Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1985-10-02 Council Packet
. ■. COUNCIL PACKETS 19850 OCTOBER i`- 1 • J j Kenai City Council Meeting Packet October 2, 1985 AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 2, 1985, 7 00 PM j 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 unloss 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 - 10 minutes per person) 1. Bob Nath, Pizza Hut 2. Atty. Ted Carson, Joe Langston - Taxi Ordinance 3. Carolyn Osborne - Capital Improvement Projects 4. Dean Otteson - Lilac St. Paving 5. Ed Call - Fence, Cook Inlet View Drive, Lilac St. 6. Mr. or Mrs. Grimes - Paving Lilac, Cook Inlet View Dr. 7. Bobbie Wiggins - Kenai Coop Pre -School Moving to Ft. Kenay S. Don Moore - Water & Sewer, Randy Lane j 49.--$uka_-eering - Self -Help Program for P-eninsula. 10, Walt Church, Eddie Turner - Extension of Time, Bowling Alley C. PUBLIC HEARINGS 1. Ord. 1088-85 - Incress. Rev/Appns - State Grants, Library - $20,000 2. Ord. 1089-85 - Amending Zoning Map - Inlet View 3. Res. 85-72 - Commending Kenai Vietnam Veto - Vets Memorial in Kenai (Reconsideration do Amendment) j 4. Res. 85-86 - Repealing Res. 85-69 and Accepting State Grant for Road Improvements - $2,300,000 5. Res. 85-94 - Expressing Dissatisfaction with Kenai j Borough Handling of Waste Materials (Tabled to Oct. 2) a. Res. 85-95 - Expressing Concern with Kenai Borough `I Handling of Waste Materials r- 6. Res. 85-96 - Urging State, Federal Govt. and Cook Inlet l Region Inc. Not to Pursue Higher Royalty Gas Payments D. MINUTES 1. *Regular Meeting, Sept. 1985 I ! I J t CORRESPONDENCE 1. Alaska DEC - Disposal of Drilling Mud 2. 'City/Borough of Juneau - Mayor not Seeking Re-election 3. The Alliance - Informational Letter 4. Kenai Borough Assembly Pres. Dimmick - State Priority List F. OLD BUSINESS 1. Airport Terminal Lease Insurance G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ord. 1090-85 - Amending KMC - Allowing Clerk to Certify Assessment Rolls without Recording 4. Change Order #1 - Zubeck Inc. - Sprucewood Glenn S/D LID - $4,300 5. Change Order #1 - Landmark Commercial Contractors - Library Addtn. - $3,280 6. Change Order #2 - Zubeck Inc. - M.A.P. Project - ($55,319.60) 7. Change Order #2 - Construction Unlimited - E. Aliak, N. Highbush, S. Highbush, Bumblebee, Swires $17 , 046.42 S. Lease - Alaska Rent-A-Car (Avis) 9. Discussion - Assessment District - Govt. Lots 45-46 10. 1985-86 - Capital Improvement Projects " H. i REPORTS 0,1 -1 .U,,, A 1 L A o+�'-� 1-3-q 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning 6 Zoning 7. Harbor Commission S. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - 5 minutes per person) ADJOURNMENT G r � r' �oJ COUNCIL MEETING OF 0 — ;t OCTOBER 2, 1985 INFORMATION ITEMS 1 - Manual - Abatement of Dangerous Buildings 2 - Municipal League Policy Statement, 1986 3 - Municipal League Bulletin - Nominations 4 - Municipal League Newsletter - Sept. 1985 5 - ABC Notice of Denial, Merit Inn Package Store License 6 - Walter Them - Resignation, Beautification/Landscaping Committees 7 - Memo, Clerk - City Flag 8 - AK Public Safety - Trooper Service in Municipalities 9 - Kenai River Special Management Newsletter - Sept. 1985 10 - Day Care Assistance Report, Sept. 12, 1985 11 - Fairbanks Borough - E&O Requirements on Borough Construction Projects 12 - Beautification Committee Minutes, Sept. 249 1985 13 - Billing - Doyle Const. - Inlet Woods S/D - $2449750.31 14 - Billing - Architect C. Gintoli - Library Addition - $81 , 708.30 15 - Billing - McLane & Assoc. - M.A.P. Project - $18,276.00 16 - Billing - Wince, Corthell, Bryson - Inlet Woods S/D - $349860.83 17 - Billing - M. Tourisinen, PE - Main Apron Extension - $249170.00 18 - Billing - OceanTech - Juliussen,Basin View,Ames,Barabara - $1,750.00 19 - Billinc� - OceanTech - Baron Park Water & Sewer - $49200.00 (Final) 20 - Billing - Zubeck, Inc. - M.A.P. Project - $90,385.85 21 - Agreement, Reconveyance - City/R. Luebke - Govt. Lot 50 22 - Walters & Olson Insurance - Lowering of Insurance Liability Requirements 23 - Wm, Nelson & Assoc. - Status Report, H.A.S. Project 24 - Billing - Central Alaska Const. - Standard Dr.,Thompson Pl.- $49 , 357.70 25 - Billing - Construction Unlimited - E. Alisk, N. Highbush, Swires, S. Highbush, Bumblebee - $999242.90 26 - Billing - Comanche Corp. - Main St. Loop, Lake, Marine, Granite Pt., F.B.O. - $69,315.93 27 - Comm. Application - Dave Brown 28 - Bob Nath - Replatt Aleyeska S/D 29 - Artus & Choquette, Attys - Prosser Const. Co. vs Kenai 30 - "Welcome to Kenai" Sign Report jw 3 6 � f l� i 7, t: s r4 - r 1 F � Ir n•I I , � , � • w r w • r'� • � 00 l L ♦ �. • e INFORMATION FOR CITY OF KENAI COUNCIL MEMBERS CONCERNING THE RELOCATION OF THE KENAI COOPERATIVE PRESCHOOL TO FORT KENAY ` . I � I I I Kenai Child Development Center, Inc. Kenai Cooperative Preschool The Kenai Child Development Center, Inc., doing business as the Kenai Cooperative Preschool, was formed on 10-1-74 by City of Kenai residents for the pre -elementary education of our 3 and 4 year old children. We are a tax-exempt, non-profit organization. Our sole income is derived from the tuition of students. We receive no monies from State or Federal Agencies. We have a morning session (9s00 am - 1100 am) and an afternoon session (1200 pm - 3s00 pm) on Monday, Wednesday and Friday. The school is in operation from approximately September 10 through May 15. We observe all holidays that the public school system does. We employ a total of 4 teachers (2 per session). Two parent volunteers assist the teachers as aides each day. There are 28 volunteer parents that alternate days on which they assist. There are 11 non -volunteering parents (ones which cannot volunteer usually because they work outside the home). We enroll 40 students per school year. 1 i 1 A Reasons for Relocations Kenai Child Development Center, Inc., doing business as Kenai Cooperative Preschool is currently occupying the basement of the Church of the New Covenant and has been for the past 11 years. Kenai Cooperative Preschool and the Church of the New Covenant have not had a lease agreement in the past. Due to a need of security from both parties a lease was drawn up this year. The rent we were paying was 11% of our tuition which was approximately $220.00. The Church of the New Covenant which drew up the lease agreement is now requiring a $500.00 set amount for rent. As you can see from our budget we cannot afford this. We do not feel we will be able to negotiate a rent fee that will satisfy both parties. The building also does not totally conform to the Department of Environmental Conservation requirements. Efforts by the Kenai Cooperative Preschool to conform to these violations have been discouraged by the Church, even though we would absorb the cost. We do not understand the reasons for the more than double rent increase. We feel we are not going to be able to negotiate an acceptable agreement with the Church of the New Covenant, thsrefore, we are seeking a new location. `.J In an effort to relocate the preschool, all churches in the area were contacted. Due to their By•Laws or other reasons they were not able to secomodate us. We cannot afford a commercial establishment. After meeting with the City Manager, Bill Brighton, we feel Port Kensy would be a perfect place for us to be, providing the City does not charge us more rent than we are currently paying (11% of our tuition). We would hate to see the Kenai Cooperative Preschool close after 11 years of operation, but we are running out of options. We hope the City of Kenai will see our need and respond favorably by ♦llowing us to use Port Kenay as our preschool. 1 }J m 1 KENAI CHILD DEVELOPMENT CENTER, INC. KENAI COOPERATIVE PRESCHOOL PROPOSED 85-86 BUDGET EXPENSES RENT 272.80 PHONE 40.00 BOOKKEEPING 70.00 SALARIES 1755.00 SUBS. 44.50 SUPPLIES 150.00 MISC.50.00 TAXES 123.72 TAXESs EMPLOYEE MATCHES FROM SALARY THE SAME AMOUNT SHOWN. KCP ONLY HAS TO BUDGET FOR 1/2 AS THAT IS ALL WE HAVE TO PAY. TOTAL 2455.22 INCOME 10 N/V 0 80/MO 800.00 (Two teachers have children as 28 V 0 60/M0 1680.00 students and their tuition is free) TOTAL 2480.00 INCOME 2480.00 EXPENSES 2453.22 SURPLUS 24.78 INSURANCE FEE 570.00 INSURANCE COST 450.00 SURPLUS 120.00 WE CANNOT PAY ANY HIGHER RENT THAN WE CURRENTLY DO N/V - PARENTS WHO DO NOT VOLUNTEER AS TEACHER AIDES. V - PARENTS WHO DO VOLUNTEER AS TEACHER AIDES. Ji n V I Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1088-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1985-86 GENERAL FUND BUDGET BY $20,000 AS A RESULT OF TWO GRANTS FROM THE STATE OF ALASKA FOR THE LIBRARY. WHEREAS, the State of Alaska has awarded the City of Kenai a Public Library Assistance Grant in the amount of $5,0OO for purchasing books; and, WHEREAS, the State of Alaska has awarded the City of Kenai an Area Center Grant in the amount of $15,000 for personnel and benefits. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenues and appropriations be mades General Fund —'crease Estimated Revenuess Library Grants $20,000 Increase Appropriations: Library - Salaries $11,407 " - Worker's Compensation Insurance 107 " - Health 792 " - PERS 1,276 " - Annual Leave 1,064 " - Supplemental Retirement 229 " - Unemployment 125 " - Books 5 000 120.000 1 i� t ' I Tl 1 1 1 1 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second rot day of October, 1985. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Readings September 18, 1985 Second Readings October 2, 1985 Effective Dates October 2, 1985 Approved by Finances L 9/11/85 2 1 J J,� 1 � 9 I I I , ' } • - _ :i.:I-:., a ' :.`.:,.�1.:.ti-. n... mar . .� � _ ' _ .:,,�,M.,,,1 I f Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 1089-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING CERTAIN LANDS WITHIN THE INLET VIEW AREA TO SUBURBAN RESIDENTIAL TWO (RS-2) DISTRICT. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, the rezoning petition has been received from Tom Thompson, bearing signatures of a majority of the property owners within the designated Inlet View area to rezone the referenced lands (per Exhibit A) from Suburban Residential and Rural Residential (RR) Districts to Suburban Residential Two (RS-2) District, and WHEREAS,'the Kenai Advisory Planning 8 Zoning Commission has conducted the required public hearing on September 11, 1985, and WHEREAS, the Commission amended and recommended approval of the rezoning petition in accordance with Resolution PZ85-70. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: Subject propert;y consisting of those lands depicted in Exhibit "A" are hereby rezoned to Suburban Residential Two (RS-2) District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of October .0 1985. I TOM WAGONER, MAYOR ATTEST: (' Janet Whelan, City Clerk — -` First Reading: September 18, 1985 is !! Second Reading: October 2, 1985' Effective Dates November 2, 1985 jal - I I I r t r' 1 f' %3 i R I 9 a . I EXHIB1,t "A" 1116 y / �,{� Jry,� 4% qs t RS Z::. iwr 4r I Pact, 408 CG 0 li rR sy A TR 8 KENAI SPUR let-, RS 'RU ME Shaded area pro osed for rezoning to RS-1 R . I Ic u s AUTUMN o. SUN. Lr- = • CITY OF KENAI eap" ov 4"„ 210 FIDALOO KENAI, ALASKA 98811 TELEPH0NE 283 . M6 MEMORANDUM TO: Mayor Wagoner and City Council FROM: Janet Loper, Planning Secretary SUBJECTs Ordinance 1089-85s Rezone Inlet View S/D and Adjacent Property from RS to RS-2 DATE: September 25, 1985 BACKGROUND Applicants Petition signed by a majority of the property owners in the area to be rezoned (KMC 14.20.270 b-l-iii) Legal Descriptions Reference zoning map for boundary Existing Zonings Suburban Residential (RS) Rural Residential (RR) ,j Proposed Zonings Suburban Residential Two (RS-2) l Existing Land Use Plans Medium Density Residential DISCUSSION: The Kenai Advisory Planning & Zoning Commission has received a petition signed by a majority of the property owners within the Inlet View Subdivision area to rezone certain lands to RS-2. This petition is one of - several valid methods which can be used to initiate as, amendment to the Official Zoning Map as provided in the Kenai Zoning Code. i i 'I }I } r i. f S Y 1 a k, :1 a � .f I 11-. .. ..... r:r._n ORD 1089-851 Rezone Inlet View S/D Page 2 The attached map defines the area to be rezoned. There are 50 parcels within the area, involving 45 different owners. The rezoning petition was signed by 30 individual property owners exceeding the required 51% of property owners required. All property involved is either currently served by City water & sewer or are adjacent to services and therefore eligible for hookup. A large portion of the area under consideration is owned by the Borough and is not developed, however, appears to be under use by the high school and because of its desirable location has a potential for development. Certified letters announcing the Planning Commission and Council public hearing have been sent to all record property owners within the petition area. This rezoning petition involves a major district boundary and therefore no property owners beyond the requested area were notified individually. (KMC 14.20.290-c) STAFF COMMENTS The Planning Commission held a public hearing on the petition on September llth. As a result of that hearing, the Commission changed the original petition from RS-1 to RS-2. The major distinction between the two zone classifications is lot sizes RS-1 a 12,500 sq. ft RS-2 : 7,200 sq. ft. Both zoning districts allow up to a duplex. The petitioners at the hearing agreed to the change from RS-1 to RS-2 by a show of hands. The Council has three alternatives in considering this rezoning petitions 1) Approval of the RS-2 zoning for the entirety of the petitioned area; 2) Modification of the rezoning boundary as submitted; 3) Rejection of the RS-2 zoning proposal. jal i h" i J l-r f I !' rr 1 f nlIKwuMcn T e) a� �1 N V 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 VIETNAM VETERANS FOR THEIR EFFORTS IN OBTAINING AND DISPLAYING THE ONE-HALF SCALE MODEL VIETNAM VETERAN'S MEMORIAL IN THE CITY OF KENAI. WHEREAS, the Kenai 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 of the Kenai Vietnam Veterans, and the Kenai Vet Center be commended for their efforts. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this second day of October, 1985. ATTEST: anet Whelan, City Clerk 9/25/85 Tom Wagoner, Mayor ,: I 1 1 Y � f c f.7 , N I J ' J 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 commended for their efforts. PASSED BY THE COUNCIL OF THE CITY OF KENAI,'ALASKA this third day of July, 1985. Tom Wagoner, ayor 'I ATTEST: Carol L�, Deputy City Clerk ^t r) i I Tj I t.. 17 cv . w Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-86 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING RESOLUTION NO. 85-69, AND ACCEPTING GRANT NO. 8/86-306 IN THE AMOUNT OF $2p30G,000 FOR ROAD IMPROVEMENTS. 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, WHEREAS, the council, by Resolution No. 85-69, had designated that the City would use this money toward construction of a community center; and, WHEREAS, the State of Alaska has rejected that use of the monies, and is requiring that the City use the money toward road and road -related projects. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1s Resolution No. 85-69 be repealed. Section 2s The City accept the State of Alaska Grant No. 8 8 - 0 in the amount of $2,300,000, and that the money be designated toward road and road related improvements. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this second day of October, 1985. ATTEST: Janet Whelan, City Clerk Approved by Finances 9/27/85 Tom Wagoner, Mayor i I � 1 - J r i 1 I i i STANDARD AGREEMENT FORM FOR MUNICIPAL GRANTS This agreement is executed between the State of Alaska, Department of Administration (hereinafter called the "State"), and 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 X upon completion of the project; Whereas, the grant ll8 86-306-306 of $2 300 000 is for the purpose of Roads and Pro ects (please provide fur ei�i "r planation and details in the space provided); This grant is for road improvements for existing traveled transportation routes throughout the City and for new roads to open up new commercial, residential, and industrial zoned areas. Improvements could include, but are not limited to, water, sewer, street lighting, sidewalks, storm drainage, curbs and gutters, seeding, traffic control markings, signing, paving, parking areas, and other miscellaneous items. The general area for Improvements would be within the City limits of the City of Kenai. Page 1 of 4 2/IF3/0626-01/193 Shell: 0626-01b Setup: 0626-018 w IV i Suggested bys Administration CITY OF KENAI RESOLUTION NO. 85-69 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING GRANT NO. 8/86-306 IN THE AMOUNT OF $2,300,000 FROM THE STATE OF ALASKA FOR CONSTRUCTION OF A COMMUNITY CENTER. 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 WHEREAS, the City Council deeirco to spend the grant monies toward construction of a community center; and WHEREAS, the City estimates that the total cost of the Community Center project will be $4,045,000, as follows: Task Phase Cost Basic Building/furnishings Inspection 1 $29835,000 East Site Work 2 600,000 West Site Work 2 500,000 West Road to Site 2 110.000 TOTAL S�Q00 WHEREAS, the City desires to begin construction of the Basic Building, with furnishings and inspection, at this time at an estimated cost of $2,835,0001 and WHEREAS, the City intends to request the balance of the project (Phase Two) from the State of Alaska next year. NOW, THEREFORE, BE I1 RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, 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 1 — r �, ---- — -- .o i PASSED BY THE COUNCIL OF THE CITY OF KENA1, ALASKA this 3rd day of July, 1905. Tom Wagoner, or ATTEST: Carol L. Freas, Deputy City Clerk Approved by Finances —e:24. r.� _J Suggested by: Councilman John Wise CITY OF KENAI RESOLUTION NO. 85-94 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, EXPRESSING DISSATISFACTION WITH THE KENAI PENINSULA BOROUGH'S HANDLING OF WASTE MATERIALS. WHEREAS, the Kenai Peninsula Borough Administration, without the + authorization of the State of Alaska's Department of Environmental Conservation or Environmental Protection Agency, has disposed of oily waste materials in the Borough Dump located within the City of Kenai; and, WHEREAS, such an act is clearly in violation of the spirit and the letter of the law; and, WHEREAS, the Kenai Peninsula Borough Administration has been less than forthright in its presentations as to its incineration project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT the City of Kenai finds the Kenai Peninsula Borough Administration non -responsive to the proper handling of waste materials and therefore has no confidence in the Kenai Peninsula Borough Administration's willingness or ability to handle waste materials. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this second day of October, 1985. B a ATTEST: anet Whelan, City Clerk 9/27/85 am wagoner, Mayor I 9 1 aF . Suggested by: City Council CITY OF KENAI RESOLUTION NO. 85-95 ' A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, EXPRESSING SERIOUS CONCERN WITH THE KENAI PENINSULA BOROUGH'S HANDLING OF WASTE MATERIALS. WHEREAS, the Kenai Peninsula Borough has the power for the entire Kenai Peninsula for the disposal of solid waste, and WHEREAS, the disposal of solid waste is a controversial issue in relation to the areas where the sites are located and the type of material that can be disposed of in said locations, and, WHEREAS, all of the cities on the Kenai Peninsula in addition to the Corps of Engineers, the Department of Environmental Conservation and the Environmental Protection Agency all are involved in the process of solid waste disposal, and WHEREAS, rumors have been rampant on the street which add to r. confusion and controversy over the disposing of solid waste, and WHEREAS, it is of vital importance to the Borough, cities i involved, the people they represent, and State and Federal agencies that there must be established a free and open line of communication with all involved for the purpose of communicating ' factual and logical information. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that it is necessary for the health, welfare and safety of all citizens residing within the Kenai Peninsula Borough, that an exchange of information must become an on -going process among all City, Borough, State and Federal agencies involved in the disposal of waste in the Kenai Peninsula Borough. 1 PASSED BY Tki: COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day i of October, 1985. ATTESTS Janet Whelan, C ty C erk i Tom Wagoner, Mayor ,. Suggested bys City Council CITY OF KENAI RESOLUTION NO. 85-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, URGING THE STATE OF ALASKA, THE FEDERAL GOVERNMENT, AND COOK INLET REGION, INC. NOT TO PURSUE HIGHER ROYALTY GAS PAYMENTS FOR GAS ALREADY CONSUMED BY THE USERS AS NOT IN THE BEST INTERESTS OF THE STATE OR THE PUBLIC. WHEREAS, Union Oil is the lessee of gas field rights in the Kenai gas field, and WHEREAS, the Lessors on these leases are the State of Alaska, the Federal government and Cook Inlet Region, Inc., and WHEREAS, these Lessors have made demands for increased royalty payments from Union Oil and the U. S. Department of the Interior has initially ruled that increased royalty payments are due, and WHEREAS, the demands are based in general upon market prices at the time of production, and in some cases these demanded prices on which royalties would be based exceed the price received by Union Oil under its contract for supply of gas, and WHEREAS, the imposition of these higher royalty payments would severely negatively impact the economy of the Kenai Peninsula Borough and south central Alaska due to the increase of cost in the operation of the fertilizer plant owned by Union Oil located in the Nikiski area of the Kenai Peninsula Borough and would effect higher natural gas prices for a vast majority of the population in south central Alaska including the Kenai Peninsula, Anchorage, and the Matanuska-Susitne Borough, and WHEREAS, ENSTAR, the chief supplier of residential consumer natural gas in south central Alaska will likely pass through any i increased costs for natural gas to industrial and residential t consumers thereby resulting in a negative economic impact on the constituents in south central Alaska. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that said Council urges the State of Alaska not to - l impose or request any increased royalty payments on its share of the royalty gas, more especially for the the past production from _ the Kenai as fields b Union 9 y U Oil. In J addition of Kenai , Alaska opposes o + the City Council action by the United States Department of the Interior and Cook Inlet Region, Inc., that would require payment of a $100 million bond to cover any back royalty payments and ur ges the Department of the Interior to hold such payment in U i abeyance pending final determination of this matter. Be it further resolved that the Kenai City Council interprets the actions by the United States Department of the Interior in this matter as a subtle way of forcing the users of the gas from the Kenai gas fields as paying the $100 million in back royalty payments and therefore not in the State's best interest or the constituents' best interest. He it further resolved that copies of this resolution shall be sent to Honorable William Sheffield, Governor of the State of Alaska, Senators Frank Murkowski and Ted Stevens, Congressman Don Young, Don Hodel of the United States Department of the Interior, Senators Paul Fischer, Jalmar Kerttula, Edna DeVries and John Sackett and Representatives Mike Navarre, Andre Marrou, Bette Cato and Mike Szymanski. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of October, 1985. Tom Wagoner, Mayor ATTEST: Janet Whelan, City Clark 1P_ l � AGENDA KENAI CITY COUNCIL - REGULAR MEETING Sept. 18, 1985 - IS00 PM I 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-controvsrulal by the Council and will be approved by one motion. There will be no separate diocussion of these items unless a Council member so requests, in which coos the item will be removed from the Connent 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 - 10 minutes per person) C. PUBLIC HEARINGS 1. Ord. 1086-85 - Increeo. Rev/Appno - Part time Employee, Police Dept. - $9,428 2. Ord. 1087-65 - Increse. Rev/Appno - Airport Master Plan Update - $75,000 3. Res. 85-78 - Adopt City Atlas so Official Strout -Naming Guide 4. Res. 85-86 - Repealing Res. 85-69 & Accepting State Grant for Road Improvements - $2,300,000 5. Res. 85-88 - Declaring Equip. Surplus 6. Res. 85-91 - Requesting Municipal Assistance Funding From State 7. Res. 85-92 - Tranof, of Funds - Senior Employment j Physical Exams - $120 8. •. Res. 85-93 - Tranof, of Funds - Police Addtn. - $3,000 b. Approval of Adding $3,000 - Inspection Contract, Police Station Addtn. & Renovation D. MINUTES 1. *Rog. Meeting, Sept. 4, 1985 E. CORRESPONDENCE 1. Gov. Sheffield - Capital Projects 2. •San. Fischer - CSSO-27 - Grants to Municipalities 3. +ADEC - Grants to Municipalities - Water, Sewer, Solid Waste Facilities 4. lot Nstl. Bank, Anch. - Credit Needs of Area 5. Vote Center - Res. 85-72 F. OLD BUSINESS 1. Highbush/Bumbloboe Construction Report 1 G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ord. 1088-05 - Increaa. Rev/Appns - State Grants, Library - $20,000 4. Assign, of Lease - New Pines to Pace Corp. 5. Assign. of Lease - Fletcher, Kenai Theatre Ent. to TENT Alaska - Lot 12, Aleyesks S/D 6. Assign, of Lease - Kenai Theatre Ent. to TENT Alaska - Lot 9, Aleyesks S/D 7. Assign. of Lease - Langston to Jackson - Airport Terminal Counter Specs S. L eass Accl. - Jackson - CILAP J „ �I i r �f I 9. Ext0. of Conut. Schedule - Swenor/Robe 10. Vacation - Caro S/0, S. Ames Rd. H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk S. finance Director b. Planning 6 Zoning 7. Harbor Commission A. Recreation Commission 9. Library Commission 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - S minutes per person) ADJOURNMENT .�_ �__ _ __— ova•'.' •--:Y_4.'�r--.--T—' btP�no R�: �.,,I( b �.n- r.-.-.iar.a.��'.13i „t 1 � I m o. 'i f. i, y. i , i i .f .. 4 i r. I . J i KENAI CITY COUNCIL, REGULAR MEETING, MINUTES SEPT. 18, 1985, 7sO0 PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Ray Measles, Chris Monfor, John Mine, Tom Wagoner, Tom Ackerly, Sally Sallie, Joao Hall Absents None A-1 Agenda Approval a. Mayor Wagoner asked that Ord. 1089-85, Amending Zoning Map - be added as item G-11. b. Mayor Wagoner asked that item C-3, Res. 85-78 - be deleted. o. Mayor Wagoner asked that Res. 85-94, Expressing Dineatisfaction with Borough's Handling of Waste Materials - be added as item C-9. Council approved the agenda no amended. A-2 Consent Agenda MOTIONS Councilman Wise moved, seconded by Councilman Hall, to approve the Consent Agenda an submitted. Notion paosed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD None C. PUBLIC HEARINGS C-1 Ord. 1086-85 - Increas. Rev/Appne - Part Time Employee, Police Dept. - $9,428 MOTIONS Councilmen Ackerly moved, seconded by Councilman Hall, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-2 Ord. 1087-85 - Ineress. Rev/Appne - Airport Master Plan Update - $75,000 MOTION, Councilman Ackerly moved, seconded by Councilmen Measles, to adopt the ordinance. There was no public comment. Notion passed unanimously by roll call vote. C-4 Res. 85-86 - Repealing Res. 85-69 6 Accepting State Grant for Road Improvements - $2,300,000 MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. � 1 i . I A E I [ - 1 +1 + t KENAI CITY COUNCIL SEPT. 18, 1985 Page 2 City Manager Brighton reported he had received word this date from the Atty. General's office that the funds could not be used for a community center, a letter would follow. Mayor Wagoner noted he had been waiting for a call from Gary Baldwin for 3 weeks. Councilman Measles aakad if we were under a time limit. Answer - no. MOTION, Tables Councilman Measles moved, seconded by Councilwoman Monfor, to table action till the Oct. 2 meeting. Motion passed by unanimous consent. C-5 Roe. 85-88 - Declaring Equip. Surplus MOTION Councilman Hall moved, seconded by Councilwoman Bailin, to adopt the resolution. MOTION, Amendments Councilman Hall moved, seconded by Councilman Ackerly, to amend the resolution to add items distributed this date. There was no public comment. Councilman Wise asked if this was advertised. City Manager Brighton explained, the sale will be advertised and will state a list of items can be picked up. Public Works Director Kornslis explained the auctioneer had advertised some items to create interest. VOTE, Amendments Motion passed by unanimous consent. VOTE, Main Notion as Amendeds Motion passed by unanimous consent. C-6 Res. 85-91 - Requesting Municipal Assistance Funding from State NOTION: Councilman Hassles moved, seconded by Councilwoman Sallie, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-7 Res. 85-92 - Transf. of Funds - Senior Employment Physical Exacts - $120 MOTION$ Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. There woo no public comment. Motion passed by unanimous consent. � I i • I -rl.r - .. t.• e.Mv.! KENAI CITY COUNCIL SEPT. 18, 1985 Page 3 C-8 a. Res. 85-93 - Transf. of (undo - Police Addtn. - $3,DOD b. Approval of Adding $3,000 - Inspection Contract, Policu Station Addtn. 6 Renovation MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Councilman Wise noted some of the subcontractors have not been paid. Public Works Director Kornelis explained, the contractor was 16 days late for substantial completion. He must pay $750 per day after that date. Architect Cintoli has to inspect (16 days) pant that data also. The $3,000 will come out of unliquidated damages. He did not know the amount due the subcontractors, he hao sent letters to them. There are 3 liena on the property. The City cannot pay the subcontractors. Motion passed by unanimous consent. MOTIONS Councilman Wise moved, seconded by Councilman Measles, to approve the additional $3,000 to the contract. -% Motion passed by unanimous consent. C-9 Res. 85-94 - Expressing Dissatisfaction with Kenai Borough's Handling of Waste Materials MOTIONS Councilman Wise moved, seconded by Councilman Ackerly, to adopt the resolution. There was no public comment. Councilman Wise explained he had asked for the resolution because the City had received undesirable information. He asked Administration to contact the Borough, there was not much concern (at Borough level). The tat point of concern was based on information received on dumping of oily waste in the City dump. The 2nd concern was that it was done without authorization. The 3rd concern was where they took the waste from was a high school site. What are we putting our kids to? Mayor Wagoner suggested it be rewritten in a positive vein. riviION, Tables Councilman Ackerly moved, seconded by Councilwoman Bailie to table the resolution till the Oct. 2 meeting. VOTE, Tables Motion passed by unanimous consent. 0. MINUTES 0-1 Reg. Meeting, Sept. 4, 1985 Approved by Consent Agenda. E. CORRESPONDENCE i I KENAI CITY COUNCIL 89PT. 18, 1985 Page 4 E-1 Gov. Sheffield - Capital Projects Councilman Wine naked that Old Town study be added. Councilman Ackerly suggested P&Z be sent a copy of the letter. E-2 Son. Fischer - CSSR-27 - Grants to Municipalities Approved by Consent Agenda. E-3 ADEC - Grants to Municipalities - Water, Sewer, Solid Waste Facilities Councilman Wine asked, what are we planning on submitting? Public Works Director Kornelio replied, last year's lint deleting those already done. Councilman Wise asked that Beaver Loop water line be added. E-4 lot Natl- Bank, Anch. - Credit Needs of Area No action taken by Council. E-5 Vets Center - Res. 85-72 Mayor Wagoner asked Councilman Wise prepare an amended resolution. F. OLD BUSINESS f-1 Highbuah/bumblebee Construction Report Public Works Director Kornelis reported the water line is in, there is still such excavating to do. Mayor Wagoner noted the intersection we to be to grade by this date. Councilman Measles noted there was no reason for the ditches. Dogwood is almost to grade and the ditches are still there, wider than the road. He understood the storm water drain would run full length so there would not be exposed ditches. One resident was told if he bought the culvert they would put in the drain. Mayor Wagoner requested a report at the Oct. 2 meeting and that the engineer and the contractor be at the meeting. G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTION$ Councilman Measles moved, seconded by Councilman Hall, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,000 MOTION$ Councilman Hall moved, seconded by Councilwoman Bailie, to approve the requisitions. Councilman Wise coked why the ourvey (Dowling Rice 8 Assoc) was charged to Lands. City Manager Br; 'in replied surveys were normally charged to Lane ut auld be changed. Council agreed to the amendmet. Notion passed by unanimous consel. J � I JI 1� r •ar4� __ KENAI CITY COUNCIL SEPT. 18, 1985 Pigs 5 G-3 Ord. 1088-85 - Increas. Rev/Appns - State Grants, Library - $20,000 Approved by Consent Agenda. G-4 Assign. of Lease - Now Pines to Pace Corp. NOTIONS Councilman Ackerly moved, seconded by Councilwoman Beille, for approval contingent on the new lessee entering into a new lease form. Motion passed by unanimous consent. G-5 Assign. of Lease - Fletcher, Kenai Theatre Ent. to TENT Alaska - Lot 12, Aleyeska S/0 NOTIONS Councilman Wise moved, seconded by Councilwoman Monfor, to approve the assignment. Motion passed by unanimous consent. G-6 Assign. of Lease - Kenai Theatre Ent. to TEMT Alaska - Lot 9, Aloycaka S/D NOTIONS Councilman Wise moved, seconded by Councilman Ackerly, to approve the assignment. Notion passed by unanimous consent. G-7 Assign. of Lease - Langston to Jackson - Airport Terminal Counter Space NOTION$ o Councilman Measles moved, seconded by Councilman Ackerly, to approve the assignment. Airport Manager Ernst reported Mr. Jackson had intended to bring in Budget Rent -a -Car, ±uL -hanged his mind and will keep Cheepie Rentals. NOTION, Amendments Councilman Measles moved, seconded by Councilman Ackerly, to approve the assignment contingent on assignment of lease to i the specified rental agency that would operate the facility. r Notion passed by unanimous consent. I G-8 Lease Appl. - Jackson - CHAP NOTIONS l Councilman Wise moved, seconded by Councilman Ackerly, to j approve the application as recommended by PBZ. City Manager Brighton reported the gate and the slats would be repaired. Notion passed by unanimous consent. . r � ,L ' I 1 i Vi n it .T_.. KENAI CITY COUNCIL. SEPT. 18, 1985 Page 6 G-9 Ext. of Conat. Schedule - Swenor/Roborts Baron Pk. S/D MOTIONt Councilman Wise moved, seconded by Councilman Ackerly, for approval of the 2 modifications. City Manager Brighton said PfiZ had some questions regarding the gas pumps. They wore deleted and later put back in. Councilwoman Monfor expressed the fear that this would turn out like other developments we have had, and not be completed. She also had a question regarding the landscaping plane. The developer can do what they want and not have improvements. There is just a hole there. She did not remember the gas pumps in the original lease application. Mayor Wagoner explained it went back to P&Z. They have followed the prescribed method. Dan Roberts, Lessen. They have no intention of not fulfilling the terms of the lease. The 2 gas pumps are ideally situated where traffic will not interfere with other traffic. They could not go any further after they asked for an extension. They are on send and gravel and will put in the footings. He would like to get that done before ' ' freeze-up, but may not. They do not have approval from the fire marshall. Councilwoman Monfor explained she was concerned about the !' number of gas pumps in the city and the fact that they were there. Councilman Wise explained P&Z had the some concerns » and felt it wee a decision of the entrepreneur. Motion passed by unanimous consent. , - - G-10 Vacation - Cato S/D, S. Amer Rd. ' NOTIONS Councilman Wise moved, seconded by Councilman Ackerly, that a letter of non -objection be sent on the vacation request. Notion passed by unanimous consent. H. REPORTS - H-1 City Manager ri City Manager Brighton spoke. i a. He noted Info item t1, the DEC public hearing on Use of City Sludge on farmland. b. He noted Info item t19, regarding the Welcome to Kenai sign on State right of way. Councilman Measles said he thought we were to get written approval from the State. (� Mayor Wagoner asked for a copy of the minutes regarding this action for the Oct. 2 meeting. Public Works Director Kornelle explained, when he contacted DOT they i said they could not give permission but they would not I take it down. Mayor Wagoner said we can get a permit i from the State. If the State approves, the federal — - govt. will not interfere. C. Clint Hell has submitted a request to purchase land in the "Dust Bowl" area (Info t12). He would like to discuss it at a work session. Councilman Wise asked that the request be forwarded to the Master Plan j, conoultent for review. d. Architect Gintoll's Insurance problem. His premium has gone from $6,700 to $95,000 per year for $1 Million coverage. A letter was submitted at the Sept. 4 I I._ 0 KENAI CITY COUNCIL S€PT. 18, 1985 Page 7 meeting. If he is unable to stay in business, the City will have no coverage on the airport terminal, the library, the police station, the senior canter and city hall. The City would have to hire an architect for the FSS building. Mr. Gintolt would like to negotiate the $1 Million requirement. Mr. Brighton felt the City could live with this. This is perennial coverage for the architect's responsibility for the building. Councilwoman Bailie requested Administration draw up the papers and bring to Council for review. Councilman Mcosleo suggested it could be an amendment instead of renegotiation. Atty. Rogers noted Council may be approached by other professionsls to lower their requirements. This may increase the City's premium. MOTION: Councilwoman Bailie moved, seconded by Councilman Wise, to amend the liability requirement on Architect Gintoli's insurance to $500,000. Mayor Wagoner requested a written report from the City insurance company on the impact on the City coverage if we lower requirements. Mr. Brighton noted the City premiums were $80,000 last year, $360,000 this year. VOTE (Passed)s Yess Measles, Monfor, Wise, Ackerly, Sallie, Hall Not Wagoner e. Mayor Wagoner requested Mr. Brighton contact Mr. Kiel, FAA, regarding the persons holding up the leases and the person who wrote the memo to the City suggesting 5 year leases instead of sale of land. He also asked, where are the leases that should be up for approval, the dotes they were sent and how long they have been at FAA. Admin. Asst. Gerstlauer replied there were 5 losses at FAA. She added we received a call regarding the appraisers, they will send a follow up in writing. H-2 Attorney Atty. Rogers spoke. a. Regarding the bowling alley (Info 018). He has other information and encouraged Council to review it. Councilwoman Monfor commended his work on this. b. Regarding the Borough service area (Beluga Boy/Chinulne Pt.) The order was because of the inability to show irreparable harm. The people concerned expressed appreciation regarding the City's concern. They know they will have to carry it forward. The City cannot carry it any further. c. Info 014, Shore leases. These people have been attempting since 1979 to lease with the City. It has never been completed. They will pay back rent, there is no escalation clause. These leases are not renewable. j Council had no objection to the tease. d. Atty. Rogers will not be here for the Oct. 16 meeting. J �1 r KENAI CITY COUNCIL SEPT. 18, 1985 Page 8 H-3 Mayor Mayor Wagoner spoke. a. He requested a work session. Subjectsi Antenna farm Priority lief, 1986 Insurance, perhaps self-insurance (have company representatives attend) Dust Bowl and other leases Councilman Ackerly suggested Borough Finance Director Burton attend regarding insurance as they have some self-insurance. Finance Director Brown noted fire insurance could be self -insured, liability should be a big deductible. Councilman Ackerly noted putting sprinklers in City Hall would lower rates. Mayor Wagoner said it would be expensive. Councilman Wise asked to add the Old Town study. Mayor Wagoner suggested adding Landscaping. Council agreed to meet at 700 PM Mon., Sept. 23. b. He appointed Councilman Hall as Council Ad Hoc member to the Landscaping Committee. He noted Don Aaee had gone through the process and said it was done well. Walter Them will be sending a letter and resigning from his committees. c. The tree planter is working well. We may be able to Image it out. H-4 City Clerk Clerk Whelan spoke. a. The Borough has appointed Lottie Ellis to replace Mabel Richter as judge for precinct 03. NOTIONS Councilman Wise moved, seconded by Councilwoman Bailie, to approve the appointment of replacement election judge. Notion passed by unanimous consent. IS. Absentee ballots for City of Kenai, Salametof and Nikiski are available at City Hall. c. Reservations for 7 Council members for Municipal League have been made. H-S Finance Director None H-6 Planning 8 Zoning None H-7 Harbor Commission None H-8 Recreation Commission Mayor Wagoner noted the golf course has been seeded. 1 i I V i i J I 1 I Me S - - `i ' i t + . i ' I t, KENAI CITY COUNCIL SEPT. le, 1985 Pigs 9 H-9 Library Commission Librarian Deforest reported the water damage was not serious, less than 50 books. But thane loot were out of print. The construction to going fine. Info 02 Is regarding Library goals and policies. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Mayor Wagoner paid he will not be at the Oct. 2 meeting. b. Councilman Aokerly asked about the Coble TV situation. Atty. Rogers replied, they are chipping away at litigation at the cities. The new Federal legislation had an impact on the cities. InletViaiono ban not been said, they requested an extension to convoy or divest. Councilman Aokerly said there is still a lot of exposed cable. Atty. Rogers replied written notice should be sent to PUC. C. Airport Manager Ernst reported on the meeting with FAA. He has resolved the final draft of the Master Plan for approval. He asked Council to consider the question regarding land needed to build the float plane basin. We need 2 appraisers and one review appraiser to purchase at the established value. It should be done before Dec. 31. He recommended the full 160 acres. NOTION Councilman Wise moved, seconded by Councilwoman Sailie, to authorize Administration to proceed with the full 160 acres appraisal. Councilman Wise said FAA had said the City cannot proceed with the float plans basin till they have title. Mr. Ernst said we have funding from airport M60 funds. There was an appraisal by Mr. Worfle. City Manager Brighton noted there was =1,500 difference between the asking and appraised price. Councilman wise said there had to be 2 appraisals. If there is a disparity, a review appraisal has to be done. If not, Administration can recommend. Councilman Aokerly asked if it has to be an MAI appraiser or a regular one. City Manager Brighton replied, the City has been told by phone it had to be an Anchorage appraiser. FAA has sold they will send a follow-up letter. Mayor Wagoner asked to see copies of all letters, and copies sent to Son. Murkowski. Mr. Brighton noted we have no MAI appraisers in Kenai. VOTE Motion passed by unanimous consent. d. father Torgonsky, Russian Orthodox Church. Regarding the parking situation at the court house. In front of the court house it says "No Parking" and tow -away zone. There is no parking across the street also. Employees, the public, attorneys, ato. have to pork there. Police Chief Ross said he was not aware of the problem. During the early part of the project it woo worked out how for back from the corners they would have perking start for safety. Mayor Wagoner asked Administration to check into it. e. Councilwoman Nonfor asked Public Works Director Kornelis, when there is excavation, where are they taking the trees to dump? Mr. Kornelie replied, each project is different. Some have been hydro -axed. On the Homer Electric project, the contractor has dumped on the Marathon site. They will clean up the Marathon site In return. On the Fred Meyer site, they are i I r Mast, KENAI CITY COUNCIL .SEPT. 18, 1985 Page 10 dumping at the Linwood pit. On the golf course, the sand is being taken out of there. He is looking for top soil to fill. On the Asse/Lowry project, the City is not involved. Councilwoman Monfor asked if the City had any control over the trucks driving on the highway, dirt to spilling out, the trucks are speeding, and are Illegal. Mayor Wagoner replied that should be reported to the police. The police handle traffic, the State handles maintenance of the street. (on Spur) Councilman Wise asked Father Targoneky if he had given permission to have material dumped on Church property. Answer - yes. Councilwoman Honfor said she was more concerned with traffic problems, speeding and not having signal lights. Chief Ross noted traffic control was increased starting Sept. 1. f. Councilwoman Monfor asked about the street across from the Chamber of Commerce that is being dug up. Mayor Wagoner replied, that is the fire hydrant repair. g. Councilman Hall noted TransAlaske did a water & sewer map a year ago. He would like to have it up -dated. The Atlas map is not as good. He would like It this Spring with new subdivisions added. Public Works Director Kornelis said he would bring back a proposal for an up -date. AOJOURNMENTs Meeting Ja_djjowurned 9s25 PH. Aanst Whelan City Clerk r- i f� DEPT. OF ENVIRONMENTAL CONSERVATION relephone:l9on Address: OFFICE OF THE COMMISSIONER POUCH 0, JUNEAU, ALASKA 99811 (907) 465-2600 August 29, 1985 Mr. William Hopkins /;ps Executive Director Alaska oil and Gas Association ,%0 , Suite 219 505 W. Northern Lights Blvd. Anchorage, Alaska 99502 Dear Mr. Hopkins: The Alaska Department of Environmental Conservation has devoted considerable effort in recent months to evaluating environmen- tally safe ways for disposal of drilling mud fluids and solids. This is an ongoing activity and one in which we have solicited your association's involvement. A particular focus has been the proper method and location for disposal of drill muds on the Kenai Peninsula. I believe it would be appropriate for the Alaska Oil and Gas Association, and appropriate member companies, to take a more active role as a group in identifying any innovative methods and appropriate sites for disposal of drilling wastes. Effective planning is needed both for long-term disposal of previously generated muds, and for those that may be generated in the future. A coordinated plan for muds disposal would relieve any uncertainty associated with case -by -case decisions and ensure that the needs of the industry, as well as those of this agency and local governments, are addressed. The Kenai Peninsula Borough has started to address this issue by appointing a solid waste commission. we are advising the Commission on technical criteria associated with design and siting of disposal facilities. We urge you to work with the Borough, through all appropriate vehicles, to develop a plan for mud disposal. As well, we are extremely interested in working with you on any efforts AOGA or the member companies initiate in this regard. Involvement of private and governmental landowners as well as the general public is also extremely important for the success of this effort. Mr. William Hopkins -2- August 29, 1985 We look forward to your active participation with the Borough in the coming months to develop sound approaches for the aisposal of drilling wastes. Please feel free to contact me, or Bill LamOreauX at 274-2533, to discuss this matter further. Sincere , BilVlRoKp— BR:ADK:mt ccs Stanley F. Thompson, Mayor Kenai Peninsula Borough Marilyn Dimmick, President Kenai Peninsula Borough Assembly Tom Wagoner, Mayor City of Kenai Delores M. Farnsworth, Mayor City of Soldotna Joe Arness, Chairman Kenai Solid Waste Commission Robert Gilmore, Director U.S. Fish and Wildlife Service Michael Penfold, State Director Bureau of Land Management Jim Anderson, Union Oil Tom Brooks, Marathon Oil Brent Brennan, Chevron USA r • a i T, i . v I ' I I = r )UNEAU ALASKAS CAPITAL CITY OFFICE OF THE MAYOR CITY AND BOROUGH OF JUNEAU August 29, 1985 The Honorable ion Wagoner 210 Fidalgo Kenai, Alasjca 99611 _ Dear •�.��k� er s rr "- r I am writing to notify you of my decision to not seek re-election this fall. It is not without some mixed emotions that I have concluded it is time for me to take on new challenges. Part of the pleasure of this job has been the opportunity to meet and wank with you and other local government leaders all across this state. I have been impressed by the quality, dedication, effectiveness and comraderie of municipal officials. it Best wishes to you in your continuing efforts to work for your community and good government in Alaska. Sisk ely, yor �.�. FU/bvh So. Seward St, Juneau, AK 99801 (907) 586.5257 r? � j i ti - i 1 0 E ..: IX P.O. Box 100100 / Anchorage, Alask90510 82 0 iWi 8 f I William F. Webb — Raidmt Sept ern a31! ;i,�, 1985 Arctic NOab. Mk. Am M. Cato — VW Nowt 0 CrowbyWritlmeCorpontlot�he Honorable Torn Wagoner A�9�► MA Baia — Vim Brown i Root. U.S.A.. }QeC�!' •� iy City of Kenai WJlllam o. 81r1rMit - Sarndytena i , Alaska 99611 P"Irn. Cow. State, f p£6d 8Z RZ92 CIO & Williams Dear Mayor Wagoner n Val Molyma - Trawv Weo.fne. On behalf of the Hoard of Directors of the Alaska Support Biuson -Door Industry Alliance and myself, my sincere appreciation'to you RV Corporation and the members of the City Council for your consideration in MulmByw-Olraaor allowing the Alliance to share our mutual concerns publicly on issues impacting the petroleum industry and apprise you of our activities in that regard. Tom Dow - Ohoor - ... I - t . SAW WoMpmM As we discussed, since our inception in opposition to the 74•,'' 04 Beaufort Sea Lease Sale moratoria in 19799 the Alaska Support ?4W&whm Industry Alliance has since positioned itself as one of the Rayar400M—ohm most effective and dominant advocacy voices in the State of 6noVITaw swift Alatska. sco<rMa>,a�rkta-Olneta past legislative highlights to support the above statement Ata"F'Pfk ncludes Roper Ha>my - OJnetor � ° WatkegsAWAOwpwatim * Successfully defeated moratoria in Alaska since 1979, •-, Lon Mo IWM-Dom Alaska is the only State in the U.S. that is not NoMm. Markray a "Taw impaired. U Math>s CMator Achieved modification i f i cation of North Sloe Borough Coastal l Uniwsat Savkw, Mtt7. Mae. * p g , Chrek riroaakt - Okaeta • • " ' ' Management Plan. ' COMMON * Repealed Title 21 (separate tax code for the oil FMMkgq-Diracw industry). I", Ro lut! a &0" Lowafto-Okww * Led coalition to create state Capital Investment Fund. Raids Bade d Alapa is* Ybonpsoe—ohm * Modified hazardous and toxic substance right -to -know Air Van Lkw Mre. bill. t"wow -oww * Provided enabling legislation for Royalty Oil fKW* Companies of Alaska Contracts. micuitFhokp * Provided enabling legislation on permitting reform V •Riw okaw legislation. AftillsWWAUMM Most currently the 1984-85 Alliance legislative agenda i nc 1 udeta s 1 r Alaska Support Industry Alliance . , . fa aapo O110 OMMUnla dMtopnMnli 0 M 'r OCS moratoria - Lease Sale #92, Royalty Oil Contracts,; stabilized taxation for the petroleum industry, Fluctuating Work Week, Local Hire and Red Dog. These legislative activities equate to allowing for the continued economic impact on the State of a very impressive statistic that @ of all revenues generated in the private and public sectors of the State are directly attributable to the petroleum industry. In actuality a .A figure should be used when you factor in the military and Federal Oovernment9s economic influence in the Alaskan economy. These programs are "fueled" by the Federal OCS Lease Sale Program which represents the largest dollar contribution to the treasury after the IRS. In your roles as representatives of the citizens of Kenai, you are only too aware of the benefits Kenai has derived through its Municipal/State revenue sharing, local property taxation and the substantial employment statistic of direct oil related jobs in Kenai. A further consideration directly attributable to the Allianee9s efforts of streamlining industry permitting processes, realignment of stable industry taxation, defeat of i�... moratoria, is these efforts will allow for the implementation y of future long-range plans for development of the North Slope" which in turn will further enhance your personal and business futures in Alaska. The Alliance is a "consortium" of statewide business interests that actively lobby in Juneau and Washington, D.C. with primary legislative priorities addressing the petroleum and mining industries. The 1985 operating budget for the Alliance is set at $659000. This amount encompasses two full-time employees, minor office supplies, phone service, administrative postage and printing. :Office space, phones, computer service, office equipment, "' travel and part-time clerical assistance is donated by the Alliance Board of Directors and individual member companies. Dollar funding for the 1985-86 legislative issues will be well in excess of $15O,O00 which is directly derived from membership revenues or pledges -not one dime of membership or services is accepted from the petroleum or mining companies. These restrictions facilitate our autonomy as well as credibility in the legislative arenas we function. I have also included for your review, the following Sterns: 1. Please note the Alliance letterhead left hand listing of _ current Board Merabers. I i r I_ - -r r. n 2. Select letters of commendation from Robert R. Richards, Vices Chairman of Alaska Pacific Bancorporation; Richard H. Weaver, Operations Manager of Exxon USA, Inc.; and H.M. Oiegerich, President of Cominco Alaska. 3. A copy of an Anchorage Daily News article dated May 9, 1983, which reflects an unbiased reporting and assessment of the Alliances effectiveness. 4. A copy of a recent Alliance advertisement. S. An invoice for your review and selection of membership level for the City of Kenai. 6. Copy of 1985 Local Hire Resolution. I close extending my personal regards to you and my sincere ! wishes to include your valuable support with other industry leaders, cities, boroughs and native corporations throughout the State. Sincerely, ALASKA SUPPORT INDUSTRY ALLIANCE Amicall S. Fleminga Director- MSFskt ' Enclosures 1t' y f� /) 1 � y ... «. 1w wF-1, KENA►I PENINSULA BOROUGH BOX 850 • SOLOOTNA ALASKA 99069 PHONE 262.4441 September 17, 1985 �-y STAN THOMPSON MAYOR lc• VFi• J, Tom Waggoner, Mayor F V-6$ Councilmembe�s City of Kenai Box 3969 Kenai, AK 99611 Dear Mayor and Councilmemberss As the new legislative year approaches, once again we are all faced with the need for sending legislative and funding priorities to the Office of the Governor and the legislature. As the policy -making body for the Kenai Peninsula Borough, it is the �- assembly's task to define those priorities. T have requested the J chairmen of the Legislative Committee and the Public Works Committee to begin work on formulating such a priorities list. Since we are just as interested in the priorities of the cities as the areas outside cities, it would be helpful if the council would transmit to us as soon as practical what the city's top five (5) or six (6) priorities for the coming year are likely to be. The assembly could then consider including at least some of these in a borough priorities list. As we have seen in this past year, the peninsula has gotten very little in the way of capital project monies. If we are going to improve the situation, it looks as though a unified effort is necessary. I appreciate your cooperation in this effort. Very truly yours, , Marilyn Dimmic� Assembly President if � �� . .-r. � _ sue•,.. /:� � � ' , "`- ?` ` ' .. %% ` ;I f' F-/ CITY OF KENAI Caul a 4"10 210 PIOALGO KENAI, ALASKA Qlfbit TELEPHONE 283.7535 MEMORANDUM FROMs Tim Rogers, Attorney City of Kenai TOs Mayor and Councilmembers City of Kenai DATES August 27, 1985 REs Airport Terminal Lease Insurance Clause In various telephone conversations to date, it has become apparent that while the State of Alaska has finalized a proposed insurance clause covering the new Anchorage International Airport Terminal User Agreement, it has not yet been approved by all concerned parties. Last week there was a meeting that included the Anchorage International Airport staff, airline representatives, and representatives from the State of Alaska, Department of Administration, Division of Risk Management. On memo date, in a telephone conversation with Larry Mishou, Anchorage International Airport, 266-1400, it was ascertained that while the State formerly used a standard full indemnification clause, they are now going with a clause that is very similar to one used at Los Angeles International Airport. However, in their construction contracts, they will continue to use a new full indemnification clause. The reason for the State assuming additional liability, which they admit is the case, has to do with their need to have terminal user agreements of substantial duration and the airline's refusal to sign those user agreements without a change in the insurance indemnification clause. The bargaining chip held by the airlines was the fact that without signed terminal user agreements, the airport would not be able to get as high a bond rating as it would with such terminal user agreements. �J c i I . i J � i i i 0 At the present time, it is understood that tho clauao is being circulated among varicuo people, including John McAdams of Coroon and Black, who is the State's insurance representative. While the Division of Risk Management's Director, Don Hitchcock, 262-2180, was in a meeting, I was able to discuss the matter with Brad Thompson, Deputy Director, in the Division of Rick Management, who agreed that full indemnification would be better and the City's situation may well be different. He indicated that he would send me copies of the proposed modification and would attempt to have Bill Mellow of the Attorney General's Office, 465-3603, give me a call concerning this matter. It was indicated that there was another clause previously suggested from the AG's office, which for one reason or another, was rejected. He indicated that he hoped to have the new language accepted by all parties some time next week. Neither Larry Mishou or Brad Thompson took exception to my suggestion that not only was the State assuming substantial additional ultimate liability, but woo insuring that they would initially be brought into substantially more law suits with a determination of the comparative fault only being ascertained after the conclusion of the litigation and expenditure of substantial time and money in litigation than would not otherwias be the case. TR/clf I a . ► • rr w - r . wrn ,s ., b ...... _ .. .. .-r ...-c, ara.��.... - .wvw.-. rm-+�+ -. .. J LA BILL SHEffIELD, GOVERNOR DE3PAIITI/ENT OF ADMINISTRATION POUCH C/MS011Dl JUNFAU, ALASKA 80811 J D/VIS/ONOPR/SKMANAGEMENT PHpNF: lDOl/4B8•?JDO 1J August 27, 1985 Kr. Tim Rogers City of Kenas 210 Pidalgo Xenai, Alaska 99611 f Re: indemnification Agreement Dear Tim: This will follow your call today requesting information on the current use agreement negotiations between the state and the air ' carriers, specifically the hold harmless provisions. Attached is a copy of my August 26 letter to Dennis Olson, Alaska J i Airlines with the latest wording. As also requested, I am 1 forwarding a stronger form used in standard provisions of state construction contracts. L/ The state would have preferred to obtain the complete indemnification version in the ANC/FAI agreements, but due to other concerns have agreed to the comparative apportionment language, However, it is recognized by the airlines that r,• Increased insurance expense to the state will be reflected in future rate calculations. Good WOW Once we have finalized our wording I'll try to remember to forward a copy, d " I a cad hompson I Deputy Director {I I 29 N � 4Us 18� tea'h•[tily i S+g:J C3,u CEO, vv I TELEX NUMEER 40,= rRECOMER NUMQER 468•2169 j August 26, 1985 I i Dennis Olson Director —Properties Alaska Airlines P.O. Box 68900 Seattle. WA. 98168 Res ANC/FAI use agreement Dear Denniss I have reviewed the proposed indemnification uording ulth the Department of Law and now submit a clearer version of the intent, we discussed last meeting. INDEMNIFICATION A. Airline will indemnify, hold harmless and defend the DOT&PF, its officers, agents and employees from liability �'` any kind, including costs and expenses for or on account at - any and all legal actions or claims of any character Whatsoever resulting from death or injury to any person or damage to property to the extent caused by any wrongful error, omission, or negligent act of the Airline arising out of this agreement. B. All legal actions or claims including defense costs resulting from death or injury to any person or damage to Property which are caused by the joint negligence of the OOT&PF and Airline arising out of this agreement will be apportioned on a comparative fault basis. I am forwarding copies of this on to John McCadam and Larry Michou to keep everybody current. Sincerely, Brad Thompson Deputy Director cc; Don Hitchcock John McCadam Larry Michou go rd 1 r p the DEPARTMENT, the CONTRACTOR and his Subcontractors. Coverage shall include all materials, supplies and equipment that are intended for specific installation in the project while such materials, supplies and equipment are located at the project site and in transit from port of arrival to job site and while temporarily, located away from the project site. The CONTRACTOR shall submit to the Contracting Agency, a complete copy of the Builder's All -Risk Insurance Policy .% prior to Contract Award. e. Other Coverage as specified is the Supplemental Conditions. 5.5 Indemaifications The CONTRACTOR shall indemnify, save harmless, and defend the DEPARTMENT and its agents and its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from the construction or the CONTRACTOR'S performance of this contract; however, this provision has no effect if, but only if, the sole proximate cause of the injury or damage is the DEPARTMENT'S negligence, DF� � ,V ARTICLE S -6- DRAFT GENERAL CONDITIONS MAY 1985 ' I � Waiters & Olson, Inc. insurance 10809 Kenai spur Hwy. September 4, 1985 Box 5064 Kenai, Ak. 99611 Telex 26.2. 907.283.5116 Tim Rogers City Attorney City of Kenai 210 Fidalgo Ave. Kenai, Alaska 99611 Res Airport Terminal Lease Insurance Clause Dear Tims Confirming our conversation of August 28, 1985, it is my feeling that the changes requested by the air carriers with respects to the indemnification clause would have a direct impact on the City's airport liability premiums. As you are aware, the City carries a $1,000,000 primary airport liability policy and a $24,000,000 excess liability policy. Copies of your proposed wording for the new leases was forwarded both to the primary underwriter - Insurance Company of North America and Lloyd's - the underwriters of the excess layer. The renewal premiums on both the primary and excess layers were approximately 20% higher then the expiring premiums. These Increases were modest compared to the increases experienced by the balance of the City'* policies. Given the present state of the liability insurance marketplace - these increases were xceptional. The stability in price exhibited by the primary in excess airport liability policies was due to the expiring lease wording, the proposed lease wording, and the lack of claims due to the fact that the city has been able to tender claims on to the responsible parties. Cbe is my belief that the airport represents the greatest astrophic liability exposure to the City of Kenai. Any kening in the lease wording could place the City in the �. ition of either assuming or defending claims that it may not responsible for. The City of Soldotna is presently facing a number of lawsuits arising out of the North Pacific Airline crash near the Soldotna Airport in February, 1985. Due to the defense costs reserved for these claims, the premiums for the Soldotna Airport liability policies increased by 400%. Had Soldotna been protected by a lease such as yours, the increase in all likelihood would not have been that dramatic. i� i sr . - r rr -11 n� ---=- - ---- --- - -- - ---- - ,j September 4, 1985 Tim Rogers - Page Z The aviation insurance industry has experienced record losses in 1985. To date, there have been at least 1,341 people killed in aviation accidents and hull losses are in excess of $319,000,000. This compares to two commercial fatalities in 1984 and hull losses of only $60,000,000. With the majority of commercial insurance and reinsurance on commercial aviation risks, including airport liability being underwritten by Lloyd's and the London market, it is to your advantage to provide them with adequate contractual protection. I would welcome the opportunity to meet with the Kenai City Council in a closed session to discuss this matter at length. Sincerely. L4&-e4 Kurt B. Olson sy i i I I e , e, d r: I 1 Tomato ,t I pn�ssp�wEr --- par OO KOW su�sn 1 ')K 265-,i,i 711 ftX=1W', 11. OFFER TO LEASE ACCFPTANCE s The offer to lease is made aubject o npp ion tan laws and requintiona of City, and may be withdrawn without notice nt any tima after thirty (30) days from submission thereof, unlean within such thirty (30) days the Losnoo exeeutea and returns the loans to the City. 12. UNDERLYING TITI.Es The intrroata transferred, or conveyed by this Lease are subject to any and all of the covenants, tormo, or conditions contained in the instruments conveying title or other internate to the City. 13. RIGHT OF INSPECTIONS City shall have the right at all reasonable times to en er he premises, or any part thereof, for the purposes of inspection. 14. INDEMNIFICATION AND INSURANCES Lessee covenants to save the City arm esn rom a as ens, ouiten, liabilities, or damages resulting from or arising out of any sate of commission or omission by the losses, his agents, employees, customers, invites*, or arising from or out of the Loaaae's occupation, or use of the premises demised, or privileges granted, and to pay all coats connected therewith. Lessee, at the expense of Lessee, shell keep in force, during the term of this agreement, insurance issued by responsible insurance companies authorized to do business in Alaska, in forms, kinds and amounts as determined and directed by 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 dsmage, cargo, aircraft, fire, workmen's compensation, comprehenaiv*, builders risk, and such other insurance coverage as doomed required in the sole determination of the City. All policies or endorsements thereto shall in all casts whore possible name City as Additions: 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, Lesseo 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 ngreee 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) day* 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) f 1,000,000 Workmen's Compensation - Statutory limits LCA-3 LESSOR: LESSEES � I ' i � I !� i Tim WW" trtr,atowtr COY aww •one w wuw. M�Su w,n :weer l 1 w, 0265,,n 712 Automobile Liability Combined Single Limit (Bodily injuryY and Property Damage) i 1,000,000 Aircraft Liability Public liability and property dnmaqo (er:mbinod with single limit) with no sub -limit for passenger liability $10,000,000 Notwithstanding anything to the contrary, if Lessee fails or neglects to secure required insurance or if said policy or policies are terminated, altered, or changed in any manner not acceptable to the City, then and in that event this lease may be cancelled and terminated, without penalty, on five (5) days written prior notice to Losses. 15. COLLECTION ON UNPAID MONIESs Any or all rents, charges, fees, or other consideration whit are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee and Lances'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 authorised agent. 16. LEASE SUBORDINATE TO FINANCING RE UIRf.MENTSs Lessee agrees a y may modify s ease o mee revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the Lessee by this Lease, nor act to cause the Lessee financial lose. 17. SURRENDER ON TERMINATIONs Lessee shall, on the last day of the term of thre—T—eassor 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 good order, condition, and repair, except for reasonable wear and tear 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 then 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 asla thereon. Howevok, 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 soeerted or imposed by any and all governmental units in connection herewith. 18. RULESs Lessee shall observe, obey, and comply with all applieafTe rules, etc., of the State or Federal Governments. 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 as 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. 20. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSIONS City hereby agrees an Covenan • that the Lessee, upon payin rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, LCA-4 LESSORS LESSEE: i i I i 'I ' � 1 PAYMENTS OVER $1,000.00 WHICH NEED COUNCIL APPROVAL OR RATIFICATION 10-2-85 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT POO FOR APPROVALt Women's Resource Center Construction CP-Women's Res. Center Construction 8,534.71 Mike Taurl41nGn Inspection CP-Airport Apron Ext. Inspection 24,170.00 Ocean Tech Engineering CP-Juliusson Engineering 1,750.00 Wince, Corthall i Bryson Inspection Inlet Woods Asses. Inspection 34,860.83 Doyle's Excavating 6 Const. Pay Est. No. 3 Inlet Woods Asses. Construction 244,750.31 Final CP-Baron Park Construction 4,200.00 Interest CP-Baron Park Construction 373.84 McLane 6 Assoc. Inspection Aliak, McCollum Asses.Inspection 18,278.00 Zubeck, Inc. Pay Est. No. 2 Aliak, McCollum Asses.Construction 90,383.85 Landmark Commercial Pay Est. No. 3 CP-Library Addn. Construction 81,708.30 Central Alaska Const. Pay Est. No. 6 CP-Standard. Rich. Construction 49,357.70 Comanche Corp. Pay Est. No. 6 CP-Lake Construction 69,315.93 Construction Unlimited Pay Est. No. 2 CP-Highbush Construction 99,242.90 FOR RATIFICATIONS Walters 6 Olson Mine. City Insurance Non -Departmental Insurance 87,052.44 National Bank of Alaska Sept. Federal W/H Various Liability 52,589.24 Alaskan Federal Credit Union Sept. Credit Union W/H Various Liability 14,076.00 ICHA Retirement Corp. Sapt. Employee Contribution Various Liability 6,087.00 Sept. Employer Contribution Various Supplemental Retirement 3,371.58 f Blue Cross Oct. Medical Insurance Various Health Insurance 17,362.31 �... 1 I I I i PAYMENT$ OVER $1.000.00 10-2-85 P480•2 VRKDOR DESCRIPTION DP.PARTNENT ACCOUNT A1{ yla POA Women's Resource Center August Child Care Women's Resource Accounts Receivable 8,290.47 Union Oil Co. July Natural Gas Central Treasury In Trust 4,590.15 Marathon Oil Co. July Natural One Central Treasury In Trust 4,612.13 Rainier National Bank Principal Stellar Dr. Asses. Principal 5,403.51 Interest Stellar Dr. Aries. Interest 6,036.59 Principal Inlet Woods Asses. Principal 122,807.02 Interest Inlet Woods Asses. Interest 137,195.18 Principal Sprucewood Glen Asses.Principal 11,789.47 Interest Sprucawood Glen A000s.Intorest 13,170.73 National Bank of Alaska TCD 9/27/85 Central Treasury Central Treasury 1,700,000.00 71 Iot. TCD 9/20/85 Central Treasury Central Treasury 1,900,000.00 7.15X Iat. ;J REQUISITIONS OVER $1,000.00 WHICH NEED COUNCIL APPROVAL. 10-2-85 MOOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT Air Tak Repair 15 Street Lights Street Lighting Repair 6 Maintenance 4,875.00 Burroughs Corp. Maintenance Agreement for Finance Repair 6 Maintenance 1,716.00 8-21 computer ISM Corp. Maintenance Agreement for Non -Departmental Printing 6 Binding 4,411.27 IBM Copier i Copy Charges Peninsula Pence Install Guard Rail at end Streets Repair 6 Maintenance 3,228.00 of Walker Lane Yukon Office Supply Secretary Desk, Chair 6 CP-Library Addn. Conatrurtien 2,349.00 Side Chair / l—) 0 J C't. . 3 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1090-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 16.10.120 TO ALLOW THE CITY CLERK TO CERTIFY ASSESSMENT ROLLS WITHOUT THE NECESSITY OF RECORDING. WHEREAS, KMC 16.10.120 requires the City Clerk to officially record corrected special assessment rolls; and WHEREAS, it is the policy and practice of the Department of Natural Resources, Division of Lands Recording Office of the Third Judicial District at Kenai not to record instruments which are not specifically provided for by statute; and WHEREAS, no state statute provides for recording of special assessment rolls; and WHEREAS, Alaska Statute 29.63.050 only requires that special assessment rolls be certified. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 16.10.120 be amended to read as followss 16.10.120 Correction and Determination of Assessment Rolls After the public hearing, the Council may correct any error or inequality in the assessment roll. When the roll is finally determined, the City Clerk shall so certify_ [AND THE ROLL SHALL BE OFFICIALLY RECORDED.] PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of October, 1985. ATTESTS Janet Whelan, City erk Approved by Finances C9 9/27/85 OM WAGONER, MAYOR First Readings October 2, 1985 Second Readings October 16, 1985 Effective Dates November 16, 1985 1 � I I C.O. sent to _ oil /+ A 0 C.O. approved by on .� `�- ;•,��s CHANGE ORDER N 0 : one w Sorucewood Glen Subdivision L.I.D. 1985 Initiation Date 8-15-85 'Contract J? 9'ub,k. Inc. City of Kenai ..i u Yo���. ti,�,6*.Feby requested to comply with the following changes from the contract plans and specifications: j Item I Description of changes - quantities, units, Increase or INo. unit prices, change in completion schedule, etc. (Decrease) 20.21 1 Parking Lots - (Force Acet.) 8 each at 350.00 2800.00 per lot - 2800.00 See attached reasoning 50.14 Sanitary Sewer Cleanout - 2 each at 750.00 each 1500.00 Bid item inadvertently left off bid schedule. When noticed, insufficient time to add by addendum prior to bid opening. Price by contractor quite acceptable and city and owner realiz d benefit by this item. kvA Wiliv#.tL fdWmG OF ie -8r --(] City M9r. Attorney KPlibiic tvorrsCity Clerk Fin 8 ec —.L—J � Orlolnal T7 zubmitted BY —AM Council OK ©NO ]Yes Ck---- Net change in contract price due to this C.O. t ` 4300.00 UHANUB IN CONTRACT TIME CHANGE IN CONTRACT AMOUNT Original Time _ 90Original Contract Amount 168.073 / Previous C.O.s 0_T Previous Change Orders -0- This Change Order -0- This Change Order 4300 Revised Contract Time 90 1 Revised Contract Amount 172.373 (Attached) is full justification of each item on this C.O. including its effect on operation and maintenance costs. This C.O. is not valid until signed by both the owner and I.ngineer. Kenai City Council has to approve all C.o.s. Contractor's signature indicates his agreement harewlth, including any adjustment in the Contract sum or Contract time. 13y -`VAL By By Engineer Uate Coll tor lrner 18.85 Date Date a 1 w - r, CHANG8 ORDER NO. ON1d (Back up Information) Paige 2 of 2 Projec t Sprucewood Glen Subdivision L.I.D. 1985 Contractor 2ubeck. Inc. 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 NO. REASON 20.21 The work required to properly fine grade, roll and compact material in the eight (8) parking lot areas was greatly in excess of the actual quality of material excavated and/or backfilled. Actual equipment and scan power time is as followss Supervisor 8 hours Grader 9 hours Grade Checker 9 hours Compactor 6 hours Front-end Loader 5 hours Water Truck 5 hours In recorded and with computed quantities the approximated work and/ or materials used wares Unclassified Excavation 150 c.y. Type III Classified Backfill - 100 c.y. Therefore, in comparison, it can be seen that much more effort was necessary to get proper drainage in the parking areas than actual materials moved and/or imported. Due to the close proximity of the buildings; working on private property requiring additional care; and necessidy to field fit some grades to provide proper drainage contributed to the additional time, effort and care necessary for the fine grading. The cost for equipment and man power has been equated to a total cost of $2800.00; therefore for simplicity this was divided by the eight lots to equal $350.00 per parking area which averaged 3318 s.f.. Square foot cost relates to $0.11/s.f. of lot. It is felt that this cost is quite reasonable for assuring proper construction and drainage. CHANG8 ORDER NO. ON1d (Back up Information) Paige 2 of 2 Projec t Sprucewood Glen Subdivision L.I.D. 1985 Contractor 2ubeck. Inc. 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 NO. REASON 20.21 The work required to properly fine grade, roll and compact material in the eight (8) parking lot areas was greatly in excess of the actual quality of material excavated and/or backfilled. Actual equipment and scan power time is as followss Supervisor 8 hours Grader 9 hours Grade Checker 9 hours Compactor 6 hours Front-end Loader 5 hours Water Truck 5 hours In recorded and with computed quantities the approximated work and/ or materials used wares Unclassified Excavation 150 c.y. Type III Classified Backfill - 100 c.y. Therefore, in comparison, it can be seen that much more effort was necessary to get proper drainage in the parking areas than actual materials moved and/or imported. Due to the close proximity of the buildings; working on private property requiring additional care; and necessidy to field fit some grades to provide proper drainage contributed to the additional time, effort and care necessary for the fine grading. The cost for equipment and man power has been equated to a total cost of $2800.00; therefore for simplicity this was divided by the eight lots to equal $350.00 per parking area which averaged 3318 s.f.. Square foot cost relates to $0.11/s.f. of lot. It is felt that this cost is quite reasonable for assuring proper construction and drainage. 1 �N N CHANGE I)r,11r1„rirrrlr go;: i"tRnrR L)wNLR . AIA U!>(UAffNT C,707 ARCIIITICT CONTRACTOR fYJ FIELD OTHER E] 13 PROJECT: Addi tion to the Kenai Community CHANGE ORDER NUMBER: 1 ' tr4spa, addr'essi Library + :. I'd iEdniracta{): INITIATION DATE: 10/3/85 c• �?" Landmark Commercial ARCHITECT'S PROJECT NO: Pub!.a 7,�I.ks UOPt.;;`/ 958 N. 127th ,J� Contractors CONTRACT FOR: Construction Seattle, WA 98133 CONTRACT DATE: May 31, 1985 You are directed to make the following changes in this Contract: ITEM 1: Repair approximately 112 SY of asphalt paving -..- in existing parking lot $2,202.00 ITEM 2: Remove asphalt to extend planter $1,078.00 WORK TO BE AS DESCRIBED IN ATTACHED DRAWING. FOR CQUWIL mwi,tG of or!Ey' tYs City ingr. --.. Attorney Public Works --{] City civil �°�b0 Tina � Orloinal T0Submitted Council 09 QNo prie Ck—. kut sal,d until soprel by brah the Owner and Atehrtvct, Srpnature tsr the Ctrntractw tndrrate• his aptevmvnt ht•nn+•rth, rnrludrnR ant adtuttment in the Contrart Sun+ ttr Contract Trn+v. The original (Contract Sum) ) was ........................... S 497, 670.00 Net change by previously authorized Change Orders ................................... $ •0• ' The tContract Sum) prior to this Change Order was .. , , ...... S 497 9670. 00 The (Contract Sum) .:. ........ will be (increased) by this Change Order . , ..... ... . .......................... . . $ 3 ; 280, 00 The new (Contract Sum) ito it Cast) including this Change Order will be ... S 500,950, 00 1 The Contract Time will be O(unchanged)- t -0- ) Days, j The Date of Substantial Completion as*( the date of this Change Order therefore is unchanged Authorized: Carmen Vincent Gintoli Landmark Commercial Contractors City of Kenai IR ading, Bay_Road 90122hth C1w � Fidalao { Addicts Address Address Kenai, AK 99611 Seattle, WA 98133 Kenai, AK 99611 RY ' By EY r DITE 9/25/85 DATE DATE AIA 00CUMIN1 C701 CHANGE ORD14 • APRII 19711101110N • AIAS 01973 j THE AMERICAN iNS111117E Of ARCHITECTS, 1131 NEW V099 AVL, N.W„ WMMNGIAN, 0•C, 2OWt G701-1978 t S ' J • 1i I 1 Ye Q'4'1 { A�i✓FlAL f�N1. wl.....rM.w...r••��•�tri•.w�, - � I A�.1.. \n/('+I� ✓. � ni "ii•�I� I _���s+.YY,� ;�. �.� '�� MODE � � •,\ i •` �£Mo'�£ � �� � ti ..,v �w..w...• +� � '> a �% � Al; vv N tJ \ •I � r�.wwrw •J�h/ Z" WICE ?Nt4T STXIPGS- \ f� f, :s I Ir PD(tYlorJ o j Vr'4 A VAU1 I. L Ae6 w/ N 6%W t VM . WO 't£ NA c. a � i ;�°r Y.ISI'T►!�•��C� '�%+Sr �� f rio I�.GMAIL� •IG L A►ZrA Iro 3C 6, L.! J E op EwT'Gq "r�EssS Ta 8�yys,} MOV E•O d;� �� 1 ' „ ,,,ten•....;: ......, .i; . '1�,.. jY � S 1 �. �,z3 � i i� L r.."ww%IZ•.•Yf...�ri:ais':.i. ia✓•`:✓.f •, 1 Y �!rS ✓�� 4tl�.�i;li�� fllti'.';rP[:t,pare, ,__ i •, .... fs•;f f; 12I••f. ;• •� �, ';�?,�3j,•• „�� 1i14 �' • A� "', fib' .. ✓ ._ %' s s'�e �•.��iJ,r4A.4•.` �p %�*✓Mi. .,•4�', .' ;1:•tnf..i%'7.:..f;: �^J%iir'"OY^,j ,�/ . � ,.3{.:!/Llif �',. 's .. •/n,. �, �'1!/•:6' r %'"•%��f"�1{( 'i•' i A 9/1�%/�S '/'�Jl �i h l ' i, !' II G�Lmili 1L�1°apurat COMMERCIAL. CONTRACTORS, INC. CHA14GE ORDER PROPOSAL JOB Yang i Tj bx� 1,118 DATE-2f 2M85 LOCATION Vanai., AK CHANGE ORDER OR SERIAL LETTER NO..La-1 CONTRACT 31 May 1985 PREVIOUS SERIAL LETTER LCP-0 I I I i DESCRIPTION OF WORK COST TOTAL RE40M AM. ITEPLACEIMIT OF APPRO,`:. 112 S.Y. ASPHALT (See Attachment) ,033.00;0 D.VX LMOONWRCIAL CON PRAC.CRRS, INC. OVERHEAD 10% 203.06 StJB=AL 2,236.00 IXEMF1RiC OOERCIAL CMITRAGTDRS, INC. FEE 7% 156.00 ` TOTAL , 3-12- 011%- co -00 110-0/0 j;.00 If a change order is received no later than SEVEN (7) days, no further costs than above will be required. CONTRACTOR AGREES TO COMPLETE THE WORK IN 1 ADDITIONAL WORKING DAYS You are hereby authorized to provide the DATE 9/23/85 above work in accordance with the terms LANDMARK C HERCIAL I3TRACTOR3, INC. thereof. BY Terry vin 11 /� ` 1 ' 5700 O WARD NIGH' Y I2 •ANCHORAGE, Ai{ 94502 g07 / 56-4-4 �!e MA LNG: P.O. 80 0 4340. A C .9,D^GE, AK 935{Q j L.C. No. AA9101 JI 1 f�l� ♦ w f R\ fl II ♦ 4AY 1 •ti GLil liv U IVA MIA COMMERCIAL/ V CONTRACTORS, INC. f'� I C'' GRANGE ORDER PROPOSAL ' ; , ... . aos Kenai Lib�. DATE 9/23/85 CATION Kenai, AK CI1ANGE ORDER OR SERIAL LETTER NO. ICP_2 LOCATION CONTRACT 31 May 1985 PRE"JIOUS SERIAL LETTER I -1 i DESCRIPTION OF WORK COST TOTAL i I "WISE ASPHALT AND REPLACE WITH PLAMMIX (SEE ATTACEO}g." �lT) 938.00/ 1LA,WNARK CC MERCIAL COTACR, INC. OVEROD 10% 3000i.SUBTOMAL " LANM-1.r K CO'W.RCIAL CZT1*tA=PS, INC. n=- 7% 00 :DOTAL $ ,103. C . GG WO a 11= 140.'10 If a change order is received no later than seven (7) days, no further costs than above will be required. CONTRACTOR AGREES TO COIdPLETE THE WORK IN 1 ADDITIONAL WORKING DAYS You are hereby authorized to provide the DATE 9/23/85 above work in accordance with the terms LARWARK C,OtMERCIAL CONTRACTORS, IIJC. thereof. J BY �- Terry T vin �a3J" (00 0 SEIARD HIGHWA<N201 :,ANCHORAGE.,AK5 50 907 b6�3�� P1A1 NG; 1C • O. 4 4 . AP RA E i• • 3 � G •351•t34 L.C. No. AA9101 f i � I d A 1 r C:'O, sent to Oil C.O. approved by on CHANGE ORDER N0: •r,,,,a !Project,•M,A,P� Initiation Date 9-25-85 ;. ►C - to r Zubeck, Inc. .,.OP i City o f Kenii i Yost arekIle� teby,:'requested to comply with the following changes contract,pluns and specifications: from the Item No. Description of changes - quantities, units, unit prices, change in Increase or completion schedule, etc. (Decrease) Water Improvements 20.07 20.14 (1) Trench Excavation and Backfill (0-12') Add 138 l.f.@Io.00," 1,380.00 -- 60.02 (1) Mechnical Compaction 8" D.I. CL52 Add 138 l.f.@ 1.00' 138.00 60.02 (4) 6" D.I. CL52 Add 78 l.f.@ 21.00 1,638.00 - Add 60 l.f.@ 21.00 1,260.00 i Sanitary Sewer Improvements 20.07 20.07 (1) (2) Trench Excavation and Backfill (0-8') Trench Excavation and Backfill (0-10') Delete 76.8 l.f. 010. 0� ( 7:8.00) 20.07 20.14 (3) Trench Excavation and Backfill (0-12')Delete Add 105 l.f. @ 12.0 468 l.f. @14. 1,260.00 (6,552.00)' 50.02 (1) Mechanical Compaction 8" D.I. CL50 Delete 439.8 l.f. @l. 0� ( 439.SOy Delete 439.80 l.f. 50.04 50.17 (1) Man hole T e Type A @ 21.00., Delete 1 @ 2500.60 (9,233.80), (2,500.00)- Sanitary Sewer Lift Station Delete 1 @ 55000.00 (cont.) II. Net change in contract price due to this C.O. CHANGE IN CONTRACT TIME CHANGE IN CONTRACT AMOUNT Original Time Original Contract Amount t Previous C.O.s Previous Change Orders f 1.` This Change Order This Change Order �I Revised Contract Time Revised Contract Amount i a ,,• (Attached) (Above) is full Justification of each item on tills C.O. including its effect on operation and maintenance costs. This C.O. Is not valid until signed by both the Owner and Engineer. Kenai City Council has to approve all C.O.S. Contractor's stynature Indicates his aproeaent herewith, includinK any adjustment in the Contract sum or contract time. SY .� BY �, ,� i3 •r�gineer Go r for y _ Date �.Zj -gam Date �%'ZS•S weer Date C-0. sent to Oil _ (Coll llt C.O. approved by on -- CHANGE ORDER NO: Project _ MAp Initiation Uato 9-25-85 Contractor 7.uhecka Tome_ City of Kenai You are hereby requested to comply with the following changes from the contract plans and specifications: Item Description of changes - quantities, units, Increase or No. unit prices, change in completion schedule, etc. (Decrease) 50.17 (2) Domestic Lift Station Add 1 0 1500.00 1,500.00 50.18 Domestic septic absorption bed Add 1 @ 7000.00 7,000.00 -- FUR Wuno,t, ML61 i'so OF D- - ---[� City mqr. Attorney NUICAPuhuc :rack: --- � city clerk finalj}�� -._V original T0-.i-1S! ;Ubnlittrd flaw council OK ONO 13 fes Net change in contract price due to this C.O. eqA CHANGE IN CONTRACT TIME CHANGE IN CONTRACT AMOUNT Original Time Original Contract Amount1,665.095.00 Previous C.O.s Previous Change Orders 0 fe'J'45 cj This Change Order This Change Order 9 0); AMP Revised contract Time Revised Contract Amount '� �� •'� T (Attached) (Above) is full justification of each item on this C.O. including its effect on operation and aalstonanco costs, This C.O. is not valid until signed by both the Owner and Ensineer. Kenai City council has to approve all c.o.s. —' Contractor's signature indicates his agreement herewith, including any adjustment in the contract sun or contract time. zy W» By y late leer Contractor Owner Date Date W �4 t..U. strut Lu Oil pal, e 3 of $ C.O. approved by on CHANGE ORDER N0:One Project M.A.P. Initiation Date August 27, 1985 Contractor uback. Inc, City of Kenai You are hereby requested to comply with the following changes from the contract plaits slid specifications: Item No. Description of changes - quantities, units, unit prices, change in completion schodulo, otc. Increase or (Decrease) The cost paid for Type III Classified Pill will be reduced by $0.75 per cubic yard for'the fill taken from the City's Linwood pit as per the "Agreement for Contractor's Use of Sand from the Linwood City Sorrow Pit" signed by the City and Poster Construction, a subcontractor on this project. Estimates 11,000 c.y. x $0.75 $(8250.00) Net change in contract price duo to this C.O. CHANGE IN CONTRACT TIME CHANGE IN'CONTRACT AMOUNT Original Time Original' Contract Amount �Provious C.O.s -0- Previous Change Orders -0- This Change Order -0- This Change Order set mate Only Rovised Contract Time 1110vtsed Contract Amount (Attacked) (Above) to full Justification of each Its* on this C.O. lneludinx Its effect on operstlon'snd maintenance costs, _— this C,O• Is not valid until oixned by both the Owner and I:wxineer, Kenol City council has to approve all C.O.I. Contraeter's signature Indicate# his allroonent i►orewith, includinx any adjustment in the Contract sun or contract time. - , U� Data �11g eer Co for truer O Da to Da to 1 I e E , J 11 'v 4 Q • � I'age 2A of 3 v 0 McLANB & A13130CIATEB INC ROFMSIONAL EN(iiNEEAB, SURVEYOM & R ANN9i9 PA 80X 488 90LOOTNA, AK 99589 907-283-4218 ram, M4 A, P. F"Q.,��T r%ul s oZZ. LOCATION ! G I T �' t4 SHEET OF co 70Y OATS CHECK BY GATE �� ITaNJ 5e.1-1EC>LJ LF $kal 6+4bon tila#L& ikwt ZI q&,+Ib Lk It' Plem ass Add 1 0"A,v 4 V, B. X W74 40 04 Me CAIASVt 114 Ve leh I lk, 6 LF S" m.1. GL 50 (0'•- 8' of W &# VS tZf ZS 44kAml(A rxj tc t WA 544V*.n M Z08+9815 G'nLl. WIA 0,clC}C LO LF 8" 0.1. GL SO CO'-W) s• 208+1619 GildafdjA i.>,ele1'e !00 LF W mI. e-L So e_o'• IZ' ) 27 Go2+$3.S AWIC Add &0 LF a" w. GL. SO too-8') of GGZ 467•5 1• Add 40 LF W 0.1. GL 5Z ( a -IV) 28 10 + ZS A UAL 04el c#c. S46 LF S" c• 1. GL. 5O (p'- IZ') of 13;73 •• Dtkfc. MN 6 AZS 31 ftuvo L+ie Ma ji t, Add I S" G.4. V.a• v. " 807+0,1 to Add 16 W S« 0.1 • GL. S Z to'- IV �- " 00'1#Sl 00 Add 4s LF 8" 0.1. G1. 5o Co'- (or SI3+4(..9 •• 041tf-C 1 S" &I.V• f V•13 . Sz SZ641M.1 mAjic Add Lao LF S'c.I. GL SO eo'- Id 0w.t s2.1 •1 Add W LF V p,1, GL 52 to' - Me F: 4r C.O. sent to ou sty ofKer�i� -2�/.85 .— C.Q. appravod,,by on CHANGE ORDER NO..2 Praj cC,,, Initiation Date 2125/85 „ 111- !•. B=b a e, Swires, Co a rAuf4.wr_Z,a Gl../�.,.:1'�d _ City of Kenai actor You nro.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) 1. 60 IF 12" CL 52 dip Water line replacement @ $45.00/LF $ 2,700.00 2. 360 IF Mechanical compaction for 12" water line replacement @ $1.00/IF 360.00 3. 360 IF Trench excavation and backfill for 12" waterline replacement C hooey 2,160.00 Repair and replace fire hydrant leg on east end of Rnblebee �4. Street raider force account per City of Kenai request 8,171.48 5. Furnish and install (2) 12" gate valves and transition 3,654.94 -/ couplings on existing waterline, 2 each @ $1,827.47 Not change in contract price due to this C.O. $17,%6.42 CHANGE IN CONTRACT TIME CHANGE IN CONTRACT AMOUNT I (Attached) t>+her'e; is full justification of each item on this C.O. inCluding its effect on operation and salntenanco Cost$. - 'his C.O. is not valid until signed by both the Omar and inginoer. Kenai City Council has to approve ati r..0.4. Intractor's signature indicates his soressent herewith, inCluding any adjustment in the Contrset sum or Contract time. BY By Engineer ontracto wner t to Date — Date 21 Date ( I I i1 'If 1 EAST ALIAR, NOR3'H HIGMSH, SOtTrH HIGiB>f23H, BUMMEE, SWIRES nra FiC�TrOH EAR CMaE ORDER NO, 2 1. Water main replaced in addition to quantity approved on Change Order No. 1. Additional quantity required to replace main on E. Aliak to intersection at Highbush. 2,3. Trench excavation, backfill and compaction for 60 LF per Item 1, Change Order No. 2 and for 300 LF of trench per Change Order No. 1. 4. Waterline required repair. Authorization received for force account per memo from City on August 7, 1985. S. One gate valve needed to be replaced as part of waterline replacement to avoid having two (2) short sections of AC waterline left in the intersection on either side of existing 22" valve. Such an installation would have been likely to break due to uneven settlement. The other gate valve was added to provide additional flexibility to the City for future water shut-off's necessitated by modifications or repairs to the system. i AV MV. ...troy X A119 Walks � Calk �6Y'trui YY. ots fly. ;A-- GUM ORDER W. 2 E. ALIAK, No HIMUBH,, s. HWHBUSH, BtISMEL, SWIM iTA�I NO_ 5 Force Account Work 9-13-85, Furnish 6 install Gate Valves East Aliak sTAs 21+94 6 STAs 22+04 MATER=s 1r Gate Valve 0942.00 10' Valve Box 100.00 Rome Coupling 120.50 Freight 100.00 subtotal 1,262.50 I 250 Mark -Up 199-37 Total 1,451.87 MATERIALS 81,45IJ7 B=Pxws Cat 245 Backhoe 1 Basr 0 0205.05/hr. BOMPMW ZQLM 1A80Rs Operator 1 Hour $024.47/hr + 06.50/Ben • 030.97/hr. Pipelayers 4 Hours 0021.34/hr.+ 6.451sm - 027.79/hr. 111 16 SW*A t l 142.13 20* P 6 0.8o, 21.42 Total 0170.55 LABOR 170.59 ROM EAR 01427.47 (TO3AL FOR PO10. ACCW B2.65.4.94) Y j )} i r II IIl 3 I. I • - I i O#4, CITY OF KENAI "Oil 0apiW c j 4" 210 RIOAL00 K6NA1. ALASKA Mil TELO14ONS 2$3 • M5 September 24, 1985 MEMORANDUM TOs Kenai City Council �����,+� FROMs Dana Gerstlauer, Administrative Assistant�1+"'"`l REs Approval of Lease - Alaska Rent -a -Car (Avis) At the regular meeting of August 21, 1985, the Kenai City Council directed me to obtain additional information from Alaska Rent -a -Car (Avis) regarding their financial status, as well as i identification of corporate officials. This information has been supplied by Alaska Rent -a -Car (Avis) and is attached for your review. /d Attachment J � i i I AVIS RENT A CAR SYSTEM / 80X 6028, ANCHORAGE, ALASKA 09002 ` September 3, 1985 LICENSEE Ms. Dana M. Gerstlauer Administrative Assistant City of Kenai 210 Fidalgo Kenai, Alaska 99611 C=TFIED MAIL -RETURN RECEIPT. XWEeM Dear Ms. Gerstlauers With reference to your letter of August 22nd Which was read with astonishment, we wish to advise as followss 1. We would not expect any of our officers, Who are merely employees, to take personal liability for a corporate lease any more than we would expect a State of Alaska or City of Kenai employee to accept personal liability for a state or city lease. We have leases with various entities throughout the State of Alaska and have never heard of such a requirement. 2. So far as fiscal responsibility is concerned, we have been in business for 30 years. The City of Kenai is certainly well aware of our longevity as we are your oldest car rental tenant. TWo of our officers were honored guests at the cererony dedicating the Kenai Airport Terminal many years ago. 3. Corporate policy precludes dissetsirsatfon of financial information to other than participating financial institutions; however, relying on the City of Kenai to maintain the strictest confidentiality, we enclose a balance sheet taken from the books and records of the corporation as of 7/31/85. 4. Our corporate officers aces B. M. Brady - President Rolf A. Klug - Sr. Vice President - Marketing John B. Hayes - Vice President and General Manager Donna E. Loeb - Secretary/Treasurer S. Our Pesident Agent is: Brian J. Brandin, Attorney At Law Hughes, Thorsness, Gantt, Powell and Brandin 509 West Rhird Avenue Anchorage, Alaska 99501 Very truly yours, ALASKA RENT A CAR, INC. '71'lL�L L scm B. 14. Brady "'closure / 19071 243-4300 I i ' 1 •y . AVIS RENT A CAR SYSTEM / BOX 6028, ANCHORAGE, ALASKA 99502 / 1907) 243.4300 i iLICENSEE {y- BALANCE SHEET ASSETS Cash on hand and in banks Accounts Receivable, trade less allowance for doubtful accts Accounts Receivable other Prepaid Expenses Inventory at cost, less depreciation Buildings & proprty, less depreciation Total Assets LIABILITIES Accounts Payable, trade Accrued expenses, other Notes Payable Total Liabilities Capital stock & Retained Earnings Total Liabilities & Capital �i i 7/31/85 $ 261,395 343,373 685,121 137,098 2,383,294 1,138,679 $4,948,960 53,495 213,316 2,870,581 3,137,393 1,811,567 $4,948,960 Taken from the books and records of Alaska Rent A Car, Inc. as og July 31, 1985 +� Secretary Treasur8r o .3 1. 1 •„ 1 jj1 Tw mOat39 urr •rrort+ CnY 0� xEsW • o ,or w rrwr. MI�S4►wMt sans LEASE OF AIRPORT FACILITIES THIS AGREEMENT, entered into thin day of , 1985, by and between the CITY OF KENAI �TEy Hall, 2 0 ► al o Street, Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City" and individually and ALASKA RENT A CAR,-*/b/a 60 Aircraft Drive, Anchorage, Alaska 99502, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, dean hereby demise and loose to the Lossoo the following described property in the Kenai Recording District, State of Alaskat to wits Counter apace, first floor, terminal building, Kenai Municipal Airport, as currently occupied A. PURPOSEs The purpose for which the Lease is issued ism Counter space for rental of vehicles and sales of personal accident insurance, and for parking of rental cars B. TERMs The term of this Lease is for 3 years, commencing on the lot day of July, 1985, to the 30th day of June, 1988. C. RENTAL PAYMENT: The rental specified herein shall be payable as followas 1. Right of entry and occupancy is authorised as of the lot day of July, 1985. Rental for the period July 1, 1985 through Jure 30 1986 shall be computed at $1.65 per square foot per month for 106 square feet of terminal space, for an annual fee of $2,079.00, including tax. If the annual rent exceeds $2,400, then the Lessee Ny opt at the time of the execution hereof or at the beginning each now Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or eforo the first of each month thereafter. The amounts of rents or fees specified herein shall be subject to increase based on the per square foot rats set by City Council effective July 1 of each year. 3. In addition to the rents specified above, the Lessee agrees to pay to the appropriate parties all levies, sseesements, and charges as hereinafter provideds (a) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (b) Interest at the rate of eight percent (8r.) 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. (c) Additional charges, if any as set forth in Schedule A, attached. LCA-1 LESSOR: LESSEE: e D. GENERAL COVENANTS, 1. USESs Except as provided herein, any regular use of lands orTilities 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, ouch as passenger terminals, automobile parking oreon, and streets. 2. USES NOT CONTEMPLATED PROHIBITED: Solicitation of donations or the promotion or opera ono any part or kind of business or commercial enterprise, other than as specifically set forth herein, upon, in or above airport lands, without the written consent of the City to prohibited. 3. ASSIGNMENT OR SUBLETTING: Losses with City's prior written consent, which will not be unreasonably denied, may assign, in whole or in part, its rights as Lessee hereunder. Any aaaignee of part or all of the leased premises shall assume the duties and obligations of the Lessee ea 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 EXPENSESs Costs and expenses incident to this lease, including u no limited to, recording costs shall be paid by lessee. $. TREATMENT OF DEMISE: The Lessee agrees to keep the promises almen and in goo or er at its own expense, allowing no damsppe, waste, nor destruction thereof, not removing any mate slal therefrom, without written permission of the Cityy At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the promiasato the City. 6. PAYMENT Of RENTS Checks, bank drafts, or postal money orders shall be izdc sayable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska. 7. CONSTRUCTION APPROVAL AND STANOAROSs Building construction shall be nest and presentable and compatible with Its uses and surroundings. The cost of any additional Improvements to the terminal space shall be at the lossee's expense. S. DEFAULT RIGHT OF ENTRYs Should default be made In the payment of any por on o ho tent or foes when due, or in any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force, then in such event the City shall by written notice give Lessee thirty (30) days to as such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take possession of the promises, and remove all persons therefrom. 9. LEASE UTILIZATION: Leased space shall be utilized for purposes w n t e scope of the application (made a part of this Lomas and attached hereto) the terms of the Lease, and in conformity with the ordinances of the City and Borough, and in substantial conformity with the comprehensive pion. Utilization or development for other then the allowed uses shall constitute a violation of the Lease and subject the Lease to cancellation at any time. 10. CONDITION OF PREHISESs The premises demised herein are unimproved and ar--e—re—a-s-0 on an "ae is, where is" basis. Taw stases un.nawr Cm Of KINA •O a,r .ewr .usr�wu� sasmr LCA-2 LESSOR: LESSEES rw moan$ c v4nQnRv Cry OF xt►A •0 We fe .ew. Aut.A w#i m"s► 11. OFFER TO LEASE ACCEPTANCEs The offer to Issue Is made subject to app I I out an awn an regulations of Cityy and may be withdrawn without notice at any time after thirty (3b) days from submission thereof, unless within such thirty (30) days the Lomas# executes and returns the lease to the City. 11. UNDERLYING TTTLEs The interests transferred, or conveyed by this Lease are nu oot to any and all of the covenants, terms, or conditions contained in the Instruments conveying title or other Intorosta to the City. 13. RIGHT OF INSPECTIONS City shall hove the right at all roe aonab o mom o not ee the promises, or any part thereof, for the purposes of lnapeetion, 14. INDEMNIFICATION AND INSIIRANCEs Leooee covenants to save the City arm nos tom a ao no, suites, liabilities, or damagges resulting from or ariaing out of any note of commiaelon or omission by t1h9 lenses, his agento, employee", customers, invitees, or arising from or out of the Losses's occupation, or use of the premiaon domised, or privileges granted, and to pay all costa connected therewith. Lessee, at the expense of Lessee, shall keep in force, during the term of this agreement, insurance losued by responsible insurance companies authorised to do business in Alaska, in forms, kinds and amounts so determined and directed by the City for the protection of City and/or Lessee. Insurance requirement hereunder shall be subject to the oolo determination of the City. Said Insurance say include, but need not be limited to Insurance coverages commonly known as, or similar in kind to, public liability, products liability, property dosage, cargo, aircraft, fire, workmen's compensation, comprehensive, builder" 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 thersto 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 tine so all insurance directed end required to be furnished by Lessee is in full force and •!feat. Lessee expressly understands and agrees that any insurance protection furnished by Lessee hereunder she11 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 of certified wail to City by the insurance company. Until otherwise directed in writing by the City Manager, Leases shall provide certificates of insurance within thirty (30) days of the date hereof as followas Comprehensive General Liability Combined Single Limit (Bodily Injury and Property Damage) f 11000,000 Workmen's Compensation - Statutory limits LCA-3 LESSORs LESSEES r- Automobile Liability Combined Single Limit (Bodily InjuryY and Property Damage) i 1,000,000 Aircraft Liability Public liability and property damage (combined with single limit) with no sub -limit for paaaanger liability $10,000,000 Notwithstanding anything to the contrary, if Leanne foils or noglecto to secure required insurance or if said policy or policies are terminated, altered, or changed in any manner not acceptable to the City, then and in that ovent thin lease may he cancelled and terminated, without penalty, on five (5) daya written prior notice to Leaeee. 15. COLLECTION ON UNPA10 MONIESt Any or all rents, charges, fees, or o er cons era ion w eh are duo and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Leaooe and Lessee's pr000rty, real or personal, and the City shall have ouch lien rights as are allowed by law, and enforcement by distraint may be made by the City or its authorized agent. 16, LEASE SUBORDINATE TO FINANCING REO11_IRf,MENTSt Lessee agrees that Cl y may modify a Lorne o urea revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the Vdification shall not act to reduce the rights or privileges ented the Losses by this Lease, nor act to eauae the Lessee financial loan. 17. SURRENDER ON TERMINATIONI Lessee shall, an the last day of the term or this Lease or upon any earlier tor - urination of this Lease, surrender and doliver upon the promlaaa Into the possession and use, of City without fraud or delay in geed order, condition, and repair, except for reasonable wear and tsar since the lost 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 sires of all lions and encumbrances other then those crested by and for loans to City. Upon the and of the term of this Loose oe any earlier termination thereof, title to the buildings, iurprov*Monts and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sole t�ioroon, However, if City should require any such document in confirmation hereof, Lasses shall execute, acknowledge, and deliver the some and shall pay any charge, tax, sad fee ssserted or imposed by any and all governmental units In connection herewith. 10. RULESs Laseea shall observe, obey, and comply with all applic a rules, etc., of the State or Federal Governments. 19. AIRCRAFT OPERATIONS PROTECTED: (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 possage of aircraft In the airspace above the surface and • 1 improvements approved by the City of the promises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now or hereafter used for nsvigetion of or flight in the air, using said airopaee for landing at, taking off From, or operating on the Kenai Airport. 1110"am 20. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSIONI ufi"""°"rtv City hereby agrees and cuvenan a that the Lesove, upon paying - MY O►K&W rent and performing other covenants, terms, and conditions of .Irw '.O WE ^awAWO this lease, shall have the right to quietly and peacefully hold, ransr LCA-4 LESSORS LESSEE$ I� f t •' t r1 uss, occupy, and enjoy the said leased premises, axeept that any Inconvenience caused by public works projects in or about the lessohold premises Shall not be c-nstruod as a denial of the right of quiet or peaceable possession. 21. LESSEE TO PAY TAXESs Lesoee shall pay all lawful taxes an aosossmen s whicht during the term hereof may become a lion upon or which msy levied by the State, Borough, City, or any other tax levying body, upon any taxable posseanory right which Losses may have in or to the property by reason of Its use or occupancy or the terms of this lasso, provided however that nothinq herein contained shall prevent Losses from contestlnq any incresne in such tax or asonoement through procedures outlined In State statutes. 22. SPECIAL SF.RVICESs Losses agroos to pay City a reasonable charge for any spec al aervican or facilities required by Lessee in writing, which services or facilities are not provided for herein. 23. NO PARTNER511IP OR JOINT VENIURE CREATf.Os It is expressly under; 0o e e y n a not be cons rued or hold to be a partner or joint venturer of Lessee In the conduct of business on the demised premisess and it is expressly understood and agreed that the relationship between the portico hereto to, and shall at all times remain landlord and tenant. 24. DEFAULT BANKRUPTCY F.TC.S If the Lessee shall make any assignmentor he ens o croditoro or shall be adjudged a bankrupt, or if a receiver is appointed for the _ Lessee or Lessee's assets, or any interest under this Lasso, 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 Losses, then and in any @vent, the City may, upon giving the Lessee thirty (30) days' notice, terminate this Issue. 25. NONDISCRIMINATIONs The Losses, for himself, his heirs, personal representatives, Su Seep i s tt nd assigns, as a part of the consideration ��eb4, 868i �ii>te�y covenant end agree as a covenant running with the land, thats (a) No person on the grounds of race, color, or national origin shall be excluded from partio! ation In, denied the benefits of, or be otherwise subjected to discrimination in the use of sold 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 natlonai origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination$ (a) The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulation;, 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 amendedi (d) In the event facilities are constructed, maintained, or otherwioe operated on the said property TW "at" described in thl6 Lease, for a purpose involving the ""c""' provision of similar seeviasa or benefits, the Lessee shall maintain and operate such facilities and services ON OFMMM in compliance with all other requirements imposed A"Aq%J1 purousant to Title 49, Code of Federal Regulations, Sn»sr Department of Transportation, Subtitle A, Office of the LCA-5 LESSORS LESSEES i i ` 1 i I y (f I I I 1 j 0 Secretary, Part 219 Nondiscrimination in Fedor slly-aeelstad 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 VALIDITVt If any term, provision, oondltlon, or par o INa *sea is declersd byy a court of competent ,jurisdiction to be Invalid or unaonstltutlonal, the remaining terma, provisions, condltlona, or parts shall continue In full force and effect as though such declaration was not made. 27. MODIFICATIONSt No lasso may be modified orally or in any manners or an by an agreement in writing signod by all parties in Interest or their nuceessarn in lntarealr. Any such modification shall require Council approval. 28. MARRANTVt The City doaa not warrant that the property which Ti- tho subject of this Lease is suited for the use sutherixed herein and no guarantee is given or implied that it shall be profitable of suitable to employ the property to such use. 29. COMPLIANCE NIT" LANSs Lese*@ shall comply with all applicable laws, oe nanaos, and regulations of public authorities now at hereafter in any manner affecting the leased promises or the sidewalks, Alleys, str9ete, and wayU adjacent thereto or any buildings, atructurea, fixtures and Improvements or the use thereof, whether or not any such laws, ordinances, and reggulstlone which may be hereafter enacted Involve a change of polloy on the part of the governmental body enacting the same. Lessee agrees to held City financially hermleoss (a) From the cons equenoes of any violation of such laws, ordinances, and/or regulstional and (b) From all claims for damages on account of lnjurisa, death, or property damage resulting from such vlolatlan. (a) Leseas further agrees it will not permit any unlawful occupstion, businsss, or trade to be conducted on Bald premiss* or any usa to be made thereof contrary to any law, ordlnsnoe, or regulation as aforesaid with respect thereto, including zoning ordinances, rules, and regulations. 30. CARE OF PREMISESs Losses, at its own cost and expense, shall keep trio ease premises, all Improvements which at any time during the term of this Lessss may be situated thereon, and any and all appurtenances thereunto belonging, In good condition and repair during the entire term of this Lease. 31. LESSEES OBLIGATION TO REMOVE LIENSs Lasses will not permit any ens nc u ng, u no m e o, mechanics', laborers', or wsterisiwsn'ss liens obtainable or available under the then existing laws, to stand against the loosed promises or improvements for any labor or material furnished to Lessea or alaimed to have been furnished to Lessee or to the Lassoes$ agents, contractors, or subiessess, 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 losses, provided, however, Leese@ shall have the right to provide a bond as contemplated by Alaska law and can out the validity or amount of any such lien or claimed lien. On final determination of such lion or such claim for lien, Lessee will ftMRoams immediately pay any judgement rendered with all proper costs sr un.$urns, charges and shall have such lien releaned or judgement sotlsfier,- 01YOFFUM at Leeoee's own expense. •oWow .Irw MAi��fa�� at►ur LCA.b LESSER: LESSEES ' I I � I a I 0 S IN Magns oar•1004. MY OF xtrsrss •osam •,wr..urn.«n saner 32. CONDEMNATION: In the event the leased premiasa or any part thtroof shall be 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 such division of the procoeds, 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 ahaI be determined by arbitration provided in Item 33 hereof. 33. SURRENDER: At the expiration of the term fixed or any sooner term na on of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 34. PROTECTION Of SUBTENANTS: 10 protect the position of any su anan s hereafter properly obtaining any interesto in the lossehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, expiration, or surrender of this Leave (the ground loose), the City will accept the Subtenant, it successors and assigns, as Its losses for a period equal to the full unalapsed portion of the term of the sublease, including any extensions or renewals thereof, not exceeding the term of this Lease, upon the some covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the torn* and conditions of this Lease, provided ouch 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 tbs sent force and effect so though such sublease was originally made directly between the City and such subtenant= and further provided such subtenant agrees to comply with &.1 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, except the payment of rent under the ground lease and the payment of any debt service under any such mortgage, dead of trust, or security assignment. 3S. SUCCESSS IN INTEREST, This Lease shall be binding upon an a aORnure o e tnsfit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment so are provided for herein. 36. GOVERNING LANs This indenture of Lease shall be governed in all spe—reoffe-6y the laws of the State of Alaska. 37. NOTICESs (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope 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 ease shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the dote 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 (mortga Be, beneficiary of a d ed of trust, security assignee) who shall have given �he City notice of such mortgage, dead of trust, or aocurity assignment. LCA-7 LESSOR: '4041— LESSEES d M y f q (b) Any such addressee may be chengod by an sppesprints notice in writing to all at parties affacted provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (19) days prior to the giving of the particular notice in luaus. 36. ENTRY AND RE-ENTRYs In the event that the Lease s should be terming as hotainberore provided, or by summary proceedings or otherwise, or In the event that the demised lands or any part thereof should be abandoned by the Lennon during sold term, the Lessor or its agents, sorvnnto, or representatives may, Immediately or any time thereafter, re-entoy, and resume possession of said lands or such part thereof, and remove all persons and property therefrom, either by summary gain or 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. 39. RETENTION OF RENTALS In the event that the Lease should be erm na a ocauso of any breach by the Lessee ae herein provided, the rental payment lout made by the Leases shall be retained by the Lessor as partial or total liquidated damages for said breach. 40. WRITTEN WAIVER: The rocelpt of rent by the Lessor with knowledge or any reec 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 deemed to be a waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any convenant or provision therein contained, nor any waiver of any right thereunder by thr- Lessor, unless in writing, shall discharge or invalidate such covenants of provisions, or affect the right of the Lessor to enfores 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, f hor after the giving by the Lessor of any series thereunder to oct 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 sonny or other consideration, unless so agreed to in writing and signed by the Lessor. 41, EXPIRATION OF LEASES Unless the Lease is renewed or sooner torainatoT as provided heroin the Losses shall f::c:m"I and quietly leave, surrender, and yield up unto the aos al of the loosed land on or before the last day of the teem of the lease. 42. FIRE PROTECTION: The Losses will take all reasonable precautions to prevent, and take all necessary action to supreas destructive or uncontrolled fires and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leaved premises are located. 43. MUTUAL CANCELLATION: Leases In good standing may be cancelled n woe of In part at any time upon mutual written agreement by Lessee and the City Council. 44. UNLAWFUL USE PROHIBITED: Lessee shall not allow the leasehold promises to e use or an unlawful purpose. TOOX00ras 45. APPROVAL OF OTHER AUTHORITIESs The issuance by cwArgwa' the City of lesson does not re eve the I ou of reeponsibilicr' COY O►KINM of obtaining licensed or permits as may be required by duly 'O "-to authorized Borough, State, or Federal agencies. •aw Aur..wui LCA-8 LESSOR: LESSEE: I" . TW scan$ taranowr C" OF amm r 9 WS We ^AUA Mt1 M )f70 IN WITNESS WHEREOF, the parties hereto have hereunto oat their hands, the day and year stated in the individual acknowledgments below. LESSORS CITY OF KENAI Sys William J. Brighton City Manager LESSEES INOIVIOUALLYs ALASKA RENT A CAgt d/b/ AVI ENT A CAR Name Sys Title 7 7� STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) TH �' ij.�! STO C RT fY that on the G�7'c.ccday o r 1985, I r t on the y sa well o n representative capacity, being personally kno wn ito a or having produced satisfactory evidence of identification, ap eared before se and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf ffssaid c poration. NOLry ' Public for Alaska - My Commission Expiress �'P8 STATE Of ALASKA ) THIRD JUDICIAL DISTRICT )so THIS IS TO CERTIFY that on this day of , 1985, WILLIAM J. BRIGHTON, City Managed the City Or 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 u c for Alaska My Commission Expiress Approved as to lease form by City Attorney ,��Ja s Approved by finance Director n�- n a s Approved by City Manager n a S LCA-9 LESSORS LESSEEs w to Amin vrr Afraa,r CRY OF ztruu .oa.v .uw wwAa%n map SCHEDULE A Lease dated the day of , 1985, between the CITY Of KENA1, a home -rule munieipTorporation oTNiaska, hereinafter called "CITY" and ALASKA RENT A CAR, d/b/a AVIS RENT A CAR, LESSEE. 1. In addition to the rents specified on the per square foot boots LESSEE agrees to pay to the CITY an additional charge of tan percent (10%1 of LESSEE'S gross receipts on a monthly basis for the privilege of conducting businesses authorized heroin. 2. Each vehicle for hire transaction shall be by a separate agreement, and any extension of use of the period of time originally contracted for shall be considered a separate transaction. The Contractor shall furnish to the Airport Manager, for auditing purposes, the block of contract numbers that will be used for agreements covering business originating at the Kensi Municipal Airport, and shall further advise the Airport Manager when additional contract numbers are assigned for the Airport operations. 3. Cross receipts of the vehicle for hire business shall include, but are not limited to, the total amount of the time and mileage charges and sales of Insurance on vehicle for hire transactions, but shall exclude reimbursement for vehicular damage and fuel. 4. All payments shall be made monthly within ten 00) days after the end of each month; and shall be accompanied by a separate certified statement showing gross receipts from each of the businesses herein authorized for the month for which payments are made. If any such certified statements are found to be incorrect statements of gross receipts for the month involved, any additional amount determined to be due the CITY shall be immediately paid to/ - the CITY by the Contractor and any amount of overpayment by the Contractor shall be credited against the next monthly payment due the CITY under this - agreement. 6. The purposes for this lease are as follows: (s) The right to conduct a business on and from the Airport for vehicles for hire and sale of personal accident insurance. (b) The right to conduct the business of making errangemente for hunting and fishing trips, for air taxi services, for charter flights, for tent -a -plane services, for motel and hotel reservations, and for iong distance telephone and telegraph services. (a) To occupy counter space in an area and in s size designated by the Airport Manager. Such counter to be constructed by the Contractor with size and design to be approved by the Airport Manager. Such space shall not be used for any other purpose except pursuant to a separate agressant for authorization from the CITY. (d) The right to use parking space for ten (10) vehicles at spaces in parking areas as designated by the Airport Manager. (a) If LESSEE requests additional parking spaces and if the Airport Mansger is able to provide additional spaces, such spaces will be billed at $20.09 per space per month. 1 LESSER: 1.j:;Adfj LESSEE: i - ti+ w r� - — - - - „ Na f ------ i�liGii�i -- -- - -- - - - MEMO TO: Kenai City Council FROM: Charles A. Brown, Finance Director 'William J. Brighton, City Mansger V41r DATE: September 24, 1985 SUBJECT: Assessment Petition, Gov. Lts. 45 - 46, Sec. 34,T6N, R11W j On August 30, 1985, the City received an assessment petition for water and sewer for four lotss 045-200-10 through 045-200-13. I In order to service the four lots, we would need to run approximately 1000 feet of water line and 550 feet of sewer line. Apparently, the I , water table is quite high in this area, resulting in high construction coat estimates. In addition, the route of the proposed sewer line is in a 20 foot easement. Public Works believes that this is too small ' considering the conditions, and that the City would have to acquire f additional easement and sight -of -way. i The petitioners have asked that their assessments be limited to 20% of costs. The following exhibits are attached for i g o your review: Exhibit 1: identification of lots and spread of costs. { i Exhibit 2: route of water and sewer lines. Exhibit 3s memo from Public Works Dept. f As noted on Exhibit 1, two additional lots will benefit from the i installation of water.. In view of the high cost, , $166,876, to provide sewer to four lots and water to six lots (including two that their owners haven't requested water), the administration cannot support this construction. This is i particularly true When you consider that the petitioners have limited the assessments to 20%, or $33,376, leaving $133,500 to be paid by the taxpayers of the City. The City knows of no grants available for this work at this time. i The City has not formally set policy regarding the percentage of costs !j to be assessed. However, recent experience indicates that Council 'I views two types of districts: Property owners petition the City for work that the City had _ Y Y -- , not contemplated performing. - I 2) The City desires to perform certain work and asks that the _ property owners participate in the costs. I F . I ? t I 1 • ur Type #1 districts have been at 100% (Eadie's, Stellar, Inlet Woods, Sprucewood Glen). Type #2 districts have been at less that 100% (Aliak/McCollum — 25%). The type we have here is similar to type #1; the City hadn't planned on this work. The administration believes that the taxpayers should not support the work; if it is done, it should all be assessed, just like we did in the Eadie's Way district. Therefore, the administration requests that the City Council adopt a motion rejecting the formation of this assessment district based upon an unfeasible financing plan. n 'I .• i t I e"� WUV. LTS. 45 L 46, SEC. 34, ARRESSEO HnUARE WATER HEWER lUlAl. AbliESH. T6N,R11W,SBbM NAME. VA11.11-: FFOUTAOE ASSESS. ASSESS. ASHES3. 0 ._.-'0100x �-41100X 01U0% .. 20% 1 045-200-11, LT 45, EXC.-' » W 100' OF 8 125' TI-NSELIN, JOHN h URENOA 15,600 75,412 40,810 26,451 6.7,261 13,452 045-200=10, W 100--OF S -1251- ~- r OF OOV. LOT 45 WH I TF, THUMAS L. I HA 44,900 12,500 6,764 4,394 11,148 23c1 045-200-13, OISSUN SUB L1 2 RUTALN, JACK & CAROLYN 66,500 44,251 23,950- 15,523 31,413 7,111fi 045-200-12, SISSON SUB LT 1 bM8LFY, LAWRI:NCk L 1111:1.MA 18,000 44,241 23,941 11i, 518 3Y, 4 :9 7, BY?. 045-180-119 80V LT 24, POR. _. .. S. OF SPUR HWY HHARRAH, JIM & MARGE 1,000 8,775 4,749 0 4,749 NFo0 045-180-099 80V LT 25, POR. o S. OF SPUR HWY * FISL'HER, HELEN & EOWAIIO 5,000 8,R44 4,766 0 4,786 957 TOTAL 194,029 105,000 61,816 166,876 33,316 .ram I �'-•---------• - - _. _. - ._. _ . __._._ --- - �.__.._.._ _..�..__ v � . iMT f *f4.4" •fr.., v41'e+. r• C .1 7 ' l a I . I 26 25 P4 t 1 33 29 t 28 27 26 Iwo, r(I fr. soon it »_ 0109011 ._ r.41. IV 1 45 46 47 A 0 c 4j, VMA9 AACF 'a 11049" f, I i A A l t,t It 65 1 2 1 0 4 1 7 PON# ;ione) 11/.4 1# F FG- E615--l' 10-6 U414V ]a 1021 H 340V If LEGM00 I Fx4; b; t- J CITY OF KENAI CapiW 4 44"01 210 RIDALQO KENAI, ALASKA 991111 T&EPMONB 9{3. 7898 September 19, 1985 MEMORANDUM TOs Charlie A. Brown FROM: Jack La Shot 4 SUBJECTS ASSESSMENT PETITION - GOV. LOTS 45 b 46, SECTION 34 Attached is a suggested route to provide water and sewer to the referenced lots. Due to high costs of construction and the need for additional construction easement and right-of-way, 1 would not recommend approval of this Assessment District. Coates Construction - Water $ 70,000.00 - Sewer $$ 41�0_00 Engineering, Inspection, Surveying, Testing, etc. 25% Construction $ 279813.000 ���9,U63.00 Contingency - 20% $ 27,813.00 TOTAL $166,876.00 JL/ew i N � N S 1 September 27, 1985 MEMORANDUM V ~Y 0 CITY OF KENAI " Del G'dprsil 4 4"„ 210FICALCIO KBNAI,ALASKA ON11 TiWHONB 283. M5 TOs Wm. J. Brighton, City Manager FROM$ Keith Kornelis, Public Works Director SUBJECTS 1985-86 CAPITAL IMPROVEMENTS PROJECTS FOR CITY COUNCIL MEETING OF OCTOBER 2, 1985 Below is a list of the projects that the City Council choose for construction using the $2.3 million State Legislative Grant. This list was derived by the Council at the work session of September 23, 1985. The costs listed below are rough estimates j in thousands of dollars. Robins Kenaitze Eagle Rock Sand Piper, lernt a btrawberry_- Adginistration 1 Inspect/Survey/Teat 20 Construction 230 Contingency 9 270 S. Spruce St. -Sur to Beach - P a ParkingLots mns ration 1 .I� Inspect/Survey/Teat 26 Construction 339 . �., Contingency 34 400 Juliussen Basinview, Ames era eran er `Administration' 1 Inspect/Survey/Test 46 E ) Construction 633 Contingency 50 ` Future LID Old Town,- ROW + t � r 730 500 150 Iry _ I 'y Airport Way - P Admi-niat-ration 1 Engineer Design 26 Engineer Inspection 37 Construction 461 Contingency 45 570 TOTAL 2 ,M I received the construction cost estimates on the first three projects from Oceentech, Design Engineers. They are approx- imately 90% complete on the construction plans and specifications for these three projects. You will notice that the third project (Juliussen, Basinview, Ames, Barabore and Angler) has increased considerably. After completing the quarterly computations, soils testing, and surveying for design on these five roads, the design engineers found considerably more work than originally anticipated. Most of these roads are upgrading of existing roads with the exception of the extension on Ames, which the Council added to the project after receiving a request from the residents -" in that araa. If you recall the y property owners even gave up part of their private property to create a public right-of-way for the construction of this road extension. As you can see from the figures listed below, the City is $3209000 short from completing these projects as estimated. ' $2,6209000 - Estimated Project Cost $2 300 000 - 85/86 CIP Grant i - Short The City Council does have many alternatives, such ass 1. Cut -back on the amount of work to be done on one or all of the above projects. 2. Contribute $320,000 of General fund CIP Reserves. 3. Eliminate one of the above projects, completely. One thing that the Council might consider is cutting back on the funds set aside for future LID projects. If you notice all of the construction projects listed above, plus the ones we presently have under construction, have a contingency fund for possible problems encountered during construction. At the end of the project we usually have funds left over in the project that could be reallocated for use in the future LIDs. Charlie and I were going to draw up an ordinance appropriating the $2.3 million for Council consideration at this next meeting using the above projects. However, we have not because there are insufficient grant funds at the estimated project costs. Since there is no emergency rush on the ordinance we have decided to wait until the Council gives us more direction on how to handle the expenditure of these funds. J KK/ew r r' O frt�.1 Ataalte 080onfsint o1 pevenue F,10119 services pwtatan Auwu SA •WNaaY. Alsond 0111144"0 Games of Chance and Contests of Skill PERMIT APPLICATION w. Calendar year 1985 FEES; $20.00 due with application;1% of entire net proceeds due vnth Annual Financial Statement. FlsaAreed the 11161tuations afore oonrpletinQ nits application. L vame oI Crganizaaon NEW APPLICATION Kenai Peninsula Hockey Assn. alnc. 14A. NumoerofYears Organization MititnQ address His Been in Existence in Alaska: $cx 1964 I The following must be suom,tted with this application; C.ty, Stare,:io Code Current Alaska memoelsn,p list (must have at least £o=dctna, Alaska 99669 25memeers); - • it a sr Crga +t:�ttrn, lChecx the a00r00riatl OCx. Refer t0 CerUt*I fruit C00y of articles Of (ncof00tallOn or, it not 43 �2 :::'C and 18 AAC 109,010-100 for derints,oriv tncoroaraled, copy a: Isylams and national and state Fhlfce or airs Oepanment and Company i charters: COPY of IRS certificate 9t sax exemption,ssued to non• =Mun-CtDallty C;vsc or Service profit organizations, ,t Azolicacit Religious '- Dog Muenerd' Aedoc;atlon j Name and'Aatling Address If National Organization lit a0pliea01e1 .. {;nsfits0lf political i � Pralemal - Non-profit Trade $ Eaucational Association Fisning Derby Association Veterans 148, 01E94E-NALAPPLICATICN _ Labor, Outboard Motor Association 1 I Most lies silt 8 �- 6 il 4 Year Permit Number: Issued 1 _o S 4 2. Crppptzea % IChg��ffcc the appropriate box,1 The following must be su:mivad with fills application: :4Cn-. ro ,1t — { ..Srborasron Association Panrtersrta - Curren Alaska memcerat.;o tfat rmuss nave at least Rirm '� Company 2'1 merr00fs1; = Coov ,;, amenomentvo cvlaws, It any, S, =m ClUsts imust be current, bona rice memovrs,n g00d atand,n6) NAME TITLE DAYTIME PHCNE NUMBER P.ogers Presider.: 2? 3- 2441 Scb Downs lot Vice President 292-5159 + Ji.� love 2nd Vice Presieen: 2 2-7949 j Xarsn Gcnzalez Secretary 222-4226 i -ccnr._e Blaylock Treasurer 2a2-4240 i 3. Tvboss.: u4f^46 :o oe Conauctso, List types of games::y cemmc s name tf osner :na a :nape ttsiec. sea -S 3,19,1813, AS:.3,:8.Zt0: It AAC I — a, Bingo ;NCTE, Bingo g a RAMOSbLtterses = e, 00;'Ausnera :cr.:ez:s = n, AninCSa61143 r VMS$ must not be fiva mare than 3 ac:sslors = e. Pulptabs = �, Fier :seared _ r, Ctner•P•aaoe-ts:s •n a :aivicar monsn t w.ftt no n'ilre :Men -5 _ d, rceC:aasics � j, :rnieL:fOt3'.rtl pf-as Der tags:cn 3r series �r•,smes., 7r_VACEBE::V3'E:8='/EZM:,%ZE•/E'...c - P•tr-•tf •..•r•.-s,. 1 1 :isi :• 3zua. Zd4031F4v'ia« NOTICE: GAIVING ACTIV1TlE. *,4Nf NCT SZE CONCUC _.1 �NT17ME --SF IT IS ISUEl0, a i. P DEDICATION OF NET PROCEEDS entire Proceeds of the qa mbe devoted to and disbursed of T, assistance. enantabin functions and dinners for the community, etc. ahe oesshall = -- = - := -- --=••�• • •.. ,..,aa. ' .a vuaiii—a;w„n ,ecei+e ine cnantauie donations must intrude (al The deiicated net oroceede given to a Qualified Organtzatlon a mquirement that all members of the organization within the com- munity may Qualify and reserve the assistance. These payments may may not be used to pay any person for services rendered in Conned• tion Ntth the activities from which the funds were derived. Detailed not be devoted to organizational parties, dinners or benefits, picnics. or social functions limited to members and their families, records Of all disbursements must be kept for later audit renew. These must be kept with the other accounting records for a period of (e) Permittess may not erect, buy or lease buildings or land for their organ 1811011 with the net proceeds unless those buildings are: three vears. IbI Disbursements for the promotion of the welfare and well-being Of the membership means that a member may receive assistance in (1) used exclusively for educational, civic, public. or religious our. poses(sucn as hospitals. churches. schools, government bulldr:.gs. the !Orm Of various charitable donations, which have been approved or community centersi; or by the organiza:ior s board of directors, Charitable projects which an dfganlzatibn may sponsor include education grants. training (2) turned over to an acor00riate nonprof It organization which Qualifies as a tax-exempt organization under the Internal Revenue assistance or lob counseling, food baskets. medical or health-care Code. Section 601104), or to a local. state or federal government. 7. In the space below. state the specific purposes for which the entire net proceeds are to oe devoted and in what manner. Proceeds will be used to assist in underwriting a youth hockey program for 400 boys and girls between the ages of 5 and 17, primarily for the purchase of ice time at the Central Peninsula Sports Center in Soldotna, Alaska. d. Estimated Yearly Gross Receipts s 5,000.00 9A. Person in charge of games iMust be a bona ride and active member Of permittae crganizationi NOTE. The member In charge shad t» present during the Conduct of each of the Seecifled activities siateo on the oermit. An alternate may 0e designated to conduct the authorized Ac:ivitles Our rg :ne absence of the riemeer in charge. NAME MAILING A: ' REU DAYTIME PHONE .....BER '. Prtmafvl Timm Rio ers Box 613,Soldot:1a,P.k_99669 2S3-3441 ' iAltematei Bob Downs 1510' Tanaga Ave,Kenai,Ak-995_1 282-5159 38. Has either Berson listed in 9A above ever been conwc:ec x a : eiony or gamy iieg rr.saefreanor? _ yes iL_L N0 I 8C. Mil 4+thar person listed in 9A above teCBlve Compensa±ton Of any kind from the receipts of the _ Yes r_% No garrt•rq activities? 9. Z.geatureofTwo officers Required tie .'.artily under oenalty of beriurY that to the best of our knowieogs and belie: all :f•e rrtrr na*.,cn on *,s act -caticn..nr,;uainq anv attacrsments. 3rd COMMOfe.'11e understand that any false statement fnaoe on rrns asaacation is at a Ov law, •'re •urther ,enrf, 'hat se :NO copies of this avolieation to the nearest ;.IY ,r z0fo,irr otfi;a • .e„eiy. NOTICE: dFALSE STATEMENT M N THIS AF .,:� TIC FiJNlel-ABLE nY LAW. 14443 Sax NrNi w � � 7 1 i Fi-I D - October 2, 1985 C.-S�� it -/;2 CITY OF KENAI Jaw 014"11 210 PIDAL00 KENAft ALASKA 93N11 TBLEPHON8183. 7m MEMORANDUM TOs Wm. J. Brighton, City Manager FROMs Keith Kornelis, Public Works Director SUBJECTS ADDITIONAL ITEMS FOR CITY COUNCIL MEETING OF OCTOBER 29 1985 1. C-5b - Report on Kenai Sludge Landspreading ADEC Permit f and problems with KPB landfill disposal site. 2. G-10 - Additional Cost Estimates that where requested fors Cook Inlet View and Lilac Lane; Trading Bay and Granite Point Drainage. 3. Memo to Kornelis from LaShot - 10/1/85 - Notification of future Change Order on Marathon Road for work presently taking place. 1� 4. Main Apron Extension and Willow Street Change Order No. 3 - Widen Stub Taxiway. KK/sw ; 1 - _ _ T J r a i 1 �I I 1 1 i ,f 1 j a October 2, 1985 G s"6 CITY OF KENAI Vd igaja l 4 4" 21C EPALOO KENAI, ALABKA MM1 TELEPHONE 283.7635 MEMORANDUM TOs Wm. J. Brighton, City Manager FROMs Keith Kornelis, Public Works Director y SUBJECTS PUBLIC HEARING 10/1/85 AT 7s00 P.M. GENERAL WASTE DISPOSAL PERMIT - -< KENAI SLUDGE LANDSPREADING The Public Hearing on the above subject project was held last night in the City Council Chambers. No one spoke against the R Permit. Councilwoman Bailie and I both testified. Items of interests .- * ADEC approval expected mid -to -late October. <•rf * Each individual farmer/user will contact ADEC directly for their permit. They will have permit in hand when ; they pick u` the sludge. s The City will decide how and when to make sludge available, but Kenai sludge is the only sludge that can be used with this general permit. Sludge samples will have to be tested quarterly for certain parameters. (Cost estimate $19200 per year) Once the City has given a permitted farmer/user the ' sludge, the City no longer has any responsibility. I specifically asked this question and received an affirmative answer from Bruce Erickson and Henry Fiedman of ADEC. -- The Public Works is having problems with the Kenai Peninsula - Borough concerning dumping the screenings and sludge at their __- landfill. Nowland (Skip) Bambard was at the Public Hearing and asked who was applying for the permit or who initiated the application. ADEC replied that the State of Alaska Agricultural Co-op and local farmers contacted them. He seemed disappointed ' that the City was not behind the application. ray d . LI'.I •i•%'i{.. A.i a. .-a . � .. .� .a r.n'n.y .•r s' - - � - � _ _ _ • ry4 ar.�-,-� � . ,. Nowland (Skip) Bambard called today and told Brandon Carter, our City STP operator, that "Because of the Cit 's attitude towards the landfill he is ti hten n own on his re u remen s. p wan a 48 hoUrs notice before we can ump sludge and screenings and he will be there to take pictures. He thinks the screenings are too wet. We have had a lot of problems with Skip arbitrarily setting requirements for dumping sludge and screenings. He wants the screenings to have a PH of 12 so we have to dump 150 pound s of me a day on the s u ge an screenings which costs us around $850/month. The screenings have about a neutral PH of 7. Lime itself is PH13 or 14, so it takes a lot to get the PH up to 12. The site at the landfill, that Kenai Peninsula Borough has set aside for us to dump at, is very steep and sandy. Every time we use the dump we have to take a loader along just to pull the truck out. They have never provided us with a proper dump site. We won the battle in court which made the Kenai Peninsula Borough accept our Sewer Treatment Plant sludge and screenings, but we are still battling them over their requirements. KK/sw ccs Tim Rogers e � 4 d 1� i 1 4 Ap CITY OF KENAI %Od (?apdal 4 41a.44 0'0' 2t0 FMALOO KFNA1, ALASKA 90611 TEWHONB Zit. 7U$ October 29 1985 MEMORANDUM TO: Woo. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director SUBJECT: CAPITAL IMPROVEMENT PROJECTS As per your request I have come up with a rough cost estimate in thousands of dollars for the capital improvement projects listed belows 1. Cook Inlet View Dr. A Lilac Lane Administration 1 Inspect/Survey/Test 37 Construction 370 Contingency 42 450 The above construction cost came from Oreantech who is presently working on the design. (It seems low to me.). 2. Trading Bay do Granite Point =UrD ano Cutters Administration 1 Engineering Design 6 Inspect/Survey/Test 6 Construction 107 Contingency 10 ' 130 i To add sidewalkss One side = +32,000 162 Both sides = +649000 194 Summary: Trading Say & Granite Point Curb a gutters on y = $130,000 I Curb, gutters, one sidewalk $162,000 1 Curb, gutters, two sidewalks $194,000 1i 4� .I t Y i y f . M a �l n e . ° I also took the pictures, that you requested, to show the drainage problem. The water and sewer mains are 38' from the centerline so they won't interfere with curbs or sidewalk. Trading Bay has a 100' right-of-way. The sewer main is shallow near Airport Way, but if curbs are installed fill could be mounded up over the line to help against freezing or the shallow part of this line could simply have some insulation put over it. This construction would tie in the drainage of Willow, Main St. Loop, and the new Airport Way Project making all the roads similar. At this time it is anticipated that no new paving would be needed. KK/sw I i �J I f CITY OF KENAI %od ea plod 4 4 if 210 FIDALQO KENAI. ALASKA mu TELEPHONE263.7535 October 1, 1985 MEMORANDUM TOs Keith Kornelis, Director, PW FROMs Jack La Shot, City Engineer SUBJECTS MARATHON ROAD y J r Within the last few days, several changes and additions have been needed on the Marathon Road Project. 1. Addition of a culvert and driveway approach to the rear of the Chrysler buildina oarkin area. A new fence and parking " area expansion since design of the project has created this addition. Estimated cost: $1,000.00 2. The street grades are being looked at to determine if drainage will be properly handled. Due to flat terrain, high water table, and increased development, drainage in this area is difficult to deal with. The grade changes may cause an increase in fill material bu-C should not be too great, i. According to the con rec or, excavation quantities are expected to overrun considerably regardless of grade adjustments. s, 3. Due to development in the area and drainage difficulties, j; I've authorized placement of a cross culvert on Marathon Road just north of the HEA rear access point. s will help route drainage from the west side of Marathon Road to the existing pond on the east side. This pond is the only i `I available recieving area for drainage north of the project J and fill area. Estimated costs $2,000.00 j All additions can be handled by increasing contract quantities, which appear to be quite reasonable for this type of work. J JL/sw �i I i t � R l i C.:). sent to Page ,._.._ o f C.O. anaroved by CHANGE ORDER N0: 3 CC' Projecte; •min Apron Ektension and Willow Street Initiation Date 9/27/85 Cont`raetor" rmr- a r s 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) 40.02 AC Pavement (Class C) 185 Tons @ $33.00 6,105.00 70.30(2) Famobilization , 1,210.00 Regrading of shoulders on stub taxiway to prepare for paving. EauLarent Motor Grader - 8 hrs @ $65.00 x 1.15 - 74.75 598.00 6 •7S4.75 448.50 Loader- hoes @ $65.00 x01.151s15 448.50 Compactor - 3 hours @ $35.00 x 1.15 - 40.25 120.75 Labor Operator 17 hours @ 30.97 'c 1.20 - 37.16 631.72 Truck Driver 6 hours @ $30.30 x 1.20 - 36.36 218.16 Xet change in contract price due to this C.O. 9,780.63 i r CHANCE IN CONTRACT TIME CHANCE IN CONTRACT AMOUNT I .f j /,' (ActacheJl f.t5ove) is full juscificstf�n of each itea on t1114 C-0- incinding its effect on Operation and aaintonanea Costs. ;- This C.J. is not valid until signed by both tf,e oldner and I-t►neer. Kenai City Council has to approve all C.O.S. —4 — l; contractor's signature indicates his agreement hurtrith, including any adjustment to the Contract sun or Contract tiwo. By By r. L•ngincer t.on;tractor lrnar Date Date 1 Q / /Ei Da F r 1 3 I CHANCE IN CONTRACT TIME CHANCE IN CONTRACT AMOUNT I .f j /,' (ActacheJl f.t5ove) is full juscificstf�n of each itea on t1114 C-0- incinding its effect on Operation and aaintonanea Costs. ;- This C.J. is not valid until signed by both tf,e oldner and I-t►neer. Kenai City Council has to approve all C.O.S. —4 — l; contractor's signature indicates his agreement hurtrith, including any adjustment to the Contract sun or Contract tiwo. By By r. L•ngincer t.on;tractor lrnar Date Date 1 Q / /Ei Da F r 1 3 I C:NT1UUAT10N SHEET Main Apron Extension and Willow St. 2 _� 2 ens on hVivo No. The City has requested that the existing 14' gravel shoulders adjacent to the stub taxiway be prepared for paving and paved. This area is to be used for mall aircraft tie -downs. The work includes removal of approximately 86.5 Cy of previously placed leveling course and placing it on the existing gravel surfaced aircraft parking apron. 2" of Ac pavement will then be. placed 14 feet wide on each side of the stub taxiway. . It is'understood that the Ac concrete will be placed in accordance with unit prices established in the original contract. , Additional remobilLzation costs will be paid for to cover additional costs for bringing in paving crews and other items incidental there to. Regrading will be accomplished on a time and expense basis at the rates indicated on page one of this Change Order. ••The hours requL�ed to accomplish this work are estimated and may vary. Supervisions profj.t and overhead are'to be paid as specified in the general specifications as modified by the project muwal..at 157. over the establidW rates. Equipment will by paid for at local rental rates + 20%. as provided for -in the .. Contract. - I � 1 .ram �i ' I 7 f J 1 L1 r MEMO TO: Kenai City Council FROM: Charles A. Brown, Finance Director eA 4 DATE: September 24, 1985 SUBJECT: Assessments At last night's worksession, the subject of using $500,000 of the $2.3 million grant for matching money on assessment districts was discussed. We will earmark this money for assessment districts. However, at some point, the Administration will need specific guidelines on how to advise the public of the availability of these funds. Council agreed that it would be used to match against a 50% assessment, for paving projects. We have authorized/unissued bonds of $1,150,000, of which $340,000 should be sold for the Aliak/McCollum project. That leaves $810,000 of available bonds for advance financing of the assessed portion. The questions to be considered are: 1) if water and/or sewer services are requested in conjunction with paving, shall those services also be available for the SOX assessment ratio? 2) if a developer/subdivider requests a 50% assessment district, are these funds available to him? 3) If Council wishes to exclude developers, which seems to be the precedent set (i.e., Inlet Woods, Sprucewood Glen, Stellar), how do we identify a developer? A party that owns 20% of the land in a proposed district? Now about 5027 Most requests for assessment districts in recent years have been from developers. They may own a large portion of the land involved, but usually there are other benefited properties also. This was the case in Sprucewood Glen and on Steller. We should have a ready response to these people who will inquire about these funds. Finally, I want to verify that this money (the $500,000 of set -aside road grant) is not intended for gravel road assessments. This was my understanding of Council's intent. And, of course, in compliance with the grant, it won't be used for water and sewer alone. That is why we rejected use of this money for the assessment petition on Govt. Lots 45 and 46, Sec. 34, which appeared earlier on the agenda. I �� i I _ MEMO TO: William J. Brighton, City Manager Kenai City Council FROM: Charles A. Brown, Finance Director f Q DATE: September 25, 1985 SUBJECT: Airport Way Improvements At the 9-23-85 worksession, we discussed financing of the proposed improvements to Airport Way. Council desires to use Airport Land System monies to finance 50% of those improvements. I said that per- haps we could justify this use based upon Airport Way being the main access to the Airport. I have now had time to research this question. KMC 7.30.030 (a) says, in effect, that all monies in the Airport Land System shall be expended only for current expenses of the Airport Land System, which include operating expenses, current maintenance charges, upkeep and repairs, and all other expenses incident to the operation of the Airport Land System. Note that construction costa are not included. J Section 20 of Ordinance 99, which I believe has not been amended or repealed, but is not in the City Code, says that excess funds in the Airport Land System may be used to (1) redeem bonds, (2) improve or restore the Terminal facility, or (3) for any other lawful purpose relating to the Kenai Airport. I find no other guidance relating to the use of these funds, including the deeds from the Federal Govt. All we have, I believe, is the above code and ordinance citations, along with sound accounting practices. One could argue that Airport Land System monies can not be used for construction unless it relates directly to the Airport. Now, we have used Airport monies to develop new lands for lease. The argument is that substantial lease or sale revenues will accrue to the Airport, thus justifying the expense. In effect, it's an Airport related expense since its purpose is to provide substantial Airport revenue. The facts in this case seem to be: 1) The improvements are on an existing dedicated sight -of -way owned by the General Fund, not the Airport. 2) It is a main access route to the Airport, but so is Willow Street, and perhaps Main Street Loop. 3) The improvements will not provide new lands available for lease or sale. They may, however, increase the value of lands on Airport WAY. J P� M1 Y I believe that the only possible argument to allow the use of Airport monies on this project would be that it will increase the values of leased lands and, therefore, at the redetermination dates of the various leases, the rates will be higher than they otherwise would have been. About three -fourths of the lands are leased (the rest are sold). The values of the leases lands total to $2,924,480. if we assume that these improvements will increase the values by 1OZ, then we will get increased rent per year of 6Z of that figure, or about $17,500 per year (after redeterminations, which in some cases, are quite some time - away). I do not see how this small amount of potential revenue could justify a 0200,000 or $300,000 expenditure. Perhaps the most important question is: Are we doing this work to improve the Airport or to improve a public right-of-way? My conclusion is that it would be inappropriate to use any Airport Lavf System money on this project. The ordinance will be drafted accordingly. a r 1 } 1 � s, .I i r t„ i, KENAI PLANNING 6 ZONING COMMISSION September 15, 1985 - 700 p.m. Kenai City Hall Lee Lewis, Chairman as _ 1* 1. ROLL CALL Presents Lewis, Bryson, Corignon, Oleson, Osborne, Smalley, Zuback 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS None 5. APPROVAL Of MINUTES of September 11, 1985 - Commissioner Carignan asked to revise his statement an page 3 to reads "could not support the motion based on a presupposition that the mobile hone parks that are closing appear to be located in Soldotns and the declining oil revenues which would lead to less money for financing the homes, " 'NOTIONS Commissioner Smalley moved approval of the corrected minutes, seconded by Commissioner Bryson VOTE s - Notion passed by unanimous consent 6. OLD BUSINESS None 7. NEW BUSINESS a. Preliminary Plat PZ85-72s Central View S/D This plat is breaking out and defining a drainage system as well 2s.2 separate unsubdivided tracts for future development. The staff agrees -1 with the statement an the staff delineating Tract B as conservation and not to be developed. I 10 J N i - -- 0 PLANNING COMMISSION Page 2 L� i, MOTION: Commissioner Smalley moved approval of PZ85-72, seconded by Commissioner Carignan. VOTE: Motion passed unanimously. S. PLANNING None 9. REPORTS —_- a. City Council Councilman Wise not in attendance b. Borough Planning Commissioner Bryson not in attendence at Borough meeting. ' c. City Administration None - written report in packet under information 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. Letter from Governor Sheffield to Mayor Wagoner b. Report of Planning Conference in Homer - 9/6-8/85 c. Council Agenda d. Borough Agenda 12. COMMISSION COMMENTS & QUESTIONS Commissioner Carignan noted that there had been an indication of a conference geared toward Planning Commissioners in Fairbanks in November. .; 13. ADJOURNMENT - r; Janet There being no further business, the meeting was adjourned at 7:10 PM. A. Loper - Secretary t i r 7 j � n __.. �__,_ _H. _ �� n. r. � i�.� .s i.rh .�. n, � v .i 1�s�:�,•_ �..�e_�rrs_.�Y_ _ wa J�_�.. r.MM� _ _ .�_.__._. �. _- - - - -r'- - - ' •' ,� � -ram /1 � � / � _. � �=,,�=_,�� • r�� .lei r ' `'' / �. - ..� �- � , . - � � �., � � _. ., ,, �. :� 1 RIJ J 1 1 Y i �, . . _ _.____ {� !) J _.___- ii� __ ___- _ l 'i I I I it �i I III 1 �1 1 I 1 ., i ..-.. ..... .-.. . . Y .max. .-- ..... .-r �. ,........r.-.wr.-r. •. r--�.sr r—L.w+..r�,..-J.ve ." � .iw:f1+.. n The purpose of this manual is to provide uniform procedures to be followed for abating dangerous buildings. The manual includes instructions and forms to accomplish abatement. I. LEGAL REQUIREMENTS Kenai Municipal Code (KMC) 4.10.010 adopts the Uniform Code for the Abatement of Dangerous Buildings (UCADB) 1982 edition, as the operative ordinance for abatement of dangerous buildings. The KMC also provides that any adoptions or deletions to the (UCADB) also become part of the KMC. A copy of the UCADB is appended to this manual. The aim of the UCADB is to provide for a quick procedure for abatement of dangerous buildings in order to protect the public, while providing for a maximum of due process to owners of allegedly dangerous buildings. See Chapter 1, $ 102 (UCADB). II. INITIAL INSPECTION Under the Code, the building official may make any inspection to enforce the code. In order to inspect a building, the official should: 1. Have reasonable cause to believe a code violation exists. 'Reasonable cause can be based on the official's mil, observations or by reports from third parties. 2. Only inspect buildings at reasonable times (i.e. business hours). 3. Enter occupied buildings only by first requesting entry and producing proper credentials. If access is denied, consult with the city attorney. 4. Enter unoccupied buildings only after making a reasonable effort to contact the record owner. If contact is made and permission to enter is refused, consult with the city attorney. III. PROCEDURE Upon inspection, the official shall make a written record of his findings as to dangerousness of the building. Then proceed as follows$ 1. Determine the record owner of the property and prepare a legal description of the property, i.e. subdivision, lot number and plat number. 1 - MANUAL/ABATEMENT OF DANGEROUS BUILDINGS I I � •1 M � I I f'tur, 2. Fill in form 10-AB. a. The location should be the legal description. b. A short description of the building should follow, e.g., a brown log home with no windows and a blue roof, half missing. c. Under reasons for abatement, the official should refer to section 302 of the UCADS and quote directly the subsections which apply to the building. These subsections should all be placed in a word processing file in order that they can easily be recalled and added to the notice. d. Sign Form 10-AB. 3. The official should next determine what course of action to take in regard to demolition or repair. It is within the official's discretion to determine whether repair or demolition is required. 4. Fill in Form 10-RD. a. The beginning of this form is the some as 10-AB. b. Check the appropriate boxes and be sure to fill in completion dates. All actions must occur within 60 days of the date of the notice. The official may impose a more strict time limit especially in cases of occupied dwellings. Again, the time must be reasonable, but it will be left to the official's discretion. c. Sign Form 10-RD. 5. If the building is occupied, the official must next decide if the building should be ordered vacated. 6. If the official determines that the building should be vacated, the official must fill in form 10-V. The time limit is within the official's discretion but cannot exceed 60 days. 7. It may be advantageous to acquire photographs and/or material samples or exhibits as evidentiary proof of the condition then existing to later substantiate the reason for the action taken. IV. SERVING THE NOTICE(S) 1. The official must serve the notice and orders on each of the following entities (if known or ascertainable by public record). a. the record owner; b. any leaseholder or other legal estate holder, i.e. life estate owner; c. the holder of any mortgage, deed of trust or other lien or encumbrance of record. 2 - MANUAL/ABATEMENT OF DANGEROUS BUILDINGS rr.r '--�.�•.. r....•._ - _ .. -__ ::LJ Nam+: r f ry � 0 .. . � - �R.._ .-. �.rt� -. � r r r .��_ • r-«_ r -..-._ _ � n , a. .. �.. x-n - _�r. ...r=r..r. .• -r+���.- ._�+':,.ar,•.r . r.-. .. — e 2. The notice and orders may be served by registered mail return receipt requested. If this type of service does not work, i.e. returned undeliverable, contact the legal department concerning a process server. 3. All notices, in addition to mailing, should be posted on the property in a conspicuous place. 4. If a Form 10-V is filed, the following notice must also be posted on each exit of the building. DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building or to remove or deface this Notice. DATEDs Building Official City of Kensi, Alaska V. APPEAL If the owner appeals to planning and zoning, contact the legal department. If the owner wants to know how to appeal, you may inform the owner to consult Section 501 of the UCADB, but the official should in no way give any further advice other than that the owner should contact their own attorney (NOT THE CITY ATTORNEY). The official may inform the owner that a copy of the UCADB is available for their use at City Hall. VI. FAILURE TO COMPLY 1. If the owner does not comply with the order to repair or demolish, the official should, within thirty (30) days, post the following notice on the buildings J 3 - MANUAL/ABATEMENT OF DANGEROUS BUILDINGS � 1 A 11 a 1 I I 1 .: 1 DANGEROUS BUILDING 00 NOT OCCUPY It is a misdemeanor to occupy this buildinq or to remove or deface this notice. DATEDt Building Official City of Kenai, Alaska 2. If the owner is non -compliant with the order, the building official may a. issue a citation or, b, institute any appropriate action to abate the building. The letter procedure would seem preferable as the City can always recover its costs on sale of the land and abatement minimizes liability to the City for failure to act. If there is non-compliance within the time limitation, the building official is required to record the notice and order with the Borough land recordation department. If compliance is eventually performed, Form-10-CA should be filed with the borough land recordation department. If repair or demolition is warrented, the building official should solicit bids in conformance with the KMC for the appropriate work. Once the work is completed, consult the legal department to Institute the special assessment on the property. i ; i .t rr-p 4 MANUAL/ABATEMENT OF DANGEROUS BUILDINGS IV b, I S I I I i q 1 .I I . I I FORM 10-AB NOTICE AND ORDER I (Dangerous Building) i If TOs Rocord owner of the building located ats i Described as follows: , THIS IS TO NOTIFY YOU that the above -referenced building is hereby declared by the building official of the City of Kenai to be a dangerous building pursuant to Section 302 of the Uniform , Code for the Abatement of Dangerous Buildings, Section 302 of the Uniform Code requires abatements ;r DATEDs This day of , 19 Howard Hackney Building Official f � p t ' I' • �i FORM 10-RD NOTICE AND ORDER (REQUIRED ACTION STATEMENT) The City of Kenai, has declared the building at to be a dangerous building. _799—record owner, you are required to take the following action: Repair the building. Demolish the building. If you have been ordered to repair the building, you must secure all required permits within 60 days of this order and work to repair the building must commence within 60 days from the date of this Order. The repairs must be completed by . If you have been ordered to repair the building, you may choose to demolish the building. If you desire this option, contact the building official. All required permits and demolition must occur within 60 days of the date of this order. If you have been ordered to demolish the building, all required permits must be secured and demolition must occur by , 19 . Failure to Perform Required Action If the required repair or demolition work has not commenced within the time specified, the building official may, (a) order the building vacated and posted to prevent further occupancy; or (b) proceed to cause the work to be done end assess the costs thereof against the property or its owner. Right of Appeal Any person having any record title or legal interest in the building which is the subject of this Notice, may appeal from the notice and order any action of the Building Official. You may appeal to the City of Kenai Planning and Zoning Board. The n I appeal must be in writinq as provided by the Uniform Code for the Abatement of Dangerous Buildings and filed with the City of Kenai building official within thirty (30) days from the date of service of this Notice and Order. Failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. DATEDs Howard Hackney Building Official FORM 10-V TOs __.. Record owner of the building located at described as follows: r THIS IS TO NOTIFY YOU that in addition to any other notice and order regarding the above -referenced building, the building official of the City of Kenai has also determined that the above -referenced building is immediately dangerous to life, limb, property or safety of the public or its occupants. Accordingly, you are required to vacate the above -referenced r� building on or before OATEOs Howard Hackey Building Official 4' 1 ,6 f ; J i a `r— r I r' 1 I i FORM 10-CA NOTICE OF COMPLIANCE WITH ORDER OF BUILDING OFFICIAL The City of Kenai, on , 198�, declared i the building at , to be a dangerous building. The record owner was required to comply with the Order by repairing or demolishing said building. The record owner did not comply with the building official's order. The building official, on , 198 caused to be recorded with the State of Alaska, Department of Lands Recording Division, Third Judicial District at Kenai, a Notice and Order declaring the building dangerous as evidenced at Page , Book of the State of Alaska Department of LandsTiecording Din, Third Judicial District at Kenai. On , 198 , compliance with the order of the Buil Official for the City of Kenai was achieved , and the building is no longer declared a nuisance. Compliance .j was achieved bys Repair Demolition t A special assessment has been levied against the property in the amount of $ in order to to y satisfy the City's cost of abating this dangerous building. DATEDs This day of , 198 / 7 0Howard Hackney I Building Official f� a - , I j 1 Y i • -- .. -_ r r ,�..jr.. 'f"rr � N i:��. r r r� , ems.. I n I r. ., r. /.'L r .,. w^sw VERIFICATION STATE OF ALASKA ) � ss THIRD JUDICIAL DISTRICT J I, Howard Hackney being first sworn depose and say that I am the building official for the City of Kenai and that I have read the foregoing Notice of Compliance and to the beet of my knowledge and belief, the facts contained therein and stated are true. Howard Hackney SUBSCRIBED and SWORN to before this day of 19 Notary Public for Alaska. My Commission Expiressi N D / ' t" .Y y S f11 I. . r :f 41 0 i %J I I !w o • r UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS 1982 Edition JL- 6111"d "maid h-W 6W had WW 6w kwd -Oww hbw hbw. CONTENTS v 0 Page CHAPTER 1—Title and Scope SEC. 101. Title .............................................. .... 9 102, Purim1w gild S4;1111Q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4) 103. Aftatallons, Addiflons and Repair ........................... 4) CHAPTER 2-211110MOMInt SIA" 201, (felleml ................................................ 202, Abateom-ra of Dangerous Buildings .......................... 10 203, ViOIA11011S .. ............. —, .................... 10 2(g. Impaction of Work ....................................... 11 205, DOW of Appeals ........................................ I I CHAPTER 3-0slIniflons SBC. 301- (lefleful ................................................ 12 12 302, Dallsesous Building ...................................... CHAPTER 4—Holless and Orders of OulldIM9 011110181 -61!C.401, ......— .............................. Is 4112, RCG4;fJdloO Of NO1099 and Older ............................ 16 4011, ...... 16 404. Nonce to Vacatc ......................................... 11 CHAPTER ll---Appssl SEC. $01. 0encral ........................ ...... Is $02. liffect of Failure to Appeal ................................. Is 503, Scope Of floating on Appeal ................................ ld' 504, Staying of Otckr Uwk-r Appeal ............................. 19 CHAPTER G—Prmdurs for Conduct of Hearing Appals SEC, 60 1. clencial ................................................ 20 20 602, l'unn of Nudes of Hearing ................................. 0113 Subpoenas ......................................... ..." 20 601: conduct of Hearing - I I I I ............................... it 60. MgjjAjd and porn, of lkcisiun .............................. 22 CHAPTER 7—Enforcement of the Order of the Dulfdlng 011110121 Or the Good of Appeals SFC. 701 conipliance ....................................... 1".., 24 702: I'Mation of 11mc 90 Pff(thm Wwk .......................... 25 701, Interference With Repair Of lknwlilkm Work Pf"b"C'S .......... 25 CHAPTER 0—Performsm of Work of Repsit or DIM0111lon SEC901, central ........................................ ...... 26 gut. Repair and Ddlualilson hind ................................ 26 i, 6..d Yn./ ttruJ II,+.WI irrti/ YtdU irrW1 driiS Irltlli 111i1i4 iYWI i1r1iY itirtW IiWit liftoff li�:ll i iiroz tsulnurl t01•toS CONTENTS —(Continued) Chaptor 1 i CHAPTER 0—R000vory of Costof Repair or Demolition Page TITLE AND SCOPE Title S1.(' 'All. n..,nfnr of tale me.1 Qmg of Report; l'ontenls ........... . .... 27 flee. 101. 'I'Inesa regolutlom shu111., 1, 1 ,, M.; Repuf t I1an.nuued Iu ('uonrd - Sel fur liea.ng ................ 27 �HI1 l'f,ee+t.nul(Ilye.louns-•Il.tso,hf do . ......... • 27 Wd ............. • Ile.utnp lot l'nUests .. 1'erNnlal Olililimun or Special Assessment "' "" • 27 ,A* 1H17 ............ Cufae+t """"""""•' • Autlumly 28 28 tut 1u.lilimcnl I'aynwnt of Assessnwnts with 9011. Inreresl.............................................. • • • • • . • .. • • Lien of Asussnwnt• 2li 909 ... Runt m Atusuft anti 71fr Coltcclor. Addilloe ul 2if Atwssnwnt to lax fldl.................................. 29 910. I•dmp Copy lit Repurl %Hb County Auditor .................... 29 911. ('o11es tam of Asussrtwnl:l'cnaltws far pfneetusure ............. 29 912. Repay mans lot Repair and t)cnwhuom Fund .................... 29 0 s f .ow111141143. nifonn (.flow silt the Abatement of Ilange.lut Ihtiidhlgs," may he cited at such, aloof will be relcrrcd to Irercl,t at "Ibis rule." Purpose and Scope Iiec. 101. fu)1'urpmsu. It Is Ilia purpose of this code in prflvide g jutt, equita. big and pr rcticuhlc method, to be cunluhtlivc will, gild in nofditifln tn. Holy falter rernedy provided by the Building triode. Flouting Codu or Otherwise available at flow, whereby buildings or structures which from any cuuu endunl;cr the tile, fln►b, health, nouruls, properly, safely Or welfare of the general public or lllcir occupants may be required to be repaired, vacuted or denlolished. (b) &ape. The provisions Of this eodu shill ufgdy to all dangertnls buildings. as barein Witted. which are mow in existence ur which .ray hcruufter bealnle dangerous in this jurisdiction. Alterations, Additions and Repairs the. 103, All buildings Sir structuret whieb are required to be repaired under 111e provisltms of this ctxw shall be subject u/ File provisi, tilt of Section 104 (a) and (b) of ilia Building Gila. :s 66" lisim" 6=4 boa ill" 6" Yr%lii b" liteilil �� Yr�ll Wlri� iiwrl iillii/ him fl1w &illox iiiftiV i 201•203 ARATt MPUTnDnauncontlonealmine --..•.��.... r.r ...r.rrr-rr /YYe YYI,IVI�Lea•Y8t1 . 1;1 Chapter 2 ENFORCEMENT Genoral 1cc. 201. (it) Adtidni%trallon. 'Ilia building official is hereby authorized to cnirnu the peas f+ilw, ul tilts code. fa,) In+pcctlon+. 'life health ullicer, ilia tire nh•.trshal find the building ollicial all: hrrchy authorind to make such inspection% and take such aet(ous as may be requited tocoG-fte Ilk• ptnvr+iumol thi+coxte. (c) Itight of Futry. whenever nc x%s.uy to make an inspection tocricorce any Ill like pf uvh,uut+ul tilt% cOnlc, lit whenever the building official or his authorized representative ha+ rca.onnoble cau%c to believe that there exists in any building or upon any premises any condition or calk'violation which makes such building or premises un+ale, d,mEerlu% ur hazardous, the building official or his authorixcd rcpresanl.ttve may enter such building or premises at all reasonable times to inyx ct file 4-ante or to perlhrtn any duty imposed up.m the building fit Iicial by fills Little. provided that it such building or pre,1169%lc occupied, he shall first present ptulocr credcullak and requcsl entry; unit if such building lit premises be unoc- cuptcd. ha ,Ifal► fhtsl make it rcasmnrahlc cibrl to hcate fife owner or other persons ha+mll charge fir control of Ilia budding or premises and request entry. If such entry Is rat,+ed. file building official or his authorized representative shall have tccourse d► every renrcdy provided by law tc► secure entry. "ban the Molding olticial or his authorized representative shall have first obtaused a proper in+pecbon warrant or usher rensedy provided by law to %ecure entry, no sew act fir occupant orally Other persons having charge, care orcontml of any budding fir premises shill fad or neglect. after proper request is made as herein pu,vided. It, promptly permit entry therein by the building official or his fiulhunred representative fur the pugxrse of inspection and examination pursuant to this elide. 'Authorized representative" shalt include the officers named in Section 201 (h) and their authorized inspection personnel. Abatement of Dangerous Buildings Ssc. 202...411 buildings ar portions Ihareof which are determined after inspec- liun by the building ulficial r► be dangerous as defined in thi% code are hereby dccl.ucd r, be public nuisances and shall he abutcd by repair rehabilitation, demolition for renu,sal to accordance w ill, the procedure specified in Section 401 ill fill,collie. Violations tier. 203. It %hall be unlawful fur any person, firm or corporation to erect, cun+lruct. cnlargc.altcr repair. ua,ve. improve, remove, convert or demolish. equip, use, occupy or maintain ally building or structure or cause or permit the Suisse IO► be dome in violation of this code. 10 f Inspection of Work Sec. 204. All buildings or structures within the scope of tilt% conic ,till all construction or work fur which, permit is rulu,cll shall lie sutgrct h, or.pcu,ui by the building ollfc•fal in aecord'nlce with twd in rite fa;uuk•t parvklod by till% coxla turd Section+ 10S ,till .11K�uf file Iluilding ('onlc. Board of Appeals Sec. 205. In otdar to provide for final interpretation of ilia provisions of fill% co do and nI hear uppeals provided for fkrcunder. there i% hcrc,y c%tahli+hcd a Board of Appeals consisting of live mcutlsers who ilia not enghloyec+ol life city. The building official shall IV un an olficiu manlier of find +Yell act as scctetary 10 said tward. The Wind sMdl tic aplwinted by ilia governing truly aril shall hold office at its pleasure. 7 he Ward shall adopt reasonable rule+ and rcguhtiow. tut conducting its business and shall render all decisions find f urding+m writing to ilia appellant, with a copy to the building official. Appeals lit ilia board shall Ise processed in accordance with the provisions contained in Section 301 al this code. Coplcs of all rules or regulations adopted by Ilia Marl +hall he dcrscreol to ilia building official, who shall make them freely uccessible at the public. 11 i n corm wow 6W11 how WA WA *Ad hurl YIWd h6d iruili iuistl hwi isiW bw 6A 301.302 ABATEMENT OF DANGEROUS BUILDINGS Chaptor 3 DEFINITIONS General Svc..N)1. For lie purptlsc of this code. certain terms, phrases, words and their d&-nsaos&-s shall I+&- � unstnrcd a, slwcificd in eilbt'r this chapter or as slsccificd in the Ifulldmg Clare III the I lousing ('ode. Where teens ore ilia defined, they shall base their anhn.ary accepted uvallings within the context Willi which they are used 6; ittci s /!tin! Nei /ell rnutinrtrt! fhrltouwy r f the fur) l!slt Grngrutt,e, ! 4rrd�rrJt rrf, cop)nght Illttl . shall tic coostnled as providing ordinary accepted nleamngs. 1l4114h used in the singular Include the plural and the plural fie smgul ar. 1Vulds used in the nutsculme gcndcr include Ilse fcnuoiuo and Ilia femlmine file masculine BUILDING CODE" istleUniform BuitdingCodcpromulgated bythelntcma- . liun.al Conference of Building Officials, as adopted by this jurisdiction. DANO1'.II0I15 BUILDING is :any building or structure deemed to be dan- gerous under the prnvrstoos of Section 302 of this code. 110USING (:QI)ls is the thiforin Housing Code promulgated by the Imema. till"M ('onlctcncc of Building Officials, as adopted by this jurisdiction. Dangerous Building Scc, ant. For Ilse purpose of this code, any building or structure which has any or all of the conditions or defects hereinafter described shall he deemed to be a dangerous building, pruvideJ that such conditions or defects exist to the extent that the life, health, property or safety of the public or its Occupants are endangered: 1. Whenever any door. aisle, passageway, stairway or other means of exit is Bill of suf ficicnt width or site or is not w arranged as to provide safe and adequate Ire;ins of exit Ill caw of lac or panic. 1. Wh011ever file walking surface of any aisle, passageway, stairway or other Hiram ul exit is sit warped, worn, loose, torn or otherwise unsafe as to not provide sale and adequate meads of chit in case of rite or panic. 3. WhOneser the stress in any materials, member or portion thereof, due to all dead and live loads. is more than one and one half times the working stress or stresses allowed in ilia Building Code fin new buildings of similar structure, pugw+sc or location. 4. Whenever any portion thereof has been damaged by fire, earthquake, Wind, ll19KI of by any other cause, to such un cxtcnt that the structural strength or stability thercof is materially less than it was before such catastrophe and is less than the n►immum rcquircuentsof the Building Code for new buildings of similar strsuture, purptlse for location. S. %bcncscr an) portion of mender or appurtenance thereof Is likely to fail, or to become dclaclacd or dislodged. or to collapse and thereby injure persons or tkanwge property. 14 tame r¢na jud 6. Whenever any portion of a building, or any mowwr, appurtcn:usct' or ornamentation un Ile cxtcriur Ihcicul is nut of sulfivicut sucoptlim stability. fir is not so anchored, allached or lusteled Ill place so :n to lie cap•ablc of Icostillp a wind pressure of one half ill that sl+ecslicd ill the Ifuddiup ('Isle Ill[ mew budthmgs of similar structure, puspow fir location without exceeding the wolkiug stresses permitted ill tie Building Code tilt such Inlildll+gs. 7. Whenever ally portion thereof has wracked, Waffled. buckled or settled to such an cxtcnt that walls or other .structural portions have• m.teti:dly less resistivace to winds or earthquakes than is required in the case of similar new t InlsUucuun. 8. Wiwncver the budding or structure, or ally lxaliun Iht'teul. lwcatlw of (t) dilapidation. deterinuninn fir decay: lit) liullty ctlnstllit (an) Ill&- removal, movement or instability of any portion of list' ground nevessar) Ina the puspos&- of supporting such building; (iv) the deterioration, decay or inadcgnacy of Its foundation; or (v) any other curse, is likely to partially or completely collapse. 9. Whenever, for any reason, Ilia building or stnu hoc. orally pc+ruun thercof. Is manifestly unsafe for the purpose for which it is being used 10. Whenever tilt' exterior walls or other vertical structural neulhxrs list. lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of Ilse baw. I I . Whenever the building or structure, exclusive of the foundation, shows 33 percent or more dumage or deterioration of its supporting member or members. or SO percent damage or deterioration of its nunsuppotting mclulnts, enclosing or outside walls or coverings. 12. Whenever the building or structure has been w datrlaged by fire, wind, earthquake or flood. or has become so dilapidated orokterhrated as to become (i) an attractive nuisance to children; (4) a harbor for vagrants, cfinunals or ison otill persons; or as to ( h)h) enable persons to resort thereto fir Ilse purpose of curnulit• ting unlawful or immoral acts. 13. Whenever any building or structure has been constructed, exists fir is maintained in violation of any specific requirement or pmthibition applicable to such building or structure provided by Ilia building regulations of Ibis city. as specified in the Building Code or Housing Code. tr of any law or ordinance of this state of city relating to the cnditiun, location or structure of buildings. 14, Whenever any building or structure which, whether air not erected in accordance with all applicable laws and ordinances. Ila% in any nunwppotting part, member or portion less than So percent, or in any supporting part. member Or portion less than 66 percent of the (i) strength. (ii) fite•reswing qualities of characteristics, or fiii) wcathcr•resisting qualities tit characteristics requited by law in rite case of a swwly constructed building of like area, height and occupancy in Ilse sane location. IS. Whenever a building or structure. used or intended to Ise used for dueling purposes, because of inadequate maintenance, dilapidation, decay, damage. faulty construction orarrangement, inadequate light, air or sanitation Geiltics. or otherwise, is determined by the health officer to be unsanitary. insist for fluorin habitation or in such a condition that is likely Ito Cause sickncss tit dswrw. . is V ,J r r li� bww , how 6W IId IW I" � r I J =°= noses iiiieivl Vi• HANUMUUn 11iU1LUIMU111 16 Whenever any building or structure, because of obsolescence, dilapidated condmun, detcriurafion, danmgc, in.rdequule exits. Lick of sufficient fire-resis• lice con.b u► lion. I,odly -loco it: wiling, gars comiccsions or hcathug apparatus, or rNber cm-w, ►%deteouned by Ilse fire 811,11%hal loose it lire hriutd, 17. Whenctet any building ur .Irurturc is in such acnndition us Ire constitute a Public nuisinu•- Lnaw a to the eonmdns Lsw or in equity juri%prudence. III, Whenever aoy lhnlson of is building or stracltrre retnaiub on a site utter the dcmohlion or de nnuction ill the building or structure or whenever any building or suucnlfe i, ab.usdnrs-d fur a Iscrio.l In excess of six months so as to constitute such building or puruon thereof an atua0me nuihance or hazard In Ilse public. •.I i 14 i t r 'i had rt�ga I" Iw No I1m 1982 EDITION 401 � Chaptor 4 NOTICES AND ORDERS OF BUILDING OFFICIAL General . Sec. 401. (a) Connneocenseut of Irroeccding%. Whenever the bililding offs• cial has inspected or caused to he inspected any btnbling ,slid ha% lound and determined that such building is a dangerous budding, he shall cosnnence proceedings to cause the repair. vacation or demolition of me building, (b) Notice and Order.'I'lic building official shall is.ue a nmcc and order directed to the record owner of tilt. building. '1 he notice rind order shall amain: ' 1. The street address and a legal description stifficicul fur idcntificitiuu 411 the promises upon which the building is located. 2. A stuternent that file building official has found the building tO he dangerous with a brief and concise description of the cosulitions found Is, render Ilse building dangerous under the provisions of Section 3o2 of lhis code, 3. A sutelnent Of the action required to hi, taken us detennined by the building official. (i) If the building official haidctermined that the building ur structure must be repaired, file order shall require than all required periniti be secured therefor and the work physically commenced within such little (not to exceed 60 days from the date of the order) and completed within such tittle as the building official shall determine is reasonable under all of ilia circumstances. (ii) if the building official hasdetennincd that the building or structure must be r vacated, the order shall require that the building or structure shall he ( vacated within a tittle certain from the ditto of the order as detennined by the building official to be reasonable. (ill) If the building official Ila$ determined that the building orstructuremusthe I demolished, the order shall require that the building he vacated within such time as the building official shall determine is rea.onable (not tO exceed (10 drys from the date of the order); that all required Ir emits be secured therefor within 60 days from the date Of the order, and chat Ilse demolition i be cornplctcd within such finle as the building official shill determine is reasonable. 4. Statcnlents advising that if any required repair or demtition work (without vacation also Irving required) is sort conurunced within tie time specified, she building official (i) will Order the b tilding vatca led and punted to prevent lot ther occupancy until lite work is completed, and 60 may procced (►)vial.- llte work to be dame and charge the costs thereof against Ilse prolserly art iN riw nee. S. St lements advising (i) that any perusa having any ecord title or leyal interest in Ilse building may appeal from Cite rdriice and oaer IN any action of Ilse building official to the Huard Of Appeals, provided Ile appeal i. ilia&- ►n writing 1 aspravWcdinthiscods: and filedwiththe buildingollicialwnlnn wdaystron►ihe date of service of such notice and order. and (h) that failure its apiwal will 16 t � I 1 , "W 60" f IWA 6a d , LOW Is 9" Is"d 11t" 6W iY" 6" 961A ilw ildii Uld Itf a IliiiiYlfl Mitre/ " 401.403 ABATEMENT OFOANnFatU14s u t nruna 403.404 ctwstitule a %river of all right fo an administrative hearing and determination of lite nt.dtt•r Sers lee followed by the building Official (and by the Board of Appeal+ if an appeal i% taken) in ordering the rcpait, vacation or demolition of ally tlatngcnnn buildugt IN fc) of Nolice and order. The notice and (order, and any untended or structure: suppteuttutal ntota•c and ord, r. Shall he served upon the record owner and lKnIcd On the omit sly; and one ugly th.reuf shall I% served on citch of file following if I. Any building declared adangerout, building undue fhi%oOlimmcceither shall know n to the buddugt fit Iit: lilt r di%clowd funa official public rewrdc: llw holder be repaired in accordance with the current building cruic lit %hall he dclltttli%hed of ( file option of the building owner. of an) mortgage Its deed of tnW or other henurencundtrance of recordi the owner or holder W any leaw (of record; and rile holder of any other estate or legal interest 2. If the building (ot structure is In such condition as to make it irnnledi:ttely of record in or to file budding or the Und on %filch it is htcated. 'I'hc litilurc of rite dangerous to the life, limb, property or safety of the public or in otcopant it shall be ordered to he vacated. Ituddntg Oltrcl.d to serve any )wr%(on required herein to Ito served %hull full invrhdrtc any pukceding% hereunder a% to any other 1Nrsoln duly served ter relieve Notice to Vacate any %u%h ierson tram any duty or obligation uuptlsed on him by the provisions of Sec. 404. (a) Posting. Every notice to vacate shall, in addition to being %oval tilts kction. as provided in Salton 401(c). be posted at or upon each exit of the buils ling :still (d) hIrthod of Service. Service of ilia notice and order shall be made upon all shall be in substantially the following form: inerst)(os entitled thereto either )tcrsonally or by nwiling a copy of such notice and order by certified moil. INNI-19e prepaid, return receipt requc%Icd, an each suet DO N(Yf EN'tPR locruin at hH addless at It appears tin file list equalised assessment roll of file UNSAFU TOOCCUPY county Or a% Lit' It" h) Iht but 4hng olhcial. If nit address of any such person sit appear% of is lnu%n to file bmtdlng official. then a copy of Fite notice and order It Is a misdemeanor to occupy this building, shall be it, mailed, addre%%ed n% wch person, at flit address of the building 'I'lle or to remove or deface this notice, building Official involved in tile pmccedrngb. failure of any such person to receive such notice of shall not affect the validity of any proceedings taken under this section. Service by ............. certified nail in the manner herein provided shall INS effective on the date Of mailing. (b) Compliance. Whenever such notice is posted. The building official .hall (e) Proof of Senke. Paxtf Of service of the notice and order shall be certified include a notification thereof in the notice and order imuetl by him under Subsection (b) of Section 401. reciting ilia emergency and specifying the con.la tO at file fine of service by a wr itten declaration under penally of perjury executed by de fcrsons effecting %twice, declaring the fine, date, and manner in which 'file lions which necessitate the posting. No person shall remain in ter cotes any building which has been so posted, except that entry may he mark tit repair, $er%acc %a% made. declarafion, together %ifh any receipt card returned in demolish or remove such building under permit. No perstm %ling reulove fir acknow lodgment (of receipt by called mail shall be affixed to die copy of the deface any such notice after it is posted until ltw required repairs, dcuM duion or ruttice and order retained by the building official. removal have been completed and a Certificate of occupancy issued purv(oanf to Recordation of Notice and Order the provision of the tluilding Code. Any paste violating this bubwcdom shall be Sec. 402. If compliance is not had with the order within the time specified guilty of a misdemeanor therein, and no appal hat been properly and Timely filed, the building official shall flit In fi►e office of the county retarder a certificate describing the property and certifying (i) that the building is a dangerous building and (h) that the owner has been %o notified. Whenever the corrections ordered shall thereafter have been completed or the building demuli%hcd so that It no conger exists as a dangerous building on ilia property duwribed in thecertificate, the building official shall fik a new certificate with Ile county recorder certifying that The building has been denatli%ted ur all requited correction% have been made so that the building is no 1 lonyerdangernus. %hichew is appropriate. Repair, Vacation and Demolition Sec. 403. (a) Standards to he tullowed. The following standards shall be 16 17 �'01_—T_- t �••� �•••• �,•� 1►..Ir ter 4d k6d moll ill.il,.�w�Iti Wlrtfi idirl �ilY�i Itii�i � lniiitY li,;lj:+� i 1 501.502 ABATEMENT OF DANGEROUS BUILDINGS 1082 EDITION 503.604 Chapter 5 APPEAL General Sec. $111. (.i1 Forot of Appeal. Any lierson entitled to service under Section 401 It- f m.l) app.•al I u.1n any of it anal utder of any action of the building official umler lhi+ cu.le by flbof: at the affirc al the building official it wli0cn aplical cou611na1g. I. A hcatlwg in the wool+: "lteforc the Board of Appeals of the ..... lilt .... ..... 2. A caption reading: "Appeal of ............." giving the names of all appellant+ gel ticnpabog in the .Ipgeal. 3 A beef tateinew +citing lontit Cite legal interest of each of the appellants in file his Holing or ilk land intolved In the nnfice and order. a. A libel +feteuivrl in w4linary and concise language of the specific order or acliou pule+fed, logelbcr wills any nt.tenal facts claimed to support the conten- lions 1.1 file allpeldent ,S. A brief smientent in ordinary and concise language of the relief sought and the reaann It, by it is clainted file ptute%ted artier or action should he reversed. nuMhlled tit ulhcswsx +et aside. a '1 fit:.ignauue+ of all panics ri i ned as appellants and their official mailing addres+es. 7. 1 he verihcalion (by declaration under penally of perjury) of at least one atop Il.ulf as to the Irate of life manum +tilled in ilia appeal. 'I he .glleal %hall Is; fled uilhto 30 dayv from the Jaw of ilia service of such order tut action of the budding official; provided, however, that if Ilk building or +lluctule is in +ulh cou.livan as to make it imnediatcly dangerous to the life, hntb, ploper ty sir +:del y of ilia public sir adjacent property and is os tivred vacated aayi is po+tad in accordance with Section 404, such appeal shall he filed within 10 day+ from file d.ite al tilt- +mice /tf the notice and order of flit- building official. list 11ro.v++ing of Aplwal. Upon receipt of any appeal filed pursuant to this section. ilk building calla ial +hall present it at ilia next regular or special nyxting of file Ifo.od of Appeals tcf tivheduling and Noticing Appeal for Hearing. As %&in as practicable alter legit mg file wriflen appeal. the Hnaid of Appeals shall fix a date, thin: and p1.1te lots Illy (ntatillg 11f 111t• apprill by site IMtiltd. 5nach date shall he nos less than 10 dal)+ into mote ilian (el) days lions the date flocappeal was filed with tic building official. Wrillen autlice of the lime and place of the tearing shall be Ifiven at least l0 d.sy s Inior to the dine of the hearing to each appellant by the secretary of the ba.od either by causing a copy of such notice to be delivered to fly upptellamt l+t•rwna.ddy or by inailing a copy flicreof, postage prepaid. addressed to Isle alsivil.aif of b1+:abbe+++1./w11on life appeal. Effect of Failure to Appeal Sec, 1102, f eltnc of any Iwisan to file an appeal in wcordunct: with the Is i i� provislans of Seaton S0I shall constitute a waiver of his right bsur►administr.uivt- Bearing anal udjnuipcudon of the notice and older of any portion IBcic.lf. Scope of Hearing on Appeal Sec. 503. Only those olattels or issues specifically raised by tic appellant "hall be considered In the hearing of the uppcal. Staying of Order Under Appeal Sec. $04. Except for vacation orders made pursuant to Section 403, enforce• meat of any notice and order nl file building official issued asides Ihp+code shall he stayed during ilia pendency of an appeal thcrcirom which is pmperly and tinn•ly tiled. to u tttsd Israel Yrrl )l "J i+rrtl blip" 6atA WkW ►ij liirrll Lrirlt Wa Ytiiirl il`wi mill irir�l F11ri% '! � sol•sa3 ARATRURpT ARf%�IJACAAIIQ A►a1 ensdne .own wn,.,w.. �_.. _... _. ............... 603604 � Chapter 6 PROCEDURE FOR CONDUCT OF HEARING APPEALS General tit•c. 111. fah Waring Filandncrs. The btl•,nd nuly apptlint onaor nulre hear. ing e%anuness tit de%Ifade tine or moac ill* its ruendlew to serve us hearing examiner% to conduct Itte hcarng%. '1 he exarnuter hearing ilia case %hull exercise all Is+Ners selattny to the conduct of healing% unfil it is subnsitted by him to Ilia 1%1.1141 fill tart N1111. (Ill Record. A record tit the entire proceedings shall be ntnda by tape recording or by an) other means of perrnancnt recording determined to be appropriate by the btiard (c) Rcp101119. The proceedings at the hearing %hull also be reported by a pltulwyagllm; relx+rtet it requested by any party liberals). A transcript of ilia pnxeedmp% %hat I+e nl.xle IN:nktble to all parties upon request and upon payment of rise lee pr4:WIrbad therefor. Such lees may he established by ilia txnnd. but shall in nu o•%enl IV grea1vt then the cost invoked. ail t'onthnumccc. The ha:ud may giant continuances fin gaodcause shown; huwescr. when a bearing ex:uniner has been a%signed to such hearing, as) con- finuances 111.q he granted execpt by him (or good cause shown so Inn# as life nrdlet rensuns before hill) fel 01IIII—Cerliticathns. In any proceedings under this chapter. ilia board. any ho s.od uleuohcr. lot the hcunng examiner ha% the lx+wcr Is) administer oaths and al(unl.da+n+and it) cerhl)• Is) 411114. (f) Reasonable Dispatch. 'I he lsoard and its representatives shall proceed with wasunablc dl%p.a•h to conclude any matter heforg it. I)uc regard shall he shown fin the convenience and necessity of any parties or their representatives. Form of Notice of Hearing Sec. 602. '1 be nouee to rppellani shall be substantially in the following fort. but ilia) induce other infounation; "lieu ate hereby notified lipid a hearing will be held before (the [hoard of Appeals tit narna Ill hearing examiner) at..............on Ihc........day ul.............. 19......... at file hour..........., upon fil notice and order served upxln )flu. You nl,ry be present at the hearing. You slay, be, but need not Ile. reprewated by coup-!. rim nsay prcwnt any relevant evidence sow will he given lull opportunity to eras%-exal"ine all w•itne%%as testifying against you. lieu may retpuml ilia i%wasive a( %tlbpoenab to eomisel IN. alietulance of witrtebwt, and the prxhNon of 1xurA%. discunscut%or tilfser Ihtng%by filing an affidavit therefor with lifteod pit Appeal or nansc sit hearing cx:msincr)." Subpoenas Ste. I413. to) riling of Atf lasil. the board or examiner may obtain the is%uante and wrsice of a whixxna for rise attendance of witnesses or the 20 Production of other evidence in a hearing upon the redpse%1 of 11 mt•mlk r tit file board or upon Ile written dculalsd s)(nny p.n ly. The i%%uancr soul sell, We of such subpoena shall Ile obtained upon file filing of an id hdas•n therelnl Nhlt 11 sf air+ file name and addres%t►t the pngx)wd wilncs%; %Ixcihe%the e%acf 111181p soupht as lie produced and the waterialify thelvol in detail to 111e issue, lu%shed. Mitt sate, 111.11 the witness h11s the desired t1l"19% in his Iso"c sin" tie undet hh coulsol A subl"Ild need not he is%red when Ilia allidrva is deircnve in ally I,.0 ttcul.0 (b) Cases Referred to 1{lcmnlner. In cases where a hearing is ►octretl to an examiner. all %uhlxx:ua% shall l+e obtained through the exalniuer. (c) Penalties. Any 1wr%on who touw% without lawful cxcuw x► afterld Ivry hearing or to prxluee nlatcaad cvidencc in his Isims:%%iun or under hi% control :1% required by any subpoena served ulx+n such person as provided fur 11creiu shall be guilty of a misdemeanor. Conduct of Hearing ilea. 604. (.1) Rules. Hearing%need not be conducted according to Ile techsli- cal rules relating to evtdeucc and w itne%w%. (b) Oral Evidence. Ural evidence shall be taken only an oath or of titillation. (c) Hearsay Evidence. Hearsay cvidencc may Ix; uwd fur the pugx+w It) suppicnnmting or explaining ;lily direct cvidencc, but shall not he suthcienf in itself to support a finding unless it would be adnli%%ible owr obiarlioo u► cif d actions in courts of competent jurisdiction in this %lane. till Admissibility of Evidence. Any relevant cvidencc shall he admitted if it i% the type of cvidcnee ou which responsible persons ure acclmolocd fit rely in fire conduct of serious affairs, rcgardle%s of Ile cxi%lcrwc of any ctlrlulu+n law or statutory rule which might make improper the admission ul such csak•sxc mar objection in civil actions in courts ol'cotnpctcnt jurisdiction in this state. (9) ExcluslonoliEvidencc. Irrelevant and unduly repetitiomevidemcc%halltx: excluded. (4 Rights of Parties. Each party shall have these rights, •wrung alien: I . To call and cxuntina witnesses on any matter relevant to Ilia i%%ues of thsc hearing; 2. To introduce documentary and physical evidence; 3, 11 crops -examine opposing witnesses on any nutter relevant to ilia issues of the hearing; 4. 7u impeach any witness tegardlessof which party first called hill& tit testify: S. To rchut the evidence against him: 6. Ts) represent himw►f Or to lie represented by anyone of his choice who is lawfully permitted a) do sir. (g) ()Metal Nonce. I. Whal may be noticed. In rcuhing aoeei%iun. oflieial arnica may he taken, either before or after subnlholon of file caw fur deei%iun. at any fact which may be judicially noticed by the courts of this %title or of olfic1,11 records of die board or dlep:nfmcnls unit ordinances of the city or rule% and regulations of the board, 21 r � i . yr .•.+r+%.cnuuts uuiLYlnYn I'm fir%its lit' mdtlicd. I'rl oc%III c%enl m the hearing %hall Ise infnnurll of the 111.10 % Its he Ia.111ed. allil illew 611.111e'shall Ile IUBed in flit: feeold. 104:11ed Ill 11a•te111. to -if y+i•o.lt•sI tiwrt'at m.t. 11ppu1•tlnlit) It+ rchllc. 1'rntle% prewlit at the Ifeanng +shall h; given a felal.d•te upp.uuuln), ms willic%1, to refute fife ofln•ially mdiced milflers by ctolen.e Ill b) tunlen of .n.11 pie+cmtruun fit anthuuly. the mamler 611' Much renut.11aIll sit Ire &felt•luulled by the Itil,od 111 liv.ning e%.unnkr. d In+prctlnnal'Ilse prclniws.'I'hello.adits tile lk.singexuntimrmay inspect an) bu11JmF• tot pu•nnw% 181%ril%cd in the apical timing the courw of the llt;ning. foes tiled 111,11 fir► 11411Ea of %tit h u►%lwrpnu %hall Ile given its the parlie% Iseluty the in%Decqu.n 1% made. rill the pal4c% arc grten an oppol unlily to be prewst dur ing the in%pc.ntin. and i iii► the 1„1.nd ur the he:o ing a%;uunier stall +Cite fur the leculd ul„rn cl+nlplellon 411 file in%pe. uoo the nl.ltel all lac' ohwived .onl ilk cunclu+ions dram tilcrelolul teach part) then %hall hr%e if fight to rchut ur ezplein tIc midters %rr %mled b) the build oil heiuing c%.nulncr. Mothod and Form of Docialon See. 6113. fit ticarh►g liclnre liourd 11+v1f. Where a eontc%tcd case is heard M4114; the hams 11w11. Ito 1ne1111k'1 Ille1e411 %%hU did Ilia War life evltlellee Ur ha% lull read the clime lecoud of the pipit cifilly% shall vote lilt or w&c pait in IIIC flit Hearing 111cfilre Golunliner. 11 is conlc%led case i% Iw:md by it I eanng c%.unuwr.drroe,ifs:41allitilhuialca%mnlablelinw(nn1Igo execedA ldaysfrulufile dine the Item uip s%elriw.l) +tllnnn a" 111101 telxs 1 ill the hoald. lurch report %ball cunt.sin a baud %unlul.u) nl file etulcore c(In%ldcrcd .Intl state the e%.uuukr's luoilmg%. cunclu%sum% .111.1 acwnnwutl,llion+. 'file tel+olt uho %hall culn.lin a prnlal%cd deer+fun u► %uel► Is 111.11 it 111.1y IV ad.glted by file luard a% i' deri%osl in the cr+e. All a+.rnlinct + roquit' 111e1 filth life 1141.1141 %if:111 IV 111i11t►'r%of 1pII1I1C record. A copy ill each web Iepur 1 unit pagiu',ed decision sb.11l he nailed Ill c;ch fool) till Ilk d,oe llt.q ale filed it fill file h.i.od. Ic) Cnn%hkratbin of ftcintrl b) liourd—Nonce. The hoard %hall fix the times dine and piece to con%akr Ilea%rsnliwf"s rcporf and prtlpli%ed deco%ion. Notice thereof 41.41 he soailed loca.•1► inlefe+ted par ly suit Ic%s than five drys prior fit site dale filled, hide%% it i%vfhelto i+c stopu61tcd by all of tic parlies. Id) E%ccpthstw to Iteport. Nil 1,11- shim Iwo days before the date Joel to consider the Iayllif 1, art) 11.111) nay 1Ile w omen exception{ to any part orall of the e%;mmilwr'% squirt :old nay atlr►h thereto r prupt►%ed decision dlgelher with wrbttcn algouwlu its support of MWIt decision. By leave of the board, any party MAY Freest {lad argument its tie hi.od. 1e11)i491%ilhln fly the Ititard. 'I lie Ixtard may adopt or reject the palposcd deci%uun in i' collet), fir 11my modify Ilse prolaned deco%ion. 1 p I'r domed 1)eci%ion Nrnt ,ldoltcd. 11' lle probalsed decision is not adopted r% prutidcd in S11I) ctitm le), the swam may deckic Ilse colic ulson the entire retard Mille fi, w ill) fir w illaittt Irking adifilitmil evidence, or nay refer the ca%c Ell " 10 " `.:Y " fYiWi il.iiii Pilw frig ME EDITION SOS to lite some fir another Ifeas ing exunliner to take addiliaual cvolcn.c. If the 4. ;1%r 1% reassigticd fit a healingexiunincr. be shall pscparc a rcliusl and plulal'.cd 11vt fun Its provided in Subwololl (b) bctcul' uflct roy addinunid cvuleot c I.. SubnuucJ ColMderfiiun of Such prulmed del+ion by the hu.ud +hall tirluply "lilt file Provisions of this wclion. (g) Form of Decision. life deci+ton shall lw in writing mud Shall cumrm finding%al licit a deteonmlWion of file issue', prcwtiled, and the ielloilemlenl% to be complied with. A copy of file decision shall be delivered at the apllt•Ilaul lferuntally of scat to hills by Celli ied mail. ixnlagc plepaid. It•nuu lect ipt requested. (if) I'Mclive slate of Decision. The effective Jute of the decision shall be a% stated therein. 23 h NOON" NEW il►ur/ tirlosr t>r.../ I�tsad/ tt�l.r/ `rssrl ItrnW iril►r% iIYW! IlMlri �tiit% IrirrY IWJIi �iitii �11iiQ1% lrrrii iiiiiW - �w�w�•,wwwwuw sour wulwe /YI wYnIYT\rl\/ V/ \/w1\Yr//YYVYY.rYI,\vY 1962EDITION 702.702 ■ Chapter 7 E ronCEMENT OF THE ORDER or'ri1E BUILDING OFFICIAL OR THE BOARD OF APPEALS Compliance Svc. 7111. (is) (;enral. Auer any order o(lhc building official or the Huard of Apipeals maple ponwuti at tilts ctxle ,hall Lave Iecon►c final, no person to whom an) such otter is doecu•d +hall lad. ncglact fir refuse to olICY filly sudtorler Any $.licit per+put doled tad. to cunlply is tilt any such order is guilty of a ntisdenicanor. Ibi lailury to Obv) Order. 11. alter my order of fire bui�dingoflicial or Ituatd ul Appeals otade pursuant tothis coile has beconte final. the person to whom such littler is chrccted %ball 1.u1. neglect ur refuse to obey such order, the building alhcr.t: eta)• 10 curse such person to be prosecuted under Subsection (a) of this $.¢drum tv lul iiistitutc any appropriate action to abate such building as a public mosande it: I 1 ailurc lu Continence Wirk. Whenever the required repair or dentolitiun 1s at cnnnteucrd it ithin 311 d.dys aftern►y final notice and order issued under this rule te:umcs elfcence. 1 lice building ulficial shall cause the budding described in such notice and older 111116. sac;ted by pstsaog at eaclt entrance thereto a notice reading: UANW-MOUS 1)UII,UINO Ix) NUI OCCUPY It is a ntisdcneanur io occupy ibis building. fir it) ren►ove or def we this nitice. building Official ......of ............. 2. No person shall occupy any building which has been posted as specified in this %ubscctilin, No person shall re none or deface any sob notice so posted until site rcpaa$.. demulniou or removal ordered by the building official have been asnpfeled and a Certificate of Occupancy issued pursuant (lathe provisions of tilt buildnt} Code. 3. "Ile hudding till icial nay. in addition so any other remedy herein provided, cauce the budding fit he repaired to the extent necessary to correct the conditions uhich rerutci the balding dangerxrs as set forth in the notice and urden or, if the rrdice and littler required denidtlitian. to cause the building to be sold and clenuihshed fir dentoli+lied and the materials, rubble and debris tharcirunt svaisn.d aril the list cicriicJ. Auy sucb repair or dknxilition wink shall be ;kcartph,led ,dud file cost tlercol paid and recovered in fie manner hereinafter prtwbeJ in tilts rise. Any surplus realized from the sale dif any such building, or %riNlr the denutbtion Illeicol, liver,ind abuse flit cast of dd nwlithm and of claming $tie hil. shall le paid user Ili file Imuin ur persons lawfully entitled drereto. 24 Extension of Time to Perform Work Sec, 702. Upon receipt ul un;giphratiun front the person required Ili Ultdt)t itt to the order and ;m apreen;eut by such penun that be will curglly %till IIIe otdrl it allowed additional time, the building filucial play. to his /llsticnlm, giant .lit extension of tine, lint to exceedun additional 1 NIdays, w ithnt w hit h u►curigilcgc suid repair, rehabilitation or demolition, if the building 11111CIA detennmc, that such an extension of line will nut create or perpetuate a situation innuoently dangerous to life or property. 'Ihc building official's authority rt cxeud lime n limited to the physical repair, rehabilitation or demolition of the, prcnu,cs and will nut in ally way affect the time touppectl Lis untie: and littler. Interference with Repair ar Demolltion Work Prohibited Svc. 703. No person shall obstruct, impede or inicifete with any officer, employee, contractor or uuthoriied representative of this jurisdiction or with any Person who owns or holds any estate ur interest in any building which has been ordered repaired, vacated ordainalishcd under the provisions of this code, ur w ith any person to whoin such building has been lawfully sold pursuant at the provisions of this axe, whenever such officer, anployce, contractor or aught)• died representative of this jurisdiction, person having an interest fir c+talc in su: h building or structure, or purchawr is engaged in the work of repairing, vac;ding and repairing, or denwh%hing any such building, pursuant it) tie provisions of this cone, or in perfurming any occcuury act preliminary toor incidental to such work or authadred or directed pursuant to this code. 26 Iw�.sl (V�r/ lLrrJ �r flWr�% t4rli% II Wog 001.802 ABATEMENT OF DANGEROUS BUILDINGS Chapter 8 PERFORMANCE OF WORK OF REPAIR OR DEMOLITION General Svc. Hill. t:A Protccdare. When any work of repair or demolition Is to be done pal %u.u+t a1 Set uun 701 (c) 3 of this code, the building off icial shall issue ills Oalcr thctelof to the 111g,,ct11r of public works and the work shall le accotupli%hed by {a'n%ouml of thi% juri.dictlon tit by private cuntrikt under ilia direction of said due%t11t 1'Ians and %pecduatioos therefor nrly be prepared 1)y said director, or he m.+y cutp6)y such tuchitcctmal and engineering a%%istance on a contract busis as he Ilia) dcenl reason.tbly Ilcces%any. It any part of ilia work is to bt: accomplished by prr%ata coutract, standurd public works contractual procedures shall he h1114med 111► Ctmtx. 'I he cost of such work shall be paid from the repair and demolition fund, and nta% he nuade a %pceial asses%Illcnt against ilia property involved, of 111.1y Ill: 111.1de it personal obligation of the property (wner, whichever ilia legisla- live Ixxly tit till% juri%th%tion %hall detet►nimc is applupri:fic. Repair and Domolition Fund Svc. ill:. r.0 Ceuvrul. 'I lie Icgt%lative hilly of this jurisdiction shatlestahlish a spcetal le%ol%utg land to lie do+igI Bated as the tellair and demolition fund. 11.1) ntettl% %11.111 he al.wfe out Ill said tuuJ upon the demand of lite director of public eulk%Uldelra) the costs :u1J a%pin%c% which may he ittcurrcd by this jurisdiction in doing or call%mg to to 1h1ne the nevc%uay work of repair or demolition of dangerous buildings. th► Muhtivuaolce Of Fund. 7 he legi%lalive body may at any time trunsfcr to the rcp:ur :u1J demolition ttnxl, 41111 of any moray in the general fund of this jurisdic- tion. %ucl► %uul% a% it III.$) deem necessary in order to expedite the perfonttance of the work of rep.rir o+ deutulitiun, •and any sum so transferred shall be leaned a loan to Ili repair and demul►uon fund and shall be rcpard Out of she proceeds Of the •ollecli. ors hercnralict put% Mcd fur. All fundscullected under the proceedings herctnatter provided for %11.111 he paid x1 the treasurer of this jurisdiction who shall credit the s:uuc to the repair and demolition fund. 26 Ili r, I w 11111.111M L" Ilw "a bmw Loa 60A L 1962 EDITION 901.904 Chapter 9 RECOVERY OF COST OF REPAIR OR DEMOLITION Account of Expense, Filing of Report: Contents Sec. 9111. 'I he director u( public winks shall keep an itumiied account 111 the expense incurred by this jurisdiction in the repair of demnlniuu of an I'uildiug dune pursuant to the provision% of Section 701 (c) 3 of this code I lisle the completion of ilia work of repair unknutlniun, said directtr %hall pre pea and tile with ilia clerk of this jurisdiction a report %pectl'yulg the Hulk done. the itcuuicd and total cost of the wink, a description of Ilia IVA plolvIty upon whit 1 the building Or structure i%Ot was Itwatcd, and the uattn;s and addresses of Au lwnun% entitled to mltice par%cant to Subsection to of Section 401. Report Transmitted to Council —Set for Hearing See.902. Upon receipt of said re{xn I. the clerk of th1%juri%diction %hull present it to the legislative txxly of this jurisdiction for consideration. '1 lw legtslm Iw holly of this jurisdiction shall fix a lime, date and ill -we fur bcallug %.lid Bell, ,rt antl.u+y protests or objections thereto. '1 he clerk of this jutisdlctiuo shall C-111 a uulka of said hawing to he pxntcd upon the property involved- published once nl :t newspaperofgeneralcirculationinthis jurisdiction,anti ma dbyceroficdmall, postage prepaid, addressed to Ilia owner of the propel ty 11% hi% "ante .ukl adthes% appear on the last equalised assessment roll of the county, it %u%b %a ap{x•al, con a% known to tlx: clerk. Such notice shall be given at lcII%t 10 days Iniur w the dale %ct for hearing said shall spedly the day, hour and place when ilia legi%lati%c Ixxty w Ill hear and pass upon the dilator's ferxtrt, together will► any objection%or plotc%ts which may be filed a%hereinafter provided by any pcisun interc%red in Or AICCIcd by the proposed charge. Protests and Obloctlons—How Made Sec. 903. Any person interested in or affected by the proposed charge may lite written protests or objections with Cite clerk of this jurimliction litany tithe prior to the time set for the hearing an the report of the director. Fiwh such pkaLM or objection must contain a description of the properly in which tw signet thereof u Interested and the grounds Of such protest or ubjection.'i'he clerk of this Juri%dic- film shall endorse On every such prutc%t or objection the date It wits Iccci%cd by him. lie shall present such prote%t% or objections to the lcpi%lativc body 411 this jurisdiction at the little set for the herring, and no other prutc%ts ar ohicctiun% %hall be considered. Hearing of Protests Sec. 9114. tllxn► Ilia day and hour fixed for the hearing the legislative holly of this jurisdiction shall hear and pa%%upon the rapwlrt of Ihr: director together wish any such objection% or p ill-14. 711e 14%lativc txxty ntay mike such revi%inn, cutrectiun or nxxlificaaion in the report or :lie cluttge .1% it luny dean) ju%t: and when the legislative Maly issati%ficdwfill lite conaune%sIlltile change.tile felsxt 27 • M -�.�..............,....,..-sass .-.. _..-... _... _ . . __. _ .,�._�_..._, rind 6"d Wa `rYs+ iiilr lrwlfi W�sii LW i.1i:i11 Orirlll IGiii11 � 6U 6W .q.a Ie04.00B•AATe%%a$tTne$,.t�+wessn..ww....w...,.w , 11 _ ""•"•" —' �.'..�r..vVYMVI�Y$1\YO iY0/tYlll(JN 909•912 (.N,III 1111111Y+1too .1% let NA, t•11Ilet lcd Ot III11411hed) 111110her Willi the clnlipa. Allall bctosnfnnu'dlit Iep•tfed Ihl: detmilli All file lepI,Idtivelkkty411 Ihls lrrlsdic1111n Ua 111e 1e1i111 .111.1 Illy t11.11I-V, and un .dl 1itIsIv%1%lit u111VOi(Ini, %hell be final and t out lu+ls c. Personal Obligation or Special Assessment Svc. 909. 1.1) (Ietselal. Ili. hpr.Lltl+e Ikkl) All fbl% juristliclion fully there- upon lintel 11111 ,.nd tbalpe ,hell IV All. it pets(It.11 ul+figaluul lit file pinpelty uwaer ur a„r,+,.lid +help¢ a}.hint dt• pltyactly involved. Ill) 11er+otsal ( 1111gaUoli, 11 111e 1v)!ls1.t111'c lkkfy t,I IlU% jOfiMlicli1,11 Ufdcft. lhltt the th.11pe %hall he a prl..111e1 4 11111s1111111 lot file pngs•rty oswtter, it shall direct file attuflle) lilt llli, lull+dscnun Ira culled the %alto 41111k11.11f of I111% jurl,diction by saw ill ell epplsry+sl.ue legal leutodles. (c) Special A+witmu nl. If file leptlulive btsly of this jurisllicliun orders that the ds ryu %hall tw U%W%,ed ap.11IN file prop+crly it %halal amfhm the usiesnlcnt, callse III¢ %.Isle w be re4:611111A lit the a,w%%I11etsl Full, and thereafter sltid a++ass• ua•nt ,hall c$a1%11fule a %pedal is-e+imem apainst and a lien upon the plolael ty, Contest tiee. 9116. '1 he +solidity ill any usseisnrent made under the prtwhiuns of this ch.gner ,halt nut he +untested in any iKliun Air pnacecding unlcis tilt same is cunmuemed 11 rthul .10 da) % aher Ille a,wi+alenl is placed upon rho usscsulunt roll a, pnuvukd licicvu. Au) aplaal hoists a final judgment In %licit ucliun of prineedmg Imam be pvIfected tatshal MALAY%offer the entry of such judgment. Authority for Installment Payment of Assessments with Interest See. 9117. 'the lepl,laa+e Ikld) lit Ihi% juri+dfetion. in if+ th+xrelion, may docrnnnc than a%.es,nleaN in umuunt%af S.Stx).Wor more shall be payable in not to cx+eed Fite equal annual ismallnk•nfs. 1 he legf,lafive t,ady'%dChllltitlalig1110 allow IIA)nletsl of %dell ;1,+e+,mcmb n1 fnitallnwnt+, file nullifier of ismulln►enls, 11hvilwt they %11a11 bear intere+l. and III¢ rate thereof shall be by a resolution adopted pnuh a► tho conllnnaliun of Ilse assessment. Lien of Assessment Sec. 9011. $a)14h,rby. Immediately Upson Its being placed on the assessrncnt hull the a,w++nlem %hall he deemed In be conlplcle, the several afununts usussed shall he payable, and the a++es+ment+ --hall he liens against Ilse lint. for pahceis of 1,11,11 a+,c„ed. re%itcostely. '1 he lien %hell he sulordinate to all existing +pcciul a+ie,+twill heat% pica iuu+l) fngi$„cd npkln file %nine prop,orty and %hall be para• mount to all $offset hem ekcept for %tale, cuunly and pmpscrly taxes wills which it 'oh -Ill he upx+n a p;tsuy. l he lien shall Am mnua until file ai+esstnent and all interest due 411111 payable 111t:rcon ase paid 1b) Inferc+l. All %ucls a+,e++menl% remaining unpaid after 30 days frunl the date of reulrthng un the .tie%suletst hull shall hecume delinquent and shall boar interest at Ole rate of 7 IwAXIIt per annurn frum and after suid date. 26 Roport to Assossor and Tax Collector: Addition of Assossmont to Tax 0111 tiee. 91119. After c•onlirnlaUla► ill the roparb cerlflicl cupiv+ill dk• e,+e„nlcut *hall Ise givers ill file n„eivn and file taw cu0ech,r fur flak lumaj Ilion, %hu,ltall alhl Isle 01114111111411 the aiw%'.Ukllt to the $text K•gaL11 I.Ix 11111 l+•+iell alsun+f fill? parcel fur Iuunicilml purpdnc+. Filing Copy of Report with County Auditor tiee. 910, 11 Ille county u,w+sor and Ole wanly tux collector atwt.+ pl,+lxrly null collect lakes flit 1111% jurisdicliosn, u cerilhed cosily Ill she Imc„mt•nl ,11.111 Ile fled Willi file cda Illy auditor on for N-f ate August loth. '1 he de.criptiun+ of the parcels reported shall he thuce uwd fur the %ulue p:uccl, uu Ilk' cuuaty a, mill'k nlaptxluk'- fair tliecusrent year. Collection of Assessment: Penalties for Foreclosure Sec. 911.Tile giumint oal'the isk%eksilluill shall Its: ccillected at list! ooatna: little and In the %nine manner as ordinary properly laxc+are collected;and %hall Ise,tsblect to the $mine penullie* mid prtwedlne and sale in caw of delillyuetscy a, provided fur ordlt►ary property takes. All laws applicable to file levy, cuticc•liun .Ind ctsf0hcosncnt of prllperty talc% shall lac upplic'ahle to %U01 n++c,+tsient, If the legislative bdxly of Ihi%jusIsdictiull has determined I11;11 file ask»meat shall he paid in instullnlenti, each inslalltnent and "say inte►e,l 11wicun %hell he collected in lite *mine manner its ordinary prgwrty tuxes in succei,ive year-. If any insfullnlonl is delinquent, the umuunt thereof fs subject it, lite same pcu.11ue, and procedure for sale as provided fat ordinary prospterty luxe%. Repayment of Repair and Demolition Fund Sec. 912. All money recovered by paynwnl of the charge or aswSslui nt nor Iron, the sale of tits property at foreclusurc safe shall he poid to the 1rea+urer of This Jurisdiction. who shall credit the same to the repair and densnhnou fund. i XNPO-2 TELEPHONES I �� 105 MUNICIPA AY, SURD 301 (907) N&1325 (907) S86.6526 JINVEAU, 99801 f �lf�S September 17, 1985 6 To League members and others interested in Alaska local government: Attached you will find a copy of the "Draft 1986 AML Policy Statement". This particular draft was adopted by the AML Hoard of Directors on August 22, 1985 in Nome. , The draft policy statement is provided to you for discussion purposes, and to prepare for the 1985 AML Annual Local Government Conference in j Fairbanks, November 13-16, 1985. The draft statement is the working document for delegates at the Conference. In adopting the draft, the AML Board of Directors considered recommendations from the AML Legislative Steering Committee, who met August 1-2 in Cordova to consider proposed changes from sub-committess. when adopted in its final form, as a result of action taken during the Conference and annual business meeting, the AML Policy Statement will represent the collective goals and philosophies of Alaska's local government officials. It will be used by decision -makers at the federal, State, and local levels of government as a guide in formulating laws and policies relating to municipalities. During the annual conference in November, a policy section meeting on each ' of the ten areas in the statement will be held. Additions and deletions may be made at those meetings, and the business meeting. I II Participants are encouraged to discuss this draft statement with others in their home municipality, and come to the policy section meetings with their suggestions. This is, again, only a draft document. All proposed changes to the 1985 policy Statement are noted. Proposed deletions are i within (BRACKETS). Proposed additions are UNDERLINED. I If you have not received enough copies, please feel free to duplicate the draft document for anyone who may like to have one. The more people in local government that read and comment on the draft, the stronger our final 1986 Alaska Municipal League Policy Statement will be. Be sure to register for the conference in November, and I look forward to your participation. 1 Sin erely, Scott A. Surges •J Executive Director MiMWW OF THs NATIONAL LEAGUE OF' CMXG AND THE NATIONAL AesoCAUM OF COUNTIES 1 I ALASKA MUNICIPAL LEAGUE 1986 DRAFT POLICY STATEMENT (as adopted by the AML Hoard of Directors, August 22, 1985) For discussion and action at The 1985 Alaska Municipal League Annual Local Government Conference November 13-16, 1985 Fairbanks, Alaska Alaska Municipal League 105 Municipal way, Suite 301 Juneau, Alaska 99801 1 I r i i it 1. 1{ 1 M •`i,C•'.• i w• y c v ... • •�'i�! A. IDCAI. 7PX IMLUF The IM*M supports stata-funded relief for local taspgm akwo such relief does not rsdwe the tax base or the tax -levying audtority of the nuAcipality, and does not adversely affse3t the madi<etability of mmicipal bands. DEM FNMW I1. FZMdim Ie9islaticn Passed in Timely Meruter: in order to Assiat local Wmmwnb Minwalai planniM, the Lrges the C;overnor and the Legislature to pass the roses ZY fiMding LgiWatietf for state rievenue dating and local sdtool funding in sufficient time for mmicipaltties to incorporate the additici al rev+e k s in the annual budgets. ft League "takes dte Go= r and the I.sgislaturs to pass *a neoesaary ltmdiM I� elaticn for ai-p , state -!laded grant and contract programs to local 9mmranerM in sufficient time to Maintain an oadaly am t1maticn of aperattaw, but in no case later than June 1 of each year. ate League A dter advvoates dtat if a ch Anfing legislati,an is not app mW by that date, that the UwAslaturs A torise funding and disbars msnt of the awping progrw for the first quatter of the fiscal year.] J 1.I2.1 AdnUdatratsan of Comte & Sttit1wenw, Ztte Ieagus supports legislation [atltt�ttatirfg delay, etooesalvs and burdeneane adadrtistirativie r+egulaticns, and ooaplexity assodated with adat r stzatias of tamidpal entitletrnts and grants prngramw by state departments and agencies. ftbAstratien of gsants and ettitlwa nts should, u tern possible,. be consolidated in a single state deparm tt.) sinpli ting cgcant g y ri p m s and prohibiting tits the grants, and opposes any restrictiaw an tits retaydm or use of bt=est earned on grant 11Mds. 2. I3. ) rough Ftads and (]cants: Zits Ieagtte encourages the Isgiwlatue to adopt policies far paw-tIwwgh ft & to nor-preYit oarporatians that do not cause any present or ft b= liabilities m the =ntclpality. 3.I4.1 ibputatlan Datennlnatians Zits league w4warts Ion an amwrl bawls following] the M of federal germs (practices for deter dnation of] guidelines bo detewdne resident pepalattan RwAed oa reeldwwy for ptrpores of deteanining] fcr revetwe abaring and municipal asaistwm. 4. IS. ] Tatund Furdim: The Lague utoges the Isgislature to establids a forward fhrdisg p OP= tar asalstanoe, msticlpal revtenne gwx: rg, sd=l fa>edsticn, and sd=1 ocnotracticn pangrwr and that Ithe LgLlatuce begin setting aside fulls for the twet fiscal Yww so duct the propw May be fully lnplewnted at the earliest possible date. ] the initial fwtdw coca fu= dte ear Ams ai the F Mattw* Ftad. J DP18Js: SiTE.Y I6. Criteria eased ital a The League suyportS exiteria based capital 54otieg systeme by due StatQ. -1- I 1 I i I I T osm, ENrn 3S 11. Cmwlidatiam of n4lgeg Assiistanoe and State M mm Staring Program: Rye League endorses the owmliidation of the =rent Kmidpal Assistance and State AnVenmme Sharing P=g=s with the $udimg of the consolidated p9-mgzam at a level of at least M of the prior year's state opeaating budget so that mtmnicipalities can contimue to provide important, needed services while holding doamn twws.) M. State) Aevewe WIM: (a) [if the t�slature does not ca volidate the azzent State et Staring and Mmicipal Assistance paognms, the League supports mnmual b=wses in t!e State FAIM me ShariM Program4, The) Thee loague awe is the State lievenus Sharing Program. Chwo to the animal appnacprlaticn by the ?"slab to the State Reveeame Sharing Program should (lnoluda an in=M of the FY 85 legislative appznpriaticn) be based an suds criteria as state papulatioh, inflatiah, cost of local gavauent services, and cat her timely cornsidaratiaw. ib) In dam eases where legislation is appa ved increasing the state revanus dwing antit1 ent for specific recipients or for a specific purpose, the League advocates that the total funding for state revenme sharing be increased acoorelingly in wader to p vclude the dulutiam of fi num to other seoipdents. (c) 20 lamps supports an increase in the state revaus abasing minimum allocation. (d) Tie ssagae &*ports Icoetinmedl fuU state f 4bq for moad mainta mcs at I lavelal the 025M Per mike level detemmd:ed by the Pint Session of the nth State Legislatamre and (adjusted muallyl the adjustment of that amommmt to reflect increased cost of maintemamce, since that date. (s) 'the League svysorts erliRtab 14 { �of2ayn Eu, and an initial payment of not less than 751 of afttlffMt, not later than My 1st of each fiscal year. 2. I3.1 Osmiaiyal Assistance: I (a) if time tegislaturs does not consolidate the amrra t State MANGa wring and baanlolpai Asaistamoe Programs,] The ran supports the =, ltmmmding of the IEY 861 aarrmjnt year entit lwant [at the statutory level of at least 3C)1 of the FY 85 acIII Pip ade dSN= tax proceeds). CMEM FMMtPd.Y I (b) Time Lan llmrther endaraes a dram to time ecisdM Mmioipal Pmocpam that would v=dde for the dLdmzsememt of municipal assistance Ards to all murdedpal.ities on rd=uary i of each year.] 1. Stats,<Wlected, locally Shared Tawas Muud t� in Alaska pregently derive eigniftowt reveramaa ft+am State-cal]ected, locally dme vd faeces to help meet their basic operating agmres. It* League, dwafte, gVoses reductiam of such rec+enamea d=ugh eliminathen of such twos unless other equal ==as of r+ever s are made available to Local goueaVwts, or eSpuopriatlans to cite for lost revenues are made by time State. 2. 1lmnding of Local Cbpital Psvieets: the Teague aapparts the estabiidm nt by atatamte of a "block graamt" appacach to a partiron of the state Amiding of local capital projects in cyder to alloy the decisions segasdinng local capital project pddoritise to be made at the local level. E- 2- e n �7 -- ■ 1. State- wdated acetions1 20 Leagm opposes the *mitian of Statovwidated exceptions of outain classes of property, inndividaals, crWdzatia m, or oumaties from the applicatias of taxes unless (adequatel full oanpensation is made Iby the State to reW=se local g mMentel far lBVen m lost an —to -Am eeu tim. 2. Nwynte-in-tlaus ft League ardorses the Ipositian utmaby the State wcul8 pray to the local WA ments a paymsnst-inn-lino of ad vaimm taxes for the State -MAW property as woo as peymrmts for its dam of the out of impaeass u to and services which specially benefit such p noty.l astabbliahwst of a pwPm for ntr-in-lieu of taxes for insnvod state =Duty within a asasialpalSty. - 3. Rift To Taxi 4lse I&** apposes any further Scats effort Ian the part of the Statsl to Lay a pmoparty tax which would infringe upon the rdgkta of local g"amersts to lay the same Me of tex as levied at other p xperty within the toting jurlediction. r"vm- PNPIIiB.Y I4. Pum nsl Prapertys the Lsagn supports legislatiat which would prvtrlde tar W apticna ancsmpUm or a partial emptim of personal property.l 4.(S.) interest Rate Limits The League ssgports legistlatian to ZEoae the ltadta estabUdW in tle 29, the Oods cn the penalty and interest Me for delinquent prgm y and alms toc payments and allow mmsicipalitles to set their own rates. 546.1 Waiver of Tax OollectUms ft League endorses Lgislatim to pmdt the waiver of colieat m of tmu costs exceed taxes due. P. PJUC EKMOStFEB RMIFOW ft Lague urges that in any legialation WUch inscs ea m oast of the Public &ploYaes Petdsnesnt 8ystata or the 4radsers Pet xwmzt System dun to lncr+eased benefits, the cost be borne by contribatims fz= the amployess. go League urges the Legislature to rsq zu� e—t anal rates to addesss the lmpaat on earls puticipating municipal esplgW, if any aasn*mnsts are vab to IP3i8 and TRB.1 the mia Fbgloyee's Petimresnt SYatem, and the T tubers Petlxwm nt Weten. 1. Utilization of Local Health ftcilittess line League urges the state and federal agencies nsspaidble for health care to udlize the local health facilities and to transport patients to m0n al centers ady sben necessary services an not avai]able. 2. ins awm d State n4gjM The Lague stmgly ssff=te increased stets funsdinq of hospi- tal O=tvxtim oasts and of speWal bmital and health facility conutrnotim and operating onto. . 3. Smarmts Fkmdinq fbr Hon alss zlse League strongly mVp=ts funding of hospital and lmltb fallity grarsts cutedds the mtmlaipal rsaaease sharing progm 4. Fungnssi for Air/Saa Aftdance Suvicess The Lague agpoa<ts a pan pm to cmw the coat of aarssporasg—yatienis mregaasai Mtn care facilities for treatment, in a medical ame"e W. -3- .i7 .\. r...♦ aw• H. FIM NM/V= N➢OZfS 1. Fiscal Notesh 2e League aj;pmu enactment of legislation zegairing the State to prepare, in cananitation with the iapacted local goaahssheht, notes assessing the fiscal Inpact on local gmennnhent of any proposed bill or zsgulaticn, inch ding Pass~thn* 4rw ta. 2. State Mudatesh 'fie League urges passage of legislation which would require the state to retab was mrAcipalities for costs they incur in progwe cc activities mandated by the State of Alaska. 1. Federal Arm= SwinALs 9a League Iopposes any efforts by the Mited States Om xess to amtnhd M Genes) FnsvW= Sharing Pzogsaa (federal) in such a way as to nachos the altocaticn to to State of Alaska below the levels of entitlewit. period 16, such as, but not limited to, stbstituting the Aqpreseritative Tax System for the othtiecc t netihcd of n uvzing the tax eapse ty of a state.) szporto eahtim aticn of redosal Fbveahe Shoring at FY 84 levels. 2. Outer Omtithentai *edf Fleva ue Sharing: (a) ft League enAns o 1 enactment by the MAW States Congress of an MS Aevrnue Sharing Pu gzafp, to be furled am ally f = the moseds of the oil and gas leafs sales oil the = at the lave) of at least $= udilim. (b) Oft Lean wtomatic Pais-thrcugh of at least 0 cf a state's allocatfan ditatetly to as mjdtias affected by OM activities. (e) go IAM*n enOrs" the concept that a state's and eomronity's auccaticn of as iwww4 Awning fulls be used for coastal plashing and ptepustion, rewmae protection pzograms, canstsuctlon of COLW iafrastsvcaoo resultitg Pma = activity and health and social swmice needs nodtithg fsaa CM activity. 3. On League o ports continued ttadlrhg of Federal P"M to in -lieu of Tales. EM:..: z. 1. Ptrnlit>g far Sdwolss &A State of Alaska should asahm hill fin xxUl zesponsibility Ifar the meLhtatm= and epu tkn of prig 4 schools) far basic education. A ftU Muting should not Coe used as a reason for the State to inftirge qah) irkdbit the nits of 1cal. (peoplel eaaneht to xWlsmast the state cc federal funding or to s6mnister local sdhools. Land !)hat the Iegislattme and the 07Anw ze hms state aid to local 90UMMOM is for retinumt school constructlen debt at the W% level.) ¢) *a League shyporte and anacur q" local effort. (A Zlhe League SIMMU a focodaticn fomula which includes forAwd funding and full llnrdlnhg for bada aftwatlau 2. Basic Pxlraticehs 2e League zeooieprds that the AMt,/YegLlatnnrti+/= define basic eduhhaticen. 342.1 Bonded indebtedness: (a) ft League also urges the Legislature to appropriate the total (Stab approved, Whoa capital indebtedness inanrned by auniclpaiities.l Mnicipal atit1suant for =dd=sement of schwl debt and school vital expenditures. -4- / R w (b) The League• urgeb the State Department of FY3 mtien, and/or the legislature, to revise the regulations S=ulgated to define the criteria for state reiuburs n for sdnol debt to include the total ommuAty/ectwol concept. DELETE FNIT M (3. The League supports the local incentive concept as stated in the future Of tl]eDqmtment of Education pwp0sed sdnoal fiamdatiPn f0=LU.] 4. Fbst-.,eood SAacatiana The League urges the Legislature to pagoA& adequate capital and aperatioaal R ding needed by the University of Alaska to bring all of its corpuses to an adequate level of support and to aid the trdversity to fully service the hies education needs of the State of Alaska. The League urges the Legislature to set up guidelines to assist ==nitim considering m nicip i with regard to gear of the edueaticrml systesa. C. B= PIIM'DC ARMS The Tea%* xWorte legislation to clarify aswbly/oauwil-school board relationships and gooses legislation Q%tch would diminish asserbly/boancil aud=ity in e&=tdan mattiars. D. I.1MUIM ADD DtT3F" The League supports caatimed funding for gsanats to municipalities in the Stare for the costt mLim and egnippiaag of libraries and masses. PM III FTKTr SAMY A. P202CM 1DO= 1. State Mlic Safety Responsibility: The League strongly urges the Imo slature to pwvi& Hall fund m cf the fta rtuent of VdaUc Safety so that, at the very least, the asrze m level of services sta mdAe can be m b t tined. 2. Detention Costs The Teague reoamnenads that costa associated with prisomer care and ,i primia t=rwprtatiaa be I - — by the State. *mn a mmiclpah police officer makes an arzest for a vio]atim of a state lma, the State dwuld ocntim a to assume the legal. and financial sempmast ility for ells prisoaner as soon as the prisoner is inoar+cerated. } B. IAI . I 1 t� T1ns Peaces ragas the la#slftm to assuage that local full time and volunruaw police, fire, and enn wpr y medical personval tiuoughout tits State have access to adequate facilities and pszagtan zeea>xaes for training (of local safety people). Further, the League ezdozses public ' fire e&mtim and arson investigation, Village public safety officers, and the police standards oonancil. 7lA Teague urges full funding of these paaogo ma. ABUT ADD DCb4'BPIC VZOIIIRZi] =- I (1. 91mstannee Amuse and Domestic VicleAoes TUB Teague reoocpaizes the serious individual and yd94c aafety yublwz that exist in all cmmdties in Alaska as a malt of sttastum abuse and domestic vlolenoe. It mWorte the atomment of the domestic violence sections of Title 25, Mattel and Domestic Aelatlrns (AS 25.35.010-M 25.35.060), in all parts of the State as a pig safety priority.) 1 L (2. Financial Dspwtf The League m*Pmts "uU finw)dAl assistanoe for programs iuPacted by mandatory services, enforcement, referral or sentencing.) (3. Municipal Support: The L8M9w encourages municipalities in Alaska to &Out a ding pasitiaus of family aorVW&Ung on d%W and alodx)] programs as a %Wort for the existing jumble probstiom system.) C. caw SssM 1. Use of Ty CMwity: The leaque encourages the court system to make maxima use of TV arpedty and other cost savinq te&zdg es for arraiWment, 9rud Jury, and similar court bAwtiwa to ml w the burden an highly trainedt public safety petwwel. 2. J►dicial Presemoe: The Teague aupports the funding of a judicial system that would assure the pz+e MM ci sufficient judicial dfio= in each oar vdty in the Stets when the need arises. 3. kcal ZXiaiss Rtre Ieagw z+eoarmemds local felaiy trial$ if adequate facilities are available in the amity where the offense oaanrred. D. Sl914E ASSIOMMS (1.• MM W PUN= SUM Ar-2) 1. Emenlsrrc,Y Mamegemmt 12. Civil Defense): 20 League supports full State and federal' finding of civil defea=s and ems+rgemcy preparedness activities(, fly in regards to emergency =Mmlicati ms, medical and food ag;Splies) . 243.1 Fire Fighting Pa:ts Rene LHagus supports full finding for basic fire fighting equipm-it wnici meets minimum rnst=w Sezvices office (SAD) or state criteria for wall Alaska cities and fire SWAM diab cts. I fte—A.,eQ 'h—: qhe rAMM encam aQs state fundinm of oceitlaw for oaanselingr on E. Kwazdou8 Materw-S PAwt Pw IV LAk+D use A. Iflf'AL CPl'lW League feels strmgly that leas psrtaWM to the powers of local planning and =1M gust allw for the Vulest flexibility at the local level. 2. The Isagus suppo¢ts the z+Mdument tuft the State amply with all kcal land use and Shavisiar zegulatiam. -6- JAil ,i j m l-Mil��� 1. Faswentss Its League ragas madification of State Statutes whidi enommage the practice of blanketing all waterm" within mrdciW selecti,ons with reservations for public easements and enanbering patents with undefined easenvstts. The Logue, however, the policy of preserving needed specific rigtrts-of-way and easenents which provide for present and fift" puiblic acoese. 2. p mmW= and land Uses The League urges (1) immediate = eyanoe of Native and State lands presently identified and jointly agreed q= for selecticni (2) the State move e4peditiausly to omplete in -lieu cash entitlaats and to convey lands to mmicipalities with the least amount of mumbranoe and r+estricti,onst (3) funding of a cooperative metal land use planning ommissicn to expedite conv%w m of lands not yet jointly agreed upon by eoasiderinng mxnicipel, state, and federal intereste in lands affected by the land selection process; (4) fundinng for the surveying of municipally selected State land; (5) the modification of regntatiam for greater flexibility in the use of grant fU nds by municipalities far tine disposal of manicipal cunt land enntitlenentat and (6) the Hill and cwt hued funding of grant I , 9 , s pertaining to the disposal of nnanicipal grant land entitlements. 3. land Bank Progrmms Should the State of Alaska pass legislation adopting a state administered land bank program; the League supports flill participation of affected mmicipalities in land bards negotiatiam and no land bank agreettnpit may be made without agreernennt of the affected pasticipeting mmicipal ty �-. C. Hf81C M no 99309wiQT Srm I. MM=Mts & Historic Sitess 'fie League supports oonrtin uatian of a state matdring grant S and funding for aaquisitim, maintenance, and rehabilitation of mwanernts, historic sites, and right -Of-way. 2. COS= Pecseatlas Sites: The League P4:t= s the establidment of a state matddrig grant p1 - g p p to be used to in the cost of projects initiated by c=v nities to aogcsire, dradw, or extend local outdoor recreation sites and facilities. 3. Pecneaticrud ortsanitiess Since many of Alaska's citizens recreate outside of local jurLedictions In %hich dray reside, the Lune urges the State to amcise its responsibility to praride a broad speclztan of recreation c%m-c dties for Ali Alaskans. The League strongly supports adequate funding for imQrvved deteelgpmt and maintenance of accessible parks, rocaude n areas, and trails. D. C1 Lg= HVVjMM 1. Local mntsols 2w League sVports oast ned and mundum kcal asntrol in the dmelopment, mutmgement and implemmtetin of coastal planning and policies. 2. Entr3-Rprritoriai !;ahnitgs The League st;pnnrts the concept Of -a t w territorial" planning by mrdcipalitles in the unorganized boast* with statutory provisions to permit the Alaska Cbastal Fblicy Council to adopt the "eactsa-berritmiar pian�g as part of the Alaska G�astal t3atsagement Ptogram, provided that the planning prnoese Allows far participatton and eanmII by all affected private and quasi-shlic parties, and is mutually agreed on by affected _ local gmernmenta, until suds time as a resource district plan is adapted. J 3. Agmpy Aaview of Local District Progmas All state and federal agency cmuents and be =do oWedttioualy by these agencies prUr to local govenvent oanoq ual approval of the die d t plan. 5L' III 1—. 4. Coastal Leasings The League dis3oourages the State f3= Pzmdg oil, gas, tideland, or mineral leasing activity in a coastal area until a local coastal m3ssa9mimt plan is in effect or the deadlines for establishment of that plan have axed. 5. Financial Supports to law1w enooureges state finarndal support of the Alaska Coastal ManwAfflent PrOPM 6. OCS Aeveare Sharhrsgs The Ieegue stppants the State in asking to receive a sure of offshore drilling income frsm the U.S. Gcuemra tt to pay for iapact of axis a program, and that a portion of that income be returned to the isspacted cQm anitiea. E. VionViBZCriB 1. Roof of Apptwals Subdivision of ]and is a major factor in owu unity developtent, creating patteass Qdc h has long lasting effects. Aldhou¢h present legislatiasm claerly rewpdras the need for regulation of wMivisions, means of enforomo t are inadequate. The League s upports l,oi,dation which wsanld require proof of approval by local authorities prior to the tiling of an instrxe t, including thecae filed or ozdmad by the State, which would dsange the bosAulm of lard. 2. Jbdiaial ftdivisionss The lenue aggats legislation that would require local platting authority aavval prior to any judicial mWivisirn cf land. F. V= um DiSPOBAL' 1. Mwwwant Ptssdissgs The League supports a 000pezative effort by the State and OZACIplutin to dispose of read aooessible and remota lard in a aontin» and aaderly manner. The League also supports state Rending to provide Planing cpan'ts. funds for necessary acoeas . roads, survey costa for land sc3se&UW for disposal, and state, bozm* and city subdivision race, am= and utilities to meet 1-1 arbdivision imprvvemssat ardinances. 2. Mandated P=W mss The league cottInses to appose any Slate mandated pssmgram regazdirsg disposal of musical selected land relative to timing, size, cc use. 3. 2WILaM with MAdpal Planning: The League svpporta state legislation or admsids- ratdots YOUCY whiff wsarld zequise clots land disposals to necogsnize local planning efforts and their 1wi mMution tows. 4. Cwatrtncticn of Rirglht—of-ups The League supports state funding of constriction on dedicated r*w-of-way in state abdivissuzss that have bow or are in the ps<voess of being disposed of. 5. Ox9gance with Dds iM FIX& and Fdgbtw of-fts 2w League afports state Isgiqlaticn ar adhdydBtCatJVq poly winich wsas]d require state lard disposal to zeoogrAZe aedating cc plamed roads, hullo ad rights--af-way by means of right-of-saay dediratica. G. t� t�4FQCAL DATA Caaputar-based, geopq cal., inS nztian systems dnould be ooacdirated and atardauUzed idle a passible to allow the sia:ing of data between state and local awncies. -6- H. FAIbE= PIMBERVAM "a League supports State enocuragetrient of agriculture thre * farmland preservation and cpwsicg up of new agriculture lands with adequate road access within a faun area, and by a9b9 tine dmmlcput, pwoessirg, and marketing of Aladw agriculture products. M>STE FIPPIIM 12. THE 29 IMISMS the few supports legislation review and revision of AS 29.48.260 to aid mnicipalities In the disposal of lands.I 1. (j] . atOMLOTs the League supports the State priding accessible woodlots and beach lag salvage imas for personal use by State residents. PART V TFAtAPCFUM Q, DOQS, AND PDIS's A. IFRONCRM= PtA IM 1. f-� s (Witch the difficulty in acquiring public right&-cf-+say thrcuomut the State, PrUmmily ere to different land c]assificatim and aaherships,l 2m Teaciue arppcats the idntificatias of adequate torrid= for caratzucticn far public access [through such lands] and Orly a0%dAticn of adquate rigthts-of'Ae+Y. 2. Tmaparintton Systems: It* League continues to support statewide planning for a state ftwuportatim system mVdsed of air, awinne, and surface components. 3. (Ports, Hadbars and VAterwayss 2w League finds the existing port and hedXw grm t p:oga7tar to be inadequately ft rAW and urges expmWm of these programs. Major port and harbor facility plans should be prepared and deurelgaed consonant with the municipalities' plans. Syeeltisr pr+ovisiens s#hau]d be Made to address the needs of individual cmmahit tes for cocoa, dZedwe and rivnetna* stabilization, with priority consideration to omm nittes not connected to the State's highway or sail symmul Munidpal. Involvemeats State t>anapostation plans, inclndim sort and tadxw facility blahs. dwild be omna-ed and demlnoed aaesonant with S. StlM 1. Railroad Systems The Torque affarts efforts towards an expanded and lq=ved railroad ssystm Oft verates to ndieble service and reasonable clux9es,to better saw aU areas of Alachm RMgM and iaprvuam t indudes fincludIM,j but is not liadtad to, extension to additimal tads -water ports, and to link the State of Alaska with Canadian rail facilities. 2. Hilts _sso;ys and Trails: (a) In Leagtne sqpmU fa ding and kplaw ntation of a sdhmd uled _ nrdnttown ce Drogzan 16=PsGing the endue Alaska priaary road s3ystm) for the state road J systeim and do state tzai.l system. W the League supports tine ccntirned use and expo vim of the state highways and trails systems, and further urges that new state zoads and state road cahstructian, in areas wthm+e it is oast effective, have provisions for safe use by bdcycLisYs and pedestL-lans. .4. (c) 'MG league urges that a prograa of permanent trail mmking be established and iluded by the State. - -3-. In the inteast of eu ppv Ana =&red levels of ttaffic co pwticn, air pcllutlan, and Co AIR TAVEFCFMW= 1. Qhnatsuctiah Assietanoe: The Leaghhs anpports an equitable gFoac3h to state oonstsuo- ties asaistatwe for all public aitpmto and athlports the oonaept of cahtinued ehtpanei= and upgrading of airparts, aitpart f=Wties, and air nmdgad nal aids in Alad:a. gm League urges the State to provide incaMS@d levels of Reding tho paovide far obese fad I I'd . 2. Mairmam e: lthe Ieague supports the adequate flMding and madtem= of airports, in- aluam dust acntrd m msma+t+s when appropriate. 3. Air Service: Zthe loon st=gly r =cmnds the State of Alaska wo* to mirrt the level ad ss ntial air service established in the dwnegulation act for Alaska oatmahitiee. Ito maintain the prh><►idm that allows these omhtahitiea to be onved by large (jet) mi=Mft.) 4. lard Mxnsfars go Ieague au wft tsarhs eer to mwddpalities of federal and state lands to prvtride for�need MrStsuctlon and aTmudcn of mrdelvai airport facilities and opeahatiens. S. MMMI Efts Is Leshgue uMn aespeditium fia*M of projects that eliminate airport hazards cc 4hrseaae safety. D. MARME IMNMUWC= CEZEtt MGM= (I. fltpantm of the Alaska Marine High ey: 2* league ahppotts lsgisla *Ic h will Cpand the Alaska Marine filgbzaay to WSSUM AIMM and JtVwve ration m tie the central A]aulm parts to the Al&*Am posts, and furtiheh: supports the ehhpsditiars pw=nwmnt amVcr aontrwting of a hI '"0r of appropriate ocean going vessels tD aaoarpsish its eepansIM of ire Alaska Marine WAffi ay "t=j 1. (2.) Eifidex des in tiara: 20 Too* 0 aoppceta a UMU to paVd& effidm des in the cpotation of a Alaska Marine System, providing these effidendes are based an Publicly available eaanahhic and tedmical data6 ftw, wr, the rMon sttthwgly objects to any rhhduetioa in Cd$tng Marine hic, W systems.) ft Ieagtre stsorgly � j 0 sty iWt be 1rIm to estaialiddm marine highway rates, scdadules, red rpm atiawl. changes, and rMhests Public input for studies SUSC irug the aperatiar cf the Alaska Marine NOW System be solicited en a Staths vJ& basis. CUM (3. JOW Act: Ise league urges the State join in requesting wdificadm of the Janes Act liMtitsCn U; time pe=dtted and rasher of part calls in Alaska by foreign bottaa ddpe.l 2.14.1 C=ddoss: Zhe ISM requester that the State of Alaska support MWAtaty -- SMMPU J ammldm Al"Im waters affecting am>merelal fishing areas w!>lenever local c�rshities request wi& nndato¢y ahippkq . ` 3. I5.1 llo :ribs League a wwto ftwoft to mmioipaUtiea of federal am state Iands tv pwvirde for needed espanaia► of M>suid031 pmt facilities and operations. •10- I `, i r) 4. (6.1 B sal Sta m Basks The LeWm su;p=u inclusim of the Alaska Marina yi4W System cn an equal basis with other: State road and hi� systems, transportation plamning eff U and funding. ow VI Urnmm I111E18 1 NrMWX IL ()rants and loan for See vioeas I to Ieague suppasts ccntinued funding Which would sake available to the various essential tttllit:ies in the State of Alaska direct g= is an4/cr low interest loans in osslsr that they say meet the needs of the citizom served by the utilities.) 1. I2.1 AFICs The League Supports the current statntcay momptiaha Which allow annicipal utilitIm to opeuate in t2te best Inteseat of the a m uaer public without r+egtrlatiah by the AFDC. I I'Sllm SRMW (3. Greats and Imms for DhMy Sourc ss the leaJus supptatts the concept of dissect gsaants and lea irnerast loans fhsam state fins fare the oonatructicn of cortvmda l and alteernatiw e:hes91+ sasroes, isrludiatg fossil, hydroelectric, geothermal, wind pstwerI ad other mass, and tar the eMloratiah of alternative enoW asauves, in ostler that rates paid by the Alaska consumer tow them nemomy services may be set at a saeasmmW level.) 2. I4.1 u in oualer to eliminate service area owdlicts beam mmAdpalit les and utilities, tine League 8l> P=ta IGO llatlm which would 811ow mmicipalities to acrSdn the faailitles of a utility uMer spedfic terms which would fairly omgm%8ate the utility. 3.15.1 thrifty Aalocatian Omm s Ilse leaytao opposes any afloat to shift: to municipalities the cost of all nnarawhialpai, utility r81=3t1cn within mn odm rights-of-mys associated Wth as<ssicipal suet se&c. EEUM THE [B. Smolt, Sf3d+lt, AND SOLID NEM 4.11.1 Clean water Act: [(a) l AmaIdtAM were passed by the U.S. Cangrtess to allow waiver from the ss ache m* of secondary treat owt in the Clean water Act with zteSpe , - to savage disposral in a %dM watstrs with sufiiaient fluuctuatiM. *s league coma any federral >aegulation fags Implomtisg Sectiah 301(h) of the Clean water Act which would =&Iy burden the Ab d a cumow ty in rtec bim thesis a mptums. S. AoOc Bole in water Quality Standards: f (b)l go Leagns tastes the legialattme to adopt iegislatim mghmiziug and fuadirg the DVWU eht of Dwi a Umtal 0onsavadoa to amine the a&*dsdztiah of water quality stwAavb for Alaft sates that era now under the juriedictissh of the U.S. mwi=nmftl pontectiah may. Mad Sggpor s Zlhe League e<daeses an ama,daern to federal law which would 8. PL". i. [2.1 mnsttuction Grant pmcgzmt in )vague stsangly endorses the =wept of tine State J ppeytng at least 751 for sewage, a ndmary e*dpnem, solid waste facilities, and water Systems oonststscted by mddpalit les mder tine State of Alaska clatStttuction Q=t ptugreQs, and that the vV2a ins* of cut+-=W systaas be grant eligible in the same manner as the k=a latim of new sysetens. line Terstmxfty aff=to 4v=vr1at1m levels to meet statewide :needs. -u- i MMM M t11'l TIM A-6 (3. General FWd Support: The League endorses an am 9te:tt to federal ].ao which would allow 9enerral AVA etipport fr= the State of Alaska and =dc1palities fcc apeaatian of sewage treatment facilities.) 2.14.1 Needs Assemventst The League strongly urges the State, thmugh the Department of Fhvirornontal Oxwervation, to assess the needs of om=ritties for adequate and gp=pariate water, waste water treatment, and MI M and hwardcus waste disposal facilities, including the mead Soar operator training and assistaim with facility mairrtectance. 3.(S.l Solid waste AeducUm Programs: The League agports funding and laplemwtaticn of olid waste reductim pr ycaais0 i.e. zecyaling, litter zvducttm, waste oils, etc. and. Icons for Sendoes: The League supports omtlnued fading which would make r"My. FNPi'IS:LIt (A. PItiRll M The League st=ngly strpparts leglslatioa Which would peratit a au *4zlity to opt out of the 400 plurality requirwwnt for election to office and which wand c]ari "i the 40% rule for mssiaipaltties that continue to use It.] 1. State Vrotar Aegdst!ticas The League supports effbM to Sagrvue the processing and quality of the votes rewpsttatian syatM 2. tkw-Um Q=uter Aoaess: The League mVperts state fiedJM to p =cte boodiate cn-line cotputer a mos for the eucuat &Wwjisor offs oes of &nmu, Paidw s, Andnrage, and Nome. DUMMM MMOMMMS 1. (The League apposes inpositlon upon local gouerrments of caopaig<t diWlcaue, AS 15.13, and financial disclosure, AS 39.50, restrictions.) The Leagm urges the Legisladuv to review the catwado and fisardal disrloslass and make the r+eparting reTAv nn to less c u=. fd= presently in effect.) 2. The league lspecificallyl supports leW o]attcn (which tb waild a mpt fv= empaign (disc]osttre, AS 25.13, NWOrl and fhwcial &WICS*MIAS 39.5O,1 roMirwents. Elected or apPWMA d BMACIs great addmy boards_ [as defined in the Sa vioes Arm sectim of Title 29, The Nmidpal Colt (A9 29.63.=) . C. o.l vom =an== 1.[3.1 The League U ports an ansd t1 to Title 29, ftdc gal Oode, to regnlre a nmicipal vMw to be reglstesed to vote in state eLectiaw 30 days befte tine ariaipval electicn, or beEcme AWArq a nmdnatiM initiative cc recall petition. 12- ma m 2. (1.1 its League stspparts legislation that would allay a municipality, by ordtnwm, to require persons to be registered within the State of Alaska and the precinct district or service area in uwhich they reside not low than thirty (30) days immediately preceding the date of the national election. 3.(2.1 The League stspposta present legislation which requires a voter � has been purged frOmn the voter registration list in a000rdanae with AS 15.07.130,-Mlminaticn of amen nassea", to reregister in aooarda:soe with AS 15.07.090, and supports deletion of AS 15.15.198, "Voters not on official registration list", 4dch is in oonflict with arose statutes. The League m4pomts legislation that would include provisions in Title 29, the Manicipal 035e, and Title 14, the Education Code, for =nicipalities to set qualification for all elected msnicipal officials including sdwW board ms; I -1. 11. skmature P *Ayema tts in League supports legislation %mitt vould Clarify the Initiative and Aetezandua sections of Title 29, the Mmnicipal Code 0 29.28.070 tb)1, to specify that signature zo*dx mU for petitions be based Won the last regular municipal election held jut preceding the date of first ciao ulaticn of the petition. Additionally, the League supports legislation that would require all• signature petitiam, prior to first drar]ation, be certified by the eumicipal cledw:'s office, as to the first date of drtiulation.l 12. iiMU: In League supports legislation amse<ding the Recall sections of Title 29, The Manidpai Cade MS 29.28.070) , to provide that the nsaber of si,gsatures required to initiate a petition for recall be 35% of the n l l - of voters voting in the last regular municipal election for that office regardless of population of the mmlicipality, and to make recall prooedures claazser, including pvisims to make the grsa ds mare sped V .1 .tr e. r. ] •. •r•c 1. Effective kcal CCYerr>oEms The League anpparts legislation which would promote mnre effective and inftenBernt local youMMIP in ail CIVprdzed boroughs and sties, and opposes any legislation which unduly restricts local gsymnum t gXzaticne. 2. LdftiM: The League affaats the contitnued eomption of =AcSpal officials and euplo,"---3 fzsom the lobbying reporting requizmsents under the Idbying sections of Title 24, the Legislative Code (AS 24.45). 3. Anti-Tcust Laws: The League suppwto legislation at both the state and federal levels placing mad palitles in an aqual posture with state gm eamsents with respect to federal anti- t mat laws. 4. asfaromuent of Mmicipal Ordinates: The League opposes state restriction on asfar oe- ment of manidpal ordinanoes and suppmU legislation clearly establishing local autancay in the creation of msdatoay sesstenoea and other zenedies for violation of local emdtwms. S. Ablic Records: The League 9099cats Welation assuring that local govnnvents are free to adopt, through cniirnance or resolution, on, Breit own policies and pea Banes coroerning local public zeaonSs. 13- DPlL'!� Wrn= 16. Utility s The Lsjegtse endorses the reb= to municipalities Of the authority to reps ate all utilities, othar tics ao,o utilities and utilities that have ayttl art of the Als&A Public Utility Caaadssiah (A M regulation, within their jurisdiction to the Latent not reFdated or specifically a mpted f3= mahicipal A*daticn under state ls+. l 6.17.1 Interest an Ae s The league nuppoats mpg of the application to mahicipelities of the MLic Mo t wtIon Mn twt Paymshts section of Title 36, PubliC Cantracts Code (AS - 36.90.=) relating to paymast of batexhrst on retainap on coaetrxtlon aoattsats. 7. (8.1 rent Domains (a)The League ststsgly wpparts legislation amending the Pshsrequlsit es to WdnW of Private Property section of Title 9, Code of Civil RooeduM (AS 9.55.270), to ornate a rdxd:toble yasomptiah that the cd%Am of the condoning authority has been mob in a asr - , ompatible with the greatest polio good and least private injury. )IM Egge amending Title 29 to give 4%oplities the authhor& to emexcise the tower of ddrat domain, InCluftV US declasaiOn of t&Ang, in areas outsfae their bcupdaries. 8.19.1 Local Corsatsuctiau Local gas should haw autonmy to adrdndster local aonstsuctl4es ywjsM. T tie 36, the Public Cshtracts Code, ehonld be amended to penait local 9mern wu to establish their awn ratios, repoxttng, and prevailing wesge nm*dxwa*s for local aonet:uadon. 9.110) . Buildlnhg and Elactidad Codes To eliminate the conflict between state and local pluidirf wed siecesacai oases, >z>o Y4ague supports an aarerdrrcnt to the State Statsrtae to pleas soL-authozity for entoxoeaant with aumidpalities that haw adopted such codes, and shpports thhe O=Wtlous tpdating of state safety codes. 1. Alaska P&Uc 13gm ft Labor Aelaticns Acts The LOW* st =ngly apposes arsy legis- lation a�i= wohua i'.orae OrdCr-r��a f'hjiaiitrei t0 be lAbjift t0 the provi9iass of lhse Alaska 1?lbliC hbplojess Labor Kelatian Act. 'fie Loon asposese Just as st=Vly any ]a,Llslative efforts to dictate the provisims of local pblic srployess labor relations adinenoes. 'fie League sruppotts Lgislaticn to allow sac#h mudcipality at any time to reject er withdraw fr= the tan of the Alaska PAUX Oplcyses AelatlM Act. 2. Bindim AdAtsatlans to Leegae opposes legislation iaposng bindbV aubitzatian an local 9ownvor ts. 8udh legislation wild hinder local gouerrnmmUl ability to detamdne their peruerrrl costs ahb pevent local gMVn rents from having emplete control of detesadning ft 10ca1 tax rate. ft Lcap, uvFs tits LagislAL" to adanm the classification of mcdcipal 9avenr erte, inaltsirg tau cagandaaticn of the wed boow$u D.IMMA AL, tXhVEtiF = FUMM 'fie Loon s 4V=ts and ehcou W s eflgotts are the part of the Legislature and other aon- aeahed psetles to addrose UIW/lc6-d Wm mmeht relaticm. 14- i DELI Eti= SEx.R7,tEi [E. THE 29 Eons CN6) 11. ftAnmtal Elamrtar The 14*0 enoourmies the Goumm and Legislatatro to r+eoocgtire the signitioame WIN apart to revise Title 29, the MrAc#*l Code, and the importmm of mairftaitting dale legisladw In a basic form, and of inatrinq that the legislation contain only the ftadwwftal eleafsfts and % ddaLbm for a basic maticipal code.) (2. Odw Proposalas Rlfe Tomm rrquaets other paopasala s4fidt wot9d =Wtitute msjoa: poUW xr4ol ns or imwaticns in the fnssticn of local goros=mt be condduW in separate legislation shtch, if eppmed, would be inooaporatod into Title 29 am the revised basic code has been adopted.) E. in. l m91T= CP Im bLwCIDmx= 1. go League m*pmU state policies dfat enomnp rattler than disoatrage the fcmoti0m of mew am<iaipe utles. 2. Its League 04p=ts 140SMtiat to paVA& adequate funds to assist in the study of the feasibility of f=iM new mmicdpalitles afd in the fomatlen of newly ctvjm m d m rAuWmUdss a,d in the mAdcation mWor comatldadm of bmnxh and city gmu mx ". P. to. WKMY AND M=ML MPAUS 'Dtt Laws sopports incseaesd itadinq for the D 4wbwft of Caamvdty aad Aagicnal Affairs, MdeW uodstanae Division, far IMMAead Staff to better serve g=winq assess of the State - and ittf um d staff •=; •,sibs utic. PAID' 2 MUM A. Iva= I 1. 'ltte League s WWW the aftpdm ad iapLmsttaticn by fire State of Alaska, in amp ratictt with the private seotor of policies for the planting, o p1matIm, devokpmfnt, v=cm b* and mmiceting of natural r:m=ms in a mtmw that prodtoss dlsies.t benefit far tft State and mstia%alitlse, sad pawided that it is mmistrnt with app=W state and kcal j; pLts. 2. E WNY EffialgtMs (a) Ztfe League uMS the federal gwwrAt, the State of A]adA, and Ls"* to dam, cwatrwt, and use thtlr fadlitles with an emphasis on energy officlonYr as a pit cf life V/d[o cast molftatiam. (b) 'I fs League =jw r giamlized studies by the State far development and duMw in =&I building codes to be kept wto-date with mphaaSs (m Dom, h* sty �1 and modrAn aamm efflclanay. r 3. Pddwiea In League urges the State to oppose all Wmal liadtad aft y fiftdas 4. Tbbws Ow Lsagae supports d» developmtt of ow State-omM, timlaas zrsotaoea. -VOCifIcaffy, tdfe League ut w the autim of a larg-tm pop= for the ha voitim and Sale of tdabsr cn oUgibls state ]aids, and enoma"m the &mkp om, pruaeudag, and maAeting of AlSAM tialfer pm&tcts. -i IF-1 ,u i S. tit t 1. Akita hater 119 Lag.» wsppocts and anoo""s, within the oasfirms of Oo O=rt1- ttfiiart andari woe lytdtatSansr any sftarts an the part of the Gouernor and the Legis- latute to loplasu t an Alaska hint policy, Particularly within state g m eznment. 2. TnWm Mamdvess Rt» Lsque x orts the dasrotopaiunt of incentives that wsauld rn- aaetap eonttsataas and atmfss mplaym to hairs and apyzmtsae local wazkm and enoauage dMir asplosmsent. 3. Cates to Lams» uMW fu11 state fsadin q (to patticipstLng cartenaAtim for] for aaaraasltsas sssrt&dmtlse in the dal care Iasaistasm. ] C. PLAIN= 1.. Aasoum rt sass 'fie Lague supports row me drmlagswnt and Ax Alnq pliClss Wdch p=44U t13t State -assisted, retouroe d:wlojnssrst paojects, s*mrtm ially lapecting cm dtim, *auld be epp ov d by the mmstdplittss. 2. Wmte 01amb Ztss Lague ssno zmpw the State to maintain acceptable standards cQroaasrtrq waste At Mp" feces ptioeesdesp of all zrsonzoas. S71'Dy SM= f3. 22mr1ftva Pi Ztne iasgw tvoopdm that aany of the State's most valulbL swsouros lards are alveady I I private ccrAml thZIM r arirdng C]afas, lamas, aid co m aymms pasuant to the Alaida Dative Claims Sattlsssst Act. 'firs, in ltadm*q its goals of both zasoutoe dmakp nt and the ptvtactlan of Alaska's anvizan>asent, the Lanus rwgss mas:rtrxym, comuntive plenmirq Wbaesa tale State, midgalities, and appaopsiatt Pdvem Pam, Ply Alaska native Caapaaatiam.] sm x A. 95= ft err;►immi rs, &ml*mt, and industrial ud l izatim of mumble and rnrr- makable sssoraCas, bo h inside and cutslde msstdpl bmm&rh a, ceates a sbstantlal and lsmadi to iapct on the need for municipal fac vstem. and savioes. 2m need evm& the financial filitsl of most sambdplitim to have such fadlitim and mvlms apetational in the thae amlldels. gas Lagtrt urges aftWon of state and fobtal legislation whirls would prwids th andd amdxtmm to etadclplities welch am facdng iapwts of zemmus drAtI wont. Safi (( lsgislatltss needs to sstrbllds criteria for iapact assistance with gpopri" trigger I' sadss dm to activats Ads assistance. ' 8. li�l1l1'8 9tne Lague urges that Lgislaticn be wafted to all local municivalitims to adopt and lap1mont laosntivas fat economic drAd psent, such as emrmdc demlep a t coaposatkos and tax - . lrseslesent fintsrelrq sctlnoaitlr. ^) C. =VIlt x LEm mm nn i 1. fogislation is seeded to establish a state policy with rogatti9 to the allocation of admization to isae inlotrial dawlopsnt bards. Ttst policy shmsld favor c r mtica of new basic irdustsy as apposed to suviae facilities. 2. Fifty pstaont of the available ES aud=ity should be t+ urA d if needed for local gcvs�nerrts. 3. 20 Lsasue AVDM a the continued tax eMptian of mmlcical bonds for public pappses. D. =Lfm UPAMCibM Ztfs Lsagae teooQnizes the isportanae of tvJdm to the 0==y of the State of Alaska and enooutages irxsNssed assistance to mmiclpalitles for tomism pas ation and attraction p mpm, espscially within the Visitw lrtfc=&-Ixm Center and Tourist Attractfan DrAdq rant Gant --- PYmpm, � by the Divisim of Tourism. 0 -17- I 1 August 22, 198S Michael J. Rosanburg, President Kenai Nerit iron corporation 406 W. Firewood Lane, Suite 20S � Aachorat6, AX 99S03 Re: Application for package store license, X0441 Merit Inn - City of Kenai Dadr fir. Rosenburg; At its meeting of August 13-14, 1985, the Alcoholic Beverage Control Board considered the above application. According to the board's - infOMtiOA, new law Which became efre►ctive on Juno 6, 298S and upon" advice from the board's assistant attorney general, there is insufficient yopulation within the City of fenat to allow granting of as additional prckage •tore license. Additionally, according to the board's infamation there was insufficient population to grant an additional license in your area when pour application was filed. Therefore, your application was denied under AS O4.12.400 and 15 AAC 104.1000 You may appeal the,decision of the board by requesting an informal "• conference or administrative hearing under AS 04.I1.S10tb)ii). You My request 4 hearing by completing the enclosed fletire of Defena_ a and R uest for Hearing term. The term oust be returned to this office within 15 days from receipt of this letter. E J w �7 ✓, ...� '-iiN:__.. i's. qY.. °�... /., r,. may. , . ..r .,.w - ,,.... .._ ..w,_r,�-t .. Kenai Wir1t Inn August z2, 1985 i Page 2 It you choose not to roquest a hearing. you may obtain a refund of your license fee. A claim for refund is enclosed for your convenience. The Carta must be returned to this office for processing. If you have any questions, please do not hesitate to call. . Sinc rely. Patrick L. Sharrock - Director M.S svk - - too. CERTIFIED NAIL r ' RETURN P.ECEIPT 1'. Quao"TED , r 1 1 Y , f ' t i 1 t CITY OF KENAI "Dry (?ap idl 4 4�u�" 210 FIDALOO KENAI, ALASKA Mil TELEPHONE 283.7635 May 179 1985 Alcoholic Beverage Control Board 471 W. 36th, Suite 204 Anchorage, AK 99501 At their regular meeting of May 149 1985, the Kenai City Council stated they had no objections to renewal of the following liquor licenses Restaurant/Eating Place - Little Ski Mo They also stated they had no objection to new liquor license for: Package Store %- Merit inn a4IZc anet Whelan, CMC f City Clerk jw e. f Z � i { f t i i f' +i r I x ti W r. k 3 r :t t ' r i ! �I r 4 t .s G 3 , NA )/IV, svISAWt[Ist mesons sssss KPoo off K•eaoh odv (eon U24124 (eon !dZ U26 September 18, 1985 ' Mr. Tom Wagoner, Mdyur City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Wagoner: 1 would like to thank you and the City Council for the opportunity of serving on the Beautification and the Landscape Review Committees. The latter committee had its organizational (first) meeting last night. I believe we had a good beginning, Since accepting these committee appointments, my plans have changed; I am planning to retire and leave Kenai in mid -October. Therefore, I respectfully ask to be re- lieved of these assignments. I have truly enjoyed living and working on the peninsula, and especially appreciated helping establish the Plant Test Site. Best wishes for the future. Sincerely, Walter Them Agriculture Resource Management Agent WT:mh cc: Janet Whelan City Clerk I 1 r, r� XIVPO - 7 CITY OF KENAI tOd C;ajOdW 6j 4" MO MALQO UNAI, ALAOKA M11 t TAWHONQ 2$9. 7686 Sept. 209 1985 TOs Council FROM: Janet Whelan City Clerk Per your request, I have computed a cost for a City flag. 11 letters (CITY OF KENAI), nylon, 3 X 5, double -sided, indoor, 2 colors, eagle on top, dark wood pole-801's $415.75. Additional colors, satin flag, outdoor, elaborate poles all extra charge. Sw i c, a r, 1?.1.4LN all In '• ii � �, i • r i , I EPAR'1'MF:11'1' ON' Nl MAC %AF FT1# POUCH N JUNEAU, ALASKA 99811 Off/Cf Of THE COMMISSIONER PHONE. 465-4322 September 13, 1985 l / Mayor Tom Wagoner s� ' City of Kenai 210 Fidalgo '- Kenai, AK 99611 �s Dear Mayor Wagoners The first session of the 14th Alaska State Legislature. included intent language which will shape future relation- ships between the Department of Public Safety and organized cities, boroughs, and municipalities which have police powers. You are being advised of their action because your local government has police powers. Specifically, the intent in the appropriation bill (SLA 1985, Chapter 98, CCSHB 60) is included below for your reviews "It is the intent of the Legislature that Alaska State Trooper services shall not be provided after July 1, 1987 to those organized cities, boroughs and municipalities which have police powers." - page 78, lines 17-20 The Attorney General has indicated that"...(t)he provision is not binding, but does serve notice that the legislature is prepared to take action in this direction." Since the Department of Public Safety has statewide law enforcement responsibility, furtra: budget reductions will focus Trooper resources on primary responsibilities in accordance with legislative intent. Therefore, should the Legislature carry out its stated intent, then effective July 1, 1987, Trooper services will primarily concentrate ons 1) the unorganized borough, and cities, boroughs & municipalities without police powers; 2) highway patrol; 3) assisting localities with specialized investigations including narcotics; and 4) services to the court including prisoner transportation. Keep in mind that the Troopers will continue to provide assistance when necessary, but your cooperation and under- standing is solicited. WSierely, AV Robert J. Sundberg Cor'ti:ssioner 0 mo to'. J: r-0 ~/ KENAI RIVER SPECIAL MANAGEMENT AREA ED •. � � U V � � Is� �. I:f�l f°r the NEXT ADVISORY 9/12/85, 10:00 am, Borough Building, Soldotna."For more information BOARD MEETING: call 162.4515 or 262-5581. Social/Recreation Committee Sept. 5,12,19 6 26. 6:00 pm, Borough OTHER MEETINGS Building, Soldotna. SCHEDULED: Lands Committee Public Meetings, 9/9/85, 6:00 - 10:00 pm, Central Jr. High, 15th b E St., Anchorage. 9/11/85, 3:00 - 5:00 pm, b 7:00-10:00 pm, Borough Bldg., Soldotna. 9/16/85, 7:00 - 10:00 pm, Community Club Cooper Landing. 9/19/85, 7:00 - 10:00 pm, City Hail, Kenai. Guide Committee, Sept. 9,16,23, b 30, 6:30 pm, Borough Bldg., Soldotna PLANNING UPDATE•, Permits Committee 9/13/85, 9:00 am, Borough Bldg., Civil Defense Rm., Soldotna. 9 2 / 5, 1:00 pm, Dept. Fish L Game, 333 Raspberry Rd., Habitat Conf. Rm., Anchorage. 10/11/85, 9:00 am, Borough Bldg., Civil Defense Rm., Soldotna. Several of the Kenai River Advisory Board sub -committees are working to compile their reports and recommendations, to be presented first to the Advisory Board and later to Natural Resource Commissioner Esther Wunnicke. The committee work will be converted into a Kenai River Management Plan, scheduled for final approval in June 1986. At its September meeting, the Advisory Board will discuss the report of the Biological/upland ' Habitat Committee. The 40-page report discusses orildlife species and habitats of concern throughout the Kenai River watershed, divides the river corridor into six management units, and mentions numerous examples of management recommendations. Highlights of those recom- j mendations include designation of a fish and wildlife habitat zone along the river, and j prohibition of channelization, diversion, or obstruction of water flows which would lead to drainage of wetland areas. Copies of the comTlp ee report are available from: Kenai River Planning, Alaska Department of Natural Resources, Pouch 7-001, Anchorage, Alaska 99510. A technical group is studying the feasibility of the fish and wildlife habitat zone recommend- ed by the Biological/Upland Habitat Committee. The group will soon be reporting its findings to the River/Fisheries Committee. The Permits Committee has compiled the endorsed questionalre, designed to assess public awareness and support of permitting procedures. The Social/Recreation Committee recently conducted a series of public meetings in Soldotna, Cooper Landing, and Anchorage, where it heard a range of opinion on such topics as rec- reation facilities, boating practices, non motorized river segments, and bank erosion. Meet- ing summaries are available from the address above. Kenai River Planning. .,The Lands Committee will soon be holding public meetings to gather opinions on the management and regulation -of —lands adja cent to the river and lakes. Sample topics include fish and wildlife habitat zones, tax incentive programs for property owners, sign regulations, and recreational subdivisions. The schedule of meetings is listed above. The Guide Committee is reviewing the 1985 season, discussing problems and successes of the new guide permit system. The committee will be proposing revisions of the permit system, i I J T A/ DAY CARE ASSISTANCE PROGRAM FY '85 Annual Report (July 1, 1984 - June 30, 1985) Submitted by Jan Bishop, DCAP Administrtor September, 12, 1985 The following report summarizes the services provided to the Central Kenai Peninsula residents by the state funded Day Care Assistance Program which was administered by Dowling -Rice 6 Associates under contracts with the Women's Resource 6 Crisis Center for the 'Outside Cities' areas on the central peninsula, the City of Soldotna and the City of Kenai areas. The scope of this report covers the past fiscal year from July 1, 1964 to June 30, 1985. The Day Care Assistance Program provides financial assistance for child care costs at licensed home or facilities to married or single parents who are working or training. The program covers low to moderate income families on a sliding subsidy scale, beginning with up to S1,150, net income covered at 100% of current state rates, and S2,113. passing beyond the 10% subsidy coverage. The state minimum rate is $313. per month for fulltime care for a child over two (or 814.62 per day for a 5-10 hour day) and $418, per month for an infant (618.80 per day). If the licensed centers and homes charge more than the state rate the parents must pay the difference. The DCAP is billed on a monthly basis by the facilities and homes. Accuracy of these monthly billings is chocked by the Administrator for contract verfication and compliance with state regulations. The corrected billings are then forwarded to the Women's Resource 6 Crisis Center (WRCC) and than on to the State DCAP in Anchorage for payment. Once the payment is received from the state the WRCC issues checks to the appropriate centers and homes. From the total cost of the billings, Dowling -Rice 6 Associates receiveda 9% administrative fee and the WRCC received 1: fee for a total of 10:. Responsibilities of the administrator inlcude determining parent eligibility, maintaining complete client files with birth, divorce, income and school enrollment data, and writing three part contracts with the parents, care facilities and the DCAP adminstrator, On a monthly basis the local adminiitrator checks the billings and compiles statistical information. FY '85 STATISTICS' The Central Kenai Peninsula area is unique as far as the state DCAP is concerned. The local administrator is responsible.for three distinct areas and each is treated as a total separate unit. The entire peninsula has grown considerably since DCAP's first year here in 1982, close to a 20% population increase. This growth has caused several things to occur - not enough homes or centers to provide for children and not enough jobs year round for example. The presence of the community college creates a rise and fall in the dollar amount of day care provided as well as a hair academy and People Count, Inc. People Count also creates an change in the statistics in regards to unemployment. Parents complete their chosen programs and are unable to find work. The City of Kenai became by far the largest area of the three in regards to the number of families and children on the program, most families on the waiting list, least number of providers, most families at 100%. The City of Soldotna followed closely with the major difference being funding. Soldotna was able to provide for all families in need by the and of the fiscal year. The Outside Cities area grew substantially throughout the year and maintained reasonably well until the end of year when, it too established a waiting list. One of the major problems encountered was lack of licensed space convenient to the parents and lack of space for infants and facilities licensed for hours i other than the regular 9 to 5 work week. Though the statistics are occasionaly disrupted by families dropping DCAP and later rejoining or moving i between cities, Table 1 on Page 4 compares total year statistics for the three areas. On the whole Central Kenai Peninsula Area for the fiscal year 1985, we served 159 parents from 138 families with 228 children. Of those, Kenai served 45 families, Soldotna 40 families and the Outside Cities area 32 families. Table 2 on Page 4 shows how many families were served at each subsidy level in each area. As a whole, 119 families were served at the 100% subsidy level, 2 at 90%, 7 a 80%, 1 at 70%, 4 at 60%, 2 at 50%, 1 at 40% and 1 at 10%. lo V Durtng the year most families were dropped from the statistics because they moved from one budget area to another within the Central Kenai Peninsula Area or moved to another Alaskan city, unemployment was also higher - mainly parents were unable to find work. Table 3 on Pago 4 shows a breakdown by city of the reasons for termination. BUDGETS; HISTORY AND FORECAST Allocation of DCAP funds to different contract areas within the state is based on the number of licensed spaces within the area rather than on population. The Central Kenai Peninsula has experienced some growth as far as facilities are concerned. The three areas con- tained during the entire year a total of 29 facilities; 20 homes and 9 centers. Six homes were closed during the year and several canters and home changed ownership. The following chart shows what was actually spent in the past fiscal year by facility total and what is budgeted for the future as well as estimated need for the future based on current expenditures and wait lists. Note also that 10% of these amounts is additionally budgeted for adminsitration. The following figures do NOT anticipate growth. Ctrs Spent Projected Budgeted FY '85 FY '86 FY '86 Kenai 100,999.66 159,300.00 t' 57,910.00 f Soldotna 90,934.73 93,000.00 124,962.00 j Outside 57,427.38 62,174.00 42,061.00 Totals 249,361.77 313,474.00 224,933.00 Utilization of the three separate DCAP budgets is based i on residency. If a family lives in Kenai but works in Soldotna and uses a Soldotna center or home, they must i still fall within the Kenai budget. i Due to various reasons, some of which have been mentioned, waiting lists have had to be established for all three areas. I appreciate your support of the DCAP and would be happy to provide you with any additional information I may have. Please contact me at Dowling -Rice 6 Associates at 262-9011. June Harris of the Women's Resource and Crisis Center is the Administrator for the 1986 FY. V ., TABLE 1 Single Married Working Training Other Infants Children Families Families Parents Parents Parents Kenai 11 77 45 4 41 4 4 Soldotna 12 61 40 9 42 14 2 Outside 3 64 32 8 39 8 1 Totals 26 202 117 21 122 26 7 TABLE 2 100% 90% 80: 70% 60% 50% 40% 30% 20% 10% Kenai 39 1 4 1 2 1 1 0 0 0 Soldotna 45 0 3 0 0 1 0 0 Outside 35 1 1 0 2 0 0 0 0 0 0 1 Totals 119 2 8 1 4 2 1 0 0 1 TABLE 3 Kenai Soldotna Outside Total 1. Moved within Ak 3 7 8 18 2. Moved out of Ak 0 0 0 0 3. Completed training without a job 5 3 4 12 4. Family over income 0 0 1 1 5. Change in family status 2 0 3 5 6. Terminated employment 2 4 1 7 7. Unable to find job 5 5 7 17 tI S. Unknown 2 2 2 6 9. Other 2 3 0 5 r j 1 r� I r 1 1 Il , V I r� J 1`3grc•::::a Drug:; Derotagh MSVO?: 15 !H. Allen September 13, 1985 Mike T uriainen 35186 " Spur Highway Soldotna, Alaska 99669 Dear Consultants REs E 6 0 REQUIRMNTS ON BOROUGH CONSTRUCTION PROJECTS As you are fully aware, the insurance industry has gone totally wild on premium charges during the past several months. From all indications, the crest of the wave has not yet passed by either private industry or public agencies. The Borough has suffered from significant premium increases this fiscal year. , We also appear to be in line for some increases next year if forecasters are accurate. To accommodate our carrier's concern, the Borough Assembly's request, and also be responsive to the private sector, we have established insurance limitations significantly less than last season. For next season's contracts, the following limits will apply: Construction value E60 insurance limits ; r Civil Projects under S 1,000,000 0 over 110001000 $ 250,000 Building Project under $ 50,000 0 $ 5O,C00 1,000,000 $ 100,000 11000,000 51000,000 250,000 5,000,000 10,000,000 500,000 over 10,000,000 1,000,000 Changes to these limits will occur only if necessary to maintain a reasonable Insurance posture for the Borough. Please keep in mind that each Borough project manager does have the responsibility to assess projects which appear to have high risk factors associated with them. The limits as stated above can be increased if deemed necessary by our risk management department with approval of the Borough engineer. We tree these as rare instances within the overall picture. j i i P.O. Box 1267 Fairbanks, Alaska 99707 (9071462.4761 Consultants September 13, 1985 PAge Two Should you have any concerns or thoughts on this subject, please feel free to call me at any time. We continue to value your input and your specific professional expertise on Borough projects. Sincerely, Dave Dobberpuhl Borough Engineer Division of Engineering DD/et w i I t � 1 1 3 i KENAI BEAUTIFICATION COMMITTEE September 24, 1985 Kenai City Hall Tim Wisniewski, Chairman 01i40 1 G 1. ROLL CALL Presents Wisniewski, Nelson, Sheldon, Absents Routh, Saling, Also Presents Councilwoman Bailie 2. AGENDA APPROVAL Agenda approved 3. PERSONS PRESENT SCHEDULED TO BE HEARD ; None 4. APPROVAL OF MINUTES of 1985 No quorum on 9/10/85 - no minutes '. 5. OLD BUSINESS a. Review of Final Draft of Landscape Master Plan Included below. b. Review of Task/Cost Estimates I The Committee agreed that the two areas identified as the main target areas are 1) the Eastern Entry Triangle Park and, 2) Airport Park. For the remainder of this year, fill could be placed on the Airport Park at any time in preparation for the first steps in development which are to be decided upon later. The Public Works Director has indicated that there are various projects going on within the City where fill could be obtained. i The EETP, however, will require identification, location, and possible relocation of utility lines before any further consideration can be taken. The Committee suggests that the most economically feasible steps in obtaining this goal may be to request Public Works send out a letter to all utility companies requesting or requiring them to submit a plat or plan (however, the individual utility handles location of J their lines) showing the location of their lines. By this method. an i i 0 0 C. BEAUTIFICATION COMMITTEE September 24, 1985 Page 2 overlay design could be done and a decision rendered based on the information. c. Administration List At previous meetings, the staff was asked to: Check on the sign posts in front of 1st National Bank Sign was found to be within the state ROW and not owned by the bank. The bank voiced no opposition, in fact would be very happy if the City were to remove it. The Committee requested Public Works be asked to remove it in whatever expediant manner necessary Check on the electrical hookups to the street light poles for the Christmas decorations Committee Member Nelson will be meeting with the Asst. Engineer to pick the additional 30 poles and a purchase order will be going to Council at their next meeting Corner of Main and Spur Hwy Chairman Wisniewski had asked about fill being placed in this location, upon checking, the area in question will have top soil and planted with grass seed in the spring. 6. NEW BUSINESS a. Landscaping Grant Mr. Them, at the last meeting, spoke of a grant obtained by the City of Homer for landscaping the downtown area. Secretary Loper was instructed to follow-up with Mr. Them before he leaves for more information. b. Public Relations/Membership Since there are now and will be in the future, members who cannot attend all meetings, and since these persons are contributing, active members when they can attend, the Committee has decided to request a membership of 10. While not all 10 would be attending the meeting at the same time, this gives the Committee a working membership at all times even though of varying numbers. The request will be passed on to Mayor Wagoner through Councilwoman Bailie and the secretary. The Committee asked the media (Polly Crawford) be contacted to request interest from the public. Councilwoman Bailie asked for input from the Committee an the summer activities and asked that Mr. Simeroth be present at the next meeting to exchange ideas. n J .i 1 BEAUTIFICATION COMMITTEE j September 24, 1985 Page 3 7. PARKS & RECREATION COMMISSION REPORT No meeting this month - ARPA Conference in Homer 9/6 - 9/6 i 9. COMMITTEE QUESTIONS & COMMENTS The Committee discussed setting fewer meetings through the winter. It was determined to continue meeting the 2nd & 4th Tuesday of every month until such time as the Landscaping Master Plan has reached a point agreed upon by the Committee. 9. ADJOURNMENT There being no further business, the meeting was adjourned. 1 r 1 Janet Loper Secretary " If 0 1-1 Jit AIC G� /, '7dolof d"o For • PAY ESTIMATE Iors CITY OF KENAI 07 o1 Keawl rilma Works Dept , Project 0 � SION Contractor Doyle Construction Company Address Route 1, Box 1225 •.- *It.A rr, �. IV r- V - /,, N 0 : 5 Kenai, Alaska 99611 Project No. Phone 776-8552 Period From to ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE / Ol Original contract amount $1,743,750.56 / '02 Net change by change orders 03 Adjusted contract amount to date / LYS 74-0,s& / ANALYSIS OF WORK COMPLETED 04 Original contract work completed 05 Additions from change orders completed p 0 1faterials stored at close of period O 07 Total earned04 +OS + 60. '/1y > > y, , a ® Less retainage of r o mil, percent iiy 7 79, 1 L / OTotal earned less retainage07 -O- /-03 10 Less amount of previous payments ?,J?P AL iy�,0 11 Balance due this payment 7S-0,.3 cc: Doyle Construction Company FOR COVACIL *,E911i.G OF • Contractor Y P Y City 'Alf. "---1J Attorrsy City Clrrk Engineer Design: McLane & Associates Inspection*. Wince, Corthell, Bryson Gri4inel To�� :YOfllll:¢.! L�'y• cwncn Gx [Gio L;n: •- c ---• J A --; -.7- . - �r Page 2 � of PAY ESTIMATE N0: 3 INLET WOODS SUBDIVISION CERTIFICATION OF CONTRACTOR According to the best of my knowledge and belief. I certify that all items and amounts shown on the face of this Periodic Estimate for Partial Payment are correct; that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract, and/or duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate, that no part of the "Balance Due This Payment" has been received, and that the undersigned and his subcontractors have -(Cheek APPq.able line) a. ^ Complied with all the labor provisions of said contract. ' b. Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with re- spect to said labor provisions. (it (b) is checked, describe brielly nature or dispute.) By Doyle ConstructiW10ftany trignst ar Authorised Representative) Ysi . 19 Title i .�. CERTIFICATION OF ARCHITECT OR ENGINEER It certify that I have checked and verified the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledgge and belief it is a true and correct statement of work performed and/or material supplied by the contractor; that all work and, of material included in this Periodic Estimate has been inspected by me and/or by my duty authorized representative or assistants and that it has been performed and/or supplied in full accordance with requirements of the reference contract; and that partial pAy t claimed and requested by the contractor is correctly computed on the basis of work performed and/or mate- tfat suppliedze. Signed tMeh at or enguieer) Date --- 9 -2r- 'S PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER Check type or peymenf certified: C ( have checked this estimate Against the contractor's Schedule of Amounts for Contract Payments, the notes and reports of my inspsetions of the protect, And the periodic reports submitted by the Arch i,act lung sneer. it is my opinion that the statement of work performed and 'Of materials supplied is accurate, that the contractor is observsng the requirements ut the contract, And that the contractor should be paid the Amount requested Above. I eertity that all work and.'or materials under the contract has been inspected by me And that it ha. been Perfurtned Andlur sup- plied inin full accordance with the requirements of the contract. (Field Engineer) (Datei Approved (comrsettsa U fiery) (beta) �(J i' APPI.ICr!fION AND CERTIFICATE FOR PAYMEN i- AIA DOCUMENT C702 _.?AGE ONE l 1 PACES 2 TO (Owner): CITY OF KENAI PROJECT: KENAI LIBRARY ADDITION APPLICATION NO: 3 Distribution to: KENAI, AI.ASKA KENAI, ALASKA Cl OWNER PERIOD FROM: 8/26/85 '# Q ARCHITECT o, y 900Dr �» 9� TO: 9/23/85 0 CONTRACTOR O ATTENTION: CONTRACT FOR: ARCHITECT'S PROJECT NO: ;'S - APPI.ICAr�TION FOR CHANCE OROER'SU •C ^• ' Change Orders app4ved In previous months b Owner TOTAL •, 6DDITIONS` 0 ' DEDUCTIONS Approved this Month Number Date Approved TOTALS Net thane by Change Orders 0 GENERAL CONSTRUCTION PAYMENT IS 1� w Ice rq o x 13 :n The undersigned Contractor certifies that to the best of his knowledge, information and belief the Work covered by this Appliation for Payment has been completed in accordance with the Contract Docu• ments, that all amounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRACTOR 6 ' fir': " -.� -' - Date: 9/24/85 Y% CONTRACT DATE 31, 1985 Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. The present status of the account for this Contract Is as follows: ORIGINAL CONTRACT SUM ....................... $ aA7.670, 00 Net change by Change Orders ...... $ 0 CONTRACT SUM TO DATE ......... 497 670.00 TOTAL COMPLETED & STORED TO DATE ........... f 225, 683.00 d (Column G on G703) RETAINAGE' 10 % .. . . .......... ,,,,•,s 22,568.30 or total in Column 1 on G703 TOTAL EARNED LESk RETAINAGE ................... 203,114.70 LESS PREVIOUS CERTIFICATES FOR PAYMENT ....... $ 121, 406.40 r/ l -7 CURRENT PAYMENT DUE ................ ............ --- State of: r110 : I'u':_ • County df Subscribed and sworn to before me this .;'- day of - * - ;19 . Notary Public: 1 / , • _ : ' My Commission exl%res: .:ti j ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED ............................. n accordance with the Contract Documents, based on on -site obser• (Attach explanation if amount c ti/!ed differs from the amount applied for.) vations and the data comprising the above application, the Architect ARCHITECT: cenifies to the Owner that the Work has progressed to the point �� ' Z•? indicated, that to the best of his knowledge, information and belief, (;y; Date: the quality of the Work is in accordance with the Contract Docu- ments; This Certificate is no a otiable. The AMOUNT CERTIFIED is payable onlyt thr CERTIFIED, and that the Contractor is entitled t0 payment of the AMOUNT named herein. Issuance, g payment and acceptance of payment are :withouprelu CERTIf1E0 rights of the Owner or Contractor under this Contract. p y 1 AIA OOCUAUNT C702 • APPLICATION AND CERTIFICATE FOR PAYMENT • APRIL 197E EDITION • AIAe • 0197E G7 THE AMERICAN INSTITUTE Of ARCHITECTS, iris NEW YORK AVENUE, N.W., WASHINGTON, D.C. I11006 0 ---_ CONTINt1ATION SHFFT AIA DOCUMENT G701 rAtlt 2 Vt L PAUta AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: 3 Contractor's signed Certification is attached. APPLICATION DATE: in tabulations below, amounts are stated to the nearest dollar, PERIOD FROM: 8/26/85 Use Column I on Contracts where variable retainage for line Items may apply. TO: 9/23/85 ARCHITECT'S PROTECT NO: A a C D E I F G M I ITEM No. DESCRIPTION Of WORK SCHEDULED VALUE WORK COMPUTED TOTAL COMPLETED AND STORED % BALANCE RETAINAGE This Application Previous Applications TO DATE 10+E+F) (c,+,C) TO FINISH IC-(;) Work In Place Stored Materials (not in 0 or E) 1. Mobilize 17,500 13,125 - 875 0 14,000 r 80 3,500 1,400 2. Sitework 33,000 31,350 - 0 0 31,350 ' 95 1,650 3,135 3. Landscaping 11,000 0 0 0 0 0 11,000 0 4. PavtLng 3,000 0 0 0 0 0 3,000 0 S. Demolition 5,000 2,000 - 2,000 0 4,000 ' 80 1,000 400 6. Curbs & walks 81000 0 0 0 0 0 8,000 0 7. Concrete slabs 20,000 0 10,000 0 10,000 50 10,000 1,000 8. Masonry & Footings 39,000 38,610 - 0 0 38,610 99 390 3,861 9. Metals 6,000 3,600 ' 0 0 3,600 60 2,400 360 10. Carpentry 63,000 18,411 ' 9,939 0 28,350 ' 45 34,650 2,835 11. Millwork 5,000 0 0 0 0 0 5,000 0 12. rnsulation & V.S. 51000 11250 ' 0 0 1,250 - 25 3,750 125 13. Roofing 86,000 0 14,446 48,623 63,069 ' 73 22,931 6,306.90 14. Hollow Metal 4,000 0 0 0 0 0 4,000 0 15. wood Doors 4,000 0 0 0 0 0 4,000 0 16. wood windows 7,000 0 0 0 0 0 7,000 0 17. Finish Hardware 7,000 0 0 0 0 0 7,000 0 18. Glass & Glazing 4,500, 0 0 0 0 0 4,500 0 19. Gypsumwaliboard 9,000 0 0 0 0 0 9,000 0 20. Acoustical 4,000 0 0 0 0 0 4,000 0 21. Flooring 11,000 0 0 0 0 0 11,000 0 22. Painting 14,000 0 0 0 0 0 14,000 0 23. Misc, Spec. 11500 0 0 0 0 0 1,500 0 24. F,quipemont 2,670 0 0 0 0 0 2,670 0 25. Cabinets 13,000 0 0 0 0 0 13,000 0 26. Mechanical 47,000 7,050 - 0 0 7,050 -1 15 39,950 705 27. Electrical 65,000 19,500 ' 2,000 2,904 24,404 - 38 40,596 2,440.40 28. Project closeout 2,500 0 0 0 0 1 0 1 2,500 1 0 497,670. 1,34,896 39,260 51,527 225,683 271,987 22,568.30 AIA DOCL T GM • CONTINUATION SHEET • APRIL 1978 EDITION • AIAV • m 1 THE AMERtta�I INSTITUTE Of ARCHITECTS,1735 NEW YORK AVL, N.W., WASHINGTON, O.C. 20(4. Gra3 - 1978 i .__icy �y i rti � i �Al F-o '� s INVOICE McLANE & ASSOCIATES, Inc. 48089+61190 LAND 9YRV(rOR9 P.O. BOX 499 0 PMONR 292 48/4 A Septe=er2KVT985 •tRAf[ INCLUDE INVOICE MUMMER ON CN(CN City of Kenai N° 3480 0 Department of Public Works Mr. Keith Kornelis 210 Fidalgo Kenai, Alaska 99611 /.� ," ` • �+mot t JOB NO. 85-4022PLEASE P&V FROM I 5` NOW. Any amount unpaid atbr 10 day* will b& (ublaal tO anyntaraat eni gi�oL�,f i• pu;7montn. M.A.P. Project, Construction Ins�'8'4t ,on J :♦ Fee $ 16,278.00 Tax (K) Gov't. Due 18,278.00 (D9(j ♦ T' 000, a LAMa JANNOCIAT08t INC. PROFESSIONAL ENCUNEERS, SURVEYORS & PI.ANNEFIS -,September 25, 1985 3 City of Kenai Mr. Keith Kornelis 210 ridalgo Kenai, Alaska 99611'', Reference; City of Kenai, M.A.P. Project, Construction Inapoction Our Invoices 3480, Charges through September 21, 1985 Dues 18,278.00--" raft 1,;(; OF —/O-dP-X-dr P.D.BDX4BB BOLE30TNA,AK99BB9 9(37-2�421B lo i WINCE • CORTHEII • BRYSON y�v 1 — • v CONSULTING ENGINEERS 00 son 1041 907.293.4672 99NAV ALASKA 99611 Sept. 25, 1985 r 85-25 City of Kenai ' ' "aI o.t fr C 'VarFq 71 6�r, 00 210 Pidalgo I1pq� . f% Kenai, Alaska Attentions Keith Kornelis Subjects Billing for Inlet Woods Construction inspection Please consider this invoice for inspection Services provided for the subject project. Engineer 1 57.5 hrs 0 $58.00 -o' 3,335.00-- Engineer 11I 93.5 hrs 0 049.50-1 4,628.25 - Engineer IV 827 hrs 0 $40.50 / 33,493.50-- Sr. inspector 109.5 hrs 0 $41.50-*' 4,544.25— Typist 4.0 hrs 0 $30.00 / :<120.00-" 55 survey invoice $29,507"+ lot, 32,457.70 — invoice $11,305"+ 10t,' 12,435.50-1 - Invoice $15,434.50'+ 10%� 16,977.95--' Soils Invoice 2160.0e+IOS' 2,376.00 Invoice $450.00'�+106 01 495.00 Engineer invoice $SM.ft-+10% -ftw T" Q, 2216.2ig�►Q !/plop, o� Amount charged to Project $'"tsrr-rr8rT3- Previous Payment $78,440.20r/ Amount Due}• 3Y�bo,�l i cortify that the above charges are correct and no payment has been received therefore. j Very truly yours, y ` WItICE-CORTHELL-BRYSON Philip W, Bryson PA i0k Wurst,tt rnEsau.G OF City Mgr. Attornty xPuh�ic :vorks --,� City Clerk — - Orivit" i0�w Jolitted 8;y_4_. COuncA OX [3r:0 (.JYc: Ck---- ' e Philip W toy#* a► I Alan H Coitholl P I Fronk W Wine* ► E I .i VOX 0II 110L=1W,., ALAb( A Q"U CONSULTING ENGINEER Mike ..ES ,.,.� Pl �..:or 91 tt32, 6 6 �. September 25, 1985 K S►TATFb62P%p IY J ,I�O�•�/ pr Keith Sorrel is .-- -- Director of Public works city of Kenai Box 580 Semi, Alaska 99611 Airport Main Apron Extention CAD Project No. 85043 i Progress Billing thru September 15, 1985 Prafessiew Services - Engineer I - 15.5 Hours @ $67' $ 1,038.50' Project Engineer - 84.0 Sours @ $57- 4,788.00"' Engineer 1V - 37.0 Hours @ ON yt -.166 go- II 66r.00 Inspector - 156.0 Hours @ $40' 6,240.00- - 91.5 Hours (OT) @ $50-1 4,575.00' Technician III - 4.0 Hours @ $35- 140.00- Technician IV - 97.0 Hours @ $27, 2,619.00' i Secretary I - 4.0 Hours @ $28 - 112.00' Diavis Bacon Rates I 2 Man survey aew - 13.0 Hours @ 0105 -1 1,365.00� Regular Rates 2 Man Survey Crew - 5.0 Hours @ $87 435.00" •42,160.50 a,z� 977, S"o Expenses Mobile Field Office - 23 Days @ $10- 230.00-1 McLane & Associates - 0075-t 1.1 962.50,- 1,192.50-1 a , Total Amount Due This Billing 1434,3_SbseB— � .2�t 170, oo raQ - J FOR GOUkNL Mttiu+o ,,, �J Ciq raw. .—.-� j acurrvy �. � ✓�nbtie :vor4; --- .r� City Clerk GriOin�i Ta-� 'o9m+�tcd By� Comit ON 13NO [IYcs ck-- '/I t , a . Ale i to W Co-- . r, 4J City of Kenai August 16, 1985 210 Fidalgo Invoice #14584 Kenai alaska 99611 I Ref: Juluissen, Basin View, Ames, Barbara To invoice you for engineering service in accordance with our agreement with the City of Kenai on the above refer- enced project: Contract Ammount 3550000 ✓ Contract Amendment 3750:00 ✓ Previous Billings (36448.50 � This Billing 4W&:�-- 1, 9So.00 Contract Ammount Remaining 923'Y— as"/,ro Engineer I 4 hours @ 65.00 ,**' 260.00 Draftsman II 15 Hours @ 34.00" 510.00 Draftsman I 16.5 Hours 9 40.00" 660.00 9 Hours @ 40.00 + Arl 402:94 i2o,00 '1 I; ep*a h 7.i0, ao ��r! o' TOTAL THIS INVOICE 1 J c FOR "J# 41i. '•iHUNG Of K a +c .tta: 1 City Cierlt i J C9 x Idfi• -+--•� '�- fhi7tt�l � ay. ..41(fituo 2502 West Northern Lights Blvd. /Anchorage, Alaska 995031 Telephone 9071248.3888124&1919 f f. r' i City of Kenai 210 Fidalgo Kenai, Alaska Attn: Jack LaShot Ref: Extend South Ames Rd. OceanTech September 17, 1985 Invoice #14654 KC:jA1 pfzu%; MUS DEPT. —o P/YI Ot►..---[j Ant. Cont. 13 Sm. —(] L. r; r►• —❑ Shop STP To invoice you for engineering services in accordance with our agreement with the City of Kenai on the above oject: LUMP SUM FE 3 TOTAL THIS ICE 3 75 VO .'#tern �'•x;+hr. .n; t ,tr CtwU Urrau+.r I • ► tdrUrlr OK'Qyp . un.tttrt BY —AV 5333 Fairbanks Street, Suite 11 / Anchorage, Alaska 99518 / Telephone (907) 563.2060 A ' t' i r ! t # i - - 1 1 Li r i ' I d • A/c 6/0, 4/9p00, Vo PAY ESTIMATE CITY OF KENAI AARu WATIM AWn QVWVR AYTANcrnMC zWPD-�9 N G %� Contfirr r voyie construction company Address Rt. 1, Box 1225 Kenai, Alaska 99611 Project No. Phone 776-8552 Period From 3-16-85 to 8-1-85 ANALYSIS OF ADJUSTED CONTRACT MIOUNT TO DATE Ol Original contract amount $141,560.00 OZ Net change by change orders 0 O3 Adjusted contract amount to date $141,560,00 ANALYSIS OF WORK COl9PLETED 04 Original contract work completed $136,291.50 OS Additions from change orders completed 0 © Materials stored at close of period 0 07 Total earned0*04(D= $136,291.50 OLess retainabe of percent 0 0 Total earned less retainage 90-03 $136,291.50 IA Less amount of previous payments $132,091.50 11 Balance due this payment $ 4,200.00 /t ��ta.•vt of 37).b'`t ei cc: Contractor Doyle Construction Company tOR COUKIL NUHNU OF yam(] City rner. Attawy �lfAJ�,[�PWH'c Mi worts --�—�� city C Engineer Trans -Alaska Engineering C_�'7V Ftnt 0r r4WW couw ox ONO prw Ck— 0 c PAY ESTIMATE Ni1,L, 2 0f 3 n N0 : FINAL BARON PARK WATER AND SEWER EXTENSIONS CERTIFICATION OF CONTRACTOR According to the best of my knowledge And belief, I certify that all items and amounts shown an the face of this Periodic Estimate for partial Pa}•maT .tic correct; that all work has been performed .and/or mitertal supplied in full accordance with the requirements of the referenced Contract, and, or duly Authorized deviAtions, substitutions, alterations, and/or additions; that the fatesoinit is a true and correct statement or the contract account up to and including the last day of the period cowered by this Periodic Estimate; chit no part of the "Palince Due This Payment" his been received, and that the undersigned and his subcontractots have -(Check App'trabre ttae) a. 7�I1 Complied with all the labor provisions of said contract. b. C Complied with all the labor provisions of aaiJ contract except in those instances where on honest dispute exists with ro- spect to Maid labor provisions. (ff (b) is checked, describe t-►ieffy nature of dispute.) Doyle ConstrdELnitet oCompany �rL c , 19BE Title CERTIFICATION OF ARCHITECT OR ENGINEER of 1 certify that 1 have checked And verified the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledisa and belief it is a true And correct statement of work performed and/or material supplied by the contractor; that ail work and, 'or trial fntluded in this Periodic Estimate has been inspected by me and/or by my duty authorized representative of assistants d hat i hA been performed itnd/ur supplied in full .accordance with requirements of the reference contract; and that partiA pa men: }a" d and requustud by the contractor is correctly computed on the basis of work performed and/or mate- rial supplid o date _- Signs 1 ins— rn Date August 15, 1985 PREPAYMENT CERTIFICATION BY FIELD ENGINEER Check We of payment eerisftedr C I have chocked this estimrtr rgti»zt the contractiir's Schrrrfnfo of Amounts for Contract Paymonte, the notes And reports of my tnapcctiuns of the protect, rnd the pvriodic reports submittca by the irthiteet 'engineer. It is my opinion that the statement of aotk ire inJ'or fnitettAls supplicJ is accurAtc, that the ...neractor is absetving the requirements us the eonfract, and a ntractof should be paid the amount taquestad above. a work And of mi�teLytAyL.. under the contrAet his I•een inspected by me rod tort it his been performed in.! 'or sup• ll a ordancr i r'rtrri.luifena•ut.. of the e.mtrAa. August 15, 1985 T&—Alaska Eng1AWi &.,, tDa:ef A rpioved tCuntrectine offtaef, • J J V- 4 1' PAY ESTIMATE N0 %FINAL .9 Project BARON PARK WATER ANU SEWER EXTENSIONS Page 3- of 3 Item No. Item Description Original Contract Amount Total to Date Quantity and Unit Unit Bid Price Total Unit Cost Quantity Amount 10.02 Clearing and Grubbing L.S. 500.00 500.00 500.00-,., !0.07(a) Trench Excay. & Backfill, all deotho, for water in 1400 L.F 10.00 14 000.00 1,400 L.F. 14 000.00 10,07(bldeythg. Trench Excay. & Backfill, all for sewer main 1360 L.F 7.00 9,520.010 1,361 L.F. 9,527.00 !0.14 Mechanical Compaction 50 L.F 10.00 500.00 58 L.F. 580.00 !0.21 Construct Apgroaches 2 ea. 500.00 1,000.00 2 ea. 1,000.0 00.07 Remove & replace existing asphalt surfacing 50 S.Y 75.00 3,750.00 11 S.Y. 825.00 W.02 Furnish& Install8 D.I.F. Class 50 sewer main 1360 L.F 19.50 26,520.00 1,361 L.F. 26 539.50 10.04 a Construct Manhole Type A to 8' standard depth 5 ea. 2,500.00 12.500.00 5 12,500.00 10.04 b Additional depth to Manhole Type "A" 11 L.F.400.00 4,400.00 10.4 Connect to existing Sanitary e 1 ea. 10000.00 1,000.00 1 Pa. 1,000.00 iso Furnish & Install 12" D.I.P. 50 Watern 1400 L.PJ 28.00 39 200.00 1. 400 i Furnish & Install 6" D.I.P.' la s 30 for h drant legs 30 L.F, 19.00 570.00 i0.0 a Furnish & Install Fire Hydrae Assembly (Single Pumper) 3 ea. 2,500.00 7,500.00 i Furnish & Install Hydrant " L 0.00 2.100.00 2 L.F. 700.00 '0.20 -Seeding 75,000 S.F 70.00 2.00 5 250.00 60,000 S.F. 4,200.00 10,23 lPive Insulation 2" thick 4 000 B.P 8,000.00 4,400 B.F. 8,800.00 ✓ In. 15 ea., 500.00 2,500.00 5 ea. 2,500.00 ' ` 2.750.001 1 ea. 2.750.00 A i I I 9 Total Amount for hii Page ;Q 141,560.00 � O $136,291.50 4r i f . PROJECT COMPLETED r` CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS To: City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Project: BARON PARK WATER AND SEWER EXTENSION Contract Date: Oc4ober2at 1981 The undersigned, pursuant to the Contract Documents for Construction, hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for -all indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the project referenced above for which the City of Kenai or his property might in any way be held responsible. The City of Kenai can request the Contractor to submit Separate Releases or Waivers of Liens from Subcontractors L and material and equipment suppliers. EXCEPTIONS: (If none, write "None". If required by the City of Kenai, the Contractor shall furnish bond satisfactory to the City of Kenai for each ey--Antion or in the alternative, the City of Kenai may withhold final payment. CONTRACTOR: hA Signature 9 STATE OF ALASKA ) )as THIRD JUDICIAL DISTRICT ) THIS IS C IITIFY that on thisAe; day of , 19:96, ame : TI' / , T , of , being persona ly known to ,ne or hav ng p oduced satirstacLory evidence of identification, appeared before, me and acknowledged Lhe voluntary and authorized execution of the foregoing instrument on behalf said corporation. NuL y publ is for laska h tty ommis:sion Ex "rea:��� U-1 i ....,,...,.—,....... J PROJECT COMPLETED CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS To: City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Project: BARON PARK WATER AND SEWER EXTENSION Contract Date: Oc6beraat In9 The undersigned, pursuant to the Contract Documents, hereby certifies that except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontactors, ' all suppliers of materials and equipment, and all performers of Work, labor or services who have or may have liens against any property of the City of Kenai arising in any manner out of the performance of the Contract referenced above. The City can require the Contractor to submit Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers. EXCEPTIONS: If none, write "None". If required by the City of i Kenai, the Contractor shall furnish bond satisfactory to the City of Kenai for each exception or in the alternative, the City of ` Kenai may withhold final payment. STATE OF ALASKA ) ) fl3 THIRD JUDICIAL DISTRICT ) , TF1IS IS TO CEF T IFY that on this day of , 19f5, an►o• , Tit a• , of , being person y known u ►ne or h7viny produced uaLi► l'actury evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the forngoing instrument on behalf of said corporation. Notary+ b is forAl ka My Comm'3sion Expire : ,�() V-1 i i CONSENT OF SURETY COMPANY TO FINAL PAYMENT PROJECT: BARON PARK WATER AND SEWER EXTENSION r. OWNER: City of Kenai CONTRACTOR: DOYLE CONSTRUCTION COMPANY CONTRACT DATE: October 22, 1984 In accordance with the provisions of the Contract between the City of Kenai and the Contractor as indicated above, the FIREMAN'S FUND INSURANCE COMPANY AQO K e AAl1 aaScka- 9901, SURETY COMPANY, (Name and Addressot Surety Company) Doyle Construction Company Rte. 1, Box 1225, Kenai, Alaska, 99611 , CONTRACTOR, (Name an adressotContractor) hereby consent to and approve of the final payment to the above named Contractor in the amount of $136,291.50 , and in the case of the Surety it is further agree As °o ows; 1. In giving this consent the Surety has made its own investigation to determine whether said payment should be made to the Contractor and has not relied on any representation by the City of Kenai or its employees or agents which has induced it to consent to such payment. 2. Surety agrees that this payment shall not relieve the Surety of any of its obligations to the City of Kenai as set forth in its Labor & Material payment and Performance Bonds and it hereby expressly waives all claims against the City of Kenai for wrongful release of funds to the Contractor. IN V,ITNESS WHEREOF, the said Surety Company has hereunto set its hand this Ilth day of ce�nr -, 19 85• SURETY COMPANY: FIREMAN'S FUND INSURANCE COMPANY u�ized Company Rep. Heidi L. Breeden, Attorney -in -Fact STATE OF ALASKA ) )SS THIRD JUDICIAL DIS`PRICT ) THIS IS TO CERTIFY that on this Ilth day of September , 19 85, Name: Heidi L. Breeder: , Titre: Attorney -in -Fact , Of FIREUNIS FUNn TNSIIRA r ��GNU pe , being rsonalTy nown to me or having produced satistactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrment on be if or id corporation. 4 -- Notary PuoiLc "r Alas a My COmmiSZionExpires: W-1 . PONEIIII OP- ATroRmEY FIREMAN'S FUND INSURANCE COMPANY XNOW ALL MIEN SY THESE PRESENTS: That FIREMAV•S FUND INSURANCE COMPANY. a Corporation dul) vilanited and twitting under the laws ul the State of California. and having its principal office in the City and County of San Francisco, in said State. has made• constituted and appointed. .__. � �iw ...n• vj :ui ii yi sidnii ouwc. wnxuwir 48w Ayyvmi -----HEIDI L. BREEDEN----- its true and la%lul Attorneyo)•ite•Fact. with full power and authority hereby conferred in its name. place and stead. to execute. still, acknowledge and deliver any and all bonds. undertakings, recognizance$ or other written obligations in the nature thereof ----„----------„--------- i and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the Resident. stated with the corporate seal of the Corporation and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorney( si•in. Fact may do in the premises. This power of attorney is granted pursuant to Article Vlll. Section 30 and 31 of Bylaws of FIREMAN'S FUND INSURANCE COMPANY now in full force and effect. •'Article V III. Appointment snefAurhorie) Astisrant lrcrearies. and Aaorter) •in•Fact and Agents to 0cerpt trra1 Pro: esi and .Make Appearsners. Section 30. Appointment. The Chairman of the Board of Directors. the President. any t•ict•President or any other per.oe suthorited by the Board of Directors, tht Chairman of the Board of Directors, the President or any Vice-president. Me). from time to time. appoint Resident .Assistant Stereiario and Aitterneys•in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and male appearan.t. for and on behalf of the Corporation. Section 31. Authority. The Authority of such Resident Assistant Stefetarirs. Attornt)••in•Fact. and Agent. shall be ss prtwribed in the in.trument evidential their appointment. and an) such appointment And all au►horit) /ranted thertb) may be resiltd at on) time b) the Board of Dirtctor% or by any person empop erect to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY at a mitten$ duty called and held on the Oth day of July. 1966. and said Resolution has not been amended or repeated: -RESOLVED. that the signature of any Viet -President. Assistant Secretary. and Resident Assistant Secretary of this Corporation. and the seat of this Corporation may be affixed or printed on An) power Of stiornt). on an) revo:ation of any power of attorney. or on an) certificatt relating thereto. by facsimile. and any power of attorney. and• tevocation of an) power of attorney. or certificait bearing such facsimile signature or facsimile seat shalt he valid and binding upon the Corporation. INl WITNESS WHEREOF. FIREMAN'S FUND 104SURANCE COMPANY has caused these presents to he signed by its Vice-president. and Its corporate seat to be hereunto affixed this 9 7`►i da) of = 0b � � • t. ), I . 19 u FIREMAN'S FUND INSURANCE COMPANY wr• r.NfM STATE OF CALIFORNIA} ss. CITY AND COUNTY OF SA'ti FRANCISCO On this 27Sh day of February 19 84 , brfOlt meprr.onsihcame Richard WI 1 I tams to me know re. who, bein` by me duly sworn. did drpote and tay. that hr e. s ice•Prniaenr of F1REMAN'S FL %D IvSL RAKE COAfYANY. 1he Cor- Potation described in and which executed the abort instrument: ttsal be 1110ws the .Cal of .aid Corporation: that the .rsl affixed to the said instrument a such corporate stal: that it wes so of fixed by order of the Board of Dire.ton of sand Corporation and ihai ht kgllyd ht. name thtreio by like order. { 1N WITNESS WHEREOF. t have hereunto set my hand and affixed my Official .eat. the ds) and )tar herein lira abo•s wrinen. umutuuwarnuuOFFICIAL $SEAL sstttu/ • / SUSIE K. GILBERT I:'C+iARY PUBLIC • Cli FORMtll CITY i COMrtY OF S1M RIMCIICO +«a. rvri,. ia My Commission frpires How. 13, 198/ CERTIFICATE � 0//tI/1NtMIIIIMNtH�Q$t/�»MiraalaalaalaMta STATE OF CALIFORNIA. CITY ANDCOL'NTV OF SAN FRANCISCO (u• 1. the undttsi$ned. Resident Assistant Secretvy of FIREMAYS FI;NV 1NStRANCE CO%IpA,%', a CALIFOR%IA Coiparsi;on, DO HERE81" f CERTIFY that the forrgoinl and atu:hed POW ER OF ATTORNEY remain% in full force and rs% not li-en resoled: and furthermore 1Gat Aru:1t Yllt, Seettom 30 and 31 of the By-laws of the Co:; -•+-ton, and the Resoiution of the Board of Durctor., tie fonli in One Power of Allow). art now in force. , kilned and stated at the City and County of San Francisco. Dated the 1 1 t h_ ds) of Sevember Iq SS 1 380711-FF-541 ar.iOtlN A»auni st+inay 19 C it 21 22 23 24 25 21. 29! So! 31i c 32: 31. 24. 36 it 31 is 36 10. 6A) iwlal.,.J. IL4,,.0 4 "1 F.I.. Phi/ I 4 , ! l 15,11J.5il f OY !! ly t A,,re.Wj-t' 1 C4Ii��Tom: FT k. "Pop I—T I I t 1 +1 I o I f owls'". I'mro COMPA"y alsoe"Oran 8 10 11 .12 13 1 .1: As It Its to 20 21 22 :3 24 75 26 21 28 : 3 31 32 33 34 35 1 36 31 38 )I 40 —f A-PL Pj" PAY ESTIMATE CITY OF KENAI (McCollum, Aliak, Princess (Cinderella, Fox, No. Linwood (Magic, Hutto, Japonski Project MAP Project (and Kenai Spur Highway Contractor Zubeck, Inc. Address 7983 Kenai Spur Highway Kenai, AK 99611 Phone (907)283-3991 r- 11L I-0 — ,2a N 0 : 2 t/ A/-C -"4'- 0 3 9, y�-o/o, b b 9r Project No. Period From Sept.6-85 to Sept.23-85 ANALYSIS OF ADJUSTED CONTRACT MIOUNT TO DATE / O Original contract amount $1,665,095.00 ✓ 'O Net change by change orders OAdjusted contract amount to date ANALYSIS OF WORK COMPLETED eo 04 Original contract work completed 224�:z 17, Y3r2. o 0 OS Additions from change orders completed y -0- , © Materials stored at close of period 241,881.89 07 Total earnedO4 +OS + 6O= lfr 333,br9 ® Less retainage of & percent Wig— yr 9333 9 O Total earned less retainage07 - SO E 4 y/3 y 190,5-O 10 Less amount of previous payments 323,014.65 11 Balance due this payment -03,;35 -" r 90-3A'5: Afr FOR COUiewL :AL11I46 OF -9 cc: Contractor Zubeck, Inc. :-1 r;;tr Imp. --(� Attont" City Q'rk Engineer McLane and Associates, Inc. eek F;n�n -ci 0641 To_Utimtted f3 it Iff C'VY8Icd UK (]!Uo QYcs Ck— Page 2 of 15 PAY ESTIMATE N 0 : 2 MAP Project CERTIFICATION OF CONTRACTOR According to the best of my knowledge and belief, I certify that all items and amounts shown on the face of this Periodic Estimate for Partial Payment are correct; that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contractand/or duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a , true and correct statement of the contract account up to and including the last day of the period coveted by this Periodic Estimate; that no part of the Balance Due This Payment has been received, and that the undersigned and his subcontractors have -(Chock applicable line) a. Complied with all the labor provisions of said contract. b. Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with re- spect to said labor provisions, (it W la checked• describe brtolly nature of dleputoq l By Zubeck, IAC • (Contractor) (i)gn. of Authorised Representative) 4?. Z 5.85 r 19 Title f >r. � CERTIFICATION OF ARCHITECT OR ENGINEER i I certify that ! have checked and verified the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief It is a true and correct statement of work performed and/or material supplied by the contractor; that all work and/or material included in this Periodic Estimate has been inspected by me and/or by my duty authorized representative or assistants and that it has been performed and/or supplied in full accordance with requirements of the reference contract; and that partial payment claimed and requested by the contractor is correctly computed on the basis of work performed and/or mate- tial suppliedrt date S,aed �G (Architect or enlingm) McLane b Associates Cate 47' 25' 8s PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER , Chock type of payment eortrl)edl Q! have checked this estimate against the contractor's Schedule of Amounts for Contract Payments, the notes and reports of my inspections of the proieet, .tnd the periodic reports submitted by the architect/engineer. It is my opinion that the statement of work performed and/or materials supplied is accurate, that the contractor is observing the roquirements of the contract, and that the contractor should be paid the amount requested above. E161 certify that all work and/or materials under the contract has been inspected by me and that it has been performed and/or sup• plied�74 ifull accordance with the requirements of the contract. WA,—, (Field Bng(neer) McLane b Associates (Data) Approve) (Contracting officer) (Dea) z_ r r J i Taw Roads CnV A1100011V -- i pfll OF KOW - �oNew 1 u,W►I ALAW 9 yn Mum f I AGREEMENT FOR RECONVEYANCE OF PROPERTY AND " ,!l11..1AC n I.V I.V.JJV..I,YV VI 19=7 DEED: 11. This Document constitutes the agreement between the City of Kenai, 210 Fidalgo Street, Kenai, Alaska, 99611, hereinnfta, called "the City" and Rick Luebke, 7984 Spur Highway, Kenai, Alaska, 99611, hereinafter called "the Devoloper"{ for the reconveyance of Government Lot 50, Section 34, T6N, R11W, Seward Meridian, in eight (8) separate parcels, and the simultaneous execution of eight (8) new deeds of trust entered into on this day of , 1985. 2. Developer is the record owner of Government Lot 50, Section 34, T6N, R11W, Seward Meridian, so evidenced by a Quit Claim Deed recorded in Book 246, Page 515 in the Kenai Recording District, Third Judicial District, State of Alaska. The City of Kenai is a beneficiary to the Deed of Trust between Rick Luebke and Alaska Title Guaranty Agency, entered into on the September 20, 1984. 3. In the best interest of developing the City of Kenai and in order to aid the Developer in financing the subdivision of Government Lot 50, the City of Kenai agrees to reeonvey Government Lot SO to Rick Luebke in consideration of Mr. Luebke executing eight (8) new Deed of Trust documents, which deeds shall conform to a preliminary plat attached hereto and marked as Exhibit A. 4. Developer agrees to pay all costs associated with recordation and subdivision plat approval and execution of the now deeds of trust, as well as any other costa incident to this agreement. S. The City of Kenai agrees to perform a reconveyonce and simultaneous execution of trust deeds for the eight properties shown on Exhibit A upon approval of the preliminary subdivision plat by the City of Kenai Planning and Zoning Board and to apportion payment for individual lots on a square foot basis. IN WITNESS WHEREOF, the Parties who have executed or caused to have executed by their duly authorized officials, this Agreement in two counterparts which shall be deemed an original on the date first above written. OWNERS CITY OF KENAI m.Brighton, City Manager STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this dry of , before me, the undersigned, a Notery ufYe in and or he tste of Alaska, personally appeared William J. Brighton, known to as to be the person described in and who executed the within and foregoing instrument, and acknowledged to me that he signed and staled the said instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and Notarial Seal on the day and year in this certificate first above written. Notary Public in and for Alaska. My Commission Expiress l> . S .I s.• lr�:wr r DEVELOPERs Rick Luebke STATE OF ALASKA ) as. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , before me, the undersigned, a Notary u'ubblTc in and fos th tate of Alaska, personally appeared Rick Luebke, known to me to be the t person described in and who executed the within and foregoing Instrument, and acknowledged to me that he signed and sealed the said instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and Notarial Seal on the day and year in this certificate first above written. Notary REM in and for sska. My Commission Expiress I I �I I � II rtt I ,'4 1 C" A7fo"v j ro wow IdpAl, AUWAOM: 1 f 1 1 r f 1 i 5 - e k t I � 1 i r F T ,i _t�1.!t7 L.... D I I '•,rll � ll rn. � 1 sHNnl w l l� yt...-�lrtt4•Y Ill ' +' • 1 `\: CERTIFICATF of OWNERSHIP�gnd YNr•r E IC TIOft • " ( ,y,-NLAEfl CLRTI/Y THAT ,•4f7L• THE OWM[RI31 01 THE ' > j PROPERTY SHOWN S DESCRIBED HEREON b THAT_A_IICREIY 3 A b& Z ADOPT n" PLAN Of SUROIYISION 0 DEDICATE ALL RIGHT -Or - 'I tAO\\A •L• T RtAn••A WAYS N PUBLIC ARIAS TO ►USLIC 999 S OAANT ALL [ASEMENIS 0 . I '� � •• TO IN[ USE '. [ bHOWN.• ,AM. 7 r.Q/JtM�''.'�� l: .. • � .• {. .1 \ � RKI\. dArAi, A/S M\T ,fwr, •• ,*rl '.-� 1 ► t jD; 0 ARYIS ACKNOWLEDGEM •*~so '.. Of Ounces AND SWORN tvOR[ME 1MIS•-._•OAY OF INr so sJA1 r,sNO 6 Ntl 10 _•' •t r ,/ 7 •, • 1 M TNIC roe AL COMY SSLION L PIRESSRA I \ A AI„r•t 1 1 { as- PLAT APPROVAL TWO !LAY WAS APPROVED tY THE otNAI PENINSULA SOPOUON ' KANNINO COMMISSION AT THE Mt[TUIo of '•ELDrRWRY .11REfT KENN noUNIULA DOROM AUTHORIZED orrrclAt •' •y;: t:�••9AV16OOly•fYbOAR910A1 :, ' Pi'Pr '' i'• .J'•� ' r :1 .•' ;`�E -A .� T.i,:Y f, .\•� •4 ?,•'A«,.�.•••.�.}.� I•E: •• '' .._�'' . :'t'�.,. ;; •I. %f; _ }'� '{ ,�' .•. +II / �.�+. •,' LI/f0RO[• 9ARE2,4 S>%.' iI+<,. •'MOISTRATION not }}•blot:.,/�••S •S. i T�-t Lti A% A.%y j'rSrK��Pt�.ly�,;�yfYi;� rlj +r q:is '•t•Y• EY, •r'Y�'�N ,- �1�y:17i'sl7l,7i''•%!!•iJ�,[�.rity97i •A �.�. ,.i �,•.rIVyW'�'.::�,\: ter•,•!, �wv: •I,AI't,J•1,:�s!i.l.r:':.lf•:'j*r f.: �,.1i1•'. '1 •!, •,+' =,�Y_Jniv�nr •.•. .•=s ::Sr'--Lsli� r}'• 'i••, �i I7..rt.}M •iir; �1/l..f%.A�. .. ./' \l, i..i J.•Y I.' •�:'•� •,• •�„r•\rli h .. • •• •� ''.�. ••'�.. J .y•.. • .,,• r7. t fi•i, -.:\•• ,'.:•' .fi�•�.i: �d raYNgt lsttA w. wi��'��i. /�`yj •.� •• ,•.,7 .vf.'�', rr i..A �I,':: �.f.: �I' ••• t : �•Y!\•1'' •:•I •y ,':. w o . 'i�j •" • BK LUE SUBDIVISION: '"�.• i;.y,.,,...•,s:: �.:- �; .;:•. ' ® beriiltRiBtttxr,L,M, '. fvu..'.nl•.A:..'.L:.•�.}:. ' ,' r :K•.tE Y...• .. :.. : 4 ,•�' ,.. • ,I •"•.� .:, M; �,Y '• •. - ' SUSDIViON'OF O A OV'T LOT $O LOCATED • •'� .:' •' 9 fto LAYO USIS saVfAtt sovtRnt9 M (pt�IL WITHIN THE NE Vl SW V{ 9W Vl NE Vl •!tsm(rmd tw u,� •.• town, staLLATO" SEC Sl TON ROW 8 At. AK AND THE CITY . • 4 •• I - NO. ties walm . • - �•}, • •,. ••ty 1• •. r rK NALL WAS19WATIA IISPOSA► t"Wgus SMALL COWLT OF XXNAL ' ad matam$ L L f,• I MN ttININS LAWS AT lot UNIT a CONSTA view. `.; • • Ir•=.} • ':' ; 400KING /t01A01MI �/, mm M11R1 PO " Is" 9966f • • ' � (f IAA(A NN rl.�Iw ,t •pPI, rt1• trNu1P „ +rr wdILers & 0isun, inc. Box 5064 insurance Kenai, Ak. 99611 10809 Kenai Spur Hwy. Telex 25.249 907.283.8118 September 27, 1985 ! Mr. Charles A. Brown City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Dear Charlies Confirming our conversation of September 12, 1985 a reduction in the limit of professional liability carried by architects and engineers from $1,000,000 per occurrence to $500,000 per occurrence will not affect the premium of the City of Kenai compressive general liability policy. However, copies of jand lease agreements and insurance requirements for air lessees were submitted to the underwriters of your primaryexcess airport liability coverages. Any reduction in tlimits of liability would have a direct impact on prem paid for those policies. Sincerely, Kurt E. Olson ay I I, Wm. J. f4lelson N Associates P.O. BOX 1B99 KENAI. ALASKA 99B11 215 FIOALOO. SUITE 204 leo7i es3-3593 September 27. 1 Keith Kornei i s Public Works Di City of Kenai 210 Fidalgo St. Kenai, AK 99611 SEP 1985 c., fR�kL'r1VtU �. tqr Res M8512 - H.A.S. PROJECT - Status Report Dear Mr. Korneliss • Work on the project has progressed slower than expected. The Contractor submitted a schedule dated July 17, 1985 (copy attached) which showed that work would be finished with the exception of seeding by approximately September 20, 1985. Several revisions to the schedule have been made by the Contractor as work has progressed. Similarly, Change Order items includnq water line replacements and additional water and sewer services have somewhat altered the planned schedule. The Contractor is far from being finished twlth the project. in fact, if past performance were an indicator there would be no chance for the Contractor to finish the project before October 31, 1985, the original Contract completion date. Five additional days have been recommended for Change Orders. Pay Estimate No. 2 for the H.A.B. project was submitted to the City on 9/26/85. As of that date the Contractor was approximately 20% complete based on value. However, since some of the higher cost -per -unit -of -work items (Type I Backfill, Seeding) are at the and of the project it would be more representative to view the project schedule in terms of time to <omplate instead of value. Based on time, it is our estimate that approximately 25Z of the work is complete. The Contractor has used approximately 70% of the Contract time available, however, since actual work did not begin until approximately one month into the Contract time, the Contractor actually needed approximately 50% of the allowable time to com- plete 25% of the work. Thus it appears unlikely that the -'work will be finished in the allotted time unles the Contractor's productivity is increased. The stows of wort; as of September 26. 1985 wase EAST ALIAK (Linwood to Highbush) Completede Underground work complete including services and fire hydrants, excavation to subgrade almost 90% complete. Stockpiled surplus excavated material being hauled away. 360 LF watermain is in and approximately 480 LF storm drain. Remaining: Type I Backfill, trim slopes, some culverts, seeding and topsoil. NORTH HIOHBUSH and BUMBLEBEE Completede Underground is essentially complete, including ser- vices, mainline extensions and stubouts. Some excavation com- pleted. Stockpiles being hauled away. Culverts are in. Remaininge Type I Backfill, trim slopes, topsoil, seeding. SOUTH HIOHBUSH Completede Sewer is nearly complete including manholes. Water nearly complete. Remaininge ''Excavation, Type I Backfill, trim slopes, culverts, topsoil, seeding. EAST ALIAK ( Highbush to Swires) Completede AdJust manholes Remaininge Storm Drain (900' ±> manholes, water and sewer stubouts, services, culverts, approaches, excavation, slopes, Type I Backfill, topsoil, seeding. SWIRES Completede Clearing Remaininge Water and sewer mains (600 LF ± each) excavation, water and sewer stubouts, services, culverts, slopes, approaches, Type I Backfill, topsoil, seeding. Our observations of the Contractor's operations have revealed a significant increa-,i in his productivity. Waterline replacement on E. Aliak progressed at 100 - 200 feet per day while a rate of 400 feet per day was achieved on the water line on S. Highbush. The increased productivity is attributable to the Contractor's increased ability to utilize his dewatering system and overall increased efficiency in the utilization of equipment and manpower. i� Due to variations in the Contractor's use of manpower and equipment, variations in depth of water table and unknown subsurface and/or weather conditions. I am not able to accurately predict the Contractor's schedule for completion of the project. However* it is necessary to estimate where the Contractor will be near the middle of October so that we can plan contingencies for discontinuance of work due to freeze up. My best guess estimate is that the Contractor will have the Type I Backfill (gravel) in place on East Aliak from Linwood to High - bush as well as on North and South Highbush and Bumblebee by October 15, 1985. By that time I also expect that the storm drain will be completed on East Aliak and that excavation will be complete from Highbush to the and of the storm drain on East Aliak. Unless a large jump in productivity occurs I don't believe that the Contractor will be able to finish all excavation and all underground (water and sewer) by freeze up. For this reason it would not be a good idea for the Contractor to get too far ahead on the underground work at the risk of not being able to get the road in shape for possible winter shutdown. We will request a revised schedule from the Contractor for this purpose. II Sincerely, WM.J. NELSON & ASSOCIATES m. J.,Nelson, P.E. Principal WJN/bsg Attachments 1. Contractor's original schedule 2. Letter to Construction Unlimited 9/27/85 I ! WORK SH E _ � r EST. ►lo . I i. PROJECT 5�._. .. toN E. All:_ 1.� N.,•�1. 14-it,;asf_n I- 1��_TS.,,it, 1J,;�bv.t, f (?�•,bIapea S}• i wt 6+ l,.�i{. OtiTE - i' i'7' 85 CHECKED: DATE: in a N 4z cz (t (k jitwt a 1 . 41.i1• ..�.--- ....» �...—. .. »... .— .. —� —... .• ...- . —... —.. M. wa !i a i 'S ..t..B.A:a• �»� • • two. • !, .a • .i �_!A_.w: � C Saa� t L L.,- T.r.. •. ow.r �Gsr rmv� r.. rr wa rw..... i I 7 I `�/ I 1 _ _' _ _ J� . / \ _ • 1 ['.nNRI II T1Nr3 PNnWFPaa r ♦ 11 I. V� I IE'IJUI I L� / „UL IUI�, STRUCTURAL / CIVIL. / RL ANNING P.O. BOX 1 BBB KENAI, ALASKA 99B11 215 FIDALOO, SUITE 204 1907I 283-3583 September 27. 1985 John Herring Construction Unlimited, Inc. 8821 Emerald Drive Anchorage, AK 99502 Rat EAST ALIAK, NORTH HIOHBUSH, SOUTH HIOHBUSH, SWIRES and BUMBLEBEE Dear Mr. Herring: Your schedule for this project dated 7/17/85 indicated that all work except seeding would be completed by approximately 9/20/85. Pay Estimate No. 29 for work through 9/25/85 approved payment for approximately 25% of the work on the project. Please submit an updated construction schedule. I am concerned that the project will not be substantially complete before the ground freezes. Therefore, I would like to know what your plans are so that the project can be winterized, it necessary. I am particularly concerned about the possibility of the excava- tion being performed on East Aliak from Highbush to Swires and then the ground freezing before the storm drain is completed. This would create a lake on East Aliak next spring. Is it feasible to excavate from Highbush to the and of the storm drain then install the storm drain immediately behind the road excava- tion operation? Please address the possibility of suspension of work in accordance with Section 5.14 in your response. Sincerely, WM.J: NELSON & ASSOCIATES 001, Wm./J. Nelson, P.E. Principal WJN/bsq • i I N J n • J i 1 ,I ` AlG 7.22, y9000, eo 90�" PAY ESTIMATE .x 1VF0 - aV NO : L/ +� CITY OF KENAI Project STANDARD DRIVE, THOMPSON PLACE - 1984 ROAD IMPROVEMENTS Contractor Central Alaska Construction Address P. 0. Box 1594 Soldotna, Alaska 99669 Project No. Phone 776-5515 Period From to ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Original contract amount $178,928.50 ✓ ,O2 Net change by change orders Cp�9�0.da 0 Adjusted contract amount to date o2l,/�•�'..5� ANALYSIS OF WORK COMPLETED ® Original contract work completed OAdditions from change orders completed 6 glp�, ✓ © Materials stored at close of period '— O7 Total earned+O+O=�- 80 Less retainage of percent ��lj`. �1r ✓ I i O Total earned less retainage O -OS a��, •��G� ��' a- 10 Less amount of previous payments �7 /%"% (%� ✓ 11 Balance due this payment cc: Contractor Central Alaska Construction Engineer Wince, Corthell. Rryjwn fOR COUa+.rL tIEVVIG OF Uy s„qr.--....;, AttOMey �(7 c,Q�auc Works - --U Cdr Clerk _.9 F,nar•e —�—j,] Grilinal IvAL 'Submitud Bye Council oK ON* [jYts Ck-- Page Z of 1-15 la , r PAY ESTIMATE NO:� STANDARD DRIVE, THOMPSON PLACE 1984 ROAD IMPROVEMENTS CERTIFICATION OF CONTRACTOR According to the best of my knowledge and belief. I certify that all items and amounts shown on the face of this Periodic Estimate for Partial Payment are correct; that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract. and/at July authorized deviations, substitutions, alterations. and/or additions; that the foregoing is a i true and correct statement of the contract account up to And Including the last day of the period covered by this Periodic P.atimate; that no part of the "Balance Due This Payment" has been received, and that the undersigned and his subcontractors have -(Chock appHrable line) A. RlIcomplied with all the labor provisions of said contract. b.[' Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with re- spect to said labor provisions. (It (b) it checked, describe briefly nature of dieputo.) rG ! en ra ae 7's"Vetlon (Signature of Authorised rosentetive) CPO 1 %OX Title CERTIFICATION OF ARCHITECT OR ENGINEER 1 certify that I have checked and verified the above and foregoing Periodic Estimate for Partial Payment; that to the best of my Itnowleci fe and belief it is a true and correct statement of work performed and/or material supplied by the contractor; that all work and/or material included in this Periodic Estimate has been inspected by me and/or by my duty authorized representative or assistants and that it has been performed and/or supplied in full acearJance with requirements of the reference contract; and Ipartial ent claimed acid requested by the contractor is correctly computed on the basis of work performed and/or mawtial supplic t date. Signed 0*1 Wince Co x1',"s1"M Date i8" PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER Chock type of payment oorrlfiedr Q I have checked this estimate against the contractor's Sehodule of Amounts for Cmiroct Payments, the notes and reports of my inspections of the Prows. and the Periodic reports submittc-1 by the .uchitrct/cnRmerr. it is my opinion that the statement of work ppe�rformed AnJ.'or materials supplied is accurate. that the contrAcietor is ob,rving the mquitemcnts of the euntract, and that tba contractor should be paid the amount requested aburu. certify that all work and ur material. unJer the contract ha+ t+ten inspected by me and that it has been Performed and'nt sup- plied in 1 accordance uith the requirements of the euntract. 9 ;9S 5_ Wince, Co hell, 4Mm*ai--r) (Odle) A (Spruced (Contracts" Officer) Ivaco) I F PAY ESTIMATE N0: a 1a1 'CITY OF KENAI Project EAST ALIAK ST., NORTH HwnusH LANE, SWIRES DRIVE SOUTH HIGHBUSH LANE. AND BUMBLEBEE STREET Contractor _ ronntrtctinn Unlimirpa` Inc. Address 8821 Emerald Drive E - Anchorage, Alaska 99502 project No. 51,2 Phone 249-6490 Period From - 6- S to ANALYSIS OF ADJUSTED CONTRACT MiOUNT TO DATE 0 Original contract amount $768,605.80 ✓ Net change by change orders _$- 3,4.046.t 3 Adjusted contract amount to date � 2�c�a,esa. or ANALYSIS OF WORK COMPLETED ® Original contract work completed i�t�,afu ✓ OS Additions from change orders completed �, ;y.DYb.• © Materials stored at close of period .� lags byg,2z ✓ w—� O7 Total earnedO4 +O5 +©- t 3,20 q0A �• ® Less retainage of 10 percent 3.7, 8170. e= ✓ OTotal earned less retainageO9 -(D uqb, ol7• =. q- 10 Less amount of previous payments it Balance due this payment 0ya.40 9- cc: rontTn,-r,%r __ .. FOR CCUNidI 5I;EETIfir. as; A-1'bs — — -- ' ............ v,,..u•.�cy, a6C • !� GtJ t19f. Att .4?ublk %Volk$ -�.f� city Engineer Wm. J. Nelson & Associates ma_-:5 foil ce .-- 0- origwl r .ubmitwd BYE• /i / Council oK Ifo Oyes - Ck---. L' w- i Is ;4 Penn 9 er• 15 PAY ESTIMATE N 0 : ,:� EAST ALIAK STREET, NORTH HIGHBUSH LANE, SWIRES DRIVE• SOUTH HIGHBUSH LANE, AND BUMBLEBEE STREET CERTIFICATION Of CONTRACTOR According to the best of my knowledge and belief, 1 certify that all items and amounts shown on the face of this Periodic Estimate for Partial Payment a-c aareec; that all work had been performed andior material supplied in full accordance with the requirements Of the referenced Contract. and/or duly authorized deviations, substitutions, alterations, and/oradditions; that the lorexoing is a true and Correct Statement of the contract account up to and including the last Jay of the pertod covered by this Periodic Estimate{ that no part of the Balance Due This Payment has been received, and that the undersigned and his subcontractors have•.ChSr Applicable lined a. C Compiled with all the labor provisions of said contract. b. Cl Compiled with ail the labor provisions of said contract except in those instances where an honest dispute exists with to - •pact to said labor provisions. (it W is chocked, describe erloflr nature of dispute.) By Construction UniftYV9f, Inc. (ilinnurs at AWhwbed a enatJve) 26 / J - n • 19� Tide __ CERTIFICATION OF ARCHITECT OR ENGINEER 1 certify that 1 have checked and verified the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledj�ttq and belief it is a true and correct statement of work performed and/or material supplied by the contractor; that all work and.ot material included in this Periodic Estimate has been inspected by me and/or by my duty authorized representative of assistants and that it has been performed and/or supplied in full accordance with requirements of the reference contract; and that partial payment cl.tinied and requested by the contractor is correctly computed on the basis of work performed and/or mate• tiai supplied to date. /� Signed / Wm. J a4'414�if[•$I °A9l�btrt8tef3 Date PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER CAs a type of Payment esftffloOt have checked this estimate against the contractor's Schedule of Amounrx tot Contract Poymonta, the notes ,Ind reports of my tn,pections of the project, and the periodic reports submitted by the arch liver -engineer. It is my opinion that the statement of work pperformed and:'w msecriala supplied is accurate, that the contractor Ie observing the requirements of the contr.et, and that tha Contractor should be p,►id the amount rvquvste•f .tbllvv. [] I Certify that all work and 'or materials under the Contract has been inspected by me and that It ban been pertormed and/or sup. plied to full aeeordanec with the requirements of the contract. WM. J• Nelson & ilstfftatew (Date) Approved _ (Contracting officer) (Date) n 1 : 1 t • f c, PAY -I ♦ di W 9 n n n k elk - ESTIMATE NO: (,o ✓ CITY OF KENAI , /VO G Or,9. �� ti6owT 7aa vycto MAIN STREET LOOP, LAKE, MARINE , GRANITE POINT, F.B.O. ROAD lhoi" T�%� dye yv rC�9nq�e�e Project PAVING, WATER, AND SEWER IMPROVEMENTS 1984 ovt4r( Contractor Comancha Corporation y: It a /t1 t••►,,,{r, Q F�� o(, Address 1217 East 66th Avenue e°gQ Anchorago, Alaska 99502 Project No. 84AB Phone 349-6663 Period From S /151g5 to g /za /$S ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE O1 Original contract amount _$ 844,233.00 �2 Net change by change orders Ile 10A A4 OAdjusted contract amount to date ANALYSIS OF WORK COMPLETED V Original contract work completed 855. 9 55 &' 05 Additions from change orders completed Hr. 1044° © Materials stored at close of period 4- 0 Total earned(4 +OS +©■ 817Zt0(00 2& ® Loss retainage of percent 43,,(.0.5 OTotal earned less retaina�eO7 -�. 8?-B. A5� !9- Ir 10 Less amount of previous payments l5`i. 141 ?- 11 Balance due this payment r M �f cc: Contractor Comanche Corp. Engineer Wm, J, Nelson 6 hisociates FOR COUNCIL 1AWING OF -L"� 1i�{j CAY MV, -.--CJ auwnr,, -. Pua+c woks --.-U city Wear F1 Orbin�el ToP- �uGmit 0 By-�.LfG CwfwI OK Clio DO$ Ck— A ..)e. , • i.n... a , n• Page 2 0f 1Z PAY• ESTIMATE N0: • i MAIN STREET LOOP, LAKE, MARINE GRANITE POINT, P.B.O. ROAD PAVING, WATER, b SEWER IMPROVEMENTS 1984 CERTIFICATION OF CONTRACTOR Aceordinit to the best of my knowledge and belief. I certify that sit items and amounts shown on the fact of this Periodic Estimate for Partial Payment are corrects that all work has been performed and/or material supplied in full accordance with the requirements Of the referenced Contract. and/or duly authoriztd deviations, substitution$, alterations. and/or additions; that the forgsoing is a true and correct statement of the contract aceount up to and includini the last day of the period covered by this Periodic Estimate; that no part of the "Italance ^jc This Payment" has been received, and that the undersigned and his subcontractors have•(Chock cpprirswr Une) A. [] Complied with all she labor provisions of said Contract. b. [„� Complied with all the labor provisions of said contract except in those instance$ where on honest dispute exists with re - specs to said labor provisions. fit (b) is checked, describe briefly nature of dispute.) Comanche Corporation r. (Contractors By ' (514ellsture of Authavisod Representative) a . SMUS12LL.1 Tit1s CERTIFICATION OF ARCHITECT OR ENGINEER I certify Chu 1 have checked and verified the above and foregoing Periodic Es imste for Partial Payment; that to the best of my knowled and belief it is a true and correct statement of work performed and/or material supplied b, the contractor; that at l work $ for material 1- -iuded in this Periodic Estimate has been inspected by me and/or by my duty authorized representative of assistants and thst it has been performed and/or supplied in full accordance with requirement$$ of Cho reference contract; and that partial p�ymont a mod d requested by the contractor is correctly computed on the basis of work performed and/or mote. flsl supplied to jag , Sijned Wm. J 4Qre2 o>ti�r^Abl9rdciates Date n PRE•PAYMEN CERTIFICATION BY FIELD ENGINEER Check rype of payment cerelf/edr [•'' I have chocked thin uotimato aitainat the contractor's Schedule of Amatnta for Contract Poymente, the notes and reports of my inspscriuns of the product, and the periodic reports submittvJ by the archirect/unpinvur. It is my opinion that the statement oP work per(ormtcd anJ 'iu materials sup{+pplied is accurate. that the contraetor it ubatrrvsng the requirements of the contract, and that the contractor should by paiJ the amount requested above. Q 1 certify that all work and •or material* under the contract has been inspvcted by me and that it has. been performed and/ur sup. plied in full aC J v with Chu requirements of the contract. • J• NelsoesidalUmates (Date) Approved fconstsessr4 officer) (Date) t CITY OF KENAI „Oil Oap4W aj 4"„ 210 FIDALOO KENAI, ALASKA M11 TELEPHONE 283 . M3 CITY OF KENAI i BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMISSIONS AND COMMITTEES NAME David B. Brown Resident of City of Kenai? Yes How long? 2 Years - U Years on Peninsula Home Address 118 Wooded Glynn Court Tel. 283-5073 Bus. Address P.O. Box 3691 - Kenai, AK Tel 776-8191 I Name of Spouse N/A ' Presently employed by Tesoro Alaska Petroleum Company Job Title Senior Mechanical Engineer Current Membership in organizations: American Petroleum Institute Past Organizational membership: Committees interested in: Planning & Zoning " loffgnature I t ` , ti I s- f t r i n r F September 24, 1985 t Rogers :y Attorney :y of Kenai tai, AK 99611 it Tim, As per our telephone conversation of September 24, 1985, I am ping the following inquiries in written form. All questions pertain to Lots 1 8 1A of Alyeska Subdivision Part 3. The problem, as I see it defined, is that we would like to replatt i existing two lots into three lots as indicated on the enclosed iessors map. The question is: What will be required of the lease holders to :omplish this and how do we proceed with the initial action? Sincerely, ' R. L. (Bob) Nath Associate Broker ERAS PROPERTY WORLD, INC. 11127 Kenai Spur Hwy. Kenai, Alaska 99611 Each office independently owned and operated. I• , I 07 Por, N 1/2 Sec. 5, T 5 N, R 1 I W, S. B. d M. As #4 tot • .r ? 0 >c �I , (* 9440 i OO 1.YESKA SUB. PART 3 'y�� �/ �O 1 or l (,V• rl,r) .� a • to A (N !O•l9� ` �� by�t�ters�o j M x L u ;I Et � I it I k ! OOQ Of J0" o� a 043-38 Aral r••r..' / AoeeoAor's Mop ! Kenal Peninsula 8or9•A-,A, Alooko NO. , Aue• er's Abet Nral,r• AM•• to Ellipses �r A.u,•M i Ier,.l N.i•,,rs, Aoo•. 111 C1r4189 1 r I A � ■t W+LLUM O. ARTU6 W ILLIAM L•C 40OVETTC September 23, 1985 LAW OFFICE-3 Of ARMS 8 CHOQl MT, P. C. ATTORNEYS AND COUNSELLORS AT LAW 629 L STREET, SUITE 201 ANCHORAGE, ALASKA 99501 �P�V' e2l TELEPHONE I A7�•4AJa6 AREA 907 Tim Rogers, Esq. iR III SOPas Attorney for the City of Kenai tfoq, � :;�• P.O. Box 580 �t¢1OP Q Kenai, Ak 99611 \��3 � Res Pressor Construction Company, Inc. v. City of Kenai Case No. 3AN-85-10390 Civil Dear Mr. Rogers: Although I have yet to see the Court's Order, I presume my qualified non -opposition to your Motion to Dismiss will result in the dismissal in the above -referenced action in the Anchorage District Court and a need for my client to refile in the District Court in Kenai. I am enclosing herewith a copy of my February 6, 1985 letter to Mr. William J. Brighton with respect to the issues that are contained in this suit. Based on my understanding of the facts, the enclosed letter accurately reflects the issue between Prossor Construction Company, Inc. and the City of Kenai, at least from our point of view. I have never received an answer to my February 6, 1985 letter. Multiple inquiries from Prossor Construction Company, Inc. to the City of Kenai dating back to last year have simply not been responded to. In your Motion to Dismiss, there are suggestions that the City of Kenai may view the issue of delayed damages differ- ently than the project engineer stated t;am to be in his July 11, 1984 letter. There are also indications that the City of Kenai may bring Mr. Nelson into this action as a third -party defendant. Of course, the City of Kenai has already acted to accept Mr. Nelson's position and withheld $12,000.00 pursuant thereto. The extension was granted and relied upon by both parties. Under the terms of the con- tract, Prossor Construction Company, Inc. mav, in fact, be subject to having liquidated damages withheld from .Tune 15, 1984 (the date the extension expired) to June 26, 1984 (completion). If the Cite of Kenai believes Mr. Nelson made a mistake in granting the extension, that is an issue a Tim Roqers, Esq. September 23, 1985 Page 2 between Kenai and its enqineer. From the point of view of the contractor, the extension was granted and the parties are bound by that situation. Absent circumstances which legally require any additional extension under the terms of the contract documents, the contractor is therefor liable to the City of Kenai for liquidated damages in the contrac- turally stated amount of $300.00 per day from June 15, 1984 to June 26, 1984, the date of substantial completion. In the interests of compromising and avoiding costly and expensive litigation, Prossor Construction. Company, Inc. has been willing to accept an assessment of the eleven days from June 15 to June 26 and the seven days from October 13 to October 20 at the rate of $300.00 per day. On several occasions, including my letter to Mr. Brighton, Pressor Construction Company, Inc. has requested that this matter be resolved by the retention of liquidated damages for a total of eighteen days and payment of the balance. We have not been able to get a response to that offer. _$ I Prossor Construction Company, Inc. has now incurred litiga- tion expenses and will have to refile its suit in District Court in Kenai and thereafter be party to protracted litigation involving a third -party defendant. I am sure the City of Kenai has the same interest as Prossor Construction Company, Inc. in avoiding expensive litiga- tion. There must he some facts or legal theory which the City of Kenai is relying upon in not agreeing to pay the $6,600.00 to Prossor Construction Company, Inc. We are still speculating as to why the City of Kenai believes it is appropriate to have commenced liquidated damages the date work was resumed on May 25, 2984. It is easy, of course, to see how the City of Kenai made the determination (- to retain $12,000.00. But we cannot understand upon what basis the City of Kenai believes it should use the date ';;-• work was resumed (May 25, 1994) as the date for resuming liquidated damages against Prossor construction Company, Inc. Paragraph C, Contract Time and Liquidated Damaqes, specifically spells out that extensions allowed are added to the contract time and not subjected to the liquidated damaged spelled out in the contract. In the interest of avoiding the expense of litigation which - -, may include issues between the City of Kenai and its project engineer, Prossor Construction Companv, Inc. has authorized me to agree to accept the sum of $6,000.00 in Ii Vl J or Ti 'I Tim Rogers, Esq. September 23, 1985 E i v Page 3 A full settlement. This is a further reduction of the offer ; contained in our February 6, 1985 letter and it is being made after additional legal expenses have been incurred. ; This is an offer of compromise only and not to be construed j as an admission in the event that the issue is forced to � trial: The offer will remain open until October 11, 1985. I Whether or not the offer is acceptable to the City of I i--- Kenai, I request that you provide me a simple statement of the position of the City of Kenai with respect to the claim by Prossor Construction Company, Inc. that the calculation I of liquidated damages should be from June 15, 1984 to June 26, 1984 and not from May 25, 1984 to June 26, 1984. • J I 1 Ver•-- truly yours, � �I -- ARQUS 6 CHOQUETTE, P.C. I William L. Choquette WLCsld r Enclosure i ' cc: Prossor Construction Company, Inc. I a� 1 ' 1 I f 7, ti�1i 't =r ' n t' CITY OF KENAI 110d C2apdai aj 4"Plf 210 FIDALOO KENAI, ALABKA 00611 TELEPHONE 283. 7635 September 20, 1985 No. Mary Thurmon 4111 Aviation Drive P-0. Box 196900 Anchorage, Alaska 99519-6900 Subjects "Welcome to Kenai" Sign Res Project No. F-021-2(12) Soldotne to Kenai Encroachment Dear Me. Thurmons I am writing you pursuant to your letter dated September 12, 1985 and our telephone conversation of September 19, 1985. During our telephone coversation you informed me the sign mentioned in your September 19, 1985 letter was the City's "Welcome to Kenai" sign. While the City of Kenai did not get a permit for this sign, we were told by the Soldotna DOT/PF maintenance that since it was a municipal sign and not advertising, it would not be a problem and they would not have it removed. The sign was installed in August 1984 by City of Kenai crews. The City of Kenai requests a permit or air space agreement for the sign. The sign was installed along the Kenai Spur Highway at • the southeast end of the City of Kenai limits in Section 8 of > Township 5N and Range 10W. The sign was made by G.F. Sherman i Signs. A copy of their work order is enclosed which shows that i the sign is a 4' x 8' sandcarved redwood sign with treated posts. You explained to me during our telephone conversation that the ' sign was 57 feet from the centerline and that the Spur Highway has a 200 ft. right-of-way. For your convenience, I am enclosing two pictures of the sign. J V• y i r - 4 f 1 The City of Kenai would greatly appreciate the granting of the necessary permit and/or air space agremeent which would allow the sign to remain at this location. If you have any questions or require further information, please do not hesitate to contact this office. Sincerely, CITY OF KENAI 9�� eo-�' Keith Kornelie Public Works Director KK/clf Enclosures cus Wm. J. Brighton, City Manager � I ° I I r 1 V I I i i ' { 2 1 y �1 • 1 M ,�09S/ S 7741V - AUTHORIZED AND APPROVED I � - - �• NN 0 BILL SHEFFIELD, GOVERNOR ,., 4111 Aviation Drive ". '•' D PARTM OF TRANSPORTATION AND PUBLIC FACILITIES P . O. Sox 196900 r• °� Anchorage, Alauka 99519-6900 CEtI"WJiION (VISION OF DESIGN AND CONSTRUCTION c (Telex 25-18.,) (907) 266-1621 �• s t RIGHT OF WAY BRANCH C1ty ct t�'s� L.' September 12, 1985 "cam Yttb11s;1tiasks L°•� Lu Res Project No. F-021-2(12) Soldotne to Kenai l'ltJa�P�e�r�e,f8' Encroachment i CERTIFIED MAIL NO. P540513351 Notice to Remove 4oage� RETURN RECEIPT REQUESTED City of Kenai 210 Fidalgo Kenai, Alaska 99611 Gentlemens It has been determined that you have a sign which encroaches upon the highway right of way. The right of way in the area extends from the centerline of the road 100 feet to the side. Removal of the encroachments from the highway right of way must be on or before October 14, 1985. Moreover, you are hereby informed that any other encroachment placed upon the highway right of way will be impounded without any further notice. You will also be billed for all expenses incurred in the course of removal and storage of the encroachment. This letter is sent according to the provisions of Sections 19.25.220 through 19.25.250 of the Alaska Statutes, which became effective May 13, 1971. Failure on the part of the State of Alaska to strictly enforce this law may jeopardize the entire Federal -Aid Highway Program in the State of Alaska. A copy of the above referenced Alaska Statutes will be furnished upon your request, or you may pick up a copy at our address shown above. We will greatly appreciate your cooperation in this matter. If you have any questions or comments concerning this letter, please contact our agent, Mary Thurman at 266-1631. ncerely, i JAMES SANDBERG- MTsbjs Chief Right of Way Agent / Iry C� o 07-- -16