Council Meeting Packet July 3, 1985 10 1 AGENDA KENAI CITY COUNCIL - REGULAR HEFTING JULY 3, 1985 - 7iOO PM PLEDGE Of ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an aotorlok (•) are considered to be routine and non-controveraial by the Council and will be approved by one motion. There will be no seperste discussion of these items unless a Council member so requests, in which coon the item will be removed from the Consent Agenda and considered in its normal sequence an the agenda no port of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (Time Limit - 10 minutes per person) C. PUBLIC HEARINGS 1. Ord, 1058-85 - Amending Konsi Municipal Code - Records Retention 2. Ord, 1059-85 - Amending Kenai Municipal Code - Benefits Applicable to Exempt Positions 3. Ord. 1061-85 - Amending Zoning Code - Interior Lot Linea Y� --- 4. Res. 05-68 - Accepting Paso -Through Grant to Waxen's ��. Resource 6 Crisis Center 5. Res. 85-69 - Accepting $2.3 Million State Grant for Construction of Community Center 6. Res. 85-70 - Awarding Bid - 4 Dr. Sedan - Public Works ^� "o 7. Res. 85-71 - Awarding Bid - 1/2 T. PickUp - Airport Manager 8. Res. 05-72 - Commanding Vets Center for Vietnam yr Memorial 9. Res. 85-73 - Transfer of Funds - Walker Lane Ext. - $1,500 10. Res. 85-74 - Adjusting !senior Citizen Coordinator's ri� `rb Responsibility and/or Salary r;- D. MINUTES 1. •Regular Meeting, June 19, 1985 E. CORRESPONDENCE 1. *U.S. Seey of Treasury - Federal Revenue Sharing 2, *Alaska C&RA - State Revenue Sharing 3. *Gov. Sheffield - Additional Staff at Wildwood I I � 1 . F. OLD BUSINESS C. NEW BUSINESS d►9' 2. 3. a. 7. 8. 9. Bills to be Paid, Bills to be Ratified Requisitlona Exceeding $1,000 *Ord. 1065-85 - Increasing Rev/Appns - S. Hi hbush, Bumblebee, E. Aliak, Swires, Highbuah Rd. - 50,000 *Ord. 1066-85 - Increasing Rev/Appno - Borough Senior Citizen :Grant - $38,518 *Ord. 1067-85 - Reserving City -Owned Lando for Community Center Approval of Change Order - Walker Lane Ext. - Zubeck, Inc. - $1,500 Approval of Change Order - Airport Main Apron Ext, Willow St. Ext. - Kodiak Contractoro - $3,234.50 Ratification of Contracts for City Manager and City Attorney Approval - Vacation of Utility Easement - FOG S/D #3 HEA 10. Discussion - Cemetery - Security, Administrator H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 1*0 5. Finance Director 6. Planning & Zoning 7. Harbor Commission 8. Recreation Commiosion 9. Library Commission - I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - 5 minutes per person) ADJOURNMENT f, r r.. „o j, i r a ' `I '• I COUNCIL MEETING OF I �r July 3, 1985 INFORMATION ITEMS 1 - Kenai Borough Agenda, June 18, 1985 2 - Kenai Borough Agenda, July 2, 1985 3 - Billing - Co Gintoli, Architect - Flight Service Station - $6,375 4 - Billin - Central Alaska Const. - Standard Dr., Thompson -_ - P1. - 1349772.62 5 - Billing - M. Taurisinen, Engr. - Airport Main Apron Ext. - $29,385.66 6 - Billing - Wince, Corthell, Bryson - Stellar Dr. (Final) $10764.25 _ 7 - Kenai River Management Newsletter - May 28, 1985 6 - Resource Development Council Minutes - Diamond Alaska Coal Co. - June 10, 1985 9 - Landscape Committee Volunteer - Bill Ward 10 - Library Report - May 1985 i 11 - Judgments - Nickel vs City Jackson vs City 12 - Convention Center Report - Finance Director Brown I 13 - Transfer of Funds Under $1,000 - June 1985 14 - Convention Center Estimated Budget 15 - Lease Amendment - Kenai Bowl 16 - Kenai Borough Minutes, May 79 1985 17 - Municipal League Newsletter - June 10, 1985 1S - Report on Master Plan Update and Float Plane Facility - -= Airport Manager Ernst 19 - Report on Street Lights - Public Works Director Kornelis 20 - Report on City Expenses not Budgeted - Public Works Director Kornelis a o I ' I -i J C Suggested by: City Clerk CITY OF KENAI ORDINANCE NO. 1058-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, { AMENDING KMC 10.15, GENERAL AND MISCELLANEOUS PROVISIONS, ADDING CHAPTER 10.30, TITLED RECORD RETENTION, AND PROVIDING POR A SYSTEM FOR THE CONTROLLED RETENTION AND DISPOSAL OF PUBLIC ` RECORDS. i WHEREAS, the City of Kenai generates and receives significant volumes of documentation in the performance of public duties; and WHEREAS, those records are required for varying time frames based upon their administrative, legal and historical usage; and WHEREAS, in the interest of efficient operation and effective retrieval, it is necessary to periodically destroy records when they have served their administrative or legal purpose; and WHEREAS, controlled record preservation and/or destruction / requires a means to identify and schedule the retention, method of preservation, record location and destruction of the public records of the City of Kenai; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, amending the Kenai Municipal Code by adding � Chapter 10.30, Record Retention, which shall read as follows: Chapter 10.30 RECORD RETENTION Sections: 10.30.010 Record Retention 10.30.020 Responsible Official 10.30.030 Record Retention Schedule 10.30.040 Retention Program Operation 10.30.050 Support Provisions 10.30.010 Record Retentions This ordinance is intended to provide for the preservation and maintenance of public records during their required life open and the orderly destruction of those records when there is no continuing administrative, legal or historical need for them. 1 J w. . 9 „ M 10.30.020 Responsible Officials The Clerk for the City ^, of Kenai shall be responsible for Me development and implementation of a Records Retention Program. In establishing retention periods for each records class, the City Clerk shall be advised by the City Departments as to the administrative/operating requirements for records. 10.30.030 Record Retention Schedules The city Clerk shall cause to be prepared a Record Retention Schedule listing each class of public record for which there is an administrative, legal or historical use requirement. The Retention Schedule shall be formatted to provide the following information for each record classs 1. The authority for any mandated retention period; 2. The retention period for both in -office and storage periods; 3. The recommended maintenance media (paper, microform, magnetic) for each record class; 4. The department and office having custodial responsibility for the record during the prescribed in -office retention period; 5. Any special destruct methods to be employed for sensitive records. Upon completion of the Record Retention Schedule, the City Clerk shall submit same to the Council for adoption. - 10.30.040 Retention Program Operations Upon Retention Schedule approve y Counci , the City Clerk shall apply the Schedule; specifically the City Clerk shells 1. Promulgate the Schedule to all departments and require each department to assign a departmental retention coordinstor,to assist the Clerk in Schedule implementation and maintenance. 2. Establish the procedures for routine transfer of records for storage and/or destruction. 3. Tabulate the records prepared for destruction, including the appropriate Schedule citation, and shall approve each destruction. 4. Provide witness certification to each authorized destruction. 5. Prepare and promulgate procedures for Schedule maintenance; i.e., addition of new record classes, deletions and modification of retention periods. All new record class additions and any reduction in retention periods shall be submitted to Council for adoption. 10.30.050 Support Provisionss To the extent permitted by Federal, State and City statute and regulations, microforms and/or magnetic media may be the official record media where such an application satisfies use requirements and/or contributes to maintenance efficiencies. J 2 ys i' PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA$ this 3rd day E� of July, 1985. TOM WAGONER, MAYOR First Readings June 19, 1985 Second Readings July 3, 1985 Effective Dates August 3, 1985 3 I � r x. Q. _ 0- Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1059-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC23.10.020 TO CORRECTLY LIST THE BENEFITS APPLICABLE TO EXEMPT POSITIONS. WHEREAS, KMC 23.10.020(a)(3) specifically lists provisions of Title 23 applicable to the City Manager, City Clerk, and City Attorney; and WHEREAS, due to an oversight, KMC 23.40.095, which provides for supplemental retirement, was not added to the list of benefits when that section was added to the Code in 1984; and, WHEREAS, it also appears to be an oversight that KMC 23.40.060, which deals with leave with pay for such events as jury duty and attendance at conferences, is omitted from the list of applicable benefits. NOWO THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.10.020(a)(3) be amended as followas (3) The following Council appointed administrative offices: [i] City Manager. The City Manager shall perform all those duties mandated for his position by the provisions of this chapter and shall be bound or receive the benefits of the following sections insofar as they are applicable: KMC 23.25.050 and .060 (d); KMC 23.30.110 (b) (c) and (d); and KMC 23.40.020, .030, .040, .060, .080, .095, .1009 .110, .120, and .130. [ii] =y Clerk. --O—nTy those provisions specifically enumerated under [i] above shall apply to the City Clark. [iii] City Attorney. Only those provisions specially enumerated under [i] above shall apply to the City Attorney. 1 I T. r s PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 1985. TOM WAGONER, MAYOR ATTEST: Janet Whelant City Clerk First Readings June 19, 1985 Second Readings July 3, 1985 Effective Dates August 3, 1985 Approved by Finances P4 I i 1 l J 1 � 1 I w f r I ' i I I I x — - [7 i t� MINIM Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1061-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI ZONING CODE SECTION 14.20.020(a)(5) INTERIOR LOT LINES. WHEREAS, the Kenai Zoning Code now does not allow a building to straddle an interior lot line when both lots are under the same ownership, and WHEREAS, this has proved to be too restrictive, and WHEREAS, the Kenai Advisory Planning & Zoning Commission has conducted the required public hearing on June 12, 1985 and received favoring testimony, and WHEREAS, the Commission approved Resolution PZ85-34 and recommend approval to the Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, .J that Section 14.20.020(a)(5) be amended as follows Section 1: "Every building hereafter erected shall be located on a lot as herein defined, except that, if two or more contiguous lots are under the same ownership, a building may straddle the interior lot line or lines provided that no interior partition of the building falls on a lot line so that such portion could be sold separately from the remainder of the building. This would not preclude the sale of property as condominiums or townhousee provided they are built as such." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 6 1985. ATTEST: Janet Whelan, City Clerk TOM WAGONER, MAYOR First Reading: June 19, 1985 Second Reading: July 3, 1985 Effective Dates August 3, 1985 Suggested by: Administration CITY OF KENAI i RESOLUTION NO. 85-68 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A 1985 MUNICIPAL GRANT FROM THE STATE OF ALASKA AS A PASS -THROUGH GRANT TO THE WOMEN'S RESOURCE AND CRISIS CENTER. WHEREAS, the State of Alaska has offered the City of Kenai Grant No. 3/86-306 in the amount of $50,000 for a Women's Resource and + Crisis Facility; and, I WHEREAS, the City intends to pass the monies through to the Women's Resource and Crisis Center, a non-profit organization. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the State of Alaska 1985 Grant No. 3/86-306 in = the amount of $50,000 be hereby accepted for the purpose of passing the grant to the Women's Resource and Crisis Center PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day , of July, 1985. 1=' Tom Wagoner, Mayor TEST: Janet Whelan, City Clerk Approved by Finance: eq,% This agreement is executed between the State of Alaska, Department of Administration, (Hereinafter called the "State"), and City of Kenai (Hereinafter called the "Grantee"), WITNESSETH that: Whereas, the Grantee is willing to undertake the performance of this grant under the terms of this agreement; Whereas, the municipality has the authority under the State law or local -- charter to provide the services for which funds were appropriated; Whereas, the State has the authority to enter into this agreement by AS 37.05.315; Whereas, funding for this grant lapses on lapse date upon completion of the project; Whereas, the grant # 3/ab-Infi of $ 5n,nnn is for the purpose of + .(please provide furtFer explanation and details in Me space provided); N .ri"f The City of Kenai accepts this grant for the sole purpose of passing the grant ao, through to the Women's Resource and Crisis Center (WR&CC), a non-profit Val orga+Aization. The City's responsibility is limited to review of invoices sub- ajJej mitted by the WR&CC for reimbursement and to reasonable assurance that the funds were spent for construction and/or furnishing of the WR&CC facility. 6r i`&` Therefore, Article I, grant conditions 05 & #11 shall not apply.to this grant. G�ty. Furthermore, since the construction or purchases of furnishings are not City purchases but will be contracts of the WR&CC, the City purchasing and bidding requirements are not applicable to this grant. �T`hdr-9 f1' ` Or CONH G:� a✓.r1.✓ a7�-3-i-i M eet,«9� r�q Page 1 of 4 111C9/nAnC ni J R � r- i J NOW THEREFORE, the parties hereto agree as follows: ARTICLE I. GRANT CONDITIONS. The Grantee: �1� will spend the grant only for the purposes specified above. 2will allow, on request, an audit by the State of the uses made of the grant. (3) assures that, to the extent consistent with the purpose of the appropriation, the facilities and services provided with the grant will be available for use of the general public. (4) will return to the State all grant funds received for const- ruction of a public facility, if the State, upon reviewing the documentation provided and other evidence, determines that substantial, ongoing work on the project has not begun within five years of the date it was appropriated. (5) will, for all grants for construction of a public facility, operate and maintain the facility for its practical life and that it will not look to the State to operate or maintain the facility or pay for its operation or maintenance. This does not apply to a grant for money for repair or improvement of an existing facility operated or maintained by the state at the time the grant is accepted if the repair or improvement for which the grant is made will not substantially increase the operating or maintenance costs to the state. (6) will, for all grants of $100,000 or less, provide the State annually and within 90 days of receipt of funds and project completion, with a "financial report" on a copy of the form provided in exhibit 1. (7) will, for all grants greater than $100,000, submit a monthly "financial report" on a form as shown in exhibit 1 until the project is completed. A final "financial report" is due within 90 days of project completion. (8) will retain for a period of three years after project completion all contracts, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to matters covered by the grant. (9) will return all unexpended grant monies to the State within 90 days of project completion. (10) will not allow airy of the grant monies to be used for the purpose of lobbying activities before the Alaska Legislature. (11) Will comply with the minimum wage and employment provisions of Alaska's public construction contract law as set out in AS 36.05.010 (Copies of which are available through the Department of Labor). ARTICLE II. TERMS OF PAYMENT. For all grants of $100,000 or less, 100 percent of the grant shall be paid to the grantee within 10 days of the effective date of this agreement. For all grants of greater than $100,000, twenty percent of the grant shall be paid to the grantee, as an advance, within 10 days of the effective date of this agreement. The remainder of the grant will be paid: (1) in monthly installments equal to the amount of grant money the grantee expended in the previous month. The monthly installment will be paid after the State receives a completed "financial report" form (a sample of the required form is in exhibit 1); or (2) in a lump sum, on request, for a one time purchase of equipment provided that a copy of the purchase order (or other proof of funds committed) is attached to the request. 1/1F3/0409-01/2 PaaP 2 of 4 The State will reimburse from financial reports signed by the Mayor or persons designated in writing by the Mayor to certify. NOTE: Signing of this agreement does in no way excuse the recipient of the municipal grant of any other law, Alaska State Statute or City code regulations. Recipient must in all cases consult and adhere to all local, state, or federal laws that pertain to public funds. u � _. ...,..........._ ., , -..:. me:.µ...: '3+ + 1 f The amount of the grant is full consideration for the grantee's performance. ARTICLE III. ADDITIONAL CONTRACT PROVISIONS. The effective date of this grant is the date the agreement is signed by the State. IN WITNESS WHEREOF, the parties have executed this agreement. Approved by Ordinance or Resolution 0 , dated (copy attached). Grantee State of Alaska By., By: Date (Official Title) (Official Title) Effective Date: DISTRIBUTION Grantee ( ) Administration ( ) Budgeted funds are available for the period and purpose of this expenditure. Certifying Officer Page 4 of 4 Date 1 1 c carmen vincent gintoi8, architect 130 trading bay road, suite 330 kenai, alaska 99611 907 283.7732 AMI CAMMEMITY CEI�'1'ER PROPOSED BIDDING PROCEDURES In view of the limited funds available, the following procedure is recommended should bidding be proposed this year. 1. BIDDING ALTERNATESs Base Bid 2,835,000 2,8351000 This consists of the building 100g completed, furnished with water and sewer connected. Does not include site work e.g. parking lots, connecting roads, landscaping. ADDITIVE ALTERNATES West Road to Site � 110,000 West Site Work 1 (ate 500, 000 East Site Work 600,000 11210,000 1.210.000 TOTAL 4,045,000 All the above figures include a 108 bidding contingency 2. BIDDING TIMEs We recommend bidding the project sometime in August, immediately after the HEA project bids. Since the HEA project in the same construction type i.e. steel frame, dryvit exterior, same roofing system and since BEA's project is more than twice the size of the Community Center Project we feel the possibility exists for the costs for Contractors and Subcontractors General Requirements e.g. mobilization, etc. to be shared, thus reducing the Bid Price. Hence the Bid Date for the Communtiy Center should be approximately one week after that of the HEA project. w c , Suggeotod bys Administration CITY OF KENAI RESOLUTION NO. 85-69 i A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING GRANT NO. 0/86-306 IN THE AMOUNT OF $2,300,000 FROM THE STATE OF ALASKA FOR CONSTRUCTION OF A COMMUNITY CENTER. ii WHEREAS, the State of Alaska has offered the City of Kenai a grant in the amount of $2,300,000 for roads and projects; and i WHEREAS, the City Council desires to spend the grant monies I toward construction of s community center; and WHEREAS, the City estimates that the total coot of the Community Center project will be $4,045,000, so followas Task Phase Cost Baoic Building/furnishings Inspection 1 $2,835,000 East Site Work 2 600,000 West Site Work 2 5009000 West Road to Site 2 110,000 TOTAL $4.045.000 WHEREAS, the City desires to begin conatruction of the Basic Building, with furnishings and inspection, at this time at an estimated cost of $2,8359000, -and- th#refore-•recognizes =that--Zi.t.y <monieo_will be needed. for this...first.phase in the amount of 14-35-ZOOzI. and WHEREAS, the City intends to request the balance of the project r (Phase Two) a"- -cost of"-$1;244-yZ it from the State of Alaska next ! y ! `j year. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENA19 ALASKA that the City accept the State of Alaska Grant No. 8/86-306 in the amount of $2,300,000, and that the money be designated toward construction of a community center. i � 1 I f 1 '• I PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of July, 1985. Tom Wagoner, Mayor ATTEST: Janet Whelan, City Clerk Approved by Finances f J CITY OF KENAI RESOLUTION NO. 85-70 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR A FOUR DOOR SEDAN TO CRAYCROFT CHRYSLER FOR THE TOTAL AMOUNT OF $12,189.46. WHEREAS, the following bids were received for the above mentioned Four Door Sedan on June 28, 1985. Bidder Make Bid Price Craycroft Chrysler Plymouth Caravelle $12,189.46 Hutchings Chevrolet Oldsmobile Delta 88 $13,461.86 Hutchings Chevrolet Oldsmobile Cutlass $13,079.73 Peninsula Ford Ford LTD $140118.91 WHEREAS, Craycroft Chrysler's bid of $12,189.46 is the lowest responsible bid which meets the bid specifications, and WHEREAS, the recommendation from the Public Works Department is to award the bid to Craycroft Chrysler for the total amount of $12,189.46. WHEREAS, sufficient funds are available. WHEREAS, the Council of the City of Kenai has determined that awarding this bid to Craycroft Chrysler for the total amount of $129189.46 is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for a Four Door Sedan be awarded to Craycroft Chrysler for the total amount of $12,189.46. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 1985. ATTESTS WAGONER,TOM MAYOR Janet a an Cit-y—Clerk Approved by Finances C,2a 0 i i I s� A i V 7 CITY OF KENAI A RESOLUTION NO. 85-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR A 1/2 TON 4 X 4 PICKUP TRUCK TO HUTCHINGS ` CHEVROLET FOR THE TOTAL AMOUNT OF $11,533.16. F WHEREAS, the following bids were received for the above mentioned 1/2 Ton 4 x 4 Pickup Truck on June 27, 1985. Bidder Make Bid Price Craycroft Chrysler Dodge W150 $12,979.90 Hutchings Chevrolet Chevrolet 1986 $11,533.16 Peninsula Ford Ford F-150 $11,958.05 WHEREAS, Hutchings Chevrolet's bid of $11,533.16 is the lowest - responsible bid which meets the bid specifications, and WHEREAS, the recommendation from the Public Works Department is J to award the bid to Hutchings Chevrolet for the total amount of $11,533.16. WHEREAS, sufficient funds are available. i WHEREAS, the Council of the City of Kenai has determined that awarding this contract to Hutchings Chevrolet for the total amount of $11,533.16 is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for a 1/2 Ton 4 x 4 Pickup be awarded to Hutchings Chevrolet for the total amount of $11,533.16. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 1985. j i TOM WAGONER, MAYOR I ATTEST: ( Janet Whelan, City Clerk Approved by Finance: r.2,;Z r" i 1 �E a .. t' Q. f„ � i t 1 f Suggested by: Councilman Wise CITY OF KENAI RESOLUTION NO. 85-72 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, COMMENDING THE KENAI VET CENTER FOR THEIR EFFORTS IN OBTAINING AND DISPLAYING THE ONE-HALF SCALE MODEL VIETNAM VETERANS MEMORIAL IN THE CITY OF KENAI. WHEREAS, the Vietnam Veterans and the Kenai Vet Center were able to obtain the one-half scale model of the Vietnam Veterans Memorial for display in Kenai; and WHEREAS, the Memorial was in the City for a week, during which time many citizens of the City and other areas visited the Memorial and paid their respects to those who lost their lives in the Vietnam Conflict. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that Mr. Brad Bradney and his associates at the Kenai Vet Center be commanded for their efforts. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this third day of July, 1985. Tom Wagoner, Mayor ATTESTS Janet Whelan, City Clerk 114 T 777 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-73 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE WALKER LANE EXTENSION CAPITAL PROJECT FUND: From: Contingency $1,500 To: Construction $1,500 This transfer provides money for Change Order No. 2 to this project PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this third day of July, 1985. ^� Tom Wagoner, Mayor ATTEST: '. Janet Whelan, City Clerk Approved by Finance:_ i vj� I b 1 1 U i r _ J w jj1 'r I - t � I Suggested by: Sally Bailie CITY OF KENAI RESOLUTION NO. 85-74 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE ADMINISTRATION TO ADJUST THE SENIOR CITIZEN COORDINATOR; RESPONSIBILITIES AND/OR SALARY FINANCING. WHEREAS, the Older Alaskans Commission, Fiscal Policies and Procedures Manual states that State "grant funds will be used only for the purposes of activities set forth in the grantee's funding proposal or its amendments and approved by the Older Alaskans Commission"; and, WHEREAS, Council believes the Senior Citizen Coordinator's efforts at Ft. Kenay are beyond the scope of allowable grant activities. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that Administration be directed to ed-t4te-r assign these responsibilities to other personnel o-r-- p-ram.ide"-generel--f-ud. menfe-s-to--b-"-art of the Senior Citizens Coordinator salary. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this third day of July, 1985. 1 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-75 BE IT 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 STREET LOOP, ETC. CAPITAL PROJECT: From: Contingency $6,237 - To: Construction $6,237 This transfer provides money for Change -Order No. 1 to the construction contract. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of July, 1985. Tom Wagoner, Mayor r I 1 � u '• i 0 I C.O. sent to CITY on 7/3/85 rage 1__. of C.O. approved by on CHANGE ORDER NO:, Project AIN RAWxr,Initiation Date 713/85 Contract?PINT, FBO COMANCHE CORPORATION City of Kenai You are hereby requested to comply with the following changes from the contract plans and specifications: !� li CHANGE IN CONTRACT TIME CHANGE IN CONTRACT AMOUNT l i; ro � Item No. Description of changes - quantities, units, unit prices, change in completion schedule, etc. Increase or (Decrease) 1. AD T FI E HYDRANT TO FINISH GRADE. 3.5 LINEAL FEET a 198.00/E.F.: + 980.00 2. RELOCATE L JNAIRE BASES TO 7' BEHIND PLAN LOCATION 4)RLUMDEAD MS IN hIIEU F 8' ARMS FOR LONINAIRE E NORTH SIDE OF N IN JT. LOOP. 8'� ELIVER (4� ARMS TO CITY MAINTENANCE YARD: + 1496.00 3. INSTALLC��C10 PR & LOOIP�S�Tz(4) BOXES, (1) 2" CQNDUIROSSIj ;U QJ �LASKANDOIN&PF PR 1_81IS 3 PER SHEET S OF 1 , JECTNOUH ACCORDING TO PROJECT SPECIFICATIONS: +3760.50 0-Mve op -4tAi&A 're Refaneoose cNf� <�1tI�J Net change in contract price due to this C.O. 6236,65 (Attached) (Above) is full justification of each item on this C.o, including its effect on operation and maintenance costs. r 1 �{ rhis C.O. is not valid until signed by both the owner and lngineer. Kenai City Council has to approve all C.o.s. Contractor's signature indicates his agreement herewith. 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P4.6 G•/' Ta IA.J 1Z.c, /'.�Gss c r. G GcYai�s /1'S <<,.4-S i.CGO:f&A4,y AT P/P �!/,'LCOct/ STly-G�T /.Ll�i�S�•'CliCl� � %%�'' �11`1"%�% d�GirJ 7C -- 4f_----- - J �q )K t aIF 8 2 7— 6 CIF 3 T a a PHASE DIAGRAM M future srnrar/.u.„an. /err N011 AI lalr.•r M/.fiv I� I/H/Ip4W. •� I i 1 tlri I i NUZ { r�. 9. i K � 3 IT I nrr. R/VI{IONS II�II ��or1il 01Ir4Ma Ito 'I 'a I•nr WWNbOn AtA1R Ii www i+.r 1 lICJ`VLf`%I J/ �� 1 ar7 t• I � �w I �Y 1 MOM rd001 Iry V/eo•+o SIGNALIZATION NOTES_ it if yrr Poo/ a d /0 fTAf[ 0/ A�A[RA O[/ARTM[MT 0/ TRAM[IORTATtON AMO IU[41C /ACIL1119% KENA/ SPUR ROAD/ KENA / RIVER CROSSING S/gn914971100 .rJ 9 f 1 �I r i 1) .p r� .e a Q /-/ar • N .L � } r-rc.r., r-rase � �•-/• w f I-JC <a- rahllnp /cLarr//ow/ • 2i si a yN t :� • / JI/e/L// JlLYA1/AI//MI if .. ©. •%IJpsI N . . PoLf e ! I-/ap• f /J r I-JC f J /Lih//sf RLssvwLM+/ /tict /-JC I • !/ewer q Ces/r�//ir/ • ! !-ICl/I, f-JC•/I,I-?C•/I, t•/J/►.M/at-!C •?0/lean ✓-/oru ? J J/ ©!•lC I N, o-de f M. I-?C 114, !-Ia// I• /a,l-.IC ./-,Ious / a I/ ® J/AvI. O d/ui 1 /-.lCwrllhiw A� psu///r/ .1 /•dC�/I/Ab/i sN// ry JI WIRING DIAGRAM ' f 1 t k� t�y I --= r` CURRENT .T' Phr/• N.Y•Y./ IOr. ♦ J n9 • + off f t ?J!I 6 -- loJ9 f r !fs s r' Jf• • f s,o �1 J9f ? J 5.05 r I l AGENDA ' KENAI CITY COUNCIL - REGULAR MEETING JUNE 19, 1985 - 700 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk(*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (Time Limit - Ten Minutes Per Person) 1. Pat Osborne - Payment to Peninsula Home Health Care 2. Libby Black - City Street Lights 3. Ron Kasprisin - Old Towne Study 4. Marko Zurek/Pat Doyle - Extraction of Gravel on City -Owned Property. C. PUBLIC HEARINGS 1. Ordinance 1052 - Amend KNC Sign Code - 14.20.220 2. Ordinance 1054 - Repeal and Re-enact KNC 20.05 - Public Vehicle Commission 3. Ordinance 1056 - Amend Kenai Municipal Airport Regulations 5.120 - Limited Aircraft Parking 4. Ordinance 1057 - Finding Certain City -Owned Lands Not Required For Public Purpose 5. Resolution 85-61 - Awarding Janitorial Contract on Public Safety Building 6. Resolution 85-62 - Transfer of Funds - Shop- $4,500 7. Resolution 85-63 - Awarding Communications Contract on Police Department S. Resolution 85-64 - Support from KPB Assembly - Senior Citizen Funding 9. Resolution 85-67 - Transfer - South Highbuah, Bumblebee, E. Allsk, Swires 8 Highbuah Rd. Capital Project - $69,000. 10. Resolution 85-65 - Highbush, E. Aliak, Swires Project - Void Old Award and Re -Award Contract to Construction Unlimited, Inc. 11. Resolution 85-66 - Inlet Moods Inspection Contract Award to Mince-Corthell 8 Bryson. D. MINUTES 1. *Regular Meeting, June 5, 1985 E. CORRESPONDENCE 1. *Senator Jay Kerttulla - SB 51 - State Aid for School Construction 2. *Kenai Elko Lodge - Thank you for cooperation and facilities. F, OLD BUSINESS 2; r' e O. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. •Ordinance 1058 - Providing Record Retention 4. •Ordinance 1059 - Amending KMC 23.10.020 to correctly list benefits applicable to exempt positions 5. *Ordinance 1060 - Increasing Est. Rev./Approp. - Golf Course Water and Mr - $185,000 6. *Ordinance 1061 - Amending Kenai Zoning Code Section 14.20.020(a)(5) - Interior Lot Lines. 7. Ordinance 1062 - Amending Official Kenai Zoning Map - Gov. Lot 8, Sec, 33, T6N, R11W S.M. to Suburban Residential (RS) 8. Discussion - Corps of Engineers Permit - HEA Property 9. Concept Lease Application - Craycroft - Lands Adjacent to Lot 2, Baron Park Subdivision 10. Discussion - Fred Meyer Lease Requirements 11. Discussion - Future extraction of sand from pit at end of Candlelight N. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk S. Finance Director 6. Planning h Zoning 7. Harbor Commission S. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Ties Limit - Five Minutiae Per Person) ADJOURNMENT w j ff 'r KENAI CITY COUNCIL, REGULAR MEETING, MINUTES JUNE 19, 1985, 7s00 PM KENAI CITY ADMINISTRATION BUILDING MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents John Wise, Tom Wagoner, Sally Bailie, Jose Hall, Ray Measles Absents Chris Monfor, Tom Ackerly (both excused) A-1 Agenda Approval a. Mayor Wagoner asked that item B-5 be added - Dave Brown, Purchase of Section 36 b. Mayor Wagoner asked that item G-2 - Requisitions Exceeding $1,000, "Integrity Surveys" - be approved after item G-5, Ord. 1060-85. C. Mayor Wagoner asked that item G-5, Ord. 1060-85, be deleted from the Consent Agenda and the public hearing be held this date. d. Mayor Wagoner asked that item G-12, Chamber of Commerce Res. 85-6, be added. Councilman Wise noted Councilwoman Monfor had asked that pay of employees be added to the agenda. Atty. Rogers replied he had talked to her, she had preferred the July 3 meeting. Councilman Wise requested Info /5, Ord. 1037-85 be placed under Old Business for reconsideration. Council agreed to the changes by unanimous consent. A-2 Consent Agenda NOTIONS li Councilman Wise moved, seconded by Councilman Hall, to approve the Consent Agenda, with deletion of item G-5. li Motion passed by unanimous consent. f' 8. PERSONS PRESENT SCHEDULED TO BE HEARD ` B-1 Pat Osborne - Payment of Peninsula Home Health Care No. Osborne thanked Council for the $14,000 grant last year. They have not used all the money allotted to Kenai patients. They did not receive the grant till Jan. 29. They still have patients in this area that are being paid with this money, they will have to discharge patients at the end of the month if they do not have an extension. She asked if there was any way to obtain an extension. Councilwoman Bailie asked why the funds were not available i till Jan. Mayor Wagoner explained, there was no action by the Home Health Care people. He added, Council had said they did not like to get into this type of service, but they would allot $14,000 to residents of the City. Mr. Mundell had said the maximum time would be June 30 and there would not be another request. It woo to be self-sustaining at P that time. Ms. Osborne explained, they did not have a f chairman till March. Some people that could have been served were not. Home Health Care is a new business and ;f has had growing pains. They are going to be self- sufficient. but not till next year. The present balance is $8,000. she has been using the money. MOTIONS 'i Councilman Wise moved, seconded by Councilman Measles, to j direct Administration to extend services through the end of the year. KENAI CITY COUNCIL JUNE 19, 1985 Page 2 City Manager Brighton asked if that was the end of the year or till funds are not available. Councilman Wise replied, till the end of the year, but he was not prepared to make an additional grant. Ms. Osborne stated she would not be back to Council. Atty. Rogers suggested Council meant the and of the calendar year. Council agreed. VOTE (Passed): Yeas Wise, Baille, Hall, Measles Nos Wagoner 8-2 Libby Black - City Street Lights Libby Black, 1535 Stellar. She had called the City asking for street lights on her street. She was told there was a backlog. She is concerned with the long hours of darkness and number of kids, it is dangerous. She would like lights on 2 bus stops. It is a new section of Stellar. Public Works Director Kornelis reported the street lights were not Included in the project. At one time it was discussed, but it was too late, they had awarded to the contractor. The owners did not list it on the LID. Mayor Wagoner suggested a written report be submitted at the July 3 meeting. Councilman Wise suggested a report had already been made, Mayor Wagoner explained this was regarding meters. Council agreed to the suggestion. 8-3 Ron Kasprisin - Old Town Study Mr. Kasprisin said he would report on the Old Town Study and the Landscape Master Plan. The Old Town Committee •et 6-18, this will be their last meeting. He distributed material regarding the latest proposals for Old Town. He will have the final draft by the end of June, he would like comments submitted to Land Manager Labohn. The deadline will be the end of July. By contract, he had to have 3 schemes. They have the final road plan and some alternates on commercial/retail area. He felt this had the least negative impact. The 3 options have such flexibility, it is not a zoning plan. He recommended the town site be changed to town site zoning to allow a visitor/retail mixture. He recommended historic buildings be soved or used for new development. Property owners are positive to that approach. He will discuss funding regarding State, Federal or private development. Regarding the landscape neater plan, they started out at an ambitious level. They will modify and look at 3 to 5 year periods for more ambitious projects. Mayor Wagoner thanked Mr. Kasprisin for the plan, he was skeptical at the price but we are getting our money's worth. 8-4 Marko Zurak/Pat Doyle - Extraction of Gravel on City -Owned Property Marko Zurek, Rt. 1, Box 1225, Kenai. their request was altered from the original request for gravel. There will be permits involved and meetings with residents. They are asking to work with P3Z and people concerned. If they arrive at a compromise they will extract gravel. They asked for 120 acres. After reading the paper after Council meeting they found out information they had not known. They thought e smaller parcel would be better to chow that the end result would not be the same as in the pest. It would be dust -free; because of the vast area, there would not be a noise factor. It would be done during the day. There will be opposition but they feel Council should take into -rr J I KENAI CITY COUNCIL JUNE 19, 1985 Page 3 consideration what would happen to this parcel. They do not know if they will proceed with it, they do not know if it will be economically feasible. Dredging should be allowed on an experimental basis. After extraction was complete, there would be a lake, this is desirable. There are Corps of Engineer permits to obtain, it would be a lengthy process. Council should give them a chance unless there is a specific use for the property. Councilman Wise noted when this came up a month ago, he asked if they had right of entry. He was told Administration gave them that. Material going into the wetlands is not good material. They should take test samples first to see if 40 acres is necessary. Part will be very visible from homes, this is against Code. If it is a smaller area it may be acceptable to the people. Mayor Wagoner noted moot of the people do not went a gravel pit. Councilman Hall asked, what is the zoning of the 40 scree? Land Manager Labahn replied RR, but it still must have a conditional use permit. Councilman Hall noted there is a cement plant there now, this would abut that. There will be a 40 acre buffer zone between this and the r,-iidential zone. Mr. Zurek said the preliminary s•.il report was done. It showed 6 holes worth Interest in ttsv area. Wince, Corthell 6 Bryson has not done a study there. Councilwoman Bailie noted there were many people in the audience that wished to speak. Mayor Wagoner explained this is not a public hearing, but noted people have spent much money on their homes in the area and do not wish this in sight of their property. It would have an adverse effect on the value of their homes. Linda Gintoli showed aerial photos of the area. Mayor Wagoner noted there are other areas gravel could be extracted. It will be there at a later date if it is needed. NOTION: Councilwoman Bailie moved, seconded by Councilman Hall, that the Council approve the gravel pit in this piece of property Marko Zurak is speaking about. NOTION, Additions Councilwoman Bailie moved, with consent of second, to add to the motion that this be referred to PhZ for review and public hearing. VOTE (Failed)s Yeas Hall Nos Wise, Wagoner, Bailie, Measles 8-5 Dave Brown, Purchase of Section 36 Dave Brown, Box 3691, Kenai. He informed Council that the closing documents for Section 36 have been drawn up and Atty. Rogers has them. He is ready to close. He will have a check for the City and be ready to sign. His attorneys are suggesting instead of lumping all in one and name purchasers and he assign documents to other individuals the some day, we clean the paperwork before we make payments. They are asking for 8 different deeds of trust. He is not asking for any different terms, the down payment is the same, the price is the same. The City will receive 15% of total, the interest is the some. There is no change in partial releases. There has been some concern that he has been misrepresenting this and saying he is the only one purchasing this. In the past it has been the City's choice to deal with one parson because it goes such smoother. He has not misrepresented himself. His March 6 letter showed there were others involved. It has always been the intent of Council that it be with residents of the City and not i � f r f . i Im KENAI CITY COUNCIL DUNE 19, 1985 Page 4 sold to people outside Kenai. The majority are Kenai residents. Atty. Rogers explained he just received this request this date. Partial release is for the purchaser's benefit. He is asking for lose than before. This makes more sense for him and for the City. It was on the specific terms with partial release, but he wanted Council to be fully informed. This is a variance. It went out without requirement of financial solvency. We only required the highest bid price. The City has had one representative for many bidders in the past. We are cutting through layers of paperwork. He has a right to assign. It could benefit the City because of the financial stature of the partners and there is more solvency with more partners. Councilman Wise noted the values assigned are percent and have no factual relationship to the value of the land. He did not went the City implying there are values. A68 were designed as separate entities and could stand separately, C cannot. Water must come from Spur between 2 tracts. He is not sure the buyers are aware of this or that the street must come up to standard. If one wants to sell, all mueL bn up to standard before it is sold. This needs to be acknowledged by the prospective buyers. Mr. Brown replied, although they are separate as a group, they are together as to development. They plan to soot as a group and make guidelines before filing final plat. It will be in accord with City sale documents. Everyone in the sale is aware of the value difference. That is one of the conditions of the sale. The City is hold harmless. City Manager Brighton said he has reviewed this administratively. He feels there is a possibility that the City could be in some jespordy if they agreed to this. The City advertised to bid this parcel and Mr. Brown was the onlN successful bidder. If we transfer all to Mr. Brown he can transfer to whomever he wants to. If we transfer to those that did not bid, a person could come in and say he would have bid if it had been that small. The City should convey to the successful bidder and let him transfer if he wishes. The specs were not advertised this way. Atty. Rogers explained, he disagreed, it is the Council prerogative which way they want to go. MOTIONS Councilwoman Bailie moved, seconded by Councilman Measles, to authorize separate deeds of trust with the sale of Section 36 to Dave Brown. Notion passed unanimously by roll call vote. C. PUBLIC HEARINGS C-1 Ord. 1052-85 - Amend KMC Sign Code MOTIONS Councilman Measles moved, seconded by Council^man Bailie, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vote. C-2 Ord. 1054-85 - Amend KMC - Public Vehicle Commission MOTIONS Councilman Measles moved, seconded by Councilman Hall, to adopt the ordinance. is n r i 0 I .. i m KENAI CITY COUNCIL JUNE 19, 1985 Page 5 PUBLIC COMMENT: a. Joe Langston, City Cab Co, Kenai. He requested continuance till the lot two weeks of August. He is trying to compile information regarding deregulation. There is some pending litigation in Anchorage regarding Federal government concerns that he would like to see settled first. Atty. Rogers explained, the problem is that the State did away with the State Transportation Commission but did not enact legislation to enable municipalities to regulate. It is now in federal court in Anchorage regarding regulation of taxis and anti-trust. If Council wants to delay he would ask them to consider allowing operation by the 2 applicants we now have. The Public Vehicle Commission indicated they would allow one. He had asked them not to proceed any further till this was resolved. This allows permitting on the basis that he feels we can perform. He would be concerned with denial of any applicant because they would have the same recourse as those in Anchorage. Mr. Langston noted the Anchorage problem does not have to do with regulations. That is because they do not set rates and they are in violation of deregulation. He does not have time till August to compile the facto. Atty. Rogers said he is concerned with Council making any decision based on economic consideration. The Public Vehicle Commission decision was made on economic considerations. Mr. Langston said there are still regulations. A lot of cities have gone back to regulations. The bill in the Legislature will be brought back next year. The Anchorage problem is not the same as Kenai, it is rates. He is asking for 6 weeks. His license is up July 1. 2 cab companies requesting license are located in Sterling and Soldotna. The Public Vehicle Commission denied 2 local companies when City Cab was approved. They should have preference. He did not think 6 weeks would cause great harm. MOTION, Amendments Councilman Wise moved, seconded by Councilman Hall, to change the effective date of the ordinance to August 15, 1985. Councilman Wise explained if Mr. Langston has information causing us to reconsider it could be done before the effective date. If it does not have to be reconsidered we will have an ordinance on the books. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. C-3 Ord. 1056-85 - Amend Airport Rego - Aircraft Parking MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the ordinance. There was no public comment. Councilwoman Bailie asked if there will be a penalty after 6 days, will they be impounded. Airport Manager Ernst replied the aircraft would be subject to impounding as stated in the P - -'Ark, I _ � t A I - i i� J i I KENAI CITY COUNCIL i JUNE 19, 1985 i Page 6 , regulations. As long as they pay $2 per day, there is no length now. Councilman Hall asked, what if they were weathered in? Mr. Ernst replied, that would be decided by the situation. If it wee for a long period, he had the authority. Councilman Measles noted the ordinance stated, action specifically by Council. He did not want to be involved for weather problems. MOTION, Amendments i - Councilman Wise moved, seconded by Councilwoman Bailie, to amend the ordinance to replace line 6, the words "Kenai City Council" with "Airport Manager." VOTE, Amendments Motion passed by unanimous consent. Mayor Wagoner asked if there was liability insurance on impounding, Atty. Rogers replied yes. , VOTE, Main Motion as Amendeds ✓ Motion passed unanimously by roll call vote. i C-4 Ord. 1057-85 - Finding Certain -Owned Lands not Needed Required for Public Purpose 4 7� MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the ordinance. � There was no public comment. 4 Councilman Wise asked if this had to go to outside auction. Land Manager Labahn replied yes, the State and City Code say auction or outcry. Councilman Wise noted he did not think preference was permitted. Mr. Labahn said he would check. +, Motion passed unanimously by roll call vote. ' . - - C-5 Rea. 85-61 - Awarding Janitorial Contract, Public Safety Building MOTION: r41 Councilman Measles moved, seconded by Councilman Hall, to adopt the resolution. There was no public comment. ?' Motion passed by unanimous consent. C-6 Res. 85-62 - Transfer of Funds, Shop - $4,500 ..'� 1. I NOTIONS Councilman Hall moved, seconded by Councilman Measles, to ' adopt the resolution. There was no public comment. Public Works Director Kornelis explained this is repair. Motion passed by unanimous consent. I 1 t, j11 KENAI CITY COUNCIL JUNE 19, 1985 Page 7 C-7 Res. 85-63 - Awarding Communications Contract on Police Dept. MOTION: Councilman Hall moved, seconded by Councilwoman Bailie, to adopt the resolution. PUBLIC COMMENT: a. Pat Lewis, Motorola. Me. Lewis said she wished to emphasize Motorola wants to get this contract and will continue to be competitive. Last year when she was here she talked regarding growth of technical and sales personnel. They have done that. They have been here 2 years and intend to stay and grow. They are looking at land here. They are not contesting the dollar amount but they have been the low bidder for 2 years and did not get the bid. Assuming all criteria are met, it would be low bid. They complied with all bid specs and feel they are the low bid and should receive the contract. b. Bob Pennington, Motorola. For 2 years SouthCentral has received the bid when they were high. Motorola should be considered this year. Mayor Wagoner explained there were other considerations at that time. There is no local preference. He asked if Police Chief Ross wished to reconsider, Chief Ross replied no. Chief Rose explained, 2 years ago Motorola was low bid. He recommended it be awarded to them. Prior to Council meeting it was determined there was an office problem because the local representative was not there. The portables would not be maintained locally. The bid was not awarded to them. Mr. Penr.ington asked that Motorola be considered in the future. They will open an office in the airport complex in the future. Motion passed by unanimous consent. C-8 Res. 85-64 - Support from Kenai Borough Assembly - Senior Citizen Funding KOTIONt Councilwoman Bailie moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Notion passed by unanimous consent. C-9 Res. 85-67 - Transfer of Funds - S. Highbush, Bumblebee, E. Aliak, Swires, Highbush Rd. Capital Project - $69,000 MOTION: Councilman Measles moved, seconded by Councilwoman Bailie, to adopt the resolution. -- NOTION, Amendments Councilman Measles moved, seconded by Councilwoman Bailie, to change the word "Construction" in the "FROM" section to _- "Contingency." I VOTE Amendment: "+ Motion passed by unanimous consent. There was no public comment. t. W f� KENAI CITY COUNCIL JUNE 19, 1985 Page 8 1 VOTE, Main Motion as Amendeds i Motion passed by unanimous consent. i C-10 Res. 85-65 - Highbush, E. Aliek, Swires Project - Void Old Award, Re -Award Contract to Construction Unlimited MOTION: Councilman Hall moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Public Works Director Kornelia reported he has reviewed the contract with him, he has agreed to it and signed the acknowledgement. Motion passed by unanimous consent. C-11 Res. 85-66 - Inlet Woods Inspection Contract Award to Wince, Corthell & Bryson , MOTIONS Councilman Measles moved, seconded by Councilman Hall, to adopt the resolution. There was no public comment.[ _ I Motion passed by unanimous consent. D. MINUTES I rt } D-1 Regular Meeting, June 5, 1985 Approved by Consent Agenda. • I E. CORRESPONDENCE E-1 Senator J. Kerttulla - SB-51, State Aid for School Conet. E-2 Kenai Elks Lodge - Thanks 1 Approved by Consent Agenda. F. OLD BUSINESS F-1 Ord. 1037-65 - Landscape Ordinance. MOTION, Reconsiders Councilman Wise moved, seconded by Councilman Hall, to reconsider the action at the June 5 meeting. Councilman Wise explained, the effective date is July 5. Any building permit to be issued by the building inspector would have to be referred to the Committee. It would be delayed 14 days and automatically issued, according to Code. Mayor Wagoner noted he is prepared to appoint 4 of the 5 members this date. 1 VOTE, Reconsideration (Failed): Yost Wise, Hall, Measles No: Wagoner, Bailie There must be 4 votes to reconsider. KENAI CITY COUNCIL DUNE 19, 1985 Page 9 G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,000 Mayor Wagoner asked, at the time of awarding to OceanTech, there was some concern. How is it going? Public Works Director Kornelis replied, they have had to extend the deadline. He has not received the preliminary. MOTIONS Councilman Hall moved, seconded by Councilwoman Bailie, to approve the requisitions with exclusion of Integrity Surveys. Public Works Director Kornelis explained, in reply to a question, the window is for his office. Motion passed by unanimous consent. G-5 Ord. 1060-85 - Inereas. Rev/Appne - Golf Course Water & Sewer - $185,000 MOTIONS Councilman Hall moved, seconded by Councilwoman Sallie, to Introduce the substitute ordinance submitted this date. Public Works Director Kornelis reviewed the request. A lift station will be needed in the gulley near the tie-in to Swires. They will need to add over 300 ft. of line. The rest is contingency and engineering. This is for water 6 sewer, not for road improvements. Mayor Wagoner said he and City Manager Brighton met with Borough representatives. This is an elementary school site that will be on the election ballot in Oct. The Borough was concerned with water 6 sewer. The City feels this to a Borough problem, but is concerned with development. There are 4-1/2 acres that are owned by the Borough. The Borough said if the City provides water b sewer they will put the property up for sale. $165,000 for water 6 newer= $328,000 for toads, water 6 sewer. It would open up the area for development. We could do the lift station this year and get capital improvement money for the rest next year. City Manager Brighton noted it is not incumbent for the City to decide till after the Fall election. Councilman Wise said at the first Borough land sale a considerable amount of city land was up for sale and went to a law suit. He suggested the Borough put the remainder of that up for sale also. Mayor Wagoner replied they are willing to do that. Councilman Measles asked, assuming the loop is completed, will this handle the additional water flow? Public Works Director Kornelis J replied it will handle down to the east of town. Mayor Wagoner asked if there woo any money left from other capital Improvement reserve balances for water 6 sewer improvements. Finance Director Brown replied yes, but not enough for Allak, McCollum project. Councilman Wise suggested engineering for sewer to Thompson Park, so we will have the data when we go to the Legislature. He added, the lift J _� •My ,r KENAI CITY COUNCIL JUNE 19, 1965 Page 10 station in a major improvement, it should be aoseased to the property owners. Mayor Wagoner explained, it would cost us more (to asaees) than we would get from it. MOTION, 2nd Readings Councilman Wine moved, seconded by Councilman Hall, for 2nd reading of the ordinance. Notion passed by unanimous consent. NOTIONS Councilman Wise moved, seconded by Councilwoman Sallie, to adapt the ordinance. There was no public comment. Councilman Wine suggested the low bid was $20,000 for engineering because it was to be done while the ground was frozen. It should be done in winter. Notion panned unanimously by roll call vote. G-2 Requisitions Exceeding $1,000 - Integrity Surveys - 0,450.00 MOTIONS Councilman Wine moved, seconded by Councilmen Hall, to approve the requisition. Notion passed by unanimous consent. G-6 Ord. 1061-85 - Amending Zoning Code - Interior Lot Linea Approved by Consent Agenda. 0-7 Ord. 1062-85 - Amending Zoning Map - Govt. Lot 8 to RS NOTION, Councilman Measles moved, seconded by Councilwoman Sailie, to introduce the ordinance. Councilman Wiae reviewed the requtot. PhZ declined approval. When this wee under consideration to RR-1, all owners were notified. At Council hearing, some people asked for withdrawal and this; was granted. Water 6 Sewer is being considered. This was to keep it from becoming high density sees. The residents of the area did not want this. If the request had been made at that time, Council would have approved. VOTE (f ailed)s Notion failed unanaimously by roll call vote. G-8 Discussion - Corps of Engineers Permit - HEA Property MOTtONt Councilman Wise moved, seconded by Councilwoman Sailie, to send a letter of non -objection. �f J KENAI CITY COUNCII, JUNE 19, 1905 Page 11 MOTION, Additions Councilman Wise moved, with consent of second, to change the motion to @end a letter of support. Motion passed by unanimous consent. G-9 Concept Leese Application - Croycroft - Lands Adjacent to Lot 2, Baron Pork S/D MOTION: Councilman Wise moved, seconded by Councilmen Measles, to approve the application. Mayor Wagoner asked why the stipulation wan added that it be used for parking only. Land Manager Labahn explained, the applicant said he did not wish a building there. It was his request that It be dropped. If he has a change, he can ask for an amendment. The City will tack a survey into the Marathon Rd. project. Councilman Hall requested abstaining from voting because of his relationship with the Cryaler dealership. Councilman Measles asked if the applicant was aware of the reallignment of Marathon Rd. Land manager Labahn replied, this is presented with the reallignment. Motion passed by unanimous consent, with Councilman Hall abstaining. G-10 Discussion - Fred Meyer Lose& Requirements VICE MAYOR MEASLES ASSUMED THE CHAIR. MOTIONS Mayor Wagoner moved, seconded by Councilman Hall, to not require Individual signatures of owners and/or officers in consideration of their obvious size and financial statute in the case of the Fred Meyer property lease. Mayor Wagoner explained the City usually requires Individual signatures. Fred Mayer is owned by a public employees retirement fund that prohibits listing them as signers. The lease should be signed this week. The size of the company should keep us from concern. Atty. Rogers explained, because of lases:: going bankrupt (in the past) without Individual signers, he has required individual signers. It is not an ordinance. Notion passed by unanimous consent. MAYOR WAGONER RESUMED THE CHAIR. C-11 Discussion - Future Extraction of Sand from Pit - End of Candlelight Public Works Director Kornelis explained, we have a present commitment for sand. We need $225,000 per year from that to use for construction and winter sand. When we get present commitment this summer we will be out of nand on west side of Candlelight and hope to go to seat side of Candlelight. We would have to purehaue otherwise. He hoped to develop for recreation after send is extracted . He has reviewed this"with Dick Morgan. Mayor Wagoner noted Mr. Morgan is concerned about future extraction of sand. He hoped to develop the other 9 holes in the future and ask for this. It is too valuable to just strip the land. We have J N i KENAI CITY COUNCIL JUNE 19, 1985 Pago 12 sand other placed. Mould thin reduce the coat to contractors or do they pay us per ysrd7 Public Narks Director Kornslia replied, in the bid documents we say sand in avatlablo for use. Mayor Wagoner sold we would pay more elsewhere for the price of sand if we did not use thin. Hs suggested directing Administration meet with Mr. Morgan and report at the July 3 meeting. Council agreed to the suggestion. Councilman Hall asked when we take the top soil out, will the top soil be left to put back after? Public Works Director Kornelis replied, some has been disposed of. If we go into a new area, we can nave it. We will have enough on the west aide for thia without the winter send. We have no other city pit. We tried to purchase sand, it was over $20 per yard because it was all frozen. We would have to purchase in sdvaneo. We could purchase from the airport. ADDED I?EMt Mayor Wagoner suggested proceeding with obtaining permission to trade property to allow 200 ft. along the road length of four 40 acre tracts excluding the ball *rasa and make a housing strip to sell off. Council agreed to the suggestion. C-12 Kenai Chamber of Commerce Resolution 85-6 - Urging City to Proceed with Construction of Community Center Utilizing $2.3 Million Allocated to Legislature Mayor Wagoner noted there has been such discussion regarding money from the Stata. The Community Center woo the 01 priority. H• props ad going out to bid (the plans h bid documents or: ready)contingent on the City receiving the grant award from the State. He asked Finance Director Brown when the funds would be coming, Mr. Brown replied about August. Mayor Wagoner suggested we could go out to bid at this time with the 2nd phase or added alternate. Does the Council went this or should the funds go elsswhere7 Councilman Hall asked if the study prepared by Finance Director Brown regarding costs of maintenance 8 operation and revenues could be made available. Councilwoman Sallie said we could run the center with less manpower than other areas. It will not be profitable at first, but in the future it could be like the airport. Councilman wise said it should be before the public, he asked for a resolution with review of what will be included In going out to bid, what will be financed, what are costs. Mayor Wagoner noted there have boon 8 to 12 work sessions and public hearings on prioritirstion, with no negative comment. Councilwoman Bailie added this issue has been voted on 2 times by the people. It wad listed low on the questionnaire, but she asked around and has had much positive comment regarding the community center. Councilman Hall asked where we were on the site location. Mayor wagoner replied we have not beard back from FAA. The City will pursue the some site and FAA moving the towers. Councilwoman Sallie noted the Community Center committee decided that regardless of antennas, it would be better at the far end. Development of interior park would be more attractive. We could build without moving the towers. Council agreed to a resolution at the July 3 meeting. i J 1 w i i' KENAI CITY COUNCIL .. , . . , ^ � '. ' � �.. -~ - . � � / . KENAI CITY COUNCIL DUNE 19, 1985 Page 14 b. He would like Administration to contact the bowling alley to see whet their plans are. They are going into winter now because they do not have to complete till Dec. 31. c. He would like P81 to look at all the property north of Airport Way, west of Spur and south of the drainage ditch to rezone commercial. He would like pre -planning regarding access, roads, drainage and a comprehensive plan. Council agreed to the request. Councilman Wise suggested a determination on Marathon Rd. Will they have water 8 sewer? d. He proposed 4 of the 5 members for the Landscape Review Committee. Lou Schilling Walter Them Jackie Oberg Randy Color Councilwoman Bailie asked if this was to include the Architecture Committee. Mayor Wagoner replied this is not not up for that. MOTION$ Councilwoman Bailie moved, seconded by Councilman Measles, to accept the Landscape Review Committee members as presented. - Motion passed by unanimous consent. H-4 Clerk ' Clerk Whelan asked that the minutes of the June 5 meeting be amended as follows: page 10, item b, line 9 - change the words "plans and documents" to "soils loge." Page 11, item H-2s, line 4, change the word "attorney" to "legal assistant." Page 12, item c, line 2, change the words "is In the minutes" to "be made a portion of the minutes of this meeting." Council approved the minutes as amended. H-5 Finance Director Finance Director Brown spoke. a. Regarding the letter to Mike McLane in the packet (item H-5) He asked Council concurrence with the letter. PUBLIC COMMENT$ a. Mike McLane, 340 Cannery Rd. They have a pending sale on one lot. The way the contract and opera are written, that would allow some constructlen this year. These people want to start building. He has guerPnteed the buyers they would not exceed $12,000 for single or f14,000 for dual service* they felt $12,500 provided a cushion. For this to work they need a contract agreement guaranteeing full payment of assessments. He asked Council to consider a lesser amount because he will have a contract agreement. Mayor wagoner noted Council is being asked to negotiate before the letter has been sent out. Council concurred with the letter. t 1 i KENAI CITY COUNCIL ,DUPE 19, 1985 Page 15 b. Regarding City tnc-trance. He solicited proposals on May 1. Insurance companies do not want municipalities any more. There may be 30 municipalities in Alaska III y without insurance. Atty. Rogers explained, claims are out of eight. Kenai is in great shape. Our rates are " a result of other municipalities. Counciman Measles asked if we had some self-insurance. Finance Director Brown replied, we don't carry camp A collie ion on the vehicles. Valdez has $1 Million deductible and is paying more premium than we are. He has looked into - this option. Councilman Hall said he was told the City did not have a long enough time for proposals and suggested we wait one year and try again instead of a 3 year contract. Mr. Brown noted a longer time would not -= mako any difference. • MOTIONS Councilman Hall moved, seconded by Councilman Wise, to accept Finance Director Brown's letter with a change of insurance broker of record from 3 years to one year. Mayor Wagoner asked if the proposals were asked for on a basis of 3 years. Mr. Brown replied, he sent a questionnaire to agents, only one came back. The price j quote was for one year. In the body of the letter he had said tie City intends to Issue 3 year broker of record letter. One broker said verbally he would like more time. f i Councilwoman Bailie asked if they know they have a 3 year commit ment, would they be apt to give a better bresk7 Mr. Brown replied, he has been told that is true. VOTE (Failed)s Ysss Wise, Hall Nos Wagoner, Bailie, Measles MOTION: Councilwoman Bailie moved, seconded by Councilman Measles, to appoint Walters 6 Olson as brokers for a 3 year Y period. VOTE (Passed): Yes$ Wise, Wagoner, Sallie, Measles ' ( Not Hall H-6 Planning & Zoning None H-7 Harbor Commission i I None f t . H-8 Recreation Commission —t None —��- H-9 Library Commission Library Commission Chairman Swarner noted they will break ground for the addition in July, the van is there now. They will be having library inventory June 23. a �6 i a tJ „ j t I rl e , KENAI CITY COUNCIL DUNE 19, 1985 Page 16 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Public Works Director Kornelie noted the report on Tikigag Const. is in the packet (Info 9). b. Councilwoman Bailie noted Info 7 in the packet, the Cemetery Committee. They have asked for a central person to oversee the project. There has been vandalism there. She suggested closing it to vehicular traffic at certain times of the day. Sites have to be assigned, letters sent to funeral homes, handle security and maintenance. City Manager Brighton explained the engineer is in charge of the project. He cannot do the survey till the fence in moved. They are In the process of doing that now. They have not - - considered locking the cemetery. Councilwoman Dallis explained, just vehicle traffic, especially 4 wheelers. It could be for pedestrian traffic only. Mayor Wagoner suggested a fraternal organization take over the responsibility. City Manager Brighton said there would be a report at the July 3 meeting. c. Councilwoman Bailie suggested the Senior Citizen Coordinator needs to be compensated for taking care of Ft. Kenay. There should be a budget adjustment. Her total salary is from the Federal Govt. as Senior Citizen Director. Her pay is also taking care of rental and use of Ft. Kenay and the museum. Mayor Wagoner said she was assigned those duties. Councilwoman Bailie explained, this has nothing to do with senior citizens, it is in addition. The grant to for senior citizens only, we could jeopardize the grant. She gets no city funds, but is responsible for Ft. Kenny. Mayor Wagoner requested Administration report at the July 3 meeting on hours spent by the Senior Citizen Coordinator on Ft. Kenay. d. Councilman Measles said we have raised leases at the airport, we should hire security service between 1000 PN and 6s00 AN. There is vandalism at night. FSS is upstairs, the doors could not be looked. There are also transient aircraft coming in and out. e. Councilman Wise asked about the bid on Thompson Park (water and sewer). Mayor Wagoner replied they will do over the winter and next spring. f. Public Works Director Kornelie reported he would like j to investigate using the old Kenai dump site on Section 36. They would bring top soil from Inlet Woods for softball fields. It has been listed as a possible hazardous waste site. Councilwoman Bailie suggested trading for land by the golf course. Mayor Wagoner i explained 1/2 is eesteicted, 1/2 is unrestricted in the y ..; golf course area. We will trade that. Councilman Wise suggested some land by the outfall was reserved for a i park and suggested putting the soil there. Councilman Measles suggested we need baseball more than softball. Mayor Wagoner raid we should review dedicating more land for ball fields. He suggested negotiating with the Borough for the land between the Jr. High and the High School. They could use it In the winter, we could use it in the summer. — -f- Council agreed to check into this. ADJOURNMENT: Meeting adjourned at 12s00 Midnight. t Janet Whelan City Clerk i i I � i � I 0 , OFFICE OF THE SECRETARY OF THE TREASURY WASHINGTON, D.C. 20226 010ECTOR O,mg OI•MMAS11011p6 S"1 t 0"er. M W Dear Chief Executives June 71 1985 Revised PAS-16 As you may be aware, continued funding of the Revenue Sharing Program after the end of fiscal year 1985 is uncertain. Therefore, in anticipation of the possible termination of the Program, Entitlement Period 16 (EP 16) entitlem>ant amounts have been recomputed for your government. The effects of this recalculation will be reflected in payments to your government in July and October 1905, Enclosed is your revised Recipient Account Statement (RAS) %high provides complete information on your government's Revenue Sharing account status, data elements used in the Revenue Sharing Allocation Formula, and the payment activity during the current and prior entitlement periods. The PAS contains the following information blockss J Section 1 Entitlement Sumuwys This block contains allocation and payment informa- tion. Each teen is identified by a code in the first column. A detailed explanation of each item in this block appears on the reverse side of the Statement. The "Amount" column displays the actual amount of each item. (For examples if your government received an EP 16 initial allocation of $1,000, the "Amount" column for item D contains,0$1,000.") The last column, "Cumulative Salanoe," reflects the beginning balance (Item A) and ending balance (Item L) for your government's Revenue Sharing account as well as balance changes because of activity during the current period. Following the Entitlement Summary block, further information concerning the payment status of your government for EP 16 is displayed. Section 2 Data Elements Used to Calculate Allocations This block displays the four to elements used to calculate allocat adjustment amounts for ttie current and prior periods. Section 3 Revenue sharing Payment summarys This block contains information on pay- ments made to your government since January 10, 1984. This information may be submitted to your auditors to assist in verifying the Revenue Sharing payments. Please review the enclosed RAS carefully and retain this letter and the RAS in your Revenue Sharing files. If you have any questions or need additional information concerning your account or data elements, contact our Intergovernulental Relutions Division at the letterhead address or call (202) 634-5200. J Sincere , Michael P i I Revenue Sharing RECIPIENT ACCOUNT STATEMENT i as of May 8, 1986 Ll 2401 itNttt-H.W.�N� COLYNt1A /�AfA MIONtIit WAtNINOfON.O.C. SOBsi KENAI CITY CITY CLERK Box 58o KENAI ALASKA 99504 Q Account Number: 02 2 009 003 fin AMOUNT CUMMATIVS BALANG1 10076- 8 - a ance Forward Ep 15 2nd interim Allocation Adjustment 2,530- D Ep 16 initial Allocation 367,003 179,616 356,705 177,089 P N Ep Ep 16 16 payments Issued interim Allocation Adjustment 1,461- 175,628 L Ep 16 UNPAID ENTITLEISENT--------------• •------ 175,628 .e r,. a euartiQr v payments in July and October, provided your government has met all reporting/compliance requirements, The scheduled payments are as follows$ QTR3t 97,814 QMs 97,814 09743771 62531594 14579631 67299425 19055941 - 1 r 1 , i I. w f' Vk/ V7/V7 04/06/84 &&Wfow- 129,262 07/09/04 129,262 10/05/94 129,263 01/08/85 891808 04/05/85 99,906 4 R � � Users auiee to Ractp/ent Account Statement BHCTION 1 - ENT2TLEMENT SUMMAQy A. BALANCE FORWARD: Your government's Revenue Sharing account balance (based On the total allocations, waivers, and payments) for the entitlement periods indicated. •S. Zed INTERIM ALLOCATION ADJUSTMENT: A second interim adjustment to your government's allocation of Revenue Sharing funds for the indicated entitlement period. based on data elements available as of April 2, 1985. •C, RESE VE eISTR28UTION: Your government's share of the distribution of the National and State Reserves. D. INITIAL ALLOCATION: Your government's share of Revenue Sharing funds based on initial data elements for the entitlement period indicated. Of. WAIVIO PUS: 0 ) funds Credited to your account because of a voluntary and/or Constructive waiver of funds by jurisdictions in your County for the period indicated. (•) Funds transferred from your account because of a voluntary or constructive waiver by your government for the period indicated. F. P1yMENTg 2R3U[O: The amount of Revenue Sharing funds paid to your governmant during the entitlement period indicated. •g. ►UNDS RETURNED TO ORR: The amount Of Revenue Sharing funds returned to ORS from the recipient government during the entitlement period indicated (e,g.. overpayment). ON. • An interim adjustment to your government's initial allocation see amount In ooG 0) of Revenue Sharing funds for the indicated entitlement period based on data elements available as of April 2. 1985. 01. aALANCI!: Your government's Revenue Sharing account balance for the entitlement period indicated. $0. INITIAL ALLOCATION: Your government's share Of Revenue Sharing funds based On initial data elements for the entitlement period indicated. Olt- XAIVE�D FL�Nea: 0) Funds Credited to your account because of the voluntary and/or constructive waiver of funds by jurisdictions in your county for the period indicated. (•) funds transferred from your account because of a voluntary or constructive waiver by your government for the period indicated. L. uNPAte ENTtTLFM=- The remaining Revenue Sharing funds payable to your gOvarnment in the entitlement period indicated. OVRRPAYMENTT: The excess amount your government has received based an your Computed Share of the Revenue Sharing Trust Fund. SECTION 4 DITA ELauapra uRan Tn CALCLu eta ALLOCATIONS For an explanation of the following •oats tlaments.• Population Adjusted Taxes Per Capita Income intergovernmental Transfers refer to the •bats Definition for Allocations to Local Governments Entitlement Period 10, Oct. 1, 1994 - Sept. 30. 1985• forwarded to your government with our transmittal letter dated May 29. 1984, REF:5133ND or 51330, SECTION 2 - R9112NUa AMIRINR aAVUR1�T auurAev This block contains information on all payments made to your government since January 1. 1984, rJ If YOU have any questions or mead additional information contact the ORS Inter- governmental Relations Division. 2401 E Street. N.W., Washington, O.C. 20229 or Call 202-634-5200. Be sure to include your account number in any eorrespondenCe with this Office. • This item 1s optional and is only printed On your statement 1f the amount is other than sero. m J N ' fb �a n �� � Ll MM ,,11 V 3 DBPT. OF C0:1l:NUNITY Qc RBGIONAI. AFFAIRS / 0 POUCH 8 JUNEAU, ALASKA 0=1 PHONE: (007)1864700 OFFICE Of THE COMMISSIONER El 049 E. 36TH AVENUE, SUITE 400 ANCHORAGE, ALASKA 00508 PHONE: (007) M1073 June 13, 1985 CERTIFIED/RETURN RECEIPT REQUESTED �S�j��l J ►� f, rapt �. •, The Honorable Tom Wagoner to �I Mayor of the City of Kenai 210 Fidalgo Kenai, AK 99611 i Dear Mayor Wagoner: RE: PY 85 STATE REVENUE SHARING PROGRAM - FINAL PAYMENT Enclosed is your municipality's PY 65 final entitlement payment under the State Revenue Sharing Program. This letter includes a breakdown of how your municipality's prorated final entitlement was determined, along with an explanation of the restrictions placed on the use of revenue sharing funds by state law. PY 1985 Entitlement Summary Your entitlement summary is as follows: Total Entitlement $718,442 Less Prepayment $328,949 Less Provisional Payment $317,852 Remaining Entitlement $ 71,641 PRORATED FINAL PAYMENT $Tr1=10 All final payments for PY 85 have been prorated at .9967. This prorationed amount will be corrected and redistributed among all entitlements in FY 86. A detailed breakdown for how Your municipality's entitlement payment was determined under Chapters 89 and 90 is also enclosed. These should be provided to the municipality's finance officer for monitoring compliance with the limitations placed on the use of these funds by State law. Generally, except as noted on the next page, State Revenue Sharing funds may be spent at the municipality's discretion for any public facility or service for which the municipality has the power to expend public funds, as provided by AS 29.48 and local ordinance. 2!•PILM a a - The Honorable Tom Wagoner June 13, 1985 Page 2 Restrictions On The Use of Funds SERVICE AREAS - A Chapter 88 equalization entitlement generated by the tax levy of a taxing unit may be used only for authorized expenditures of that taxing unit. However, please note that no more than 15% of the areawide entitlement under Chapter 88 may be used for non-areawide services. ROAD MAINTENANCE - By the end of this fiscal year, you must spend at least 20% of the Chapter 89 funds received for the Road Maintenance Category on that service to demonstrate that a minimum level of service was provided. The remaining 80% of funds for roads may be used for other municipal services and facilities. HEALTH FACILITIES - By the end of this fiscal year, you must spend at least 20% of the funds it receives under Chapter 89 for health facilities on the operation and maintenance of health facilities. The remaining 80% of funds for health facilities must be dedicated for health facilities at a later date. HOSPITALS - All funds provided to local hospitals must be promptly transferred to the hospital. By the end of this fiscal year, the hospital must spend at least 20% of the funds it receives on hospital operation and maintenance. The remaining 60% of funds may be spent only on hospitals at a later date. HOSPITAL CONSTRUCTION AID - All of the Chapter 90 funds provided for hospital construction aid must be promptly transferred to the hospital, which may then use these funds for construction costs only. if your revenue sharing funds are spent improperly, the Department will either reduce your entitlement next year or demand the return of the money paid. Questions should be directed to Jon Cecil, State Revenue Sharing Program, at 465-4733. Thank you. Sincerely, Emi4 i Commissioner Enclosure: Breakdown of Chapters 89 and 90 Warrant #805140, Dated 6/10/85 cc: District 86C, 14RAD, Anchorage „r r� a DEPARTMENT OF COMMUNITY 8 REGIONAL AFFAIRS FY 85 FINAL SRS RUN MAY 20o 19AS 1 MUNICIPALITY - KENAI 1 CHAPTER 59 PRJPATION FACTOR = 0.95710545277811 Cr1APTER 90 PRORATION FACTOR a 1.000^000*'000000 HOLD HARMLESS PRORATION FACTOR = 0.96472856015159 PUBLIC ROADS 51.74 MILES X 2o500 PER MILE X 1.0764 (COLA) X PRORATION FACTORS : PRORATED AMOUNT 112F0559 ICE ROADS I 0.00 MILES X 1400 PER MILE X 1.0764 (COLA) X PRORATION FACTORS = PRORATED AMOUNT to ! � HEALTH FACILITIES 3 FACILITY X 8400 PER FAC. X 1.0764 (COLA) X PRORATION FACTORS = PRORATED AMOUNT i13.853 I 10 BEDS X 24CO PER BED X 1.0764 (COLA) X PRORATION FACTORS = PRORATED AMOUNT 1190878 HOSPITALS 0 HOSPITALS X 250P000 PER HOSP. X 1.0764 (COLA) X PRORATION FACTORS = PRORATED AMOUNT t►0 I 0 HOSPITALS X 7.5400 PER HOSP. X 1.0764 (COLA), X PRORATION FACTORS = PRORATED AMOUNT f0 0 BEDS X 1i000 PER BED X 1.0764 (COLA) X.PRORATION FACTORS = PRORATED AMOUNT 30 i V ' • t HOSPITAL & HEALTH FACILITY CONSTRUCTION ASSISTANCE 0 BEDS X 2,,500 PER BED X PRORATION=FACTOR,S s PRORATED AMOUNT SO 0 TOTAL PROJECT COST'X...OS X PRORATION FACTORS = PRORATED AMOUNT C M1 j O;AL'yf08; C.HAP;EgS,,.89.,&,90 P289 i { ,a F I � I " t { . ii SILLSHBFFIeLO 1 QOV¢RNOR STATE or ALANICA arricc OV THK GOVERNOR JUNisAU June 6, 1985 Ms. Janet Whelan City Clark - City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Ms. Whelan: Thank you for your recent letter and the copy of the resolution which requested additional staff for the Wildwood Correctional Center in Kenai. As you have been informed by Commissioner Endell, no new posi- tions were funded for Wildwood Correctional Center for fiscal year 1986. I understand there is a strong possibility that Third Avenue and Ridgeview Correctional Centers may close down in the near future. If these facilities do close, existing staff will w i be moved to areas most needing additional employees. i j Both Commissioner Endell and I appreciate the continued interest ;II and support the City of Kenai has shown to Wildwood Correctional 1 Center and to the Department of Corrections as well. Sincerely, .I ' �����E�� " 1'/lye✓'// Bill Sheffield Governor �1 {I I l- 1' y 1 - _ - -� lei �.e. t} �• ,p,, ,I ` 026►8�ti�d f- F. .j �1 M. PAYMENTS OVER $1,000.00 WHICH NEED COUNCIL APPROVAL OR RATIFICATION 7/3/85 ,VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT POp_ FOR APPROVAL: Wines, Corthell 6 Bryson Final Bill Stellar Dr. Assass. Engineering 1,764.25 Carman Gintoli Arch. Services CP-FSS Facility Engineering 6,375.00 Central Alaska Construction Pay But. No. 1 CP-Standard, Richfield Construction 34,772.62 Mike Taurisinen Engineering Services CP-Airport Apron Inspection 29,385.66 Alaska Pump 6 Supply Repair Distribution Pumps PR -Water Repair 6 Haint. 1,603.23 62989 I' Peninsula Fencing Airport Fence Repairs Airport M 6 0 Repair 6 Maint. 5,387.20 63307 1 FOR RATIFICATION: Alaskan Federal Credit Union June W/H Various Liability 13,553.00 ICMA Retirement Corp. May Employee Cont. Various Liability 5,887.00 j May Employer Cont. Various Supplemental Retirement 4,075.98 i Marathon Oil Co. Hay Natural Gas Central Treasury In Trust 7,264.42 Union Oil Co. May Natural Gas Central Treasury In Trust 7,195.08 I PERO Juno Retirement W/H Various Retirement 35,049.30 National Bank of Alaska June Federal WIN Various Liability 49,514.66 , Rainier National Bank 174 Refunding Prine. 1974 Refunding Principal 100,000.00 t74 Refunding Interest 1974 Refunding Interest 49,892.50 Walters 6 OlsonInsurance CP-Library Construction 1,553.00 I Glacier State June Phone service Various Communications 2,870.79 National Sank of Alaska TCD 6/18/85 Central Treasury Central Treasury 1,400,000.00 6.75X Int. (� TCD 6/28/85 Central Treasury Central Treasury 1,100,000.00 7.0% Int. j, ----- ----- - - - i ' - -- - -i -- -' -- - - --- c 1 i �f E. i E I REQUISITIONS OVER $1,00O.00 WHICH NEED APPROVAL OR RATIFICATION 7/3/85 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT OR P.B. Promotional systems, Inc. A.L.E.R.T. robot Fire Mach. b Equip. 2,145.00 Burroughs Corp B-93 Software Finance Office Supplies 4,193.00 Maintenance on Exxon Various Repair A Main. 9,902.80 z9"14V4kW*nhe0W Flowers, flower box preparation Parks (Seavt.) Operating supplies 3,193.% Xerox Corp. Xerox 1045 Rental Library Printing 4 Binding 3,480.00 MCNsughton seek gar. Lease Agreement Library Rentals 4,336.08 Yukon Office Supply Maintenance Contracts, office machines Library Repair i Meta. 1,543.00 Sunset Janitorial Janitorial service Library Professional 8er. 6,000.00 Valley Decorating Co. Christmas Decorations Beautification Miscellaneous 6,499.00 . Cynthia Cabangels Janitorial Service Non -Departmental Professional oar. 6,424.00 -- Jahrig Electric Well House i2 repair Pub, works/hater Repair 4 Main. 1,000.00 i y� , t r, 1 J' f r k Suggested by: Administration CITY OF KENAI r ORDINANCE NO. 1065-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $50,000 IN THE SOUTH HIGHBUSH, BUMBLEBEE, EAST ALIAK, SWIRES AND HIGHBUSH ROAD CAPITAL PROJECT FUND. WHEREAS, at the time that the budget for this project was prepared, the City believed that the construction contract would amount to approximately $689,000; and, WHEREAS, the City subsequently awarded a contract for $768,705.80; and, WHEREAS, the result of this award is that the City believes that contingency monies may now be insufficient to complete the project; and, WHEREAS, the City has sufficient State grant monies set aside as a result o•f projects that have been completed for leas then their appropriations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenue and appropriations be made: S. Hi hbush Bumblebee E. Aliak Swires 6 Hi hbush Increase Estimated Revenues: 1982 Municipal Road Grant $28,503 1981 Municipal Road Grant 21,497 350,001) Increase Appropriations: Construction $5s J PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of July, 1985. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: July 3, 1985 Second Reading: July 17, 1985 Effective Dates July 179 1985 Approved by Finance:Aqa I r. .. r fl I l r 1 r 101 G-4 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1066-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE "KENAI BOROUGH SENIOR CITIZEN GRANT" FOR FY 85-86 BY $38,518. WHEREAS, the Kenai Peninsula Borough has awarded a grant to the City in the amount of $33,518 for FY 85-86 for Senior Citizen Program Services; and, WHEREAS, the City of Soldotna has awarded a grant to the City in the amount of $5,000 for FY 85-86 for Senior Citizen Program Services; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenues and appropriations be made: Kenai Borough Senior Citizen Grant Increase Estimated Revenues: Borough Grant $33,518 Soldotna Grant 5 000 Increase Appropriations: Salaries $18,806 Leave 734 PERS 1,456 ESC 167 Health 39200 W/C Insurance 295 Supplemental Retirement 263 Office Supplies 200 Operating Supplies 3,000 Small Toole 100 Professional Services 400 Repair do Maintenance 5,400 Janitorial 2,160 Miscellaneous 2,337 ' Y:4--�:..1►.7.•- : 1.:1 I I j+tJ !' I PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third .� day of July, 1985. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: July 3, 1985 Second Reading: July 3, 1985 Effective Dates July 39 1985 Approved by Finance:, J � r y! f.7 I, s; i i µ I I 4 y - , Suggested by: Administration i i i CITY OF KENAI r ORDINANCE NO. 1067-85 I AN ORDINANCE OF THE COUNCIL �F THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY -OWNED LANDS ARE REQUIRED FOR PUBLIC USE. i WHEREAS, Kenai Municipal Code 22.05.050 provides for the �f t dedication of lands for a public purpose if so determined by Council, and WHEREAS, the Kenai Community Center Committee and Planning and Zoning Commission have gone on record in support of a five -acre site on the bluff overlooking the Kenai River, and , WHEREAS, the most suitable City -owned lands are located between the FAA antenna facility and Bridge Access Road, and N j WHEREAS, approximately 7.2 acres of Tract C, Daubenspeck I ' Subdivision will be needed to accommodate the proposed Kenai Community Center and supporting improvements. I �} NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the described City -owned lands are hereby reserved for public use for the purpose of the development of the Kenai Community Center: J Tract C-1, Daubenspeck Property in accordance with JI Exhibit "A" PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of July, 1985. TOM WAGONER, MAYOR i ATTEST: Janet Whelan, City Clerk First Reading: July 3, 1985 Second Reading: July 17, 1985 Effective Date: August 17, 1985 p.RS4 p� rk'.itc r c-Z N�/' �'iTY L�1u05 to •s ac t •� ,� � ��� i � iNOT \� v � CCi ,b i � 6xisrf�vy � \\ �� Aw1TEti1�Jl� 7.2 .4c C �wsea 4,P R/elOPOSED S418O1 ✓�S�c re acr C , VA4106lV.S,(- I I N t Suggested by: Public Works Director CITY OF KENAI ORDINANCE NO. 1068-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $15,000 FOR ADDITION AND RENOVATION TO THE ANIMAL CONTROL SHELTER. WHEREAS, on September 15, 1984, the City Council enacted Ordinance No. 967-84 which appropriated $26,000 for an addition and renovation of the animal control shelter; and WHEREAS, on June 30, 1985, the unencumbered portion of the appropriation lapsed; and, WHEREAS, the work was not complete by June 30, 1985, and the Public works Director has asked that $15,000 be reappropriated in the 1985-86 year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Federal Revenue Sharing Funds Increase Estimated Revenues: Appropriation of fund balance $15,000 Increase Appropriationss Transfer to General Fund $15,000 General Fund Increase Estimated Revenues: Transfer from Federal Revenue Sharing Fund $150000 Increase Appropriations: Animal Control - Buildings $15,000 j . s Sr. I � I ' i, T PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of July, 1985. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance: C%4 First Reading: July 3, 1985 Second Reading: July 17, 1985 Effective Dates July 17, 1985 %iv i is 14- _ (40 ate 10 Me 11 CONTRACT CHANOI ORONR , Weo no. Walker Lane Extension Lleatnse ' Kenai Alaska To i6"NeffMr iubeck, Inc. IMt 1, 7963 Kenai Spur 111gghway �. eat He- Kenai.Alaska 99611 �*� 2 1st Revision You are hereby requested to empty with the follovoi" eh the a stet plans ad ep#ellicatlonel lam No. Description of Chase$ • quandele$, le$, , unit prices, Cheap In Completion schsild Decrease In coat/ate price Increase In contract prig 1 Additional mobilization, demobilization, surveying and overhoad in connection with about 198 SY of additional pavoment replaeemant. Partially done. One (1) job at a lump sum of $ijoo.00 •0. $'1,"oo.00 ti FOR CGUM L AIUI0 6 OF % �a Itr air. All" Works Cxy CMA `� awwt T..� saumtuty cum Ox sera rayn Chats* In cooaeet prig due to this Choose Orden Total decrease Total bem$$* Difference between Col. I)) and (4) Net (Increase) (de#fease) esnitstl Pitt# The oum of f , ,Sou. con Is booby (addad to) GlnbNxMtnM) the total concocts price. sad do soul adjusted contract pit" to das# thereby is $_. The tlmt provided for completion in the camuct is (athanpd) (Increased) (dectue$d) by coleadar days, This document shall become all amendment to the contract Sol all provisions of the contract will apply hotels. t _ UAa sew . Accepted by f i' • - i/� �' i/ /✓ /� /� ��(il� �a i� r st1 Apposed by tiwMf Ifs 9 i , I I' I N I I I i� kk t� I -n�_. 1 1 i. ,Stu �1 �u t. JUSTIFICATION FOR CNAMON 1 Q ONO. sate 2 list Revision) 1.Neecesityfor ebanpi Different than anticipated grade of existin cul-de-sac paving In colored area required removal and replacement of additional paving for a smooth, free -draining street grade. Ortfllnal planning did not contemplate so much pavement and curb and gutter removal and replacement. L is proposed chonse an aiterasto bid? [] Yes (K1 No S. Vill proposed choose s►ter dw physical site of the proleetr Q Yeo an') !! "Yee," es0N1a, Slight increase to the area of new paving, I. Bilges of $Me dasse on other Film eontaetoror Not appitcebie. vole 1 .oru4r u..,.. S. Nos ceaseas of surely been obalagN ❑ Yes Min necessary i. will this chap site" etpirstiss a *Sias of isswssce eoseasor Yee Q[j me U "Yes," will Ow policies be attended? Byte CINO 7. Bifess ss sperodss and sulsunage $amw This change wilt eliminate what would otherwise become a "bird bath" on the west side of Walker Lane, where the former cut -de -sac 1s being removed to enhance the value of City -owned stest frontage. OWN /eaY gatll lager heel ....-.- .�...�� .�« ..... .- �.�. .«..� �..-- r. �. .w.. J i i n � ' I THE GALLIETT COMPANY A P1110I999IONAL COR►ORATION ENGINEERS 4 SURVtYOR9 RL►ORT9 ONVEYS tiION iU►tRVISION Kenai City Council City Hall 210 Pidaigo P.O. Box 580 `0'P- Kenai, Alaska 99611 01.4�%2. 13 June 1985 s10 efit4. Subject: Change Order No. 1 - Walker Lane Extension 14S t. NINTH AVENUE ANONORAGtr ALASKA 99901 19071 E7E-92I9 (907) 279-32E9 Dear Council Members: I will be unable to attend the City Council meeting on June 19, 1985 to answer possible questions regarding proposed Change Order No.1. We feel, however, that the amount quoted by Mr. Zubeck contained in proposed Change Order No. l for the Walker Lane Extension is reasonable due to the additional survey costs, remoblUation, regrading and delays which were needed to make necessary modifications to the Project. The modifications were mainly due to a high pavement elevation at the center of the former cul-de-sac location in Walker Lane. This high pavement required removal and replacement at a lower elevation to allow proper drainage along the west side of Walker Lane. Very truly yours, Harold H. Galliett, Jr. Registered Civil Engineer HHG:rrg Engineer to the City of Kenai for the Walker Lane Extension i� i - j • � I i k C.O. sent to on I.. C.O. approved by on CHANGE ORDER NO: 1 Project Kenai Municipal Airport Main Apron Extensicd nitia tion Date _ 6-26-85 and Willow street fxtension Contractor Kodiak nntranroXys Tnt-City of Kenai You are hereby requested to comply with the following changes from the contract plans and specifications: Item No. Description of changes - quantities, units, unit prices, change in completion schedule, etc. Increase or (Decrease) 16000(1) F&I cable, L824, 1/C N08 Installed in Conduit - Delete 2388 LF @ $1.00/LF ✓ (2388.00) 6000(1 F&I Underground 24 Conductor N622 Camunication Cable - Delete 1310 LF @ $3.00/Ft&/ (3930.00) Add the Following New Items 6000(11 F&I 50 Pr Conductor Ca=xdcation/Control Cable, Installed in in Conduit 2530 LF @ $4.25/LF 10752.50 20.04( ) Umisable Excavation Disposed of on Project Site Deduct $0.20/Cy Estimate 6,0O0,9y,. '7"t uv,�ti,C l,lt1iING OF .=..L (1200.00) /.,r� rrr►k Oriyini! io.AV �•.bm � j •----... Net change in contract price�•due���o .t-flf,s, �' b:y� _ 3234.50 �I CHANGE IN CONTRACT TIME CHANGE IN CONTRACT AMOUNT 1 (Attached) (Above) is full justification of each item an this C.O. including its effect o,i. operation r,nd maintenance costs. I This C.O. is not valid until signed by both the Owner and Engineer. Kenai City Council Ass to approve all C.O.S. Contractor's signature indicates his agreenent herewith, including any adjustment in the Contract sun or Contract tins. By BY c��%1�... By •rag eer Contractor Owner Date ( f Date G- 2,F�-8S Date L_ t i r ; i } Page Z of 2__ r a i i Projec t Kenai Winicipal Airport Main Apron Extension Willowana reetZension A complete explanation and justification of each item listed on this Change Order including its effect on the operation and maintenance costs is below. Item 16000(i) Delete #8 Conductors. The asbuilt drawings indicated 2 single conductor #8 direct bury wires extended from the terminal building along the East side and North end of the existing apron. These cables were cut during excavation with no adverse effect on any airport equipment. These cables have been abandoned in place as part of a previous project and are not required for operation and have therfore been deleted from this contract. There will be no effect on operation and maintenance costs. Item 16MO(10) 16000(11) Asbuilt drawings and the locates that were obtained during design indicated a single control/comm:nication cable extending from the FSS to the ATC. Through excavation in this area, 3 cables have been discovered. 1 cable belonging to Contel will be relocated outside our excavation area. The remaining 2 cables will be placed in conduit. The asbuilt drawings also indicated that the cable is 24 conductor when in reality it is a 100 conductor. Therefore, a new unit price for 50 pr. (100 Conductor) c=minication cable must be established and the quantity increased to reflect the quantity required for the additional cable found., Fixture operation and maintenance costs will, be lowered because the cables may be positively located and also removed frog the conduit and replaced without excavation. Item 20.04(2A) Tire contractor has requested permission to dispose of approximately 6,000 Cy of waste excavation to a waste site adjacent to the work. Because of reduced maul distance, a $0.20 deduct for unsuitable excavation disposed of at this location has been offered by the contractor. This waste area will be graded smooth and seeded at his expense. Basis of determination j of quantity will be by truck count. ! There should be no effect on future maintenance and operation costs. i i 1 r' •� I . E ' J EMPLOYMENT CONTRACT UOR WILLIAM T.__BRIGNTON This contract, executed on the day of , 1985, constitutes written documea`tion of t e ore emp oyment 9greament previously negotiated and agreed to on the evening of may 70 1985 between the City of Kenai, acting by and through the Kenai City Council, all of whom were present, and William J. Brighton for the position of City Manager during the three fiscal years beginning July 1, 1985, July 1, 1986, and July 1, 1987 at $82,000.00. The compensation during the three your term set forth immediately above shall be paid according to the City of Kenai's regular schedule of salary dispersement and shall be in addition to all benefits regularly given to mangement personnel employed by the City of Kenai so well as any benefits, prerequisites, or additional compensation or benefits which William J. Brighton has enjoyed to date, and which he shall continue to enjoy, in his position as City Manager. It is specifically understood and agreed that this contract is subject to all terms and conditions of the Kenai Municipal Code and the Charter of the City of Kenai as existing on the date hereof. . o �^ hi c q ,, - ` ✓ The parties agree that upon discharge of at the conclusion of the term of this contract, which—syrr-comeb first; that the City shall pay a sum equal to three months compensation within ten days of such event. William J. Brighton agrees to continue carrying out all duties required of the City Manager for the City of Kenai, and further agrees that in the event he should voluntarily discontinue his employment as City Manager during the term hereof, he shall first give sixty (60) days prior notice but shall not be denied any entitlement that may be provided under the laws of the City of Kenai, federal government, or the State of Alaska as a result of such voluntary discontinuance. DATED This day of , 1985. i f4 Yon Wagoner, ayor ism . Brighton, City Manager i > Raymond Measles, John Wise, ` t Couneilsember Couneilmember -v > Ot .a, d � t. 4 4 - t' i M1 i1. rid i ese Hall, Councilmember sally gailio, ! Councilmember 1 1 i hr s on or, -Tom ckor y, Councilmember Councilmember I I I I �I I it �I I I I (77 I 'I iti r I l 4 / I i r i i El EMPLOYMENT CONTRACT FOR TIMOTHY'. ROCERS This contract, executed on the day of , 1985, constitutes written documentation of the or employment agreement previously negotiated and agreed to on the evening of May 7, 1985 between the City of Kenai, acting by and through the Kenai City Council, all of whom were present, and Timothy J. Rogers, for the position of City Attorney during the three fiscal years beginning July 1, 1985, July 19 1986 and July 1, 1987 at an annual salary of $80,000.00. The compensation during the three-year term set forth immediately above shall be paid according to the City of Kenai's regular schedule of salary dispersement and shall be in addition to all benefits regularly given to mangement personnel employed by the City of Kenai as well as any benefits, prerequisites, or additional compensation or benefits which Timothy J. Rogers has enjoyed to date, and which it is agreed he shall continue to enjoy, in his position as City Attorney. It is specifically understood and agreed that this contract is subject to all terms and conditions of the Kenai Municipal Code and the Charter of the City of Kenai as existing on the date hereof. In addition, it is agreed that the City Attorney shall be allocated one Kenai Municipal Airport airplane transient parking ev space as designated from time to time by the Airport Manager for his sole use and benefit for the duration of the aforementioned term. The parties agree that upon discharge or at the conclusion of the / term of this contract, which ever comes first, that the City (/ ' shall pay a sum equal to three months compensation within ten days of such event. Timothy J. Rogers agrees to continue carrying out all duties required of the City Attorney for the City of Kenai, and further f , agrees that in the event he should voluntarily discontinue his ,Nl- employment as City Attorney during the term hereof, he shallVii✓ " first give sixty (60) days prior notice but shall not be denied j any entitlement that may be provided under the laws of the City of Kenai, federal government, or the State of Alaska as a result of such voluntary discontinuance. DATEDs This day of , 1985. .� Tom Wagoner, mayor Timothy 3. Rogers, C ty Attorney Raymond eas es, John Wise, Councilmember Councilmember r u, I Jess Hall, Councllmember Chris Monfor, Councilmembet Sally Boll/e, Councllmember om Ackerly, Councllmember G.. "W / CITY 4F KENAI %Od Cap" of 4i4d"'f 210FIDAM K6NAI,ALASKA M11 TELEPHONE 283- M6 June 289 1985 MEMORANDUM TOs yor Tom Wagoner & Kenai City Council FROMs eff Labahn, Land Manager REs Vacation of Utility Easement - Tract B, FBO Sub. #3 Action Requests Vacation of 10-foot utility easement along side lot lines. Locations Tract B, FSO Sub. #3 Petitioner/Owners Homer Electric Association Existing Status: Easement is not being used for existing or projected utility purpose. Kenai Advisory Planning & Zoning Commissions Recommended a statement of non -objection on June 26, 1985. Borough Planning Commissions Approved the vacation request on Tune 24, 1995. Staff Comments: City of Kenai has no current or anticipated need for the easement. Staff Recommendations Approval of the requested utility easement vacs on. JL/dg 1 i .w � H1 t ( KENAI PENIN93ULA BOROUGH ':'i� l� BOX 850 • SOLOOTNA. ALASKA 99669 PHONE 282.4441 STAN THOMPSON MAYOR June 26, 1985 City of Kenai 210 Fidalgo Street Kenai, AK 99611 REs Vacation of Tract B, F.B.O. Subdivision No. 3, Section 32, T. 6 N., R. 11 W., S.M., City of Kenai Gentlemens In accordance with AS 29.33.220, no vacation of a city street and/or easement may be made without the consent of the city council. This vacation action has been approved by the Planning Commission, therefore, it is being sent to you for your consideration and action. The council has 30 days from June 24, 1985 in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 30 day period, the decision of the Commission will stand. Draft minutes of the Planning Commission and other related information are enclosed. Sincerely, .S. Best Planning Director GSB s to Enclosures ccs Homer Electric Association Box 350 Soldotna, Alaska 99669 Tom 4b 4,, VICI ITY'MAP t4 f. ............. LI M14- ,4 '1 R V r 491, 400 oAo, F T El 7 0 1� I F S O SUBMISIUN NU. s INDICATED 10 FOOT UTILITY EASEMENT s City Of AdIAW, 00n.r BEING VACATED. 210 /140190 gins. AK 99611 LOCATION t0 000 ACRES M/L SITUATED WITHIN THE t 1/2. SE 1/4 SECTION 32, T04, RtIW, S M.. AK AND THE 99NAI PENINSULA 8OROUGH :•;f , SrnyeO by; MCLANE and ASSOCIATES. INC. �. 5ol0ote�, AK VS669 p l KENAI POLICE DEPT. _ P.O. BOX 3173, KENAI, ALASKA 09611 TELEPHONE 283.7878 ros William Brighton, City Managers FROM: Richard Ross, Chief of Police PL iubject: Managers Report To Council 7-3-85 Re: Highway Safety Grant )ate: 7-1-85 tequest you seek authorization to sign a proposed highway safety grant Ipplication in the amount of $168,150.00. This grant will be submitted by July 3th to Highway Safety. he project proposed is a one year pilot project for DWI processing and rosecution. The grant would fund 2 civilian technician positions that would onduct sobriety testing and Intoxemeter exams on all DWI's arrested in the entral peninsula area. This would result in a significatn savings of manhours to ach of the agencies. The grant would also provide for a prosecutor in the istrict Attorney's office to prosecute DWI cases on the Kenai Peninsula. pproximately $100,000.00 of the requested grant would be administered through he City of Kenai. This would consist of salaries and benefits for the 2 civilian schnician positions as well as supplies and equipment. The balance of the grant Auld be administered through the Department of Law. he grant will not bind the City of Kenai to continuation of the project through ocal effort if the project does not receive further funding at the end of the roject period. • i ' I • 1 i 1401 vo� a4l�o �-r I cle, v7-- Tim ROGERS r-t. Att(40.(r CITY OF KENAi • ,1. 46 q �.,A• AW,IA 401, AI Ft.. LEASE OF AIRPORT LANDS THIS AGREEMENT, entered into this day of , 1985, by and between the CITY OF KENAI, My Hall, 2iU—rTJalgo Street, Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City", and FRED MEYERg*INC., 3800 SE 22nd Street, Portland, Oregon 97242, hereinafter called "Lessee". * REAL FBTATE PROPII�IFS, L!1D. That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessri the following described property in the Kenai Recording District, State of Alaska; to wits Tracts B-1 and B-2, Cook Inlet Industrial Air Park Subdivision, Kenai, Alaska i s s A. PURPOSEs The purpose for which the Lease is issued "'—'-- Retail Store and Commercial Shopping Center B. TERMs The term of this Lease is for 99 years, commencing on the 1st day of July, 1985, to the 30th day of June, 2084. C. RENTAL PAYMENT: Subject to the terms of General Covenant No. 9 o s Lease, rental for the above -described land shall be payable as followss 1. Right of entry and occupancy is authorised as of the 1st day of July, 1985, and the first rent shall be computed from such date. 2. the annual rental rate shall be 6: of the fair market value (as set forth and defined in General Covenant No. 9) Of the demised premises, and the rental on the effective date of this Lease shall be $122,730.00 per year, including tax, subject to redetermination pursuant to General Covenant No. 9, based on an appraised value of $2,040,500.00. 3. Annual rent for the fiscal year beginning July 1 and ending June 30 shall be payable in advance on or before the first day of July of each year. If the annual rent exceeds $2,400# then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. 4. Rental for any period which is less than one (1) year shall be prorated based on the rate of the last full year. 5. In addition to the rents specified above, subject to General Covenant No. 9, the Lessee agrees to pay to the appropriate parties all levies, assessments, and chbrges as hereinafter provideds (a) Taxers pertaining to the leasehold interest of the Lessee. (b) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments w+sether rest is paid on a monthly or yearly basis. 1 LESSOR: LESSEE: R1 TIM ROGERS It •f!001,tr CITY OF 111NAI .t.,. .,.:.. �,. (e) lessee agrees to pay all taxes and assessments levied in the future by the City of Kenai, as if Lessee was considered the legal owner of record of the leased property. (d) Interest at the rate of eight percent (8:) per annum and ten percent (10:) penalties of any amount of money owed under this lease which is not paid on or before the date it becomes due. D. GENERAL COVENANTS: I. USESs Except as provided herein, any regular use of lands or—Tiilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. 3. ASSIGNMENT OR SUBLETTING: Lessee with City's written consent, wn1ch will no a unreasonably denied, may aasign for other than collateral purposes, in whole or in part, its rights as lessee hereunder. Any assignee of part or all of the leased premises shall assume the duties and obligations of the lessee as to such part or all of the leased premises. No such assignment, however, will discharge lessee from its duties and obligations hereunder. 4. COSTS AND EXPENSES: Costs and expenses incident to this lease, Including bu no limited to, recording costs shall be paid by Lessee. S. TREATMENT OF DEMISE: The Lessee agrees to keep the premises clean and in good order at its own expense, suffering no strip or waste thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrendur the premises to the City. 6. PAYMENT OF RENT: Checks, bank drafts, or postal money orders shall be ma a payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska. 7. CONSTRUCTION APPROVAL AND STANDARDS: Building construction sha be neat and presentable and compatible wittt its uses and surroundings. Prior to placing of fill material and/or construction of buildings on a leased area, the Lessee shall submit a plan of proposed development of property to the City Planning Commission which shall be approved in writing for all permanent improvements. S. DEFAULT RIGHT OF ENTRY: Should default be made in the payment o any portion of t e rent or fees when due, or in any of the covenants or conditions contained in the Lease or in ,Iny regulations now or hereinafter in force, then in such event ,he City shall by written notice give Lessee thirty (30) days to 2 LESS: LESSEE: FA cure such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take possession of the premises, and remove all persons therefrom. 9. RENT ESCALATION: In the event this Lease is for a term in excess _o7 rive years, the amount of rents or fees Specified herein shall, at the option of either party, be subject to redetermination for increase or decrease based on the per- centage rate (set in C.1, above) of fair market value at intervals of five (5) years from the tat day of July preceding the effective date of this lease. No increase or decrease in the amount of rents or fees shall be effective, until after thirty (30) days written notice. Fair Market Value is defined as "the highest price estimated in terms of money which property will bring if exposed for sale on the open market alloa wing a reasonable period of time to find a purchaser who buys with knowledge of all the uses to which it is adapted and for which it Is capable of being used". This Fair Market Value will be based on the condition of the land on the date of this leasee.& LEASE utilized for.purposesUwlLllnTIO0 scopesed of theds shall be application (made a part of this Lease and attached hereto), the terms of the Lease, the terms of the deed under which the land was granted to the City (and any releases pertinent thereto), in conformity with the ordinances of the City and Borough, and with Kenai Airport Regulations, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed Issas shall constitute a violation of the Lease and subject the Lease to cancellation at any time. Failure to substantially complete the development plan of the land, consistent with the proposed use and terms of the Lease, shall constitute grounds for cancellation. 11. CONDITION OF PREMISES: The premises demised herein are unimproved and are lea-s-0 on an "as is, where is" basis. 12. UNDERLYING TITLE: The interests transferred, or conveyed by'this LessF_a_r_e_s_ub7ect to any and all of the covenants, terms, or conditions contained in the instruments conveying title or other interests to the City. 13. RIGHT OF INSPECTION: City shall have the right at all ressonab e t mes to en er he premises, or any part thereof, for the purposes of inspection. 14. INDEMNIFICATION AND INSURANCE: Lessee covenants to save the City arm ess rom a ac ions, suites, liabilities, or damages resulting from or arising out of any acts of commission or omission by the lessee, his agents, employees, customers, invitees, or arising from or out of the lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. Lessee, at the expense of Lessee, shall keep in force, during the term of this agreement, insurance issued by responsible insurance companies authorized to do business in tlaska, in forms, kinds and amounts as determined and directed by TIM WCERS11 � �fr •:rQpl.t� 3 CITY OF KENAI l 4''. ,n, afi.a &,AS&&,ft , 261 1S3v LESSOR: LESSEE: the City for the protection of City and/or Lessee. Insurance requirement hereunder shall be subject to the sole determination of the City. Said insurance may include, but need not be limited to insurance coverages commonly known as, or similar in kind to, public liability, products liability, property damage, cargo, aircraft, fire, workmen's compensation, comprehensive, builders risk, and such other insurance coverage as deemed required in the sole determination of the City. All policies or endorsements thereto shall in all cases where possible name City as Additional Named Insured thereunder and shall contain a waiver of subrogation against the City. Upon approval by City of all insurance required, in the forms, kinds and amounts directed to be procured, Lessee shall deliver all policy originals or duplicate originals and endorsements thereto to the City for incorporation within this agreement as attachment thereto. In any event, Lessee is not to commence to exercise any of the rights and privileges granted under this agreement until such time as all insurance directed and required to be furnished by Lessee is in full force and effect. Lessee expressly understands and agrees that any insurance protection furnished by Lessee hereunder shall in no way limit its responsibility to indemnify and save harmless Lessor under the provisions of this agreement. No policy of insurance shall be cancelled or amended with respect to the City without thirty (30) days written notice by registered or certified mail to City by the insurance company. Until otherwise directed in writing by the City Manager, Lessee shall provide certificates of insurance within thirty (30) days of the date hereof as follows.. Comprehensive General Liability Combined Single Limit (Bodily Injury and Property Damage) $ 1,000,000 Workmen's Compensation - Statutory limits 'Automobile Liability Combined Single Limit (Bodily Injury and Property Damage) ; 1,000,000 Pat- 15. COLLECTION ON UNPAID MONIES: Any or all rents, charges, fees, or Other consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessen and Lessee's property, real or personal, and the City shall have such lien rights as are allowed by law, and enforcement by distraint may be made by the City or its authorized agent. 16. EASEMENT GRANTS RESERVED: City reserves the right to grant and control easements in, or above the land leased. No such yrant or easement will be made that will unreasonably interfere with the Lessee's use of the land, and TiM ROGERS c •r. •rrowtir. k City Of KENAI LESSOR: "A`"` LESSEE: 283 1sri Tom Rooesks City OF KENAI Lessee shall have free access and use of any and all parking and loading rights, rights of ingress and egress now or hereafter appertaining to the leased premises. IS. SURRENDER ON TERMINATIONS Lessee shall, on the last day of the erm o s Lease or upon any earlier ter- mination of this lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in food order, condition, and repair, except for ressonabie wear and ear since the last necessary repair, replacement, restoration or renewal free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and encumbrances other than those created by and for loans to City. Upon the end of the term of this Lease or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the some and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection herewith. 19. AIRCRAFT OPERATIONS PROTECTEDs (a) There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft In the airspace above the surface and all improvements approved by the City of the premises herein conveyed, together with the right to cause in said airspace such noise 29 may be inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Kenai Airport. (When plans for improvements pursuant to paragraph 7 are approved 'by the City, the City to the extent of those improvements releases the easement here expressed). (b) The Lessee by accepting this conveyance expressly agrees for itself, its representatives, successors, and assigns, that it will not erect nor permit the erection of any structure or object, nor permit the growth of any trees on the land conveyed hereunder, which would be an airport obstruction within the standards established under the Federal Aviation Administration Regulations, Part 77, as amended. In the event the aforesaid covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, and to cut the offending tree, all of which -Shall be at the expense of the Lessee or its heirs, successors or assigns.11 20. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSIONS ;ity hereby agrees an covenants that the Lessee, upors paying I ,ent and performing other covenants, terms, and conditions of his Lease, shall have the right to quietly and peacefully hold, ise, occupy, and enjoy the said leased premises, except that any 5 f LESSURs LE55t:E s U — ' 11M ROGEns Cdr A1109•d. CITY Of KENAI 01 ;, • ., W, .H.A A, AW 4) 15)y inconvenience caused by public works projects in or about the leasehold premises shall not be construed as a denial of the right of quiet or peaceable possession. 21. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessments whichg during the term hereof may become a lien upon or which may levied by the State, Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee may have in or to the property by reason of its use or occupancy or the terms of this lease, provided however, that nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures outlined in State statutes. 23. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly under s oo a e City shall not be construed or held to be a partner or joint venturer of Lessee in the conduct of business on the demised premises; and it is expressly understood and agreed that the relationship between the parties hereto is, and shall at all times remain landlord and tenant. 24. DEFAULT BANKRUPTCY ETC.: If the Lessee shall make any assign —me- n or one ene of -creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the lease@ or Lessee's assets, or any interest under this Lease, and if the appointment of the receiver is not vacated within thirty (30) days, or if a voluntary petition is filed under Section 18(s) of the Bankruptcy Act by the Lessee, then and in any event, the City may, upon giving the Lessee thirty (30) days' notice, terminate this lease. 25. NONDISCRIMINATION: The Lessee, for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: (a) No person on the grounds of race, color, or national origin shall be excluded from participation 'in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (b) In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination; (c) The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of T-vansportation Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; (d) In the event facilities are constructed, maintained, or otherwise operated on tt:e said property described in this lease, for a purpose involving the provision of similar services or benefits, the Lea.ine !J LESSOR: LESSEL: r it shall maintain and operate such facilities and servicrs in compliance with all other requirements imposed pursusant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation - Effectuation of title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 26. PARTIAL INVALIDITY: If any term, provision, condition, or par o s lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue in full force and affect as though such declaration was not made. 27. MODIFICATIONS: No lease may be modified orally or in any manner o er en by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval. 28. WARRANTY: The City does not warrant that the property which is the subject of this Lease is suited for the use authorized herein, and no guarantee is given or implied that it shall be profitable or suitable to employ the property to such use. The City will not be held responsible for any water erosion of the land. 29. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and en oree reasonable rules and regulations governing the demised premises and the public areas and facilities used in connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by the City shall become applicable unless Lessee has been given thirty (30) days notice of adoption or amendment thereof. 30. NON -LIABILITY: City shall not be liable to Lessee for any m nut on or deprivaton of possession, or of Lessee's right hereunder, on account of the exercise of any such right or authority as provided in this or the preceding section, nor shall Lessee be entitled to terminate the whole or any portion j of the leasehold estate herein created, by reason of the exercise 9 of such rights or authority, unless the exercise thereof shall so J interfere with Lessee's use and occupancy of the leasehold estate as to constitute a termination in whole or in part of this lease by operation of law in accordance with the laws of the State of Alaska and of the United States made applicable to the states. 31. FINANCING: (a) For the purpose of interim or permanent financing or refinancing from time to time of the improvements to be placed upon the leased premises, and for no other purpose, Lessee, after giving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment or other appropriate instrument, Lessee's interest in the leased premises and in and to this l Lease, provided such encumbrance —pertains only to such leasehold interest and does not pertain to or create any interest in City's title to the leased premises. I If such mortgage, deed of trust, or assignment shall be held by a bank or other established lending or financial institution (which terms shall include an established insurance company and qualified pension or profit sharing trust) and such institution shall acquire the Lessee's interest in such Lease as a result TIM RoalAs c•7. anor� 7 -FITY OF KENAI LESSOR: gyp. ea 4A. A'A5.•."II LESSEE: a; s» i Of a sale under said encumbrance pursuant to a fore- closure or other remedy of the secured party, or through'any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or con- templated foreclosure action, such lending institution shall have the privilege of transferring its interest in such Lease to a nominee or a wholly owned subsidiary corporation with the prior consent of the City, provided, however, such transferee shall assume all of the covenants and conditions required to be performed by the Lessee, whereupon such lending institution shall be relieved of any further liability under such Lessee from any default after such transfer. Such lending institution or the nominee or wholly owned subsidiary corporation to which it may have transferred such Lease, or any other lending institution which may at any time acquire such lease shall be relieved of any further liability under such lease from and after a transfer of such lease. (b) A leasehold mortgagee, beneficiary of a deed of trust or security assignee, shall have and be subrogated to any and all rights of the Lessee with respect to the curing of any default hereunder by Lessee. (e) If the holder of any such mortgage, or the beneficiary of any such deed of trust, or the security assignee shall give the City before any default shall have occurred in the Lease, a written 'notice containing the name and post office address of such holder, the City shall thereafter give to such holder a copy of each notice of default by the Lessee at the some time as any notice of default shall be given by the City to the Lessee, and the City will not thereafter accept any surrender or enter into any modification of this Lease without the prior written consent of the holder of any first mortgage, beneficial interest under a first deed of trust, or security assignee, in this Lease. (d) If, by reason of any default of the Lessee, -fthPr this lease or any extension thereof shall be terminated at the election of the City prior to the stated expiration therefor, the City will enter into a new Lease with the leasehold mortgagee for the remainder of the term, effective as of the date of such termination, at the rent and additional rent, and on the terms herein contained, subject to the following conditions: (1) Such mortgagee, beneficiary or security assignee, shall make written request to the City for such new Lease within twenty (20) days after the date of such termination and such written request shall be accompanied by a payment to the City of all sums then due to the City under this Lease. (2) Such mortgagee, beneficiary, or security assignee, shall pay to the City, at t;he time of the execution and delivery of such new lease any and all sums due thereunder in addition to those which would at the time of the execution and delivery thereof be due under this Lease but for such termination, and in addition thereto, any TFM RoagnS O C•,. ArrADr.f • O C{tr C-0 KFNAJ • w , •A, {yA� 1A'..A GDn• /h • �S lq LESSOR: LESSEE: l TIM ROOERS itv Af?OVNI r ! CITY OF KENAI ! . _ n,. ems, •t NA. A;A'AA Weu aA, rsiv reasonable expenses, including legal and attorneys' fees, to which the City shall have been subjected by reason of such default. (3) Such mortgagee, beneficiary, or security assignee shall, on or before the execution and delivery of such new Lease, perform all the other conditions required to be performed by the Lessee to the euLent that the Lessee shall have failed to perform such conditions. (a) If a lending institution or its nominee or wholly owned subsidiary corporation shall hold a mortgage, deed of trust, or similar security interest in and to this Lease and shall thereafter acquire a leasehold estate, derived either from such instruments or from the City, and if such institution, nominee, or corporation shall desire to assign this Lease or any new Lease obtained from the City (other than to a nominee or to a wholly owned subsidiary corporation as permitted by the above provisions) to an assignee who will undertake to perform and observe the conditions in such Lease required to be performed by the Lessee, the City shall not unreasonably withhold its consent to such assignment and assumption, and any such lendinq institution, nominee, or subsidiary shall be relieved of any further liability under such Lease from and after such assignment. If the proposed assignor shall assert that the City is unreasonably withholding its consent to any such proposed assignment, such dispute shall be resolved by arbitration. 32. AMENDMENT OF LEASE: Notwithstanding anything to the contrary, in or er to aid the— Lessee in the financing of the improvements to be situated herein, City agrees that in the event the proposed mortgagee, beneficiary, or security assignee under any interim or permanent loan on the security of the leasehold interest of the Lessee and the improvements to be situated thereon so requires, the City will make a reasonable effort to amend this Lease in order to satisfy such requirements upon the express condition and understanding, however, that such variance in language will not materially prejudice the City's right hereunder nor be such as to alter in any way the rental obligations of the Lessee hereunder nor its obligations to comply with all existing laws and regulations of the City relating to the leasing of airport lends, and to all applicable Federal statutes, rules, and regulations, and all covenants and conditions of the deed by which the City holds title to the land. 33. COMPLIANCE WITH LAWS: (a) Lessee shall observe, obey, and comply with all applicable laws, ordinances, rules, and regulations of the federal, state, borough, or city governments or of any other public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and ways adjacent thereto or any buildings, structures, fixturesr and improvements or the use thereof, whether or not any such laws, ordinances and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. LESSOR: LESSEE: T:M ROOERS C.r. Airp91K. CITY OF KENAI " " NJ UP, RINA. A,Ap A 99,1 I !!J ?l1V (b) Lessee agrees to hold City financially harmlesss (1) From the consequences of any violation of such laws, ordinances, and/or regulations; and (2) From all claims for damages on account of injuries, death, or property damage resulting from such violation. (c) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid wittl respect thereto, including zoning ordinances, rules, and regulations. 34. CARE OF PREMISES: Lessee, at its own cost and expense, shall keep a ease premises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire term of this Lease. 35. SANITATIONs The Lessee shall comply with all regulations or ordinances of the City which are promulgated for the promotion of sanitation. The premises of the lease shall be kept in neat, clean, and sanitary condition, and every effort shall be made to prevent the pollution of water. 36. LESSEE'S OBLIGATION TO REMOVE LIENS: Lessee will not permit any liens incluOing, out not 11mrCO-3-To', mechanics', laborers', or materialmen s liens obtainable or available under, the then existing laws, to stand against the leased premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of Lessee, provided, however, Lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee will immediately pay any judgement rendered with all proper costs and charges and shall have such lien released or judgement satisfied at Lessee's own expense. 37. CONDEMNATIONs In the event the leased premises or any part thereo s a e condemned and taken for a public or a quasi -public use, then upon payment of any award or compensation arising from such condemnation, there shall be sucts division of the proceeds, such abatement in rent payable during the term or any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If the City and Lessee are unable to agree within thirty (30) days after such an award has been paid into Court, upon what division, annual abatement in rent, and other adjustments are just and equitable, the dispute shall be determined by arbitration. 38. PROTECTION OF SUBTENANTS: ~To protect the Position of any subten—a-n-f-(-s7hereafter properly obtaining any interests in the leasehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, expiration, or surrender of this Lease (the ground lease), the City will accept the Subtenant, it successors and assigns, as its lessee for a period equal to the full unelapsed portion of the term of the sublease, including any extensions or renewals 10 LESSOR: LESSEE: ►, thereof, not exceeding the term of this Lease, upon the same covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this Lease, provided such subtenant shall make full and complete attornment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the subtenant with the same force and effect as though such sublease was originally made directly between the City and such subtenant; and further provided such subtenant agrees to comply with all the Provisions of the ground lease and all the terms of any mortgage, deed of trust, or security assignment to which such leasehold estate is subject. , 39. SUCCESSORS ININTERESTs This Lease shall be binding upon and sholi inure to e enefit of the respective successors and assigns of the parties hereto, subject to such Specific limitations on assignment as are provided for herein. 40. GOVERNING LAWs This indenture of Lease shall be governed in all —respects bythe laws of the State of Alaska. 41. NOTICES s (a) Any notices required by this Lease shall be in writing and shall be doomed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelops addressed to the parties at the address set forth in the opening paragraph of this lease unless such address has been changed pursuant to sub -paragraph (b) hereafter, and in that case shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. The City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, or security assignment. '(b) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 42. RIGHTS OF MORTGAGEE OR LIENHOLDERs In the event of cancellation or forfelture o a -ease for cause, the holder of a properly recorded mortgage, deed of trust, conditional assignment or collateral assignment will have the option to acquire the Lease for the unexpired term thereof, subject to the terms and conditions as in the original lease. 43. ENTRY AND RE-ENTRYs In the -event that the Lease should be terminoted as hereinbefore provided, or by summary Proceedings or otherwise or in the event that the demised lands or any part thereof should be abandoned by the Lessee during said term, the Lessor or its agents, servants, or representatives may, immediately or any time thereafter, re-enter, and resume )ossession of said lands or such part thereof, and remove all )ersons and property therefrom, either by summary proceedings or Tim AOGQAS 'r •u.,r•.t. GtV OF KENAJ LESSOR; ,�••n, A«;.Aw6, I LESSEE r y l i L -- by a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the Lessor shall be deemed an acceptance of a surrender of the Lease. 44. RETENTION OF RENTAL: In the event that the Lease should be terminated because of any breach by the Lessee as herein provided, the rental payment last made by the Lessee shall be retained by the Lessor as partial or total liquidated damages fur said breach. 45. WRITTEN WAIVER: The receipt of rent by the Lessor with knowledge of any breach of the Lease by the Lessee, or any default on the part of the Lessee in observance or performance of any of the conditions or covenants of the Lease, shall not be deeme9 to be a waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any convenent or provision therein contained, nor any waiver of any right thereunder by the Lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the Lessor to enforce the some in the event of any subsequent breach or default. The receipt, by the Lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving by the Lessor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given thereunder by the Lessor to the Lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the Lessor. 46. BUILDING AND ZONINn COOESs Leased lands shall be utilized in accordance w e u ing and zoning ordinances and rules and regulations of said authority. Failure to do so shall constitute a default. 47. FIRE PROTECTIONS The Lessee will take all reasonable precautions to prevent, and take all necessary action to supress destructive or uncontrolled grass, brush, or other fires on leased lands, and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. '48. PERSONAL USE OF MATERIALS: All coal, oil, gas, and other minerals and-aand-all deposits of stone or gravel valuable for extraction or utilization and all materials subject to Title II, Division I, Chapters 4, 5 and 6 of the Alaska Administrative Code are excepted from the operation of a surface Lease. Specifically, the Lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat moss, topsoil, or any other material valuable for building or commercial purposes; provided, however, that material required for the development of the leasehold may be used if its use is first approved by the City Manager. 49. MUTUAL CANCELLATION: Leases in qood standing may be cancelled n whole or in part at any time upon mutual written agreement by Lessee and the City rpuncil. 50. UNLAWFUL USE PROHIBITED$ Lessee shall not allow the leasehold promises to be use or an unlawful purpose. 51. APPROVAL OF OTHER AUTHORITIESs The issuance by the City of leases does not relieve the Lessee of responsibility of obtaining licenses or permits as may be required by duly authorized Borough, State, or Federal agencies. TIM Roams .., f,.,..e , 12 OF 91NA1 . .. • .'d. W61 LESSORS LE55E:E s A k' ran.• • •. ..r:.- --• , I M 52. APPLICATION MADE PART OF LEASEs The application for lease upon w c s ease a ass , the building infor. mation and preliminary site plan filed therewith, and the sheet entitled "For Your Information" setting forth the conditions for acceptance and approval of the application, all of which are attached hereto and denominated Exhibit "A", are hereby incorporated by reference and made a part of this Lease. lessee shall be required to submit a final site development plan which shall be reviewed by the Kenai Advisory Planning A toning Commission, Kenai City Council and Administration. No =18ttuction shall commence prior to written approval by the City. Said final site development plan shall address all items in the lease application checklist as well as any other items so specified by the City. 53. COMPLETION OF CONSTRUCTIONs The Lessee hereby agrees to complete construction of improvements described in the lease application attached hereto and specifically incorporated herein within the time frame specified in the lease applicatinn, to wits Phase Is Beginning Date - July 1, 1986, Completion pate Q June 30, 1987. d-a • • w that if,construction Is not comp e e bylsuchedate aedefaults shall exist and the City may proceed to reenter and terminate the lease as provided by General Covenant No. 8. THE ATTACHED ADDENDUM IS INCORPORATED HEREIN BY THIS REFERENCE IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. LESSORS LESSEE s (If Lessee is a Corporation) ATTESTs Name Tim ROOERS �. r. 13 City OF KENA► *'•'►..W I". •t�S.a ypp„ CITY OF KENAI Sys William J. Brighton City Manager i REAL ESTATE PROFERTIES, FRED MEYERX Sys I President Title I I LESSORS LESSEEs ' 1 I 1 I ' t I 5 , - I T:M ROGERS 1 Clio A1TC)ao.If CITV Of KENAI P ( • so. awe 41.f1.Al Z{ &A ft,1 �! 210.1150 STATE OF ALASKA )as THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 19859 Names , Titlet , of FRED MEYER, INC., a ng persona ly known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. Notary u c for Alaska My Commission Expires: STATE OF ALASKA ) THIRD JUDICIAL DISTRICT )as THIS IS TO CERTIFY that on this day of 1985, WILLIAM J. BRIGHTON, City Manager off` the City of Kenai,' Al.oka, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary u11C For A sake My Commission Exriabss Approved as to lease form by City Attorney is s Appro�Id by Finance Director n a e Approved by City Manager t in I St a rs7— LEASE APPROVED by City Council this day of 1985. 14 y Clark LESSOR: LESSEE: ' 1 a 1 0 NO cer . Woo 800he88122nd evenut p.o. box 42121. portlena, orepon 07242 • telephone (503)232.884t • TLX 3tf0415 ADDENDUM TO LEASE DATED: BETWEEN: CITY OF KENAI$ a home -ruled municipal corporation of Alaska City Hall, 210 Fidalgo Street Kenai, Alaska 99611 City AND: FRED MEYER REAL ESTATE PROPERTIES, LTD., an Oregon limited partnership PO Box 42121 Portland, Oregon 97242 Lessee 1. Rental. 1.1 Annual Rent. Lessee opts to pay rent in equal monthly installments on the first day of each month, pursuant to Paragraph 3 of Section C of the Lease. Rent for the first month of the lease term in the amount of $10,227.50 (including tax) has been paid by Lessee contemporaneously with its execution of this Lease. 1.2 Additional Assessments and Charges. Paragraphs 5(c) and (d) of Section C are modified and amended to read as follows: "(c) Lessee agrees to pay all taxes and assessments levied in the future by the City of Kenai on the leased property, as if Lessee was considered the legal owner of record of the leased property. "(d) Interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties on any delinquent rent or other amount owed to the City under this lease which is not paid on or before the date it becomes due and remains unpaid 14 days thereafter. If interest and penalties are assessed they will be imposed retroactive to the due date of the payment. In the event that payment is not received by the City in a timely manner through no fault of Lessee, the City will consider a waiver of the interest and penalty." 1.3 Rent Escalation. The appraiser(s) under Para- graph 9 of Section D will be qualified incependent appraiser(s) having knowledge with respect to real estate values for commer- cial ground leases. Either party may initiate the appraisal process by notice to the other party. The appraiser(s) will be provided with a copy of the appraisal made in connection with the determination that the current Fair Market Value of the Property is $2,040,500 (or most recent appraisal available). Either party may submit to the appraiser(s) additional written information pertaining to the determination of the Fair Market Value. Any adjustments to the Fair Market Value during the lease term will be based on changes from the date of this Lease in the value of the Property as undeveloped land, and will spe- In the Nodhwhf. it's MY•TE-RNE! cifically exclude increases in value based on Lessee's improve- ments or its development of the Property. Except as may otherwise be approved by the parties, the appraiser(s) will be a panel of three independent appraisers having the qualifications stated above. Each party will select an appraiser and the two appraisers will select the third (or, if they cannot agree, the presiding or senior judge of the Judi- cial district court of general jurisdiction shall select the third appraiser). The appraisal process will be initiated not later than 90 days prior to the five-year anniversary date and completed as soon as possible, but in any event not later than 30 days before the five-year anniversary date. Neither party is required to submit written material to the appraisers, and there will be no oral arguments or arbitration or court -like proceed- ings required in order for the appraisers to review and deter- mine any adjustment to the Fair Market Value. A copy of the determination in writing will be given to both parties when a majority of the appraisers agree on the Fair Market Value. The appraisal will be made not earlier than six months prior to the rent adjustment date. Any additional cost of the use of more than one appraiser will be borne by Lessee. 2. Use, Development and Care of Property. 2.1 Use of Property. The City hereby consents and approves that Lessee may use the Property for a commercial shop- ping center development, and any other lawful purpose permitted by applicable zoning, other governmental regulations and the requirements in the underlying title instruments described in Paragraph 12 of Section D of the Lease. Such use will consti- tute an approved use of the Property pursuant to Paragraphs 1 and 10 of Section D and other provisions of the Lease. 2.2 Development by Lessee. Subject to Lessee's compliance with applicable building, zoning and other govern- mental requirements and the requirements of Paragraph 7 of Section D and other provisions of the Lease, the City grants its permission to the development and improvement of the Prop- erty as a commercial shopping center pursuant to plans to be approved as described in Paragraph 7. Lessee may develop and construct improvements on the Property in connection with such development. 2.3 Alterations. Thereafter during the lease term, Lessee may make such alterations and additional improvements on the Property as Lessee may deem advisable, so long as the value of the Property is not diminished. All alterations and improve- ments shall be made in a good and workmanlike manner, in compli- ance with applicable laws and ordinances and in accordance with the standards specified in this Lease. 2.4 Inspection. Exercise of the City's right of inspection under Paragraph 13 of Section D will be made at rea- sonable times and upon reasonable prior notice to Lessee. 2.5 Easements by City. The provisions of Para- graph 16 of Section D of the Lease repeat the requirements of the Kenai Municipal Code and are designed to permit the City to grant easements which are required in connection with the con- struction of improvements, the provision of utilities to the leased property, or the development of the leased property. The parties do not anticipate that the City will be responsible for constructing the improvements or developing the property, but r® C=� expect that the granting of necessary easements (if any) will be made in accordance with Lessee's development plans approved by the City during the lease term. 2.6 Costs, Expenses, Special Services. The parties do not intend under Paragraph 4 of Section D of this Lease that Lessee be required to pay the City's own costs (administrative or legal) incident to this Lease. Lessee will be responsible for any recording fees for this Lease. Paragraph 22 of Section D (Special Services) is inapplicable to this Lease and has been deleted. 2.7 Consistent Rules. Paragraph 29 of Section D is amended and restated as follows: "City reserves the right to adopt, amend, and enforce reasonable rules and regulations consistent with the terms of this Lease governing the public areas and facilities used in connection with the Prop- erty. Except in cases of emergency, no rule or regulation hereafter adopted or amended by the City shall become applicable unless Lessee has been given thirty (30) days' notice of adoption or amendment thereof." 2.8 Right to Contest. Under Paragraph 33 of Section D, Lessee may elect to contest in good faith any law, ordinance, regulation or other governmental requirement by appropriate proceedings, so long as the City's property interest is not jeopardized. 2.9 Care of Property. Lessee's obligations with I� respect to the care of the Property will be to take reasonable �I steps to keep it in good condition and repair, reasonably neat, clean and sanitary. Under Paragraphs 35 and 47 of Section D, ` Lcasee shall be responsible for complying with all regulations or ordinances generally promulgated by the City for promotion of sanitation or fire protection and to take reasonably necessary actions to prevent the pollution of water or suppression of fires. 2.10 Building and Zoning Codes. Under Paragraph 46 of Section D, failure to comply with building and zoning codes will constitute a default if Lessee fails to correct or commence correction of the problem within a reasonable time after notice by the City specifying that Lessee will be in default under this Lease if the noncompliance is not corrected, subject to Lessee's right to contest any claim of noncompliance by appropriate pro- ceedings permitted by the Kenai Municipal Code. 2.11 Inability to Obtain Building Authorizations. In the event Lessee is unable to obtain building permits for con- struction of the shopping center improvements or other necessary authorizations or actions required to permit Lessee to construct the improvements within the time period specified in the Lease, Lessee may cancel the Lease by written notice to the City. Rent will be prorated and adjusted between the parties as of the date of termination. Lessee will be solely responsible for the costs of any surveys, applications or studies performed on the Prop- erty and will comply with the other provisions of the Lease concerning surrender of the Property to the City on lease termination. This provision will be inapplicable after commencement of construction of the buildings at the start of the lease term. Ea °msn��l 3. Liens and Liability. 3.1 Election to Contest. Lessee may withhold payment of any lien, claim or other demand if a good faith dispute exists as to the obligation to pay, so long as the City's prop- erty interest is not jeopardized. If the Property is subjected to a lien as a result of nonpayment, Lessee shall provide the City with security or assurances reasonably acceptable to the City that Lessee can and will satisfy the lien before enforce- ment against the Property, including but not limited to escrows, bonds or deposits. 3.2 Limitation on Liability. The parties recognize that Lessee is a limited partnership. Notwithstanding any other provision of this Lease, the parties agree that liability of Lessee will be limited to the assets of Lessee, no parties of Lessee will have any personal liability for any of Lessee's obligations, and the City (and all creditors of Lessee) shall, for the satisfaction of any obligations of Lessee, have recourse solely to the assets of Lessee and not the assets of any partner of Lessee." 4. Insurance and Damage. Paragraph 14 of Section D is modified and amended by this paragraph 4: 4.1 Form of Insurance. All policies shall be in a form and with companies reasonably acceptable to the City, may be part of blanket coverage relating to various properties oper- ated by Lessee and may contain reasonable deductibles. Lessee may partially self -insure to an extent which is reasonable in relation to its financial worth and reasonably acceptable to the City. Lessee will deliver to the City certificates of such insurance coverage within 30 days prior to the expiration of the term of each such policy. Each certificate of insurance shall contain an endorsement or provision requiring not less than 30 days' written notice to Lessee prior to any change or cancella- tion. Policies will contain or permit a waiver of subrogation against the City, at no cost to the City. 4.2 Types of Insurance Coverage. Insurance require- ments under the Lease shall be subject to the City's reasonable approval. Lessee is not required to maintain cargo and aircraft coverage or other coverage that is not reasonably applicable to Lessee's use of the Property. 4.3 Waiver of Subrogation. Neither party shall be liable to the other for any loss or damage caused by water dam- age or any of the risks covered by a standard fire insurance i policy with extended coverage endorsements, and there shall be no subrogated claim by one party's insurance carrier against the other party arising out of any such loss. 4.4 Casualty at End of Lease Term. During the last 10 years of the Lease, if fire or other casualty causes damage to the buildings on the Property in an amount exceeding 20 per- cent of their sound value, Lessee may elect to terminate this Lease by giving written notice of such termination to the City within 90 days following the date of damage, subject to the requirements of Paragraph 18 of Section D of the Lease. 5. Assignment, Subletting and Financing. ` 5.1 Assignment or Subletting. Consent to assignment of this Lease shall not be required in the case of assignment occurring because of a reorganization or assignment to substan- tially the same individuals or entities continuing the business i of Lessee or for an assignment of this Lease to Fred Meyer, Inc. of Alaska. Lessee may sublet all of the Property to Fred Meyer, Inc. of Alaska, and all or any portion of the Property may be 4 sublet to other responsible subtenants without the necessity of further consent from the City. 5.2 Financing by Lessee. Under Paragraph 31 of Sec- tion D, a leasehold mortgagee, trust deed beneficiary or secu- rity assignee (the "lender") will not be obligated to "cure" any insolvency default of Lessee or.other default not capable of being cured by the lender so long as the lender otherwise takes action consistent with this Lease to foreclose upon or obtain Lessee's leasehold interest. Upon obtaining pos- session or acquiring Lessee's interest under this Lease, the lender or its transferee shall promptly cure all defaults then reasonably curable by it and comply with the provisions of Para- graph 31. Insurance proceeds shall be applied as required under the construction and permanent financing with the lender. Effective upon the commencement of the term of any new lease executed pursuant to Paragraph 31 or upon the creation of a direct lease between the City and a subtenant of the entire Property as described in paragraph 5.3 below, all subleases shall be assigned and transferred without recourse to the successor in interest of Lessee under this Lease, and all moneys on deposit with the City which Lessee would have been entitled to use but for the termination of this Lease may be used by the successor in interest of Lessee under this Lease. 5.3 Protection of Subtenants. Paragraph 38 of Sec- tion D, concerning the protection of subtenants, is modified and amended by this paragraph 5.3. In the event this Lease is ter- minated for Lessee's default during the term of the sublease, the City will recognize and permit Fred Meyer, Inc. as subtenant of the Property to assume Lessee's position under this Lease, and Fred Meyer, Inc. (or other subtenant of the Property) will attorn to and recognize the City as landlord under the same terms and provisions as contained in this Lease. In that event, the City will be entitled to receive rent directly from Fred Meyer, Inc. (or other subtenant) hereunder in the amounts speci- fied in this Lease and the rights and interests of any sub- tenants of Fred Meyer, Inc. will not be affected or disturbed. 6. Condemnation. 6.1 Substantial Taking. If the entire Property is condemned, or if any portion of the Property or access or adja- cent roadway is taken with the result that the Property is unsuited for continued profitable operation by Lessee, then this Lease shall terminate as of the date upon which possession is taken by the condemning authority. The net condemnation pro- ceeds shall be divided between the City and Lessee in proportion to the value of their respective interests in the buildings and Property immediately prior to the termination of this Lease. 6.2 Partial Taking. In the event of a partial taking by condemnation of the Property, access or roadway as described above, and paragraph 6.1 does not apply, the condemnation pro- ceeds shall be made available as the interests of the parties may appear. The rent shall be abated in a just and equitable manner during the period of restoration to the extent the Prop- erty is not reasonably usable for Lessee's use. After restora- tion, the rent shall be reduced for the remainder of the current lease term by the same percentage change as the difference in the fair rental value of the Property immediately after, com- pared to the fair rental value immediately before, the partial taking by condemnation. 7. Default and Entry. Notwithstanding any other provi- sion of Section D of the Lease, the City will not exercise any 5 06K,-, right to cancel or terminate the Lease, reenter the Property or other remedial action for default without first giving Lessee at least 30 days' written notice specifying the nature of the default with reasonable particularity. If the default is of such a nature that it cannot be remedied fully within the 30-day period, this requirement shall be satisfied if Lessee begins correction of the default within the 30-day period and there- after proceeds with diligence and in good faith to effect the remedy as soon as practicable. S. General Provisions. 8.1 Estoppel Certificates. Within 15 days (or such other time as is reasonable under the circumstances) after receipt of a written request, either party shall deliver a writ- ten statement to the other stating the date to which the rent and other charges have been paid, whether the Lease is unmodi- fied and in full force and effect, whether the other party is in compliance with this Lease and any other matters that may reasonably be requested. 8.2 Notices. Upon a showing by the proposed recipi- ent of a notice that the notice was not received in a timely manner, by no fault of such recipient, the time period for response to the notice will be extended for a reasonable time. 8.3 Attorneys' Fees. In the event suit or action is instituted to interpret or enforce the terms of this Lease, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorneys' fees at trial, hearing or on appeal of such suit or action, in addition to all other sums provided by law. 8.4 Authorization of Lease. Each party covenants and warrants to the other that the person(s) executing this Lease on behalf of the party is duly authorized to execute and bind the party under this Lease. 8.5 Consent. Whenever either party's consent or !, it approval is required under this Lease, such consent will not be r unreasonably withheld or delayed. Lessee acknowledges that City Council approval may be required in some instances. No changes to the economic terms of this Lease will be required as a con- dition to granting consent. Any consent granted by a party { under this Lease shall not constitute a waiver of the require- ment for consent in subsequent cases. 8.6 Headings. The headings to the paragraphs of this Lease are included only for the convenience of the parties and shall not have the effect of enlarging, diminishing or affecting the interpretation of its terms. 8.7 Joinder in Instruments. Upon reasonable request from time to time, the City shall join with Lessee in any conveyance, dedication, grant of easement or license or other instrument pertaining to the Property as shall be reasonably necessary or convenient to provide public utility service to the Property or in order to allow development of the Property by Lessee. The City shall not be required to incur any cost or expense by virtue of the provision of this paragraph. 8.8 Force Majeure Delays. The time periods for Lessee to complete construction of improvements specified in the Lease or to perform obligations will be tolled during any period in which Lessee is prevented or delayed in completing such con- struction or performance as a result of labor disputes, short- ages of materials, governmental orders, regulations, embargoes, acts of God, unusually inclement weather, fire, flood or other casualty or other cause beyond Lessee's reasonable control, in 6 m4K which event such construction or performance shall be completed as soon as possible. 8.9 Conflict in Terms. Notwithstanding any provision to the contrary contained in this Lease, in the event there is now or hereafter a conflict between this Lease, or any part of it, whether specifically set forth, attached, incorporated by reference, or in any other manner made a part hereof, and any law, ordinance, charter or regulation of the Federal, State of Alaska or City of Kenai, said law, ordinance, charter or regula- tion shall control. 9. Right to Purchase Property. 9.1 Purchase of Property. Lessee shall have the right to purchase the Property during the lease term, in accord- ance with the terms of this Lease and the Kenai Municipal Code. The total purchase price for the Property shall be the Fair Mar- ket Value of the land, excluding the value of Lessee's improve- ments or resulting from Lessee's improvements or its development of the Property. The appraisal may be performed by a qualified independent appraiser which may be selected by Lessee and approved by the City. Lessee at its expense may cause the appraisal to be performed prior to its making application to purchase, and the appraised Fair Market Value arrived at in accordance with this Lease and the Kenai Municipal Code shall be determinative of the purchase price for the Property for a period of six months. 9.2 Payment of Purchase Price. The total purchase price shall be the appraised Fair Market Value determined as described above, payable in cash at closing (or Lessee may elect to pay it pursuant to any deferred payment terms then offered by the City pursuant to Municipal Code requirements). The manner and terms of such sale to Lessee shall be in compliance with the requirements of Kenai Municipal Code, a copy of which has been delivered to Lessee. Lessee will be responsible for any inci- dental costs provided for in the Kenai Municipal Code. IN WITNESS WHEREOF, the parties have executed this instrument as of the date first above written. LESSOR: CITY OF KENAI By William J. Brighton City Manager LESSEE: FRED MEYER REAL ESTATE PROPERTIES, LTD., an Oregon limited partnership I3y h1 STATE ©P ORRCiON ) County of Multnomah � as, this The foregsng instrument was acknowledged before me Preeiri t of nED ��uuMMR ESTATE985, PROPERTIESS,, L S. R08an Ore, the lim- ited partnership, on behalf of the limited LTD•, an Oregon partnership. Notary Public for Oregon My commission expiress d,1M STATE OF ALASKA Residing at:,ork:,,,� Re41 THIRD JUDICIAL DISTRICT jss THIS IS TO CERTIFY that on this day of 1985, WILLIAM J. BRIGHTON, City Manager o the City of Kenai,� Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before*me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Pu c for A aska My Commission Expires: Approved as to lease form by City Attorney f a s Approved by Finance Director n is s Approved by City Manager _ Tin-rfi a=8 LEASE APPROVED by City Council this 1985. day of it City Clerk LESSOR; LESSEE: 08101fte Haskins-lelk 39M U. S. Bancorp Towor Portland, Oregon 97204 (003)222.1341 TWX 910464.8034 Mr. Tim Rogers July 2, 1985 City of Kenai, Alaska To Whom It May Concern: As requested by Mr. Steve Gale of Fred Meyer, Inc., please be advised that: 1. We have examined the financial statements of Fred Meyer Real Estate Properties, Ltd. (a limited partnership) for the year ended December 31, 1984 and have rendered our opinion thereon dated February 22, 1985. 2. We have not examined any financial statements of Fred Meyer Real Estate Properties Ltd. for any date or period subsequent to December 31, 1984. Based on the above, we report to you that the totals of the assets and of the partnership capital accounts as reflected in the audited balance sheet at December 31, 1984 are in excess of $300,000,000 and $100,000,000, respectively, at that date. Yours truly, IMP MEMO TO: Kenai City Council FROM: Charles A. Brown, Finance Director DATES June 26, 1985 SBBJECTs Stellar Drive Assessment District Today, the final assessment roil for the Stellar Drive assessment district was filed with the City Clerk. The next step is for the Council to act a public hearing date. Please adopt the following motions "That the public hearing on objections to the Stellar Drive assessment roll be set at the regular council meeting at 7:00 pm on August 7, 1985 at the City Council Chambers." • , I e ' 1 r� I I 1 1 I 1 i 0 .- J 14_- MEMO TO; William J. Brighton, City Manager FROM: Charles A. Brown, Finance Director DATE: June 28, 1985 8OBJECTs Available Capital Project Monies Attached are estimates of balances at June 30, 1985 that may used for capital construction, along with some significant expected outlays. The Airport funds may only be used for Airport purposes. Also, according to KMC 7.25.090, voter approval is required to spend more than $1,000,000 from the Capital Improvement Reserve. I have reviewed both the 1971 and 1980 ballots, and I believe voter approval for the Community Center has not been given. You should consult the City Attorney. I also want to point out that this memo does not analyze all City account balances. Its purpose is to help you analyze financing of future projects and, therefore, does not analyze financing of many current projects. If we just consider the General Fund contributions for three projects (Community Center, Alisk/McCollum, and 8wires Rd.) we get a reduction in fund balance of $3,570,000. At 8% interest, that's an annual revenue loss of $285,000, or over 1 mill. Ire f J -- _ • UNAPPFUY CUM AIRPORY 1984 UNALLOC. WATER j G/F G/F AIRPORT CTR. APRON WSS ROAD L SEWER RES-'UNAPPROP: -F.R.8: FUNDS -GRANT --GRANT-----IORANT--GRANTti --"'UTHEk FUND 70TAL ' EST 6-30-65 1,679,000 4,306,000 670,000 1,650,000 2,300,000 2,750,000 650,000 518,000 1,043,288« 575,000-16,341,280 ; - FROM COUNCILS AIR. APRON -1,870,000 -1,870,000 " COMM:- CTR._..- - - ...-_..--v»45j000----- -- -.... - - .2,30Q�000 - - --- ---- -- - --- - ---. _ .- ... - - - 4,045,000 MAP-760,000 -650,000-468,000-1,043,288 HIGHOUGH -50,000 -50,000 '-'t I GHTB -90, 000 — _-40, 000 -- _ _ _- . - - - - -- -- - -- - -- - - - - -130, 000 SWIREB -1,065,000 -1,065,000 '., HYDRANT -20,000 -20,00 0 r ` CUNDE /CORAL _. __._.-. .....-... - -- .. - -350, 000 ... _.. - -... - ..._..-- - - - - -- -- -350, 000 AIR. PARKING -100,000 -100,000 ;f GOLF-ROAD-151,000 `-` • QAT-PLANE-- -- - .__ 20�000 "-'"'- - - -- `SSOiO00 - --_ _ __._ _.T..---.._ ..-... .. -1,000,000 I THOMP. SEW/ENGIN -40,000 40,000 ; OLD TOWN ????????? .� FROM ADMINt MOMMSEN WATER -300,000 -300,000 , WEL17--'_' y3b5 000. _ __ _- QQQ •600, 000 .. - ` UNDEROR. PUMP HS-30,000 -30,000 } INSURANCE -130,000 -130,000 r BALANCES 283,000 1,306,000 670,000 1,080,000 0 0 0 0 0 O 3,539,000 ' J� 7 i City ®f Kenai Replaar Election of October 7.1080 MAYOR PROPOSITION 1 3-Year Term (Vote for not more than 1) Do you want a cultural facility built for the ❑ VINCENT O'REILLY City of Kenai if at least 90% of the funds for construction are available from the of Alaska, using $215,000 for match- ❑State , , , , ,...... ................. . , , ing funds now held by the City from a pre- vious bond issue for the Civic Center, and 0011110ILMEMBER with the City of Kenai to be responsible for payment of expenses of any operation, 3-Year Term maintenance, upkeep, and repairs in excess (Vote for not more than 2) of any income derived from the use of ❑ BOB G. CUTSINGER such facility? ❑ RON A. MALSTON YES ❑ ❑ CHARLES H. ROSS NO ❑ ❑ TOM H. WAGONER ❑................................ ri 0011118ILMEMBER 1-Year Term (Vote for not more than 2) , ❑ JOHN AMUNDSEN Cl JESS G. HALL ❑ JOE E. HARRIS, JR. ❑ DICK R. MUELLER ❑ PAUL G. WELLER ❑................................ ❑................................ (Information for Voters printed on the beck) k, Ij f J ' • CITY Of KENAI t SAMPLE BALLS f SPECIAL ELECTION Tuesday. May 25, 1971 r fhvee Stnl,e0, v AsrMe Cite Clete PROPOSITION NO I KENAI CIVIC CENTER COSPLEX GENERAL OSLICATION BONDS 1100.0" Ball the City of Kew, Aluts. Imumu IL Secant obligation broads to We swepte principal &menu of not to exceed is90,0ao, sold bony tWo braft tear Interest at a raof not to&doped fhe maximum raptrmlttedbrla.st Me time of their we, b m&mn within 30 years from ate of oast, to be paid built principal and atamt &A of smmai to Images to be me& upon"Iof the taubke property mlainthe City Nabo,4llmia- COn /alo nWOramomt sW posslbyoet of tuft —,— As we City Council mey henaMr legally provide. for the . Purpose of proving put or"1 of me Amos nAOessary, to plan. aogMre. tastsu and "up a came center complex for W oily netutlnt as sudlWeilm convention center. a library health amour. ono"eteawraams.kitchen and srimminginol.togeuer Milt all onesmary utility and appmtasnou all am more SpectBeWY Provide ts famotatien No. 71-11 of Me City 110urW adopted Om the W ay of May. 1911. "Nos, YES ❑ 3 BOND$. NO ❑ Z PROPOSITION 110. 2 ,"tee KENAI WATER SYSTEM GENERAL OBLIGATION BONDS S1.421.212 Bltau the City of Kra". Aloha. inue its general callAmtion beatIs in the agpeAmts principal i movat of mot to exceed i1.e13.111. s&w OOaOs b bear namt at a rate of not to exceed the ma"mmm sea Permitted by law at the time of Quit sale. ts mature within 90 years Ives date of Issue. to be paid both principal AM Interest out of nmtel to into* to benadtuponallofibotaxableptopertywltMAas City without UNUUUon as to non er Ammmt. sbdlNleelbodal of sera other maximum one am City Oar&! may httesetr legally provide �� nebilin8 doom faIs and reetmr of Ma under system. for �Y^ j the Purpose of piovWing DArt oe W of the bra necessary to le plea. &&gWrt. ceastemot andnsreesrtanexptnlmpron- saeaka to Ira eater supply And dWtrlDric& of W City. • 50{ilr� • All" trunk Inc from the Kew River aI o Eegit Rout b the Ind eratal complex one of gas city. a stow UUShr Wall. as thg&W Stsnp taOWty, a tr m mtaston Use from rs city le Wild - - Air ►once elation. IMProes- mere wm""T to Imp a major portion of the sea supply and tlWtrlbrioo system Aad eddinN" laterals in alemot the city fat rev "r"d. one" inn mpeaiecalp DrorldW in EroluAAes Mo. 71-13r YaCMa COaadMAmpfafon ru W day ad thy. AWL EDNos, ru ❑ u BONDS. NO ❑ 1 7 G t PROPOSITION 90. 3 KENAI SEWER SYSTEM GENERAL OBLIGATION EONO$ S3So.Doo Eke me City of Kew. AtAAa. Saar Us trssr&A obllpaom lime. In the &wapu prla"P" smomt of am to exceed Bs10 m9, said bands b hoar rwnt"areu 6 mot to exceed oe =&,do= axis permitted by law at Me ame of their We, to m.nr. wtwm >o ytan teem aW ot ear. &I he pew bona prime111" ad interest out of "was tax settemSO, be made upon y an of me ts e pnpet97 withlet&CitywithaA IWUtIUM se i l to eW er amain, sed possibly ad of tonal other samrou As V Ilte City Commit may lterednr legally prwrs r"uwng aseseameW so tons" of nemomrsystam.foatbo Parwee em.sna.e'li.:i"i eed+pMafWtoprmuovem m mi & f oe, +" � of the City. Including a .vet dsere.por It - cad win suuoo is the um -"a ■non —"a we I I or 11041 min deport taloam"W. Ire. & ever primary and seoomoary trosWaer our amid o""Se" taraw so *am Ant. of the city act sow served. 831 as non SpnieoaDy provided in utice 7i-is ccuwcjtyCameusdopwom atW day Of Mo. Slits. BONDS. yes ❑ V. 4S— �/ ' BONDS. NO ❑ / % PROPOSITION N0. 4 KENAI PIKE AND POLICE STATION GENERAL OBLIGATION so" �I HI0.= Anal! the City of Kew. Ala"&. hew Its Omani obllgation said boods to bear �ofmmatttooe� the marmlml rats Permeated by saw at W Steve of their axle. 7 W mature within 70 ;tan lroal dsa of hew. m be psw bola % P~Pat and lntertst Out of sreaial taxleeitab he sonde upon AO Of the taxable property winintheCltyNtmOat timltatiai as 18 ran Or amount aid Possibly Or of such other Oealera as the City council may larnafter leptlypcob" f in purpose oil pnvwrt part or all clam funds necessary to Visa. acquire. _ aebsfmret mr egmlp s en and poll" station for the city of Kett. toppmu hem all necessity owpmeem and sppNten- &use Au asmonsmosbcaltytNoviaed to ResciriNNo.11-12 at at City Comial adopted On w be day of no. 071. i0N01. YEf ❑ !L �/ j._ iGND$. NG ❑ 3r7 7 L� ,t n PROPOSITION N0. S KENAI AIRPORT GENERAL OBLIGATION BONDS SS2d.My Bhell the City of Kew, Alaska, Issue Its general obligation bands In the aggreliate principal amount of act to exceed $526.561, said bonds to bear interest ate raft of not to exceed the menmao rats permitted by law at the time of Mate We, F to mown Within AO yean from as Of uaneto be paw t>ah ptaeip" one Intent t teof stuwsl tax M times to W mamu upon ell of I" W-ble Property Irltllafhe City wiUovi limitation as to MIS or &monk And possibly out r such other smurome as the City Coinoll may hereafter Ngalyprovly, forMa purpose of providing part or W of Ma brads necessary a plan. acgMro am conarliat a cam ramp. Samurai aviation terminal and &come rood Loop Or@. area to the Kew MWUOIP"Airport. AB as more specifically provided to Resolution No. 11-11 of W city Conrad &depttd a Me bra der of May. 1911. BONDS. YES ❑ BONGS. NO ❑ 2 _ ' PROPOSITION NO. e KENAI PARK AND RECREATION FACILITIES GENERAL OBLIGATION BONDS 99,482 IS 9W the Ctty of gems. Alaska, Ism Its Amount Obligation bonda is W acgrepde principal amount of act to exceed $79,u2, said hoods to Wet Harm at a ran of act to eteae4 Step maximum rate permitted by law at ra time of their Sale, to ..elan within so yean from as of issue, to be paid both prbOlP&11tl Interest out Of nor4d tax &mutes to be malt Upon AU the taxable property City as othLIW rmtistion role aamount So, rob or &rsoNt and pmuvimy Out ly such other omer sources as ^ wax She City Carati may hereafter IelallyDrOvida for as purpcae . of providing part Or all are muds necoasary te plat, a0gdre tlaastrnot stl f W WI mddltbeal petktaadm &M faollltlem. amain• a m malt rlftf ankle Ind Oral t 4wAoiptsteemeter parklan4 ream the wua101pal prrNdary. aid Y e reconstruct . noomteuet act Port Kpry ail as won specifically provided n Raolut on No. 71-13 of rise CUP CONWO adopted on Of 1n day of Al". 19T1. . soka, yes ❑ .3 BONDS. NO ❑ 1 -1-3 0 PROPOSITION NO. I ' KENAI SMALL BOAT NAR60R .. GENERAL OBLIGATION BONDS f2S,000 ! SO *a City of Kemal. Alaska. Ism Its general ObtlAmtloe bonds to the swept* principal anent of mot to exceed i28,e00. mar banes to bur Hare: as a rate of act to stneed 40 maximum rats Permitted at "the adirpoi sus, Id to M. t bI W1 to uN.ee WI"ltn M yean Stem rots r lesce. to he paid both DIPWIPad aid iOWreet ail of amoral taxatviet W be malt upon &u of the --me property withinthe elowilioot limitation as to rate at amount &rod possibly or Of rich other salons as Shut City Council may bereaRer NpllyproNh forme PApos& of providing part or all of the Moe ancestry to p1u, mate �Q fo Preliminaryea"" hod harbor I �tyofof K1em�Lallmeow: 8pee100ally provided In Resolution No. 7141 of W City Caron OwAd aster w day of MAY.19y1. ... (/ BONDS, YES ❑ BONDS. NO ❑ PROPOSITION NO. S KENAI STREET 11PROVEMENT GENERALOBLIGATION EDNDS $W.40 Alkali Of City of Ka". Atashe, imam in Several obiipelam boos in the &wsAmW prlWpmjamount of cot to exee cd i3s7.Af9, said hands, to Intern hear faWrestua eat of sot to exceed the maximum nod permitted by law "the time a two sale. w Motu" Wit1m» years from dote of tame. to spin both pel&eipU and Loam" ail ctam"tax lames to be mode upon 1 S11 of the INable property withtelike Cltoy witiNut llmeatl0m as to auto or among, and possibly out of such other sources " ton& City CaSMsu nay handier Itplyprovideforne purpose of pmfdag tort or all r tho Aran mucessary to construct. faAfut &sad tow cert"m Capitol improvements to rho atrtra anti roads of the City a Kett, aeledng psd szp wldntn& patelteg ante trvrt usreor. &Bemonspetiewly provided in11 Resolution a 71-12 ofa s City Camcit adopted &m ant 90 day of May. &M. "(/ BONDS. TES ❑ T BOhDf. NO ❑ T3 I PROPOSITION No. 9 AUTHORIZING iS SALES TAX FOR FIVE YEARS TO PAT FOR TOTAL IMPROVEMENTS ONLY 1t One or more :uNwrlane Sale of Several O"IPUOO anode are posed by voters at a spoon" election to he hold Is Me City of Knot on May 25. 1971. then mu the cut ^..awl may decide. on or after July 1.1971. am it seek bony be +molly. or patitaty. repaid by the Impneltlon of & one parent 0%) emmumer retail sale tsxonall rNall sales. 1 rws. aid eerag0es made Or relleerea within the dry hula. 01 rtreams of Such tax to he dedlestre to retire said heeds. sod retail Saks to to be Staged for sot non cam live years an" nteW enecbant7 FORONEPERCENTt1g8ALESTAX ❑ yL/(� AGAINST On PERCENT cut SALES TAX ❑ 1a O MIREENI.r" n JUNE 18, 1985. 7 t 30 P.M. CIOf SEVAID COUNCIL CHAMSE SEWARD. AIASIA -A4gHDA A. CALL TO ORDER Valli B. nucs or Amtmcz Mullen Crawford C. tUVOCATIONt Rev. Chas. Fults, Sward Carey loans D. ROLL CALL Moore E. VACANCY, OZS1GKATt0K OR GZAT04 Of ASSEMBLYMMS&S, Glick I Dismick ti F. APPROVAL Of WIN=# May 14, May 21 1 June 4 Neosho" G. COMMITTEE. REPORTS Oslo "Johns(own Stephens V (a)' Education (Valli, Johnson, Mallon, Skosstad).. "'Sko stsd (b) finance (Crawford Carey, Fandel. Nash) . rental (c) Lend Acquisitionf6isposalL (loans, Johnson. Moore) (4; togiolstive (Oslo, Same. Skogstad) (6 Lo sl Affalre (Carey. Moore, Stephens) M Public Works (Sawsll. Dole, 11c0shm) fir"A. . Natural Resources (Madshmm. Oslo. Mullen., I > Stephens.-olick) n I Data Processing StearlaS (Glick. Nash) Al"?., '3 N. AGMA APPROVAL AND comam ACOMA A91 (a) be, $5,408 "Solectins Certain Land* in the :%p"" UTMto Point Area Under the Municipal Zftt1tl4- Sent Act" (Mayor) (b) Res. 59-1 r12" ctrsrin& the Log Buildin on the 01'. o ono ZMY Section 31 T S� 11 A NWt lying Boutl of Road. t 4W, S.M.. to Sur Ing to the Needs of the Rena! (mayor) (a), Res. 0-117 "Accoptlrix.n Grant in the Amount of AV VQu,uuu tot the Borough's Comatst Management ilk' r Frostsel .(mmyor) 1. ORDINANCE HEARINGS (a) Ord, 65-34 "famottog a Now Chapter 2.60 to the 137730ST-Wde to Establish 4 Youth Commission and to Provide for the Involvement of Youn LTD Local Government" (let. to Local A91P 1I. followinS, public hearing) Ord. 35-42 "Authorizing a Land Exchange Between Tfi-e-Tm—ArPeninsuls Borough and Lmff*nco H. and Florence T. Lancashire in Order to Acquire Right- of-Vay for the Realignment of Sports Lake load in Ridgeway" (Mayor) (c) Ord. 81-43 "roow pristing $995.000 for Acquisition, 70-1901-Mas-t-s"d Moving Expense for & NSorou School District maintenance facility" (Kayorr .. -.0 1,. . .. . , _ ... .. �.. J. INTRODUCTION OF ORDINANCES (s) Ord 85. 7 "Establishing tho Ridgewar•Sterlin8 Firs etv ee res to Provide Pirs protect On Services. and Providing for an Elected Board"(Mayor) K. CONSIDERATION OP RESOLUTIONNgS (a) Roas :S•86isheiyort Dissthe Americanization of (b) Res 82-lig "Approving Transfer of funds for the ngg • ay School and Project from the D.O.T. Msintensnco Facility Project for Complation"(Mayor) (c) Rua•agme�nlyleeentarynSchoolsBBondaProject fromthe the D.O.T. Elementary Facility Project for COmplstion" (Mayor) (d)us*. 85.11 "Authorising and Award of a Contract o for the Clearing sad G n neon .0Op Phase 11" (Nsyonr) (e) Reve o -114 ,Oocuwontsgfor th snow 30.000isgwre foot Kenai ¢tesxntarq and the Now 40,er#O Square foot Nikiski Elowntag School Prepared by Architect Wirumppi Cash' (Mayor) <f) Documents s orAih0Now Hope school Orojecr,(MMayor) (g) Res 65-11 "providing for s Ballot Proposition or an sory Vote on the funding of the 911 Emergent Coemstnicstions System on a Borough -Wide Basis" (Dalian and Carey) (h) Res, 65-118 "toOuiring Assembly Approval for Travel outside o the orough bry Individual Assembly "sobers" (Stephens and NcGahan) (i) Res.T -la,upnencniof S600 for T'IteonpIthcetralPensularea (Mullen) tj) Rso. 85- "Rescinding the Assembly Action to my r s a Rt•ot-Wolf vacations Within the Ninilehik Tams ce and Authorising the Transfer of Lots S and 9. Block 1, Towneits of Ninilchik ,to urposes" Mayor atthe American Leorequest ofPostBPlanningforll 000) sy L. PENDING LEOISIAT10N (This its= lists lost tattoo which will be addressed at a later time as notedt not for action this nesting) (a) Ord. 85-45 "Making on Appropriation to the Capital Projects fund in the Amount of 86 495.000 fro= the Proceeds of the Sale of General 6b-liSa- tion Bonds for the Central Peninsula Hospital Service Area for the Capital Improvements of the Control Peninsula Hospital, and to Refeburso the General fund for Costs of Architsctursl Servicss" (Mayor) HEAR 712 (b) Ord. 65-46 "AuthorisinS the Receipt Of Various Grants from the State of Alaska Totslling $3,766 $00 Made biChapter Session Laws of Alaska 19S, and Apprope a n8 the funds to Project Accounts' !Mayor) HEAR f/2 (c) Ord. 85.41 "Authorising on Approppriation from the General Fund in the Amount of SSO 000.00 for Additional Paving at Susan B. English School" (Mayor) HEAR 712 (6) Ord. 64-43 "Ao Ordinance establishing the Kali- fornsky Fire Service Area to Provide Fire Protec- tion Services and Providing for an Elected Board (Mayor) (Postponed 5-7-83) (0) Res. 85-22 "Supporting the Applications of the City of Homer and Ksehemak City for Transfer of Lands From the State for Public Use" (Dimiek) PSTPND 2/5 M. 709MMLEIRINGENTOATIS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THEN. MAYOR'S REPORT 0. OTHER BUSINESS (s) Pel cosidsrstty and Intof eiea eCard Appeal for Waiver of P. ASSEMBLY AND MAYOR'S COMMENTS Q. My CONTAINED IN THEAND �ASSEMBLY'S AGENDA UPON MATTERS R. (a)OiUNinileb ONAL Small bstt Harbor Loss* REPORTS (b) Kin$ Run Resort. Inc., liquor license application S. NOTICE OF NEKT MEETING AND ADJOURNMEff (July 2. 1955) a I 22g24Z52 0 2 ,�� �, •, KENA1 PY.NINSULA BOROUGH iA ''ice• RRGUI,AR ASSFMRI.Y MEETING JULY 2. 1985. 7,30 P,M. a: %645 BGROUGHSOLMDOTNATRA ION BUILDING IPA r A 0 E N D A- x b Q LIB DER Hash D. .E OF ALLEGIANCE Waltt Mnitvn C, INVOCATION, Rev. David Johnson. Christian Center Careyord D. ROLL CALL Keene Swa l 1 E- VACANCY. DESIGNATION OR SEATING OF ASSEMBLYNRNtRR Moore Glick F. APPROVAL OF MtNUTLSt May 20 309. May 23 6 June 18 McCahn G. COMMITTEE REPORTS Dale Johnson (a) Education (Valli. Johnson. Mullen. Skoasead) itFlnanee (Crawford. Carey Vandal. Nash) Stephens Skosseed (e) Land Acquisition/Disposal (Keene, Johnson. Moore) vandal Id,(e) LoCat Affairs 0(CareyfeMooeg Moore. Steppphen&) (f) Public Works (Sewall, Dale, McGahan) (S) Natural Resources (MeGahan. Dale. Mullen. Stephens, Glick) th) Data Protessing Steering (Glick. Nash) H. AGENDA APPROVAL AND CONSLNT AGENDA (a) Resolution "Commending Veteran* of Alaska, Kenai n ensu a, Inc., for Their Efforts In Or anixing the Exhibittons of the Vietnam Measrrial Wait Repl(cA at Kenai. Alaska" (Strphons/Carey/Mayor) tb) Res. 85.122 "Aatanding the Allocation of Grant Resolut-4LA�rlfghtfpnsd" ring $66,407efrom Feudington Lsne4toin tNayor) tPubIie Works Cote) (c) was; 8 -124 "Awarding a Contract to Hopkins rogners Construction Company for a Total of Years60 M lntM&ncetof theaSo dovis Landfill" (Mayor) tPubtto Works Cote) (d) Res, 8S-12S "Awarding a Contract to Mr. Henning do vice$at�therov 8 ldovlanLandfill'(Mayor)(PubSer- Write) I. ORDINANCE HEARINGS (a) Ord. 8S-62 "Authorising a Land Exchange between e ens Peninsula llnrouxh and Lawrence 11, and Florence T. Lancashire In Order to Acquire Night - of -May for the Rralix""ttt of Spnrrs 1,11140 Road to Ridgway" (Mayor) (Postponed 6-18) (Lends extol (h) Ord. 0-0 "Makin an Appropriation to the aC piFs Tfe,feeta and in the Amount of $6,495,000 From the Proceeds of the Sale of General Obliga- tion Bonds for the Central Peninsula Hospital Service Area for the Capital Improvements of the Centrsl Peninsula Hospital, And to Reimburse the General fund for Coots of Architectural Services" (Mayor) (Flnsnce Cmtai rea 1.. P):t(ItIHC i,EGISLATION (r) Ord. 85 46 "Authutleing the Receipt of Verin"S (Thin Item tints legintation which will he addreee:ed Stank, Tum the State of Alaska Totalling at a later time as nntedt not for action thin. meeting) {2,SS6,51111 made by Chapter easton I.aws of Alaska 19 5, and Appprop�6 the Funds (a) Ord. 85-11 "Establishing the Ridgeway-Sterliny.. Fire to Project Accounts"(Mayor)(Finance/Pub Wrks Cote) Service Area to Provide Fire Protection Services, and Providing for an Elected Board" HEAR 7-16 l41 Ord, 85-47 "Authnrizinq an Appropriation from t e ettoral Fttnd to the Amount of $80,000 for (b) Ord. 84-43 "An Ordinance Establishing the Kall- Additional Paving At Susan S. English School" tornsky Fire Service Area to Provide Fire Prefer - BORIC (Mayor) (Ed/Public Works Cmte) tion Services and Providing for an Elected (Mayor) (Postponed S-7-85) J. iNTRODUC71011 OF ORDINANCES (c) Ord. 95-14 "Enacting a New Chapter 7.60 to the (a) Ord. 85.48 "ApprovingR an increase in the Kenai in Borough Code to Establish a Youth Commission and Young People 7onin'suTT "ouggh Schm,t Diatrfct'a Sudget for Fiscal Year 1984.85" to Provide for the involvement of /n Local Government" (Postponed 6.18 to 8-6) the Amount it( $147.111 (Mayor) (Finance/Education Cote) ld) Res. "Supporting the of the City (b) Ord. 8549 "Authortztn the Receipt of a Grant g 644 Made forAppTransfertions of Horner and Kachttnak City far Transfer of Land* Homer a Use" PSTPND 2/5 tom t e tate of Alaska Totalling $50 {985, and From the State for Public (Dimmick) by Chapter 96. Session Laws of Alaska Appropriating Those Funds to the L.S.R.T. Contin- M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NDT ON gency Account" (Mayor) (finance/Public Works Cot) THE MEETiNG AGENDA tet Ord 8$. 0 "Establishing the Key atone Estates N. MAYOR'S REPORT on ng strict" (Mayor. Req. Pin. Cmsn.)(Land) (d) Ord. 85• 1 "Authorizing indebtedness By the Issu- (s) Reappointment of Planning Commissioners ones o snarst obligation Bonds in an Amount Not S for the Purpose of (b) Appointment of Mrs. Annie McKenzie to Resnorce to Escaed , Designing, snag ng, nape- ng, improving, Con- Development Commission structtngg and Equipping the Central Peninsula High, Hikiski H! h, Kenai Elementary Nlkiski Elementary. 0, OTHER BUSINESS Nape School and Addition to Soldotna Elementary and Pledging Full Faith and Credit of the (a) Reconsideration of McCord Appeal for Waiver titSchool, Borough, with Payment of the indebtedness to Be Penalty and interest y Derived from Taxes Levied Within the Borough, and Subject. to Approval By the Voters At the Regular P. ASSEMBLY AND MAYOR'S COMMENTS Election on October 1, 198S" (Nayor)(Finanes/Ed) Q. PUBLIC COMMENTS AND PUBT.iC PRESENTATIONS UPON MATTERS go) Ord, 85-52 "Providing for the Acquisition of NOT CONTAINED IN THE ASSEMBLY'S AGENDA un c pa Powsr Necessary to Provide for Impruve- to (And Maintenance On) Roads Maintained or R. INFORMATIONAL MATERIALS AN.-i REPORTS *onto Qualified to be Maintained By the Kensi Peninsula Messick, Local Affairs Cote.) (a) Moose Range Meadows, South Addition No. I borough" Section i,tns Vacation. Sections 2. 1, 10 and 11 (fI Ord B 2 Alternate 'Providing for the Acquisition T4N, 010W. S.M. o un c pa over ecesaary to Construct Road* Within the Borough outside Cities" (Dimmick) S. NOTICE OF NEXT MEETING AND ADJOURNMENT (July 17. 1985) (Local Affairs Cmte) K. CONSIDERATION OF RESolAtTIONS (a) Res. 85-118 "Requfringg Assembly Approval for Travel the porough byy individual Assembly 6.19 Members" (Stephens and MCGahan) PSTPND (b) Re*. 85-109 "Authorizing a Contract for the Crm- s.rtee on of the Curstral Peninsula Hospital 1985 Additions and Renovations Project With ' (Mayor) fel Res, 85-121 "Setting Procedures for Slimmer Fwtpiny- me" nirHiting" lMeCahsn) (d) Res. 85-121 "Allocating a Budget of $90000 for o er- e- Street and a budget of $60.60) for Emerald Avenue from L.S.R.T. Funds" (Mayor) to) Res. 65-126 "Authorizing and Directing the Mayor toirrmemen eeCondsmnatton Proceedings to Acquire the Necessary Right•of-Way for the Sports i.sks tt carmen wincemt gintoQa.Qir=� Recj 130 trading bay road, suits 330 i kenai, alaska 99611 s 907 283.7732 do �► ' ,:; June 21, 1985 City of Kenai ``;; • �,; ' ;� ' 210 Fidalgo Kenai, AK 99611 Attentions Keith Kornelis, Director i Public works Department Res Invoice for Architectural Services(#5/ Automated Flight Service Station ' J � PHASE FEE BILLED RECEIVED DUE 1 Schematics $ 18,000.001"" $ 181000.00/ $ 181000.000, -0- • 1 Design Development $ 30, 000.00,' $ 30, 000.00 -*' $ 30, 000.00 --- -0- Contract Documents $ 66,000.00" $ 60,033.00/ $ 53,658.00✓ $ 6,375.00 ✓ Bidding & Negotiations $ 6,000.00,1 1 TOTAL FEE $120,000.00-0" I Due This Invoices 8 6,375-00 ✓ Previous Earneds $101.658.00 ✓ TOTAL Earned; $108,033.00 ✓ Less Payments: 8101.658.00 ✓ .- -tea-.ti`• DUES ( $_ 6.37L r Includes all reimbursables TOM YOU FOR COUNCIL, •199TJ% CF 2438r :r �r.-.—.-.-j .•ttorrter c•9GL✓ .., '7.�ItW I�1r�N .o—MI te0 CaunuI sX C'to (ryes Gk—� June 21, 1985 AFSS Invoice 85 SUMMARY Fee Breakdown by discipline Architectural - 55% Structural - 15% Mechanical - 18% Electrical - 12% Percentages Complete Schematics 100% $ 18,000.00 Design Development 100% $ 30,000.00 .-,-' Contract Documents - FEE $66,000.00" Architectural 55% X $66,000.00 X 90% _ $ 32,670.00 Structural 15% X $66,000.00 X 98% = $ 9,702.00 ✓ (o a33 Mechanical 18% X $66,000.00 X 92% _ $ 10,929.00✓ Electrical 12% X $66,000.00 X 85% _ $ 6,732.00 ✓ TOTAL Completes $ 108,033.00 r Less Payments: $ 101,658.00 IV= DUB: $ 6,375.00 � a •r Id Page 1 O f Al,:,; i i 1 '7�-�, PAY E T I M A T E NU: I _ CITY 01' KENAI JUNION RECEIVED P1.Oject C T1IOJ1^SOtJ PLACE - Contractor � ;;IPtAL hl,`� KA CONMUCTION I r> Addkd$s P • LON, 1594 I SOLDOTNA, AX. 99669 - Project NO. STANDARD DR. 6 T;Iwinou P Phone 907 776 5515 - Period Front to 14-25-85 I ANALYSIS 01' ADJUS•1•is1) CONTRACT I AMOUNT To DATE I L � , { Ul Original contract amount 178,928,5o / OZ Net Change by change orders -0- - Adjlnoultt to date � usted contract a ; 173,923.30 I ANALYSIS Op W011K COtil'I,l:•r131) 1 1 Original contract work completed / S 3p u36.25 ✓ ' i O Addittans from chanl;e Orders C0111pietecl -p- I {� G tlatrrialS Stored at close of pel-Iml "I O/ Total carltedO+Of• - 1i 33,636.25 J !.' t . jl,c i I� %; LrSS tc•tairt:l PCI'Cent Totat cal -lied trsS rc•ta1llageO7 ;� _ 3 ✓ �.71Z.t�2 I 1J1 Lc•SS amount of pt�•t'iolt:: ha,mc•nts .-_ 11 li:ll.tn�r due th;S ita�•ulctlt .,r..•• � ��71Z,t�l �' {• n (:Otttr:tctor CCITT^AL ALA2U, CC:I:;r"UCTtO:: lice r II:ICL', CO;T;I..LL, i W S':ASDARD 7ZIV o THOMPSON PLACE 1984 ROAD IMPRO EY- S\.S i CERTIFICATION OF CONTRACTOR According •o the best of my kncw.cdpe and belief, I rert:fv that all gems and amounts shown on the face of thi• Periodic Estimate for Partial PAvmen, are correct: titat a:l work :tax been pr:to••ned and 'or material .:applied in full neeorcanee with :he requirements of the referencel Contract, Ana:%rr du:c Authorized .:et ia•i,3nt, subst-utions, a:terations, .tnd/or additions: that the foregoing is a true am correct a•at"vit of tae contract aece.:a up •o tr.i••cludine. -he !a.acovered t •v of the period cered by this Periodic Estimate-, that no ,art of :he ' :la!ance Cue 7''.ti Pap ^.n!•• ha; !�:•r !,•;•::.,•a!, .t:t,4. !hat the undersigncd and h.s subcontractors have -(Check Oppffeahir fill*) s, r! Complied with all the :sbor provisions of said contract. b. ComVited with all thv :Abor c:oviaiors of aa:d cor.rract ?step, in those instances where an honest dispute exists with tea npcct to said I,tbor provisions• •!! (b) is eherkra, dlserrhe r•rfelly nnrure of dispute.) a CERTIFICATION OF ARCMITSCT OR ENGINEER I certify that I have checked and verified the above and foreguifte P-iodic Estimate for Partial Payment. that to the best of my knowle'd]]tte and Sclief it is u r•ur an! cxrect ittttcmen! of svt-< rert-mud and/or In ini suppiird by the eonttActa; that all work andrOr t•'•atrrial irtCliwrt:.r::his Pit:iid is ':bts'late h.sa na•t•n •n.pected bt• mu .trial; Or by my duty aU:hoflLed KOKatnWttPe ut assistants And that :t been Performed •u:' ac c,•tjance with rcquircmunt•i of t:W reference contract; and that parts t: ravmcnt elrtrnvd and requcs:•.a! by the con:mitref i•: c^rf-- curimu•ed on the basis of work performed And/or mate- rial suppler: •v dart. -- FOR 6Num m MkdING OF ••9•—Z Signed ='•Q� City fogy. —•(] Attaw Wince, C i�'Ti'K"_"t, ' B�'OVA 939wilbat woks •---{] City Cl k Date �w PREPAYMENT CERTIFICATION 3Y FIELD 'MG!*IEfR Cur" OK alto Cy" --�— qt---- Check tyPe of Payment Certified! Vhave checked tb:1 r.timAte again., the can•vrtt•r , S:!•••dr1.• ,.l Amurir+r l,rrCwtrrorr PnyssoMa, the notes and reports of my ,aspecttun c , taw• t`•usvct...n) tnu t•eria+d.c rercrt• .u, 1• : 4t• •i e I.-ChImc,'vneinver. 'r It: my orinion that the stawntent of work rrrtormad and tr m.l!e•a.i:r .app::. a .s .i�.ur.ra, t aa: ::c .:r•raa;tor 11 a•h,vrving the requir:merrss of the contract. And that the con:never Khuu:., or prim ::se ama•u^,t .euc err .•tc. ce tt: v !h.;,r.: war, end ur matc•r:r.. •an4a1• t•^.t• .: -ter:: •' .+, ..••t in,pa•t•t:•d by me and t't.tt it hat. bef.n rcreormed and 'Of sup• 'ff�'llyd SL fL CalrrAtt�4 tSt: !°L• •.,.JY1R a:c Ca Ot ::a' aar.:(;.t. , t/ Wince, Cor ell, 'tr-m0Q.nvrr1 (ife-,,) �pprored _ •C',at•Icing B!f•c" •Pao) ,4/c ca , iv Z At .� oox937 00L00YNA,ALAnKA0UWU CONSULTING ENGINEER loci - Mike E. r 4 r ECGy�85� ` F I tY 9r. —�'� Actorn�y Ci y�.p .. Public Works --Q� City CIMk June 24 , 1985 Or 041 To,-tLftW SaabrMtt#d 8y C�, ----o Counou OK []No (]Yos Ck..— ------------------------------------------------------------ STATEMENT ------------------------------------------------------------- - Keith Kornelis Director of Public Works City of Kenai - Box 580 Kenai, Alaska 99611 Airport Main Apron Extention CAD Project No. 85043 Progress Billing thru June 16, 1985 Professional Services Engineer I - 8.5 Hours @ $67 $ 569.50 4 - Project Engineer - 102.0 Hours @ 057' 5,814.00 ' Inspector - 126.0 Hours @ $40- 5,040.00 - - 82.0 Hours (OT) @ $50 ' 4,100.00 - , Technician IV - 11.0 Hours @ $27 ' 297.00 Draftsman II - 1.0 Hours @ $27 ,*' 27.00 - Davis Bacon Rates 'i3 Man Survey Crew - 23.0 Hours @ $130 2,990.00 , 2 Man Survey Crew 60.0 Hours @ $105 6,300.00•' Regular Rates 2 Man Survey Crew - 47.0 Hours @ $87 " 4,089.00" $29,226.50 T Expenses Mobile Field Office - 15 Days @ $10� $ 150.001, Foto Quick - $8.33.x 1.1- 9.16 - $ 159.16 w Total Amount Due This Billing --" $29,385.66 x. J. 1 r 1� ! it Y A{/ roro 44378 STERLING HWY. 1 iI SOLDOTNA, ALASKA 99889 QUICK rood 7874Z79 r 1 1 Mika Taurtanan l P.O. Box 9:57 ,a Suldutna. flail-, -9669 i 8717:3 I Dt SCGunt Q �3 yH i •W 1(;i 'I i l t I i f �5 r 1 . E a' l� S 1 a � INVOICE 8892 06/18/85 020 1 r I . WINCE • CORTHELL • BRYSON CONSULTING ENGINEERS • O sox 1041 901,263 4672 KINA1, ALASKA 99611 0J6. i"4oio. �-o70 'r/VFO..� June 19, 1985 84.32 B r;i• x V City of Kenai �� �j�OSSi•I' 210 Fidalqo aa1C ,�v Kenai, Alaska 99611 '�;',� Attention: Ne+th xorneO + a Subjects Final Billing for Stellar Drive Road Improvements dw� Please consider this invoice for inspection Services provided for the subject project. Preconstruction Preparation $3500.00 ✓ Engineer I 87 hrs @ $55.50 ✓ $4828.50 ✓ Engineer 111 44.5 hrs @ $47.00 ✓ $2091.50 ✓ Engineer IV 51.5 hrs @ $38.50 ✓ 01982.75 ✓ Typing 20.5 hrs @ $30.00 ✓ $615.00 ✓ Density Testing Invoice $225.00 + 101 $247.50 ✓ Surveying Invoice $780.00 + 10 9 $858.00 ✓ Invoice $1897.59 + 10% $2087.25 ✓ Amount Charged to Project $16210.50 Not to Exceed $14900.00 ✓ Previous Payments $13135.75 ✓ Amount Due $1' 764,25 If you have any questions, -please do not hesitate to contact us at this office. Very truly yours, WINCE-CORTHELL-BRYSON 0 '4 e Dale Grove FOR UUMA tdkc t AW OF 7--=•- o r —(] City te9r. Attorsuy -Npublrc Work$ ----[] City Clerk 6qd--)<Flrq;1p --0 OF141091 Tofj&+. Submitted Sy-- Countll OK c3nis [ayes Ck— ►hilip W {iyson ► L Also N Co►tk,ll ► 6 Fronk W Wint• i E W M dEbdW � �� W d ri r SPECIAL MANAGEMENT AREA N �� IFW L 7 . LS U [E,,-D-, U11 f0� tf1e Y�►V�` Number 7 May 28, 1985 NEXT ADVISORY June 20, 10: 00 a.m. , Borough Building, Soldotna. Call: 283-9187, BOARD MEETING: 2654526. OTHER MEETINGS BIOIDGICAL UPLAND HABITAT: June 12 1985, 2:00 p.m., Alaska. Depart- ment of Fish and Game, Raspberry Hoad, Anchorage. Call: 552-3307, SCHEDULED: 2654511. RIVgi/FISHFRIFS: June 13 1985, 9:00 a.m. , Borough Building, Soldotna. Call 26 ] 511. PLANNING UPDATE: SOCIAL/RECREATION: June 6 20 1985, 6:00 p.m., Borough Building, Soldotna. Call: 56 -5 , 28 526. LANDS: June 6 1985, 5:30 p.m., Borough Building, Soldotna; June 19 1985, 3:M p.m., Central Peninsula General Hospital, Soldotna W-9011, 2654526. PERMITS: June 21 1985, 9:00 a.m., Borough Building, Soldotna. Call: 753- 1. Bill Platts, a nationally recognized fisheries biologist from the U.B. Forest Service in Idaho, addressed the KH MA Advisory Board at its last monthly neeting. He stressed the importance of protecting the watershed and the streambanks. Platts compared the Kenai River to other rivers in the to ar 148, and expressed optimism for the future of the Kenai. He believes that first and foremost there needs to be more scientific research conducted on the Kenai River in order to understand the system we wish to protect. The Social/Recreation Cormittee is soliciting proposals from the public regarding recreational activitlea In the river I*nd 191es, Example topics include, but are not limited to, boat sizes, hor84-viwer, speed, fishing methods, boat launches, campgrounds and other recreational facilities. For core information, contact Bix Bonney, 561-5115, Dave Stephens, 265-4526, Ton Walker, 262-9419, or Roger Later, 262-5581. Deadline for proposals is June 20th. Guest speaker at the June meeting of the KROM Advisory Board will be Gordon Davis. Davis has worked extensively on master plans and environmental assessments for the EPA, BIX, Papago Indian Nation, Corps of Engineers, Soil Conservation Service as well as a host of private clients. Of particular interest to those involved with the Kenai River plan is Davis's work on the Grays Harbor and Coos Bay Special Management Area plans. Davis will share his experience at river/estuary management planning and conflicts resolution. Davis will be available to talk to any groups and/or individuals -- after the Advisory Board meeting and the following day, June 21st, as well. Persons interested should contact Lenny Corin at 271-4575. j Alaska Division of Parks and Outdoor Recreation, Department of Natural Resources. in rnnnMsNinn ...ill. N.n Unnai Paninc..la Rnrn..ni. RDC Minutes June 10, 85 Page 4 costs of government and a requirement to increase the Borough's inconu: through local taxes. Further discussion was followed by the chairman asking the director for advice or a course of action open to the Commission. Mcllhargey suggested that, since the Commission lacked sufficient information to make a meaningful recommendation, a meeting between Commission members and the Borough Mayor would seem in order. MOTION by Heimbuch SECOND by Gan l and CARRIED that the Resource Development Commission recommends continuing efforts by the Borough Assembly and Administration in seeking means for retaining a greater share of the State's 20 mill tax on oil/gas production and transportation properties but further recommends against adopting the proposed five mill personal property tax as means for doing so until the effects on existing and potential business and industry can be determined. PRESENTATION BY BOB STILES, DIAMOND ALASKA COAL COMPANY "I would like to introduce Luke Franklin. Luke is our manager of our Environmental Regulatory Affairs. fie is the one that writes all of our environmental studies and various permit applications. Hy name is Bob Stiles, I am Diamond Alaska Coal Company's Vice President of Operations and Development. I have been involved in the project since Diamond Shamrock got involved in 1981. I have spent about three years here. Now I am more or less ensconced in Dallas, Texas. "Let me explain a little bit about the project. The project is, in all humility, the last of the world class coal projects probably in this century. The coal, oil and gas business is bad and the coal business is worse. When we got involved in the project in Auggust, 1981, there was great enthusiasm for coal particularly in the Pacific Rim. It was a response to two substantial oil shortages in countries such as Japan, Korea and Taiwan, primarily Japan. Japan being a market buyer has always been eminently successful at creating supplies of those critical goods that they need and they were also extremely successful in this particular set of circumstances. The forecast growth and electrical demand on our coal, by the way, is primarily and °I almost sole use would be for steam electric generating plant for J generating electricity. As a result of substantial enthusiasm created around the world to supply coal to the developing Pacific Rim countries and certainly Japan there was a substantial amount of investment made in new production capacity in the early 198O's. "We got involved in this project for a couple of reasons, if you look at the coal as the natural fuel for the Pacific Rim, the major countries of Japan, Korea and Taiwan all three mine coal. They have long experience in using coal. Most of Japan's ----,-' electrical generating capacity up until the 1960's was based on coal. With the availablility of relatively inexpensive, oil they RDC Minutes June 10, 85 Page 5 converted a lot of coal burners to oil burners and built a substantial number of new oil fired power plants as well as nuclear, hydro, and LNG plants. To the extent that they lost as a country enlarged their ability in technology in terms of coal utilization. "In the late 50's there was some special legislation passed in Japan that identified four favorite industries. They were petrochemical, steel, the utility industry and coal. Some of that legislation is particularly germane with the President's new tax proposal that is out. "Ore of the things that they did do is that they allowed fifty (50) percent depreciation the first year you place capital in service. If anybody has ever done a discount cash flow analysis you know what that does for you. But they found in the case of Japan that their coal industry, primarily due to their geology and their reserves, could not support the growth that they had anticipated. So, with the formation of a group called Electric Power Development Company (EPDC), whose original charter was to develop hydro, they developed a majority of the hydro that Japan had to develop. They are a government utility and are 70 percent owned by the government to generate and wholesale power. Their charter flipped over to prop -up the domestic coal industry. So, as a result in the case of Japan almost all of the technology with one exception, and that is the Hokkaido Electric Power on Hokkaido Island, and coal burning experience has rested primarily in EPDC which is a very aggressive utility. "In the case of Korea and Taiwan, again you have very small consumption. Taiwan has a population of about 17-million people. Forumla used in the United States and Japan is that 1,000 megawatts in generating capacity is adequate to supply the power requirements of a million people. You have 17-million people in Taiwan and substantially less than 17,000 megawatts in generating capacity with the per capita consumption substantially lower. Korea is much the same. You do have a larger population of about 35-million. Japan has about 120-million people, about half the size of the United States and with about half the overall generating capacity. Japan also has the largest utility in the world and that is Hakkaido Electric Power with about 35,000 megawatts of total capacity. That gives you a rough idea of the market with interest in the property. "Diamond Shamrock is a multi -national corporation. We have been eminently successful in the oil and gas business in Alaska where we have a substantial part of a rather expensive post hole in Beaufort Sea. We are in chemicals on a international basis with joint ventures in Japan, Korea and Taiwan and some other exotic spots. We have an international exploration and production oil and gas company. We produce about 55,000 barrels a day out of Indonesia. We have exploratory programs going in the North Sea and the China Sea. Domestically we are more of a gas producer than we are an oil producer. And we have some refining and i RDC Minutes June 10, 1985 Page 6 retail outlets in Texas, Oklahoma and Colorado. We are about the third largest retail distributor in the State of Texas. "And we have a coal company headquartered in Lexington, Kentucky. We produce about 9-million tons a year out of about 15 to 20 mines in West Virginia, Kentucky, Pennsylvania. We have one small mine in Utah. This particular project is not within the coal company it is within the corporate head's field. It is, good-, bad- or in different, the child of the chairman of the board. It has tremendous support at that level, which can often- times be described as sitting very close to the tiger. It has its good parts and its bad parts. "We acquired the leases from a group call BHW which is Bass, Hunt, Wilson. Dick Bass's name may ring a bell. He was the fellow that just went to the top of Mount Everest. Starky Wilson is a geologist out of Texas, and the Hunt is Herbert Hunt. At the time we had acquired the leases it was in joint venture with Herbert Hunt. We subsequently bought out Herberts interest and now control 100 percent of the project. We certainly anticipate that at some point and time in the future we will sell up to 50 percent of the overall project to other investors, be it foreign or domestic. "With the acquisition of the leases we launched into a fairly extensive exploration program. Starting in November, 1981, we completely drilled about two-thirds of the overall lease block. We drilled to the point that we have proven reserves in those areas. We have identified three lots for mining units. Contained within the lease block is in excess of a billion tons of coal resource in place. Within Unit 1 we have about 700-million tons of resource and about 350-million tons of recoverable reserves. "What is near and dear to a miners heart is what is called the strip ratio and that is the amount of waste you have to remove in order to recover a ton of coal. To give you an idea of what that number might be, a typical Eastern surface strip mine will strip down to 15, 20, or 25 to 1; so they will move up to 25 cubic yards of waste in order to get one ton of coal. It is going to cost you between $1.00 and $2.00 a yard to move that waste, so it doesn't take too long to figure out about what that coal has to sell for. A typical Western mine in Wyoming might operate with a strip ratio as low as 1 to 1. "There are mines in that area that people are producing in the range of 20-million tons a year without working at it real hard. If you get into the Northern Powder River Basin in Wyoming your strip ratio falls off a little bit, your quality is a little higher, but it has some other problems such as the distance from a deep water terminal. Whereas our coal is only twelve miles froc► deep water. Right now in the Lower 48 they are mining and selling coal in Wyoming for in the range of S5 to $10 a ton loaded on a train. If you shipped that to the West Coast, by the RDC Minutes June 10, IT85 Page 7 time you get it into a boat it is on the order of $40 a ton and the difference in cost is transportation. "We have a twelve mile haul. This is probably one of the largest single reserves in the world that close to deep water. There is one other neat feature. It's one of the things that you never do in the coal business. That is you never haul your coal by somebody else that produces it. Well it just so happens that this source of coal is closer to Japan, Korea, and Taiwan than any other source of coal in the free world. Mainland China has tremendous production potential but they have some infrastructure problems. They have tremendous reserves but they are all interior reserves and port limitation: Right now Chinese ports can handle only vessels on the order of 20,000 tons. As a result the coal that is delivered into Japan from China costs as much or more as coal from South Africa which is 8,000 to 9,000 miles away. We are about 3,000 miles away from Japan. "Right now the coal out of Canada is shipped to Japan on the Great Circle Route and passes right by the mouth of the Cook Inlet. "So those are some of the glamours that make the project very attractive. "Another thing about the project beomg in this particular area that is attractive is that Granite Point is probably the only legitimate deep water port on the West side of the Cook Inlet. There are other potential sites but one of the determining factors on operating a large vessel in this Inlet is, believe it or not, the variation in the direction of the ebb and the flood current. They don't line up in most places. In the case of Tyonek for example there is about a 25 degree difference between the direction of the ebb and the flood current. When you take the ship that is 1,200 feet long and pretty wide and you try to tie it into something and you put a little wind on it and a little ice on it and you hit it with a current of 4 or 5 knots quarter to the bow or the stern at 25 degrees you just can't get enough ropes on it to hold it and, if you do you, probably haven't a structure out there strong enough to hold the rope. So something is going to end up back out in the Inlet. In the case of Granite Point there is only about a 5 degree variation between the ebb and the flow. It is an unusual place in the Inlet. Drift River, down the channel from us, has a similar problem, they have about a plus or minus a 13 degree. They sort of split the difference when they oriented that one so it is bad all of the time. But its not as bad as it can get but its not real good either. So, Granite Point is one of the few, if not the only, legitimate deep water ports that you could operate. You can kind of talk about building another place, but your going to have a real hard time finding a skipper that is willing to tie his ship up there and let the ice hit it. "So, you've got a large coal reserve, favorable shipping ratios, RDC Minutes June 10, 1 85 Page 8 faN,.,rable transportation conditions, so why the heck aren't we mining coal? "We haven't sold any yet and one of the problems in selling it is that part of the world is used to a particular kind of coal and it is called bituminous coal. It is the type of coal that is mined in the Eastern part of the United States. It is on the order of 10,000 to 12,000 BTU's per pound. Our coal is about 7,500 BTU's per pound. You can't take our coal and put it in a boiler designed to burn 10,000 to 12,000 BTU coal without some very nasty things happening such as fouling up the boiler. You have to decrease your generating capacity. It takes a plant designed to handle this kind of coal. What that does to you is good news and bad news because as it turns out that this is probably the only competitive region of sub -bituminous coal in the world. But most of those places multi -source their fuel supply at the plant level. You can go to a plant in Japan and they will be burning Chinese coal, South African coal, Australian coal and Canadian coal all in the same plant. There is no real legitimate competition for this grade of coal any place in the world, that is one of the major marketing hurdles we have available today. We think we have about got that whipped. "When we first got involved in the project we expected that we could start construction possibly as early as this year. We could still start construction as early as 1986. It would be my personal opinion that we are going to be turning dirt about April Of 1987. Now the way that fits together is that utilities in that part of the world are going to source their coal about three and half years before they take it. There are substantial new plants planned in Taiwan and Korea as well as Japan, all to come on line between 1990 and 1995 if the world economy and growth rate hold up. Given that, you would expect that some time between now and the middle of next year they are going to begin to source that coal. We have talked with, on numerous occasion, every buyer of steam coal for electrical utility plant in that part of the world from Singapore to Korea. The market is going to be out there and we are going to end up selling some coal and building this project. "Now lets talk a little bit about projects. For guys like Franklin and I, its a dream. These kinds of things don't come along very often where you get to play with something of this magnitude. The mining part of it is relatively easy, that is why we don't have our mining engineer along with us: besides he is sort of inept at speaking anyway. It is much better to hear from a aeronautical engineer of biologist. Some of the fun parts about it are getting that trestle designed out into the Inlet. "In round numbers, 'our investment amounts to about $250-million in equipment and trucks. The transportation systems meaning main i access road and overland conveyance is on the order of $70-million. The port itself is another $220-million and the housing area about $45-million. If you add all of those up you RDC Minutes June 10, 1785 Page 9 should come out with $600-million plus or minus some change. "The plan is to develop the mine with a box cut in an area just above Lone Creek. We have extracted about 500 tons out of this area in 1982. We shipped 250 tons to Japan and another 150 tons to Ohio. It wasn't that difficult to get out of the ground it was just real hard to get from where it was to where we could get it on a boat. We moved about 500 tons with a helicopter at an average cost of $100 a ton. In any case we have developed a box cut in this area in sort of a chevron pattern. We picked the dirt out of that hole and we stockpiled it permanently off the area that was mined. Once you get that box cut made and we are using a combination of a shell truck and dragline mining method. The dragline will be down in the hole and the dragline is a real simple machine, it just sort of picks up dirt here and it throws it over there, and you use that for stripping the mine and the overburden and the waste materials. The truck -shovel operation up on top takes dirt from one side and hauls it around the pit and dumps it on the other side. If you could visualize yourself out in your garden and digging a trench and then just keep digging and throwing the dirt over your shoulder sooner or later your going to move the hole from over here to over there. And, that is sort of what we are doing. We'll mine in a chevron pattern and we can produce up to 12-million to 15-million tons a year for 30 years. "We have five seams in the area. They are named Green, Blue, Red 3, Red 2, Red 1: and, there is a seam called the Purple seam that is real deep. Seams get named in funny ways. I don't quite know why the colors. They are not green. They are kind of grungy looking blackish brown. Most of the time we are mining the Blue, the Red 3, the Red 2 and the Red 1. There is only about one percent of the overall mining area that is Green. "Seam thickness varies from a minimum of six feet to a maximum of 22 feet depending on the seam. Average depth of the first seam is on the order of 50 to 100 feet. The average inner -burden is on the order of 10 to 50 feet. They don't lay on there just perfect. When the coal was laying down it way fairly uniform, then it was domed up due to tectonic forces and a glacier came in a sort of scooped the top of it off. So, you have some rings at the coal center. The coal that you find down here that you will see in the river actually should be overlaying the coal that we are mining but it has been scooped off by the glacier. The coal up in this area that we will get a look at today should be overlying this coal, but it is gone as well. So, mother nature has got a bunch of it. If you were in Wyoming if the glacier wouldn't have gotten you the fires would have. Down there what has happened is that this stuff lights off spontaneously and it burns. If you have ever driven through Wyoming and seen those red bands along the side of the road they are called scoria and what it is its baked shale. If you go up and look at it real close you see a real thin ash layer around it and that ash layer used to be coal. When the area burned it baked the shale. There RDC Minutes June $5 Page 10� in one spot along the Chuitna where that has happened here. And there is some very nice fire clay, but most of it is just been impacted by the glacier. "We'll mine the coal and, when we get up to our full production capacity of 10 to 15 million tons a year, for a very short truck distance we'll haul out of the pit and load it onto a short overland conveyor and we will convey it a couple of miles to the main mine facilities, stockpile it here pick it up out of a stock -pile and run it down to an overland conveyor. "Overland conveyors are pretty simple machines. We'll most likely have one single belt for this and it cover a distance of abcut 12 miles from a 24 mile long belt to convey from the mine area to the port. The belt moves about 30 miles an hour and they are real rough to ride on, but coal doesn't have much problem. Depending on the type of system we use there are certain systems that you can actually operate with pieces missing out of the belt. But the belt doesn't carry any tension if you set it up on a couple of tables and run it along. We have worked with pipelines, tramways and worked with a number of different schemes but for the type of production levels that we are talking about this is the most efficient and most economical way to move the coal. The conveyor is covered over its entire length not necessarily to keep the coal dust from blowing, but to keep the wind from blowing the conveyor off. If you have seen power lines flopping up and down in the breeze, the conveyor belt will do the same thing and will pitch all of your coal off. A spinoff is to keep down the dust but it is not a very dusty system anyhow. It will cross the Chuitna River on a suspension bridge. There are several places where it will cross the gullies or go through hills. I would like to keep the conveyor relatively level. Now there is a little bit of a down hill run, we will be running from about 650 feet down to about 100 feet so we have about a 500 foot drop. If it was a little steeper you might be able to generate electricity with it instead use it to run it. In the places where we will go through a hill, we'll just make a cut, put in a culvert and cover the conveyer. It allows for free movement of wildlife and folks will be able to cross it with snowmobiles and in the area where they cross the gully then it will be elevated above the belt. "The port facility is located at Granite Point and is capable of storing up to a million tons of coal. Typically there would be about 100,000 to 150,000 tons in the stock -pile, at least a full shipload. The coal would travel to the port by conveyor and be deposited on the stockpile by a stocker reclaimer and later taken from the stockpile by the same stocker-reclaimer to be coneyed offshore on a 2h mile trestle to the waiting ship. The trestle will extend out in to the Inlet a water depth of a least 63 feet relative to extreme low water so we can operate it on any tide 365 days a year. And we use a linear shiploader which is similar to the one at Sun Eel. the only difference is it travels and we can load up to a 120,000 dead weight ton ship and never loose a RDC 'Minutes June 10, 1 85 Page 11 ship: loaded at about 4,000 tons an hour effective rate. Instantaneous rate would be on the order of 8,000 tons an hour so you are moving a bunch of coal." Questioned on the potential for siltation interfering with their required depth of water, Stiles responded: "What it is going to do before it does that is it is gonna have to soak up a whole bunch of cobbles out there about 10 feet in diameter that roll around on the bottom. When you have a dynamic system like that you Just don't get a lot of silt like you usually do. There is an area just off of the coast out here that they call a sand wave area. They are not exactly sand waves they are cobbles that roll up and down the beach and form waves. We are just outside of that area. There are two or three other cuts in that area too that certainly demonstrate some very long term stability with no indication of siltation. There is one place that you can get to 60 feet in water a lot closer than 12,000 feet, but you've got shallow water all around you. It is probably a coal outcrop. "Housing would be located right up next to the mine. The concept is single status housing. We would work four days on four dag9 off in 12 hour shifts. We expect that the majority of the folks would live in Kenai or the Kenai area on the Peninsula. We would shift out every day. At full capacity it's about 800 jobs, and about half which would be on the site at only one time and half of which would be off. If you shift out every day you are only shifting out about 100 people a day and your not shifting them all at one time because you've got one shift working while the other shift is getting off, so you are only shifting about 50 people at a crack. There are any number of aircraft around that can handle that sort of thing. Year round operation. I think that is about it. "Dormitory type housing. We think that with four days on and four days off it allows the folks to have a reasonably normal family life. It allows them to become part of the community. They can go to the high school to see their kid in the play. Sometimes they will miss that, but that happens to everybody. The twelve hour shift is a fairly efficient way to operate. We have operated mines in the East that way and have gotten very high productivity. We are typically one of the more productive miner in the country particularly in the East. So we think it is a system that will work particularly well. I think that sort of summarizes it. Let me tell you a little bit about what impact it might have on the Kenai Peninsula Borough." He was asked the percentage of skilled and unskilled workers to be employed, and replied: "Major need is equipment operators. When you have a $30-million dollar dragline you want a fairly skilled fellow. It takes about 100 railroad cars to bring in the parts for one big dragline and RDC Minutes June 10, 85 �. Page 12 about 18 months to assemble it on site. You are talking about a 300-foot-long boom so the boom the length of a football field sitting on the end of a box that is maybe five stories tall. Your trucks are sophisticated pieces of machinery. Diesel mechanics, electricians, etc. "Everyone will be working a four -day -on, four -day -off shift. You have cooks and maids and domestic help workin in the housing area. It is fairly high tech; not high tech but certainly qualified, very much like the workforce in Kenai. It is not our intention to bring in a whole bunch of folks from West Virginia. With any kind of luck I will be the only one with a Southern accent that you will have to put up with. It is certainly to our advantage to hire as much in local labor as we can. "Let me tell you a little bit about the land situation over there. Our lease area is about 20,000 acres, all located on State land. Placer USA's leases adjoin and total approximately 20,000 acres. We have applications in for additional leases and rights -of -way, one of which has been granted by the Borough for the transportation corridor. "The Borough owns a two mile wide swath East of the laa�&' area covering Congahbuna Lake, and it has selection applications that extend roughly down to the Granite Point's porch site. W7nat the Borough does not own the State owns and there are some private holdings right along the beach. One of your Commission members used to be one of those private owners. "The housing area is located on State land. We have put in for potential gravel sections, one is Lone Ridge, one along Nikolai Creek and two right along the transportation corridor. Then there on gravel sources within the lease area as well as on the Tyonek Native Corporation property. "As you may or may not be aware, the Seldovia Native Association has substantial land holdings in Kacthemak Bay State Park which the State has been trying to trade them out of for some time. In about January the State submitted to the Seldovia Native Association a Chinese menu of areas that they could select from for a possible slot. They included the whole coal lease area as well as Granite Point. This is now called 'Estate Surface In Mineral's it's a fairly -nice package. We are not quite sure what would happen on a severed mineral estate. "As you might imagine we developed a little concern over this, but not because it was the Seldovia Native Association. I think we would be much more concerned if it were Exxon. It is a thing called top leasing. If you're in the oil and gas business you know what that is all about. It appears now that the State has withdrawn this from consideration as well as Granite Point. "The housing area we will fly over is still in the state of limbo and we are still evaluating whether or not we can reach some 'I p RDC Minutes June 10, 85 Page 13 I 1 sort of accommodation. "But I think one of the important issues is this port area. One of the things that makes the port attractive is that it is potentially financable with government bonds, tax free bonds which have an attractive effect on the interest rate. It is a facility that could very easily be owned by the Borough, by the City of Kenai, by some municipal government Agency, which we would be prepared to lease back on a long term basis. If you have leased rates to adequately cover the debt service over the term of the debt, after that if turns out to be a pretty dandy cash flow fund. It might do an awful lot to help take care of that million bucks that you are short on on that property.. We are not sure, at all, that that kind of thing can occur if the land is held in key by a private individual as opposed to a r government entity." Andy Johnson interjected that it has been done in three cases of port facilities built by native corporations in southeastern Alaska using tax exempt bonding. Stiles continueds "We are still not sure that we can do it here. The bond council will never tell you its impossible, but they can sure tell you that its gonna be awfully dicey. And that is basically what we have been told. We think that it is in the best interest of the State, the Borough, and our best interest that that land (Granite Point 'porch site) remain in public ownership. We have approached the Borough with possibility of reviving their selection that had been applied to that property back before the Cook Inlet land exchange and. irrespective of whether the State withdraws it from further consideration in terms for swap at this particular time we would certainly suggest that it is a very good idea that the Borough continue to pursue the selection process and tie up that piece of ground. I think that sort of concludes my speech. I would be gald to anwer any questions. Questions: Questioned on the company's interest in a coal fired electrical generating plant as part of their development, Stiles responded: "First of all to answer the first part of thequestion, we have completed our feasibility study on generating power with that coal and have just initiated a more comprehensive study to further pin down the economics associated with the plan. A site was picked here a Granite Point. We are going to evaluate a more detailed site up next to the mine area so that you cut the transportation costs. We have talked to EPA, DNR, all of the electric utilities in the State and its our conclusion at this point and time that no -body is going to get out in front until something gets resolved on Susitna if it ever gets resolved on Susitna. We are all going to sit around in a circle and ring our i RDC Minutes June 10, 1 85 Page 14 hands and wait for something to happen. So I think what we are planning on doing is proceeding with those things that have to be done from a planning standpoint on a power plant located on this side of the Inlet. We have committed a substantial amount of money to a more comprehensive study both from an engineering and an environmental standpoint. "We are not opposed to Susitna but we certainly do want to see is cheao power as long as we use a whole bunch of it. We need about 40 megawatts ourselves and we would be a very substantial customer of a power plant that was built over here. The timing is one of the questions. We look at demand situation and it certainly appears that you are going to have a short fall of generating capacity in the railbelt area some time between 1990 and 1993, maybe its 1991 or 1994 but it is in there someplace. And in order to be ready to meet that short fall, Susitna is not an option for that short fall. Somethings got to happen. Now, what we can do as a State is we can continue to add gas generators and bide our time a little bit longer to wait for something to happen on Susitna, and as we do that the cost of an alternative to Susitna is going to continue to escalate. Or, we could make a decision to go forward and run the thing right up to the stops, where you are ready to push the button and start construction, and look at in a very serious way to coal alternative. I don't think that that's happened. Well, I am here to tell you that we are going to give that a shot, and we are prepared to spend the money. We look at it from a purely investment standpoint and we kind of think that we can generate some pretty competitive power and make a pretty dandy return in the process. The thing we can't do right now is get to far out in front or because it just blows us out of the tub on all the other permitting that we have,. got going on this project. "Twelve months. Let me give you some round numbers. The Korean's forecast twelve 500 megawatt stations between about 1988 and the year 2000. Now that is 6,000 megawatts of generating capacity. The total production from this mine of 12-million tons a year is about 3,000 megawatts. The Japanese have planned j between 1990 and 1991 about 7,000 megawatts. Taiwan has a in where they are looking at about 4,000 or 5,000 megawatts in one complex all in one time period. So we don't need them all we just need enough of them." I Respectfully subm d, -- � Brenda Rozell Resource Development Secretary i J A Ward Landscaping Service P.O. Box 356 Soldofna, Ak. IiW9 Phon# 2824M March 29, 1985 �o .1 `14J30,jj., Mayor - Tom Wagoner 1A V. City of Kenai ! •' �/� S n P.O. Box 580 d, Kenai, Ak. 99611 r Dear Mayor Wagoner, .F741 Pending the passage of a landscape ordinance and the establish- ment of a landscape review board, I would like to submit my name for consideration as a member of the board. I feel it is imperative that a person directly involved in the business of landscaping be included on the review board. Ideally that person should be a landscape architect who is actively involved in the design of landscapes of the area. To my knowledge their are no land- scape architects working on the Kenai Peninsula. As a landscape contractor I have been involved in landscaping on the Kenai since 1975. We have actively pursued the design, construc- tion, education, and promotion of landscaping in this area. I feel my experience qualifies me as being very knowledgeable of the require- ments necessary to provide an attractive landscape at a reasonable cost. I feel that I could provide valuable data to the other review board members in their review of submitted plans. I have experience that would assist the developers on the establishment of a landscape plan that would contribute to the beauty of the city. As a contractor we will be soliciting for the installation of these projects. I do not feel that any conflict of interest would arise from my attendance on this board. I would appreciate the opportunity to serve as a member of a landscape review board. Thank you for your consideration of my offer. Sincerely,, / Bill D. War d J 1 1 A PUBLIC LIBRARY IN HaRVICQ BINCQ 1949 I N ' BOX 157 KENAI, ALASKA 99611 :�j,6 REPORT FOR THE MONTH OF May, 1985 Circulation Adult Juvenile Easy Books Fiction 1558 545 1180 Non-fiction 194T 203 296 Total Book Circulation 5T31 Films 86 Pamphlets and Periodicals 161 Phonodiscs 149 Puzzles 1T Cassettes 170 Video Tapes 2 AV Equipment 75 Total Other 660 TOTAL CIRCULATION 6391 Additions Gifts Adult Juvenile Easy Books AV Total Purchases 112 144 17 8 13 5 23 160 2 164 25T 30 13 25 32�+ TOTAL ADDITIONS 324 Remedial and Re-vork9d Books Adult Juvenile Easy Books Total T3 15 13 101 Interlibrary Loans Ordered Received Returned Books 29 42 72 AV 68 20 20 Interlibrary Loans by our library Books 78 12 requests to out-of-state Films 77 4 forwarded Phonodiscs 2 Volunteers Number 31 Total Hours 638 Income Fines and Sale Books 62T.05 Lost or Damaged Books 114.65 Xerox 206.00 Donations 43.40 TOTAL INCOME FOR May, 1985 $991.10 1 9(mal Community .fdnaty A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued May, 1985 Kenai 197 Anchorage 1 Clam Gulch 1 Kasilof 3 Nikishka 14 Ninilchik 1 Soldotna 50 Sterling 3 Total 270 r o� d r' J IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI DONALD D. NICKEL, Plaintiff, ) Vs. ) FILED in the Tow cWtb Etato of Maki fhod MOM TIN ROGERS and CITY OF KENAI, ) of%#hot Defendant. ) Jar•.=.401985 3KN 84-470 CI Oak of fho Tdot COCA, By-- Do* DECISION ON MOTION FOR SUMMARY JUDGMENT Defendants, Tim Rogers and the City of Kenai, have moved this court for an order granting summary judgment in favor of defendants on all issues of liability raised in plaintiff's complaint. plaintiff has opposed the motion for summary judgment. The issues raised by the motion are now properly before the court for decision. Plaintiff's claims in this litigation arise out of a complaint filed on or about March 1, 1984 by the City of Kenai against Donald D. Nickel, dba Life Science Church, 3KN 84-180 CI. In that complaint, the City of Kenai alleged that Nickel owed it past due sewer and water charges in an amount to be proven at trial. 1/ The City of Kenai claims that Nickel is the owner of the property based on the public record of conveyances affecting title to the property. A summary of the relevant documents affecting title to the property in the times in question follows$ (1) Nickel and his former wife acquired title to the property on or about 1974. At the time of the acquisition of title, they executed a purchase money deed of trust in favor of the State of Alaska, Division of Business Loans. J Kenai Municipal Code S 17.15.010 and 17.20.011 a charge for water and sewer service with respect to structures which were located within 200 feet of a water and sewer line. There is no apparent dispute among the parties that the structure on the subject real property is within 200 feet of the water or sewer line and that the owner of that property, whoever it may be, is liable for those charges. The amount claimed by is $115.67 (letter of 11/17/83, Rogers to Nickel) or $7 (Peninsula Clarion 2/11/95). `. 4N£ fqu TIvP0~ s Nickel V. Rogers, et al s•'a 3m 84-4/0 ci Decision on Motion for Summary Judgment Pago 2 (2) On August 7, 1978, Carolynn Nickel and Donald Hickel executed separate quit claim deeds of the property to "Life Science Church, Chapter 101127, Donald M. Nickel, Trustee*; (3) On June 30, 1982, the Life Science Church, Chapter 101127, quit claimed to "Relevance Unlimited" all its interest in the subject propertyt (4) On June 30, 1972, Life Science Church, Chapter 101127, - the seller, and Relevance Unlimited, the buyer, entered into a contract for sale and purchase of the subject real property. Under a contract, Relevance Unlimited was entitled to possession of the property on July 1, 1982. The Life Science Church, Chapter i 101127 is to convey the property to Relevance Unlimited by quit claim dead upon fulfillment of the latter's obligation to complete I payment in the amount of $70,000.00 on the property. The stated payment schedule runs through January let, 1993. On July 1, 1979, Donald Nickel resigned as trustee of the Life Science Church. His resignation was made known to his fellow trustees by a letter of that date. on July 12, 1979, the resignation of Donald Nickel as trustee was accepted by trustees Phillip A. Davis and (unintelligible) A. Cook. On June 1, 1982, Donald A. Nickel and Relevance Unlimited entered into an agreement whereby Donald Nickel would provide expertise in the field of chiropratic to Relevance Unlimited. Under this agreement, Donald ., ;. Nickel has continued to operate the premises upon which the sewer -' and water assessment is asserted by the City of Kenai as a chiropractic �I clinic. Donald D. Nickel filed this suit June 1, 1984. Because f" of some doubt by the court and defendants over the exact nature of plaintiff's claims, a pretrial conference was held on March '. 27, 1965. During the course of the pretrial conference, plaintiff stated his claims and the asserted legal theories by him in this action. Briefly summarised, those claims and theories are the The q•zit claim deed described in paragraph 3 was recorded at _ - Book 206, Page 640, of the records of the Kenai Recording District, on April 20, 1983. The contract for sale and purchase described in paragraph 4 was recorded at Book 206, Pages 641-643, of the ell records of the S -i Recording District on April 20, 1983. r� I it i i T I Nickel V. Rogers, of al 3KN 84-470 CI Decision on Motion for Summary Judgment Pago 3 0 ow ngi (1) That defendants by filing 3KN 84-180 have engaged in malicious prosecution of plaintiffs (2) That defendants by filing 3KN 64-180 have engaged in abuse of process against plaintiffs and (3) That defendants by filing 3KN 64-100 have engaged in unlawful discrimination against plaintiff. 3KN 84-380 was dismissed by order of this court on January IS, 1903. The dismiosal wan on procedural grounds in that plaintiff, City of Kenai, had failed to file an opposition to Nickel's motion to dismiss. Since the dismissal was not with prejudice, essentially the same claims asserted in 3KN 84-180 were stated in City of Kenai, Plaintiff, v. Donald D. Nickel Relevance Unlimited, Life Science Church, Chapter 101127 and South 600 Poet of Block 1, Etc., 3KN 85-129 CI. In the suit which is the subject of this motion, Dr. Nickol continuos to assert that by filing the second action, 3KN 85-128 C1, defendants herein continue to engage in malicious prosecution, abuse of process and discrimination against him. It is these claims which are the subject of defendants' motion for summary judgment. Defendants in this motion assort that under none of the legal theories advanced by plaintiff is plaintiit entitled to judgment as a matter of law. Specifically, defendanto claim that the three elements necessary to support relief in a malicious prosecution action arc (1) lack of probable cause, (2) a purpose other than securing proper adjudication of the claim, and (3) termination in favor of the defendant in the underlying action. Defendants assort that the City of Kenai had probable cause to file the first civil action against Dr. Nickel for collection of water and sewer charges. The record title as it existed on the date of the filing of the complaint showed title in Relevance Unlimited. The record failed to show the status of Relevance r r Nickel v. Rogura, of al 3KN 84-470 C2 f" Decision on Motion for Summary Judgmont Pago 4 1 b tion artneruhi Unlimitod as a logal entity whothor t o a corpora , p p, or a solo propriotorahip. The same is applicable to the prodoeonsor in title to Relevance Unlimited, the Life Science Church, Chapter 101127. Defendants assert that since there was no indication on the record that either Relevance Unlimited or the Life Science Church was capable of holding title in their own name, that since Donald A. Nickel was named as a trustee in the conveyance to the Life Church and oince Donald A. Nickel continued to use the promises as a chiropractic clinic during the times in question, there was probable cause to believe that he was the owner of the property and liable for the assessment. Defendants also assort that the civil action 84-180 was commenced for a purpose other than maliciously prosecuting Bickel. Mr. Rogers' affidavit filed in support of this motion shows that at the time suit was filed against Nickel in January, 1984, suit was filed against four other people owning property within 200 foot of a sower or water line, but who had not paid the required assessment. The only other two properties which fall within that category in the City of Kenai wore not the subject of litigation because they wore to be connected to the water system and assossed under a different ordinance. As to the abuso of process claim, defendants allege that for abuse of process to occur there must be a use of the process for an immediate purpose other than that for which it was designed and intended, Comment D, Restatement of Torts, 2d, 6 692. Defendants here assert that Nickel has boon unable to show that process was obtained in 84-180 for any purpose other than that of securing the immediate jurisdiction of the court over him. As to the allegations that the City of Kenai is discriminating against Nickel, defendants argue that Bickel must show that there has been come discrimination on the basis of racial or religious pojudiee and that here there is none. Again, it is argued that r i [FI I tI. I G ' it r rf i_ 1 1 n .:, ' r r J Nickel V. Rogers, at al 3KN 64-470 CI Decision on Notion for Summary Judqmont Pago S Nickel was not ainglod out for special troatmont from among thou* failing to pay the required asnosamont, but rather was named along with all othera who wore going to continuo to be liable for the unpaid assessment. Nickel counters dofondanta' argument by relying on two newspaper articles from the Poninsula Clariona and the Ad -Visor on Pabruary 11 and February 13, 1985, respectively, what* those publications report that the City of Kenai has filed suit to collect 0717.27 from a resident who claims church status for private property. The articles describe the church as not being listed in the phone directory and not registered as an incorporated church with the federal government. DISCUSSION 1. Malicious prosecution. The principal question to resolve on the malicious prosecution issue is whether the City of Kenai acted without probable cause in asserting Nickel's ownership of the subject property. The court concludes that the city acted with probable cause in January, 1984 when it filed civil action 04-100. The record on that data with respect to title of the subject property disclosed that by conveyances dated August 7th, Carolyn Nickel and Donald Nickel conveyed the subject property to the Life Science Church, Chapter 101127, Donald D. Nickel, Trustee. Under principles of trust law, legal title was then vested in Donald Nichol, trustee, and equitable tila was vested in the Life science Church. The subsequent conveyance from the Life Science Church to Relevance Unlimited by trustees other than Donald Nichol was ineffective to convey Donald Nickol's legal title. No substitution of Donald Nickel ae trustee for Life Ecionce Church has been diaciosad and recorded and the court must assume there was none. For that reason, the City of Kenai had cause to believe that Donald Nickel, at the vary least, as truatoo, was the legal owner of the property subject to an equitable itereat in the Life Science Church. Even though the suit filed N u Nickel v. Rogers, of ai 3KN 84-470 CZ Decision on Motion for Summary Judqmont pago 6 } in January, 1984, improperly charaeterizod tho relationship between Nickel and the church as Donald A. Nickol, d/b/a Life Science Church, that mischaraoterization is not construed by this court to be indicative of any lack of probable cause for assertion of the City of Kenai's claim. Aloo, the court concludes that tho primary purpose for the suit was to recover unpaid sower and water assessments. The suit against Nickel was filed along with all others who wore going to continue to be liable for the assessment, with the - exception of two who woro going to be hooked up to the city system. Nickol's response to this motion otatoe no facts by affidavit which support a different conclusion. On the other hand, defendants• affidavit in support of this motion, together with the attached documonta, demonstrates that the purpose of this suit was to eolloet the unpaid assessment. in a claim based upon abuse of proeoas, the plaintiff must show that process was used for an immediate purpose other than that for which it was designod. Here tho only process used against Nickel was the summons issued on March 1, 1984 in 3KN 84- 190 CI. Since the sole purpose of filing that suit was to obtain an adjudication that the sower and water charges were owing and to obtain a judgment for their amount against Nickel, the process issued incident to the filing of that suit was for the purpose of — ; socuring juriadicEion over the controveray. Nothing in Nickel's I opposition diacloacs any factual basis which would support a different purpose. For the foregoing reasons, Nickel has failed to prove any element of malicious prcceeution, Restatement of Torts, econd S 674. I For the reasons stated, the court concludes that as to plaintiff's claims for malicious prosecution and abuse of process + ` there are no genuine issues of material fact. The court further 1 �J Nickel v. uogers, at al 3KN 84-470 CI Decision on Motion for Summary Judgment Page 7 concludes that for the reasons stated above, defendants are entitled to judgment on those issues as a matter of law. 2. Discrimination. There is no actionable tort founded on more discriminatory enforcement of the law. Claims founded on discrimination must have as their basis a claim that the enforcement complained of is based on a racial, religious, sexual or other distinction, the equal protection of which is founded on some constitutional or statutory guarantee. In addition, the claimant must show a "deliberate and intentional act to discriminate", State v. Reefer King Co.. Inc., 559 P.2d 56, 65 (Alaska 1977). While it is true that defendant alleges a religious bias as the foundation of this suit, defendant has failed to demonstrate a factual basis to support the claim. The newspaper articles of February, 1905 do not show any attempt to discriminate against Nickel or the Life Science Church in the questioned litigation. Defendant has demonstrated a factual basis to the contrary by showing through affidavit that Nickel and others were the subject of the sewer and water claims of the city. The common basis applicable to all the city's claims is that they are asserted against properties, including Nickel's which lie within 200 feet of a city sewer or water main. On these facts, the court is unable to find a legal basis to support plaintiff's claims based on discrimination. Accordingly, plaintiff's claims against defendants based on unlawful discrimination are dismissed. On the basis of the foregoing, it is ORDERED, ADJUDGED and DECREED: 1. Plaintiff's complaint is dismissed. 2. Upon motions timely filed, costs and attorney's fees will be awarded the prevailing party. 3. Defendant, through counsel, shall prepare a final judgment. Q 40 -_ Nickel v. Reners, at al UN 04-470 CI Decision on Motion For Summary Judginunt " page 8 DATED at Renai, Alaska thi A ,oF Ju 1984. S01, IV Superior Court J6dgo I horeby oortify that a copy of tho foregoing document was aent on to the fo ow ng: Nickel Rogers Deputy Clark Col Law Clerk I i k' L I h r j r 1 tl O _ F 1 1 U e 1 • oo�. 0 •ram .t i 1 1 r TIM AMEae COW AIM"y •" MY O11UNM •ew•AwM"wui! x F � 1 y ' . . { 1 IN THE TRIAL COURTS FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT KENAI PENINSULA BOROUGH ) ' FOR THE USE AND BENEFIT j OF THE CITY Of KENAI, ) Plaintiff, ) F= In the Trial Courts State of Alaska Third District vs. at Kenai ROBERT JACKSON, "JUN 1 905 Defendant. ) Clerk of the Trial Courts 8Y Deputy Cast No. 39N 83-00874 Cl. JUDGMENT THIS ACTION having been heard by the Court without a jury, and the Court having filed its Decision on Motion for Summary Judgment on June 11, 1985 granting Plsintiff,s Motion for Summary Judgment= IT 18 ORDERED, that Robert Jackson be and hereby in Permanently enjoined from operating the automobile repair business on Government Lot 137, Section 34, Township 6N, Range 11 N, Seward Meridian, Kenai Recording District, State of Alaska. DATEDa This , day of June, 1985 in Kenai, Alaska. `A` ����� 5upetiot curt Judge• • 11 1 i i� .T__/VP0 -r a CITY OF KENAI „od ear lA" 210 FIDAL00 KENAI, ALASKA 50611 TELEPHONE 263.7636 TO: William J. Brighton FROM: Charles A. Brown SUBJECT: Convention Center DATE: November 6, 1984 Attached is a workpaper estimating revenues relating to a Convention Center (Community Center?). The assumptions upon which the numbers were based were not developed by me, and I have no assurances that they are reasonable. The primary assumptions were: 1) We'd have 10 conventions of 350 people per year. 2) We'd have 15 conventions of 150 people per year. 3) All conventions last 3 days. 4) All attendants stay the full 3 days in Kenai, and spend $150 per day in Kenai. Perhaps a good question is: Where's the break-even point, given an annual operating cost of $256,000 per year? Let's assume that we have an average of 57.5 conventions per year, each with 200 people attending for 3 days, using 3 rooms each day. The ballroom is used once in each convention. And, we have 52 miscellaneous rentals during the year. Room Rental by conventions: 57.5 X $125 X 3 X 3 $ 64,688 Ballroom Rental: 57.5 X $500 28,750 Miscellaneous Rentals: 52 X $125 6,550.,0,. Total Rental 99,938 Sales Tax: $150 X 3 X 57.5 X 200 X .03 155,250 Grand Total $255,188 1 made the same assumptions about sales tax (each person spends $150 per day in Kenai for 3 days). This would indicate that, in order to break even, we'd need a fairly large convention more often than once each week. Also, keep in'mind that only the rental portion could be accounted for. There is no reasonable way to keep track of sales tax revenue that would be generated. ii_ L _Tr s/ ' .,t •. .I\•1_ •`/ - ,..E - s ,. • AMOUNT �• • CONVENTION CENTER REVENUE_ . J10 •�ARGE CONVENTIONS ' r''• '. ":: t'BALLROOMs '5*$400+5*$600 59000 �'``"� ;,n",;tiYi ,. 15 SMALL CONVENTIONS .CRUCIMT 13 :., ,,,, M*154D0 is , Oou, . PON$$ 15*$125*3*2 119 250 ; ^.l.rf j"r�J;'i• lrr'!�•.jr':.,,,..^ . .. 'i :;. �31'.: e'1• /!�," M-.�-.-A� J''� u 'r,'.,YOTAL�rRENTALB 39,750 t 1,,,�•' i�I� +��r'yy'iIf'il'fS.+a1ri f.} r^hJ- ..r.', �J�t .t ,'1' r �) �t►. `REVENUE ,r..• '1'• , .'r . ; ' .:. ' :An' c r SALES .''jAX ' ...';:, • �` '11.10 "LARGE CONVENTIONS (350 ) .•a'' �r3 DAYS, '5150/DAY, 3% 479250 �s pM LL CONVENTIONS (150) . t, • ;l DAY„}'s 150/DAY, 37 30,375 u..', . •'..u�t;f'iN,+� OTAL SALES TAX 779625 'v'" ,f, I bt nry4 r 1. f L Itr ,,,:...: • d' .. gRANO, {sf..OTAL ,, ::Y . 'r-t:'r;°rf•.�•s,":, • .:y;p�4' �r�{�:: i 17, 375 �1...:;•' `'=i,,�'' i`,Xir�ll.�iyt �lT�ij�-4V t?'� •{ i �h - . [• I � ! •j{}"1NJ' V.i/`�i�i AS'SUMPTIONSs ANNUALLY, WE WOULD HAVE •: ' 10 LARGE CONVENTIONS (350 PEOPLE) �•" ^ ' �� pR 1 DAYS. x%%LARGE CONVENTIONS WILL USE 3 MEETING ROOMS EACH DAY.:'.;",, -CONVENTIONS MALOCONVENTIONS WILL USE 2 MEETING ROOMS EACH DAY. ;, ALL • r `,+EACH PERSON WILL SPEND THE FULL 3 DAYS IN KENAI, AND SPEND $150 PER DAY IN KENAI. ..,,;;.,I:.REMARKSs THE SALES TAX REVENUE WILL BE RECORDED IN THE GENERAL FUND. - .''"'THEREFORE, ONLY THE RENTAL WILL BE A REVENUE SOURCE TO THE hAKLIMM9 $256,000 PER YEAR. BASED UPON THAT FIGURE, THE FACILITY WOULD a 'LOSE ABOUT $2169250 PER YEAR. EVEN IF WE COUNT THE SALES TAX REVENUE, bTILL LUWh 1P1Jdjb4* VLK TEAM. •cif: "��y'/'✓ �!f`!.'.G: i : .. ' 10 m • ••'1 •., {.i" �,'' '.i : ;r�. frY.• .�.J',:�+�4i7�� ..:" �i `�•�>rrt. �: .; ..,, ;ir l�}� '.',. •. ,. � '; ' .•'� �, ,'�y'• . •.� - .}. .%, .!v' • r.('.:1.'. {' ,. .r�i./�i' , /•iS�1�1,L, ;y; /�'r� ,�it:=✓��: ..it; .�. -A '•l,' r 1�, '} �.,1 (,� t � • . ,�,,:µ .,..I +.'.y' ,.Xd.+..l., i �'t' �� ��_ �' . .q�, �� ••r • �' ESTIMATED BUDGET t:•f '' 1 ''%�pt4' .� 'r. .,:. �.tj 'r .• !�F"'!.,i.•' 1, �, •: , • COMM•Uy� CTR.t:,a ` j�f '� •'i.'�n... • : w :• s ; � :'�'rt. .,. •)• ;!.:1 � r 'r O 'll i iS' '`r r j j �::; Y• �Fi� _ hr:. i),' .., rA l:.( i.i f��T�:r .�Ys, t., i {. ; Y •'.� , • •'�1'r�•:'<, : y .' {,, r' �' •! : 1.,. t `•Ar'Y�iP!•'p)�,r.,'• •'�iG: •r •,4.,`, i .'.rii.,• % 1 �i/T. •'� t��.' •. �jy., .T�,/`!� iI,1..: ...7•, q �Y tHr 1, •.•rr r,t{j 0/T O/T' HOL...:' LV. .'LV.' 9.937f• 1: 2Y.i ;`'t'lY. ' 1% t3900 ,. . . f DEBCR.. RNB ;':SALARV'jCERT. .HRB..' HRB. ' PAY.: PAY.! HRB.° `.:'!PAY ► BUS ,PERS'S SUPPL`:y`'i fSC ' W/C HLTH TOTAL MANAGER t 208 ; 43872 .;•:: : • : ' , 112 • 2362 '' 46234 ' .4391 '^ 877 462 •' '• 462 3900 56528 ' 1 SECR. Y78 '`•r 23266'`, 35 587 ;ffr 112 p 1253 25106 : 2493 465 251 251 3900 32466 1 F/T HELP 118,t° 28271 20 408 ;'r; j .'e.�112 % '.1522• 30201 - 2999 •,' 565' 302 ' 302 3900 38269 O F/T HELP,119 + z' 28271' ; ;.:•112. 1522 " : `29793 j 2958 565 ' 298 298 3900 37813 1/2 TIME '' 78 r 11633 56, 626 ?':12259 %1217 233 133 123 13955 1 PERSONNEL, o 7286 143594 14a59 2706 1436 1436 tls ' tw �. 135313 '"'� ; . , i. 99li 15600 179031 r • ; p , a: `,'. `: ' rr.: > d ELECT, $1500/MO 18000 , i ..: `'{'}.'':• i" OAS, •500/MO 6000 +; :a'. ► .'• GARBAGE, $50/MO 600 t !�;+,�rtt_ r �. y }Ib,v':.'..: TELE., f200/MO 2400 ,. . • %i.4; %::. i JANITORIAL 20000 TRANSPORTATION ., ;r .. r.,,r,��:s'• ,:J i�.,,..•iJJ . t.• PROMOTION 5000 5000 •: ;; .r ,r ' upP1' st,' r1isc. 20000 • '�i i',5 .•'�fy'�*r%,��':. v!�t�R•Y �"•• Yti!�t .'k •. Y!f':r:t�i s.•• .' �{.�..4. wt' •• • /• 1 ;� • ': l� t ; �. '.: ' ;; �' �• .� ;. • ,.:.; ,'`��1+, : . i t , TOTAL' 1 236031 .' r: r. ��: it } •r ' ,. . i' •%t:•' ��j� ' R: }i'• tY ,:yM •:l'i f; �. ,. . /.iwi.r ,•rA`. $ �� a, 1.' •J. j:wS f i }. �•,i r .''lY'.' •tYs1•�•'�1''' } t. t` J. LF,',' +• ..r.'s� i . > t, � .•• ;.Y ' t.::.•� } tr,,:9 s!•'$ .{:, t, �,p y},t ,w ri.. v ��•, o �.s''. :t i If">w•16 '7:5. c•.q My�ry •�.. 1•: �1 ,Ct .,�•.r;' %:',; 'Z.A�i:.i':srr,li�r�,'bif��•�r��•�i��,,'}•jt, �.T� �,. ,l'Y" 1. t�. * ',ry . � t I aY�,a.i .}. " :+f•,r•'�i•�..TT{ �' .,•,� ,r n,l.,"re!.����/�,.{Ff: A.f '':t.t•.. {�4`'i't. �{..�1��.•t•;ii f.':�! �!" f.y�,' •.c'i�•' 0( •, , . �:��' r• +•... 1r' . e,i" i ~:;Ja� yy '• T '�; . +� • s : �, ''ld,' 4:c, •'';ir4 . 'l. • • •':.t f s •�.}� . �4'�� 1.''•' t .1i.ij; �Ti• "i!! rs,1 :r, t}: 1' �;.�'::,1'nl',• Y. ,(t.yi• . ' •�' �.•/• ����'. ' ., ~ :{. V ..,i/.i���j:'I Sri• Z,•'�it:.r�' :��.{t`.�.rr l•••a�..,,�.:t,:}.�. ,; ���•t`•,�i' If*/ � .,r .;• it.►'r}'�'''• r .. 'r•i:. '"t�••'r?` �•r Yr �L^::.r�•t•«.i.�.t:v' •�,..y�•.�.�rt..•,. r . ,f'�".. •' , .i ''f•� �i. . '•},.1;::. ,/ ti .. ) :Ji��• ♦ ,; N' •/> � '>•, ,Tr�r •tj'!!'r,t • �i;{:r .: 1.• �•t :,, , • • T EE i J ` I 1 ' i CITY OF KENAI FOR COUNCIL INFORMATION Transfers of Funds under $1,000 under KMC 7.25.020 (a) Date Department Amount From To Explanation 6-14-85 Streets 900.00 Rep. & Maint. Rentals Dozer rental for work on cemetery 6-24-85 PW Admin. 400.00 Travel Misc. Course fee for seminar 6 membership dues 6-25-85 Sewer 800.00 Contingency Rep.&Maint. Repairs to lift station 6-26-85 Library 100.00 Rep./Maint. Sup. Oper. Supp. To pay for inventory Sunday (D 06-28-85 �, ESTIMATED BUDGET 1 1 COMMUNITY—CTR--- SALARY LEAVE PERS SUPPL. ESC W/C HE :_'H TOTAL j MANAGER 178 399256 29114 49377 750 414 414 39200 30,524 SECRETARY 78 24,106 1,298 29688 482 254 254 39200 32,282 TOTAL — 69,652 39412 79065 19232 731 731 69400 899222 UTILITIES 259000 TELEPHONE 29500 i AN i TOR I AL---�20' 000-- TRANSPORTATION 5 000 PROMOTION 5, 000 UPPL—IES--"I9C-- --20i000-- INSURANCE 109000 b D—?%iTAt—---17W/22— i � E I a- , 1`=.i . ...,.. 7 4.. . .- - .., .. 1. _ . AMENDMENT TO LEASE that certain lease between the City of Kenai and WAL1ER-C. CHURCH and FRED PA%TON, dated October 7, 1983, and recorded et !look 221, Page 824, covering the Following described property Lot 3A, Spur Subdivision No. 1, 1983 Addition to hereby amended as followas 1. The application for lease shell be amended to incorporate the followings "Exhibit B"s Landscaping and Packing Plan for Kenai Bowl "Exhibit C"s Building Design - General Notes and Scope of work - James A. Bradley, P.E. "Exhibit D"t Standard Facades for Bohlen Convex Buildings 2. Completion of Construction Phase Is Construction of convex stool building shall be accomplished with the plane and specifications submitted to and approved by the Building Official. Said construction shall be completed prior to October It 1985. Phase Its All improvements specified in the plans and scope of work designated in Exhibits OR, C and D" shall be accomplished on or before December 31, 1985. 3. Eacrow Requirement Lessee shall be required to escrow the sum of $35,O00.O0 or submit a bond in that amount to National Bank of Alaska as security for performance of work required under Exhibito "C and D". Said escrow or bond amount shall be retained pending written notice by the City of Kenai that said work has been satisfactorily completed. The preceding shall supercede and/or amend the original lease application incorporated by reference in the lease agreement to the extent not addressed or inconsistent. LESSORS j .. i flu Am"11 ;,m Angn.tr CITY OF xWM WAS A,ASAA 9%11 ' J N1fU, 1. L r �3 1. f J 1 I � i LESSEE s 0 CITY OF KENAI r By m. Brign Cit onager •iI�r11A'�.r • J / Y£11AI PENINSULA BOROUGH BOARD OF £011A1.I7.ATION AND REGULAR ASSEMBLY MEETING MAY 7, 1985, 7,00 P.H. BOROUGH ADMINISTRATION BUILDING SOLPOTNA, ALASKA - A G E N D A- Pasto No. ,j A. � CALL. TO ORDER AND ROLL CALL OF BOARD I B. STATEMENT OF BOARD CHAIRMAN v 1 C. HEARING OF APPELLANT D. STATEMENT OF ASSESSOR `` 1 E. DECISION OF BOARD AND RECESS OF BOARD I Fo Chg A. CALL TO ORDER OF ASSEMBLY I B. COMPLETION OF APRIL 16, 1985 AGENDA 2 (a) Res. 85-68(8ba0 "Rescinding Res. 85-6 and Authori- zing and nstablishing Conditions for the Sale of the Property to Cook Inlet Aquaculture Association" 2 Adptd (b) Res. 85-69 "Authorizing Negotiations for Trade of Borough owed Land in the Nikiski Area for Salamatof Native Corporation Owned Land in Nikiski Area. Land to be Classified as Borough Owned Land and to be Used by the Kenai Peninsula School District as an Elementary School Site for the New Proposed 1985 2 Adptd _ Bond Issue, Nikiski Elementary School" (Mayor) (c) "Supporting Senate Bill 37 and House 194i�viding for Management Plans and Regulations for Such Plans to be Adopted by the 2 Adptd P Board of Fisheries" (Dale) B. OTHER BUSINESS (a) New Liquor License Application: Down East Saloon 2 and Pat's Liquor, East End Road, Kachemak Area (b) New Liquor License Application; Hyacinth Loop 4 Liquor Store, Grey Cliff Subd. * * * * * A. CALL TO ORDER (MAY 7, 198S.AGENDA) 4 B. PLEDGE OF ALLEGIANCE 4 C. INVOCATIONt Assemblymember David Carey 4 D. ROLL CALL 4 E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYME14BER F. APPROVAL OF MINUTES, April 16. 1985 4 Appvd G. COMMITTEE REPORTS (a) Education (Walli, Johnson, Mullen, Skogstad) 4 (b) Finance (Crawford, Carey, Fandel, Nash) (c) Land Acquisition/Disposal (Keene, Johnson. Moore) 5 (d) Legislative (Dale, Keene, Skogstad) 5 (e) Local Affairs (CareMoore, Stephens) 5 (f) Public Works (Sewall,y, Dale. McGahan) (g) 11nt'l Rsres ()LcCshan. Dale, Mullen. Stephens, Glick) 5 i t Page No. It. AGENDA APPROVAL AND CONSENT AGENDA (a) Rea. 85-74 "Objecting to Discontinuance of the ustumona i.ake Hatchory Program" (Mullen, Moore 6 Adptd Click, McCahan) (b) Res. 85-75 "Approving an Intergovernmental Co- operat ve Agroement Between the Boar Croak Fire Service Area and the State of Alaska, Department of Natural Resources, Division of Forestry 5 Adptd (Mayor) (e) Ron. 85-76 "Approving an Intergovernmental Co- oper— a-Agreament Between the Anchor Point Fire and Emergency Medical Service Area and the State of Alaska, Department of Natural Resources, 5 Adptd p Division of Forestry (Mayor) (d) Rae. 85-77 "Granting All Borough Interest in State er a n oads By Quitclaim Deeds to the 5 Adprd of Alaska" (Mayor) (e) Res. -78 "Transferring $100.000 from the Central eninsula Hospital Service Area Affilia- ted Ancillary Services Account to the Operating Subsidy Account" (Mayor, Req. CPHSA Board) 5 Adptd (f) Res. 85-80 "Approving the Local Hire Bonus for "eriet lders in the Amount of $16 133 Per Terms and Conditions of Ordinance 83-H (Sbst.) 6 Adptd and Transfer of Bond Funds from a Completed Project" (Mayor) (g) Res. 85-81 "In Support of Presservation of the s or c axton Cabin Located Within the Chugach r National Forest" (Mayor) 6 Adptd p (h) Roe. 85-87 "Authorizing the Award of a Contract toK'TR'Co-nsultants, Inc. to Provide a Computer Assisted Site Evaluation for the Purpose of tdontifyying a Now Secial Waste Site for a Fee Not to Mesed $40,080" (Mayor, Req. WDC) 6 Adptd I. ORDINANCE HEARINGS (a) Ord. 85-IS "Aaiessding the Land Use Plan for the ubdi- Richka kDensity vision from:Me etion-to Medium/High Residential, Section 31, TO, R11W, S.M."(Mayor) 6 Enctd (b) Ord. 85-19 "Appropriating and Authorizing the xpsn uro of Borough Funds to Proceed Through the Design Development Phase of Architectural and Project Management Services for the Proposed 1985 Bond Issue Projects for the New Nikiski High School and Central Peninsula High School" (Mayor) 7 Enctd (c) Ord, 85-20(Sbst) "Authorizing the Expenditure of gg�'3b1f or Boough Funds to Proceed Through the Design Development Phase of Architectural Firm Firm of McGlothlin Balivet and Project Manager of Morrison Knudsen for the New Soldotna Elemontary 8 Enctd School Addition" (Mayor) (d) Ord. 85-21(Sbs"A ropriatin $80,000 from the to the North Peninsula unaes gna a and Balance Recreational Service Area for Pool Repairs and for Concs teal Programming and Schematic Design 9 Enctd of a flew Recreational Facility" (Mayor) Pasco No. (a) Ord. 84-43 "An Ordinance Establishing thr K.rili- orna y ro Service Area to Provide Fire Protec- tion Services and Providing for an Elected Board" (Mayor) 9 Rfd to Cmte. J. INTRODUCTION OF ORDINANCES (a) Ord. 85-27 "Appropriating $151,795.37 for Nikiski re ery ce Area Apparatus Annual Payment" (Mayor) 10 St Hrg (b) Ord. 85-28 "Approppriating Funds for the Borough ocaT Year 1985-86" (Mayor) 10 St Hrg (a) Ord. 85-29 "Making Appropriations to the Service X-re-&—a-M—The Borough for Fiscal Year 1985-86" (Mayor) 10 St Hrg (d) Ord. 85-30 "Approppriating and Authorizing the xur pen os of $460,215 of Borough Funds to for Proceed Through the Construction Phase Renovation of Homer Middle School Project" (Mayor) 10 St Hrg (a) Ord. 85-32 "Appropriating $58.000 for Hazardous asii l—b'isposal Studies and Recommendations" (Nash) 10 Pstpnd (f) Ord. 85-33 "Amending Ordinance 84-64 to Reflect orrec a agal Descriptions for Two Parcels." (Mayor) 11 St Hrg (g) Ord 85-34 "Enacting a New Chapter 2.60 to the BMW gh code to Establish a Youth Commission and to Provide for the Involvement of Young People in Local Government." (Carey, Dimmick) 11 St Hrg (h) Ord. 85-35 "Establishing a Uniform Street Naming system W1 in the Kenai Peninsula Borough." (Mayor) 11 Actn Incmp (i) Ord. 85 36 "Establishing Advisory Planning Commissions n a ommunitiss of Anchor Point, Ninilchik, Fritz Creek and Diamond Ridge" (Dimmick, Keene, and Walli) 11 No Atn K. CONSIDERATION OF RESOLUTIONS (a) Res, 85-74 Consent Agenda (b) Res. 85-79 "Reselecting Certain Lands from the State o as a.' (Dimmick) 11 No Atn (c) Res. 85-81 "In Support of Preservation of the His- oz a ax on Cabin Located within the Chugach National Forest (Mayor) Consent Agenda (d) Res. 85-82 "Approving the Schematic Documents for the T&R-$Tdoina Memantazy Addition Prepared by Architect McGlothlin Balivat Authorizing the Architectural Desiggn Development Phases of Service." (Mayor) 12 Adptd (a) Res. 85-83 "A proving a Contract with Omnedesign for Profession I Design and Construction Services for the Construction of a Recreational Facility for the North Peninsula Recreational Service Area and Authorizing Preparation of Schematic Design Documents" (Mayor) 12 Adptd (f) Res. 85-84 "Approving the Schematic Design Documents or—ts�s ' kiski High School and the Central Peninsula High School and Authorizing the Borough to Proceed with the Design Development Phase on Those Pro..jects" 12 Adptd (Mayor) j ' n i, ; r R r I I Page No. (R) Res. $5.85 "Approvin Construction Documents for the omeR—' r�tMIa School Renovations Project and Authori- zing McGlothlin Balivet Company to Proceed with the Bidding Phase." (Mayor) 12 Adpt (h) Res. 85-86 "Approving the Award of a Contract to Herndon aAWR F73n, for the Construction of Site Improvements on Homer High School Phase III for $1,406.253, on Paul Banks Elementary School for $121,965, and on Homer Middle School for $207,328." (Mayor) 12 Adpt L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as notods not for action this meeting) (a) Ord. 85-23 "Delegating to the City of Soldorna the Power to Provide Zoning Regulation Within the Cityy, and Repealingg Kenai Peninsula Borough Chapter 21.72" (Mayor) HEAR 5-21-85 (b) Ord. 85-25 "A ropriating $12,765,099 for School Purposes for Fiscal Year 1985-86" (Mayor) HEAR 5-21-85 (e) Res. 85-22 "Supporting the Applications of the City of Homer and Kaehomak City for Transfer of Lands From the State for Public Use" (Dimmick) PSTPND 2/5 j M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (a) Classification Studys David Lough of Donworth/Taylor (b) Construction Status Reports Moolin & Assoc. (c) Fireworks Proposals in Sawards Louie March, Jr. N. MAYOR'S REPORT (a) Flood Plain Insurance (b) Carpet replacement. various schools ` (c) Memo RE Landscaping Projects (d) Report on EPA Public Hearing, Sterling Waste Site (a) Spring Cleanup, May 11 0. OTHER BUSINESS (a) Memo, continuing use of Homer H.S. pool P. ASSEMBLY AND MAYOR'S COMMENTS Q, PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA R. INFORMATIONAL MATERIALS AND REPORTS (a) Vacation within proposed Inlet. Glen Subd., Section 14, TSN, R12W, Reservation of Easements or Rights - of -Way (b) Vacation of B. C. Circle within Iyuptulla Subd., Section 25, T5N. R10W, S.M. S. NOTICE OF NEXT MEETING AND ADJOURNMENT (May 21. 1985) KENAI PENINSULA BOROUGH BOARD OF EQUALTZATION AND REGULAR ASSEMBLY MF.RTIN(; MAY 7, 1985, 7,00 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER AND ROLL CALL OF BOARD The 1985 Board of Equalization commenced at approximately 7 p.m. by Board Chairperson Dimmick with one appeal scheduled for this date. PRESENT, Boardmembers Mullen, Crawford, Carey, Sewall, Moore, Glick, Dimmick, McGahan, Dale, Johnson, Stephens, Skogstad, Fandel+ Mayor Thompnason. Admn. Asst. Best, Assessor Thomas, Asst. Assessor AikiI Appraiser Barnes, Atty, Boedaker, Borough Clerk Brindley EXCUSEDs Boardmember Nash, Walli, Keene B. STATEMENT OF BOARD CHAIRMAN Board Chairman Dimmick rolatod the process of appeal to ovaluntion, filing of the application for review, and notification of honring. She noted the burden of proof rests with the appellant, to show that his property is out of equity with the general level of assessments for like properties in the Borough, C. HEARING OF APPELLANT 1. Charles Coles 2833 No. 3rd St., Phoenix, Arizona Parcel No. 055-160-26, Kalifonsky Beach Road Mr. Coles was not present but Assessor Thomas read the statement filed, which reported he has been unable to rent the four units, r~, urchased in 1984 for $185,800, with vacant factor of 50-752. Income has averaged approximately $730 per month since September, 1984 although the property has been advertised. D. STATEMENT OF ASSESSOR Appraiser Barnes reported the four-plex was built in 1984 just outside the Soldotna City limits on a 1.05 acre lot in a residential subdivision off Kalifornsky Beach Road, near the new elementary school. Sales of similar Pour-plexes in the area in 1984-85 indicate a market value of $184.800 through $232.300. He recommended no change in assessment. E. DECISION OF BOARD AND RECESS OF BOARD ASSEMBLYMEMBF.R SKOGSTAD MOVED THE ASSESSOR'S VALUATION ON PROPERTY DESCRIBED AS PARCEL i055-160-26 BE UPHELD FOR THE REASON THAT THE APPELLANT HAS NOT PRESENTED SUFFICIENT EVIDENCE TO PROVE AN UNEQUAL, EXCESSIVE OR IMPROPER VALUATION. MOTION WAS APPROVED BY UNANIMOUS VOTE. BOARD OF EQUALIZATION WAS RECESSED UNTIL MAY 20, 1985 AT 7 P.M. * * * * * A. CALL TO ORDER OF ASSEMBLY The assembly was called to ordor following recess of the Board at approximately 7s30 p.m. by Pros. Dimmick. PRESENT: Assemblymembers Mullen. Crawford, Carey, Sewall, Glick, Dimmink, McGahan, Dale, Johnson, Stephens, .4kngstsd, Pendell ilayor Thompson, Admn. Aest, Best. Atty. Boedev er, Public v2rks Director Hakort, Finance Director Barton, Borough Clerk Brindley EXCUSEDs Assemblymembers Nash, Keene, Valli, Moore - 1 - r i KFNAI PENINSULA BOR011011 HOARD OF F` UALIIATTON 6 ASSEMBLY, MAY 7. 1995 B. COMPLFTIOM OF APRIL 16, 1.985 AGENDA (a) Ran, 85-h8(Sbntl "Rescinding Ron. R5-6 And Authorizing nn a.a n ng Conditions for the snlo of the Proporty to Cook Inlet Aquaculturo Association" (Mayor) ASSF448I,YMEMBER DALE MOVED THE ADOPTION OF RES, 85-68(SBST.) WITH AN AMENDMENT TO "WITHIT A", THE LEASE, STRIKING IN THE 3RD PARAGRAPH. A TEN YEAR TERM AND INSERTING INSTEAD, "ADDITIONAL. 10 YEAR TERMS" THERE WAS NO OBJECTION AND THE RESOLUTION WAS ADOPTED BY UMANIM06 CONSENT. (b) "01;8 "Authorizing No otiations for Trade of nod Land in the Nikinki Area for Halnmatef poration Owned Land in Nikinki Area, Land to be Clnssified As Borough Owned land And to be Used by the Kenai. Poninnula school District on an Elementary School•Sito for the New Proposed 1985 Bond Issue, Nikinki Elementary School" (Mayor) ASSFMBLYMFMBER McGAHAN MOVED THE. ADOPTION OF RES. 85-69 AND IT WAS APPROVED BY UNANIMOUS CONSENT. (c) Res 85.72 "Supporting Senate Bill 37 and HS 235 yro0ding for management Plans and Regulations for Such Plans to be Adopted by the Board of Fisheries" (Dale) ASSEMBLYMEMBER DALE MOVED THE. ADOPTION OF RES, 85-72 AND IT WAS APPROVED BY UNANIMOUS CONSENT. B. OTHER BUSINESS (a) New Liquor License Applications Down East Saloon and Pat, a Liquor, East End Road, Kachemak area ASSEMBLYMEMSER McGAHAN MOVED THE ASSEMBLY PROTEST THE NEW LIQUOR LICENSE APPLICATION FOR DOWN EAST SALOON AND PAT' S LIQUOR FOR THE FOLLOWING REASONSs (1) The closest municipality is very concerned and has communicated that concern to the Assembly, (2) the high rate of single vehicle accidents on this straight stretch of highway, playground is going in nearby, (4) a church and school playground located across the street, approximately 500 ft., and (5) the lack of police protection in the area. Persons who wished to speak in opposition to the Application wsres Jeanne Calkins, 11 year resident of Kaehemak City, stated she lives within half a mile of the proposed location of the licenses and speaks for her family, neighbors and so a member of the Kaehamak City Council. She referenced a letter written the ABC Board by the Council and stated the location is outside the jurisdiction of both Kaehemsk City and the City of Homer and must be considered by the san Borough. Argunts against the application included confunion regarding advertised location, inadequate Soil conditions for sawnga disposal, th« family oriented nature of the community and the location diagonally across the highway of the community center including picnic areas, tennis courts, ball diamonds, etc. The center also houses bath church and school. She reported there are currently 28 liquor licenses between Anchor Point and Fritz Creek, an Area of approximately 6,000 residents which disregards the intent of the statutes limitations. She stated petitions against the license contain 130 signatures while petitions favoring it are full of duplications and Should be ignored, Vick& Pugil, Mayor of Kschemak Cityreported their response wan from ni the community as a whole n the ocatiun in outside city limits. There in, howovnr a license holder within, located 1 1/2 miler, from rho subject alto, She repnrrod thin arraf.ght rsrratch of East Road in 7 . • I I +I I W KENAI PENINSULA BOROUGH BOARD OF EQUALIZATION 6 ASSFMBLY, MAY 7, 1985 a very high single vehicle aocident area and State Troopers are not able to meet even a once a week visit schedule. Pastor Randy Farris was concerned for the safety factor as the situation is the name an one where his daughter was hit and killed by a drunk driver only a year ago. He felt with a playground across the street this was an inappropriate location and he urged the assembly support their protest. Stephan Frommar, resident and local civil angineer, stated the area has traditionally not supported any subsurface treatment of waste disposal and he did not believe the applicant could receive DEC approval. He reported having written to ABC in protest and wished to personally support that stance. Colleen Frommer. living within 3 miles of the proposed location and a member of the Kachemak Council, stated her concern with safety following previous experience with death of children on a similar straight and narrow road. Speaking for the license was the applicant, Pat Hickey, reported he has invested money in the site and felt it was not the Borough's Ito protest the application. The ABC office told him no new licensee had been granted in the area since territorial days with the exception of two hotels. He disputed statements concerning residen- tial neighborhood, his petition, and the proposed location. Pres. Dimmick read a letter from Corrine Jones expressing her concerns regarding the proposed establishment which she felt to be inappropriate and unwholesome for the rural area. Mr. Johnson maintained a liquor business is like any other business, governed and licensed by the state. They regulnta and hold hearings and he felt another layer of jurisdiction was unnecessary. Mr. Sewall expressed that lacking any kind of zoning control, the Borough had no basis on which to protest. Mr. Dale supported the motion, stating the Borough would not receive letters soliciting comment from the ABC board if they did not intend to consider it. In response to a question from Pres. Dimmick, Atty. Boedeker stated there was no requirement for the Assemblyy to advertise and hold hearing, regulations require the applicant be afforded the opportun- ity to have hearing before the body which has been done. He also clarified there are several bases for protest, mane, noncompliance with specific policies or regulations adopted. He said there is a basis for protest that is based on factual circumstances surrounding the application under review that would render that particular appli- cation objectionable. The basis must be stated and there must be evidence to support those findings. Testimony estimonembls to decide whether iven about events that have occurreds it is up y to accept it as creditable evidence or sufficient support. There was further discussion, after which Mrs. McGahan recalled an appropriate comment made in discussion of, another license, that liquor is not free enterprise, it is a regulated substance, and for very good reasons. If the Assembly does not wish to deal with the subject it should ask the Legislature to rewrite the law to eliminate its consideration. Population requirements were written into the law but methods of determining population and municipal boundaries undermine the intent of the law. She reported there are three package and three dispensary licenses within a two and a half mile stretch of North Road. If the constituents have a problem with a proposed license approval, they should be able to expect help from the Assembly. - 3 - ..w KENAI PENINSULA BOROUGH BOARD OF EQUALIZATION b ASSEMBLY, MAY 7, 1985 VOTE WAS CALLED AND THE MOTION DEFEATED BY A VOTE OF 7 YES TO 5 NOt Sewall, Glick, Johnson, Stephens and Fandel voting No. ASSEMBLYMEMBER SKOGSTAD MOVED A LETTER BE WRITTEN ASKING THE ABC BOARD OR IT'S HEARING OFFICER TO HOLD PUBLIC HEARING IN THE AREA OF THE PROPOSED LICENSE AND IT WAS APPROVED BY UNANIMOUS CONSENT. (b) New i,iquor License Applications Hyacinth Loop Liquor Store Grey Cliff Subd. Mrs. Elaine Egner, applicant, referred to a etition presented earlier containing 103 signatures in support o? the license. In response to questions she reported the location is Lot 380. approxi- mately 1 mile south of the Moose Point Subd. She stated there are no permanent residents at this time but there are approximately 78 cabins in the area. This will be the first business in the new subdivision. ASSEMBLYMEMBER DALE MOVED TO PROTEST ISSUANCE OF THE LICENSE BASED ON A COMPLETE LACK OF POLICE PROTECTION AND THE OPINION SUCH A STORE WOULD BE UNAPPROPRIATE IN AN AREA WITHOUT RESIDENTS. MOTION FAILED BY A VOTE OF 4 YES TO 8 NO: Mullen, Sewall, McGahan and Dale voting Yes. A. CALL TO ORDER The regular meeting of May 7, 1985 was called to order at approxi- mately 9 p.m. by Pres. Marilyn Dimmick. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Assemblymember David Carey. D. ROLL CALL PRESENT% Assemblymembers Walli*. Mullen, Crawford, Carey, Sewall, Moore*, Glick. Dimmiek, McGahan. Dale, Johnson, Stephens. Skoggstad, Fandeli Mayor Thompson. Admn. Asst. Best, Atty. Boedsker Finance Director Barton, Public Works Director Hakert. iosough Clerk Brindley EXCUSED: Assemblymembers Nash and Keene TEMPORARILY EXCUSED: Assemblymembers Moore and Walli E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBER F. APPROVAL OF MINUTES OF PREVIOUS MEETINGS The minutes of the regular meeting of April 16, 1985 were approved with a minor correction to page 6 and replacement of page 7 as presented on the desk. G. COMMITTEE REPORTS (a) Education (Walli, Johnson. Mullen, Skogstad) The Education Cmte. met jointly with Public Works Cmte. (b) Finance (Crawford, Carey. Fandel, Nash) Mr. Crawford reported the Finance Cmte. recommended passage of Ord. 85-19. Ord. 85-30(Sbst), Ord. 85-21(Sbst), and introduction of Ord. 85-27, Ord. 85-28. Ord. 85-29, Ord. 85-30 and Ord. 85-32. (c) Land Acquisition/Disposal (Keene, Johnson, Moore) Mr. Johnson reported two members of the committee met and recommend passage of Res. 85-77 and Res. 85-79 and introduction of Ord. 85-35. - 4 - KENAI PENINSULA BOROUGH BOARD -OF EQUALIZATION & ASSEMBLY, MAY 7, 1985 n (d) Legislative (Dale, Keene, Skogstad) Mr. Dale reported the committee met with Assembly persons returning from trips to Juneau this week. HB 296 funding road projects is not doing well but SB 51 has passed the Senate increasing reimbursement of school construction funds to 80% and has passed out of the House Finance Cmte. The state budget is in the Senate Finance Cmte. He reported Congress is considering a bill to place a Coast Guard user fee that would amount to $500-800 on commercial and $25-50 on recreational craft which is intended to partially fund the Coast Guard. (a) Local Affairs (Carey, Moore, Stephens) Mr. Carey reported the committee met tonight and recommended passage of Ord. 84-43(Sbat) and would report further at that point on the agenda. (f) Public Works (Sewall, Dale, McGahan) Mr. Sewall stated Mr. McCloud reported to the committee on the need for additional space for the Maintenance Dept. and the committee agreed the Mayor should enter into negotiations to purchase a building available nearby. They discussed Res. 85-80, recommending passage, and also approved Rea. 85-82 foi schematic documents for Soldotna Elam. Addn. with an amendment. They approved passage of Res. 85-83, and reviewed Res. 85-84 and Res. 85-85 without action due to committee meeting conflicts resulting in loss of quorum. (g) Natural Resources (McGahan, Dale, Mullen, Stephens, Glick) .— Mrs. McGahan advised the committee recommended "do pass" on Res. 85-74. with amendment. Additionally the committee discussed the subsistence issue and a proposed bill by Sen. Sturgulewski and Mr. Joe Arness addressed the committee regarding a waste disposal commission sym osi=. The next meeting date will be May 21 at 6:00 p.m. at Pizza Pete s. Mrs. Glick advised the data process steering committee will meet Wednesday. May 15 at 3:00 p.m. in the coffee room of the Borough Administration building. H. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 85-75 "Approving an Intergovernmental Co- operative Agreement Between the Bear Creek Fire Service Area and the State of Alaska, Department of Natural Resources, Division of Forestry (Mayor) (b) Res. 85-76 "Approving an Intergovernmental Co- operative Agreement Between the Anchor Point Fire and Emergency Medical Service Area and the State of Alaska, Department of Natural Resources, Division of Forestry(Mayor) (c) Res. 85-77 "Granting All Borough Interest in erta n Fads By Quitclaim Deeds to the State of Alaska" (Mayor) (d) Res. 85-78 "Transferring $100,000 from the en�ninaula Hospital Service Area Affilia- ted Ancillary Services Account to the Operating Subsidy Account" (Mayor, Req. CPHSA Board) 5 - KENAI PENINSULA BOROUGH BOARD OF EQUALIZATION 6 ASSEMBLY, MAY 7, 1985 (e) Res. 85-80 "Approving the Local Hire Bonus for er et uilders in the Amount of $16,133 Per Terms and Conditions of Ordinance 83-21 (Sbst.) and Transfer of Bond Funds from a Completed Project" (Mayor) (f) Res. 85-74 "Objecting to Discontinuance of the ustumena Lake Hatchery Program" (Mullen, Moore, Walli, Dale, Dimmick, Glick, and McGahan) Per motion by Mr. Mullen, Res. 85-74 was moved to the consent agenda send copies to the Alaska Land Use as amended, adding language to Council and Alaska Land Use Advisory Committee and adding Mrs. Glick and Mrs. McGahan as sponsors. *(g) Ord. 85-33 "Amending Ordinance 84-64 to Reflect orrec a I.etal Descriptions for Two Parcels" (Mayor) (Action to Set for Hearing June 4) *(h) Res. 85-81 "In Support of Preservation of the s or c axton Cabin Located within the Chugach National Forest." (Mayor) *Added to the consent agenda by motion of Mr. Carey. (i) Res. 85-87 "Authorizing the Award of a Contract roo"R-'6-Pi C nsultants, Inc. to Provide a Computer Assisted Site Evaluation for the Purpose of Identifying a New Sppecial Waste Site for a Fee Request of the Not to Exceed 840,000." (Mayor at Waste Disposal Commission) Res. 85-87 was added to the consent agenda by motion of Mr. Crawford and read in its entirety. Mrs. Glick stated this resolution simply authorizes a sole source . hFe at this time as R 6 M are thetonly consultaanntsycapableble of project Mr. Sewall stated that perhaps there were members of the audience who to speak to an ordinance/resolution which had attended this meeting hod been moved to the consent agenda_. Mrs. Dimmick advised the and to esent to speeak to ak. resolutions ience andideterminedthe gtherepwas no one pre Mr. Dale requested the addition of Res. 85-88 to the regular agenda.. Mr. Moore requested consideration of Res. 85-82 prior to Ord. 85-20. The agenda was approved and Consent Agenda was adopted as amended without objection. Mrs. Walli arrived. I. ORDINANCE HEARINGS (a) Ord. 85-18 "Amending the Land Use Plan for the ty o enai for Lot 11-A, Richka Creek Subdi- vision from Conservation to Medium/High Densitv Residential, Section 31, T6N. R11W. S.M."(Mayor) The ordinance was read byor the public. Public hearing was asopened and copies available nd as no one wished to be f beheard, was closed. ASSEMBLYMEMBER GLICK MOVED THE EITACTMENT OF ORD. 85-18 AND WITHOUT DISCUSSION IT WAS APPROVED BY UNANtMOUS CONSENT. - 6 - I a KENAI PENINSULA BOROUGH BOARD OF EQUALIZATION h ASSEMBLY. M1,Y 7, 1985 (b) Ord. 85-19 "Appropriating and Authorizing the .xpen Lure of Borough Funds to Proceed Through the Design Development Phase of Architectural and Project Management Services for the Proposed 1985 Bond Issue Projects for the New Nikiski High School and Central Peninsula High School" (Mayor) The ordinance was read by title only as copies were available for the public. Public hearing was opened and as no one wished to be heard, was closed. ASSEMBLYMEMBER SEWALL MOVED THE ENACTMENT OF ORD. 85-19. Mrs. McGahan asked if it would he possible to place a limit on the amount to be spent on these schools and design to that limitation. Mayor Thompson stated this was possible. Mrs. McGahan noted both schools have core facilities designed to provide for an eventual enrollment of 1,000 students, and was first estimated at $23 million. Mr. Hakert reported the $23 million wps for 90,000 sq. ft.. meeting the guidelines for 600 students. With new enrollment projections that was increased to 118,000 sq. ft. with an increase in cost to $29 million. This would include an auditorium/multi-purpose space for Nikiski and a swim pool for the central facility. These and the added sq. ft. could be eliminated or a limitation be set at $23 million but he noted the importance of constructing a building as maintenance -free as possible. Tom Overman, School District, reported the Board of Education requested the design of a pprototypical high school to house 1,000 sq. ft. with intent to build 600 at this time. He reported the result is smaller than Soldotna High or Homer High and ultimate design capacity is 200 students more than those schools. The multi -purpose auditor- ium planned for Nikiski would provide several teaching positions as well as provided basic presentation space. He stated this is not an extravagant design and coat per square foot is reasonable. Ron Rozak, architect with Maynard & Partch, explained some of the difference in cost between the two schools was due to site development and the close proximity of the central facility to the Sterling Highway. Also, the per square foot cost of an auditorium is hi her than that of a swimming pool. He stated the soils survey will help determine where the entrance to Nikiski school is located. In response to further questions, Mr. Hakert stated the plan calls for construction of a lecture hall/auditorium and additional lockers to be added to the central facility at a later time, while a pool and locker rooms may be added later to the Nikiski school. It was explained the auditoriums in these designs are not elaborate, but they will accommodate the same programs offered in the other schools. There will be 100 movable seats for maximum seating of 500 while providing flexibility and classroom space in a portion. Mr. Stephens suggested a simple multi -purpose room without fixed seating would be more prudent than an auditorium. Howard Partch reported consideration was given to using the commons area of the central school for performances with use of a portable stage setup that is available or alternatively, the gymnasium could be used. Three teaching stations would be lost along with the auditorium, however. Mr. Dale stated his preference for proceeding with the design including the auditorium and pool but when the bid documents are atructured those could be separate items from the main school and the Assemb{y could hold its decision on them until after the legisla- ture makes critical commitments. ASSEMBLYMEMBER STEPHENS MOVED TO DELETE THE AUDITORIUM AND POOL FROM THE PLANS ArD IN THEIR PLACE DESIGN MULTI -PURPOSE CLASSROOMS. - 7 - E 0 . { ; s t , KENAI PENINSULA BOROUGH BOARD OF EQUALIZATION 4 ASSEMBLY, MAY 7, 1985 He stated his appreciation for the quality of the Borough's schools but felt auditoriums not requisite to acedemic achievement. An a musician he stated portable staging and lights have been proved adequate. Mr. Sewall noted even with state help on construction costs, r.he Borough will bear the cost of upkeep. Mr. Carey objected to the plan for additional swim and auditorium facilities when community use of existing facilities was left out of this year's budget. Also, compiling a bond issue that would be approved by the voters was the primary factor. ASSEMBLYMEMBER SKOGSTAD MOVED TO AMEND TO INCORPORATE THE AUDITORIUM AND POOL IN THE SCHEMATIC DESIGN BUT DELETE THEM FROM THE CONSTRUC- TION PHASE OF DEVELOPMENT. Pres. Dimmick ruled the motion out of order as Ord. 85-19 only appropriates funds for design development. ASSEMBLYMEMBER McGAHAN MOVED TO AMEND SECTION 3 TO ADD "The Nikiski High School and the Central Peninsula High School shall not be designed to exceed a total cost of $25 million for each school". She felt it would be preferable to leave it to the architect's judgement as to what should be eliminated. ASSEMBLYMEMBER DALE MOVED TO ADD A NEW SECTION 2 TO AUTHORIZE THE ARCHITECT TO COMPLETE THE PLANS IN SUCH MANNER AS TO ALLOW BIDDING TO BE COMPLETED WITH OR WITHOUT THE AUDITORIUM AND POOL, WITH FOLLOWING SECTIONS RENUMBERED AS APPROPRIATE. Mr. Dale reported there is a Senate bill that would preclude reimbursement even if the Borough elected to pick up the pool and auditorium out of local funds. Although that language has been amended out at this point, the bill is going to conference committee and is another reason to have separate options. VOTE WAS CALLED AND THE DALE AMENDMENT WAS APPROVED BY A VOTE OF 12 YES TO 2 NOs Crawford and Stephens voting No. Mrs. McGahan withdrew her amendment. VOTE WAS CALLED AND STEPHENS AMENDMENT FAILED BY A VOTE OF 3 YES TO 11 NOs Carey, Glick and Stephens voting Yes. Mr. Carey expressed concern regarding the wide range in grades 7 through 12 planned for the Nikiski school and lack of division botween the junior high and high school levels. ORD. 85-19 WAS ENACTED AS AMENDED BY A VOTE OF 14 YES TO 1 NOs Carey voting No. (c) Ord. 85-20(SbstJ "Authorizing the Expenditure of 59r550 or Borough Funds to Proceed Through the Design Development Phase With Architectural Firm of McGlothlin Balivet and Project Manager Firm of Morrison Knudsen for the New Soldotna Elementary School Addition" (Mayor) The ordinance was read by title as copies were available for the public. Public hearing was opened. Rick Manley, representing the Soldotna PAC, expressed appreciation for the support of this project and requested it be taken to design development. He invited Assemblymembers to visit and inspect the school to see improvements needed. ASSEMBLYMEMBER SEWALL MOVED THE. ENACTMENT OF ORD. 85-20(Sbst) AI'D IT - S - r KENAI PENINSULA BOROUGH BOARD OF EQUALIZATION & ASSEMBLY, MAY 7, 1985 WAS APPROVED BY UNANIMOUS CONSENT. (d) Ord. 85-21(Sbst.) "Appropriating $80,000 from the n ea gnats un Balance to the North Peninsula Recreation Service Area for Pool Repairs and for Conceptual Programming and Schematic Design of a New Recreational Facility" (Mayor) The ordinance was read by title only as copies were available for the public. Public hearing was opened and as no one wished to be heard, was closed. ASSEMBLYMEMBER McGAHAN MOVED THE ENACTMENT OF ORD. 85-21(Sbst) AND IT WAS APPROVED BY UNANIMOUS CONSENT. (e) Ord. 84-43(Sbst) "An Ordinance Establishing the Kali- iorns yy Fire service Area to Provide Fire Protection Services and Providing for an Elected Board" (Mayor) (Postponed 11-13-84) The ordinance was read by title only as copies were available for the public. Public hearing was opened. Tommy Corr, East Poppy Lane, believed the service area would eventually be formed, but that. this was premature with roads not always passable for fire trucks. He reported there is a bill in the House that would allow assessment of dwellings only to be taxed which if passed, would be an improvement over the present situation. Charles Ulan, Tote Road, spoke against the size of the proposed service area which would include many residences, like his, which would be too distant to help him although coating him the just the same. He stated his willingness to take the risk. Betsy Arbelovsky, Beluga Bay Estates, spoke for the service area which is estimated to include 3500 residents, the third larg00 213 population center on the Peninsula. The assessed value is SS million over twice the value of Ridgeway Fire Service Area. She would Pike to see two fire stations; urged enactment of the ordinance, placement on the October ballot of the service area and an elected board which would make the necessary decisions. She believed the people in her neighborhood desired fire protection since approxi- mately 122 signed a petition last year for establishment of the area. Public hearing was closed. ASSEIBLYMEMBER CAREY MOVED THE ENACTMENT OF ORD. 84-43(Sbst). ASSEMBLYMEMBER DALE MOVED TO REFER ORD. 84-43(Sbst) TO COMMITTEE IN ORDER TO CONSIDER REDRAWING BOUNDARIES IN ORDER TO ELIMINATE SPARSELY POPULATED PORTIONS OF THE KALIFONSKY PRECINCT. Mr. Carey provided a brief history of the proposed area from initial petition through public hearings, including the larest ran April 30, which was attended by some persons interested in fire service from Sterling. He stated the Local Affairs Cmte. would like to review the draft provided for a central peninsula service area to include Ridgeway, Kalifonsky and Sterling. The Ridgeway Board is agreeable to combining but wish to poll Ridgeway residents before making a commitment. HB 253 has been introduced allowing municipalities to exempt land from property taxes and special assessments for fire protection, which is another reason for postponement for 2 weeks. Pres. Dfmmick stated her intention to request Local Affairs review of the draft combination ordinance as an alternative to the single service area concept. MOTION TO REFER WAS APPROVED BY UNANIMOUS CONSENT. - 9 - rtssx...�.., .. . l KENAI PENINSULA BOROUGH BOARD OF EQUALIZATION & ASSEMBLY, MAY 1, 1985 J. INTRODUCTION OF ORDINANCES (a) Ord. 85-27 "Appropriating $151,795,37 for Nikiski re ery ce Area Apparatus Annual Payment" (Mayor) ASSEMBLYMEMBER McGAHAN MOVED THE INTRODUCTION OF ORD. 85-27 SETTING HEARING DATE OF JUNE 4, 1985 AND IT WAS APPROVED BY 1NANIMOUS CONSENT. (b) Ord. 85-28 "Approppriating Funds for the Borough TUFT sca Year 1985-86" (Mayor) ASSE14BLYMEMBER CRAWFORD MOVED THE INTRODUCTION OF ORD. 85-28 SETTING HEARING DATE OF MAY 21. 1985 AND IT WAS APPROVED BY UNANIMOUS CONSENT. (c) Ord. 85-29 "Making Appropriations to the Service reas n t e Borough for Fiscal Year 1985-86" (Mayor) ASSEMBLYMEMBER CRAWFORD MOVED THE INTRODUCTION OF ORD, 85-29 SETTING HEARING DATE OF JUNE 4, 1985 AND IT WAS APPROVED BY UNANIMOUS CONSENT. (d) Ord. 85-30 "Approppriating and Authorizing the xpen nres of 3460,715 of Borough Funds to Proceed Through the Construction Phase for Renovation of Homer Middle School Project" (Mayor) ASSEMBLYMIMBER WALLI MOVED THE INTRODUCTION OF ORD. 85-30 SETTING HEARING DATE OF JUNE 4, 1985 AND IT WAS APPROVED BY A VOTE OF 12 YES TO 2 N0g Carey, and McGahan voting No. (a) Ord. 85-32 "Appropriating 858,000 for Hazardous AUFFD osa Studies and Recommendations." (Nash) ASSEMBLYMEMBER McGAHAN MOVED THE INTRODUCTION OF ORD. 85-32 SETTING HEARING DATE OF MAY 21, 1985. Mrs. McGahan questioned the high advertising costs listed as $8,000 to secure a consultant pursuant to Res. 85-47 and why Mr. Nash had requested an earlier hearing date. Mayor Thompson repported the advertisingg covered the "Lower 48" as well as Alaska. He did not know why the earlier hearing date. He believed when actual proposals were received costs of the study would be closer to $100,000 than $58,000. Mayor Thompson viewed reasons for the study to be (1) to identify the hazardous wastes and quantities, (2) to identify the sources of hazardous wastes, (3) to come up with an ordinance to control the disposal and handling such wastes and (41 to set up a method of enforcement of the ordinance. He believed the enforcement procedure would necessitate an additional attorney to investigate and follow througgh on complaints and regulations. He suggested instead a "watchdog committee" be appointed to monitor the State DEC and Federal EPA in their responsibilities. Mr. Skogstad suggested the money might be better spent on development of new waste disposal sites. Mr. Stephens believed the Waste Disposal Commission could answer the needs this program was intended to provide for. Mrs. McGahan felt it would be unfair to defeat the ordinance sponsored by Mr. Nash while he was not available to answer questions. ASSEFBLYME14BER McGAHAN MOVED TO POSTPONE ORD. 85-32 UNTIL THE. NEXT MEETING AND THE. MOTION WAS APPROVED BY UNANIMOUS CONSENT. -10. KENAI PENINSULA BOROUGH BOARD OF EQUALIZATION 5 ASSEMBLY, MAY 7, 1985 Mrs. Walli requested a list of periodicals in which the advertise- ment appeared. (f) Ord. 85-33 "Amending Ordinance 84-64 to Reflect orrec a Legal Descriptions for Two Parcels" (Mayor) Set for hearing on Consent Agenda. (g) Ord. 85-34 "Enacting a New Chapter 2.60 to the rorough Code to Establish a Youth Commission and to Provide for the Involvement of Young People in Local Government." (Carey, Dimmick) ASSE14BLYMEKBER CAREY MOVED THE INTRODUCTION OF ORD. 85-34 WITH HEARING DATE OF JUNE 4 AND THE MOTION WAS APPROVED BY A VOTE OF 11 YES TO 3 NOs Moore, Glick and McCahan voting No. (h) Ord. 85-35 "Establishing a Uniform Street Naming ystem wit in the Kenai Peninsula Borough" (Mayor) i ASSEMBLYMEMSER t4cCAHAN MOVED THE INTRODUCTION OF ORD. 85-35 WITH HEARING DATE OF JUNE 4 AND TO AMEND TO DELETE C, "Private Roads Names", (1) and (2). Mrs. McGahan stated since private road names are not on plats she did not understand why they should be noted here. Mr. Best stated the intention was to provide a method whereby people could name their roads and record them to avoid duplication, but not to rename any roads. The midnight deadline for legislative action was reached before vote was called. Pros. Dimmick called for the completion of the May 7 agenda at 7 p.m. prior to the budget worksession scheduled for May (i) Ord. 85-36 "Establishing Advisory Planning Commissions in�ommunities of Anchor Point, Ninilchik, Fritz Creek and Diamond Ridge." (Dimmick, Keene, and Walla) Not addressed May 7. K. CONSIDERATION OF RESOLUTIONS (a) Res. 85-74 Adopted, Consent Agenda (b) Res. 85-79 "Reselecting Certain Lands from the State o as (Dimmick) Not addressed this meeting. (c) Res. 85-81 Adopted, Consent Agenda (d) Res. 85-82 "Approving the Schematic Documents for the o ew o na Elementary Addition Prepared by Architect McGlothlin Balivet Authorizing the Architectural Design Development Phases of Service (Mayor) ASSEMBLYMEMBER DALE 14OVED TO ADOPT RES. 85-82 AND THEN MOVED TO AMEND THE 4TH "WHEREAS" BY ENDING IT AFTER "PROJECT", DELETING "prior to placing on the October 1984 School Bond Ballot". Mr. Dale reported when the ordinance which accompanies this resolu- tion was introduced. similar language was amended nut of it as it was premature. THE AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT. 11 11 KENAI PENINSULA BOROUGH BOARD OF EQUALIZATION 6 ASSEMBLY, MAY 7, 1985 ASSEMBLYMEMBER WALLI MOVED TO AMEND SECTION 2 BY CHANGING $91,560 TO $94,560 (DIFFERENCE FnR ARCHITECTURAL NON -LABOR REiMBURSABLES) Atli) IT WAS APPROVED BY UNANIMOUS CONSENT. RES. 85-82 WAS ADOPTED AS AMENDED BY UNANIMOUS CONSENT. (e) Res. 85-83 "Approving a Contract with Omnedesign for ro ese oval Design and Construction Services for the Construction of a Recreational Facility for the North Peninsula Recreational Service Area and Authorizing Preparation of Schematic Design Documents" (Mayor) ASSEMBLYMEMBER JOHNSON MOVED THE ADOPTION OF RES. 85-83 AND IT WAS APPROVED BY UNANIMOUS CONSENT. (f) Res. 85-84 "Approving the Schematic Design Documents or t e is i High School and the Central Peninsula High School and Authorizing the Borough to Proceed with the Design Development Phase on Those Projects" (Mayor) ASSEMBLYMEMBER WALLI MOVED THE ADOPTION OF RES. 85-84 AND IT WAS APPROVED BY UNANIMOUS CONSENT. (g) Res. 85-85 "A proving Construction Documents for the omafT" Fuddle School Renovations Project and Authorizing McGlothlin Balivet Company to Proceed with the Bidding Phase" (Mayor) ASSEMBLYMEMBER 14ALLI MOVED THE ADOPTION OF RES. 85-85 AND IT WAS APPROVED BY A VOTE OF 13 YES TO 1 NO, McGahan voting No. (h) Res. 85-86 "Approving the Award of a Contract to Herndon an ernon for the Construction of Site Improvements on, Homer High School Phase III for $1,406,253, on Paul Banks Elementary School for $121,965, and on Homer Middle School for $207,328" (Mayor) ASSSEMBLYMEMBER SEWALL MOVED THE ADOPTION OF RES. 85-86 AND IT WAS APPROVED BY UNANIMOUS CONSENT. (i) Res. 85-88 "Supporting the Americanization of Alaska's s ery immick, Dale) This item not considered May 7. L. PENDING LEGISLATION (a) Ord. 85-23 HEAR 5-21-85 (b) Ord. 85-25 HEAR 5-21-85 (c) Ord. 85-26 HEAR 5-21-85 (d) Res. 85-22 PSTPND 2-5 M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (a) Classification Study Mr. Best reported the Study has been provided and Mr. Lough, of Donworth/Taylor would make a presentation at the budget worksession. (b) Construction Status Report Mr. Best reported the Moolin & Assoc. representative was present if the Assembly had questions. There were none for this meeting. - 12 - KENAI PENINSULA BOROUGH BOARD OF EQUALIZATION & ASSEMBLY, MAY 7, 1985 N. MAYOR'S REPORT (a) Planning Commission Appointment Mayor Thompson reported with the concurrence of the Assembly he would appoint Michael Cowan to replace Ed Warfle on the Planning Commission. Other items for Mayor's Report were carried over to flay 14. 0. OTHER BUSINESS P. ASSEMBLY AND MAYOR'S COMMENTS Mr. Skogstad spoke for drafting a resolution to deal with the increasing numbers of liquor license applications coming before the Assembly. He stated plans to send a letter of encouragement on the Seward prison project prior to the Legislature's adjournment. He reported as a result of his trip to Juneau and Rep. Szymanski's office he had a fairly good list of projects the Peninsula was likely to get funded. Mr. Stephens recalled proposing talks with the Corps of Engineers regarding a blanket permit for the Moose Point access problems. He also asked for the status of the Sports Lake road project. Mr. Dale reported accomplishments of the Kenai River Special Management Advisory Board so far this year have been a set of regulations for fishing guides which should significantly reduce the conflicts between guided and non -guided fishing on the Kenai River. Also there was a modification of the moritorium allowing for some bank stabilization projects to proceed and maintenance of existing efforts. Mr. Best noted the next meeting is May 16 at 10 a.m. Mrs. McGahan commented she believes the Assembly should either have some polity to deal with liquor licenses or advise the Legislature there should not be any regulations on licenses. She reported there are 3 package store and 3 dispensary licenses on the North Road within a mile and 3/4. She asked verification on the action regarding the most recent approval to the Gilberts. Mrs. Glick commented she had talked with Atty. Boedeker after the last meeting about preparation of a policy dealing with when the Assembly would get involved with license approval. Scott Burgess, AML Director, advised her by telephone that the Title 29 bill is to be reviewed in Senate Finance Cmte. the following day and it was recommended contacts be made to assure no amendments were added. Pres. Dimmick reported in conversation with Sen. Sturgulewski, she had learned proposed amendments were not viewed as a strategy to hurt the bill at this point. Mr. Moore asked if the So. Peninsula Hospital would be able to tie into the Borough computer rather than spending their funds for a separate computer. Mr. Best stated he would find out. Mr. Moore referred to the Resource Development Comsn.Ia budget stating he find others on the Peninsula would like to see some support of the agriculture industry included in their program. He also reported being temporarily absent from this meeting in order to attend Mr. John Whitener's last concert and spoke in appreciation of the music director's accomplishments with students as well as furnishing appropriate facilities for such programs. Mr. Carey reported the new addition to Soldotna Jr. High, lst phase, is completed and being used with appreciation by students and teachers. He also commented the Community College is short of funds and will be looking for costs which can be trimmed, most likely in the outlying areas. Mr. Sewall and Mrs. McGahan spoke for the value of the college extensions in their areas. - 13 - KENAI PENINSULA BOROUGH BOARD OF EQUALIZATTON 6 ASSEMBLY, MAY 7, 1985 Mr. Crawford asked Mr. Barton to report on his recent trip to Juneau. Mr. Barton stated an amendment on SB 147 which established the local share, that amount appropriated to the school district for operations which would not allow us to count maintenance cost when calculating coat per student which could be reimbursed. Mr. Crawford requested an ordinance repealing the "data sheet" which accompanies ordinances as it is unnecessary and sometimes misleading in its attempt to be brief. Mr. Mullen referred to the subsistance issue before the legislature, noting problems which need to be addressed and he urged support of the b111 pending from the Governor. Mrs. Walli agreed with others who saw the need of liquor license control and perhaps the Assembly should get involved. She reported attending the SPHSA's budget meeting and one item discussed was computerization, including patient's records which would have to be kept separate from other systems. She also spoke for RDC support of agriculture and School District funding the KPCC since it has developed they will be receiving $600,000 more than anticipated. Mayor Thompson reported RCD does have an cgricultural subdepartment. He Announced May 16 through 18 will be the Peninsula's first Hazardous Waste Cleanup day for disposal of questionable items. Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA = Chief Al Willis, Nikiski Fire Dept., reported the Chamber voted to send resolutions in support of the schematics for the Nikiski High School and the community College extension. R. INFORMATIONAL MATERIALS AND REPORTS S. NEXT MEETING AND ADJOURNMENT Pros. Dimmick stated May 20 at 7 p.m. will be the continuance pf the » Board of Equalization, on May 14 at 7 p.m. this agenda will be completed prior to the Budget Workeession, with the next regular meeting on May 21. She requested the proposed Joint Assembly/School Board meeting on the 5 year enrollment and construction needs be set for May 30. This meeting adjourned at 1:00 a.m. Date approved, May 21, 1985 ATTEST: Marilyn mm cc, AssembLy President oroug �er u ,r F-0 - f , TELEPHONES (907) 586.1125 105 MUNICIPAL WAY, SURE 302 (907) 586.6526• NNEAU, ALA5KA 99801 ' �/el T, j June 10, Now that the Legislature has adjourned, the weekly "Legislative Bulletin" has stopped. The AML Newsletter will begin again next month with discus- sion and information on issues, activities and meetings of municipal interest, State-wide. This "Special Bulletin" is intended to update our members on several items while the July Newsletter is being prepared. GOVERNOR SIGNS MUNICIPAL CODE REVISION - Municipal Code Revision - Governor Sheffield signed HB 72 into law on Sunday, June 2, 1985. Acting DCRA Commissioner Jeff Smith, DCRA-MRAD Deputy Director Doug Griffin and AML Executive Director Scott Burgess were present to witness the signing and to thank the Governor for his help in getting the bill passed. AML President Leo Rasmussen had asked the Governor not to veto the bill even though the bill did suffer some amendments "to satisfy special interests or individual legislators' philosophies". The League is pursuing putting together a comparison and/or training session on the new law. in the meantime, refer to Senate Committee Substitute for HB 7;(Finance)am S. It takes effect January 1, 1986. Notes The Office of the State Assesor is preparing a cross-reference of citations with accompanying statements of the impacts of the new assess- ment sections on municipal assessment officials. There will be meetings on this subject on the following dates: June 14, 1985, 9s00 a.m., Cot•,= ference Room 316, Community Bldg., Juneau; and June 28, 1985, 9s00 a.m., RAM Bldg., 4th floor, Rm. 402, 2525 Gambell St., Anchorage. For more information, contact Mike Worley at 465-4730. TIM SMITH HIRED - Timothy R. Smith of Juneau was hired as AML Programs Manager and is now on staff. Tim is originally from Longview, Washington and has been working in Alaska with the media and the Legislature since 1980. You may have '"seen' Tim on "Capital 185", the television coverage of the First Session of the 14th Legislature. Tim and his wife, Connie, were married May 26 so he is really on a "honeymoon" at the League. Tim takes over for Marilyn Miller who is leaving the League after 19� years of valuable and dedicated service to the League and local government in Alaska. Tim will carry on Marilyn's previous duties of working with the clerks, the managers, the general League membership and the various League program including conference workshops and publications. Good luck to Marilyn, and Tim. MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COUNTIES LEGISLATIVE COMMITTEES MEETING - The Chairs of the four Legislative Sub-. » Committees will be calling meetings in June and July to review municipal issues and federal and state legislation recently passed or introduced. The Chairs of the Sub -Committees will then meet as the Legislative Steer- ing Committee to present their sub -committees' work and to formulate a draft 1986 AML Policy Statement and list of legislative priorities to recommend to the AML Board of Directors. Dave Soulak, Palmer Manager and Legislative Steering Committee Chair, has called a meeting of the Steering Committee for August 1-3, 1985 in Cordova. Please contact Dave, the Chairs of the Sub -Committees or a Legislative Committee member from your community and let them know of priority municipal issues or legislation that the League should address. Legislative Committee and Sub-Committeo chairs: Dave Soulak, Chair Kay Diebels, Chair 231 west Evergreen Land Use, Resources, and Palmer, AK 99645 Economic Development 745-3271 8923 Tanis Juneau, AK 99801 Lee Sharp, Chair 789-7586 Taxation i Finance, Municipal Elections, and Local Pat Myers, Chair Government Powers Education P. 0. Box B P. 0. Box 149 Palmer, AK 99645 745-4801 Galena, AK 99741 745-4801 656-1301 LEHNE APPOINTED NLC COMMITTEE VICE CHAIR - National League of Cities President and Mayor of Cleveland George V. Voinovich appointed Fairbanks Council Member Ted Lehne Vice Chair of NLC's Committee on Energy, Environment and Natural Resources. The Committee is responsible for national policy development for NLC on air and water quality, hazardous waste, energy and infrastructure issues. As a former NLC Board Member, Ted also serves on the NLC Advisory Committee and as a Past President on the AML Board of Directors. ANCHORAGE TO HOST U.S. MAYORS' CONFERENCE - The Annual U.S. Conference of Mayors is being field in Anchorage, June 15-19, 1985. The U.S. Conference of Mayors is a national organization of the mayors of larger U.S. cities - populations of 30,000 or more. The Municipality of Anchorage will host the five-day event which will include policy development and workshops on __.. a variety of issues affecting American cities - crime, economic develop- ment, financing urban services, etc. Over 1,000 people will be attending the Conference including 250 mayors of U.S. cities. The Conference head- quarters will be at the Captain Cook 'Hotel. For more information contact Carol Edwards at USCM in Washington, D.C. at (202) 293-7330 or Linda Duck in Anchorage at 264-4766. NOVEMBER CONFERENCE IN FAIRBANKS - The time is here to begin putting together the AML 35th Annual Local Government Conference. The Conference will be co -hosted by the City of Fairbanks, the Fairbanks North Star Borough, and the City of North Pole, in Fairbanks, November 13-16, 1985. Mark your calendars and watch for Conference information in upcoming Newsletters and special bulletins. r. in the meantime, to help us plan a productive and informative conference, - please complete the survey attached and return it, and any other comments you may have, to the League offices by June 30. Some of you helped already �-- - by completing the 1984 Conference Evaluations handed out in Anchorage last year. Included in this Bulletin are the results of that survey. N n NACO STEERING COMMITTEE NOMINATIONS SOUGHT FROM BOROUGHS - In order for Alaskan issues to have a national forum and for the National Association of Counties (NACo) to be effective in influencing national legislation affecting municipalities, the Alaska Municipal League and its member boroughs and unified municipalities must participate. One of the best ways is to have Alaskans participating on all of the twelve NACo Steering Committees. Please submit nominations by filling out the enclosed form and returning it to the League office by June 24, 1985, if possible. As you know, NACo Western Interstate Region (WIR) just held its meeting in April in Reno, Nevada. Betty Glick, AML Immediate Past President and Kenai Peninsula Borough Assembly Member, serves on the WIR Board. The annual NACo Conference will be held in Orlando, Florida, July 13-16, 1985. Don Smith, Municipality of Anchorage Assembly Member and AML Director, serves on the NACo Board of Directors. Alaska is well represented on the NACo Boards, but it is also important to have Alaskans on the policy steering committees. The steering committee nominations must be approved and made by the Alaska Municipal League and given to NACc as soon as possible. The newly appointed steering committee members will then help develop the NACo American County Platform at the Orlando Conference. There are eleven steering committees: Community Development, Justice and Public Safety, Environment and Energy, Health and Education, Employment - Labor and Employee Benefits, Use and Growth Management, Public Lands, Intergovernmental Affairs and Local Determination, Taxation and Finance, Transportation, and Human Services. �. Again, like the League, NACo's effectiveness is directly related to the amount of participation by its members. Please complete the enclosed form and indicate committees of interest and return them to the AML offices no later than June 24, 1985. Nominees must be elected or appointed officials NACO. The nominee will be expected to attend the NACo Annual Conference, the Legislative Conference, and at least two other steering committee meetings during the year. NACo does not pay travel expenses. MEMBER NEWS ' Tenakee Springs - DOT/PF is advertising for bids to expand the boat harbor at Tenakee Springs, 45 miles southwest of Juneau. The project consists of relocating concrete floats and a concrete breakwater, repairing a damaged float, removing timber piles, constructing 320-foot floating breakwater, and building timber floats and timber stall floats. -3- POSITION VACANCIES Planning Director - Kenai Peninsula Borough (Soldotna): This newly created position will be responsible for the overall management of the KPB Planning Department. The department currently has 12 employees working in platting, planning, land management, and resource management sections. Qualifications: Bachelor's Degree in Urban, Regional, or Community Plan- ning or a related field of study. Must have ten years of experience in the planning field, five of which involved land management, surveying, and/or economic and resource development work at the supervisory level with a local government unit. Related post-qraduate education may be substitute for the experience requirement on a year for year basis. Knowledge of relevant state and federal laws, data processing, and the borough's economic/geographic/demographic/social composition and energy issues highly desirable. Staring Salary: DOE ($54K maximum). Interested individuals should send a detailed resume with salary history no later than July 10, 1985 to the Personnel Officer, Kenai Peninsula Borough, Box 850, Soldotna, AK 99669. For information, contact the Personnel Office at 262-3226. City Manager - City of Petersburg: Chief administrative officer for a full service city which has jurisdiction over schools; electric, water, wastewater, and refuse utilities; a hospitals elderly housing, port and harbor facilities. $22.7 million annual budget, including $10.4 million for capital improvements. Salary from 850,000 to $60,000 depending upon qualifications and experience. Requires MPA or MBA with minimum of 5 years experience as a city manager. Experience with an electric utility is desired. Park & Recreation Director - City of Petersburg: Department head posi- tion responsible for supervision, operation and maintenance of all munici- pal park and recreation facilities, programs and activities. $450,000 annual budget, including $225,000 for swimming pool renovations. Salary from $29,690 to $32,989 depending upon qualifications and experience. Requires bachelor's degree in related field with at least 3 years experi- ence with a municipal park & recreation department. If interested in the Petersburg positions, send a resume complete with salary history and employment references by June 21, 1985 to Patricia Curtiss, City Clerk, P. 0. Box 329, Petersburg, AK 99833. EDUCATION FORMULA STUDY - With the passage of SB 147, the interim founda- tion formula became law. The Department of Education Committee studying the new education formula continues to meet and reports progress. They have looked at the history, and the Resource Cost Model program and have identified the ingredients that must go into the proposed finance formula and the policy issues, and are now reviewing the time limit. The next meeting is scheduled for June 20, 1985, at 9:00 a.m. in Anchorage at the Vocational Education Center. AML members participation is welcome, according to Larry Huxel, Director of the Division of Management Law and Finance, Department of Education, and the person responsible for the func- tion of the committee. if you are interested in 1) being a working member of the committee and can plan on routinely attending the meetings, or 2) cannot attend the meetings but want to be kept abreast of the workings of the committee, please contact Larry Huxel, 465-2665. -4- MEETINGS OF INTEREST U.S. Conference of Mayors, June 15-19, Anchorage Contact: See article. NACo 50th Annual Conference, July 13-16, Orange County (Orlando), FL Contacts NACo Conference Registration Center (703)471-6180 AMMA (Managers) Summer Meeting, July 25-26, Egan Convention Center, Anchorage. Contact: Tim Smith, AML Programs Manager, 586-1325 AML Legislative Steering Committee, August 1-3, Cordova. Contacts See article. AML 35th Annual Local Government Conference, November 13-16, Fairbanks Contact: AML, 586-1325 NLC 1985 Congress of Cities, December 7-11, Seattle, Washington. Contacts NLC Conference Registration Center, (202)626-3200. Small Business Incubator Conference, June 26-28, Spokane, Washington Contacts Small Business Administration, (202)653-7880 or Spokane Area Chamber of Commerce, P.O. Box 3247, Spokane 99210 WORKSHOPS OF INTEREST Advanced Government Accounting, June 19-20, Orlando, Florida June 27-28, Los Angeles, California Intermediate Governmental Budgeting, July 15-16, Boston, Massachusetts Money Market Management for Governments, July 17-19, Boston, Massachusetts Intermediate Governmental Accounting, July 17-19, Boston, Massachusetts Contacts Government Finance Officers Association in Chicago, Illinois (312)977-9700. Life Cycle Costing, July 22-24, Seattle, Washington Contacts GSA Training Center, P.O. Box 15608, Arlington, VA 22215 Federalism, August 5-7, Washington, D.C. Government Operations Seminar, July 29-31, Washington, D.C. Congressional Operations Seminar, July 15-19 (other times as well), Washington, D.C. Contacts Government Affairs Institute, P.O. Box 988, Washington, D.C. 20044 (202)632-5662 NAAG Seminars Federal Civil Rights Actions, June 24-25, San Francisco, CA Tort Liability Seminar, June 26-28, San Francisco, CA Contacts National Association of Attorneys General (Kristin& Whittaker) 202/628-0435 -5- 1985 LOCAL GOVERNMENT SALES TAX CONFERENCE FACT SHEET AGENDA June 21, 1986 All meetings held at Centennial Hall 7:30 - 8:30 a.m. Continental Breakfast 8:30 - 10:00 a.m. Auditing Techniques - In Field i - In House 10:00 - 10:16 a.m. Break 10:15 - 12:00 P.M. Sales Tax on Services: Problems and Solutions 12:00 - 1:30 p.m. Lunch --Buffet at the Prospector 1:30 - 3:00 p,m: Tax Collection Efforts - Filing Returns - Obtaining Payment 3:00 • 3:15 p.m. Break 3:15 - 4:30 p.m. Out-of-town Sales: Where to Draw the Line Note: Bring your collection letters that work and sales/hotel ordinances to share --•---•---------1-•••••-•-•----•--1-•---.t--•---------•••--------- -•--....... --- LOCAL HOTELS Alaska Bed b Breakfast Assn. 586-2959 Cashen Quarters 586-9863 Alaskan Hotel 586-1000. Country Lane Inn 789-5005 Baranof Hotel 586-2660 Driftwood Lodge 586-2280 Bergman Hotel 586-1690 Prospector Hotel 586-3737 Breakwater Inn 586-6303 Summit Hotel 586-2050 Sheffield House of Juneau 586-6900 Tides Motel 7804622 Super 8 Motel 789-USS 1-MN--------------------- ------ --------- NN•------------------------------- REGISTRATION FORM 1985 LOCAL. GOVEPMENT ".:.ES *rx CONFE,".L:CL Name: Name: jTitle: Title: i City and Borough: Mailing Address: Phone Contact: Amount Enclosed: $ Make checks payable to: Mail to:* ocarzovernment Sales Tax T$99tocai Govt. Sales Tax Conference Conference c/o City and Borough of Juneau Fee: $35.00 includes meals Treasurer's Office 155 South Seward Juneau, AK 99801 *Note: Phone your reservations in to: Rick Decker, CBJ, 586-5265 -6- ■ DEFICIT CUTS1 THE HOUSE A14D SE14ATE VERSIONS By Frank Shafroth Nation's Cities Weekly r The House and Senate have now completed action on their deficit reduction plans. Both budget resolutions differ substantially from the administra- tion's budget request, and clearly reject the concept that the deficit can or should be reduced through the phase -out or elimination of all city programs and a continued sharp increase in defense spending. By the same token, the House and Senate have rejected consideration of any scrutiny or reform of federal tax subsidies to help reduce the deficit. Both would increase defense spending substantially over the next three years. Consequently, both resolutions rely almost entirely on reductions in domestic and city programs, not only to reduce the federal deficit, but also to pay for tax and defense spending increases. Both the House and Senate budget resolutions call for unparalleled re- ductions in domestic spending. Both claim deficit reduction over 3 years substantially greater than requested by the administration. The Senate claims the federal deficit would be reduced to $104.3 billion by 19881 the House claims its resolution would reduce the deficit to $124.4 billion in 1988. The non -partisan Congressional Budget Office has, in effect, claimed a pox on both Houses, however, estimating that under more realistic economic assumptions the Senate budget proposal would reduce the deficit at best to $145 - $150 billion by 1988. In other words, even with the proposed cuts in the Senate resolution, the national debt will continue to grow at an �. unprecedented rate unless Congress takes some further action to bring down the deficit. Despite the similarities, there are a number of substantial differences the House and Senate budget conferees will have to iron out. In general, the House budget resolution would fully protect all needs -tested entitle- ment and discretionary programs from any freeze or reductions. The Senate would not. The Senate proposed the elimination of 13 domestic programs the House only one. The Senate proposes to freeze the Social Security and other federal pension program cost -of -living adjustments for 1986; the House does not. The House proposes a freeze on defense spending in 19861 the Senate proposes an increase spending in 1986 of $9.9 billion. The conference between the House and Senate appears likely to involve in- tense debate about defense, Social Security, and domestic spending. The House conferees are: Bill Gray (D-pa.), chairman of the House Budget Committest Jim Wright (D-Tex.), Majority Leader; Bill Hefner (D-N.C.); Tom Downey (D-N.Y.)1 Sutler Derrick (D-S.C.)t Mike Lowry (D-Wash.); Vic Fazio (D-Calif.); Marvin Leath (D-Tex.)1 Martin Frost (D-Tex.); Del Latta (R-Ohio); Lynn Martin (g-I11.)1 Bobbi Feidler (R-Calif.); Hank Brown (R-Colo.)t Beau Boulter (!(-Tex.); and W. Henson Moore (R-La). -7- W s +r ' • typ F' + In a memo dated May 30, NLC Executive Director Alan Beals provided the, following update on the budget debater "we anticipate that Senate Budget Chairman Pete Domenici (R-N.;K.) will appoint conferees early next week, but that House and Senate Budget con- ferees will not most at least until the week of June loth. In the budget attachment, we have provided a table comparing the key differences on issues of importance to cities. with the exception of revenue sharing, we support the House position on almost every other issue. It appears at this writing that the Senate is likely to give in on Social Security and the House on defense --meaning that both Houses would agree to increase spending to resolve that controversy, and that domestic spending would be put under even greater pressure. There are some indications that the Senate will insist that the House agree to the termination of at least two more programs in addition to revenue sharing in order for any confer- ence agreement to be reached. it is important therefore that all city officials contact their delegations on behalf of NLC's priorities. in addition, you need to keep in mind that these savings are assumptions only. Therefore, for example, the Senate budget currently assumes order- ing the Senate Finance Committee to reduce spending in programs under its jurisdiction by slightly over $12 billion as part of reconciliation. The Finance Committee is advised that the Senate assumes no cut in revenue sharing in 1986, but that there will be cuts in Medicaid, Medicare, and Social Security. Nevertheless, it is left to the discretion of the Senate Finance Committee to make the final determination, including the determi- nation whether to out or eliminate revenue sharing in order to avoid making cuts in Social Security or Medicaid. General Revenue Sharing: The budget process pursued by the Senate and the House call for three year budget numbers. Both Houses assume the termination of revenue sharing after September 30, 1986. As explained above, moreover, both leave open the possibility for other committees to try and kill revenue sharing even before that. City officials thus need to be concerned and act now to protect revenue sharing or the remainder of its current authorization. At the same time, city officials need to begin thinking and working on the future. The revenue sharing attachment is intended to give you some ideas and suggestions about how we can work for reenactment of some form of revenue sharing. it is important to remember that while many of our members have said and clearly are able to make the transition away from revenue sharing, there are a substantial minority of cities across the country that are in severe fiscal distress --cities which clearly do not have the option of either raising taxes or cutting services, and cities where the states are similarly either unable or unwilling to step in with a helping hand." -8- y r Deficit cuts: the Mouse and Senate versions 111MAM FWTIOM NOU51 pO1111000 NtC p011110014 OoNew ►fnpomf a 4% ifin ,eagr 0 f *66, proposal a freeze In 1166, 7% supports the NofM proposal lot 1%in 1911" tat 710 in 1116, a rpawth ,e 1e61, AN tole `rowlh raw a pal freed In 1116. that a total of over $Ss, 1111fsl in ew tponHn{ Aulh«ia ad Sand Man IAf1Nan M IN A total of 667 billion m now speeded woup reduce the federal dobtlt $22 billion ever fee foam May, MA4rt, Authority AN MNIy 634 mom N outlays, P Ts, bpoe/NwM now" to C*MWer gas Ala reflected KswNr of IM UPWO 10M ran #Ieeae on �apnMNwes M pill of The Ifrfpct of lateral tat tan Mpe"Nw«, That weuN MWr11�gtetr pp►ocal. lacreal" In us MpeNlfas on the /aka, re/wo 1M INorA124 M •aNNNwes uo prekCtN to s31 f1NNon. w st33 Ifont name 7 HIro. Intem ""ing IroarN reverim duping for I tesate ►ro1Nies t0 CYt the wo[ral fegNts a hRto of rMNtlle few at Current aid Ike* rerAffnates ton /I0{Ienf 25%afloaflto Oct. 1, 116s, Mal than to fNlnlal* tlw $Melon f« t1N, t1q, AN 116rf. A #fast* Nestts* a late. NoVaw M Oct. 1, N66, �ee�I/ reduce M MMW 900 ,1 nWNon ever 7 y�An �i.� air NMINnwM N/ Cef*1nwNr OM*kPww AeranNaf a 10% N Affanwcf 10% UppNl/ a (ratt2e� N Community A Cue CO6G, a 10% CW is UVAG le f166, AN • a Cuc N CO6G oed UOAG; *C*nenNC AN dayelopiwM prWaiw. A ft@M weeid teraw"lloe Iho►ealton • a bate N the 313 and Ion rN1Ke 11N dMtN east re« by • off101f el the seCIS" 312 OWMMt dew $33 WAR". a" feel Off Mogranw; N • M increase In WARS IN the • renminalf*f 1 the 1400AG NM 1 2 NQOAG fee M 10 676f Ni111M aN I W Ill* pWAN fear Itlln on Ion ravel IMIal /I�Mi r�nt*►�t tatkn ppaataf • A spate Cut N WA, Ion A/C. • Nires"M e110A, 61t and TVA; App"Uso U`tofut Y • 20% Cut N Ion "A NOWCanwMfMen Man and Ion VA; lean p/ogratt Ifed • a IINu M /MN wet« ad • rem"allfln gift 114 wANMattr grwlte. An/db«fft lesions; Id ffMt • ro and a beep M rwal wafer aid wafwwaltr grwN1. Ile*aNg i aC ffri"z*+ forofACIN 1w re tNKrirn in i W Ins fgMUg • flit Meuw P"W preyedlnff for and • pornt optrwNg awn . tytt rwal Willing fund *per= oNf Current Aw Ie»IC, i.e., it weed prime fu0 wNg nd Protection fillnoNf modhow"; /rs�►raft • • IrMm and In hall, JodwN61M nwnMr� • A 10% M in feat howNµ • A*!r*NIN Water. van essisiedbue164ANrr tat 3SAob and • a freeze N Session 203 • a 1rr��*ep N"session 303 *+t`ppee 11Ndr N ape aid 0/rety anon aye TroatperrNNi ; a � r pfltlan. A 2i200% Cut is public am its beeze AN f011 Irattthe o In r *inn 19 atM6 � 11�bi �� N tat) bs��ilw doNCNr20�0 = •A�o vb k Ira"Wai*n • a�A*pr011stafelf 4.5%CN IO INf16I 35%1* 1N 0 33%INid the if highway pregeAw; a 11%Cw N • a 10% tot N AAwroh in Nd6 I�,nz:�pmb IINNMM highway program a1 A 10% inflation NlwtauM IMe/1Nf«, a A If,31 tut to AnafAr to Ns a ifs tut to1f11. eat • A0� as M AM. i*rf Ifs/ 1alpleyfnenl Atsom ftrnNMllos of the Amuwet that p/* Cam UVOW1 A eon yew freeze, vr*r6 NtfMiye 1f1/ ConwMly fled GfM is fat m low NCpne �1fNno b* wMth weal/ rya /oaNrN ;e1r1 oro0ano a 116N, and Ctflf is ton is wow nuMnaNw/ at torrent with NAatal*NiNAdkflnriq, /cheats M fI MNNn N H66 /A, ad enrpfwnwM C WWI T/A"anon,Lw*A t *a.:,! Cvnuiw�lr io;z 11ech Grew! pregras, 6-0 Mews • a 020 ralNkn roductlon N t*naerrariM pWaw, ANenlou a a time Is oMrgy CMItayNlan p►egraw MCgI It feppo1la a fr"n, which would reduce I 0*11 AeCt few bytilrgT f100 Clzpow0IWWAI }N /ltllnl!/ Ion NWrn w*YId wOYld Ater • f1 this W iftrim Flo //Won Cut N IYN*d I/any pel1ellWl NC/IIM 1« Nor InCMIe /M/*f/Wn OYNCiM6M, 4WroAwgN NwN *1 gtM►M werheritall", 04 a bhp w k Oe*Id rwew�Y aid • Aflrn;arl CwreM keel fwMN{ C Ion Mich Y fee 090" • a {/ywgC of "a man" M 1« kw attain fwlafcNf seal yeas, M1C d�*Me wed{ Iris Nor intaim teat *$WIe K* p*groas, It funlMb the opanes fetaa►Mt iroYi wNh adjlnMMAM fee Mitou ►, pesraleWl evIK11M// k= Y a f*Ifolole IN games raaaa. G1vIsNMNtlf /Mplewnor«tlwber, Afewe a Neese In Ion ANwMf a Iran* In the fgpNb Irt M*we/iNlam acunicipal waftow"" gram Off x1pol wastewater VAVI 7po*ffiirNn, ~Am MWans. Nnnfi OMNepinane Munn*n Mw1nM; **We ton Na*er position am • • fi,i biYian Apr N AhNuJ/ /tw1NkMAI • fuN of �1MdIuM, and opposes a frato at eMNknwof ae*I[w IaNNanl1 M eiMrf'fywpYisa«NAN IifeilNl • a $30 Mak4w mate*" N Itld. Natpf And a stfl numfa �re6raw tY/ifarle On/Y as raCia M oast, owl fifl0enfiNbi aict i Cw by #anal child 30o ntrtNen tW N to t�Mcws, ev" /t•rto*nly grade. Ff MASTER 1904 CONFERENCE EVALUATION Please Fill Out Please circle rating for each of the followinL7/ .' 174I5x 624/8% 0 Quality of Speakers Exce/lent gggg Fair Poor Overall Program Content Excelllent CoodOx Fair P4400ggr2 Entertainment Excellent �3x Fb�rOZ Pbbir7' Which sessions were the most informative and interesting? Capital Projects-9 TaxationbFinance P.S.-7 Bonding-5Transportation P.S.-5 Elections P.S.-7 Small Cities - Energy-b''APA-5 Local Gov't Powers P.S.- Which sessions were the least informative and interesting? F..ennn.nin ifavaln��Ant- p_a=-4 p Q-L T awnl ge Atiana-4 is the length of the conference (circle answer) about tight t42 ool ionq too short Is the amount of time spent on policy section meetings (circle answer) A411 tight 46115ch ANnough Is the amount of time spent on workshops (circle answer) aboi�r2 sight tool much notl enough Which days of the week would you prefer for scheduling future conferences? Same - 29 69% Not Sat. - 6 Tues.-Fri. - 3 Tues. Also - 2 ur-Sat - I Begin Mon - 1 suggestions for future conferences See other side Elected official 30 65% Staff 13 Associate Member 2 Appointed Board/Commission I Do you represent a second Class City . 9First Class City 8 Home Rule City 13 Borough 8 Unified Municipality _ 7 V" back of page for additional comments. Please return to AML staff during the conference or mail tot Alaska Municipal League 105 Municipal Way, Suite 301 Juneau, Alaska 99801 Suggestions for future conferences: o More room in the meeting rooms - 7 o Better accommodation of smokers - 4 o Saturday banquet - 2 o Bid conference host city to others e.g. Sitka or Valdez - 2 o Friday business meeting - 2 o Designate one individual to carry voting credentials o Appoint Resolutions as a standing committee; require resolutions to be submitted earlier; have the Committee most earlier; and allow the elected officials to attend o More on first day in the morning for those who are not elected officials o Friday business meeting - 2 o More and shorter workshops o Improve the location of exhibits for better exposure o Longer session/workshop on parlimentary procedures o More legislators should attend o Fruit and cheeze should be served as an afternoon snack at the business meeting o Have the complex issue workshops in the morning for better attention o More sessionspn local government training and orientation o Contract construction law workshop NATIONAL ASSOCIATION OF COUNTIES STEERING COMMITTEE NOMINATION FOR14 NAME TITLE MUNICIPALITY ADDRESS CITY OAK ZIP PHONE SOCIAL SECURITY NO. POLITICAL AFFILIATION(optional) Steering Committee Choice (pick three in order of preference 1,2,3) Community Development Justice & Public Safety Environment & Energy Health & Education Employment - Employee Benefits & Labor Intergovernmental Affairs & Local Determination Experience: If elected, date term expires Years in office Land Use & Growth Management Public Lands Taxation & Finance Transportation Human Services Nominee agrees to attend required number of meetings _eyes no Personal contacts with members of congress or their staff Senator Ted Stevens __,yes no Senator Frank Murkowski yes no Representative Don Young yes o -more- 1 nd List nominees borough experience related to subject steering committee i N Return to$ Scott A. Burgess Executive Director Alaska Municipal League 105 Municipal Way, Suits 301 Juneau, Alaska 99801 BY June 24, 1984 I HELP PLAN YOUR CONFERENCE The 1985 Annual Conference will be held in Fairbanks on November 13-16. Program planning is now in progress, and the League Hoard and staff would like your oomments and suggestins on teh topics and kinds of sessions that would be most helpful to you and your city. Please discuss the follwoinq items with other officials in your city and borough and help us plan the 1985 Conference. 1. WORKSHOP TOPICS: Please indicate which of the follwoinq topics are of most interest to you and your city (using 1 to indicate the topic of most interest): I accounting and budgeting hazardous waste capital facilities planning & finance housing city manager evaluation human resources collective bargaining industrial development community development insurance & risk mnqmt. computer applications leadership skills conducting meetings lobbying skills contracting city services natural res. & land use council or assembly/manager relations personnel & labor rel. downtown development rel. for cities economic development _public public safety energy speaking federal budget impacts _ _public records management federal tax code changes revenue sharing & taxation transportation _finance financing public facilities written communications the new Title 29 (other) handicapped regulations =(other) 2. HELP WITH CITY PROBLEMS: What specific problems or concerns are you facing in your city that should be addressed during a session at the conference? 3. SUGGESTIONS OR COMMENTSt Do you have any additinal suggestions or comments on speakers or workshop topics that would make the 1985 conference especially useful to city officials? Return by June 30, 1985, to: Alaska Municipal League 105 Municipal way, Suite 301 Juneau, Alaska 99801 name title municipality 1: /V o CITY OF KENAI %Od Capdal 4 4" 210 FIDALAO KENA1, ALASKA M11 TEWHONS 263. 7625 June 28, 1985 MEMORANDUM TOs Mayor Tom Wagoner & Kenai Cr Council FROMs Randy Ernst, Airport Manage REs Time Table for Master Plan Update and Float Plane Facility Master Plan Update 1. RF P advertising - July 2, 9 and 16 - 2. Bid opening - July 31st 3. Award bid by Council - August 7th 4. Bid winner to submit design scope for approval by City and FAA - September 9th S. FAA approval of design scope and application submitted - September 16th 6. Grant signed by proper City authorities - September 18th 7. Notice to proceed (FAA) - September 20th Engineering firm (bid winner) to proceed immediately on airport facilities forecasts portions of master plan along with float plane facility to includes environmental impact statement, public hearings and layout plan S. Submit facilities forecasts - February 3, 1986 Float plane environmental impact statement (as required by FAA) and public hearing statement. Continue on with completion of master plan. Float Plane Facility 9. Resubmit preapplication for float plane project and start design on float plane basin - February 12, 1986 r �F• � r' j 10. Tentative approval from FAA for float plane project and FAA approval of design of basin - May 120 1986 11. RFP advertising - May 15, 22, 299 1986 12. Bid opening - June 5, 1986 13. Award bid by Council - June 18, 1986 14. Bid winner to start construction - July 3, 1986 15. Float plane basin complete - October 3, 1986 16. Master plan update complete - October 20, 1986 I have consulted with the City Manager, the City Engineer and the - FAA Planning Division to present a realistic time table for you for the completion of the master plan update and the float plane project. Please be aware that this time table is subject to many variables, which will necessitate certain time frame adjustment. RE/dg ecs Wm. J. Brighton, City Manager Jack La Shot, City Engineer Keith Kornelia, Public Works Director Jim Perham, FAA ......, ..ter_-.-�...... 1 :r/VF-0 -- / ? CITY OF KENAI %'%Od 6ap4W 4 4" 310FIOAL00 KENAI,ALASKA 96611 TELEPHONE 363.7635 June 27, 1985 TOs Wm. J. Brighton, City Manager PROMS Keith Kornelis, Director of Public Works REs Street Lights for Council Meeting of July 3, 1985 1. A year or two ago a Councilperson requested street lights in various areas around town including some areas on forest Drive, Main Street Loop, etc. Council looked at the individual spots and made a decision on some of them. We subsequently contacted HEA and had them installed. 2. An individual in VIP approached the City Council for installation of street lights especially along bus routes in the City of Kenai. Council directed the Administration to approach the Burton Carver Bus Company and ask for ideal locations for lights along the bus routes. 1 contacted Burton Carver and received a list of 40 locations for street lights which I mailed out to City Electric, Air Tek, and HEA. A copy of this list is attached as Attachment A. 3. I received a cost to install the 40 street lights and submitted a letter dated March 15, 1985 for the Council Meeting of March 20, 1985. This letter is listed as Attachment A. The letter showed a capital cost estimate for the 40 poles at $56,000 with an annual cost of $340480 per year. That letter oleo pointed out that we need an additional $27,440 to replace the fixtures and ballasts on the street lights in Woodland, Redoubt Terrace, and Inlet View. At this Council Meeting, the Council directed us to reevaluate the annual cost estimates to determine if the estimate I received from City Electric is correct. 4. At the next Council Meeting of April 3, 1985, Charles A. Brown submitted a letter dated March 27, 1985 which is Attachment B. Basically, this letter states that the figures that I showed on the March 15, 1985 letter are correct. ._.. .._._.. ....__.._'. .. ... .. .. ...�-�-... ... +... .-.... ... .._ .. -«.::mar r.. 1 5. Recently, I have taken the list that I received from Burton r Carver and have found that the following street lights can be eliminated from the list. a. Walker Lane and Airport Way - (1) There are lights already on the Spur Highway near this intersection. b. Walker Lane and Airport Way - (2) There are lights already on the Spur Highway near this intersection. c. Fourth and McKinley - This could possibly be deleted since there is a yard light on a pole near the intersection that appears to have been installed by the residents near that corner. d. Gill and Fathom - There already is a small street light near this intersection. a. Toyon and Forest - There already is a street light at this intersection. - With the dolotion of these items, the Burton Carver list is now as followss 1) Fourth and Evergreen y 2) Second and Evergreen 3) Third and Evergreen 4) Fourth and Forest 5) South Stellar and Forest 6) Forest Drive and Elm 7) Robin Drive and Spur 8) Cook Inlet View and Lilac 9) California and Second 10) Redoubt Avenue (1) K 11) Redoubt Avenue (2) 12) Redoubt Avenue (3) 13) Redoubt Avenue (4) 14) Spruce Street - Ballpark (1) 15) Spruce Street - Ballpark (2) 16) Fourth and Spruce 17) Kaknu and Candlelight 18) Linwood end Kaknu 19) Kiana and Candlelight 20) Lawton and Wooded Glen Court 21) Beaver Loop and Juliussen 22) Beaver Loop and Dolchok 'F 23) Bridge Access and Sprucewood 24) VIP Drive and Baleen }{' 25) VIP Drive and Set Net 26) VIP Drive and Sanddollar 27) VIP Drive and Muir 28) VIP Drive and Lora 29) Sunrise and Lora 30) Sunrise and Muir ' 31) 32) Sunrise and Set Net Sunrise and Pirate 33) Sunrise and Ketch 34) Pirate and K-Beach `f 35) Bridge Access and Child's Street across from Port Kenay -, 6. We have also received requests for street lights in various areas of the City and have also noticed intersections that would need them just as much as the ones listed above. Therefore, the following street lights could also be added to the list. 1) Spur and Evergreen 2) Fourth and Haller 3) Fathom and Toyon - Relocation and Repair 4) Midway on Stellar Loop near cul-de-sac 5) North Stellar and Forest 6) Forest Drive and Fifth 7) Spur and Lilac 8) Wildwood and California 9) Spur and Redoubt 10) Spur and Linwood 11) Linwood and Aliak 12) Candlelight and Aliak As you can see, there are quite a few intersections around town that could use illumination. Unfortunately, at a cost of $1,400 per pole plus the annual cost of $862 per pole, it becomes very expensive. Using the above locations: CAPITAL: 47 poles x $1,400/pole o $65,800 ANNUALS 47 poles x $ 862/pole $40,514 KK/jet J� 1 I 1 I 1 I CITY OF KtNAI „ Oil Capd4l 210 FIDALOO KENAI, ALASKA 95811 TELEPHONE 283.7535 March 15, 1985 TO: William J. Brighton FROM: Keith Kornelis SUBJECT: Street Lights along bus routes. FOR: Council Meeting of March 20, 1985 Attached is City Electric's letter dated March 7, 1985 which outlines the costs for installing street lights along the bus routes within the City of Kenai. The second and third pages _- list the location of the 40 street lights and the costs for ti installation (capital), repair and maintenance, and annual operating costs. Some things to note: (1) City Electric recommends using 250 watt high pressure j sodium street lights and I have based the below rough cost estimate on that. (2) City Electric's cost did not include HEA connect costs ,j (I estimated $118/pole) nor actual staking. _I (3) City Electrics cost are for using wood poles not steel in concrete bases. (4) All cost are only rough estimates - because the cost is ..: , 1" over $6,500 we will have to go out to bid on the project. y Rough cost estimate for 40 poles: CAPITAL COST ESTIMATE $1,282 / Pole - install 118 / Pole - HEA $1,40U Po e $1,400 / Pole x 40 Poles 6 000. ANNUAL COST ESTIMATE $ 15 / Pole - R & M .I $499 / Pole - KWH $348 / Pole - Meter CHG $862/ o e $862 / Pole x Poles a $34.48O/Yr. The street lights in Woodland, Redoubt Terrace, and Inlet View are no longer being manufactured. HEA can not get replacements and have suggested we replace the light fixtures. City Electric has given us a cost estimate of $490 for each unit. HEA has estimated that there are 56 lights in these areas. So at $490/ea we would have a cost of $27 440.00. I might point out that presently as those lights are burne out we can not fix them. J' _ A V 17 Y E C ! i"'C 1 C. J N C. ELECTPICAL CONTRACTORS ^. 3700 RAINIER AVENUE SO SEATTLE. WASHINGTON M44 -2061 722.0700 POST OFFICE BOX 3690 ANCHORAGE. ALASKA 99501 -907, 272.4531 POST OFFICE COX 40303 "AIRCANKS ALASKA 99706 19071 402.7158 r ROUTE I COX 115 KEN A, ALA69A 00611 .9071283.7969 3-7-85 R[PLT To Kenai Office • City of Kenai R[FERENCE 210 Fidalgo Street Kenai, Alaska 99M9 ATM: Keith Kornelis RE: Additional Street Lighting. Gentlemen; I aplolgize for the delay in returning this proposal, but have worked the following for your consideration. 1- I =uld recommend only 250 watt Mah =sure Sodium for street liahting, simply , a 2 watt HAT nas approx. 773M Lumens of output for 250 watts of power consuuneci, the 400 watt Here. has 22,500 Lumens of output for 400 watts of paver consumed. 2- Labor costs to install would be the same for both units, but the Dferc. r- fixture and lamp costs more. Lamp replacement are $38.00 for 400 watt Mrec. and $27.00 for the IMS. Both are rated 24,000 hours lamp life, and our cal- culation of costs are based on an average of 150 HR/M0 (8 4.5 cents/KITH, plus a monthly fee of 0.20.00. These should last for ten years. The repair and paint. cost of '415.00 per unit is for vandalism. The 250 watt BPS fixtures are quoted with Lexan lens, which should elimenate glass breakage. Our quote is valid for 90 days and is a firm quote, based on the attached drawings. _Ife did not ouote steel poles and concrAM bases due to hi her costs. Each role will have it s own meter base, �TA connect cost are Mar included in If you decided to pursue this project, we could check out the poss- ibility of plowing cable between poles, thus eliminating the 529.00/mo for each meter. The best area would involve poles 39 thru 39. Ife have excluded actual staking of 'the individual poles from our quote. t, a� I have also submitted a proposal for the replacement of the existing post lights in I�oodland and Redoubt subdivisions, with new GE C72L":291 150 watt HPS, using existing UG wire at the present voltage. (� These %would cost SA90.00 for each unit, including labor, fixture and lamp. j va Yours y; . lovsky ' eager -- _ City Electric Inc Kenai Division FA/aa — CITY ELECTRIC I 1 ! I -i . Capital i Capital t, R 6 M R 6 M S/Yr Opor f/Yr Oper SIREEI L14111 f Mercury Sodium Mercury $/Yr Sodium W r Mercury Sodium 1. Halkur Lane 6 Airport Rd (1) 80a.00(011) 318.(X) (031-Ij UG) 4W.110 (K!91Il 348.00 (111-TrOt 00) 1 316.00 PA. 1 2R 00 2. Walker Lane A Airport Rd 2 f o , .. o a n rr of o 0 of n o no n o u rr to Ti. OUCFh 6 Evergreen „ „ „ „ „ I. rr rr rr o n rr ,r rr o rr Is e 4. Second vorgrcon o 0 o u o 0 0 0 0 0 o n n rr a o u rr • fourth X forest Is of of Is to it if of It it it it n it o of o 0 6. Fourth 6 McKinley of it of of to o nr of 0 0 0 0 if o to 0 0 0 1. Gill A fathom it Of to of it of of to it n• to u It to of of to to a. stellar 6 forest . to 0 of of it of it r, of of of r, of to of Of Of It 9. oyon ores o n u o n n n it it Of 0 o to of to of it of U. forest 6 Elm n n o o rr o o rr n o o e o o it of rr If 11. Robin Drive 6 Spur o of n of Is 0 0 it to o rr to n u e it to 0 Cook Inlet. View h Lilac n to 0 it it a to 0 It it n o 0 0 0 it e of 13. California 6 Second of rr of to to ! to of of of „ to to „ of It it it 4. Redoubt Avenue (1) o n o rr n u o n o• n to It of It — Redoubt Avenue 2 it it n to r, to to to is It r, to of of of of rr of 16. RadouG1 Avenue ., is to it it of of .t of it u to to 0 of it to it fiedoub Avenue 4 It to it it of 0 to of to it to n n u is n of n — 13. —,pruco St - Ballpark 1 0 0 it of u to to it It it if 0 of n n of 0 0 Spruce St - Ballpark (2) „ r, n o of to Of of to u u n to 0 0 it of it 8W.(10 (M0I) 409.00 (M. 1) 20. fourth 6 Spruce �.3M. PA. 1.282.00 PA. FXY. 15.00 EA PAT. 15.M PA. Haim (tolut on) M8.(K) (FiP79i1 C7 ) Capital f Capital E R b M R b M E/Yr Opor $/Yr Oper 5I111'EI 1IG111 Mercury Sodium Mercury f/Yr Sodium f/Yr Mercury Sodium 21. Kaknu b Candlolight 8wtM (XV10 499.00 (FMI) 1 '1fiFi,t10 FA ,• 1 282.00 f IA. IB'1. 15.OQ EA R.W.1G•00 1A. 348,00 UIT-R 01 $18.(X) W.T c 11G 22. Jllird b Lvergroust to it n u n u q n n n rr el n u u u u n 23. .tnwood I la nu it it u u n n u n n n n el n o u rr n n 24. una A Candloliglit of it n w of o of of it n to to of n el n u n 25 aw oil 1 it it it t. it if of it to of of Is .t to to of u n 6. Deaver Loop 6 Jullunnen e n felt a to If u it so Is 27. beaver Loop & Dolchak n n u n n t. ff u u a el n n n n n u u 28. bridge Accitao b Sprucawood n to tr n tt n to of to of it it It is it of n n 29. VIP Drive a oen Xvinuo t. n a u u n o n o el u u rf u n n u 30. VIP Drive & Setof Drive n u n n to of so it of of it it it u it to Isa 31. VIP Drive an o ar u u to of e to e n of n to n n Is to Of of of 32. VIP Drive b Muir 33. VIP Drive b Lora Drive rr of it of it to it It to of of n it u to to it it 34. . unr no A Lora Drive it it of it of it Of rrn to to it n o .. n of a .. 35. 5unr ea A Huir Drive it to if a of rf to to of to it It tt rm n Is it ..� u 36. Sunrina b Set Net Drive .f n it is to to a If it of Of of a it u 0. 37. $unriars & Pirate Lane rr n rr rr n u e w n u o o n n n n u .t 3tl.5 unr i ao�EiCotc 1 n rr e el o rr rr w u w o u o u n o n u y' �40. Piruta tr K-Bv.t¢b n u n ft n Is el so so It I'll.. .r tlridye Ac 6 Chlld'a Struot 806.00 (KMI) 41K1.00 (Mill) (Acrona-trum Port Of Kunay 1,3W.00 PA. 1,282.00 FA. JWr . 15.Ot..t. 291'. 15.00 FA. 348.00 (win am 348.00 (IN.1PA .IG) � ELECTRICAL CONTRAC70RS 3700 RAINIER AVENUE SO SIATTLK. WASHINGTON 98144 1206) 722.0700 POST OFFICE BOX 3608 ANCHORAGE. ALASKA 99501 1907, 272.4531 POST Orl?ICr COX 60303 rAIRCANKS ALASKA 90706 9071 452.7153 ROUTE I t* 0 X I I a AENAS ALASKA 90611 .9071 233-7949 RIPLV TO Fenai Office REFERENCE City Of Kenai 0,,wte 3-7-85 jw ele�* 0, LlY )p4r C dvAl- 7r, IZ14 6 ec v be, 17— IF AV ts., L TYPICAL FM ALL LOCATION'S M SCALE CITY ELECTRIC gES I UliULKING i1,-ir0k/v%A I IyN P41A 50,51 (p " ty Col. No VW" we"/ Sollos Olsl DIMENSION....Wf,iess s mpl tam T TyP• r : Ylrrr,eb h 1 L$• With /.t. Rego lade Can"Mod some, we 0 as Wiest so C whOrO not O f {7 q] ;,' ;,;; ;, ~~s• ;.•.: ' :. • .r, .;�•:. •J•t.i ii C. `•.v:w� •.'ti/, •- - ••.'•. �"•., ��r�l'�:':r� ,a•..:-h(-jt� _�. rj,.. C17SHa1 • • • 400 Wan Regulofof SO $01 120 Luceloe RIOo.,(HPF) 50 $03 240A Reactor (HPPI 30 $OS $0077 120 Regv101or M-N•III 53 2b Regvwto, Regoo-0, 53 53 fit 277 Reowa,of 53 C77SN$33 120 250-We" Mt 2W Location Regviolor 42 240 a2 277 pnHta 120 200•Wer" Reguwwt 41 107 240 tutelee p71N407 or it IF 400•Wen Regvldfor M•N u1 s1h 40 1011 120■2400 Morestry Rogvwter Cleo, tamp 40 335 200 Regvlao, 40 122 2" Regulol0, 40 123 240A M-33 Reactor INI>rl S•N.111 wish 37 131 2400 Reactor (HPf) Pho$ tamp 3B 126 120 la ,NPF 1 :7allo7R ♦ fNe,ea None A 30 C7S81116a7 41104 IF400•Wa« Reginald, 50 Soo 0 Luceloe Reona (HPF1 30 1" 240 R•oefor tHPF) 50 1104 120 Regvlwo, 53 SOS SOS 2W 240 Regulotor Regulator A4•14-111 4 53 1110 277 Roguwfor 53 53 612 4W Re vlofor 53 C7►IN0t1 120 2110•WeM fi$ 208 Luceleft Roguiawr' 602 240 r 42 $72 277 S71 460 . C"11Nt0t 120 200.Weff S70 240 tueolos Regvlotof 41 St0 4W C7tSN410 • • It400•WoM Regvlofor M•N•f11 with 40 am t2012400 e Mrcry u Regvtotof Clear Comp 40 OM 208 Regulotor 40 047 2" Regulator, 40 Ou 240.4&w Regilalo, 5-N-III with 40 056 243 M•33 ReoCtof (NN) Phos lump 37 061 240 Reactor ,HFf) 38 OSS 1 120 tag twpf 3q i"NOW • I _ Moreery None a 30 'PHOTOPr1ETRIC DATA:'..UTILIZATION CURVE ii... ''r'_.... /Dior v01100e DO1w$% fated 120s240 volts are factory waved to, 120 oil operation o, Dodos' (ono ishwootleanc Cortrol+he'll opo..cable. these units Con e0$.1, be Cen.e,ted to 240 .a: ope,ohon in the held It in.ts wire• pho"10CW, control ore 04"iteO to 240-011 operation of ballast then phofOeleclt,c Central mi$, oiso be Changed to 240 .ol, operation roenq Thou rated 243s4W volts ate factory wired for 4W .ob op•tor•dn of b011Os' These Can be e01vy converted to 243-.oH i' . opofot.on to v,e f.t•d Q Reactor bo•.0s's fnCwn ate foero,y wired for 3 »••e 123 240 .oh supply. 120 �voltf to phd•oe Banc tonal one 24- roils to bat lost What• only 2-w-rit 240-.oh •f dos -tee C••ae• "smiler to tCof No ' /•cep' » •^ 'sleplocle wired to, 240 • IF • po•mas cv$•o•nt• sotect.on of any one of •C.• .otfoges 120 208 240'277 •?de, P E cat^"o seoa,o't•: ♦0,4et e.te'no bo.,av $operate,, OPTIONS: rfliv �A51" t5 0�0 j lean$ retractor /s iP4/E49 7a X4 We" Wcolos regilota 1200. 277 volicips) Fill" singloibe °F • ACCESSORIES: : fr„O' Sh•e,a 35 96249U 3e •tr,wl nova 0, $free' two shield 35 %2"o.2G --- 400, 250, ANS: MNAP DESIGNA1104 i /OO Me'cwy lCl•o, s N 33.C:`• A-4(A ' 400 Me,Cwy IDeluse, M23Gt-400 DX 4W 250 tveolo. 5 50 400 tuco,os S SI 1 Registered Trademark of General Electric Company 3lENERAL ELECTRIC COMPANY .ighting Systems Deportment, Hendersonvil;e, N.C. 28739 • wwwwweet�iN�wFe��� m1V an MEN ■■�Il�l.�MCNISM 1.1,�am_ pv��lA� MOIIfRINO HEIGHT CORRECTION FACTORS FOR OVER THAIty'l_FEET. .. •IRE 2"" stt0'A Off FACTOR .-a C&O'Wr W. MEM� E . y '20 1 2S 13 'M AO 45 SO FACTOR •75 1.441 1. 0 0.73 0.56 0.44 0.36 iectset IESAIst. Glr» tom►.. Re$ffion T ' %:•i ••,. -K • :• w•"�a 'I+Jta .•r :2 " 17. 0 %k: 'AR N Rt �:'•MS•111. 9S375E10 s. M'-4I,1.11. .�.'33;17581p : r $S37ti017 > ' tit .It ' ft-0- mr—cury, ,:M War Mer4wy 1 ' • 1Wit1 3ST75922 f �f . -r�.. ..' .r2 .:• "`I AA•141t ^ •35.17MM Je 5 M Sri 35-175024 GEISERAL ELECTRIC 'TC-100, TC-10011 LUMINAIRES P&VA Listed ,n OEA-10033A CC) IMENS 00NS � •! oapliate • • � I f_ q•aeeoa I !!• I . If ass • i • toU 0i4 r OPTIONS MIN. Pr(ce� OTY. GO.64A Lexan Panels -for TC-11OCA-70 and 6 (Adder 85.00 to 100W Lucaloa only price of AVt00R) Following options for all TC•100. TC•100R configurations Standard Color is black. Eight decor. alive Colon available ((3EA-93521 5 (34.00) t ^.0. ! 75 .r.:tt mercury Auto -Reg. in Other voltages not shown any (No Adder) 100. 150•watt LuCalos Regulator in other voltages not shown. any (No Adder) Pendant mounting. (not available With PE receptacle -contact factory) 5 (Adder $27.00) Omit P.E. receptacle any (Deduct s8.00 from equivalent listed unlp ACCESSORIES ' Price - Finial k,hgoldinodltedaluminum. sot of4) GO.9,4P reoulres held dralin of casting for mounting Cat No.35.961860.85 s 9.00 - Mansard Canopy f black color! I ASS plastic; r to be field assembled to Standard TC• 100. C' TC•t00R 103.00 -Cat. No. for units with P E. receptacle. 35-961660-Al -Cat. No for units without P E rocectacin I 35.9618C6O-A2 II iliLl 1•.� _. (PDATA lc7 175 IP hO.pner MerCuryl S-N-111 I1 35.175795 Ow ma ar a no,o• -to ro,.ae •e•ear,e•r.yr.•s�ar..i.lwr cw ORDERING INFORMATION Black 7 IES Net Col. No. Pelee Watt/ Ballad 01at. Wt. (Less lnmP) OO54A .Its Lamp Type Type Lbs. TC-100 ACRYLIC PANELS AND 120-VOLT P.E. RECEPTACLE, C721N278 $318.00 120 1SO-Watt fieactoriNPF) V 3t 290- 338.00 120 Lucatox• Regulator 34 C721N323 315.00 120 1GO-Weft Reactor~Fi 31 328 335.00 120 Lucaloa Regulator 34 C721NS00 3t2.00 120 70-Watt Reaclot INPF) 31 520 332.00 120 Lucaloa ( Regulator 33 C721N521 309.00 120 SO -Watt Reactor (NPF) 31 Lucaloa C721 N/57 • 278.00 120 175-Watt Auto -Reg L-S-IV 31 153 282.00 120 Mercury Lag INPF) 29 168 238.00 240 Ht75DX39-22 Reactor (NPF) 26 174 271i.00 120 Auto -Reg 31 V 176 282.00 120 Lag INPF) 29 178 238.00 240 Reactor (NPF) 26 6721N156 276.00 120 10o-Watt Auto -Reg. L-S-1V 28 152 260.00 120 Mercury Lag INPF) 27 161 236.00 240 H1000X38-4lReactor (NPF) 25 166 278.00 t20 Auto -Reg 28 V 188 260.00 120 I Lag (NP=) 27 170 1 236.00 t 240 Reactor INPF 25 TC-100 LEXAN PANELS AND 120-VOLT P.E. RECEPTACLE, C721N279 323.00 120 1GO-Watt Rea'tor(NPF) V 31 221� 343.00 120 Lucaloa Re ulator 34 C721N325 320.00 120 100-Watt eactor(NPF)I 31 332 340.00 120 Lucaloa Requluor 34 C721N502• 317.00 120 70-Watt Reactor INPF) 31 $17 337.00 120 1 Lucatos Regulator 33 C721N622 314.00 120 50-W2111 ReactotINPF) 31 Lucaloa C721N007 • 283.00 120 175-Watt Auto -Reg L-S-IV 31 003 267.00 120 Mercury Lag (NPF) 29 008 243.00 240 Ht75DX39-22 Reactor (NPF) 26 026 283.00 120 Auto -Reg. 31 V 025 267.00 120 Lag (NPF( 29 call 243.00 240 Reactor INPF1 26 0721 N008 002 28f.00 288.00 120 120 f 00-Watt Mercury Auto -Reg. Lag INPF) L-S-IV 28 27 001 241.00 240 HIGODX38.4 Reactor(NPF) 25 023 281.00 120 I Auto -Reg 28 V 019 285.00 120 J Lag (NPF) 27 020 241.00 240 IRPector fNPF) 25 TC-1COR ACRYLIC PANELS AND 120-VOLT P.E. RECEPTACLEr C721 N718 338.00 120 1 so -watt Reactor (NPF) M-S-111 33 Goo 358.00 120 Lucaloa Regulator 36 C721N703 33 go 120 1CO-Wa12 Reactor(NPF) 33 620 355.00 120 tueatos I Regulator 36 C721N715 332.00 120 70-Watt PeactorlNPF) 35 737 352.00 1 120 Liveliest Regulator 35 C72tN738 329.00 120 SO -Watt Reactor (NPF; 33 I Lucalox C721 N735 605 736 298.CO 282.00 258.00 120 I 120 240 C1,11750)(39.221Resctor!NPF, 175-Watt Auto•Reg. Mercury Lag INPF) S-N-111 33 31 28 C72fN732 298.00 120 100-Wa11 Auto -Reg 30 733 i 734 260.00 258.00 I t20 I 240 Mercury I Laq;NPF) HIOGDX38.4 Reactar~l, I 29 27 C NOTES Order P E. control separately (Soe page E9 I MOUNTING Shnhtter acr-ommodates 3 00 pole top (all configurations) Ell Prot Areas 1 6so tt (TC•100. IGORI Elf Pro! Area os 2 6 sq. ft (TC-100 Mansard. 10OR Mansard) RECOMMENDED POLES Suggested mounting height Is 10 feet. For 10 round tapered. anchor base poles. including anchor r bolts and belt circle templates. order catalog numbers below These poles will withstand winds up t0 at least 90 MPHI ;see wind map, page F3; Anchorage. weights Or Other dotalls are on page F2 Pole Cat. No. (10' Pole) Price G0• Pole Material C690HOIX $208.00 551 Aluminum C790H01x F365.00 552 Steel. Prime Painted I '3 • 1 � CITY OF KENAI ,•od eap4;1ai 4 41a"a„ 210FIDALG0 KENAI,ALASKA 99811 TELEPHON9283.75M MEMO TO: Kenai City Council FROM: Charles A. Brown, Finance Director C R Q DATE: March 27, 1985 Subject: Street Lights At the March 20, 1985 Council Meeting, the Council asked for some further information on street light utility costs. The City is charged for approximately 144 "yard lights" (which are more accurately described as small street lights) at a total monthly cost of about $1,700. These lights are charged out on a flat rate of about $12.00 per month. In addition, the City is charged for approximately 80 atreet tights on meters. The cost for these averages about $2,800 per month, or about $35.00 each. These costs may vary significantly from month -to -month. As I said last Council Meeting, I believe that street light utility costs next year will be $60,000. You can expect each new light to cost between $35.00 to $40.00 per month for electricity. If we use the $40.00 cost (which many lights cost), we get $480.00 per year. This is very close to the KWH cost identified in Keith Kornelis' letter in the last packet 99.00 per year). However, Keith's memo also identified a cost of $348.00 per year as a meter charge. This is a charge per meter, not per light. There may be virtually any number of lights on a meter. I Nis CA00 PAW ^VJrs+e1a PEr "'•� ' I called HEA, and was informed that they are taking an inventory of yard and street lights for the City. They also said an adjustment would be made for lights not operable, as discussed at last Council Meeting. OR AI �� • `I: SIX YEAH HISTORY % INGR. ` I UTILITY EXPENSES 0RIOINAL REOUFSTED 1980.81 I ACT UAL AlA tIAL AC1 UAL AC 1t1AL UUUGE I DUDBET 10 I 1980-81 1901-82 1982-83 1983-84 1934-05 1985-86 1985.86 SEN. FUND NON-DEP1. 2,600 13,390 14,096 19,5)8 21,000 24,000 823.08% ' FT. KENAY 0 0 1,637 3,099 3,640 3,400 N/A I POLICE (INCL. JAIL) 10,9t,2 11,3Ei3 11,757 13,6G4 11,010 12,At;0 13.68% �I FIRE 9,346 9,933 10,784 12,631 15,3t'i0 17,100 82.93% •I SHOP 6,196 13,669 16,068 17,304 20,000 20,000 222.79% PIREETS 0 0 1,389 1,703 2,000 2,000 N/A I NO =--s22, 931 31,828 39,565 46,649 46,000 60,000 161. 65 F^^r� •�')oCBjBkLt_L-IGHT LIBRARY 4,329 5,332 5,571 6,277 6,500 15,626 260.96% i RECREATION 724 8,929 12,098 21,702 22,000 22,000 2,930.67% PARKS 262 288 589 1,315 1,800 1,800 507.02% I ... TOTAL SEN.-FUND .- 57,342 94,751 113,554 145,858 149,300 178,376 211.07% �.i WATER 26,282 32,073 43,358 50,921 48,000 50,000 90.1?4% SEWER 1,523 3,202 5,071 4,929 6,000 6,000 293.96% SEWER TREATMENT 14,564 46,368 79,075 71,871 70,000 70,000 380.64% TOTAL W&8 42,369. 81,643 127,504 127,721 124,000 126,000 197.39% 1 it AIRPORT (TERMINAL & M&O) 35,661 31,759 41,873 52,899 65,000 62,000 73.86% '•II GRAND TOTAL 135,372 208,153 202,931 326,478 338,300 366,376 170.64% NOTEs EXCLUDES SENIOR CITIZENS It .. I.) In '. { I f ; :i i 0 q ..dam IV f V (/ CITY OF KENAI " Od Cap" of 4i"a" 210 FIDALOO KENAI, ALASKA N611 TELEPHONE283.7835 June 27, 1985 TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Director of Public Works RE: Future Possible City Expenses Not Budgeted Please find attached a list of projects that I have complied from Public Works needs and requests from the public and City Council. This list is by no means all inclusive, and I might have missed some projects. The figures below are only rough estimates, and they are in no particular order. Asphalt Repairs - seal coat/patch/chips $200,000 Old Town Old Mommsen Wildwood Drive Woodland Concrete Curb, Gutter, & Sidewalk Repairs 40,000 Fire Hydrant next to Property World 20,000 Cohoe and Coral - (Airport?) 350,000 Expand Airport Vehicle Parking 100,000 Animal Control Addition - Continue 17,000 Mommsen Water System 300,000 Underground Pump House 30,000 Well House - New 600,000 Update of Water & Sewer Master "As -Built" Plan 30,000 Cemetery - Move Fence 10,000 Metal Detector 1,000 U-Slade for 966 9,000 Loader Mounted Snow Blower 85,000 J STREET LIGHTS Woodland, Redoubt, Inlet View - New Fixtures 309000 New Locations - Capital 60,000 New Locations - Annual 0 h M 40,000 Clean Water Lines, Flow -Line Service (2 days and materials) 5,000 GOLF COURSE Road to Club House (gravel) 151,000 Swires to Golf Course (gravel road, w, do 9) 1,065,000 HAS Project 50,000 MAP Project 1,227,000 As was mentioned at the last Council Meeting, the City's sand pit at the end of Linwood and Candlelight has saved the City a considerable amount of money. Attached is another copy of a rough analysis of one year's savings which amounts to approximately $250,000. The amount of savings fluctuates every year but one could estimate that we have saved approximately $2 million over the last eight years in using this pit instead of having to purchase sand for our winter ice maintenance and summer road construction and maintenance. I have not contacted Mr. Dick Morgan to go over the possibility of using an area on the east side of Candlelight for our future pit. I am hoping that we can get together and set up an area that we can clear and strip and start using the sand for projects and sanding. There is no reason why we cannot properly extract the sand and renovate the area to provide large rolling grass hills, level areas or small ponds, etc. that might be desirable for a future golf course. KK/jet CITY SAND PIT - LINWOOD STREET Present Comm.i.ttments Potential Savings (Es m a e Alisk, Swires, Highbush, Bumblebee Potential waste site & Type III Borrow $ 10-20,000 ✓ Standard Drive do Thompson Place Type III Borrow 11,000 CY B $2.50 $ 27,500 Potential Waste Site ? City Winter Sand Per winter 3,000 CY 0 $6.00/CY delivered $ 18,000/year Waste Site for City Maintenance h Projects (Cemetery clearing, Animal Control Bldg. excavation) 7 Potential Projects - This Summer E. Aliak, McCollum, Princess, Cinderella Magic, etc. Type III Borrow - 25-30,000 CY Q $3.00 $ 40,000 Waste 40-50,000 CY 0 $1.00 50,000 Golf Course Water do Sewer Project Type III Waste $ 20,000 Estimated Savings This Year $225,500 CITY OF KENA1 210 FIDALOO KENAI. ALASKA 588/1 TELEPHONE 283. 7835 January 24, 1985 Ms. Sana Efird Office of Management and Budget State of Alaska Pouch AM Juneau, Alaska 99811 REs Kenai Community Center Dear Ms. Efirds The City of Kenai has listed the Kenai Community Center as its number one priority in its 1985-86 Capital Improvement Projects Request for State Grants. Please find encloseds 1. Book entitled "City of Kenai 1985-86 Capital Improvement Projects Requests for State Grants" and 5 copies of our brochure. 2. Report entitled "Kenai Community Center Committee". 3. Report entitled "Kenai Community Center Summary of Estimated Annual Revenue and Expenditures". 4. Full set of construction plans (see Page A3 for floor plans). The City of Kenai is very excited about the future Kenai Community Center. The City has requested $3,500,000 from the State of Alaska for the construction of the community center. We have spent $186,000 for the architectural design of the buildinq. The City has also agreed to fund the purchase of the 5 acres of land for the center which in estimated at $207,000. Therefore the City is porticipatinq in 10.10 of the total coat of the project. We have determined that the Center will not pay for itself. Our estimates indicate that the Center will cost $138.625 more than the revenues it will take in. The City of Kenai is willinq and a J I able to subsidize the center. The Mnyor and Counell of the City i of Kenai have pledged their arfirmative vote for the maintenance and operational coat of the! center. The City pledgee not to request additional (undo for construction nor any future operating funds. I i Sincerely, I I Wm. J. Bright City Manager I , WJS/dg Enclosures I • I fl i 1 EA �r s Id 1 y I Y ' 1 i• i t � t ' 1 r.. Y i I 1 1 1 i I KENAI COMMUNITY CENTER COMMITTEE Mahar Tom Wagoner appointed a Kenai Community Center Committee on November 30, 1983. Those appointed to the committee were: Ron Malaton, Chairman Louisa Miller Connie Keevil Tom Murphy Penny Dyer Jim Carter Jim Evenson Leroy Heinrich Lon Hals Councilwoman Sally Bailie, ad hoc The committee has held public hearings on the following dates: February 29, 1984 March 14, 1984 April 12, 1984 May 1, 1984 May 17, 1984 June 4, 1984 July 10, 1984 August 6, 1984 August 27, 1984 September 19, 1984 September 24, 1984 January 8, 1985 The committee has successfully followed a logical procedure in accomplishing the following tasks: 1. Selected a Site: The committee and City Council has dosignated a 5 acre site near the Senior Center overlooking the Kenai River and Cook Inlet. 2. Determine the type of facility and what different functions the center would provides It was determined that the center would be a multi -purpose facility with no special interest groups. Below is a chart of group types and different facilities needed in the proposed Community Center. COMMUNITY CONVENTION CULTURAL Receptiona Banquets - Max 500 Lobby Banquets - 500 Max Meeting Rooms/storage Kitchen Meeting rms/storage Multi -purposes space Museum/Secured Multi -purpose space Lobby Gallery/Secured Lobby Kitchen Portable Staqe/ Kitchen Portable Stage/Lightinq Lighting Portable. Stage/ Lighting r J 1 `. K I MANAGERIAL INCOME PRODUCING Office Concessions Storage Cloak Rooms Maintenance Shop Vending Machines Loading Platform Cloak Rooms Toilets Ticket Office Pay Phones Mechanics Room 3. Study user groups and determine the number of people needed to accommodate. 4. Study the plans of other community centers and visit and analyze in depth the following centers: Centennial Building - Sitka Egan Center - Anchorage Valdez Convention Center - Valdez Centennial Hall - Juneau 5. In depth study of operating a community center: The committee discussed in depth: Operating costs - revenue vs. expenditures Justification and exploration of uses Lists of prospective users - local,•state, nationwide City use, commercial use, non-profit organizations Repair and maintenance costs - upkeep Types of services provided Rates and payments -- Reservation and deposit methods Kitchen and catering operations Rules and regulations Days and hours of operation Janitorial - cleaning and setup & take down services Concession services Legal requirements and contractual agreements with users Advertising, promoting and notices Records and audits Bonds and insurance y` I Permits, licenses and taxes 6. Outline what is wanted with architect and commission architect for schematic design of center. 7. Review and approve schematic design and commissioned Carmen Gintoli in association with William Kluge to design center. S. Review preliminary plans with architect including a dividable great hall, 3 dividable to 6 meeting rooms, a main -J -' and three smaller gallery areas, storage areas, restrooms, warm-up dressing room, manager's area, landscaping, parking, KENAI COMMUNITY CENTER SUMMARY OF ESTIMATED ANNUAL REVENUE 6 EXPENDITURES ESTIMATED ANNUAL REVENUE (INCOME) Meeting room rentals $ 22,500 Groat hall rental 11,000 Misc. rental, concessions, cloak room, vendors 6,250 Subtotal $ 39,750 *Additional sales tax est. $ 77,625 Total estimated annual revenue $117J7.3755 ESTIMATED ANNUAL EXPENDITURE (EXPENSE) Salaries and benefits (Manager, secretary, 2-1/2) $179,000 Utilities: Electrical 18,000 Gas 6,000 Refuse 500 Water and Sewer 500 Telephon Janitorial t Transportatio Promotion Supplies 6 Mi is i F , r i 1 r� f e 2,000 20,000 n 5,000 5,000 sc. 20,000 2 6 non *Total Revenue $117,375 Total Expenditure $256,000 *Difference $-138,625 *NOTE: Per City ordinance, sales tax is recorded in General Fund Revenue and therefore will not he directly identified with the Community Center. type of construction and exterior design, interior decorating, a warming kitchen facility, dance floor platform, furniture, etc. 9. Setting up criteria for a planned development of City land adjacent to the center to enhance and be compatible with the center. I I i I, real estate resources, inc. I G� .9a to July 10 1985 The Honorable Mayor Tom Wagoner City Of Kenai 210 Fidalgo i Kenai, AK 99611 RE: Lease - Tracts B-i do B-2 C11AP Sub. #4. Dear Tom: 'By now the City of Kenai should have Fred Meyer Real Estate Properties, Ltd., executed Land Lease documents in hand on the above captioned properties. � Please advise me of all pending ng actions and progress so as we tail proceed in � � .•' the ultimate construction of phase 1 a Fred Meyer One4to Shopping P . Y P Center. , Should you or the City of Kenai, have any further questions, please feel free ' to can me. Y Yoe, Steve Turlis cet Stephen Gale STsdo Tae,(206)272.9353 - Sea.(206)6763339 Suitt+ 146 - Old City Hall - 626 CUMUM a Street - P.O. Boz 1376 - 7l,eoma, WA 98M r •aurae .._ . .. .. _ .. ' KO Owl v ' � l � nit � •• ��� >�r l Oe- C- -S�� - 0 b �' -8 s 1 0 r.� J _. � \ � � /' �•� /l i ,Qom-r-t � 1 4 - 19 j Ci �ir , � � , r� �,�t•s y 1 ,i • n---:5 ko S'z5 - 0—� -? -✓ 8 --� low CD oe e-( P � -�Im 4000 a I . .:I . 0 o t Ir v �A/,��r :� � �,, p��'�. r��/J way �„ ��� ��►,P� dV 1 tJ r7 i " 'ANA- 11 16- 14 04 V,9 Lo� lie tAj oil PJVNA t4l al--oe- I /O /J ,�.�. 01,9 itj Ae -Z- ---Y �)AY cal I ti I _71Tis �- O-L -tAzv-e, a I 0 a_: FM ,it, 7114,x," Q \AP 46L- '�p , -,� �! --� 90 Ptj- CIA- /() f i c " I "k),4.L- _-� Dom._ ii —rx OL���s-; 3 D low/ ffl/ a- -- to r r z - ---, I �a �p r7 7 -71� If 4�? �:� 417 C C., -- Q,d_ C., ir- 1 C,1� eVAA— �a / ' � 1 r, a . I (EO>1 `109 G a� l ZA,,V-Q- 7XI i i I t J C.1� l./�' � �t.iM vV�✓ 1 � � n Tj ti CA Ao/j aL41 (EO) —61& fW r r., /<,' , �--,2� 1 cl.—I �kTr AI H 'I 610 Q2 e x' IVA El LA--' w 1 i 1 C9 Cam. s - - L,�y ty � 1 l r -Y-"^. --Li L ° fin'- ��� ...��"�A z� R e-I tolA P-2 CITY OF KENAI DATE: 1j 7 THE MICROPHOTOGRAPHIC IMAGES APPEARING [A -. � IN THISS ROLL OF MICROFILM Db-rtN OF ROLL NOW ,22 6anc/l � /�n G WITH f t�2e-� -Qom' a-Irs, RECORD FILE•NO: ARE ACCURATE REPRODUCTIONS OF THE RECORDS OF THE CITY OF KENAI. DEPT: I, the undersigned, Janet Whelan, City Clerk of the City of Kenai, AK, a municipal corporation, in the performance of the functions of my off- ice, hereby certify that the original camera negative microfilm images contained on this roll up to the and target, are direct and facsimile reproductions of the original documents. All documents were filmed com- plete in their entirety. I certify to the above to thybbes of my knowledge and belief. CERTIFIED BY: DATEs�7/��$G net Whelan, City Clerk I J i tiu i f n N sAO c2&v-ol vo % V �� a r l Ni u/t!7 r 17 a- I d7 c✓.Z �a"'�� i Im r - i r , 00 � L �Z-19 -z- � � _ ✓s c.6-vw-' c,�� �2� ''w` 71^J lg�� r `r _ _ _,_- Vim. r _ _ . A • 5� i` 1 ea. Compression Unit 1 ea. Aluminum Light Pole and Fixture 6 ea. Nitrogen Bottles 1 ea. Large Electric not Water Heater Miscellaneous Seals Sewer Lift Station Section 1 ea. 120 gallon Hot Water Heater 1 ea. Exhaust Fan - Complete 1 ea. FLINK, self feeding sander 1 ea. Lawn Chief, 3.5 HP Mower 1 as. Brinley Disc 1 ea. Gandy Seeder 1 ea. Water Tank, Approximately 10,000 gallons 1 ea. Water Tank, Approximately 3,800 gallons Miscellaneous Brake Pads 1 ea. Roll Bar Guard Rails and Posts 1 ea. Transformer Vehicles 1982 Chevrolet Sedan, Serial No. 2G1AL69LIC1169683 i5 }' 1980 Chevrolet Sedan, Serial No. IL69LA3226979 (; r i 1977 Chevrolet Malibu Sedan, Serial No. 1T19L9Z449054 1981 Chevrolet Sedan, Serial No. 1G1AL69L56J240985 1980 1 Ton Dodge Van, Serial No. 836KTAX127776 1975 1/2 Ton Chevrolet Pickup, Serial No. CCV145Z105163 s GMC 2 1/2 Ton Truck with 50K Generator, Serial No. 514174AZlO r 1977 Dodge Aspen Sedan, Serial No. NK41OF288457 " i r- �l q, 1 4 --tv CCU . 1 ;- 7 � -{may � f�� Illl v � i R — C� r Q.n -- al M U-� m �-9 lam- �-��� 44, ml- ; Y, ;'Y' - � '-' 14 lb J21'ej ,moo � � w4op� W2-1 'FA%.a - ;,I � - 00, r I f l -5 t c 14 �yg x 14 dui 0 t M. (2P I 0�1 I ` k 0007 �— c 74. 4!2