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HomeMy WebLinkAbout1985-06-05 Council Packet: ff, COUNCIL PACKETS DUNE Kenai City Council Meeting Packet June 5, 1985 -4 14 .,,� 00 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 5, 1985 - 7s00 PM 600 PM - Work Geaalon PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (•) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (Time Limit - 10 minutes per person) 1. Kevin Tebler, Union Oil - Drilling Permit Extention, Wells 01 & 03 2. Representative, Far North Oil & Gas - Oil & Gas Permitting Fees C. PUBLIC HEARINGS 1. Ord. 1023-85 - Increasing Rev/Appns - S. Highbush, Bumblebee, E. Alisk, Swires, Highbush - $232,000 a. Substitute Ord, 1023-85 2. Ord. 1037-85 - Amending Kenai Municipal Code - LO Landscaping Regulations ---a. Substitute Ord. 1037-85 3. Ord. 1038-85 - Amending Kenai Municipal Code - Shift Differential Pay a. Substitute Ord. 1038-85 4. Ord. 1039-85 - Amending Kenai Municipal Code - Supplemental Retirement Program S. Ord. 1043-85 - Replacing Tables in Personnel Regulations - Salary Structure & Hourly Rates 6. Ord. 1046-85 - Amending Kenai Municipal Code - Change Pay Range, Communications Supervisor 7. Ord. 1047-85 - Amending Kenai Municipal Code - Uniform Allowance, Fire Dept. S. Ord. 1048-85 - Adopting Budget, 1985-86 9. Ord. 1049-85 - Transfer Appropriations, Revenc3 and Account Balance in Allsk/McCollum Project to Special Assessment Fund 10. Ord. 1050-85 - Increasing Rev/Appns - Senior Citizen State Grant - $69 11. Res. 85-51 - Award Contract, Sprueewood Glen S/D LID - ng -12. Res. 85-sti 52Establishing Terminal Lease Rates & Fee Schedule 13. Res. 85-53 - Supporting Americanization of Alaska's Fishery 14. Res. 85-54 - Transfer of Funds - Parks Dept. Employees - $4,000 15. Res. 85-55 - Fixing Rate of Property Tax for FY 85-86 16. Res. 85-56 - Establishing Signatures for Deposit or Withdrawal of Municipal Funds --�.17. Res. 85-57 - Rejecting all bids - Golf Course Lease & Concession Agreement C �1 18. Res. 85-58 - Awarding Project - Highbuch,Aliak,Swires- - Construction 19. Res. 85-59 Exchange of Property - Oragseth, City of Kenai (Sals-staf) o. MlNures R , I 1 1. •Regular Meeting, May 14, 1985 E. CORRESPONDENCE 1. Channel 17 TV - Promotion of Rec Center 2. •Governor's Advisory Council on Libraries - Appreciation 3. •Alaska Dept. of Corrections, Roger Endell - Funding Additional Staff at Wildwood 4. *Sen. DeVries - HB 226 - School Board Members, SB 244 - Municipal Assistance, HB 72 - Title 29, SB 306 - Taxicabs 5. •Central Peninsula Mental Health Center - Thanks for Donation F. OLD BUSINESS 1. Doyle's Fuel Service - Extension of Lease, Gusty S/D G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 rnt .o,:e•.-1r3. /cord. 1052-85 - Sign Code a. Substitute Ord. 1052-85 kirr,.. or 1. -.4. •Ord. 1053-85 - Finding City -Owned Lands not Needed for Public Purpose - Near Beaver Loop 'Ord. 1054-85 - Taxicabs 6. •Ord. 1056-85 - Amending Kenai Municipal Code - Airport Transient Parking 7. •Ord. 1057-85 - Finding City -Owned Lands not Needed for Public Purpose - Kenai Original Townsite S. Discussion - Chamber of Commerce Resolution - Local Bidders Preference 9.. Discussion - City Hall Flag Pole H. REPORTS 1. City Manager 2. City Attorney 3. Mayor City Clerk 7P45. Finance Director 6. Planning h Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - 5 minutes per person) ADJOURNMENT ,,,_.a,ci -ram n c\ TING OF E: i` ySAI ;_ r' June 5, 1985 INFORMATION ITEMS 1 - Beautification Committee Minutes, 5-7-85 2 - Beautification Committee Minutes, 5-28-85 3 - Public Vehicles Commission Minutes, 5-2-85 4 - Lihrary Report, April 1985 5 - Committee Application - C. Brown 6 - KPB Agenda, 5-21-85 7 - Notice of Invitation for bids - State DOT - Spur Rd. at Kenai R. Crossing Project 8 - Transfer of Funds Under $1,000, May 9 - Hutchings Chev - Request for Extension - Baron Pk S/0 10 - KPB Agenda - 6-4-85 11 - FAA - Pitts Proposal, FBO S/D; Airport Master Plan Update 12 - Billing - OcesnTech - Cook Inlet View Dr. & Lilac - $667.00 13 - Billing - OceanTech - S. Spruce - $667.00 14 - Billing - OceanTech-Juluissen, Basin View, Ames, Barabara- $19,474.00 15 - Billing - OceanTech - Marathon Rd. Relocation - $2,000.00 16 - Billing - OceanTech - Robin, Kenaitze, Eagle Rock, Sandpiper, Tern, S. Strawberry - $119485.00 17 - Billing - Nelson & Assoc. - Main St. Loop, Lake, Marine, Granite Point, FSO Inspection - $7,195.25 18 - Billing - Nelson & Assoc. - E. Aliak, N. Highbush, Swires, S. Highbush, Bumblebee - $2,925.00 19 - Public Vehicle Commission Minutes - 5-17-85 20 - Billing - McLane & Assoc. - Aliak, McCollum, Cinderella, Fox, Princess, Linwood Ext. - $12,371.34 21 - KPB Minutes - 4-16-85 22 - Municipal League Legislative Bulletin - May 10, 1985 23 - Memo - Atty. Rogers - Airport Terminal Leasing jw 1 � I , Union Oil and Gas Division: Western Region to / ,UJ4 �c77z�3��a Union Oil Company of California P.O. Box 6247, Anchorage, Alaska 99502 Telephone: (907) 276-7600 MArms VtCITY �l Cli'Y QF K�� '� .moo`, , un1,�n setsS�EZ�. Robert T. Anderson May 20, 1985 optdot U" Mmosr City of Kenai Attn: Wm. J. Brighton 210 Fidalgo Kenai, AK 99611 CANNERY LOOP UNIT State of Alaska uriiiing vermit Extension Cannery Loop Unit #1 8 #3 Dear Bill: We are in receipt of your letter of May 15, 1985 requesting additional docu— mentation in support for extension of the above referenced drilling permits. - _ In support of this drilling permit extension request, I will be in attendance at the June 5, 1985 City Council Meeting to answer any questions which are not addressed by the contents of this letter. At present, notification of Cannery Loop Unit Expansion has been circulated among the Working Interest Owners (W.I.O.) for approval. Upon approval, an application for expansion will be filed with the Division of Oil and Gas (D.O.G.) and Minerals Management Service (M.M.S) asking for an effective date of June 1, 1985. In addition to Unit Expansion, Participating Area (P.A.) ' establishmentapproval letters have been circulated among the W.I.O.t s for their approval. Upon their approval, P.A. establishment applications will be '6 filed with the D.O.G. and M.M.S. asking for effective dates of July 1, 1985. The above procedures set in motion the necessary steps required to enable Unit Production to begin by the first of the year. In conjunction with this time frame scenario, both wells (Cannery Loop Unit #1 do #3) will be reentered this year to y prepare said wells for sustained Unit Production. i ra T. . 1 Mr. Wm. J. Brighton 2 ,) Drilling Permit Extension CLU 1 & 3 May 200 1985 It is imperative that the requested extension of drilling permits for CLU #1 & #3 be approved in order to allow for timely development of the field and roy- alty allocation dispersements. Should you have any questions in the meantime, don't hesitate to contact the undersigned at 276-7600. Very truly yours, Kevin A. Tabler Landman 1 • i yJ +r, 1 • 1 Suggested bv: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 1037-85 r' AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI. ALASKA. ESTABLISHING KENAI MUNICIPAL CODE CHAPTER 14.25 ENTITLED LANDSCAPING REGULATIONS. -- WHEREAS. there is currently no requirements for the retention of vegetation = or landscaping of commercial properties in the City of Kenai, and WHEREAS. such vegetation or landscaping serves to visually enhance the -- City's appearance, maintain or increase property values, and reduce erosion and storm runoff. and ^. WHEREAS, the Kenai Advisory Planning A Zoning Commission has pursued the development of certain landscaping regulations which meet this stated purpose, and WHEREAS, the Commission, upon numerous meeting discussions. worksessions, and public hearings conducted on March 13th. 27th, and April 10, 1985 has recommended the adoption of the proposed landscaping regulations, and w• �- WHEREAS, the Council finds that enactment of these landscaping regulations will result in the enhancement of the City's commercial area without adversely impacting business growth and development. !r NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code Chapter 14.25 entitled Landscaping Regulations is ! hereby enacted as follows: Chapter 14.25 LANDSCAPING REGULATIONS ' f 14.25.010 Intent: '} It is the intent of this section to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial development within the City of Kenai. The general purpose of landscaping is to visually enhance the city's appearance, maintain or increase property I values, and reduce erosion and storm runoff. I U f.. tt. '1 • I 1 1 r 1 14.25.020 Application: This section shall apply to all commercial development within the City of Kenai. "Commercial development" shall be defined as any improvements requiring a building permit for new construction located on properties within the Central Commercial (CC) and General Commercial (CG) zoning districts. 14.25.030 Landscaping Plan - Submittal Requirements: Three (3) copies of the landscaping plan shall be submitted to the Building Official in conjunction with a request for building permit in compliance with this section. The landscaping plan shall be prepared at a minimum scale of 1" n 201: and shall include the following information: (a) Common and scientific name of the planting materials to be used in the project (b) Typical planting details (c) Location of all planting areas and relationship to buildings. parking areas, and driveways (d) Identification and location of existing vegetation to be retained (e) Identification and location of non -living landscaping materials to be used (f) identification of on -site snow storage areas (g) Drainage patterns 14.25.040 Landscaping Plan - Performance Criteria: (a) Objectives An effective landscaping plan should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter. interior. and parking lot landscaping should be included as components of the overall landscaping plan. (b) Perimeter Landscaping Perimeter landscaping involves the land areas adjacent to lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent land uses. Buffer landscaping is desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles. FM_9 V-7 (c) Interior Landscaping Interior landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings. to identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. (d) Parking Lot Landscaping Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. J r r . 14.25.050 _Landscaping Review Boards (a) Membership, Qualifications, Terms, and Rules The Landscaping Review Board shall consist of not less than seven members who are residents of the City and who shall serve without pay. Members shall be appointed by the Mayor and confirmed by the Council. Members shall be appointed for a term of three years. ; excepting the initial members who shall be appointed for a one, two. or three year term. The Board shall elect a chairman, vice-chairman, and clerk. A majority of the membership shall constitute a quorum for the purpose of transacting business. Action by the Board shall be by majority vote. (b) Meetings and Proceedings The Board shall meet to review and take action on a landscaping plan within fourteen (14) days of satisfactory submittal to the Building Official. The Building Official shall be authorized to 1 issue a building permit only upon approval of the associated j landscaping plan by the Board. Any appeal of the action of the I Board shall be submitted in writing to the Kenai City Council. { 14.25.060 Security Agreement All required landscaping as presented in the approved landscaping plan �l shall be installed prior to the issuance of the Certificate of Occupancy by the Building Official. The Building Official shall"make the final 14.25.050 - 14.25.070 inspection to verify the completion of the required landscaping. In the event that the landscaping has not been completed upon request for the Certificate of Occupancy, the developer shall submit a cash escrow or post a performance bond with the City of Kenai as a prerequisite to obtain said certificate. The required escrow or bond shall be submitted in an amount equal to two percent (2%) of the building permit value. The developer shall complete the required landscaping within nine (9) months of issuance of the Certificate of Occupancy. 14.25.070 Definition - Landscaping: "Landscaping" means the treatment of the ground surface with live planting materials. including but not limited to. trees. shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood r, l chips, stone. or decorative rock may also be utilized. A list of recommended landscaping materials shall be provided by the City of Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI. ALASKA. this 5th day of June, 1985 ATTEST: Janet Whelan. City Clerk TOM WAGONER. MAYOR First Reading: April 17. 1985 Second Reading: June 5,1985 Effective Date: July 5, 1985 4 SUBSTITUTE C Suggested by: Attorney CITY OF KENAI ORDINANCE NO. 1037-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING KENAI MUNICIPAL CODE CHAPTER 14.25 ENTITLED LANDSCAPING REGULATIONS. WHEREAS, there are currently no requirements for the retention of vegetation or landscaping of commercial properties in the City of Kenai, and WHEREAS, such vegetation or landscaping serves to visually enhance the City's appearance, maintain or increase property values, and reduce erosion and storm runoff, and WHEREAS, the Kenai Advisory Planning do Zoning Commission has pursued the development of certain landscaping regulations which meet this stated purpose, and WHEREAS, the Commission, upon numerous meeting discussions, worksessions, and public hearings conducted on March 13th, 27th, and April 10, 1985 has recommended the adoption of the proposed landscaping regulations, and WHEREAS, the Council finds that enactment of these landscaping regulations will result in the enhancement of the City's commercial area without adversely impacting business growth and development. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code Chapter 14.25 entitled Landscaping Regulations is hereby enacted as follows: Chaoter 14.25 LANDSCAPING REGULATIONS 14.25.010 Intents It is the intent of this section to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial development within the City of Kenai. The general purpose of landscaping is to visually enhance the city's appearance, maintain or increase property values, and reduce erosion and storm runoff. J 14.25.020 Applications This section shall apply to all commercial development within the City of Kenai. "Commercial development" shall be defined as any improvements requiring a building permit for new construction located on properties within the Central Commercial (CC) and General Commercial (CG) zoning districts. 14.25.030 Landscaping Plan - Submittal Requirements: Three (3) copies of the landscaping plan shall be submitted to the Building Official in conjunction with a request for building permit in compliance with this section. The landscaping plan shall be prepared at a minimum scale of 1" = 201; and shall include the following informations (a) Common and scientific name of the planting materials to be used in the project (b) Typical planting details , (c) Location of all planting areas and relationship to buildings, parking areas, and driveways (d) Identification and location of existing vegetation to , be retained (e) Identification and location of non -living landscaping materials to be used (f) Identification of on -site snow storage areas , (g) Drainage patterns 14.25.040 Landscaping Plan - Performance Criterias (a) Objectives An effective landscaping plan should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior, and parking lot landscaping (MAY] should be included as components of the overall landscaping plan. (b) Perimeter Landscaping Perimeter landscaping involves the land areas adjacent to lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent land uses. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation hetwa­i pedestrians and vehicles. (c) Interior Landscaping Interior landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to Identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. (d) Parking Lot Landscaping Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. J (a) Maximum Required Landscaping The Landscapinn Review Board shall not require more 14.25.050 Landscaping^ Review Boards (a) Membership, Qualifications, Terms, and Rules The Lon4sceping Review Board shall consist of not less than "M.qp members who shall serve without pay. Members shall be appointed by the Mayor and confirmed by the Council. Members shall be appointed for a term of three years, excepting the initial members who shall be appointed for a one, two, or three year term. The Board shall elect a chairman, vice-chairman, and clerk. A majority of the membership shall constitute a quorum for the purpose of transacting business. (b) Meetings and Proceedings The Board shall meet to review and take action on a landscaping plan within fourteen (14) days of satisfactory submittal to the Building Official. The J Building Official shall [BE AUTHORIZED TO] issue a building permit upon approval of the associated landscaping plan by the Board or the expiration of 14 days without official Board action. Any appeal of the action of the Board shall be submitted in writing to the Kenai City Council. 14.25.060 Security Agreement All required landscaping as presented in the approved landscaping plan shall be installed prior to the issuance of the Certificate of Occupancy by the Buildinq Official. The Building Official shall make the final inspection to verify the completion of the required landscaping. In the event that the landscaping has not been completed upon request for the Certificate of Occupancy, the Building Official may entertain application for a one-time term orar nine 9 month Certificate of Occupancy which shall be subject to approval by the City Council. HE DEVELOPER SH LL SUBMIT A CASH ESCROW OR POST A PERFORMANCE BOND WITH THE CITY OF KENAI AS A PREREQUISITE TO OBTAIN SAID CERTIFICATE. THE REQUIRED ESCROW OR BOND SHALL BE SUBMITTED IN AN AMOUNT EQUAL TO TWO PERCENT (2:) OF THE BUILDING PERMIT VALUE. THE DEVELOPER SHALL COMPLETE THE REQUIRED LANDSCAPING WITHIN NINE (9) MONTHS OF ISSUANCE OF THE CONDITIONAL CERTIFICATE OF OCCUPANCY.] [IF LANDSCAPING IS NOT COMPLETED WITHIN THE NINE (9) MONTH PERIOD, THE CONDITIONAL CERTIFICATE OF OCCUPANCY SHALL BE REVOKED.] 14.25.070 Definition - Landecapincls "Landscaping" means the treatment of the ground surface with live planting materials, including but not limited to, trees, shrubs, grass, ground cover or other growing horticultural material. Other materials such as wood chips, stone, or decorative rock may also be utilized. A list of recommended landscaping materials shall be provided by the City of Kenai. PASS D BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of� 1985. �NA ow - TOM WAGONER, MAYOR y' ATTEST s 1 � anet Whelan, City Clerk . t 1 F � k I j q-17 First Readings May--4-, 1985 Second Readings + 1965 Effective Dates 4-4498-5- z_ 5" • o � i 5 f 'I i i rt 1' 1 1 `T� CITY OF KENAI Oil a 4" 210 FIOALGO KENAI, ALASKA OW11 TEWHONE 913 - o May 30, 1985 TOs W . J. Brighton, City Manager FROt4s oward Hackney, Building Inspector REs Proposed Landscape Ordinance The "Security Agreement" of this proposed ordinance now states that if the landscaping has not been done when the building is completed, the Building Official may entertain application for a temporary certificate of occupancy which shall be subject to seproval by the City Council. The City may have a rea y held up e Job for up to 14 3-a—ys aT the beginning, now it could be another two or even three weeks delay, depending upon the month. Since the criteria is now set up for the issuance of a temporary certificate of occupancy, it would seem that the Building Official could be empowered to issue such certificate, especially since he is the one who has made the inspection to determine if the landscaping is completed. HH/jet I I I I I i' e. Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1038-85 AN ORDINANCE OF THE COUNCIL OF THE, CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 23 BY ADDING A PROVISION FOR SHIFT DIFFERENTIAL PAY FOR CERTAIN CITY EMPLOYEES. WHEREAS, the City believes that employees who work shifts significantly different from the normal 8s00 a.m. to 5sOO p.m. shift should receive additional compensation duo to inconvenience and disruption of their personal aetivitica, and s WHEREAS, the City believes that employees who work 24-hour shifts should not be eligible for such pay because it is relatively unimportant at what hour a 24-hour shift starts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENA19 ALASKA, that the City of Kenai Code of Ordinances is hereby amended by adding a new section to be numbered 23,25,065 which shall read as followos i 23.25.065 Shift Differential Pays (a) Employees who are scheduled to work certain sh1fts explained below may be entitled to additional compensation. To be eligible, the scheduled shift must be for a period of less than 24 hours. In addition, the employee must be scheduled to work at least 75: of the hours in a monthly pay period in one or any combination of the shifts identified below. (b) Eligible shifts and rates aces 1. Shift begins after 2sOO p.m. and before 6sOO p.m. -- 2%. k 2. Shift begins on or after 600 p.m. and before 3%00 a a.m. -- 4x. it (c) The above rates will be computed against Stop A of the ?!' pay range of the employee. If determined to be eligible, T: the employee will receive the computed dollar amount for the whole month. If ineligible, no shift differential pay will be allowed for that month. If the employee in eligible based upon a schedule of a combination of shifts, he will be --'' paid at the rate corresponding to the majority of time worked. Shift pay is not to be considered in computing any -- other compensation, such as overtime, annual leave, or -- holiday pay. �I� 1 i • J 1 (d) Shift pay will be allowed only upon approval of the City Manager when such work schedule is necessary for the benefit of the City. ; PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 1985. TOM WAGONER, MAYOR ATTEST: at Whelan, City Clerk First Reading: May 1, 1985 Second Reading: June 5, 1985 Effective Date: July 5, 1985 Approved by Finances 2 • I SUBSTITUTE Suggested by: Administration r CITY OF KENAI ORDINANCE NO. 1038-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 23 BY ADDING A PROVISION FOR SHIFT DIFFERENTIAL PAY FOR CERTAIN CITY EMPLOYEES. WHEREAS, the City believes that employees who work shifts significantly different from the normal 8:00 a.m. to 5:00 p.m. shift should receive additional compensation due to inconvenience and disruption of their personal activities, and WHEREAS, the City believes that employees who work 24-hour shifts should not be eligible for such pay because it is relatively unimportant at what hour a 24-hour shift starts. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai Code of Ordinances is hereby amended by adding a new section to be numbered '23.25.065 which shall read as follows: 23.25.065 Shift Differential Pay: (a) Employees who are scheduled to work certain shifts explained below may be entitled to additional compensation. To be eligible, the scheduled shift must be for a period of less than 24 hours. In addition, the employee must be scheduled to work at least - 75% of the hours in a monthly pay period in one or any r. combination of the shifts identified below. (b) Eligible shifts and rates are: 1. Shift begins after 2:00 p.m. and before 6:00 p.m. i -- 2%. 2. Shift begins on or after 6:00 p.m. and before 3:00 fa.m. -- 4%. (c) The above rates will be computed against Step A of the pay range of the employee. If determined to be eligible, the employee will receive the computed dollar amount for the whole month. If ineligible, no shift differential pay will be allowed for that month. If the employee is eligible based upon a schedule of a combination of shifts, he will be - - , paid at the rate corresponding to the majority of time worked. Shift pay is not to be considered in computing any — other compensation, such as overtime, annual leave, or holiday pay. 2 P 0 i (d) If all employees of the same class in a given Department rotate at the same time to a substantially different shift bA sis, the provisions of this section shall not apply. (e) Shift pay will be allowed only upon approval of the City Manager when such work schedule is necessary for the benefit of the City. BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day f June, 1985. TOM WAGONER, MAYOR ATTEST: i i Janet Whelan, City Clerk First Reading: May 1, 1985 Second Reading: June 5, 1985 Effective Date: July 5, 1985 Approved by-:::,ance: 2 r� T: 4 —y Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1039-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 23.40.095 BY INCREASING THE CITY'S PARTICIPATION IN A SUPPLEMENTAL RETIREMENT PROGRAM. WHEREAS, the Council desires to increase the Supplemental Retirement benefit for City employees by increasing the percentage of City contribution from two percent (20) of base salary to four percent (4%) of base salary; and . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT: Section 1: .' Kenai Municipal Code 23.40.095 be amended as follows: 23.40.095 Supplemental Retirement: All permanent employees 21 years of age or older with six months of service regularly scheduled to work 15 hours or more per week shall be eligible to participate in a supplemental retirement program to be selected by the City Manager. The City's contribution on behalf of each eligible employee shall be [TWO] four percent [(2%)] of the first $37,500 of base wages earned in a calendar year. The contribution shall not apply to additional compensation to employees, such as overtime pay, holiday pay, and qualification pay. Section 2: This Ordinance shall be effective July 1, 1985. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 1985. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: May 14, 1985 Second Reading: June 5, 1985 Effective Date; July 5, 1985 Approved by Finance: cartj �y Suggeated bys Administration CITY OF KENAI ORDINANCE NO. 1043-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPLACING THE TABLES REFERRED TO IN THE PERSONNEL REGULATIONS (TITLE 23) 10 ESTABLISH A NEW SALA1Y STRUCTURE BY GRADE AND NEW HOURLY RATES FOR PART-TIME EMPLOYEES. WHEREAS, the Personnel Ordinance, KMC 23.55.020(a) and 23.55.05n, specifies that the tables establishing salary structure by grade and hourly rates for part-time employees may be replaced by ordinance, and WHEREAS, due to inflation occurring over the last year, it appears equitable that the salary structure by Grade for 1965-86 should be increased by 4.5%, and that the hourly rates for part-time employees for 1985-86 should be increased by 4.5%. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1s That the attached tables identified se "Fiscal Year 1985-86 Salary Structure by Grade" and "Fiscal Year 1985-86 Part -Time Salary Table" replace those corresponding tables that presently appear in the Personnel Ordinance which establish salary structure by grade and hourly rates for part-time employees. Section 2s That this ordinance and tables attached hereto shallbe off July 19 1985. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 1985. M WAGUNER9 MAYOR ATTESTS Janet Whelan, City Clerk First Readings May 14, 1985 Second Readings June 5, 1985 Effective Dates July 5, 1985 Approved by Finances edig FISCAL, YEAR 1985-86 _ HAL.ARY STR1JMURE? BY GRAD I fib 22. 5a.020Y RANt36; A Es ,am.--.--C m -- D .�.. E ....,�.. F.�e.. AA so a �f.0 a=. '� R4�=-��I; t3;a►6�3�; 3'i'C?-�:.'�tf;-�`1�14=�s;*i ; �?7i?f -;: ! ;"Y6;s=-2;! � ;�,41� - -;s;•, "7�14i== -;�'�1 A14�-•. 7 239518 24, 106► 24, b94 259 28P 259870 26,450 27, 046► 279634 2Fl, O22 8 249702 25, 320 25g 930 2,60556 27,174 279 792 20,410 29,028 29,646 ' �''f"�'a".f�2'1�2�r`7`:�=5w`%� £�`�'J�d�%ta"2�1�#�i►"""'d�y�:ll�'1.�2�I;f�4�Jtf�#�J"�.3 � !-1=��. 10 27, 218 279998 28, 1578 2992513 2OP99,38 30, 6l f3 31, 298 311978 32, 659 It 20,876 299290 30,004 30,7i0 3i,432 32,146 329860 339874 34,208 ll'—'3",.r;'i!� , 19 319498 32, 285 33, 072 339859 349646 35, 43;'s 36, 220 37.007 37, 794 14 339093 331920 349747 359574 36,401 370228 3*9055 33,082 39,709 4; t-4i'►—'d2i'l�ft1— 98`�—"!`/,m: J6 l.3`,l"fl�t ,�b9-4* —4t-j ff- 16 369469 37481 38493 39,208 409117 41029 411941 429853 431765 i e".O 299 399256 40,213 419170 421127 439084 449041 449998 459955 421214 43,269 449324 45,379 469434 479489 40,544 499599 50,654 20 449345 439454 454 46, 563 4 7, 678 4.81781 499890 509999 529108 83, 22 409863 80408 519307 529529 83,781 54997.3 56,195 379417 58t&39 99 519314 52tS97 89,980 559163 56,446 57,729 59412 609295 61,578 II /17 _- i ' `�iLYRif�ry .ti. �.. ,rr Hi ,.•',rr Lnj/. w"a' ,.: ra.-.a . CITY OF 9ENAI FISCAL YEAR 1995-06 = PART-TIME SALARY TABLE Hourly Rato - Part-Timo EmPloy000 PT-1 4.93 - PT-2 5.26 P1-3 5.62 a PT-4 5.97 PT-5 6.29 PT-6 6.64 P1-7 6.98 PT-8 8.15 PT-9 9.24 r � w 1 I 1 , i J j Suggeatod bys Councilwoman Bailie CITY OF KENAI ORDINANCE NO. 1046-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 23.50.010 (c) TO CHANGE THE PAY RANGE OF THE COMMUNICATIONS SUPERVISOR. WHEREAS, KMC 23.25.030 states in part, "All modifications shall apply uniformly to all positions in the same class"; and WHEREAS, the duties of communications supervisor include supervision of six people; training of now personnel; supervision of records system of the police department; and responsibility for all reports. This compares to the responsibilities of a Range 11. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1s KMC 23.50.010 (c) is amended as followss (c) PUBLIC SAFETY 301 Assistant Fire Chief 18 302 Fire Fighter 13 303 Police Lieutenant 18 304 Police Sergeant 16 305 Police Officer 14 306 Dispatcher 8 307 Fire Engineer 15 311 Fire Captain 16 312 Fire Marshal 17 313 Communications Supervisor [101 11 Section Zs This Ordinance shall be effective Jul` 1, 1985. 1 r PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 1985. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clark First Reading: May 14, 1985 Second Reading: June 5, 1985 Effective Date: July 5, 1985 Approved by Finance: C. a. Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1047-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE 23.55.040(a) BY INCREASING THE UNIFORM ALLOWANCE IN THE FIRE DEPARTMENT. WHEREAS, the Fire Chief has asked that the uniform allowance for the Fire bepartment be increased from $350.00 per year to $400.00 per year; and WHEREAS, the Finance Department requests that the requirement of payment on the first of the month be deleted due to inability to make payment on July 1 (the first day of a fiscal year) because of closing of accounting records for the year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.55.040(a) be amended as follows: 23.55.040 Uniform Allowance: (a) The following annual allowances are established to defer the cost of uniform cleaning, maintenance, and replacement for second and succeeding years of service: Jail $300; Police $500; Fire [$350] $400; Animal Control $300; Dispatch $300. Payment shall be made based on pro rate service and paid in July [let] and January [let] installments. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 1985. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: May 14, 1985 Second Reading: June 5, 1985 Effective Date: July 5, 1985 Approved by Finance: J C. Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1048-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR COMMENCING JULY 1, 1985, AND ENDING JUNE 30, 1986. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed therefor. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section It That certain document entitled "City of Kenai 198546 Annual Budget" which is available for examination by the public in the Office of the City Clerk and is incorporated herein by reference, is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 1985, and ending June 30, 1986. Section 2: The following sums of money are hereby appropriated For the operations of the City of Kenai for the fiscal year commencing on the first day of July, 1985, and ending the 30th day of June, 1986, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereofs General Fund Operating Budget $6,260,037 Restricted Reserve -Capital Improvements 402,433 Airport Terminal Fund Water and Sewer Fund Airport Land System Fund Debt Service Funds 1 $6 , 662 , 470 $ 229,000 632,000 743,500 438,500 I I ' h- r' Ila - I rl PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 1985. TOM WAGONER, MAYOR i • ATTEST: Janet Whelan, City Clerk First Readings May 14, 1985 Second Reeding: June 5, 1985 i Effective Date: June 5, 1985 Approved by Finance: CgQ i J t I f• •a . i 1 ,i r q;. r , mil) j • CITY OF KENAI tod e4riw 4 4" P 0 210 FIDALOO KENAI, ALASKA 09011 TELEPHONE 283.TOM MEMO TO: Kenai City Council FROM: Charles A. Brown, Finance Director FAQ DATE: May 16, 1985 SUBJECT: 1985-86 Budget; Ordinance 11048-85 Based upon action taken at the May 14, 1985 Council ' Meeting, the following amendments may be made to the 1985-86 Annual Budget: 1) Reduce Legal Department salaries and benefits by $9,381 to reflect failure of Ordinance #1041-85 at introduction. I % I 2) increase Communications Department salaries and benefits by $1,831 to reflect adoption of Ordinance #1046-85. 1 i YJ C - Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1049-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING ALL APPROPRIATIONS, ESTIMATED REVENUES, AND ACCOUNT BALANCES IN THE ALIAK/MC COLLUM CAPITAL PROJECT FUND TO A SPECIAL ASSESSMENT FUND. WHEREAS, on December 15, 1982, the City established the Aliak/McCollum Capital Project Fund by Ordinance; and WHEREAS, at that time, the City Administration was not contemplating water and sewer construction, nor was it contemplating an assessment district relating to water and sewer - construction, and the Fund was therefore established as a Capital Project Fund; and WHEREAS, the recent formation of a water and sewer assessment district changes the preferred accounting treatment from that of a Capital Project Fund to a Special Assessment Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that all appropriations, estimated revenues, and account balances in the Aliak/McCollum Capital Project Fund be transferred to a corresponding Special Assessment Fund. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth ! day of June, 1985. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: May 14, 1985 Second Reading: June 5, 1985 Effective Date: Ju" 5, 1985 Approved by Finances - 1 } 1 C• -! 0 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1050-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1984-85 "COMMUNITY SERVICE PROGRAM" BY $69. WHEREAS, after the State of Alaska's grant award of $6,193 was accepted by the City of Kenai, the State requested the City to increase its matching in -kind support; and WHEREAS, as a result of the State's request, the City's required match should be increased by $69, which gives a total of $688 of in -kind support by the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Community Service Program (Senior Citizens) Increase Estimated Revenues: Accounting, In -Kind 69 Increase Appropriations: Professional Services (In -Kind) 69 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of June, 1985. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: May 14, 1985 Second Reading: June 5, 1985 Effective Date: June 5, 1985 Approved by Finance: C 4 i 1 1 1 J Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-51 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF SPRUCEWOOD GLEN SUBDIVISION LID-1985 IMPROVEMENTS TO-B.C. EXCAVATING FOR THE AMOUNT OF $1&7;s32.6 -WHICH INCLUDES THE BASIC BID. 2k`Oec�le- %f\to? WHEREAS, the following bids were to, on May 14, 1985 for the above -referenced project: CONTRACTOR BASIC BID B.C. Excavating $167,532.61 Zubeck, Inc. 168,073.00 Harley's Trucking 169,709.50 QsPality Asphalt Paving, Inc. 170,000.00 Kodiak Contractors, Inc. 173,732.00 Construction Unlimited, Inc. 185,771.00 Pingo Corporation 210,893.15 Engineer's Estimate 235,098.50 WHEREAS, the following is a description of the basic bid: Asphalt paving; excavation; leveling course; water and sewer lines; curb and gutters; and storm drainage. WHEREAS, the adjacent property owner has formed a Local Improvement District (LID) to fund this project; and WHEREAS, the recommendation from McLane h Associates, the project design engineer and the Public Works Department, is to award the contract to B.C. Excavating for the basic bid for the total cost of $167,532.61; and, HEREAS, B.C. Excavating's bid for the basic bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the contract for the construction of Sprucewood Glen Subdivision LID-1985 Improvements be awarded to 8,9 -Excavating in the amount of $ 32.61, which includes the basic bid. 1 i i i 11 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of June, 1985. C - TOM WAGONER, MAYOR ':. ATTEST: j Janet Whelan, City Clerk Approved by Finance: Written by Public Works: 2 i Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-52 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING TERMINAL LEASE RATES AND A FEE SCHEDULE FOR FISCAL YEAR 1985-86. WHEREAS, annually there is a review of the lease and fee rates for the Kenai Municipal Airport Terminal, and WHEREAS, the following rates and fees have been reviewed and found to be economically sound. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following minimum lease rates/fee schedule beginning July 1, 1985 is adopted: Lease Space - includes all counter - public service areas, office space y with custodial service, and work areas $1/sq. ft./Mo. Airline baggage Area use fee (Baggage build-up, claim, conveyor belt areas) 15% of space rental Commission -vehicles for hire and related operations 10% of gross Poster space $200/year Telephone with poster $250/year Other fees as negotiated and approved by Council. p Spaces that are leased on a bid basis shall be charged based upon successful bid and the above rates will not be applicable. �.1 j ,L I 1 w D L Suggested by: Mayor Wagoner CITY OF KENAI RESOLUTION NO. 85-53 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE AMERICANIZATION OF ALASKA'S FISHERY. WHEREAS, the fishery off Alaska's coast is greater than that of the rest of the United States combined, and this resource is tremendously important to the long range future of Alaska, and WHEREAS, Americanization of the fishery will benefit Alaskan coastal communities by providing jobs for fishermen, processing workers, and transporters on a continuing basis, and WHEREAS, there exists an excellent opportunity for American fishermen and processors to take advantage of the more than 4 billion pounds of fish currently being taken by foreign fishing interests within America's 200-mile zone, and WHEREAS, Americanization of the fishery will increase American participation in the fishing and processing industries, provide employment opportunities for Americans, stimulate economic growth and foster economic stability in Alaska's coastal communities, and generate tax revenue for Alaska's municipalities, the State of Alaska, other coastal states, and the United States Government, and WHEREAS, a planned phase -out is crucial to enable the American fishing and processing industry to provide for an orderly transfer of the fishery to domestic interests, and WHEREAS, establishing a time certain for phasing -out of foreign fishing interests will encourage the financial community to support capitalization of the American fishery. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that said Council supports the phasing out of all foreign fishing in American waters by 1988 and that sales of American -harvested fish to foreign floating processors be limited to current levels and replaced by American processors in 1990. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of June, 1985. ATTEST: Janet Whelan, City Clerk Tom Wagoner, Mayor J U0.1 , COALITION U N I T E D S E A F O O D A M E R 1 C A N I Z A T 1 O N April 25, 1985 q The Honorable Tom Wagoner, Mayor City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mayor Wagoner: The value of the fishery resources off Alaska's coast is tremendous. Foreign fishing interests are currently taking over four billion pounds of fish annually from within 200 miles of Alaska. That's 80% of the total seafood harvest in Alaskan waters. The USA Coalition has been organized to bring America one step closer to gaining control of fishery resources within the 200-mile FCZ. The USA Coalition is a group of seafood processors, commercial fishermen, sportf•ishermen, labor organizations, transport companies, and citizens from every walk of life. The Coalition's goal is to see the Magnuson Fisheries and Conservation Act amended to provide for a phase -out of all foreign fishing in American waters by 1988 and to limit sales of American -harvested fish to foreign floating processors to current levels until foreign processors are Leplaced by American processors in 1990. The City of Sand Point, the City of Kodiak, and the City and Borough of Sitka have already passed resolutions in support of a phase -out of foreign fishing interests, as has the Aleutian -Pribilof Island Association, a non-profit regional corporation. Measures supporting the Americanization of the fishery have been introduced this week in both houses of the Alaska State Legislature. Enclosed please find a list of the 'JSA Coalition Committee 175 S FRANKI IN ST #317 II INFAI I Al ASKA 99ROI (9071 W-3105 .. .._. nor..,..._: rn..ra..... ... .. �... .i . ..,..+... The Honorable Tom wagoner, Mayor April 25, 1985 page 2 members, a summary of the Coalition's position on the issue, and a sample municipal resolution. The members of the USA Coalition hope that you and members of your City Council will find an opportunity to discuss the issues presented here and pass a resolution supporting our efforts. If you pass a resolution Please mail us a copy. Call with any questions regarding the resolution. You may already have received a sample resolution. If you have already passed a resolution on this matter, please send a copy to the USA Coalition. The USA Coalition believes that the time has come for a large group of citizens to demand Americanization of the fishery. If we don't act now that resource may never benefit the people of Alaska's communities. we need your support, and the support of all Alaskans. iSincerely, (� ✓' Laura Fleming • I - I u US I ',� y Oi n . COALITION U N I T E D S E A F O O D A M E R I C A N I Z A T 1 O N USA COALITION POSITION SUMMARY * What is the USA Coalition? The USA Coalition is a group of seafood processors, commercial fishermen, sportfishermen, labor organizations, transport companies, and citizens from every walk of life. The Coalition was organized to bring America one step closer to gaining control of fishery resources within the 200-mile FC2. ' * What is the USA Coalition's goal? The Coalition's goal is to have the Magnuson Fisheries and Conservation Act amended to: 1) provide for a phase -out of all foreign fishing in American waters by 1988; and 2) limit sales of American -harvested fish to foreign floating processors to current levels until foreign processors are replaced by domestic processors in 1990. * How much fish is taken by foreign fishing interests? Foreign fishing interests are currently taking more than four billion pounds of fish annually from within 200 miles of Alaska. That's 80% of the total seafood harvest in Alabkan waters. * Shouldn't Americans be getting the benefit of this . valuable resource? YES! Americanization of the fishery will increase domestic participation in the fishing and processing industries, provide employment opportunities for Americans, stimulate economic growth and foster economic stability in Alaska's coastal communities. 175 S. FRANKI IN q #319 111NFA11 Al MICA 99A()) (9071 W-141n5 a * Is it really necessary to establish a "time -certain' for the phase -out? A planned phase -out is crucial to enable the American fishing and processing industry to provide for an orderly transfer of the fishery to domestic interests. Establishing a date for phasing -out of foreign fishing interests will encourage the financial community to support capitalization of the American fishing and processing industries. * Will a phase -out of foreign fishing within the 200-mile limit affect the 'incidental catch" of halibut, salmon, and herring by foreign --directed high -seas fishing vessels ? A phase -out of foreign fishing will drastically reduce the incidence of interceptions of halibut, salmon, and herring by the foreign -directed high -seas fishing fleet by keeping foreign fishing vessels outside the 200-mile limit. * Does the USA Coalition need my help? YES1 The USA Coalition believes that the time has come for a large group of citizens to demand Americanization of the fishery. If we don't act now, that resource may never benefit the people of Alaska's communities. We need your support, and the support of all Alaskans. Sign a USA Coalition petition supporting a phase -out of foreign fishing, write your Congressmen and state legislators. If you want to become more involved, contact the USA Coalition directly. Thanks for your help. Let's fish for Americal us) \COALITION U N I T E D S E A F 0 0 D A M E R I C A N I Z A T 1 0 N USA COALITION COMMITTEE Ron Jolin Commercial fisherman Bix Bonney Sportfisherman Larry Cotter International Longshoremen's and Warehousemen's Union Rick Lauber Pacific Seafood Processors Association John Cleveland Sea -Land Services I 175 S FRANKI IN C%T #119 11 INFAI I Al AUA QQRnI 1QM1 5J)A.1IM Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-54 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1984-85 GENERAL FUND BUDGET: From: Recreation Health $4,000 To: Parke Salaries $3,900 Parke Workers Comp. Insurance 100 This transfer provides money to hire a Parke Department Supervisor and for additional hours for other Parks employees. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of June, 1985. Tom Wagoner, Mayor C -1s r, Suggested bys Administration .CITY OF KENAI i RESOLUTION NO. 85-55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FIXING THE RATE OF LEVY OF PROPERTY TAX FOR THE FISCAL YEAR COMMENCING JULY 19 1985, AND ENDING JUNE 30, 1986. WHEREAS, the Code of the City of Kenai requires that the rate of levy of property tax be set annually not later than the 10th day of June, and i WHEREAS, the Council has adopted the "City of Kenai 1985-86 Annual Budget", which estimates property tax revenue based upon a tax rate of 1.9 mills. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rate of levy of property tax for the fiscal year commencing July 1, 1985 and ending June 30, 1986 be fixed at 1.9 mills. iJ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of June, 1985. Tom Wagoner, Mayor :ATTESTS Janet Whelan, City Clerk . Approved by Finances_ 0j2_ C-11 Suggested bys Administration CITY OF KENAI RESOLUTION NO. 85-56 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING THE AUTHORIZED SIGNATURES FOR DEPOSIT OR WITHDRAWAL FROM DEPOSITORIES OF MUNICIPAL FUNDS. WHEREAS, due to employee turn -over, it is necessary to change the list of authorized signatures on City accounts. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as fbllowss Section 1s That for banking purposes, the persons listed hereinafter are authorized as signators on accounts of the City of Kenai and any two of such persons may sign negotiable instruments for the City of Kenai. William Brighton, City Manager Charles A. Brown, Finance Director Sandra Parnell, Accountant Janet Whelan, City Clerk Section 2s That, for the purposes of internal control, one of the following combinations of signatures must appear on any negotiable instrument of the City of Kenais William Brighton, City Manager Charles A. Brown, Finance Director or William Brighton, City Manager Sandra Parnell, Accountant or Charles A. Brown, Finance Director Janet Whelan, City Clerk 1 Set;tion 3t That all prior ranolutiona douignating and ng a autt3er z gnatore are hereby rescinded, f- PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of June, 1985. c Tom Wagonor, Mayor ATTESTS ane a an, My Clark Approved by Finances f4 , 2 r' i ;I I i ` G 7 Swggested byt Administration CITY OF KENAI RESOLUTION NO. 85-57 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REJECTING ALL BIDS FOR THE AWARD OF A KENAI MUNICIPAL GOLF COURSE AND RECREATION LEASE AND CONCESSION AGREEMENT DUE TO THE SOLE BIDDER BEING NON -RESPONSIVE. WHEREAS, the following bid was received on May 28, 1985 for the above -referenced projects MINIMUM ACTUAL BID OPERATING ACCEPTABLE ANNUAL MINIMUM BIDDER SEASON BID LEASE GUARANTEE Richard I. Morgan First $ 1,000.00 9 Hole $ 500.00 18 Hole $ 1#000.00 Second through Fifth $ 29000.00 9 Hole $ 1,000.00 18 Hole $ 2,000.00 J Sixth through Eighth $ 5,000.00 9 Hole $ 29500.00 18 Hole $ 59000.00 Ninth and Tenth $10,000.00 9 Hole $ 5,000.00 18 Hole $10,000.00 Eleventh through remainder of initial term $159000.00 9 Hole $ 7#500.00 18 Hole $15,000.00 Additional Term of Lease $20,000.00 9 Hole $10,000.00 18 Hole $209000.00 WHEREAS, Richard I. Morgan's bid was the only bid received; and WHEREAS, Richard I. Morgan's bid has been declared non -responsive because the bid was conditional and failed to comply with many of the requested conditions including the followings 1. Annual bids for the nine -hole course do not meet the minimum acceptable bid schedule established by the City. 2. The bidder has struck out and initialed item #8 which provides for an investigation or audit of the bidder's books and recorde. 3. Bidder has acknowledged that this plan was not prepared and certified by an engineer or architect registered and authorized to do business in the State of Alaska so was required. 1 4. Bidder has stipulated that proposal is based upon acceptance by City on or before June 7, 1985. 5. Bidder has proposed a $6.00 per nine -hole green fee for weekends and holidays in conflict with the $5.00 rate as established in the Lease and Concession Agreement, Article III, Section D. 6. Bidder has ocot�dine�e"d-his performance upon extension of water and sewer mains along Lawton Drive and stubouts to clubhouse location by July 1, 1986. Estimated cost of this construction is $.15II,000.00. This was to be done by the successful bidder. WHEREAS, the recommendation from the City Administration is to declare Richard I. Morgan's bid non -responsive and since it was the only bid received, reject all bids. 1� NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that ! all bids for the award of a Kenai Municipal Golf Course and Recreation Lease and Concession Agreement be rejected. {, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of June, 1985. 0 0 , MAVOW ATTEST: Janet an, City Clerk Approved by Finances 2 ' 1 .r3 I � Fl� w 1. CITY OF KENAI Vd Capdod 4 414aaof 210 FIDALGO KENAI, ALASKA 60611 TELEPMONE 283. Mo May 31, 1985 MEMORANDUM TOs Mayor Wagoner and Kenai City Council Wm. J. Brighton, City Manager m Rogers, City Attorney FROM: Jeff Lab ahn, Land Manager REs Golf Course Bid - Richard I. Morgan The City received a sole bid from Richard I. Morgan at the golf course facility bid opening on May 28, 1985. My review and comments concerning the bid submittal in relationship to the proposal requirements are noted belows A. A completed, signed and notarized Bid Proposal (Pages BP-1 to BP-4) BP-2s Bidder has submitted a dual bid lease guarantee for both a 9-hole and 18-hole golf course. Annual bids for the 9-hole course do not meet the m n� imum acceptable bid schedule established by the City, Annuai bids for the 18-hole golf course were submitted at the minimum acceptable bid level. Lease and Concession Agreement, Article III, Section A-1 requires the construction of a regulation 9-hole golf course. Bid proposal has been signed and notarized. B. A completed, signed and notarized Affidavit (Pages BA-1 r"3 to BA-2) Affidavit has been signed and notarized. C. The required Bid Deposit 1 A certified check in the amount of $3,000.00 has been r submitted with the bid package. f' I �f w, y P I l � 1 I I 1 i A D. A completed and signed Bid Questionnaire r The bidder has completed and signed the Bid Questionnaire. A description of required businesses and financial references has been submitted as an attachment with the bid package. The bidder has struck out and initialed item #8 which provides for an investigation or audit of the bidder's books and records. E. Design plan drawings and/or specifications Bidder has submitted a design layout of the 9-hole golf course including driving range, practice green and clubhouse. Per attached letter dated May 28 1985 the bidder has acknowledqed that this plan was not prepared and certified by an engineer or architect registered and authorized o do business in the State of Alaska Invitation or Bids - Paragraph VII - Construction and Design Criteria and Schedule). Design layout as presented is not to accurate dimension. F. Letter to City of Kenai, City Manager from Richard I Morgan dated May 28, 1985. This letter was submitted as a component of the bid package. Several questions and/or conditions were presented as a part of this letters 1. Bidder has stipulated that 2roposal is based upon acceptance by City on or before June_7_�1985. 2. Bidder has proposed a $6.00 per nine hole green fee for weekends and holidays in conflict with the $5.UU rate as established in the Lease and Concession Agreement, 3. Bidder has coordinated his performance upon extension of water and sewer mains along Lawton Drive and stub outs to clubhouse location E;y July 1 1986. Estimated Coot of this construction is 150,000.00. I have reviewed these comments with the City Attorney and we conclude that there are significant disparities between the bid proposal and certain requirements of the R.F.P. for the Lease and Concession Agreement as noted. Therefore, the submitted bid proposal does not appear to satisfy all the conditions required for a responsible bid. JL/dg -- '77 i W CITY OF KENAI „ d G'apddl aj 4"„ 210 FIDALOO KENAI, ALASKA 00611 TELEPHONE 283.7535 May 29, 1985 MEMORANDUM I�. TO: Rogers, City Attor-4 FROM$ 4�eff Labahn, Land Manager RE: Utilization of B.O.R. Lands for Golf Course Facility I received a call from Larry Gordon, Alaska Department of Natural Resources/Parks Division regarding the City's request to develop a golf course on a portion of the designated recreation B.O.R. replacement lands. He had consulted with the Federal Regional Office concerning the request. Both agencies stated their non -objection to the project, subject to the following modifications: 1. Lease and Concession Agreement - Article III; Section A-5: Provide handicapped parking area. 2. Lease and Concession Agreement - Article III; Section C: Request that the reference to "adult" be dropped and left to the discretion of the golf course operator/lessee. 3. General request for signage that conveys the information that the golf course facility is open to the general public. The State requested that a copy of the lease agreement be sent to them upon execution. TR/dg y - _ r1:�usc-.�: - •>�. �,. ..ter r. - �. �.y �- r—ter ; CITY Of KENAI 210 FIDALGO KENAI, ALASKA 99611 CONTRACT DOCUMENTS RELATING TO KENAI MUNICIPAL GOLF COURSE AND OUTDOOR RECREATION AREA TIM Oh =11 1100[IIS CITY a"NN •0WEim 91". A"A"N1 mfgr 1 q � 1 4 J 1. k r i I it I.a I t o,. I 'd _ r I I 1 -1- Y� - TIM =05 Ufr •npmr :' a KENAI .Iw. "S.A MIn w ►w KENAI MUNICIPAL GOLF COURSE AND OUTDOOR RECREATION AREA TABLE OF CONTENTS PAGE NOS. INVITATION FOR BIDS . . . . . . . . . . . . . . . .B-1 to 8-3 INSTRUCTIONS TO BIDDERS . . . . . . . . . . . . . .IB-1 to IB-i BID PROPOSAL . . . . . . . . . . . . . . . . . . . .OP-1 to SP-4 AFFIDAVIT . . . . . . . . . . . . . . . . . . . . .BA-1 to BA-2 BIDDER'S QUESTIONNAIRE . . . . . . . . . . . . . . .SQ-1 to 80-6 LEASE AND CONCESSION AGREEMENT. . . . . . . . . . .LCA-1 to CCA-9 MAP - 1 . . . . . . . . . . . . . . . . . . . . . .Exhibit "A" MAP - 2 . . . . . . . . . . . . . . . . . . . . . .Exhibit Note PLEASE CHECK THIS BID PACKAGE IMMEDIATELY UPON RECEIPT TO INSURE THAT YOU HAVE IN YOUR POSSESSION ALL OF THE DOCUMENTS LISTED ABOVE. THE CITY WILL FURNISH BIDDERS WITH A COPY OF ANY MISSING DOCUMENTS UPON REQUEST, BUT ASSUMES NO RESPONSIBILITY SHOULD ANY OF THE REQUIRED DOCUMENTS BE MISSING FROM ANY BID PACKAGE CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 I f � N 1 w i 1 Tim Aw"s room NOW AIAYA9%1t X11"N INVITATION FOR 8I0S GOLF COURSE AND OUTDOOR RECREATION AREA Sealed bids for the exclusive right to lease certain lands for the construction and operation of a golf course, park and incidental recreational facilities in the City of Kenai will be received at the City offices, 210 Fidalgo, Kenai, Alaska 99611. All bids must be received no later than 2sOO p.m., prevailing local time, on May 28, 1985, at which time and place they will be publicly opened and read. Side may oleo be mailed to City of Kenai, 210 Fidalgo, Kenai, Alaska 99611, but must be received in the office of the City Manager, prior to 2s00 p.m. prevailing local time, on May 28, 1985, to be considered. All interested parties, including Female and Minority Business Enterprises, are encouraged to submit bid proposals. No person shell be excluded on the grounds of race, color, religion, sex, or national origin. The contract being offered is designated so the Golf Course and Recreation Area Concession Agreement and is briefly summarized as follows$ I. CONCESSION TERMs The obligation to construct and rights to operate the golf course and recreation area concession shall begin on June 15, 1985, and terminate on December 31, 2005 unless extended for an additional ten-year term as provided by the proposed lease. II. PREMISESs All of Government Lots 1 and 2, Section 3, Township 5 North, Range 11 Nest, Seward Meridian, Alaska, excepting therefrom the north 200 feet of Lot 1 and the north 200 feet of the E 1/2 of Lot 2, containing 70.9 acres, ■ore or lose. III. RIGHTS GRANTED: The exclusive right to operate a golf course and recreation area on the aforementioned lands within the City of Kenai. IV. CONCESSION FEESs The successful bidder will be required to pay in advance an annual concession fee equal to the amount bid as annual rent except for the first two (2) years which shall be paid in advance as per Paragraph IX herein.. 8-1 a TIN main$ I dtr AffO„olr Clay OF xEKW I . O Wr M 9e10 AIAWOWI M top V. MINIMUM BIDS The minimum acceptable bid will be as followas Operating Annual Season Rent First f 1,000.00 Second through Fifth i 2,000.00 Sixth through Eighth i 5,000.00 Ninth and Tenth $10,000.00 Eleventh through remainder of initial term $15,000.00 Additional Term of Lease $20,000.00 VI. BID DEPOSITS A bid deposit in the amount of $3,000.00 in certified funds must be submitted with each bid proposal. VII. CONSTRUCTION AND DESIGN CRITERIA AND SCHEDULES Each proposal shall include plane, drawings, and a proposed construction schedule prepared and certified by an engineer or architect registered and authorized to do business in the State of Alaska. VIII. BIDDER QUALIFICATIONSS In order to participate in this bid offering, a bidder must be able to demonstrate that since January 1, 1975 he complies with all of the followings 1. Has had at least three (3) years of direct experience in the operation of a commercial business with gross sales of at loaat $250,000.00 per location per year. 2. Has or is affiliated with persons having knowledge or expertise for design and construction of the proposed facility. IX. ADVANCE GUARANTEE PAVMENTSs Upon award of the contract, the successful bidder will be required to execute the contract and pay to the City the minimum concession guarantee offered by the successful bidder for the first two (2) years of the contract term, which sus will be deducted first from the bid deposit already submitted. A pre -award conference for all potential bidders will be held at City Hall, 210 Fidalgo, Kenai, Alaska, on May 20, 1985, beginning It 11500 a.m., prevailing local time. The conference will be conducted by the City of Kenai Land Manager and will include a general information briefinq, a question and answer session and an inspection tour of the concession area. The bid documents manifesting the terms and conditions of this concession offering may be examined and/or obtained from the City of Kenai Public Works Director, 210 Fidalgo, Kenai, Alaska 99611 (Telephones (907) 283-7535). The bid documents include the 8-2 I i ,d i I i s i TIM a00Elli C1R' AfiQAl�f tmr or �nuu .o,wAo y„M. ALASKA NN/ X3JW I Instructions to Bidders, the Specimen Concession Agreement, the Bid Proposal Form, the Bidder's Affidavit Form, Bid Question- n+ire, and this Invitation for Bids. ALL BID PROPOSALS MUST BE MADE ON FORMS FURNISHED BY THE CITY. The right is hereby reserved to reject any and all bid proposals and to waive any defects when, in the opinion of the Kenai City Manager, or his official designee, such rejection or waiver will be in the best interest of the City. In addition, the City hereby reserves the right to readvertiae for Bid Proposals or to reschedule the bid opening, if such action is desired by the City. DATES April 19, 1985 m. J. Brighton City Manager City of Kenai 6-3 I I 'I s I • � I I Y/ 4• w 1 I 1� ' I TIM Room I GM1 A CM OF KENN .O Wald .eYU. ALAS" 9%10 MAIN INSTRUCTIONS TO BIDDERS KENAI MUNICIPAL GOLF AND RECREATION AREA AGREEMENT I. BID PROPOSALS, All Bids must be made on the Bid Proposal form furnished by the City (attached hereto), must be properly executed as provided thereon, and be addressed and delivered to the office of the City Manager, City of Kenai, 210 Fidalgo, Kenai, Alaska 99611, no later than 2:00 p.m., prevailing local time, on May 28, 1985. Bids may also be mailed to the City Manager, City of Kenai, 210 Fidalgo, Kenai, Alaska 99611, but must be received at the office of the City Manager no later than 2:00 p.m., prevailing local time, on May 28, 1985? to be considered. Each Bid Proposal must be submitted in a sealed envelope which is clearly marked on the outside with the Bidder's name and the following label: "Kenai Municipal Golf Course and Recreation Area Concession" To be complete, a bid proposal must consist of the fol- lowing: A. A completed, signed, and notarized Bid Proposal (Pages 8P-1 to SP-4). B. A completed, signed, and notarized Affidavit (Pages BA-1 to BA-2). C. The required Bid Deposit. D. A completed and signed Bid Questionnaire (Pages 8Q-1 to 8Q-6). E. Design Plan drawings and/or specifications. No late or telegraphic bids will be accepted. When received by the City, all bids become the property of the City. When bids are opened, all bid proposals and supporting documents and etatemente become public information. II. 810 REVISION/NITHDRAMALs A bidder may withdraw or revise a Bid Proposal after it has been deposited in the office of the City Manager, 210 Fidalgo, Kenai, Alaska 99611, provided the following conditions are met: A. the bidder submits a written request for return of his bid proposal. (The request must be signed by the bidder, or a duly authorized agent or officer of the bidder, and notarized.) B. the City to able to clearly identify the bidder's sealed bid envelope by reading the bidder's name on the outside. No bid envelope will be opened for bidder identification or any other reason prior to the time set for formal bid opening. IS-1 T� p =-i 'Es- % .,A'. .tii. dl'u'T' I i. f.I., emu.. n'f TIM a00/Ri Cnr AnpMr 01Y 0/ xiNLN •ofox w 90W ^AINA 9%1, of/!rr W C. the withdrawal or revision to completed prior to the time set for opening bide. Reviniono are subject to the same requirements as all other bide. No tolagraphic bid revisions or withdrawals will be accepted. III. BIDDER OUALIFICATIONSt In order to submit a bidt a bidder must be able to demonstrate that since January 1, 1975 het 1. Has had at least three (3) years of direct experience In the operation of a commercial business with groan sales of at least ;25C.000.00 per location per year. 2. Has or is affiliated with persons having knowledge or expertise for design and construction of the proposed facility. Further, the bidder must be able to demonstrate that the three (3) yearn of required experience occurred within the pdriod of January 1. 1975 to June 1, 1985, and that the bidder was the principal operator of said bueinese(es). (Please refer to the Bid Questionnaire for specific requirements.) IV. BID FACTOR follower the minimum acceptable bid will be a lease guarantee as Operating Minimum Annual Season Rent r First ; 1,000.00 Second through Fifth 2,000.00 Sixth through Eighth 5,000.00 Ninth and Tenth 10,000.00 Eleventh through remainder of initial term 15,000.00 Additional Term of Lease 20,000.00 V. REJECTION OF 810 PROPOSALS; Bid proposals may be rejected under any of the fol- lowing conditionst A. If they show any alterations, erasures, irregularities of any kind or additions not called for;'Luhav are conditions) or inc2! let;TEs or if the fa to comply B. If the bidder is in arrears in any payments owing to the City or is in default of any obligation to the City; or to a defaulter as surety or otherwise upon any obligation to the City; or has failed to perform faithfully and diligently any previous contract with the City. I8-2 '' I J • TIN soouS Glr AnO"Al COY Of KINA1 . 0 110. IN tl„AI. AIAiAA 9%11 7p "M C. If the bidder fails to demonstrate that he has Cris experience required under Item III (Bidder Qualifications) above. In addition, the City reserves the right to reject any or all Bid Proposals and waive any defects when in its opinion ouch rejection or waiver will be in the best interest of the City. The right is reserved by the City to reschedule the bid opening or readvertiss for Bid Proposals if ouch action to desired by the City. VI. BID OEPOSITs All Bid Proposals must he accompanied by a certified check or cashier's check on a solvent financial institution doing business within the United States of America, payable to the City of Kenai, in the amount of $3,000.00. The City reserves the right to cash such check and hold the proceeds thereof pending the award of the concession contract. VII. CONTRACT AMARDs A. The contract award, if made, will be made by the City Manager for the City of Kenai, or his official designee. B. The bidder must be capable of performing all of the terms and conditions of the contract being offered. The City may request the bidder to furnish additional information, including financial information, to determine if the bidder is qualified. C. In the case of any discrepancy between the words and figures in the Bid Proposal, the words shell govern. 0. The contract award, if made, will be to the highest responsive qualified bidder based upon the followings 1. The total minimum rent guarantee to be paid to the City during the term of the contract. 2. The conformity of the bidder to all of the terms, conditions, and prerequisites set forth in the bid documents. 3. Beet interest of the City of Kenai as determined by the City Council. VLSI. REVENUES AND RESTRICTIONS: arson for nine holes of elf. Green fees subsequent to the rs wo years o operation shall be set at the sole option of the Kenai City Council upon petition of successful bidder. Said green fees shall constitute the only mandatory charge for use of the golf course. There shall be no other mandatory fee for use of the facility than green fees. IX. EXECUTION Of CONTRAC1s A. Execution of Agreement - Within fifteen (15) calendar days after the City has mailed to the successful bidder the agreement for signature, the bidder must sign and return the agreement together with any additional 18-3 A J i I � I I � o• TIM Rootss Cm 4noedy Off of KtNAM .o,ano ww a,►aAw011 x+smr monies required pursuant to the guarantee advance stipulated under Item % below. Upon execution of the agreement by the City, the successful bidder's bid deposit shall be credited against the minimum rent guarantee payable by the bidder under said agreement for the first two (2) years of the contract term. 8. Failure to Execute Agreement - Failure to execute and return the agreement, together with the guarantee advance, so that they are received by the City within fifteen (15) calendar days after the City has mailed to the successful bidder the agreement for execution shall be just cause for the annulment of the award and for the forfeiture of the bid deposit to the City. If the success u bi dder refuses or fails to execute and return the agreement together with the required guarantee advance the City may award the agreement to the next highest responsive qualified bidder. If any such bidder to whom the agreement Is so awarded refuses or fella to execute and return the same in the time specified, such bidder's bid deposit shall likewied be forfeited to the City. X. GUARANTEE ADVANCE: The successful bidder must submit an advance guarantee payment to the City when returning the executed copies of the contract as required under Item I% above if the bid deposit required Is not sufficient. Said advance guarantee payment shall be the first two (2) years' minimum rent guarantee offered by the successful bidder for the first two (1) yaace of the contract term, less the bidder's $3,000.00 Bid Deposit. Said advance guarantee must be made by a certified check or cashier's check c a solvent financial institution doing business within the United States of America, payable to the City of Kenai. XI. RETURN OF 810 DEPOSITS: Bid deposits submitted by unsuccessful bidders will be returned to them as soon as possible AFTER the agreement has been signed by the successful bidder and tFe City, or if all bids are rejected, all bid deposits will be returned. XII. TIE BIOS In event of a tie bid by qualified bidders, the tie will be broken by awarding the agreement to the bidder who hen demonstrated the most experience in the operation of qualifying retail business(es) since January 1, 1975, as determined by a comparison of the aggregate yearn of verified experience ll','ed by the bidders in their Bid Questionnaire in response to Question No. 6. XIII. PUBLIC INFORMATIONS All Bid Proposals, including any and all documents end/or statements submitted with a Bid Proposal, become the property of the City when received by the City. Upon the opening of sealed bide by the City, all such information submitted with the Bid Proposal becomes public information. IB-4 eJ i Y 1 i I ' I I a l TIM t100tai plr AngrlS1 COY OF X1KW .O eOIAll f[INI OLWA,MI/ Myap XIV. PRE-8I0 CONFERENCES A pre -hid conference for all potential bidders will he held at City Hall, 210 Fldnlqo, Kenai, Alaska, on May 20, 1985, beginning at 11500 a.m., prevailing local time. The conference will be conducted by the Land Manaqer and will include a general information briefing, a question and answer session, and on inspection tour of the concession lands. XV. OTHER REQUIREMENTSt Bidders are responsible for carefully examining all documents relating to this agreement and Judgo for themoolvea all the circumstances and conditions affecting their Bid Proposal. Failure on the part of any applicant to make such examination and to investigate thoroughly shall not be grounds for any claim that the bidder did not understand the conditions of the Bid Proposal. All bidders should also thoroughly familiarize themselves with the concession site conditions. XVI. GENERAL CONTRACT INFORMATIONS A. The City of Kenai is offering an opportunity to do business on City Lands and does not in any way guarantee a profit for the operation of the concession. B. The effective date of the contract shall be June 1, 1985, and shall terminate December 31, 2005. C. If during the term of this contract being the City wishes to add additional lands to the golf course, the City will give the successful bidder a right of first refusal to said golf course lands on terms and conditions determined solely by the City. 0. It is anticipated that the value of improvements required to the concession promises, which cost will be borne solely by the successful bidder, will exceed $300,000.00 Dollars, and.coneist primarily of clearing burning, excavation, fill, water service lines and wells and a building to house an office, clubhouse and refreshment facility. E. The City may require of any Bidders, other than sole proprietors, signed surety guarantees from all principals, agents, Directors, stockholders, and/or officers of the successful bidding entity. IB-5 r� .i�m May 289 1985 City of Kenai 210 Fidalgo Street Henai, Alaska 99661 n Attns Bill Brighton, City Manager Enclosed are the following documentes 1. Bid Proposal 2. Affidavit 3. A Certified Check in the amount of $39000.00 payable to the City of Kenai as a bid deposit. 4. Bid Questionnaire 5• 9 Hole Golf Course Plan and Clubhouse floor plan. I propose to commence construction immediately, and complete this facility in accordance with lease requirements. y Contradictions exist in the bid document, such as Invitation to Bid Paragraph I. Concession term "shall begin on June 15" as opposed to instructions to Bidders, Paragraph XVI "effective date of the contract shall be June 1, 1985", and Lease and Concession Agreement Article I, commencing the First day of Juae, 1985"0 Since tiara is of the essence in the construction of this facility, this proposal is based on i acceptance by Us City on or before June 7, 1965. Invitation for Bids Paragraph VII, requires that all 11plans, drawings and a proposed construction schedule shall be prepared and certified by an engineer or architect registered and authorized to do business in the State of Alaska7. My drawings and construction schedule were not done by such an individual. As stated in my previous discussions with city personneig starting green fees for nine holes will be Five Dollars ($5,00)'for week days and Six Dollars ($6.00).for weekends and Holidays as opposed to the Five Dollar (35.00) figure required by the lease and bid documents. Paragraph VIII in the Bid questionnaire is not part of this proposal or Of any ensuing lease to the undersigned. In Article III,'Paragzaph V, surfacing must be interpreted as gravel unless Lawton Drive is paved when this project is constructed. -, Or •; . tea,. -.. Water and sewer mains must be extended by the City along Lawton Drive with stub outs provided to the road easement line of the property leased at the location of the clubhouse building site as shown on the drawings submitted in the proposal, This construction by the City, must be completed by the City by July1, 1986. I - Ro ectfully yours Richard Z. Morgaa Enos Bid Proposal . . Affidavit Certified Check �) Bid Questionnaire •! i 9 Hole Golf Course Play and Clubhouse floor plan u •r:: j r. II •4 - P 1a i E: , Y 1 � i - Business operated by Richard I. Morgan since January 19 1985 which generated gross sales in excess of $2509000.00 per year. 1. a. Kenai Welding Supply, Inc. b. Mile 6* Kenai Spur Hiway, Kenai, Alaska co 197% 1976t 1977, 19789 1979 d. Arness & Carlisle, P.O. Box 10599 Kenai, Alaska James Artless, 283-4700 j 2. a. Morgan Steel, Inc. b. Mile 6j Kenai Spur Hiway, Kenai, Alaska i o. 197% 19769 1977, 19789 1979t 1980, 19819 19829 1983 - d. Arnesc & Carlisle, P.O. Box 10599 Kenai, Alaska James Arness, 283-4700 3. a. Kenai Peninsula Newspapers, Ina, b. 150 Trading Bay Road c. 1981, 19829 19839 1984 d. Arness & Carlisle, P.O. Box 10599 Kenai, Alaska James Arness, 282-4700 r i Banks with which Richard I. Morgan regularly does business 1. National Bank of Alaska, Kenai Branch Drawer H, Kenai, Alaska 99611-0240 Bogue Morgan 282-7581 2. First National Bank of Anchorage, Kenai Branch P.O. Box 40709 Kenai, Alaska 99611-9989 Matt Amundson — 282-3585 n j i i KENAI MUNICIPAL GOLF COURSE AND RECREATION AREA BID PROPOSAL PLEASE PRINT THE FOLLOWING: 81490ee8 Name of Bidder d/b/a (if applicable) . M_.,_ - .46s Couma(/ Submitted by. . . . . . . . . eao6er n 1. i.nn ie.A^j Title . . . . . . . . . . . . ow .u.alc Business Mailing Address . . P,u.11,6% jib) k 'J Telephone No. . . . . . . . . 41,97 sfs3-,?&oL, CORPORATE APPLICANTS MUST ALSO HAVE PRINCIPLE OFFICERS AND OR DIRECTORS SIGN IN THEIR INDIVIDUAL CAPACITY. r J 4. i 1 i1 1 I � n1r main . htr Mtpp/r ON O/XINAI .frlW M�:tA M111 ra,�w S' ' f f W .. _ i, k4 u - • f o. is i r I, I ' BP-1 a i r- 40 A Tim ROGER$ Cm •nowe+ WY or xc►uu •on.W yNY. MASU.M,I xunw BID PROPOSAL KENAI MUNICIPAL GOLF COURSE AND RECREATION AREA Mqx 2H :q fl r DATE City of Kenai 210 Fidalgo Kenai, Alaska 99611 Gentlemen: The undersigned (person, partnership, joint venture, corporation), hereinafter called the Bidder, hereby offers to enter into a Golf Course and Recreation Area Concession Agreement covering certain rights and privileges on lands within the City of Kenai. In connection with this offer and in addition to all terms of the proposed lease the Bidder offers to pay the following annual minimum lease guarantee: Minimum Actual Bid Operating Acceptable Annual Minimum Season Bid Lease Guarantee a First $ 1,000.00 sy q Second through Fifth $ 2,000.00 of 2- pvv 9 •+•�c 2, Jroo Sixth through Eighth $ 5,000.00 IF sr- PC q N.Is 7' 006 Ninth and Tenth S10,000.U0 ,y .. Eleventh through remainder q of initial term $15,000.00 IV 1h, tdno 9 M11t I0,909 Additional Term of lease $20,000.00 Iq •• 2.0. 000 This offer is made subject to the terms and conditions of the Invitation for Bids dated April 19, 1985, and the Instructions to Bidders and Specimen Concession Agreement issued by the City as part of the offering for the subject Concession Agreement. Attached hereto and made a part of this offer are the following: 1. Affidavit executed by the Bidder. 2. Completed and signed Bid Questionnaire. 3. Bid deposit in the amount of $3.000.00 in the following form: A certified or cashier's check on a solvent financial institution doing business within the United States of America, payable to the City of Kenai. The Bidder hereby acknowledges the City's right to cash such check immediately following bid opening and to hold the proceeds thereof until the award process is completed. The Bidder offers and agrees that the City shall have unrestricted access to the books and records of the Bidder for the purpose of verifying all representations made by the Bidder's BP-2 N L E .. Tim ROGERS r ,r Aqp„*, CITY OF KENAI • o 1.0. ua Mnw in connection with this Bid Proposal. Bidder further agrees that any such investigation or audit performed by the City shall be at the expense of the Bidder. 4. The required Design Plan drawings and/or specifications. Within fifteen (15) calendar days after receipt of notice and acceptance of offer by the City of Kenai, the Bidder will execute and deliver the Agreement, together with the required Guarantee Advance and any required bonds and insurance certificates, to: City Manager, City of Kenai, 210 Fidalgo, Kenai, Alaska 99611. Said Guarantee Advance will be the minimum lease guarantee offered in this Bid Proposal for the first two (2) years of the contract term and will be in the form of a certified or cashier's check on a solvent financial institution doing business in the United States of America. It is understood and agreed by the Bidder that failure to execute and return the concession agreement, together with the Guarantee Advance payment, in the time specified shall constitute a breach of this offer on the part of the Bidder: and that upon such breach the deposit hereinabove referred to shall be forfeited to the City of Kenai. Time is of the essence in the execution and performance of the obligations under this agreement. This offer may be accepted or rejected by the City of Kenai by written notice to the Bidder at the address stated on Page SP-2. (CORPORATE SEAL) Sincerely ��MArLJ � F'EtRl....Al Name of Bidding C-erperarian, Lampanw-" Person 5ignature By Individual Surety Individual Surety CORPORATE ACKNOWLEDGEMENT: STATE OF ALASKA ) )sa JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ay o , 198 3 , befo{e , the undersigned, a Notary Public in and for the State of duly commissioned and sworn, personally appearedF�agp� known to me and to me known to be the of the corporation which executed the within instrument, and he acknowledged to me that he executed the same for and on behalf of said corporation, and that he is fully SP-3 nu WOOS 011 Atiomt, CnY OFKINN . 0 so. IN ..,., A~A..,1� m na __ _ � f i 1 i u 1 authorized by said corporation so to do; and that the corporate seal affixed to said instrument Is the corporate seal of said corporation. i WITNESS my hand and official seal the date and year in this certificate first written above. Notary Public in and for My Commission Expiress INDIVIDUAL ACKNOWLEDGEMENTS STATE OF ALASKA ) )as JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ,fig day of /e_, 198b , before me, the underelgned, a otary PUb n and —ire! the State of , duly commissioned and sworn, personally appeared n7geor4py , known to me and to me known to be the persona named herein and who executed the foregoing instrument, and (he, she, they) acknowledged to see that (he, she, they) signed the same as (hia, her, their) free and voluntary act and deed with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. o ary Public in and for My Commission Expireas;v2�A SP-4 • J V yfM saoauis � r. •rra••tr rttY OI KiNM •�.r, wrY�wrYY In fix BIDDER'S AFFIDAVIT ,sW 4$l21. ' M�ges-J being first duly sworn doponoo and gyeu i 1. The Afflnnt (as bidder or as representative or officer of bidder) has carefully examined all documents relating tot the Golf Course and Outdoor Recreation Areas 1I. the Bidder acknowlodges that all the documents and statements submitted with the bidder'$ Old Proposal become the property of the City when received by the City and become public information once the bid in opened( 1II. the bid Proposal filed herewith to not ' modo in the interest of or on behalf of any undisclosed person, partnership, company, association, srganicetion, or corporations IV. the bid is genuine and not collusive or shams V. the Bidder hoe not, directly or Indirectly, induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone sloe to put in a sham bid, or that anyone shall refrain from biddingi VI. the Bidder hag not In any manner. directly or indirectly, nought by sgreement, communication, or conference with anyone to fix the price of the bidder or of any other bidder, or to fix any overhead, profit, or cost eloment of such bid price or that of any other bidder, or to secure any advantage against the City of Kenai or anyone Interested in the proposed Concession Agreements VII, all statements contained in the bid and supporting documents are truss and specifically with respect to the Information set forth in the bidder'$ Questionnaire submitted herewith, all Information and data set forth therein is complete and current, and all businesses set forth In response to question number 6 actually generated annual gross sales in excess of $250,000.00 for each year oat forth. BA-1 e 9 I- . s Vill. the Bidder ban not, directly or Indirectly, oubmlttnd hia iild price or any breakdown thereof or the contentn thereof, or divulged information or datoa relative thereto, or paid or agrood to pay directly or indirectly, any money or other valuable nonaldoration for anstatanoo or aid rendered or to he rendered in procuring or attempting to procure the Conconalon Agreement above referred to, to any corporation, partnership, company, annociation, organization, or to any member or agent thereof, or to any other indlvlduals i%. the (udder will not pay or agree to pay, directly or Indirectly, any money or other valuable connidoratlon to any corporation, partnership, company, anoociation. organization, or to any member or agent thereof. or to any other Individuate for aid or sonlotance in securing the agreement above re/erred to in the event the name In awarded to the Bidders 9. the Bidder is not in arrearo in any payments owing to the City nor is he In default of any obligation to the Cityi nor is he a defeulker as aurety or otherwine upon any obligation to the Cityt nor has he failed to perform faithfully and diligently any previous contract with the Clty. Signed at; �Lr n._ ef� ��,rnnn this _Z# day of MTI� 1985. Signatures_ Title s 13idder Subscribed and aworn to before me a Notary public in and for the State of , on ►.his Itz_ day of /r14 , 198 UbLI State of G--- 4 - My commission xpireas �� s BA-2 J •r� J t flu sW 9X$ ,.IV Afla"A7 CITY Of KINAI • 9 1" W e.xu IIUwA,M„ 7q !fw KENAI MUNICIPAL GOLF COURSE AND RECREATION AREA 810 QUESTIONNAIRE All information requested in this Questionnaire must be furnished by the Bidder, and must be submitted with the bid. Stntementa must be complete and accurate and be presented in the form requested. Omiaaiona, inaccuracloa, or misatntements in a Riddor'n Qlsantionnalre may, at the discretion of the City, be grounds for rejection of a bid. 1. Name of the Bidder exactly an it is to appear on the Concession Aqreements 1R,ca•Asto I • M aMe- ArU 2. Mailinq address of the Bidder for contract administration purpooess P v rs 'i. ilo 1 A J,v.,. A - m el 22 le 3. The Bidder. if selected, intends to operate the concession as (check uns)r ()() Individual ( ) Joint Venture ( ) General Partnership ( ) Corporation ( ) Limited Partnership 4. If the Bidder will operate the concession as a partnership or joint venture, attach a copy of the partnership or joint venture agreement and answer the following questionas a. Name, mailing address, and share of each partner or joint venturers Name Address Share b. Date of organisations c. Agreement recorded ats Borouqh County udtclol District State Date „ � 1 Y 11V mains City Afrp"V GOY OF KIP M roWEW •fNY. AIMNA M1/1 M1930 d. If partnornhlp, or Joint venture 16 reglatatud 1 with the State of Alnnka, Department of Commerce, state date of registrations S. If the tliddor will operate the concession as a corporation, answer the followings a. Date incorporated: i In what state4 b. If corporation is registered with the State of Alaska. Department of Commerce to do business In the State of Alaska, state the date of teglatrations c. Name, mailing address, amount of stock held (number and type), and experience In the retail sales business of the following corporate officers and Based of Directors members CORPORATE OFFICERS Presidents Name Address Stook Experience Vice -Presidents Name Address Stock Experience Secretar� y$ Name Address Stock Experience 00-2 J Treasurers Name Address Stock Experience BOARD OF DIRECTORS Chairman, Name Address Stock Experience ' - 1 Members Name Address Stock Experience �. Members Name Address � t Stock Experience 1, I - 1 ! J TIM XWERS Gtr Afip14r MY OF XIMN r 9 $00 40 I Wl MAMA Nis - r Al. fix i 1 - r A i J: iJ 'r M 1 Members Name Addreen Stock Experience Members Name Address Stock Experience INDIVIDUAL SURETY(S) Names o Addresss Interest and Position With Corporations Nsmss Addreass Interest and Position With Corporations ii Names Addreses Interest and Position With Corporations e T flu 0100186 Cfv Alfa#41 C" OF KINN 80-4 •0 wgia 'f MAUk"Ol Tar aoaces ear &npM. ON 0/ KIMM . O 809 W mns v d. Lint the five (5) stockholders owning the largest amount of stock in the corporation (excludin corporate officers and members of the oarA of Directors already listed under Question No. 5(c) above). Indlcato name, sailing address, and number and type of shares held. Name Address Stock Name Address Stock Name Address Stock Name Address Stock Name Address Stock 6. Attach a description of the businesses which the bidder has operated since January 1, 1975. List only those businesses which generated gross sales in excess of $250.000.000 per calendar year. The description must Include the following information for each listed: a. Business name. b. Location - Street address, city and state (country, if not located in the USA). o. The calendar years during which the business generated annual gross sales exceeding $250,000.001. d. The mailing address, telephone number# and contact name for a municl ei overnment a enc , CPA firm. or other inde onAent Aource a thaT Gran confirm the accuracy of the date furniahed y the bidder in response to this Question No. 6. Bq•5 1 Y� 'r I I ��.—y'w.a.s - — 'scar=�s�s_ _ • '^'nM.N•' • • II 1 *Note: All figures must be in U.S. dollars as valued during the ralandar year to which rnf-rnnce I to made. No inflation adjustment for intervening years to to be Included. 7. Financial References: Attach a list of at leant two (2) banks or other financial institutions with which the bidder regularly does business. Include name and address of the banks or Institutions as well as the name and telephone number of an officer of each who can verify the bidder's financial standing. at @$face and--agrees—that•-the City-shsiI7:t 'uneestei led access to the books and reco 1.a- Bidder for�Mv-purpose of verlpresentations A-V made by the Bidder o mar on with this Bid 1� Proposal. jQidder-rrther agre—reony such inyastigbt7ion or audit performed by the 111 be •'� !he-9tdae'r 1� If the bidder is a new partnership or joint venture, submit only the financial statements of the business entity which meets the experience and financial requiresents of this bid offering. The undersigned hereby vouch for the truth and accuracy of all of the statements, answers, and representations made in this questionnaire, including all supplementary statements attached hereto. (If bidder is a partnership or joint venture, all partners or members of the joint venture must signs if bidder is a corporation, the signature of one duly authorized ' representative is sufficient.) Title e'1 ,ddcr Title Title Title Title Title DATE: H2 j� j 9,•s� TIM owns eln.nwa. ON CFKINN „,W "SYAM II ' i r, M C WU awns C" snows. ar u xtNN .aWXW sew "Siuww, MY= '� t t• I� I' i i KENAI MUNICIPAL GOLF COURSE AND RECREATION AREA LEASE AND CONCESSION AGREEMENT THIS LEASE, made and entered into this day of , 19 by and between the City of Kenai, hereinafter referred to as CITY, a body corporate under the laws of the State of Alaska, with offices at 210 Fidelgo Street, Kenai, Alaska, and hereinafter referred to as the LESSEE. WITNESSETH: That for and in consideration of the rent to be paid by LESSEJE and the construction of golf facilities and other improvements and surrender of the some in good condition to the CITY at the termination of this Lease and the other consideration given by the LESSEE herein, the CITY hereby leases to the LESSEE, and LESSEE takes and leases in an "as is" condition from the CITY, that area of land described and shown on the attachment labeled Exhibit "A" and made a part hereof, which Exhibit "A" is, at the time of execution of this Lease, a Preliminary Drawing for Field Survey, to be replaced, at a later date, by a Field Survey, which shall be produced by the CITY, and which shall be conclusively established as having been approved and accepted as a part of this Lease by the presence of signatures on behalf of the CITY and the LESSEE thereon. Said leased area shall hereinafter be referred to as "the Premises." TO HAVE AND TO HOLD the same Premises unto LESSEE, subject to the conditions and covenants herein contained, for the term of years hereinafter specified. The parties hereto further covenant and agree as follows: ARTICLE I Term of Lease The initial term of this lease shall be twenty (20) years, commencing the first day of June, 1985, and terminating at midnight on the 31st day of December, 2005. Upon termination of this Lease, each of the improvements listed and described under Article III, Paragraph A. shall be and become the property of the CITY and further upon the termination of this Lease, all buildings constructed by LESSEE on the leased premises under provisions hereof and all fixtures appurtenant to such buildings shall be and become the property of the CITY. ARTICLE II Option to Renew Upon completion of the twenty (20) year initial term of this Lease, the LESSEE at its option, may renew this Lease for an additional term of ten (10) years, subject to the conditions and covenants contained herein. LESSEE'S option to renew shall be exercised by notice in writing to the CITY, at least six (6) months prior to the termination of the twenty (20) year initial term. and said option shall expire and cases if not so exercised. LCA-1 I �r+ 6 TVA Roam car Alfondy CITY OF KENN . O ,ox wo �TAw ALASKA "MI I sans. -¢.1rti4�iirixw.:oesr � �I ARTICLE III Purpose and Improvements LESSEE shall provide for the construction and operation and maintenance of a public golf facility and appurtenances, and the Premiaes shall be used only for such purposes unless consent to some other use is obtained from the CITY in writing. It is anticipated that areas not being utilized for golf will be available to the public without charge for jogging and other uses not inconsistent with or in frustration of the premises primary use as a golf course. LESSEE shall cause to be designed, constructed, and installed upon and within the Premises, at a value of not less than THREE HUNDRED THOUSAND (f300.000.00) DOLLARS and at no cost to the CITY, the improvements listed and described under Paragraph A of this Article III. The preliminary plane prepared by LESSEE qnd approved by the CITY shall constitute the Master Plan for development of the Premises. Construction shall be started in accordance with the terms of this Lease not later than thirty (30) days after the date hereof and shall proceed with due diligence until completed within one (1) year and one hundred twenty (120) days from the date hereof. A. Required Construction. LESSEE covenants that he will construct the followings 1. Regulation 9-Hole Golf Course. A regulation 9-holq golf course will be constructed on the Premises, the design and subsequent construction of which shall be equal to other ?course---- existing in Alaska]. The design shall incorporate a minimum yardage of 3,000 yards; the par shall be 36; the turf greens shall each contain a minimum area of 5,000 square feet; the layout and construction shall conform with the beet practices and with applicable U.S. Golf Association recommendations. 2. Practice Putting Green. A practice putting green will be constructed on the Premises. The design shall contain a minimum area of 5,000 square feet; the surface shall be of the some turf as the greens on the course; the construction shall conform with best practices and with the applicable U.S. Golf Association recommendations. 3. Practice Driving Range. A practice tee and fairway with provision for a minimum of Six (6) toe spaces will be constructed on Premises. Design of this facility shall include provision for increasing the capacity if space requirements will permit. 4. Buildings. A clubhouse building, with a floor area of not lose than 1,300 square feet, which will include restrooms and facilities for a pro -shop and for sale of food and refreshments will be constructed on the Premises. All buildings conatrticted on the Premises shall conform to all laws, rules, regulations and ordinances applicable to safety and accessibility of physically handicapped. The building construction shall provide for accommodating maintenance equipment and storage. 5. Roads and Parking. A surfaced access and entrance road shall be provided to the clubhouse area from Lawton Drive. the northern boundary of the Premises. Surfaced parking areas to accommodate a minimum of 60 cars shall be provided in close proximity to the clubhouse. LCA-2 ��YI.�.��%y .L.__awY�lyY•.3:1� �/1 ._� _ • _. �� ._ _ —a �— era.-w a • s rlr aooEas : Attp"tr CITY CK KrI [OW. ALASKA Mr/t Mn" Space for future surfaced parking for an additional cars and an overflow parking area shall also be provided in close proximity to the clubhouse. Planning shall include a surfaced access and entrance road to the above -mentioned parking areas from Lawton Drive. 6. Watering System. A watering system of sufficient capacity will be provided for all tees and greens. B. Lack of Facilities. LESSEE shall not be responsible for costs of any improvements including but not limited to roads, water and sewer, either on the premises or in conjunction with access thereto. C. The LESSEE agrees that the golf course and the other improvements provided for herein shall be equally available to all adult members of the public without discrimination. Any discrimination by the LESSEE in the dispensing of food and beverage as provided for herein or in the use of any golf facility hereinabove described on grounds of race, sex, religion or national origin shall be deemed to be a material breach of this Lease. O. The LESSEE agrees that he will not discriminate against any employee or applicant for employment, to be employed in the performance of this Lease with respect to his hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment because of age, except when based on a bona fied occupational qualification or because of race, sex, religion or national origin. LESSEE understands that any such discrimination shall be deemed to be a material breach of this Lease. Lessee shall pay to the CITY as rent for the use of the Premises the followings Operating Annual Season Rent First $ Second through Fifth Sixth through Eighth Ninth and Tenth Eleventh through remainder of initial term Additional Term of Lease LESSEE intends to apply for two beverage dispensary licenses and the LESSOR hereby gives its non -objection, provided LESSOR is named on the Licenses and is indemnified against any lose as hereinafter provided. For the purpose of this Lease, "operating season" shall mean the period of time in any calendar year commencing on the date when LESSEE shall open its facilities for use and enjoyment by the public and ending on the date when the LESSEE shall close its facilities to the public. The required minimum "operating season" shall be from June 15 to October 1 of each year unless otherwise agreed to by the Kenai City Council LESSEE agrees that all articles sold or used under this Lease Shall be of good quality end shall be subject to the approval of the CITY. LCA-3 N I P 1 ' 1 s. r i TIN Roof" Oft ATT004V CaV OF KMN •0Wax •lI1M AIMAAwwI raft" i 4 • Vw+ For the initial two years of operation, commencing with the 1987 season, green fees shall not exceed five dollars (f5.00) per person for nine holes of golf. Green fees subsequent to the first two years of operation shall be eat at the sole option of the Kenai City Council upon petition of successful bidder. LESSEE may charge reasonable fees for other uses during the golf aeason upon approval of Council. The premises under this Lease are owned by the CITY. However, it is contemplated that LESSEE shall be subject to taxation upon all personal property owned by LESSEE and used on or in connection with the leased Premises. LESSEE covenants to pay any taxes as may be lawfully assessed against such personal property. ARTICLE IY Possession and Maintenance LESSEE shall have sole possession of, and responsibility for, maintenance of the Premises, including all improvements constructed thereon. The CITY shall have the right to inspect the Premises and to impose reasonable regulations to insure proper care, maintenance, and upkeep of the Premises. The degree of maintenance shall be in keeping with other golf courses. the CITY, through its City Manager, shall have the right to require that the Premises and improvements thereon meat general standards of other owned and operated golf courses. The CITY shall advise the LESSEE in writing of any deficiency in maintenance of the Premises. The deficiency shall be corrected within thirty (30) days, or within an appropriate period as may be otherwise agreed. ARTICLE y Operation A. In its operation on the leased premises, LESSEE shall observe all applicable Federal, State and Municipal laws and shall take such actions as may be necessary to the protection of health, safety, and well-being of the public. S. LESSEE shall at its expense, meet the requirements of local and state health departments covering the handling and dispensing of food and beverages. Adequate toilet facilities in accordance with the plans and specifications shall be provided at locations on the golf course and at the clubhouse. Refuse and waste materials shall be handled as required by applicable state and local laws, ordinances and regulations. C. LESSEE agrees to pay all public utility bills for electricity, gas, water, and any and all other utilities used or consumed, on the Premises and to procure at its expense all meters and permits necessary for making connections and continuing utility services. D. For purposes of promoting the facility the CITY may from time to time join with the LESSEE in holding major golf tournaments of State and National significance. LCA-4 «. - _ - _ 1._ ! 0 J nr nooEas <m wrtoot� C TV Of XIKW .osmwo ctNY ft^UA Ott : n" E. LESSEE agrees that winter usage (November 1 through May 1) of the golf facility by the public for purposes consistant with CITY policies of winter use on golf courses will be permitted excepting the clubhouse, tees, and greens areas, which will remain closed unless otherwise agreed to in writing; provided, however, that damage to the premises resulting from such authorized winter usage shall be repaired at the expense of the CITY. ARTICLE VI Insurance During the term of this Lease, LESSEE shall procure and keep in force, or shall where appropriate, require LESSEE'S contractors and subcontractors to procure and keep in force, the following insurances: A. Workmen's compensation insurance, sufficient to meet State of Alaska statutory requirements, including $100,000.00 employers liability coverage, protecting all employees of LESSEE and employees of its contractors or subcontractors during the term of this Lease. B. Comprehensive general liability insurance, including product with limits, as to bodily injury liability, of $1,000,000.00 for each occurrence and $1,000,000.00 in aggregate and, as to property damages, liability of $100,000.00 for each occurrence and $100,000.00 in aggregate. Insurance policies required by this paragraph shall name LESSEE as Insured and the CITY as an additional insured. Such insurance shall be made effective prior to the beginning of construction on the golf course and shall cover construction and, thereafter, operation of the improvements on the Premises. C. Comprehensive automobile liability insurance with limits, as to bodily injury liability, of $500,000.00 for each person and $1,000,000.00 for each occurrence, and, as to Property damage required by this paragraph shall name the CITY as an additional insured. 0. Fire, Vandalism, Malicious Mischief, and extended coverage insurance covering all buildings constructed by LESSEE during the term of this lease in an amount equal to at least eighty (80%) percent of the full insurable replacement value of such building above fourndations. Such insurance policies shall be issued in the joint names of the CITY and LESSEE and shall be payable to the CITY, LESSEE and to any leasehold mortgagee, as their respective interests may appear. Duplicate originals or certificates of all insurance policies required hereunder shall be delivered to the CITY prior to occupation of the Premises by LESSEE. The entire amount collected for losses under any fire and extended coverage polices shall be held under joint control of the CITY, LESSEE and any leasehold mortgagee, shall be made available to repair, restore, or rebuild the damaged improvements. Any excess part of the insurance fund remaining after the cost of repairs, rebuilding or restoration is paid, shall be paid to the LESSEE. In the event the insurance fund is insufficient to cover the cost of repairs, rebuilding or restoration, the excess cost shall be borne by LESSEE. E. Reassessment of insurance needs shall be made by CITY at least every five (5) years to determine whether or not in the City's sole determination the coverage shall be increased. LCA-5 ..dam. .. aa:t......-.. 407 i' F, LESSEE agrees that thirty (30) days notice in writing shall be given the CITY in the event of cancellation, termination or material change of any insurance policy required hereunder. ARTICLE VII Performance and Payment Bond Within fifteen (15) days after the execution hereof, LESSEE shall furnish to the CITY, either performance and payment bonds (with a corporate surety license to do business in the State of Alaska) each in the amount of ONE HUNDRED THOUSAND ($100,000,00) DOLLARS, or a cash bond in the amount of TEN THOUSAND ($10,000) DOLLARS, conditioned upon LESSEE'S completion of construction items described in Paragraph A of Article III in accordance with submitted plans and specifications, and the payment bond conditioned upon the LESSEE'S payment of the full cost of all labor, materials, tools and equipment furnished for = the work. Ina ef.;re-7:e:...:oned bond shall in no way be construed as a limitation on liabil.:%, duty to defend or indemnify, or a restriction of any other kind, a„d shall be payable to the CITY + I as well as being subject to approval by the CITY. . ARTICLE VIII Assionment of Lease Except as provided in this paragraph, this Lease shall not be ' assigned in whole or in part, unless and until the CITY approves such assignment in writing, which approval shall not La unreasonably withheld, Upon written request by the CITY, the identity of the holder or holders to any mortgaye, deed of trust, - or security instrument and all individu.is, corporations, or M parties having a financial interest as investors or shareholders with the LESSEE in this lease, shall be provided the CITY by LESSEE within thirty (30) days of such request, LESSEE shall have the right to sublease the Premises or parts thereof for uses and purposes which are in accord with the provisions of this Lease, only upon written approval by the CITY which approval shall not + be unreasonably withheld. ARTICLE IX ., _ Pledge of Lease It is understood that in borrowing funds LESSEE cannot place a mortgage on the Premises or the fixed improvements placed thereon. However, it is contemplated that LESSEE will be required to borrow funds for the initial construction of improvements and that from time to time during the term of this Lease it may be desirable or convenient for LESSEE to borrow additional funds for additional improvement, alterations, repairs 3., or for other purposes. Accordingly, it is agreed that LESSEE S shall at all times during the term of this lease have the right + to grant rights of security in this Lease and the leasehold s rights of LESSEE created by this Leese, provided, however, that ' any such rights of security shall at all times be subject to, and } the right, title and interest of the CITY as owner of the Premises and fixed improvements placed thereon and the right of the CITY to require the payment of all rentals due hereunder and �j the full and faithful performance of the covenants and conditions of this Lease by the LESSEE. Subject to any such rights of security, the CITY shall have a lien upon all personal property not daily exposed to sale, owned by LESSEE and used on the Premises to secure the payment of the rentals as they respectively come due hereunder. =_ To aoaEs Cif► •tfo"*V \•� - } OTvOFKENw LCA-6 T i0 box so ,,_ F ww w��uA►n f I i t nr WOM Ut►AnOO&I ON OF Kcrw . O SOX W Aew. ALAS[A dal I M,u. I In the event at any time during the term of this Lease, LESSEE, or anyone holding under LESSEE shall be in default of any of the covenants or conditions of this lease. then and in such event, before forefeiture is invoked by the CITY, the holder of any rights of security granted by LESSEE head all payments and do and perform any and all acts and things which may be necessary or required to prevent a forefeiture of this Lease, and the party making such payments or performing such acts or things shall thereby and thereupon be subrogated to all rights of the LESSEE under this Lease. The CITY agrees, that, if requested in writing by the holder of any such rights of security, the CITY will send to the said holder at the address specified in such written request copies of all written notices or demands which the CITY may serve upon LESSEE or anyone holding under LESSEE under and pursuant to the terms of this lease or otherwise. It is understood, however, that the holder of such rights of security, shall in no way be liable to the CITY for the payment of any rent or for the performance of any other covenant or conditions under this Loase until such time as it shall acquire by conveyance from the LESSEE, or by the foreclosure or other proceedings provided by law or by the terms of any written instrument, all the rights, title and interest of the LESSEE under this Leases provided, however, that any party who shall acquire said rights, title and interest of the LESSEE, as above provided, shall thereupon and thereby become liable for the full performance and all payments theretofore and thereafter required to be made by LESSEE under the covenants and conditions of this Lease, as fully and completely and to the same extent as the LESSEE itself would have been if it still had retained its right, title and interest hereunder. Nothing in this Article XII shall prevent or delay the termination of this Lease under the provisions of Article X. ARTICLE X Cancellation and Forefeiture In the event LESSEE shall be declared bankrupt according to law, or if any assignment shall be attempted to be made of this Lease for the benefit of creditors (other than as herein permitted) or if LESSEE shall abandon the leased premises or in the event rental due hereunder remains unpaid for thirty (30) days after notice of nonpayment given to LESSEE, then in any of said events, the CITY may declare the lease to be terminated and may enter into and upon the land covered by this lease or any part thereof and repossess the some (including any and all improvements and installed fixtures) and expel the LESSEE and those claiming under it and remove itd effects, forcibly if necessary, without being deemed guilty of any manner of trespass and without prejudice to any other remedies which might otherwise be used for possession or for arrears of rent. ARTICLE XI Indemnification LESSEE shall protect, indemnify and save harmless the CITY from and against any and all claims, demands and causes of action of any nature whatsoever for injury to or death of persons, or lose or damage to property, occurring on the Promisee or in any manner growing out of or connected with the LESSEE' use and occupation of the Premises or the condition of the Premises during the terms of this Lease. LCA-7 i J Tat *DOE" C" Mrow*v MY OF MAN . 0 WO se ww, AUS.A wN' >a.�. To insure indemnification of the CITY, LESSEE shall procure and keep in force contractual liability coverage with limits as to bodily injury liability of $1,000,O00.00 for each occurrence and $1,000,000.00 in aggregate, and as to property damage liability with limits of $100,000.00 for each occurrence and $100,000.00 in aggregate. A certificate of Insurance shall be delivered to the CITY before occupancy of the Premises by LESSEE. ARTICLE XII Naiver of Default Any waiver by the CITY of any default or breach of this Lease shall not be construed to be a continuing waiver of such default or breach nor as a waiver or permission, express or implied, of any other or subsequent default or breach. ARTICLE XIII Force HaJeure If by reason of strike, lockout, war, rebellion, material or labor shortage due to a national emergency, fire, flood, hurricane or other casualty, periods of excessive rain, or by any other matter not within its control, the CITY or LESSEE in good faith and without fault or neglect on its parts is prevented or delayed in the construction of any condition except as relates to rental payments or the maintenance of insurance which, under the terms of this Lease, it is required to do so perform within a specified period of time, the period of time within which such performance was to have been completed shall be extended by a period of time equal to that of such delay or prevention, and th CITY or LESSEE, as the case may be, shall not be deemed to be ie default if it diligently performs and completes such work or covenant or condition in the manner required by the terms of this Lease within the specified period of time as so extended. ARTICLE XIV Drainage It is contemplated that the existing drainage within the Premises will be retained as the drainage way for the Premises. Any construction or relocation shall be by LESSEE at LESSEE'S expense. ARTICLE XV Easements This lease is subject to all easements across the Premises that are of record. ARTICLE XVI General Clauees A. All references to the parties to this Lease and all covenants, conditions and agreements of this Lease shall apply to and be binding upon the CITY and LESSEE and their respective heirs, executors, adminietrators, legal representatives, successors and assigns (when assignment is made in accord with the provisions hereof) as if they were in each case fully named and stated. In this Lease both the CITY and LESSEE are referred to in the singular and neuter gender. However, such words and all other terms and words used in this Lease regardless of the LCA-8 ?,. number and gender in which they are used, shall be deemed and construed to include any other number (singular or plural) and any other gender, masculine, feminine or neuter, as the sense of the writing herein may require, the same as if such words had been fully and properly written in the required number and gender. B. All notices to the CITY shall be sent by certified or registered mail addressed to the City Manager, City of Kenai, 210 Fidalgo, Kenai, Alaska 99611, or at such other address as the CITY may in writing from time to time designate by written notice to the LESSEE. All notices to LESSEE shall be sent by certified or registered mail addressed to LESSEE at or at such other address as LESSEE may from time to time designate by written notice to the CITY. C. This Lease is made under the applicable laws of the STate of Alaska and if any term, clause, provision, part or portion of this Lease shall be adjudged invalid or illegal for any reason the validity of any other part or portion of this Lease shall not be affected thereby and invalid or illegal term, clause, provision, part or portion shall be deleted and ignored as if the some had not been written. 0. This Lease may be altered, modified or amended only be written instruments signed by LESSEE and the CITY and approved by the City Council of the CITY. ARTICLE XVII Lease Option The CITY grants to LESSEE a right of first refusal to lease, upon the same terms and conditions as set forth herein, the property described in Exhibit B (Sand Pit area) at a rental per square foot equal to the per square foot rental then being paid for the property described in Exhibit A to be used by the LESSEE only in a manner consistent with the purposes of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed and sealed the day and year first above written. I CITY OF KENAIs LESSEES William r ghton City Manager Tw roasts trn Attoner CITY Oi KENAI •osox W •taw AIASKA9%1I sung LCA-9 0 af, . � ' � ���EaADpQ'6G66�6►lil� I , for I 1 J. ' N� 1 1 1, 1 00 WI.1(Rt N14\ SaJ�V.+ I.lK Nt14Pt �� /t t'11 C•••+�tn E.1.6Vnt10N eovo j# •CRES Iw QsCI�� E4.9 Ad.R` Imrswome'll Foil. So-140 'b.0.R,. Cl" pricawt'tav J . eerr un '�aRK I SECTION 3 Tyro, Rll«l M. E K ; g TING '! Qi�►}t ' '/'!' BORROW ,�1 1 rrr �! SA► rr S MAgSII `� \4 . (i:F ACRIIFS G 1w-- 6wtll'O L Avl®s tier C —1 d Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-58 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF EAST ALIAK STREET, NORTH HIGHBUSH LANE, SWIRES DRIVE, SOUTH HIGHBUSH LANE, AND BUMBLEBEE STREET WATER, SEWER AND STREET IMPROVEMENTS - 1985 TO ' DOYLE CONSTRUCTION COMPANY FOR THE AMOUNT OF $689,004.47 WHICH INCLUDES THE BASIC BID PLUS ALTERNATES NO. 1 AND NO. 2. WHEREAS, the following bids were received on April 25, 1985 for the above -referenced project: CONTRACTOR BASIC BID ALTERNATE I ALTERNATE II BASIC I & TI Doyle Construction Company $531,062.11 $118,607.04 $39,335.32 $ 689,004.47 Construction Unlimited, Inc. $573,954.80 $148,618.00 $46,133.00 $ 768,705.80 Zubeck, Inc. $643,622.00 $158,872.20 $45,428.80 $ 847,923.00 B.C. Excavating $653,271.53 $180,747.27 $51,799.53 $ 885,818.33 Comanche Corp. $790,736.00 $214,862.00 $59,844.00 $1,065,442.00 ENGINEER'S ESTIMATE $675,047.60 $159,107.50 $52,301.60 $ 886,456.70 WHEREAS, the following is a description of the basic bid and the alternates: Basic Bid: East Aliak Street, North Highbush Lane and Swires Drive Alternate Is South Highbush Lane i Alternate II: Bumblebee Street. REAS, this resolution and award of the project is contingent upon conditions and stipulations agreeded upon by the City Administration and Doyle Construction Company. '{ WHEREAS, the City of Kenai has received a grant to help fund this project; and WHEREAS, the recommendation from the Public Works Department is to award the ..I contract to Doyle Construction Company for the basic bid plus additive alternates No. 1 and No. 2 for the total cost of $689,004.47; and _..; WHEREAS, Doyle Construction Company's bid for the basic bid and desired alternates s.` is the lowest responsible bid and award to this bidder would be in the best interest of the City; and 'j WHEREAS, sufficient monies are appropriated. 1 I - n ti. Lam:, •?-*..., _::�::.,' _ � BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI 4�ALASKA, that the contract for 1 ,, the construction of East Aliak Street North Hi hbush LaneSwires Drive South Highbush Lane and Bumblebee Street Water, Sewer and Street Improvements be awarded to Doyle Construction Company in the amount of $689,004.47 which includes the basic bid plus Additive Alternates No. 1 and No. 2. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of June, 1985. TOM WAGONER, MAYOR i ATTEST: I j Janet Whelan, City Clerk j,-Approved by Finance: C4Q y G—/ CITY OF KENAI %Od 62ap" aj 4"„ 210 FIDALOO KENAI, ALASKA 9N11 TELEPHONE 283. M5 June 5, 1985 TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Director of Public Works RE: E. Aliak Street, N. Highbush Lane, Swires Drive, South Highbush Lane, and Bumblebee Street Construction Contract The above subject project was bid on April 25, 1985, at 10 a.m. The project was designed by S & S Engineering, a firm that is no longer in business. The City of Kenai has hired Wm. J. Nelson & Associates to handle the construction inspection management on the project. Part of their work was to go through the plans and specifications and documents to become familiar with what was actually designed and to present any problems, conflicts, or Interpretations that might arise. Mr. Nelson completed his plan review and submitted a document entitled, "Plan Review of East Aliak Street, North Highbush Lane, Swires Drive, and Bumblebee Street, Water, Sewer, and Street Improvements 1985, dated May 24, i 1985." In his report, he lists quite a few different items that needed clarifications and some type of agreement between the contractor and the City. Based upon this plan review, I prepared I an agreement to the contract interpretation on this project and submitted it to Doyle Construction Company. Although most of the items that are listed are minor, I felt that we should enter into this contract with Doyle with these items clarified. Today, June 5, 1985 at 2 p.m., I met with Pat Doyle, Marko, Jack La Shot, and _ Bill Nelson to discuss the items listed in this agreement. This meeting was taped for future reference. The final outcome of this meeting was that Doyle Construction has no problems with ,! Items 2 through 7 including Items 5A through 5G. It was pointed r }I' out that under Item 3 that the specifications show that the f contractor should not be actually paid for trench excavation and backfill for storm drains. The construction documents spell out that only water mains and sewer mains are to be paid for under the trench excavation and backfill pay item. z� t Item 1 of the Agreement was simply a clarification for Doyle Construction Company of what is already in the specificatiorla. The City of Kenai did receive n letter from Doyle Construction Company on April 18, 1985, questioning the validity of the soils logs shown on the plans. There was no reply to the letter becauses 1. The bid opening was a week away including a weekend and there was not sufficient time for an Addendum as was suggested in the letter. The contract calls for a written request for interpretation to be received by the City at least ten days prior to the bid opening. 2. The soils logs were rechecked by the engineer and was so stated in Addendum No. 3. It would not be proper to discard the design engineer's soils logs based upon a competitive contractor's letter. After conferring with the City of Kenai's legal department, we have concluded the followings 1. The City of Kenai has sat down with Doyle Construction Company in good faith in an attempt to clarify some of the questions that Doyle Construction Company has concerning the contract interpretations. 2. The Construction Contract Documents are very clear concerning subsurface conditions. Doyle Construction Company will be notified prior to awarding the contract that they will be paid for the construction work at the unit prices that were submitted in the original hid. Doyle Construction Company is to construct the project according to the contract documents and specifications and plans. It is up to the contractor to decide the best method to accomplish the construction while staying within the guidelines of the contract documents. The City of Kenai, in transmitting the Notice of Award to Doyle Construction Company, will point out specific areas in the contract documents that Doyle Construction Company has obviously missed in preparing their letter of April 17, 1985. KK/jet a{ y .. -- I r; • Agreement To Contract Interpretation on the Project Entitled East Aliak Street, North Highbush Lane, Swires Drive, South Highbush Lane and Bumblebee Street between the City of Kenai and Doyle Construction Company On May 30, 1985, there was a meeting held to discuss the contract between Doyle Construction Company and the City of Kenai on the project entitled East Aliak Street, North Highbush Lane, Swires Drive, South Highbush Lane and Bumblebee Street, Water, Sewer and Street Improvements 1985. In attendance at the meeting were Pat Doyle, Bill Nelson, Keith Kernan, Jack La Shot and Keith Kornelis. The meeting was held to discuss, in detail, the "Plan Review of the Project" prepared for the City of Kenai by William J. Nelson and Associates, dated May 24, 1985. A copy of this plan review was given to Pat Doyle at the meeting and is attached to this agreement. William J. Nelson and Associates is under contract to the City of Kenai for the Project Management/Inspection of this project. The project was designed by S & S Engineers, Inc., a firm that is no longer in business. In an effort of cooperation and consideration between the City of Kenai and Doyle Construction Company, the following items are hereby agreed upon by both parties prior to entering into the contract on the projects 1. The construction contractor, Doyle Construction confirms that he has first hand knowledge of the subsurface conditions in the area and considered this in submitting his bid on the project. Doyle Construction did consider the possibility of encountering a high water table in the course of constructing this project and has included any additional costs for dewatering or other special considerations necessary to complete the project at the unit bid prices that were submitted with Doyle Construction Company's original bid. 2. Doyle Construction Company confirms that they are in agreement with the clarification drawing of the typical cross section that is attached to this agreement and that such clarification will not alter the contract unit prices. 1 3. Doyle Construction Company confirms that the Trench Excavation and Backfill will be a separate pay item only on storm drains, water mains, and sewer mains and that the trench excavation and backfill is incidental to culvert installation. 4. Doyle Construction Company acknowledges that there is a significant possibility for substantial overruns in the Unusable Excavation and Type I and Type III Fill and Backfill. Payment for these items (and for all other items) will be at the unit price in the original bid submitted by Doyle Construction Company. 5. Doyle Construction Company is aware and in agreement to the following minor design items: a. The approaches to Shamrock, Blarney and 29th off of Aliak will be increased from small driveway sized approaches to the standard public street size approaches. The cost to.enlarge these approaches will be paid at the unit price submitted in the original bid. Material quantities for driveways will be paid separately under their respective items. b. The fire hydrant valve shown on the details will be changed to the City of Kenai's usual location next to the fire hydrant. There will be no additional cost to the project for making this change. c. The guard post for the fire hydrants are deleted on the project. This will make no change to the contract price. d. A 36" diameter CMP overflow culvert will be added near station 16+00 on Aliak Street and will be paid for under the contract unit bid price for 36" diameter CMP. e. The butterfly valves called out in the bid schedules should actually be gate valves as was called for on the plans. There will be no difference in cost in substituting the gate valves for the butterfly valves. f. The "typical ditch" detail on sheet 6 is supposed to be "open ditch" detail. g. The water and sewer main offsets from the centerline will be determined by the project manager/inspector. This will not make a change in the contract price. 5. Doyle Construction Company agrees to extend the sewer line on Aliak to Swires and add a manhole to square up the water line crossing at the unit prices for the respective items included in the original bid. 6. Contractor agrees to lower the storm drain on East Aliak to provide sufficient capacity for future extension of this storm drain. It is estimated the storm drain would be lowered approximately two feet and this work would be accomplished with a change order paying the contractor for the additional depth of excavation. , 7. Contractor agrees to delete the approach an East Aliak from Linwood to the Spur Highway. The deletion of this portion of the work would result in simply lowering the quantities of the respective bid items. The items listed in this agreement to contract interpretation on the project as more particularly detailed in the report by William J. Nelson and Associates for the City of Kenai dated May 24, 1985 are hereby agreed upon by the City of Kenai and Doyle Construction Company on this day of June, 1985. ATTEST: Janet Whelan, City Clerk 3 CITY OF KENAI By• Wm. J. Brighton City Manager Date: DOYLE CONSTRUCTION COMPANY By: Patrick J. Doyle Date: J �1 A_ r' STATE OF ALASKA )as THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1985, PATRICK J. DOYLE, 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. Notary Public for Alaska My Commission Expires: 4 y I i -t i-' * r r i t PLAN REVIEW OF EAST ALIAK ST., NORTH HIGHBUSH LN., SWIRES DR. and BUMBLEBEE ST. WATER, SEWER and STREET IMPROVEMENTS, 1985 Prepared for: CITY OF KENAI PUBLIC WORKS DEPARTMENT P.O. BOX 580 KENAI, ALASKA 99611 May 24, 1985 Submitted by: WM. J. NELSON & ASSOCIATES P.O. BOX 1686 KENAI, ALASKA 99611 -3583 (907) 2133 CONTENTS SUMMARY OF RECOMMENDATIONS I BASIC DESIGN CONCEPT East Aliak Swires South Highbush North Highbush Bumblebee Minor Design Items. II DISCREPANCIES A. Quality Discrepancies B. Utility Conflicts C. Contractural Problems III RECOMMENDATIONS A. Prior to Award of Contract B. Optional Design Revision for Current Contract C. Re-Design/Re-bid APPENDIX Clarification of Typical Crossection for Current Contract. Sheet I Of 10 S & S Engineers ,ti : I .....w:...r....rian...ia�i31;.:+.•r.i>:.._ . nos 1. - 'r+ri.�...Lia;.__�-�rs�.=a...tapr.. • _ ..�� � .. ....._--. ... me. _ ... - ..._ a�_....e. .__ z� .. ___• , .'---._.. � .-..r...^ ._. _. _ __.. ..___-.^ _`.�J I I. BASIC DESIGN CONCEPT The improvements shown on the plans include the reconstruction of several gravel streets to bring them up to current standards. From the plans it is not clear what the limit of excavation is intended to be. whether the Citv wishes to excavate all frost susceptible soils within the road prism or just to provide a 12" laver of Type I gravel. Drairaca is handled by a ditch/culvert system draining to natural drainage swales where possible. East Aliak Street has an under- ground storm drain which supplements the ditch/culvert system due to the inability to run ditches to daylight along certain port- ions of Aliak. A street by street description follows: BAST AUTA� Station 0+00 to 16+00: Need to match road at Candlelight, but could raise ditch to avoid excessive depth. Road grades do not drain towards natural drainage courses. Would ` need to establish new drainage pattern and grades in the event , the ditches are filled in and road is paved in the future. May want to install storm drain at present time. Yl Station 16+00 to Station'21+84: Road grades okay, but storm drain should be lowered in order to extend to east in the future. " Station 21+84 to Station 29+00: j Grade breaks will not drain if ditches filled and road is paved in future. Station 29+00 to 42+00: Ditches are approximately 3' - 4' deep. Grade breaks will not drain if ditches filled and paved in future. ARM Drainage is towards East Aliak. Appears to be satisfactory, .could possibly extend ditch to south if redesigned. fiQUid UJQUbUSH Drains to special ditch which empties into natural drainage swale. Drainage is towards bumblebee Streetq but grade brea►:s would not drain if ditches filled and paved. Ditch drains west towards natural drainage Swale, but grade breaks for road would not drain if ditch filled and paved. 1. The approaches to Shamrock, Blarney and 29th Avemue off of Aliak are small driveway sized approaches instead of stan- dard public street size approaches. 2. No approaches have been provided to the 'paper' %treats at Shelikoff, Branigan, and Shillellah Courts off of iiak. 3. The fire hydrant valves are shown on the detail to be in the street instead of the usual location next to,th9.f4rn, hydrant. 4. Guard posts are not shown for fire hydrants. .•i. An overflow culvert should be added near Station 16+00 on Aliak. b. Butterfly valves called out in the Bid Schedules should actually be gate valves as called out on the Flans. 7. Ditch profiles shown on the Flans have grades shown but not elevations. Elevations scale out to a minimum ditch depth of 2.5 feet which is deeper than necessary. In some locations on Aliak the ditch is approximately 4 feet deep due to ditch grades running contrary to road grades. S. The "Typical Ditch" detail on Sheet b is not cross referenced anywhere. It is assumed that this is supposed to be the "open ditch" detail, but could be confused with "standard ditch' referenced elsewhere on the Flans. 9. Water and sewer main offsets from centerline are not called out on the plans. r. . i i • r E i If' It. DISCREPANCIES We have addressed three types of potential problems with the plants A. Quantity Discrepancies S. Utility Company Conflicts C. Contractual Conflicts These are summarized as follows: A. e{deati ,y 91mc3BAnGlan 1 • liam ;Q&Q9 Glean-kng gad t3cuoiag - This is a lump sum and is adequate for all schedules. 2. itQQg ;$1. AA11s 2MIM. 2Q49_4_r Jj The Exca- vation and Sackfill quantities cannot be verified without complete analysis of original crossections and ground pro- files which is beyond the scope of this review. However, some general comments can be made. On Schedules A,S,D, and E the amount of useable excavation is approximately 58-60% of the total excavation. , Bused on past experience with general road building stan- dards and existing soils conditions in Kenai. the 60% factor is relatively high. If it is the intention of the City to excavate and dispose of all unsuitable material within 42 inches of the proposed finished grade as is commonly done on other City proSects, then a much lower proportion of useable excavation, perhaps in the 25-30% range would be expected. If the percentage of useable excavation is substantially lower than estimated. then the shortfall will have to be made up with Type III classified fill. This would result in a significant overrun in pro- ject cost. For example, changing from 60% to 0 useable excavation across the board on Schedules A,S,D and E would result in a cost overrun ofs (*S - xi) ,04500+=00+2600+1Z'000) /. 1/2 - $50,750. a• ItgQ 22r.QZ ICSOgb gaggyatign and Yac{;fill - Throughout all schedules there is a discrepancy between trench excava- tion and backfill when compared to lengths of pipelines. The Specs are usually written so that the Contractor is paid for trench excavation and backfill when installing storm drain, watermain and sewer mains. Trench excavation and backfill is not commonly a pay item for installing culverts. The reason for this is that culverts can be placed at the bottom of the fill during the road building process. Occasionally a contractor, at his option, will install the culverts after the road has been constructed but any trenching involved is included in the unit price for furnishing and installinq culverts. ., r.'ffl&'f- M ' J I 1 .0 n i 1 I The problem with this item is that the specification for the 24" diameter corrugated metal pipe for storm drain is included in the same specification as the culvert pipe. Section 50.24. This makes it apparent that no trenching would be paid for the storm drain. Review of the bid tabulation for trench excavation and backfill does not establish a consistent correlation bet - wean trench excavation and pipe lengths. The Bid Schedule quantity for trench excavation and backfill roughly correlates to the total length of all pipe including cul- verts. This again is not consistent with the Specs and could lead to misunderstandings over pay quantities and eventually to a claim for extra payment. 4• Item ?-2=22 EMCnieft Iceeactti Resf_f i 11 - This item appears to be a contingent sum and will probably not be required or at least would only be required in relatively small amounts. We can expect this quantity to underrun. 5- 1-t9T 92419111s 341QA.12M_4 �,�7_11� ) - These items, dealing with unsuitable material in the trench below the pipe level appear to be contingency items. It is doubtful that these items willbe needed -in the quantities included in the Bid Shedul e, if at all. b• Item ?.1t1; Q1.12Sla1. Sf UQs-c U21210 QC $Mr21ug tateri al The specificaion section for this item provides that it applies to material encountered in the trench. It is doubtful that anywhere near the bid quantity of material will need to be encountered. It is unfortunate that the bid quantity for this item roughly corelates to the bid quantity for unusable excavation as there is potential for misunderstanding on this item. 7- Item 3da14 MO_MOLGgl 99m28gti9O - This is a minor item, the quantity will coincide with trench excavation and bacl;- fill as measured in the field. 8- Item 22t21 40d 92422 DC1Y9Vay5 - These are relatively minor items.. Although some discrepancies exist between plan quantity and bid quantity, it is anticipated that the ssctual quantity will be determined in the field due to new driveways which may have been constructed since the design survey. 9. Item §2zQ9111s MA9191 s �2 C" j - The various sewer pipe bid quantities appear to be reasonably consistent with plan quantities. The only significant discrepancy is on Sche- dule D where there will be closer to 1102 l.f. of 8" D.1 sewer instead of the bid quantity of 10'01 l.f. Consequently this will overrun. S I i t i I lt:f. 5Q.Q4(t) Tyree A Santtarp ;rai�r hl,nhnlrG - This itQm i consistent. - -- 11. 59,M A'21 Additional Denth tp Type A Manhole- Minor item not checked. 1^.. 50.07(l" Connect to F;_isting 3gni,tary 5etiKr Manhole - Tile bid quantity is correct on Schedule A but Schedule 6 includes an item for connecting the new sewer to the man- hole at Highbush and Clifford Street under Specification Section 50.18. Schedule A also shows a quantity of i for 50.18. This is inconsistent but probably will not present a problem since the low bidder bid the same price for each item. 13. §QXIQ Lateral Connection tg gaigting AC Sewer Fine IGGI99LOG 9eryirGe Tea or 9949le - This item would more properly be Item 50.12 - Sanitary Sewer Service Connection. The quantity appears to vary slightly between bid Schedules and Flans but should not be a significant problem. 14. It9M.92316 C913etC9Gt Ooen Ditgb - The lengths and locations of ditches are not consistantly called out on Flans. The detail for the open ditch is mislabeled on the Flans but probably will not cause a problem. The actual lengths are sure to vary in the field. The main question to be ans- wered is whether or not the City has the necessary ease- ments for the ditches. 1S- 'kaM %ZLI@ C!?nnect to gd,isting Iewer Mfnhole - See comments under 50.07(2). 16- *2L9Q11LA 91a'219Lz Nz99 4tL 92-i9151 - The lengths for culverts, called out on the Summary Sheet are not in all ,cases shown on the Flans. Conversely, some culverts shown on the Plans are not on the Summary Sheet. The actual quantities will have to be verified in the field. The quantities should essentially balance to total amount in the bid Schedule but may be reallocated throughout the 17- J2Le1 9C2219a Control Deyice - This item is per Plans Specs. 1S- i2L96 CMP G@tcM Resin - The quantity is correct but the specification section is written for concrete catch basins. This would' only be a problem if the Contractor wants to take issue with the�Spec. Since it is a minor item it is doubtful that it will be a problem. 19- ZZL14111 809 9241111 MCe D_rc i n MAMOiee - The quantities appear correct but the locations of the type of manhole are not called out on the Plans. This can be handled by personnel in the field as long as the Contractor orders the correct manhole for the proposed location lies Inverts). I • M M .- ���• is 92 *4Ib?s bs:1 Furnish end IriSt 11 ductile Icon b!ttgrmain - Slight variances between Man aril Bid quantities. on the order of it)' - 40' plus ar minus were noted throughout the pro3ect. Although the overall cost will possibly balance out, the variances may cause ordering problems for the Contractor. If he orders off of the Did quantity then he may either be short and have to reorder and possibly be dgl$ygd, or he may have excess material and wish to be reimbursed for the cost of the extra material by the City. 21. �2_2tiLs 62Lt2Ls The bid Schedule refers to "Butterfly" valves but the Plans call for "Gate" valves. The usual valve type for this application within the City is a sate valve. Since gate valves are generally more available this probably will not be a significant problem unless the Contractor decides to take issue with the Spec. 22. 62s24 EWCC13b 409 1.nst411 Fire bydrant - This appears to be okay. 23. Oi24 AQd The Bid Schedules make a distinction between connecting to an existing or new watermain with a water service. This is confusing and unnecessary. How- ever, since the Low bidder has the same price for each item It should not cause a problem. 24. 62AZ Belgeate gj.i2t,Lng ELLS tjydc4clt - No conflicts. 25. Z2z2Zs Z2s1;s Z2s2gs Z2t29s Z2yiQ - These items deal with adjustments of existing structures to conform to proposed grades. Some variance in quantities were noted but these should not treat difficulties for the most part. The only significant problem will be if the Contractor needs to make an adJustment to a manhole barrel section that is not called out in the.Plans. If an extra barrel section is needed and not available, then there could possibly a delay. 26. MIA- .1L (199CO- Rail Qgggrfbly - No conflict. 27. Z2a1€i?.L ¢r$v-$1 Pad - There is no specification for this item dealing with construction methods or materials, how- ever, as a minor item it should not present any problems. 28. Z24111 9911 StAt"iizgtigQ Matting - It is not clear where this item is intended for use. However, it may be needed at the discharge point for ditches. 29• Z2s13 $QO M42% 2 Tgpsgil and eedinq - The quantities shown appear to be adequate to seed necessary areas. This item can be cutback, in the field if necessary to stay within bid quantities. ' a •30- '0L=4 t Z >_1 Z9,294S;L $i gns - These quantities are general 1 y in conformance with the Plans. A slight adjustment in quantity may be necessary. 31. 7G_"'29 Adiust gxisting ggCygy hdgnumsrnts - Bid quantities conform to Flan quantities. 32. 7_nL���sl>_ f�emoy_e and gRlvsge 9utivprt - Overall bid quanti- ties balance Plan quantities. however, some field variance is expected since individual quantities do not balance. 33. 74__1 Ft_trnisb gag Install Fine HYdr?Ct end grtelnsign Minor item - not checked. 34. 7:=2 Furnish and Install Filter Fsbric - It is not clear where this item is intended to be- included in the Plans, however, it probably is to be used in areas where subgrade is unstable. The quantity represents a contingenc-i and may underrun. 35. 90_1n Existing Utilities in Construction Zcne - The Contractor has a lump sum item to deal with all utilities. Most utilities are shown on the Plans. We spoke with a representative of each utility company to determine if all utilities are shown. Each utility indicated certain items which would need to be relocated. Reimbursement to the utilities. if any, for relocating their facilities is beyond the scope of contract, however. a list of utilities expected to require relocating is included in this report. S. UTILITY CONFLICTS 1 ENSTAR NATURAL GAS COMPANY +' EAST ALIAK ;i 1. 18+50 to 29+00 Need to relocate parallel main to j North side 3' off property line and reconnect several service lines and replace. Need one week lead time to do above. 2. 29+00 to 33+50 (±) Relocate parallel main. installing � 3. Enstar may be q n QW service to Blarney. v; 4. 39+:0 to 42+00 Relocate oaral 1 el main. _ SW I RES (' 5. 1+01) to 8+1)o Need to relocate existinq regulator r-r station to east side. 3' off of property line. and replace parallel main from regulator station to Spur. f . g i yl. f �7 tj N . r i HIGHEUSH 6• line. 2+50 to 8+09) Relocate parallel main from ditch 7. One service line crossing. 8. Sta 11+00 to 14+00 May need to relocate parallel main. NORTH HIGHBUSH 9. Sta 19+60 to 21+00 Relocate service line. BUMBLEBEE 10- Sta 4+50 to 6+00 Possible lowering Parallel main in place (in ditch backslope). Enstar will need staking at road centerline prior to wort:. They will need one week notice prior to start of work if notified within next 2 weeks. HOMER ELECTRIC ASSOCIATION EAST ALIAY 1. 11+84 (±) U.O. from pole to lift station behind L.S. to be lowered by HEA. 2. 20+00 Xing (to be lowered) 3. 23+20 S. aide (to be relocated) 4. 34+65 Xing (to be lowered) S. 31+20 to 33+00 S. side (to be lowered) 6. 33+10 (±) Xing (to be lowered) BUMBLEBEE S. 4+80 (±) to 7+30 S. side (to be relocated) Bumblebee Poles to be braced per addendum. HEA could possible start within 1 week of notice to proceed and could complete pole bracing within 2 weeks. Extra required for lowering cables. J. R -;r GLACIER STATE TELEPHONE E. ALIAK 1. Pedestal at Sta 1+50 + Xings. 2. Xing at 7+54) and 8+94 3. Xing at 21+50 and 21+90 4. Xing at 24+90 and 25+80. I at 25+50 to 27+25 S. Xing at 28+14- °;', 6. Xing at 33+o5, as at 31+00 to 3-. *10 -- 7. Xing at 41+90 SWIRES " 8. Xing at 7+90 I NORTH HIGHBUSH 9. Xing at 13+88 i SOUTH HIGH6USH l • ' 10. Xing at 7+00 li. Xing at 3+75 Glacier State has scheduled this project over the course of the summer. Tho wort: will probably overlap the contractor's work. schedule. . r � i INLET VISIONS r, ALIAY', Station 5+30 Possible lower parallel cable Station 6+80 Possible lower parallel cable Xings at Station 8+40 I -- - ' Xings at Station 20+10 Xings at Station 21+50 Station 20+00 to 26+50 Lower parallel cable Xings at Station 25+"',U I * L I -r_ SWIRES TV is aerial. no conflicts noted. NORTH HIGHBUSH J Aerial until Bumblebee r SOUTH HIGHBUSH Xings at Station 10+60+ Station 7+75 to 10+60 Possible lower parallel cable t BUMBLEBEE Y TV is aerial Inlet Visions will need 2 - 3 weeks lead time. +' 7: T+1 I I f � rj • i � I ' I I f ! t 1 a C. CONTRACTURAL PROBLEMS WATER TABLE A letter has been sent to the City by the low bidder indicating that he has special knowledge of the site and that he believes there is a high water table on the project, contrary to soils logs provided by the City. The Instructions to Bidders provides that the Contractor perform his own site investigation and that soils logs are provided for his convenience only. By writing a letter to the City, the Bidder has out himself on record as having bid the project with full knowledge of the potential for needing expensive dewatering procedures on the - project. However, it is possible that he may not have included the costs for providing dewatering, if necessary, in the unit prices.for the project. In order to clarify the situation, the City should see►; written confirmation from the Bidder that costs for dewatering, if necessarv, are included in his unit prices. If the Bidder will not confirm that dewatering, if necessary, is included in his unit price bids. then the City should consider declarinq the bid non responsive and either go to the nest bidder or rebid the project. It would be a false economy to the City to award the project to any bidder without obtaining the confirmation described above in light of the pre -bid controversy redarding the depth of the water table on this project. If a bidder did not include dewatering costs in his bid and is subsequently "trapped" into executing the contract at prices lower than he expects to be able to complete the work. then the project is almost certain to end up with claims for"pavment beyond the contract amount. It also creates a situation in which the Contractor is working under some duress which will generally result in an overall reduction in quality of the completed project. For these reasons it is important to resolve the potential conflict grior to awarding the Sontract_ DISPOSAL OF UNSUITABLE EXCAVATION It is rumored that the bidder may intend to dispose of unsuitable excavation in the natural drainage swales adjacent to the -= project. The bidder should be cautioned that such disposal may Y' require a Corps of Engineers Wetland Permit. III RECOMMENDATIONS There are several must be acted upon PRIOR TO AWARD of the Contract in 'order to minimize problems during construction. Other items are OPTIONAL DESIGN FEATURES which are minimal in scope and can be accomplished within the parameters of the current contract. Finally, the city could RE -DESIGN portions of the project. Re -design would for all practical purposes require re -bidding of the Contract. These are outlined below: A. PRIOR TO AWARD OF CURRENT CONTRACT I. Obtain written confirmation from low bidder that unit bid prices for Trench Excavation and BacKfill include dewater- ing if neces-sary to the project. 2. Obtain written confirmation from low bidder regarding clarification to typical crossection. A copy of the -clari- fied crossection is attached. 3. Obtain written confirmation from low bidder that Trench Excavation and Backtill will be paid for storm drain. water main, and sewer main. and that Trcncn Excavation and Backfill is incidental to culvert installation per Specification Section 50.20. 4. The City should contact the utility companies to initiate relocation efforts. The Citv should seek legal counsel from the City attorney regarding a method to incorporate the written confirmations from the low bidder into the Contract. With this course of action. the City should provide a contingency budget for sianificant overruns in the unuseable excavation and Type III backfill. Some overrun in Type I backfill can also be expected as it appears that an insufficient quantity has been included in the estimate for Type I material to cover the driveways. B. OPTIONAL DESIGN REVISIONS FOR CURRENT CONTRACT With minimal design effort the following would be achieved under the current contract: 1. Extend the sewer line on Aliak to Swires and add a manhole to 'square up' the water line crossing. Add an overflow culvert near Station 16+4au on Aliat;. �. Lower the storm drain on East Alias.: to provide sufficient Capacity for future extension of the storm drain. I 0 r J 4. Delete the approach from East Aliak to the Kenai Sour and terminate East Aliak: at Linwood. The Linwood approach is adequate to handle the traffic. The close pro::emit•; of th=• East Aliak and Linwood approaches on the It.:enai Spur. coupled with the skew approach from Alial•: to the 1•.enai Sour could Great a congested and potentially hazardous situat- ion. Secondlv, this would eliminate the necessity to per- form an expensive telephone relocate in this area. Item number 3 may require a slightly increased cost due to deeper trenching. All of these items would be handled by Cbangg prder after award of the contract. C. RE-DESIGN/RE-HID OPTION This option would include extensive re-desiqn of road orades and storm drains to better accomodate future pavinq improvements. 1. Extend storm drain on East Aliak approximately to Station 33+oo. Possibly add storm drain to west from Station 16+00. Revise drainage plan to minimize deep ditches. 2. Revise street grades throughout project to eliminate 'sag' vertical curves with special ditching. These areas would require regrading in the future if the streets are paved and ditche's'filled since they would be subject to ponding. 3. Revise typical section on East Aliak to bring ditch closer to centerline between Station lb+oo and 41+45. This would reduce the cost of utility relocations necessary on the project. 4. Produce new Bid Schedules and revise Specs to more accurately reflect the actual wort: to be done on the project. A redesigned project could possibly be awarded to the low bidder for the current project. However, the redesign process would delay award beyond the btu day award limit in the Instructions to Bidders. Due to this problem and the potential for the other bidders to protest awarding a redesigned project to the low bidder, it would be in best interest of the City to rebid the project if it is redesigned. ti.. • r• rm wk,_ M r ROUTE 1 - BOX 1225 • KENAI, ALASKA 99611 - (907) 776.8552 April 17, 1985 ; �, Ar'11985 r 1 ` CI;� Ct Kenai 1 PG„lla 4 m*4 u-111. City of Kenai 210 Fidalgo Kenai, -Alaska, 99611 Attention: Keith Kornelis Re: East Aliak St. North Highbush Ln. Dear Mr. Kornelis: Swires Dr., South Highbush Ln. & Bumblebee St. Due to Iay experience with Construction in this Area, I am concerned about Bidding the above referenced Project. I personally know of local Contractors who are concerned, and may not bid this Project due to the erroneous informa- tion concerning the Water Table. The Soils Logs show a Low Water Table. I know this to be in error, as the Water is very high in this Area. Is it your intention that we should bid Dewatering into this Project? Or should we bid the Project like the Plans are? When the Project needs Dewater- ing, as will happen, will the Contractor be able to expect additional compen- sation? Could you please answer these questions in an Addendum as soon as possible, as there is considerable Bidder Confusion. Thank you. Sincerely, W'D ratrickJ. Doy e President TJ F � I r' ti PROJECT MANUAL lip EAST AUAK ST., NORTH HIGHBUSH LK", Iv SWIRES DR, SOUTH HIGHBUSH LN, fk BUMBLEBEE ST. wArER,, SEWER a. STREET IMPROVEMENTS .1985. �:' ' S & S ENGINEERS, INC. ,::'�r CONSULTING ENGINEER$s SURVEYOF489 PLANNERS �44 ,, J, �4 I ihP Contcoet.,,d. oymint ao .a whole �wLll-.be the -loge 1 - agre4,men„ botwoen""the' City"amd t4oe ;ontractor:, "'"Ihe' Con't'ract' Document does not include,k6ven it bound within the Projoct��Manual or,' project d'rowinge',' the investigations of surface and sub- surfade'eonditions. A general description of the work to be done is contained in the INVITATION TO BID. The scope is indicated on the accompanying Drawings and specified in applicable parts of these Contract Documents. Complete sots of the Project Manual and Project Drawings in the number and for the non-refundable sum, stated in the Invitation to Bid may be obtained from the City. Complete sets of the "Standard Specifications - Municipality 'of Anchorage, Juno, 1980" may be purchased from the Munic- ipality of Anchorage or obtained from the City for the coat of $25.00. Complete seta of Bidding Documents shall be used in pre- paring Bids; neither City nor Engineer assume any roo- ponoibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. City and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. "Command" type sentences are used in the Contract Documents. These refer to and are directed to the Contractor. b.' Exasination of Contract Documents and Site. tBtlo � , 4 at ..'.5.,hor "tf l iaj, examine the Cont`rad bocumen s thorough yt".#+�:: 9 ,1 �,� 17�Tr. i ��-w✓;.7 �n'TfJ7n,:�d1'i'j fc)"famlliar.1ze h�'9 W th ederal, tate and sea awa, ordinances, rules and regulations that may in any manner affect coat, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents* failure to do so will not relieve the successful Bidder of his obligation to enter into a Contract and complete the contemplated work in strict accordance with the Contract Documents. B-2 e- ILI other invesiagat-iona tt�et.have been mede� or tie p tiona madR there nd, ""'""" uaraiitaa othee Qx,.. St .t...�•, hsrp,L:,is,�iA..warr,all y..,.10. � 9 r preuuod or irid!'cet'bd'tij►"'such invebt,ig'a"li"p`no aro,;^rspreae.ntaUve,0f,r`.,,.,.. thoeb ex'ieting throughouti,ea,..,cr .any -pact thereof, of 'th'atit� unforsobti N'developments may not 000ur.�r, Loges "of "test 'boringe' or "tope"icaphie maps showing a"'teeord "? of"th-d�dati r-'abtoined* by-'ttye"-Engliii'oero-s''tnvdatlgatiwA'b"o'f,'040",,r surface "and "Subsurface "IdohdIt'lbh"'tHet�ird'^�niati'��i��t�3'�b'Tb�""+' �' orrboundyherewith�eh+all°•tiot"'bb-"`dbnsi'da'rs�"'�'�'po�t"'o'P'�fie""""""`x"'' Contract--Documents,--said-l'age--rep resent only"rh&-d0 'ti'I'oW"0"f *7 the--Engineer—as 19ta the oharnoter`�`of°the°'rtiatdrf8l't�"`"6i5=""""'"""'"""'"' eounter6.4 by"him­3n"hibMinwesti gat 1e*ne;*,�xndr c a ;"'""', n -r ofi"ly" �01� fhe'6'dnbenience of the13iddere,. ;;,,.,�, Information derived from inspection of logs of test borings, of topographic maps, or from Drawingo showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional invest- igations as he may elect, or from properly fulfilling all the terms of the Contract Documents. Before ""submitting his Bid each Bidder will, at' his 'ow l' 'e'iZ�efi�t6'; mdit'l�uoh^fddi'bi'fin6i'iriVdst'i*gat�o�8"'�iiid'es°is as th6­8Fier y"ta deternriffiF1fi3'r'8'i' or tpdrftyrfndPidti�'bT"'�h�"`�lortf'�'ilii''"do�oicdenae�altfi'"�h8�'t'i" •-N♦_tiYa7lice[•^oeariUJR's1V r.x;.s avn r1x'ta.i`+.. MO%ir-:isx•+. - • y,;.yyyp'M'trY.i!LUAar•r...IyW7..•. /•raULtlr ��a. ra.,.Trdtli�fiit�'t �• ,On request City will provide each Bidder access to th Eo"�"onduc� s�`c�h'"�r�ve"dt`i�jattivh�i'feiia"testdrra�"����"•"9'�cf'�e`r���"�' ,deQnid' necei4ery"t or submission" or-his'"Bid. ` -mos•,.,.• �•„x uz:v......- Y..r1--1rw �nUt•.v7.-,..•.rithrrti.ffi•.fy• The 'contractor agrees that he will -'Make no "claim' sgainet-`' �tFie"`Q-it i►i�'�`tfte'►'Eiigi'hedr''�;ff�"�ii�i'r'r'�irT 'eutu"'the"�b`�TC"""'fie."" finds -that- the actual subeur'fa@"'ei'3�fdi`EiZfFi+�"�'r4'do'rfE�f� "�'o'" "'' •nert�ffiifo��F"'!'ti'"thibtle��indi�eted••by�farfd`b°6r'f`'rig'���t ,�. •y;Fr.,,n� sr-..••rra.c, �N.u•,r. � .•_a..,...,.r..• rr• r.,•..,..,ry .,•rwrt- z:ci� n y."tla>t" The City assumes no responsibility for any interpretations or reprooentat•ions made by any of it's officers or agents during or prior to the execution of this Contract, unless such interpretations or representations are expressly stated in the Contract Documents. Insofar as possible, the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of, or interference with the work on any other Contractor. 11 Each Bidder shall inform himself of, and the Bidder awarded a Contract shall comply with, Federal, State, and local laws, statu.tea, and ordinances relative to the execution of B-3 c* 0 a •) the work. This requirement includes, but is not limited to, applicable regulations concerning minimum wage rates, nondioerimination in the employment of labor, protection of public and employee safety and health, environmental protection, the protection of natural resources, fire protection, burning and nonburning requirements, permits, fees, and similar subjects. The lands upon which the Work is to be performed, rights - of -way for access thereto and other lands designated for uae by Contractor in performing the Work are identified in the Contract Documents. The submiasion of a Bid will constitute an incontrovertible representation by the Bidder that he has complied with every requirement of this Article 1.2 and that the Contract Documento are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. Document Interpretation and Addendum The Contract Documents governing the work proposed herein consist of the Project Drawings, Project Manual, and the "Standard Specifications - Municipality of Anchorage, June 1980." Theo@ Contract Documents are intended to be mutually cooperative and to provide all details reasonably required for the execution of the proposed work. The Contract Documents are complementary, and items called for by one shall be binding as if called for by all. The intent of the documents is to define the work required to complete the Contract. In case of a conflict the more stringent or stricter requirement takes precedence over the more lenient one. The following is the order of precedence in cases of equal but different requirements: A. Project Manual - Division 0.00 8. Large scale drawings over small scale drawings and written dimensions over scaled dimensions C. Standard Specifications - Municipality of Anchorage, June 1980 D. All requirements of Laws, Ordinances, regulations, licenses and taxes. Any,"pdrbwoontemplating the submissii and.-=,�hov�rd �� Ew 'Contract„0 c gents., �.•`., writing ari fnterpretatign theceot. "�I 3rlosEretat' on ugh be, ,£ecgived by `" sl 8-4 �f roposaI shall havq,�; per a ortwoo, d"o`cumen"Es "'rtfeenliig'"o`r"` intent"'ot '"ii't�Tt't'6n"�'1�'egi%et'•,toi��", �. l ij- -•- - ' /i 1, -...---s..r.. P R05UP 0 S A L 10 TOs City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 BIDDERS Company Name Company Contact Address Telephone PROJECTS EAST ALAIK STREET, NORTH HIGHBUSH LANE, SWIRES DRIVE, SOUTH HIGHBUSH LANE AND BUMBLEBEE STREET WATER, SEWER AND STREET IMPROVEMENTS - 1985 BIDDER'S DECLARATION & UNDERSTANDING here _• - __ _ , 1T; I .• f ...►v .�awv- z -r- tine aescripcion oI the Quantitiesdi-vdTLaiC'-`j& Q.,.;! eriiils,•"d'6' thOlUded herein, ' is brief -and is iritendet"684iT 'i»dS�sB�e-'�te"e�dt��'�ar itStnre•�gthework„and...t4•• tdentify�te saf'd - g0XM uirements„of th FWfth'"the detailed re . g $ Cgntract'`hbocu-:--; me,t$j,acid, tisat ,thin ; Proposal p,.made ,according ;,to file provisos 'x�;e,::Rrips3, o..*.he,�Contsaat.FDocuments, which Documents .. ,are,hsreby made a part of this Proposal -.p �.: • �.. 'ar-r— The'�idder further "a"grass that. be has exercised his, p ., "J. i�di #i�trig``the"�ttt0 pretiat�on of subsurface information .and.�th if twl-t-awarded -the contract -he will make n" o ci fin aka 'fhe X7..xena!^�4rhe' E�fhei,i"3; ifi�d!"tti& "tile 'CtuaZ ,si��'sur`face , con 'ions, encouates . 8o,�pt •>vn.•.n - . C-1 rr t �onforn�s hose indicated by previous borings,'test excava-' U01 d "her subsurface investigations. The Bidder further declares that the only persons or parties interested in this Proposal are those named herein, that this Proposal is, in all respects, fair and without fraud, that it is made without collusion with any official of the City of Kenai and that the Proposal is made without any connection or collu- sion with any person submitting another Proposal on this Contract. The Bidder agrees not to withdraw his Proposal within 60 days after the actual daLea of the bid opening. DOCUMENTS SUBMITTED WITH THIS PROPOSAL i 1. Bid Proposal 2. Addendum Acknowledgement 3. Aid Bond (5% of Bid) 4. Power -of -Attorney 5. Alaska Business & Contractor's License 6. Contractor's Questionnaire 7. Certification by Contractor or Subcontractor regarding EEO DOCUMENTS CITY TO RECEIVE WITHIN 10 DAYS AFTER NOTICE OF AWARD The Bidder agrees that if this Proposal is accepted, he will, within 10 consecutive calendar days after Notice of Award, deliver to the City of Kenai the following: 1. Performance Bond (100% of Contract) 2. Labor & Material Payment Bond (100% of Contract) 3. Necessary Power -of -Attorney 4. The Contractor's Certificate of Insurance S. The Non -Collusion Affidavit 6. Corporate Acknowledgement 7. Contract CONTRACT TIME OF COMPLETION AND LIQUIDATED DAMAGES Bidder agrees to commence work on or before a date to be specified in a written "Notice to Proceed" from the City of Kenai and to fully complete the project within consecutive calendar days thereafter. In the event the Bidder is awarded the Contract and shall fail to complete the work within the time limit or extended time limit agreed upon, as more particularly set forth in the Contract Doc- uments, liquidated damages shall be paid to the City of Kenai at the rate of $300 per day (consecutive calendar days) for all work awarded under one contract until the work shall have been satis- factorily completed as provided by the Contract Documents. C-2 1 ' C O N T R A C T THIS CONTRACT is dated as of the day of , in the year _ by and between CITY OF KENAI (hereinafter called CITY) and 210 Fidalgo Street Kenai, Alaska 99611 (hereinafter called CONTRACTOR) CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows$ a. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows$ EAST ALIAK STREET, NORTH HIGHBUSH LANE, SWIRES DRIVE, SOUTH HIGHBUSH LANE AND BUMBLEBEE STREET WATER, SEWER AND STREET IMPROVEMENTS - 1985 b. ENGINEER. The Project has been designed by S & S ENGINEERS INC. who is hereinafter called and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. c. CONTRACT TIME & LIQUIDATED DAMAGES. The CONTRACTOR hereby agrees to commence work under this CONTRACT on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within consecutive days thereafter. Q-1 Owner on rac or , R 1 4 ■ r I Final Pa ment. Upon final completion and acceptance of the work and with the.CICY'S receipt of the 1. Certificate of Compliance 2. Project Completed - Contractor's Affidavit of Payment of Debts and Claims 3. Project Completed - Contractor's Affidavit of Release of Liens 4. Project Completed - Consent of Surety Company to final payment and in accordance with the Contract Documents the CITY shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Contract Documents. f. CONTRACTOR'S REPRESENTATIONS. In order to induce CITY to enter into this CONTRACT, CONTRACTOR makes the following representations: CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and Federal, State and local laws; ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. C0; tiACTOR agrees that Vhe has 'exercised �his own ._judgement , regaefi;q the tiierpretation _o"s ur{ace o}c� .ipn, and that' �d the CONTACT:ie2 meke no`ciam , i3w n$te"R. car=y%ngagait`Y_'Fti'"• fout the wgrk& tie ffnds that the actual subsurface' coridib'%ns encountered `coo `not' aonfotm "td"ishoad*"thd"ita'CAd"by-'I rfe"vibus orins, , .. _ _.. . :g , test .exesGatiods, or' other ,subsurface '_.,,iisvest igat ions. -CONTRACTOR ldi made"or-caused''to be made -examinations, verfimplEmid; "festd—d'n" studfii� of'aaX reports an re i�ata in actd'ition tb" those provideci•'as•"tie'"dseiris neces'ssry'for """£iie_ p�'r'formarice e t�i&"'Coii&1&dt�''rime 'arid in accordance 'wi'th'ftie'other�fernis"''rid conditiorid"'61f� the Corifract-'bocuiiientsj.gnd `:ao ndcti'ei0iiar "fthfiineft'diid;""iniiitl` ations,".tests; sports 16r..similar !data 01"-6r'1f r"iie"'required by CONTRACTOR for such purposes. CONTRACTOR`bas,correlated the results of all such ob'servations,•--examinations,r-investigations,-tests, reports and.data with the terms and conditions of the Contract _ „0caL tents. Q-3 Owner Contractor z_ CITY OF KENAI " Od G;apaW 4 4"„ 210FIDALCO KE44ALASKA 99611 TELEPHONE293.7535 May 319 1985 TO: Wm. J. Brighton, City Manager FROM: Keith Kornalis, Director of Public Works RE: Highbush, Aliak, Swires (HAS) Project Doyle Construction Co., Wm. J. Nelson & Associates, and the Kenai Public Works Department met and discussed possible future problems on the subject project. One of the problems that still has to be resolved will not be resolved until Monday or Tuesday. I have written Resolution No. 85-58 awarding the project to Doyle. If there are any problems with Doyle Construction.and the City Administration in agreeing on the contract interpretation, I will point out the problems at the Council meeting. KK/jet J I t` 0 f ,�. ._- .-Y� ..emu. ...:r -. . :, s--. ,. � •..r. ,. .r - .. ., ,r1• _. I'(,, , C � Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1023-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE S. HIGHBUSH, BUMBLEBEE, EAST ALIAK, SWIRES AND HIGHBUSH ROAD CAPITAL PROJECT FUND. WHEREAS, the City is in the process of soliciting bids for construction of the above water, sewer, and streets capital improvement, and WHEREAS, the City desires to award a bid for all of the work, including additive alternates, which is estimated to cost $2329000 more than is currently provided in the budget, and WHEREAS, the City has sufficient State grant monies set aside as a result of projects that have been completed for less than their appropriations. ' NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increase in estimated revenue and appropriations be made in the S. Highbush, Bumblebee, East Aliak, Swires, and Highbush Road Capital Projects Increase Estimated Revenues 1981 Municipal Road Grant $ 66,276 1982 Municipal Road Grant 165,724 000 Increase Appropriations: Construction $1620000 Contingency 70,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 1965. OM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Readings March 209 1985 Second Readings June 5, 1985 Effective Dates June 5, 1985 Approved by Finances r 0 SUBSTITUTE Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1023-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE S. HIGHBUSH, BUMBLEBEE, EAST ALIAK, SWIRES AND HIGHBUSH ROAD CAPITAL PROJECT FUND. WHEREAS, the City is in the process of soliciting bids for construction of the above water, cower, and streets capital improvement, and WHEREAS, the City desires to award a bid for all of the work, including additive alternates, which is estimated to cost $98,560 more than is currently provided in the budget, and WHEREAS, the City has received a grant from the State of Alaska in the amount of $51,579 as a Road Maintenance Service Area Grant that may be used toward this project, and ti WHEREAS, the City Administration desires to transfer $2,202 from the Spruce, Second and Third Capital Project to this project to speed conclusion of the 1980 Municipal Road Grant, and WHEREASt the Cityhas sufficient State grant monies set aside as a result of projects that have been completed for lose then their appropriations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases (decreases) in , estimated revenue and appropriations be modes Spruce, Second and Thirds Decrease s ma a Revenuess 1980 Municipal Road Grant 'O Decrease Appropriationas Engineering S<2 1 S. Hi hbush Bumblebee E. Aliak, Swires do Highbush ncreaseEsstma edRevenues: 1980 Municipal Road Grant $ 2,202 Road Service Area Grant 51,579 1981 Municipal Road Grant $44 779 98 560 Increase Appropriations: Construction $69,500 Contingency 29,060 198,560 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 1985. OM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: March 20, 1985 Second Reading: June 5, 1985 Effective Date: June 5, 1985 Approved by Finance: 1 j o)e )I) l , ! 1 1 4 '1� 1 r 1 Y . . 2 Tj U � F I j i Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-59 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE CONVEYANCE AND EXCHANGE OF A PARCEL OF CITY PROPERTY FOR A PARCEL OF PRIVATELY -OWNED PROPERTY. WHEREAS, Marvin Dragseth has proposed an exchange of property between himself and the City of Kenai, and WHEREAS, Mr. Dragseth owns Lot 1, U.S.S. 4563 consisting of approximately 3.6 acres, and WHEREAS, the exchange property is owned by the City of Kenai and is currently leased to Salamatof Seafoods, Inc., and WHEREAS, said exchange property involves a portion of Lot 10, Section 4, T5N, R11W, S.M., consisting of approximately 3.5 acres, and WHEREAS, the Board of Directors of Salamstof Seafoods, Inc. has gone on record in support of negotiating the proposed land exchange, and WHEREAS, an appraisal report has been prepared by Ed Warfle Real Estate Appraisals which estimates the Fair Market Value of both properties, and WHEREAS, Kenai Municipal Code 22.05.070 provides that the Council may approve the conveyance and exchange of City property by resolution if in the judgement of the Council it is advantageous to the City to make the exchange. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that an exchange of property between the City of Kenai and Marvin Dragseth as described herein is hereby approved/, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of June, 1985. Tom Wagoner, Mayor (� ATTEST: ICA �) ` Janet Whelan, City Clerk 0 j i r dr 22.05.040-22.05.070 l Kenai Peninsula Borouqh and the former record owner of the sums which are, or may become, due to them pursuant to the provisions of AS 29.53.380. (b) If the City Manager determines that it is in the City's interest to sell City lands, the sale shall be either a cash transaction or by a note secured by a deed of trust, subject to paragraph (a) above, and by no other means. The note and deed of trust shall carry terms as follows: (1) The term of such note may be set by the City Manager, but it shall provide for monthly payments and not exceed 20 years unless a lonqer period for a specific sale of land is approved by resolution of the City Council. (2) Such note shall bear interest at a rate to be deter- mined by the City Council by resolution. (Ords 612, 711, 1001 ) 22.05.050 Determination as to Need for Public Use: (a) " Whether land shall be acquired, retained, devoted, or dedicated to a public use shall be determined by ordinance which shall ' contain the public use for which said property is to be dedicated, the legal description of the property, and the address or a general description of the property sufficient to provide the public with notice of its location. (b) Whether land previously dedicated to a public use - W should be dedicated to a different public use or should no longer be needed for public use shall be determined by the City 1 Council by ordinance which shall contain the new public use for which said property is to be dedicated or the reason the land is no longer needed for public use, the legal description of the property, and the address or a general description of the property sufficient to provide the public with notice of its location. (c) Any determinations pursuant to sub -sections (a) and (b) Herein which pertain to tax -foreclosed property which has not been held by the City for a period of more than ten years after the close of the redemption period shall also comply with the requirements of KMC 22.05.090. (Ords 312, 640) 612 ) 22.05.060 Tax Foreclosure Parcels: (Ord 312, Repealed Ord 22.05.070 Property Exchanges: The Council may approve, by resolution, after public notice and an opportunity for public hearing, the conveyance and exchange of a parcel of City property for property owned by another person subject to such conditions as Council may impose on the exchange, whenever in the judgment of the City Council it is advantageous to the City to make the property exchange. (Ords 312, 588) il 22-7 (City of Kenai Supp. #34 - 3/8/85) m J 35021 KENAI SPUR HIGHWAY ^SOLDOTNA. ALASKA 99669 (907) 262.7443 April 12, 1985 110 WILLOW STREET, SUITE 104 KENAI, ALASKA 99611 (907) 283.7190 Marvin Dragseth Box 224 Kenai, Alaska 99611 Dear Mr. Dragseth: As requested, I have conducted a study 3f Lot 1, USS 4563, containing 3.546 acres and a portion of Lot 10, Sec. 4, T5N, R11W, containing 3.5 acres, for the - purpose of reporting to you my opinion of their Market Value as of April 5, 1985. A discussion concerning the analysis and supporting data is contained in the 29 pages of this report. Based on the examination and study made, I have formed the opinion that the Fair Market Value of the Subjects, as of April 5, 1985, in Fee Simple Title, was: Lot 1 - $160,000 �Z1r•-,s�k�`� Lot 10 - $270,000 I hereby certify that I have no past, present 3r prospective interest in the property and ray employment was not contingent upon returning findings in any specified or implied amount, or otherwise contingent upon anything else other than the delivery of this report. To the best of my knowledge and belief, all statements and opinions contained in this report are correct. 1 Thank you for the opportunity of serving you. If you have any questions concerning the report, please feel free to call. 7-._ 1, s 4.';' Respectfully submitted, ' Edwin S. Warfle, C.R.A. Appraiser r �j f i 1 f' � �1 I•`Ad t "Al l a ufSYz N • i � � • a .�• sz ac 061z• .rN f •'•'� +� � 41� eOC 1 Y b7aV3Bplat N - 16 -- --. Kzz �\ r � �. ✓ � f r ,. . \ • t:xr.'� r� r� •.nit.•O.r �r� '!t 8 `..�,:• • Z ��'%�`�•AY I.N A;;;+Yf YA YAVYYrw ,. f>. ia� • . �� � ♦1 • Aaf��>f JA LA Afj>AV A+1♦ A 444VA 4AA>44A AAf ff ~ ♦7_ \ ♦ is .9 •� p _qV <♦ffpf ♦/'A4wAV •0 O A4 wYfl<Y•'>walw > 1f1a> i .0�� ,�� • VA, �.� .wo;Ya;AA3,4 wV A�;A.;vLoq ♦c VfA >V♦><> ♦t11: 4 a ♦ >►�7f a �y aA J �wl,y fMf ' `VA yaf a Yi 4 a va, A_ liAfc ..w. a'f` v e s tA4>+ a> w mM f++ 4>A♦ iv A • V wYf f4f4 /Aa A,�Qt ev H w 14_ a w AA fa+< v>A „uw •afr wfe44' awl piox. .2/VE.e > A+A jV a V�.aj V • � /K'�GNA/ � 1- > S�wrrr/ f .r 0.6 oo ? d,F .�;+ uan�� t a _ � ad I •�i � IL ilk ttiMt: C ;L6 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-60 i A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF INLET WOODS SUBDIVISION -- PHASE ONE AND TWO - L.I.D. - 1985 IMPROVEMENTS TO DOYLE CONSTRUCTION COMPANY FOR THE AMOUNT OF $1,743,750.56. WHEREAS, the following bids were received on June 4, 1985 for the above -referenced project: CONTRACTOR GRAND TOTAL Doyle Construction $1,743,750.56 Construction Unlimited $1,819,185.70 _ Zubeck, Inc. $1,828,799.80 Beta Construction, Inc. $1,873,500.30 TAM Construction $1,880,976.50 Quality Asphalt $1,884,710.90 Kodiak Contractors $1,894,457.00 Brown Construction $1,899,900.78 e; Prosser Construction $1,944,583.81 Dane's General Contracting $1,954,380.50 Frontier Construction $1,981,249.11 Harley's Trucking $2,006,450.30 Harman Excavating $2,0200813.40 Engineer's Estimate $2,044,843.40 WHEREAS, the City of Kenai is using bond money to fund this r project; and WHEREAS this is a Local Improvement District (L.I.D.) project; and project p 1 WHEREAS, the recommendation from McLane & Associates, Inc., the project design engineer and the Public Works Department is to award the contract to Doyle Construction Company for the total cost of $1,743,750.56; and WHEREAS, Doyle Construction Company's bid for the project is the lowest responsible bid and award to this bidder would be in the E best interest of the City; and �.S WHEREAS, sufficient monies are appropriated. 1 I' V F NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the contract for the construction of the Inlet Woods Subdivision - Phase One & T:•fo !.:.`. - 1985 Improvements be awarded to Doyle Construction Company in the amount of $1,743,750.56. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of June, 1985. Tom Wagoner,.Mayor ATTEST: Janet Whelan, City Clerk Approved by Finance: e.*zl Written by Public Works: i ;r r � I FA ■ J AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 14, 1985, 7:00 PM 600 PM - Work Session PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (Time Limit - 10 minutes per person) 1. Doyle Cunstruction - Proposal for Lease Land for Aggregate Extraction 2. Brad Bradney - Vietnam Memorial C. PUBLIC HEARINGS 1. Ord. 1037-85 - Amending Kenai Municipal Code - Landscape Regulations 2. Ord. 1038-85 - Amending Kenai Municipal Code - Shift Differential Pay 3. Ord. 1040-85 - Amending Kenai Municipal Code - Certification Pay - EMT Paramedics 4. Ord. 1042-85 - Increasing Rev/Appne - State Grants to Health Facilities - $28,000 5. Ord. 1044-85 - Amending Kenai Municipal Code - Work Week, Communications Dept. 6. Res. 85-44 - One Year Extension - Cannery Loop Wells /1 A 02, Union Oil 7. Res. 85-48 - Authorizing Participation in State Day Care Assistance S. Res. 85-49 - M.A.P. Project - List of Improvements 9. Res. 85-50 - Awarding Contract - Library Addition 10. Res. 85-51 - Awarding Contract - Construction, Sprucewood Glen S/0 LID 11. Res. 85-52 - Establishing Airport Terminal Lease Rates A Fee Schedule s 12. *Application for New Liquor License - Package Store - Merit Inn 0. MINUTES 1. Regular Meeting, May 1, 1985 E. CORRESPONDENCE F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ord. 1039-85 - Amending Kenai Municipal Code - Increasing City's Participation in Supplemental Retirement Program 4. *Ord. 1041-85 -Amending Kenai Municipal Code - New Position, Assistant City Attorney; Change Pay Range, Legal Assistant N I r I) I f. .I 5. *Ord. 1043-85 - Replacing Salary Structure and Hourly Rates in Personnel Regulations 6. *Ord. 1045-85 - Amending Kenai Municipal Code - Change ; Pay Range - Librarian and Senior Citizen Coordinator 7. *Ord. 1046-85 - Amending Kenai Municipal Code - Change Pay Range - Communications Supervisor 8. *Ord. 1047-85 - Amending Kenai Muncipal Code - Increase Uniform Allowance - Fire Dept. 9. *Ord. 1048-85 - Adopting Budget, 1985-1986 10. *Ord. 1049-85 - Transfer of Appropriations, Revenue and Account Balance in Aliak, McCollum Capital Project Fund to Special Assessment Fund 11. *Ord. 1050-85 - Increasing Rev/Appne - Senior Citizen - $69 12. *Ord. 1051-85 - Finding City -Owned Lands not Needed for Public Purpose - Nalkowski-DeLand S/D 13. *Ord. 1052-85 - Amending Kenai Municipal Code - Sign Code 14. Vacation of Section Line Easement - Etolin S/D 15. Vacation of Utility Easement - Sprucewood Glen S/D 16. Vacation of Public Use Access Easement - Govt. Lots 34 & 35, Off Spruce St. 17. Lease Application - Fred Meyer Real Estate - CIIAP 18. Lease Amendment - James Doyle - Trailer Parking - Gusty S/D 19. Discussion - Airport Terminal Leases 20. Discussion - Selection of Engineers H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - 5 minutes per person) ADJOURNMENT s I � i 1 r., 9 �J KENAI CITY COUNCIL, REGULAR MEETING May 14, 1985, 7sOO PM KENAI CITY ADMINISTRATION BUILDING MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Jeas Hall, Ray Measles, Chris Monfor, John Wise, Ton Wagoner, Tom Ackerly, Sally Bailin Absents None A-1 Agenda Approval a. Mayor Wagoner naked that item C-2, Ord. 1038-85 and G-13, Ord. 1052-85 be tabled. b. Mayor Wagoner asked that item G-19, Airport Terminal Loosen, be deleted. Agenda approved as amended by unanimous consent. A-2 Consent Agenda MOTIONS Councilman Measles moved, seconded by Councilwomen Bailie, to approve the Consent Agenda, but remove item G-4, G-6, G-7 and G-12 from the Consent Agenda. Motion passed by unanimous consent B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Doyle Construction - Proposal for Lease Land for Aggregate Extraction Douglas Doyle, Kasilof, speaking for Pat Doyle, applicant. There are three tracts of land just off Van Antwerp St. Doyle Const. proposes to extract aggregate to 128' and create a lake reservoir, contour land and reclaim to heavy industrial. Forty acres to start, will not use all 40. A narrow swath in the middle, 200' x 900' wide trench, push overburden into trench and extract center. Will create small reservoir in the center then go the other way. He will bring in more detailed report later. Atty Rogers stated he would have to see if a competitive bid or an RFP may be necessary. Mayor Wagoner stated that the item should go PAZ first. Pat Doyle, Doyle Const. He stated that P&Z is aware of the request. Mr. Labohn said it went to P&Z as on info item. Councilwoman Bailie asked khy P&Z had rat taken action, Mr. Labohn explained the applicants had spoken to him and he advioed them to talk to P&Z and Council. This is not a specific design. Councilwoman Bailie noted it had been to Council one time, Mr. Labahn answered that he wanted this to be before Council before a public hearing. Mayor Wagoner suggested Mr. Doyle meet with City Manager Brighton and Atty. Rogers. He added, It may be better to take percentage of the gravel rather then pay. Pat Doyle explained the reason he came to Council is because if Council would not talk about it there was no point in going forward. Council agreed to pursue. Pat Doyle agreed to meet with Admin- istration so soon as possible. Atty Rogers noted that any expenses incurred may benefit a competitor with a public bidding process. Mr. Doyle stated he wanted to open this summer if possible. He would need a Corps of Engineers permit also. 8-2 Brad Bradney - Vietnam Memorial Mr. Brodney explained, the location for the memorial wan confirmed by Council April 17 and taken away May 1. They have advertised on the radio here and In Anchorage, there has been a otory in the local paper and In Anchorage papers. Over 250 flyers went out, they have passed out handbills. they have put In over 1000 man-hours of work. On May 7 he received notice that they could not use the field. If he a KENAI CITY COUNCIL MAY 14, 1983 Page 2 had received notion earlier tie could have changed it. He did not know how to notify all the people or make the charnpS. Not all sites ere acceptable. Will they he able to extend their time if they want to, City Manager Brighton has told them they could. Can they he soaured there will be no softball gqaamma during the opening nod olasissg coremonioa (June 18 and 2))T Elewndorf will bring BUDO people, It will bring income into the City, Not many people will drive to Washington D.C., but they can come to Roost. They have arranged discount fore@ from home cress. The Commending Control will be here. Any other area will he difficult to fly over during the opening ceremonieo, they planned a "singing mane formation of Jets to fly over. There are 44 people from Konal listed on its@ wall. City Manager Brighton explained the problemns crowd control, accoss, utilities (electricity, tollata), traffic are better handled inside the bell park, Councilwoman 9sille auggosted the football field at the high school. City Manager Brighton explained thorn to construction on the perking lot. Also, vehicles would have to drive on the track or field. They *too could not fly formation overhead, it has to be on an FAA mreo, the electricity is needed to fly the flog 24 hours a day, the memorial is open 24 houre a day, The opening ceremonies start at 1100 PM, the games otort at 7s00 PM, Closing Ceremonies are at 8100 PH, Recromtlsm Director MoOillivray amid thorn are no game@ on that day. MOTION$ Co"11Woaan Railic moved, seconded by Councilwoman Monfor, to desiggnnate a parking area; and further directed Reorsetion Director MC011livrsy and City Manager Brighton to Coordinate so there are no conflicts. Mayor Wagoner noted Police Chief Ross will handle the traffic problem. It wAll only be during the opening and closing ceremonies. The opening ceremonies will be June 18, the closing ceremonies will be June 22, they will leave June 23, unless it In oxtessded by popular demand. Motion passed by unanimous consent. AMM ITEMS Mayor Wagoner noted Polly Crawford will no longer be reporting for KSRM and Cheeehako News at Council meeting#. He acknowledged her 9eod work and wished her luck at Peninsula Clarion. C. PUBLIC HEARINGS Cr1 Ord. 1037-83 - Amend" KiC -landscape Regulations MOTIONS Councilmen Aclairly moved, socorsded by Councilwoman Osllle, to adopt the ordinance. MOTION, Amendments Councilman Ackorly moved, seconded by Councilman Measles, to @send the motion with the substitute ordinance submitted in tine packet. Lend Manager Lababo reviewed his mamo. Mayor Wagoner suggested a work session till all amandments are mruie, NOTION, Withdrawals Councilman Ackorly, with consent of necond, withdrew hia motion. r • J i� 1 KENAI CITY COUNCIL MAY 14, 1985 Pago 3 MOTION, Tables Councilman Meaalne moved, necondod by Councilwoman Monfor, to table the ordinance till the June 5 meeting. Motion passed unanimously by roll call vote. C-2 Ord. 1038-85 - Amending KMC - Shift Differential Pay MOTION, Tables Councilman Ackerly moved, seconded by Councilman Hall, to table the ordinance. VOTE (Passed): Yes Hall, Monfor, Wioo, Wagoner, Ackerly, Bsllic Nos Nogales C-3 Ord. 1040-85 - Amending KMC - Certification Pay - ENT Paramedics MOTIONs Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimoualy oy roll call vote. C-4 Ord. 1042-85 - Inoresaing Rev/Appne - State Grants to Health Facilities - $26,000 NOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the ordinance. There was no public comment. City Manager Brighton reviewed the health facilltiess . Cook Inlet Council on Alcohol 6 Drug Abuse womon's Resource 6 Crisis Center Community Care Center j Motion passed unanimously by roll call vote. C-5 Ord. 1044-85 - Amending KMC - work week, Communications Dept. MOTION$ Councilmen Ackstly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by toll call vote. C-6 Res. 85-44 - Ono Year Extension - Cannery Loop Wello 02 6 03, Union Oil NOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. n Y II KENAI CITY COUNCIL MAY 14, 1985 Pago 4 PUBLIC COM ENTt s. John Williams, 500 S. Willow, Kenai. Regarding the sale of KUSCU to Enstsr. There is a 50% difference In rates between Kenai and Soldotne. Union Oil is asking for an extension bocaunn they do not went to use it, they say there to no market. There is a local company that could use it and has made overtures to Union Oil to that end. It seems strange to let it sit when it can be used. It would out down gas rates in this area. It will be 17% higher this fall and will go up more. Regarding Pacific LNG. They said they were shutting down the plan, they have no intent of building in the near future. The gas can still be used to keep down electric and fuel rates in the area. Enstsr rates will be going way up, the City could do something besides just giving them an extension. They could bring pressure to beer. A large percentage of gas belongs to the City and was donated by Dsubanspek on a restricted bauis. Councilman Wise asked, how much of the 300 Million cubic feet DEC has certified Is ender eommittment to Pacific LNG? Mr. Williams replied, he did not know, a lot has been picked up by Enstsr. Councilman Wise said we know how big the reservoir is now, a significant amount is private property. We are remiss to give permission. NOTION, Tables Councilman Wise moved to table action till we receive information from Union Oil regarding facts behind Pacific LNG contract. Notion failed for look of a second. Mayor Wagoner suggested going to Union Oil to discuss the purchase of KUSCO. Enstsr did not make accurate statements to Council. City Manager Brighton noted the contract expires June 27. VOTE (failed)s Yess Nell, Measles, Monfor Not Wise, Wagoner, Aekerly, Bailie C-7 Res. 85-48 - Authorizing Participation in State Day Care Assistance. NOTIONS Councilman Measles moved, seconded by Councilwoman Monfort to adopt the resolution. There was no public comment. City Manager Brighton explained, this is the sass contract as before. We are not providing for those not residences of the City. Other groups are providing for people outside of the City. Motion passed by unanimous content. C-8 Res. 05-49 - N.A.P. Project - List of Improvw-nts MOTION$ Councilman Measles moved, seconded by Councilwomen Monfor, to adopt the resolution. There was no public consent. Public Works Director Kornelio explained, the list of Improvements in 02 3 03 now has dedicated right-of-way and final plat instead of prsliminery. It will go to all people with notice of public hearing by certified mail to Borough record of owner. Mayor Wagoner suggested seeding sh-uld be done in Spring instead of fall. Motion passed by unanimous consent. I I J � . 1 a I e �r 0 KENAI CITY C011NCIL MAY 14, 1985 Page 5 C-9 Res. 85-50 - Awarding Contract - Library Addition MOTIONS Councilman Nesolea moved, seconded by Councilman Ackerly, to adopt the reoolution. PUBLIC COMMENT: a. Linda Swarner, Library Camelosion Chairman, The Commission had a meeting this date. The majority felt the roof work is maintenance and should not be an alternate. b. Terry Stocker, Architect Gintoli's office, Kenai. The roof is in fins shape now. Their recommendation is to go with the bid for two ressonuss 1) It is $12,000 less than the November bid. 2) In winter at minus 20' it will be hard to keep at proper temperature without Insulation. It is hot mop roof, they will pull present hot mop and add insulation B re -hot mop. MOTION, Amendments Councilwoman Nonfat moved, seconded by Councilman Measles, to take alternate Y2 off the bid. VOTE, Amendment (Fsiled)s Yess Monfor Not Hall, Messiest Wisp, Wagoner, Aokerly, Ballis VOTE, Main Motions Motion passed by unanimous consent. C-10 Res. 85-51 - Awarding Contract - Construction, Sprucewood Glen S/D LID MOTION: Councilmen Ackerly moved, seconded by Councilwoman Monfort to adopt the resolution. There was no public comment. Councilmen Ackerly asked about B.C. Excavating. Public Works Director Kornelis sold they are out of Anehnrags. Councilwoman Belli@ s asked if Council could award to the next individual. There is only $500 difference In the next bid. Atty. Rogers noted we do not have s local preference law. Public Works Director Kornelis added, we do not have the right to reject for local preference. Atty. Rogers explained the problem with local preference was delineating boundaries. He is watching to one what the State will do with this, they are being challenged. Cdsnellwoman Rallis said this bothered her, they owed more then this to their constituents. Mayor Wagoner noted this is the 2nd time someone he missed by a small amount. Public Works Director Kornelle sold the deadline is in 60 days. MOTION, Tables Councilmon Mescien moved, seconded by Councilwoman Monfort to table this item till the next aseting and ask the attorney to look at rejecting the low bid and accepting the next higher bid. VOTE, Table (Pessed)t Yess Hall, Hassles, Monfor, Nice, Ackerly, Rollie Nos Wagoner '{a �e d r KENAI CITY COUNCIL MAY 14, 1985 Page 6 C-11 Res. 85-52 - Establishing Airport Terminal Lease Rates & Fee Schedule MOTION: Councilmen Ackerly moved, seconded by Councilmen Measles, to adopt the resolution. There was no public comment. Atty. Rogers explained other airports are $1.85, this is below that. This does not relate to request -for -proposals. Thin would be the minimum if we go to a bid situation. Finance Director Brown noted he told Council at budget hearings we were not contemplating raining rates. Atty. Rogers said this was to raise rates to meet inflation. Councilman Ackerly asked if we needed additional money to operate the airport. Finance Director Brown replied no, It was not a Finance Dept. suggestion, we can operate under the old rates. Airport Manager Ernst explained the old schedule had rates broken down. This was to simplify the square footage process. We need to make a rate before Juno 30 and till the new system is in place. Mayor Wagoner said there is no reason why the City cannot make a profit. Airport Manager Ernst added, repair costs are going up. Councilman Wise asked if they were planning to charge busses? Mr. Ernst replied, not at this time. Councilman Wise suggested finding out what they do in Anchorage. Mayor Wagoner said the request -far -proposal is written with no distinction. Councilmen Wise said he would like it to apply for limos and buses. MOTION, Amendments Councilman Wise moved, seconded by Councilwomen Bailie, to amend the resolution to road, under lease rates/fee schedule, 3rd item, change "rental cars and" to "vehicles for hire and." VOTE, Amendments Motion passed by unanimous consent. Councilman Measles noted the rate was lower than any in the City, even without custodial services. Mayor Wagoner said going out for bid fixes this for 3 years. Councilman Ackerly asked, how big is the airport? Mr. Ernst replied, about 22,000 sq. ft. Mayor Wagoner noted some of that is not maintained by janitorial service. MOTION, Amendments Councilman Measles moved, seconded by Councilwoman Monfor, to amend ! the resolution by changing the lease space rate from $1.35 to $1.50. Mr. Ernst reviewed other cities, the average is about $1.85 per sq. ft. MOTION, Changes Councilman Measles moved, with consent of second, to change the amount to $1.65. Councilman Ackerly said we should not do this without knowing the figure. Atty. Rogers said traditionally this is for one year, they are thinking of 3 year period, this will not dictate the request -for -proposal, but will dictate if this is extended. Mr. Ernst said he contacted uetchikan and Sitka but did not get a reply. Juneau Is comparable size. Finance Director grown said we have a total of $229,000 at the old rate and can afford that. Councilman Wise suggested we should establish a reserve fond. To go after additional revenue without reason is not rational. The Federal Government will not pay increased rates without a reason. Mayor Wagoner felt we should have a reserve fund but with our bond situation as it to we should burl. Out we stouid have a reserve for wall repairs. Councilman Ackerly noted we have $14,000 depreciation, $5,000 ' r � 1 � 1 I I KENAI CITY COUNCIL MAY 14, 1985 Pago 7 improvements to building, $58,O0O contingency that were not in last year's budget. Mr. Ernst reviewed, the aiding to $5,000, the railing is $3,700 (charged to renovation of terminal fund). VOTE, Amendment (Failed)s Yes$ Measles, Nonfor, Bailie Nos Hall, Wise, Wagoner, Ackeriy MOTION, Tables Councilman Ackerly moved, seconded by Councilwoman Sallie, to table the resolution. Motion passed by unanimous consent. C-12 Application for New Liquor License - Paekage Store - Merit Inn Approved by Consent Agenda. G-16 Vacation of Public Use Access Easement - Govt. Lots 34 6 35, off Spruce St. Mayor Wagoner requested this item be moved up, as persons testifying have to return to Anchorage this date. Council agreed to the sot ion. MOTIONs Councilwoman Bailie moved, seconded by Councilman Measles, to approve the vacation request. Land Manager Labahn explained there is a total vacation of 30 ft. The Borough has requested retainage of 10 ft. utility easement for Enstar. NOTION, Additions Councilwoman Bailie moved, with consent of second, to add to the motion, "with a 10 ft. easement." PUBLIC COMMENT: a. Hickey Selhay, 1741 W. 79th Ave., Anchorage. He asked Council not to vacate the easement. It would landlock Section 34. He owns that lot, it would eliminate any sale or development. His; r trailer court is on lots 27, 28, 29, 32, 33 and 34. There is a 30 ft. easement on lot 34. If lot 35 easement to vacated, he could not develop lot 34. He would have to shorten his other Into) for Mcega. r^encilm" Hall 3!kel if he is using lot 34. Mr. Selhay replied, he has trailers there. There is a road between lots 39 and 29. there is a gate across Spruce St., but he can remove it. The people in trailers come in by the main entrance at Spur. The reason it was fenced off was because of vandalism and speeders. Mayor Wagoner noted he could provide access through his other lots. Mr. Selhey asked, why should he provide access whan he already has it? What if he wanted to sell lot 347 Councilman Wise said if the vacation is approved, the part in lot 35 would revert to the Church. The part not originally addressed by the Church would revert to the owners. He asked If there were fees involved, or a title transfer in the easement. Mr. Selhay replied, the records are confusing. Atty. Rogers explained, unless Council takes affirmative action, they acquiesce to the Borough. Mr. Selhay said he was not at the Borough Planning meeting. r� } i i I a ti Iwjru�r....:. ;... i4 a..M..c j�rn . ba. r, :. •.. ..• ., -r.+.. - - - '. �«�. i J � 1 I KENAI CITY COUNCIL MAY 14, 1985 Page 8 b. Harold Kernan, Anchor Trailer Court Manager. He attended the Borough Planning meeting, but did not testify. Atty. Rogers stated he spoke on behalf of Mr. Wilhelm. Mr. Selhay said this is his partner. 71 c. John Williams, representing the Catholic Church. They have had the request for several years. 30 ft. was given to the City to act as enlarging of the existing easement , in order to access lot 34 when apartments were there. The apartments burned down. The trailer court assumed ownership with the easement. 15 ft. was reserved by the City. The trailer court was sold to the present owners. They have barred use of the 30 ft. for public access and part of the 15 ft. has trailers. The Church had a survey done. There are trailers on the 15 ft. and on Spruce. Lot 34 will not be landlocked because of the 15 ft. that still J exists. He does not know if Enster is within the 30 ft. or the J 15 ft. The owners of the trailer court requested a survey excluding the 30 ft. easement. They are not using the 30 ft. for Its original use. The Church is asking the 30 ft. be given back to them as the trailer court owners have no use for it. Mayor Wagoner explained the location of the trailer courts is a I civil matter. I VOTE (Passed): Yess Monfor, Wise, Wagoner, Ackerly, Bailie . Not Hall, Measles D. MINUTES _ J w i D-1 Regular Meeting, May It 1985 ! Clerk Whelan asked that page 1, item A-1b, the resolution number is 85-45. , MOTIONS Councilman Ackerly moved, seconded by Councilman Vice, to approve the t I minutes as corrected. Motion passed by unanimous consent. 1 E. CORRESPONDENCE I None Ff OLD BUSINESS None 0. NEW BUSINESS 0-1 Bills to be Paid, Bills to be Ratified MOTION$ I Councilman Measles moved, seconded by Councilman Wise, to approve the bills as submitted. Motion passed by unanimous consent. I 0-2 Requisitions Exceeding $1,000 MOTIONS I Councilman Measles moved, seconded by Councilman Aise, to approve the requisitions as submitted. Motion passed by unanimous consent. I j 1 i P) D KENAI CITY COUNCIL MAV 14, 1985 Page 9 G-3 Ord. 1040-85 - Amending KMC - Certification Pay - EMT Paramedics Approved by Consent Agenda. G-4 Ord. 1041-85 - Amending KMC - New Position, Asst. City Attorney; Change Pay Range, Legal Asst. MOTION: Councilmen Measles moved, seconded by Councilwoman Rallis, to Introduce the ordinance. Councilwoman Bailie congratulated Legal Assistant Callahan for passing his bar exam. He has done a fine job. Regarding assistant attorneys in the State. Anchorage, Fairbanks and Juneau do not have assistant attorneys. Several cities do not have attorneys - Hamer, Seward, Soldotno. Ketchikon shares with the Borough. Each city has a clerk and an assistant, one clerk had a secretary. This attorney has a full time secretary, the Land Manager has many responsibilities of the Attorney. The Administrative Assistant does all leases that the Attorney does not do. She would like to fund this position, but there are other areas that need to be funded firsts a deputy clerk or a secretary for the Clerk. The Clerk has to do her own secretarial duties. Some time we will be ready for an assistant attorney. Mayor Wagoner said Council hires an administrator to recommend the support we need. Council should not get into deciding what positions we need. He would accept a comparlson of cities, but he did not think Council should say what support Administration needs. The City is the largest land holder in the State. Some cities also do not operate their airports. Councilwoman Bailie noted with this position the legal salaries are $150,000. She has had phone calls asking why we have to fund this kind of salary amount. Petersburg pays $63,000, Juneau pays $65,000. When we create a position we never delete it. Councilman Measles said if Administration recommends an addition and Council says we do not need one but need another, they are wrong. VOTE (Failed) Yess Hall, Measles, Wagoner Nos Monfor, Wise, Aekerly, Bailie 04 Ord. 1043-85 - Replacing Salary Structure 8 Hourly Rates in Personnel Regulations Approved by Consent Agenda. Gf6 Ord. 1045-85 - Amending KMC - Change Pay Range - Librarian 8 Senior Citizen Coordinator MOTION$ Councilman Ackerly moved, seconded by Councilwoman Bailie, to Introduce the ordinance. VOTE (Failed), Yost Monfor, Bailie Not Hall, Measles, Wise, Wagoner, Aekerly G-7 Ord. 1046-85 - Amending KMC - Change Pay Range - Communications Supervisor MOTIONS Councilwoman Bailie moved, aeeonded by Councilman Measles, to Introduce the ordinance. Councilwoman Bailie explained, this is a new position from last year. It is supervising 6 dispatchers. She will receive less than the people under her. She took a cut in pay to be hired. She, hoe i� KENAI CITY COUNCIL HAY 14, 1985 Page 10 continued school at her own cost. If dispatchers make a mistake it can be tragic, it is not an easy job. Councilman Wise noted because of the work week change, the hourly rate went up. NOTION, Amendments Councilman Wise moved, seconded by Councilwoman Bailie, to amend the ordinance, Section tc, delete numbers 308, 309, 310; and change #313 range from 10 to 11 in the 2nd WHEREAS and Section tc. City Manager Brighton noted there are no correctional officers in the budget. Police Chief Ross explained he had recommended moving the Communications Supv. from 10 to 12 and dispatchers from 8 to 9 based on a 42 hour work week. He had no problem with 11, he just wanted more difference between supervisor and dispatcher. In one year the supervisor would make lose than all the dispatchers. He had no problem with deleting the correctional officers. VOTE, Amendment (Passed)s Yess Hall, Measles, Wise, Wagoner, Ackerly, Bailie Not Monfor VOTE, Main Motion as Amendeds Notion passed by unanimous consent. G-6 Ord. 1047-85 - Amending KMC - Increase Uniform Allowance - Fire Dept. G-9 Ord. 1048-85 - Adopting Budget, 1985-86 G-10 Ord. 1049-85 - Transfer of Appropriations, Revenue h Account Balance in Aliak, McCollum Capital Project Fund to Special Assessment Fund G-11 Ord. 1050-85 - Increasing Rev/Appns - Senior Citizen - $69 Approved by Consent Agenda. G-12 Ord. 1051-85 - Finding City -Owned Lands Not Needed for Public Purpose - Walkowski-DeLand S/D MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to introduce the ordinance. Land Manager Labahn requested postponement, there is conflicting information. MOTION, Tables Councilman Wise moved, seconded by Councilman Hall, to table the ordinance. Notion passed unanimously by roll call vote. G-13 Ord. 1052-85 - Amending KNC - Sign Code NOTION, Tables Councilman Ackerly moved, seconded by Councilman Measles, to table the ordinance . Notion passed unanimously by roll call vote. G-14 Vacation of Section Line Easement - Etolin S/D MOIIONs , Councilman Hall moved, seconded by Councilman Ackerly, to approve the action of the Borough. Notion passed by unanimous consent. .. I KENAI CITY COUNCIL MAY 14, 1985 Page it G-15 Vacation of Utility Easement - Sprucewood Glen S/D MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to approve the vacation request. Public Works Director Kornelis said we have water & sewer line easements, water is coming into the duploxes. He would like an agreement that the City will not be responsible for the main lines. Mayor Wagoner suggested a legal document attached to the agreement. Motion passed by unanimous consent. G-17 Lease Application - Fred Meyer Real Estate - CIIAP MOTIONS Councilman Measles moved, seconded by Councilman Hall, to approve the lease application. Councilman Ackerly asked if the application was complete. Land Manager Labahn replied, it is from the standpoint that we have a working site plan. The final site plan will have to be submitted prior to construction, but could be turned in after the lease is executed, to be reviewed by Administration, P&Z and Council. Councilman Ackerly asked if this was standard operating procedure. Mr. Labahn replied, in most instances we have a final site plan before the lease is signed. Councilman Ackerly asked if the appraisal is current at $1.82. Mr. Labahn replied yes, there are two tracts involved. The expiration date on one is 30-45 days, the other is 4-1/2 months. Councilman Ackerly noted that is $.64 difference in return based on fair market value. Mayor Wagoner explained the property has not been requested to be released for sale by FAA. The appraisals are for lease, not for purchase. Mr. Labahn noted the 6 months' validity is fsr sale or lease. Mayor Wagoner said we cannot sell till we have FAA approval. one will run out before FAA approval, it will have to be reappraised. He would like to ask Fred Mayer to give Council a detailed site plan in 30 days. Mr. Labahn replied, this is a little ambitious but the intent is good, Mayor Wagoner said we can call and ask for it as coon as possible. Councilmen Ackerly asked to abstain from voting because of possible pending litigation. VOTE (Passed): Yess Hall, Measles, Monfor, Wise, Wagoner, Bailie Councilman Ackerly abstained. Councilman Wise said we are treating Fred Meyer different than other people. We are approving a lease before we have data. Mayor Wagoner explained, this is a concept lease. We do not approve a lease till Administration drafts. Councilman Wise asked, what is a concept lease? He considers this a regular lease. We are approving a lease without supporting documents. It is a change of policy of accepting a lease proposal without a site plan. City Manager Brighton said this is a procedure we use in almost all cases in order to get the feeling of P&Z and Council. It is not signed by the City till the site plan j goes to P&Z and Council. Mr. Labahn added, P&Z recommends the City �J enter into the signed lease agreement with the stipulation of submittal of an approved site plan prior to construction. Councilman Wise said the concept Jesse was to get the feel of lands that could not be identified legally - part of a larger tract, it could not be surveyed or appraised. In this case the lend is identifiable. If we are using this as a concept lease, it is unfair to take it off the market. Mayor Wagoner said we may be approving the lease but just 1 e � I KENAI CITY COUNCIL MAY 14, 1985 Page 12 directing Administration to prepare a lease. This is not a lease. Councilman Wise said this is authorizing Administration to execute the lease. City Manager Brighton said Council approves the lease prior to executing. Councilman Wise replied, Council authorizes the lease to be executed when Administration gets it prepared. Council never sees it again, they should not have to. Mayor Wagoner noted only amendments and assignments come back to Council. G-18 Lease Amendment - James Doyle - Trailer Parking, Gusty S/D MOTION, Tables Councilman Ackerly moved, seconded by Councilwoman Bailie, to table action an the request. Motion passed unanimously by roll call vote. G-20 Discussion - Selection of Engineers Public Works Director Kornelis said he developed a system of requests -for -proposals. Engineer LaShot is suggesting a different method of bidding instead of the present method. Councilman Ackerly noted we had agreed with the engineers that we would set up a program proposal. Mayor Wagoner stated some of the recommendations Council has received were unfounded and they did not feel were made with sound judgement. Councilman Ackerly said the engineers said they would sit down and write up proposals. He had thought something would be initiated. Public Works Director Karnelis said they are trying to get something for Inlet Woods for the next meeting. There used to be a Public Works Committee but Council does not use it any more. Administration is in such a hurry they do not take the time to review. Mayor Wagoner said Council wanted an in-depth review by Public Works, recent ones have not been in depth. Councilman Wise said the big problem was in design review, Council did not have a report from Public Works an what we should look for. There was no explanation an the spread sheet. Mayor Wagoner suggested discussing this further at the next work session. Council agreed to the suggestion. H-5 Salaries - City Manager, City Attorney, City Clerk Council agreed to discuss at this time. MOTIONS r Councilman Measles moved, seconded by Councilman Hall, to approve the memo of the Finance Director dated May 8, 1985 regarding sslariee. VOTE (Passed)s Yess Hall, Measles, Monfor, Wise, Wagoner Not Ackerly, Bailie H. REPORTS H-1 City Manager City Manager Brighton reported an State Legislature action. There is a total of $9-1/2 Million on the Peninsula - Kenai, $2.4 Million for roads & projects. $250,000 for the Pioneer Home and $5,GO0 for the Vietnam Vets. Roads & Projects means it is open ended, local communities can decide how to spend. The Borough has $5 Million for roads and the Borough does not have road powers. -Mayor Wagoner noted the Governor can still veto. City Manager Brighton said Kenai has been better prepared than anybody else for their requests. The Legislature took $3-1/2 Million out of the Governor's budget. r 161 11) J KENAI CITY COUNCIL MAY 14, 1985 Page 13 H-2 Attorney None H-3 Mayor Mayor Wagoner spoke. a. He liked the looks of the new bowling alley. The leagues are full, they have ordered additional lanes. He naked Administration to contact Mr. Church for an up -date on schedule to finish the exterior. b. Councilman Wine noted the street lights are off where the new stop light is located, it is dangerous. H-4 City Clerk Clerk Whelan spoke. a. Thero is a letter in the packet from the Borough regarding Little Ski -No, their taxes are paid in full and the Borough is withdrawing their objection for renewal of liquor license. If Council concern, she will send a letter of non -objection to ABC regarding this item. Council had no objection. b. there is a letter from HCl Consultants in the packet, the central filing system and retention schedule are complete. H-5 Finance Director finance Director Brown referred to the memo in the packet regarding the Alisk/McCollum project. They had hoped for $855,000 DEC grant. They were short $182,000, now they are short $827#000. They will have to use $357,000 City money to complete. City Manager Brighton explained, DEC woo not funded, they did not want 50-50 money, they want 100% funding and got it. Mayor Wagoner noted there was a suggestion at the public hearing of diminishing the size of the project. He asked Public Works Director Kornelis to look into this. Finance Director Brown explained, we did not put City money into engineering, all money In the project is State. $357,000 would be the only City money In the project. Public Works Director Kornelia explained, the prices are McLane estimates from some time ago, we as getting better prices now. He plans on bidding with alternates. M-6 Planning h Zoning t None H-7 Harbor Commioolon Nora M-8 Recreation Comratasion Councilwoman Rollie noted after May 15 there will be a $2 charge for the gym, she was told it wan because of the cannery workers. One individual suggested as a taxpayer she should not pay, but the cannery workers should be charged more. Also, would resident cards be a solution? Recreation Director McGillivray replied, this is a gym fee that woo set up last year. They can buy a card for a 2 months pass at a nominal fee. It does not give them access to saunas, hot tube or racquetball. Resident cards have been disanosed by the Rae Commission. Mayor Wagoner auggeotod everybody should pay, as they do for racquetball. a T, � f 1 KENAI CITY COUNCIL MAY 14, 1985 Page 14 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I-1 Mayor Wagoner asked if Council wished to discuss local preference bids. Council took no.action. I-2 Councilwoman Bailie suggested the City adopt an affirmative action plan. She has obtained the Anchorage plan. Mayor Wagoner asked if Council wished a review of personnel policies. Councilwoman Bailie noted the Human Rights Commission suggested this as a start. Councilwoman Monfor suggested the City have a study on equity and equality on jobs and pay. Council took no action. I-3 Councilman Acltwly and Councilwoman Bailie will be absent for the June 5 andoff meetings. AD30URNWNT 1 l Meeting adjourned at 11 s20 PM. 3anst Whelan City Clerk s .J 1 • I 1 1 1 1 l 1 327 TWO III. � MA�'1985 � 1 19071 262-9005 COVAIMMBOX 4665 � KENAI, AK. 99611 May 109 1985 Attns Mr. Bill Brighton City of Kenai 210 Fidalgo Street Kenal, Alaska 99611 Dear Mr. Brightont Enciosed,'piease find a copy of our May specials that may be of Interest to you in the promotion of the Kenai Recreation Center. At this time, we are offering to do the production of commercials at absolutely no charge, a $300 - $500 dollar value, with a minimum committment of $300 advertising time. i �1 This same commercial could be used at a later date, unless you needed some other copy. Even then, the cost of re -making the commercial would be minimal. You might also consider these same special offers in connection J. with other promotions that you might be considering. Additionally, please be aware that we have the capability of tr doing photo, video and audio production work, either in studio or on location. We can produce promotional or educational video # tapes of almost any length, or audio-visual programs of your choice, and at a cost that is surprisingly reasonable. r' t If we can be of service, please call us. �. Very truly yours$ 0. Kendall Wilder V.P./Oen. Mgr. --�` ENCLOSURE f - OKW/me STUDIOS It TSL ICED DIAMOTD CZNTZR..;;ti . 11 � . 4 ' i 1" k 4 BIM TWO s. (207) 262-9005 BOX 4665 KENAI, AK. 99611 M A Y S P E C I A L S ALL PRODUCTION CHARGES OF THE BELOW SPECIALS ARE WAIVERED AND TV-17 WILL PRODUCE A QUALITY COMMERICIAL THAT CAN BE AIRED AT A LATER TIME WITH NO (OR MINIMAL) MODIFICATION. THIS PRODUCTION WITHOUT CHARGE WILL BE OFFERED ONLY TO THOSE ADVERTISERS WITHIN THE VIEWING AREA OF COMMUNITY TV, INC. SPECIAL NUMBER ONES $300.00 TWO WEEKS, ONE 30 SEC. SPOT PER WEEK DAY (TOTAL 10 SPOTS) I t: SPECIAL NUMBER TWOs $420.00 TWO WEEKS, ONE 30 SEC. SPOT PER DAY (TOTAL 14 SPOTS) SPECIAL NUMBER THREES $1200.00 a' FOUR WEEKS, TWO 30 SEC. SPOT PER WEEK DAY **PLUS** ONE FREE WEEK (TOTAL OF 50 SPOTS) .i Reminders All production charges ABSOLUTELY FREE, a $300 i $500 value. Unless customer specifies, this i commercial can be used at a later date with no (or minimal) change. STUDIOS IN THE RED DIAMOND CUTER i U i 7 R iJ- i i i i i I - ' I i I i ' I i May 23, 1985 n i• ., c. ,. Mr. Tom Wagoner, mayor 's A City of Kenai 210 Fidalgo Street ��ry Kenai, Alaska 99611 Dear Mr. Wagoner, During a teleconference of the Governor's Advisory Council on Libraries yesterday members were gratified to learn of recent improvements to library service in the City of Kenai. In an unanimous vote we recorded our appreciation for your government's interest in and support of the public library. • J The Council keeps up with programs all over the state, and we are aware of tightening budgets; therefore, we are doubly heartened when we learn of communities that continue to improve and upgrade libraries. ' Please accept our congratulations to you, your City Council, and supporters who are instrumental in bringing about this fine service. Keep up the good work. t I Yours truly, 1 -� lam w • Doris Ward, chair i Governor's Advisory MW Council on Libraries i 8014 � t �T _ f y. r, I Qe .. T=�S- __ ___4�Y4J%�-�' ..�✓.�w_..-<aKc'vm.�_�..-..�.-. - __ -._-.-�..--s_.�_[..,.a_...s�_......��.....-�_�:T���.��—z_=. . _- .�tl i i i r REPLY lO DEPARTMENT OF CORRECTIONS POUCH 1 JUNEAU, ALASKA 998f t PHONE (907) 465.3376 ��9.��111P 131q� May 13, 1985 •- v The Honorable Tom Wagoner, Mayor City of Kenai 210 Fidalgo 'V" Kenai, AK 99611 Dear Mayor Wagoner: I have received a copy of Kenai Resolution 85-46 which requests the Legislature to fund additional staff for the Wildwood Correctional Center. We are aware of the need for additional staff at WWCC, however, because of the significant decrease in revenue, the Legislature did not fund any new Correctional Officer positions for us anywhere in the State. Even the positions for the Anvil Mountain Correctional Center in Nome, which will open in September, were cut from the budget. If and when we are able to close the Third Avenue and Ridgeview, operations in Anchorage, we have been given legislative approval to move staff positions from those two facilities to Anvil Mountain and wherever else we most need them. Further, we will of necessity need to cut our overtime hours significantly statewide. Now that the legislative session is over, we are at work trying to balance our personnel needs with our more limited resources. Our only options appear to be to consolidate our resources by creating fewer but larger correctional centers and transferring both staff and inmates from at least two institutions to other remaining facilities. We will more than likely also be forced to return to three eight -hour shifts rather than the present week on, week off 12-hour shifts across the State. Public Safety will not be impaired, but we will be making numerous personnel adjustments over the coming months. Thank you for your interest. s St ly, r 4e9er V d 1 Commissioner RVE: cc i lam; cc: Deputy Commissioners -i Special Assistants { Directors Superintendent Russ Moody 1 20.OILH ,4 i , I r, Offiolai Business 211a aka Otate Regtoiature Senator Edna OoVrlac, Chalrmiti senate Members: Aenator Ferguson. Vice Chairman Senator Coghill Senator Sturoulewski Senator V Fiacner Committee on Pouct.V Communf tp anb ltegf onaC affaf ric Juneau. AlaskaMil r5�17.1:3r..�;_ May 11, 1985 �,'�' Q to 2•• Mayor Ton Wagoner City of Kenai 210 Fidalgo r„ Kenai, AK 99611 Dear Mayor Wagoners Senate Bill 244 which has been introduced in the Legislature, provides for a funding cycle of two years for municipal assistance. The bill also has provisions to make up any shortfall in legislative funding for municipal assistance out of the undistributed income account of the Alaska Permanent Fund. I plan to hold hearings on SB 244 during the interim and would be interested in any oomments you may have on the bill. Also, if you feel there is sufficient interest in your area, I will try to include your town in a teleconference hearing. The revisions to Title 29, HS 72, have passed the Senate and the House. If this bill becomes law this year, I will be happy to work with you on any suggested changes you would like in specific sections of the new Title. r I am attaching a copy of SB 306 which proposes changes in the regulation of taxicabs. I would be interested in your comments on the bill. I am also attaching a copy of some revisions to the regulations on municipal assessment. Sincerely, $eollllol Edna DeVries Senator EDsymsta JEnclosures s =_ i v y Introduced: 3/21/85 Referred: Community 6 Regional Affairs and Finance r.y 1 IN THE SENATE BY COGHILL 2 SENATE BILL NO. 244 3 IN THE LEGISLATURE OF THE STATE OF ALASKA 4 FOURTEENTH LEGISLATURE - FIRST SESSION S A BILL 6 For an Act entitled. "An Act relating to the use of funds from the undis- 7 tributed income account in the Alaska permanent fund . 8 for certain municipal aid programs, establishing a 9 two-year funding cycle; and providing for an effec- 10 tive data." 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 * Section 1. AS 29.95 is amended by adding a now section to read: 13 Sec. 29.95.005. TWO-YEAR FUNDING CYCLE. (a) Entitlements under 14 AS 29.88, AS 29.89.010 - 29.89.100, AS 29.95.020, and sec. 9, ch. 95, 15 SLA 1983, shall be estimated by the Department of Community and 16 Regional Affairs based on a funding cycle of two fiscal years and 17 recomputed each fiscal year. Legislative appropriations to carry out 18 the provisions of AS 29.88, AS 29.89.010 - 29.89.100, AS 29.95.020, 19 and too. 9, ch. 95, SLA 1983, shall be made for a period of two fiscal 20 years. 21 (b) By January 15 of each fiscal year, the commissioner of 22 revenue shall transfer from the undistributed income account in the 23 Alaska permanent fund (AS 37.13.145) to the Department of Community 24 and Regional Affairs an amount, determined by the commissioner of 25 community and regional affairs, sufficient to fully fund the entitle- 26 ments under AS 29.88, AS 29.89.010 - 29.80.100, AS 29.95.020, and sec. 27 9, ch. 95, SLA 1983. 28 Sec. 2. AS 29.95.010 is amended to read: 29 Sec. 29.95.010. ALLOCATION AND DISTRIBUTION. (a) Every two .I- SB 244 f i I V 0 1 fiscal Years [EACH YEAR]. the Department of Community and Regional 2 Affairs shall allocate money appropriated to the acrounto established 3 in AS 29.88 and -A [.] 29.89.010 - 29.89.100. and for payments under 4 sec. 9. ch. 95. SLA 1983•,• [FORMER AS 29.903 in the amounts determined 5 by the legislature. 6 (b) Money in the miscellaneous services account established in 7 AS 29.89.080 that [WHICH] exceeds the amount required to fully fund 8 distributions authorized by AS 29.89.010 - 29.89.100 during the two- 9 Year funding cycle shall be reallocated to the tax equalization ac- 10 count established in AS 29.88.035 and distributed according to the 11 provisions of A6 29.88. 12 (c) Money allocated for Payments under sec. 9. ch. 95, SLA 13 1983. that [IN THE HOSPITAL CONSTRUCTION ASSISTANCE ACCOUNT ESTAB- 14 LISHED IN FORMER AS 29.90.020 WHICH] exceeds the amount required to i5 fully fund distributions authorized during the two-year funding cycle 16 [BY FORMER AS 29.90] shall be reallocated to the tax equalization 17 account established in AS 29.88.035 and distributed according to the 18 provisions of AS 29.68. 19 a Sec. 3. AS 29.95.010 is amended by adding a new subsection to read: 20 (d) if money allocated or reallocated under this section is not 21 sufficient to fully fund all entitlements under AS 29.88, AS 29.89.- 22 010 - 29.89.100, AS 29.95.020. and sec. 9, ch. 95, SLA 1983, during a 23 fiscal year, the commissioner of community and regional affairs shall 24 by January 1 of that year notify the commissioner of revenue and 25 request the transfer of additional money under AS 29.95.005. 26 a Sec. 4. AS 43.20.016(a) is amended to read: 27 (a) There is established within the department the municipal 28 assistance fund. The legislature may appropriate to the fund [DURING 29 EACH FISCAL YEAR] an amount equal to or greater than 30 percent of the SB 244 -2- • 1 I a *I I a I income tax revenue received by the state under AS 43.20.011(e) for the 2 previous two fiscal years [YEAR]. Legislative appropriations shall be 3 made for a period of two fiscal years. The department shall distrib- 4 ute money from the fund to each municipality [ORGANIZED BOROUGH AND 5 EACH CITY] of any class on an annual basis as provided in (b) and (c) 6 of this section. A municipality [BOROUGH OR CITY] may not receive 7 payment under (b) or (c) of this section until it submits to the. a department a resolution approved by the governing body of the munic- 9 ipality that requests the funds. Distribution of money from the fund 10 to a municipality [CITY OR ORGANIZED BOROUGH] with a fiscal year 11 beginning on January 1 shall be made on February 1 [OF THE STATE 12 FISCAL YEAR FOR WHICH THE APPROPRIATION TO THE FUND IS MADE]. Dis- 13 tribution of money from the fund to all other municipalities [CITIES 14 AND ORGANIZED BOROUGHS] shall be made on June 1 [OF THE STATE FISCAL 15 YEAR FOR WHICH THE APPROPRIATION TO THE FUND IS MADE]. A municipality 16 [BOROUGH OR CITY] that incorporates after December 31 [OF A STATE 17 FISCAL YEAR] is not eligible for a distribution under this section 18 until the following state fiscal year. 19 a Sec. 5. AS 43.20.016(b) is amended to read: 20 (b) The base amount to be distributed from the municipal assis- 21 tance fund to each municipality shall be estimated based on a funding 22 cycle of two fiscal years and recomputed each fiscal year. The base 23 amount to be distributed from the fund to each municipality each 24 [BOROUGH AND CITY FOR THE] fiscal year shall be the amount received by 25 that municipality [THE BOROUGH OR CITY] during fiscal year 1978 under 26 AS 43.70.080 [; HOWEVER. IF THE AMOUNT APPROPRIATED TO THE FUND BY T:IE 27 LEGISLATURE UNDER (a) OF THIS SECTION IS INSUFFICIENT FOR DISTRIBUTION 28 OF THE FULL BASE AMOUNT, THE DEPARTMENT SHALL PRORATE THE AMOUNT 29 AVAILABLE FOR DISTRIBUTION ON THE BASIS OF AMOUNTS RECEIVED DURING -3- SB 244 n I FISCAL YEAR 1978 UNDER AS 43.70.080). A city incorporated within an 2 organized borough after June 30. 1977 shall receive as a base amount a 3 share of the amount distributed to the borough in which it is located 4 based on the ratio of population in the city to the total population 5 in the borough. A city incorporated outside an organized borough 6 after June 30, 1977 shall receive as a base amount the amount received 7 by the city in the state most closely approximating it in population 8 at the time of its incorporation. A borough incorporated after 9 June 30, 1977 shall receive as a base amount the amount received by 10 the borough in the state most closely approximating it in population 11 at the time of its incorporation. 12 See. 6. AS 43.20.016(c) is amended to read: 13 (c) If the amount in the municipal assistance fund is not suffi- 14 cient to fully fund all base amounts computed under (b) of this sec- 15 tion and due to be distributed under (a) of this section, the commis- 16 sioner of revenue shall transfer from the undistributed income account 17 in the Alaska permanent fund (AS 37.13.145) an amount sufficient to 18 fully fund the base amounts. If the amount in the fund at the time of 19 the last distribution during a two-year funding cycle exceeds the base 20 amounts [AMOUNT] to be distributed [UNDER (b) OF THIS SECTION], the 21 excess amount shall be distributed to each municipality [BOROUGH AND 22 CITY] on the basis of population. For the purpose of this subsection, 23 the population of a city within an organized borough shall be deducted 24 from the population of the borough. Population, for the purpose of 25 this section, shall be as certified by the commissioner of community 26 and regional affairs. 27 a Sec. 7. The initial two-year funding cycles for municipal aid pro- 28 grams required by this Act begin July 1, 1985. 29 a Sec. 8. This Act takes effect immediately in accordance with 88 244 -4- t A �,, Jr,• � ' h � i F ,�� �I f f' I •, ti I � t 'I ' I, . / Register 1985 COYIWITY G REGIONAL AFFAIRS 19 AAC 39.010 19 AAC 39.020 CHAPTER 39. ERRORS IN MUNICIPAL ASSESSMENT, VALUATION OR TAXATION P.ECORDS. y Section 10. Inspection of records 20. Notice of errors found 30. Appeal 90. Definitions aasesior Maay3inspect municipalOF records deaiingawithhassessment, valuation or taxation. been done by a pprivateacontractor# recordaneoncerningnthevas- sessmant and valuation must be made available toe the state as- sessor on request. pality s assessment, valuation,aOretaxationrproceduresaisusub- . mitted to the state assessor, the state assessor may investi- gate complaint at hhasatntaoassessor willegMation is d 30 days notice to the municipal assessor stating the nature of the complaint and the state assessor's intention to investigate the complaint. The municipal assessor may participate in the review process- (Eff- / / , Register ) Authoritys AS 29.53.103 AS 44.47.050(19) AS 44.47.980 �, 4• followings a review.ofNmunicipalERRORS records0d alin(a) Immediately•' meet- valuation or taxation, the state assessor will discuss with the municipal assessor any errors found in the course of f the review. (irie Major errors teilipltmsesen,fluoveedinhcunLeaiysassmtva- ation, or taxation records. The major error will be resolved in the manner described in Cc) or (d) of this section, in the state assessor's discretion. major(errorhverballyte aandswork with municipalityiinformally to Correct the problem. major(errorhayscertifiedsmail�return an official which will contain at least the foliowing informations and (1) a brief description of the major error founds major error2before thetbeginning olutheinexttfiscaloyear. the (riptiyctieeeci error unde(d)ofhsseonmustcorrtitofamaesmajor -1- , i Register . 1985 COMMUNITY s REGIONAL AFFAIRS 19 AAC 39.030 19 AAC 39.090 before the beginning of the municipality's next fiscal year. (f) The state assessor will provide a copy of all notices of major errors issued under (d) of this section to the commis- sioner and to the Alaska association of assessing officers. (Eff. / / , Register ) Authority,, AS 29.53.105 AS 44.47.050(19) AS 44.47.980 19 AAC 39.030. APPEAL. (a) If a municipality elects to appeal a determination by the state assessor that it has made a major error in assessment, valuation, or taxation procedures, it must file its appeal with the commissioner within 30 days after receipt of the notice of the major error. The municipal- ity must also provide a copy of its appeal to the Alaska asso- ciation of assessing officers. (b) In deciding the appeal, the commissioner will consult with the Alaska association of assessing officers and may con- sult with others at the commissioner's discretion. (c) Within 60 days after receipt of the appeal, the com- missioner will sand a decision by certified mail, return re- esipt requested, to the municipality. In addition, the comis- sioner will sand a copy of the decision to the Alaska associa- tion of assessing officers. If the commissioner determines that a major error has been made in the municipality's asaess- msnt, valuation, or taxation procedures, the commiasione: will Notify the municipality of the changes that must be made. The municipality must correct its procedures before the beginning Of the next fiscal year. (Eff. / / , Register ) Authority: AS 29,53.105 AS 44.47.050(19) AS 44.47.980 19 AAC 39.090. DEFINITIONS. As used in this chapter, (1) "commissioner" means the commissioner of the Department of Community and Regional Affairs and (2) "major error" means a violation of federal, state or municipal property tax law; (3) "state assessor" means the state assesses in the Department of Community and Regional AffairR, or a designee from the office of the state assessor. (Eff. / / , Regis- ter ) Authority: AS 29.53.105 -2- � v I/ 1 i { cl 'J 1 MIS .ter - ,:��..: „rst;.;,::t.•; • Ir i ,,,; - h •{+_'tic's' a J .n Official Business .2rada btate legiorature Senator Edna Oowes, Chairman benate Memnon Sonetor fupueon. Vice Chairman Senator Coghii: senator Sturgulewski Senator V Fischer (� �Irommittee on fouehV Communitp ana Aegionai Affairs Juneau. Ales1ae119811 May 7, 1985 ^; : v is Mayor Tom Wagoner City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mayor Wagoners Attached are two bills that will impact local government if they beowe law. House Bill 226 changes the present provisions for electing school board members (see Sec. 4 of the bill). Senate Bill 306 changes the present law as it relates to taxicabs and vehicles for hire. Please look these two bills over and send me any caa mts you may have on the provisions they contain. I wish you and your family a joyous summer. Sincerely, r4m Devries Senator EDsYM;1/ta P.S. HB 226 appears to be moving fast, so it may pass this year. Enclosures Offered: 4/26/85 Referred: Rules Original sponsors: Cotten and Phillips BY THE HEALTH, EDUCATION AND 1 IN THE HOUSE SOCIAL SERVICES COMMITTEE 2 SENATE CS FOR CS FOR HOUSE BILL NO. 226 (HESS) 11 3 IN THE LEGISLATURE OF THE STATE OF ALASKA 1 4 FOURTEENTH LEGISLATURE - FIRST SESSION 5 A BILL 6 For an Act entitled: "An Act relating to school boards." 7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 8 e Section 1. AS 14.08.051(d) is amended to read: 9 (d) Multi -member sections may be created. However, , 10 (1) each seat on the regional board shall be designated by 11 letter or number and when the declaration of candidacy or other nomi- , 12 nation papers of a candidate for the regional school board are filed 13 those papers must indicate the seat that the candidate seeks; and f 14 (2) except as Provided in if) of this section a [NO] 15 section may not be represented by more than 16 (A) three members, if a board consists of five 17 members; 18 (B) four members, if a board consists of seven 19 members; , 20 (C) five members, if a board consists of nine members; 21 or 22 (D) six members, if a board consists of 11 members. i 23 * Sec. 2. AS 14.08.051 is amended by adding new subsections to read: 24 (f) Upon the request of a regional school board, the c.--mais- 25 sioner may permit a section that contains more than one community to 26 be represented by more board members tray, the number set out in (d)(2) 27 of this section if the commissioner determines that 28 (1) the regional educational attendance area has had a 29 pattern of substantial population fluctuations between geographic -1- SCS CSHB 226(HESS) i { 1 areas within the regional educational attendance area; and 2 (2) compliance with the requirements of (d)(2) of this 3 section could result in continuous underrepresentation and overrep- 4 resentation of sections. 5 (g) In a regional educational attendance area section subject to 6 (f) of this section, no more than two members may be elected from the 7 same community unless the population distribution requires otherwise. 8 Sec. 3. AS 14.12.O30(b) is amended to read: 9 (b) Each borough and city school district with an average daily 10 membership exceeding 5,000 has a school board of seven, nine or eleven 11 members, an established by ordinance. School board members may be 12 elected at large, or as provided in AS 29.23.310. 13 Sec. 4. AS 29.23.310 is amended to read: 14 Sec. 29.23.310, ELECTION. Each borough and city school district 15 has a school board. Members are elected at the regular election held 16 annually on the first Tuesday of October, unless a different election 17 date or interval of years is provided by ordinance, for three-year 18, terms and until their successors take office. All board members are 19 elected at large, except that, in a school district with an average 20 daily membership exceeding 5,000, members may be elected by district 21 at large. or a combination of district and at laras members, in the 22 manner provided in AS 29.23.023 If school board members are elected 23 by district, the provisions of AS 29 23 021 - 29 23 031 apply to the 24 apportionment, recomposition. and reapportionment of school board 25 seats [BUT SCHOOL ZONES FOR THE ELECTION OF BOROUGH SCHOOL BOARDS MAY 26 BE ESTABLISHED, ALTERED, OR ABOLISHED AS PROVIDED BY AS 29.23.100]. SCS CSHB 226(HESS) .2- 11 H Introduced: 5/3/85 Referred: Community & Regional Affairs 1 IN THE SENATE BY SACKETT 2 SENATE BILL NO. 306 3 IN THE LEGISLATURE OF THE STATE OF ALASKA 4 FOURTEENTH LEGISLATURE - FIRST SESSION 5 A BILL 6 For an Act entitled: "An Act relating to municipal regulation of vehicles 7 for hire." ' 8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 9 * Section 1. AS 29.48.035 is amended by adding a new subsection to 10 read: 11 (d) A municipality may license, control, and regulate taxicabs, 12 limousines or other vehicles for hire that are operated within the 13 boundaries of the municipality and may fix, establish, and change the 14 rates charged for the service. Based on the municipality's determina- 15 tion of need for the services, the municipality may regulate entry 16 into the business of providing taxicabs, limousines, or other vehicles 17 for hire. -1- SB 306 I ~ J flow ,., ..: ' �•" Central Peninsula Mental Health Center ^` 11355 K9NA1 SPUR ROAD, SUITS 226 • K9NA1, ALASKA 996 11 (907) 293-7501 �.. • is a , ., .. May 24, 1965 City of Kenai P.O. Box Soo Kenai, AK 99611 To Whom It May Concerns Thank you so much for your recent donation of $3,174 to the Central Peninsula D*ntal Health Center. We Appreciate your thoughtfulness and support of our program. Sincerely, I J eline Wilson, B.A. Operations Manager JW/kk DOYLE'S FUEL SERVICE Box 582 KENAI, ALASKA 99611 TNEVHON1 283.703 JAMES H. DOYLE Owner May 9, 1985 City of Kenai 210 Fidalgo Kenai, AK 99611 or, Attention: Land Manager Jeff. Labahn Dear Jeff: This letter is in reference to nronerty we now lease from the City of Kenai, Tract A, Gusty Subdivision #3 and Lots 10, 11, 12, 13, and the right of way adjoining Lot 13, Concession Area. We have spent approximately $15,000.00 for gravel on these lots, and anticipate an ad- ditional expense of the same amount. In order to retain Sealand's freight busi- ness in the City of Kenai, we will be re- quired to install electrical hook uns For their refridgerator vans at the cost of about $25,000.00. f For this to be feasable, we must have a longer lease and therefore request that you extend our current leases an additional five years each. Your cooperation in this matter will be ap- preciated. Thank you, James H. Aoy1e JHn/be A, G,vs �y S/ D " 3 — 3o SIO� 9 89 Dot's 10-13� C=__&eosvi_ SM $* :3';slabs _j, 6 �. PAYMENTS OVER $1,000.00 WHICH NEED COUNCIL APPROVAL OR RATIFICATION 6/5/85 DESCRIPTION DEPARTMENT ACCOUNT AMOUNT Poo, VENDOR FORAPPROVALt Engineering CP-Aliak, McCollum Engineering 12,371.34 McLane 3 Assoc. Wm. Nelson 8 Assoc. Inspection CP-Lake, Etc. CP-Highbush, Bumblebee Inspection Insepction 725 2,5. ,925.00 Inspection Ocean Tech Engineering CP-Robin, Kensitze CP-Julivasen, Etc. Engineering Engineering 11,485.00 19,474.00 Engineering Engineering CP-Marathon Rd. Engineering 2,000.00 667.00 Engineering CP-S. Spree CP-CIV Dr. Engineering Engineering 667.00 Engineering FOR RATIFICATION$ Marathon Oil Co. April Natural Gas Central Treasury Ia Trust 511.73 10,511.73 April Natural Gas Central Treasury In Trust 10,375.31 Union 011 Co. may Retirement W/H Various Retirement 35 353.09 + PERS June Medical Insurance Various Health Insurance 18,343.20 Blum Cross National Bank of Alaska Na Federal W/H Y Various Liability 50,557.80 Alaskan Federal Credit Union May Credit Union W/H Various Liability 15,930.00 ICMA Retirement Corp. May Employee Contribution Various Various Liability 6,337.00 Supplemental Retirement 4,096.11 PP May Employer Contribution Walters i Olson Miss. City Insurance "On -Departmental Insurance 6,360.00 Child Care Women'■ Resource Accounts Receivable 13,750.27 Woman'a Resource Center April " National Bank of Alaska TCD 5/24/85 Central Treasury Treasury Central Treasury Central Treasury 1,725,000.00 1,500,000.00 7.12 Tat. 7.Oi Int. -, TCD 5/31/85 T-Bill 5/16/85 Central Central Treasury Central Treasury 2.702,317,68 8.0x Int. ter. � REQUISITIONS OVER $1,000.00 WHICH NEED COUNCIL APPROVAL 6/5/85 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT We Electronics Portable Radio & Charger Police Machinery Equipment 1,275.00 Alaska Mapping Copies of City Atlas Planning & Zoning Miscellaneous 1,525.00 Bell Roofing Co. City Hall Roof Coating Non -Departmental Repair 6 Maintenance 1,960.00 Wm. Green, Gen. Contractor Concrete Work at Animal FR-Animal Control Building 4,950.00 Shelter Peninsula Fence Co. Remove & Reset Fence Between Airport M & 0 Repair & Maintenance 5,299.68 Grizzly Aircraft & First St. Peninsula Fence Co. Bumper Rail around Ramp Side CP-Terminal Renov. Construction 3,470.00 of Terminal Randy's Alaska Painting Misc. Terminal Painting & Repair Terminal Repair & Maintenance 1,770.00 D 4 Dutch Masonry Concrete Enclosure for Dumpeter COA -Borough Improv. Other Than BlAgs. 1,380.00 .0 e !! i i In' � -3 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1052-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI ZONING CODE SECTION 14.20.220 PERTAINING TO TO SIGN CODE. WHEREAS, the City of Kenai recently updated the Sign Code, and WHEREAS, some sections have proved to be too restrictive, and WHEREAS, some sections need to be clarified. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: KMC 14.20.220 is hereby amended as follows: 14.20.220 Signs and Advertising Devices: (a) General Requirements r� (1) A permit shall be obtained from the Administrative Official prior to the installation of any sign or advertising structure. [NAMEPLATE, ADVERTISING SIGN OR ADVERTISING STRUCTURE.] Construction and erection of signs shall be in accordance with this Chapter, the Uniform Sign Code and the National Electrical Code. (2) When a building permit is obtained for the construction of a building, signs for that building which conform to this code shall be considered as part of the valuation of that building. The fees for signs not covered by a building permit shall be as follows: Home occupation signs $ 5.00 Portable signs 5.00 Pennant signs 5.00 Electrical signs [40.00] 25.00 All other signs [25.001 15.00 (3) Signs permitted under this Section shall advertise only the business or activity being conducted on the immediate premises. The City of Kenai may erect or may allow another governmental agency to erect information signs as they deem necessary. 1 u i C1= a I (7) The Building Official shall determine the area of [CLASSIFY ANY IRREGULARLY SHAPED OR UNUSUAL SIGNS all signs and shall classify all signs. signs for which no permit was wnen the owner or a sign or signs or the owner of record of a lot or lessee of a lotland or lessee of land or occupant of land on which a sign or signs are located that do not conform to the provisions of this Code has been notified that such sign or signs are nonconforming, that party shall make the sign or signs conforming within (30] ten days from the date of such notice. (9) [ALL SIGNS EXCEPT TEMPORARY SIGNS SHALL BE] Temporary signs need not be designed according to the Uniform Sign Code. (b) Prohibited Signs: (11) No signs, except roof signs, shall be higher than [16]32 feet above the adjacent ground or pavement level. No roof sign shall be higher than eight feet above the roof on which it is placed. (a) Signs Permitted in Commercial and Industrial Zones (1) All signs permitted by this Code, provided that the square footage of all signs other than wall, marquee, and roof signs shall not exceed a total of [64] 81 square feet per business. Where there is more than one business on a premises, a combined sign for all businesses an that premises shall not exceed [1281 154 square feet. (3) Portable changeable letter electric signs and portable changeable letter non -electric signs may be displayed on a premises not more than twice each year and may not be displayed more than seven days continu- ously in any 30-day period for a total of 14 days in any [FISCAL] year. [AND] Such signs must comply with all pertinent requirements of this Code. [AND THE NATIONAL ELECTRIC CODE.] (5) [SIGNS PROJECTING BEYOND THE PROPERTY LINE MAY BE NO CLOSER THAN 12 INCHES FROM THE CURB LINE OR STREET, AND MUST BE AT LEAST EIGHT FEET ABOVE THE FINISHED SIDEWALK OR GRADE.] Signs may not project beyond the property line. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this19th day of June, 1985. H TOM WAGONER. MAYOR ATTEST: Janet Whelan, City Clerk First Reading: June 5,. 1985 Second Readings June 19,1985 Effective date: July 19 1985 � I i V I t 1 y i 'iI 1 'f - i tti .J y; i i I 4� 3 J f 1 I I 1 • 1 f r) Suggested bys Legal Department CITY OF KENAI ORDINANCE NO. 1052-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL SIGN CODE, KMC 14.20.220. WHEREAS, the Kenai City Council remains committed to the enhancement of the esthetic environment of the City of Kenai through regulation of sign structures; and WHEREAS, the Kenai City Council remains committed to the enhancement of traffic safety within the City of Kenai through the regulation of sign structures; and WHEREAS, the Kenai City Council seeks to enhance esthetics and safety through regulation of sign structures with minimal interference with the speech content of signs; and WHEREAS, it is in the best interest of the community to adjust certain size and fee requirements under the Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.220 be and hereby is amended as follows$ 14.20.220 Signs and Advertising Devicess (a) General Re uirementes A permit shall be obtained from the administrative official prior to the installation of any sign, nameplate, advertising sign or advertising structure except as provided in subsection (c). Construction and erection of signs shall be in accordance with this chapter, [and] with the Uniform Sin Code[.] and with the National Electrical Code. (2 When a building permit is obta ne for the construction of a building, signs for that building which conform to this Code shall be considered as part of the valuation of that building. The fee for signs not covered by a building permit shall be as followss Home occupation signs. 5.00 Portable signs . 5.00 Pennant signs . . . . . 5.00 Electrical signs . . . . . . . . . . [40.001 25.00 All other signs. . . . . . . . . . . [25.001 15.00 (3) [Signs permitted under this section shall advertise only the business or activity being conducted on the immediate premises.] A permit for a commercial sign shall 1 be issued only if the sign will be located on the tie©rn1E►_pf advertised or on the common property available for - ouch to - purposes all commercial occupants or a mul`"�` commercial such as ma�ITaT�-tip�t'ity oT Kenai may erect # or max allow another governmental agency to orect, information signs as they doom nerossary. (4) Penalties for violations of this section shall bo as set forth in KMC 14.20.260(e). (5) If any of the provisions of this Code hereby adopted conflict with the Uniform Sign Code adopted by refereneo, - the provisions of this Code will prevail. (6) Signs shall be erected and maintained plumb, level, and true and kept repaired, painted, and maintained. (7) The Building Official shall determine the area of [any irregularly shaped or unusual] all signs[. The Building i Official] and shall classify a ff signe. i (8) Exietlng signo for which no permit was obtaineds When the owner of record of a lot or lessee of a lot on which a sign or signs are located that do not conform to the provisions of this Code has been notified that such sign or ,• signs are nonconforming, the owner shall make the sign or signs conforming within [30] ten days from the date of ouch notice[.] or remove the si n. (9) All signs except temporary signs shall be designed ' according to the Uniform Sign Code. (10) Relief from any of the provisiono of this section may be provided by a variance as prescribed under KMC 14.20.190. (11) A permit issued under the provisions of this section shall become null and void if the sign erection or other work authorized by such permit is not commence w n 0 days of the date of issuance,or If the sion display or work authorized by such permit is suspended or abandoned for a period of 9O days any time after thp-BT-95-rey or work s commenced* t (b) Prohibited Si nss (1) o s gn shall e erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. No si n shall be attached to any traffic si n or signal device, or to any public Sign or sign post, 2 o sign other then public signs shall be placed within 20 feet of any intersection as measured from the i nearest intersection of street right-of-way lines. (3) Flashing signs or intermittent illumination are not permitted except time and temperature, automatic changing %. message signs and traditional holiday decorations. Only -; that part of time and temperature and changing message signs which contain advertising will be considered as part of allowable sign area. (4) Audio signs are not permitted in any zone. 2 0 (5) The use of [immoral] profane or indecent [word or] words[, a drawing or drawings, and animated signs are] or illustrations is prohibited. b geacon signs are prohibited. (7) Rench signs are prohibited. (8) No electrical equipment or electrical apparatus of any kind which causes interference with radio or television reception shall be used in the operation of any sign. (9) Unauthorized signs in any right-of-way or on City property may be removed by the City and disposed of. (10) Signs not mentioned in this Code are prohibited. (11) No sign, except roof signs, shall be higher than [16] 32 feet above the adjacent ground or pavement level. No roof sign shall be higher than eight feet above the roof on which it is placed. (12) Portable changeable letter electric or non -electric signs are not Rermitted except as provided for in KMC 14.20.22 e . (13) No off -premises commercial advertising signs, Including billboarda, are allowed in any zone. (a) Signs Not Requiring a Permits (1) Signs erected on a lot or lots that are fenced or screened so that no part is visible from a public right-of-way or another lot are exempt from this Code. (2) Political signs may be displayed in any zone except conservation without permit but must comply with the regulations of this Code. [except KMC 14.20.220(a)(3). No political sign may be displayed until such candidate has qualified to be listed on the ballot for the next primary, general, state, borough, municipal, or special election. No political sign may be displayed until such ballot proposition or bonding proposition has been qualified to be listed on the ballot for the next primary, general, borough, municipal, or special election. When such election is over, f ail] All political signs shall be removed within two weeks [from] after the date of [such] the election[.] that the si ne wero-7is la ed to promote. Construction signs: During construction, repair, or alteration of a structure, temporary signs which denote the architect, engineer, contractor, or builder or which denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be 32 square feet or less in size and no more than one such sign shall be permitted for each architect, engineer, contractor, builder owner, or denoting the name, use and occupants -to -be of the structure. Any of these may be combined on one or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. t�- (4) Public safety signs exclusively relating to the safety of the public (e.g., "no pArking today",."use covered walkway", "do not enter", "danger", "loading zone") may be located as needed for public safety. Traffic signs may be erected by any governmental agency. (5) Real estate signss One sign not exceeding five square feet advertising [only] the sale, rental, or lease of the building or premises on which it is maintained. (6) Signs within a building. (7) Temporary signs of not more than five square feet may be displayed in any zone except conservation for one week but must comply with other pertinent regulations of this Code_ [except KMC 14.20.220(a)(3).] Signs advertising s sale, such as "garage", "moving", "yard", "house" or "lemonade" may be displayed under this section and must have the name, address, and telephone number of person conducting such sale and must be dated. (8) No permit is required for copy changes on a conforming bulletin board or marquee, for maintenance where no structural changes are made or for copy changes on signs otherwise in compliance with this code using interchangeable letters and numbers. (9) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except such flags used in connection with a commercial promotion or as an advertising device. (10) Traditional holiday decorations. (11) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name, and street number. W Signs Permitted in Residential Zones: (1) Signs identifying home occupations: One sign per use not t exceeding four square feet in area. Such sign shall be no closer then ten feet to any property line or shall be flat against the building. No lighting is permitted. (2) Bulletin boarder Bulletin boards [used to display announcements of meetings to be held] or permanent changeable letter signs located on the premises Lon which such boards are locatedl shall be permitted for churches, schools, community centers, and public, charitable, or institutional uses. Unless otherwise permitted in the zone, such signs shall contain no more than 32 square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ten feet from the street lot line; may be indirectly illuminated; and one such si n shall be permitted for each street frontage. (33 Signs [identifying] for other permitted and conditional usess One sign per use not to exceed 32 square feet in area for [the purpose of identifying] multi -family dwellings, 4 clubs, professional offices, and other similar uses. Such sign shall be no closer than ten feet to any property line or shall be flat against the building. (4) Signs for nonconforming uses: A legal nonconforming use in a residential zone may have one sign per property, unlighted, and no larger than 20 square feet in area. Such signs shall be flat against the building or shall be located no closer than ten feet to any property line. (5) Real estate sings of more than five square feet: Real estate signs advertising the sale or lease of two acres or more, or five or more contiguous lots may be combined into one sign of not more than 32 square feet. The display of such signs shall be limited to a period of two years. Prior to the expiration thereof the applicant may request an extension of not more than one year from the Commission. The sign shall be removed [prior to] upon the expiration of the two year period or extension thereof or within two weeks after the sale of the property. [If the sign has not been removed the City may enter upon the premises upon which the sign is located and remove such sign at no liability to the City.] A permanent subdivision sign may be placed at one entrance to a subdivision and may contain only the name of the subdivision. Such sign shall not exceed 32 square feet. Any illumination shall be by indirect means. (e) Signs Permitted in Commercial and Industrial Zoness (1)All signs permitted by this Code, provided that t e square footage of all signs other than wall, marquee, and roof signs shall not exceed a total of [64] 81 square feet per business. Where there is more than one business on a premises, a combined sign for all businesses on that premises shall not exceed [128] 154 square feet. (2) Signs may rotate, but must not exceed the square footage set out above. t (3) [Portable changeable letter electric signs may be displayed for not more than twice each year and may not be displayed more than seven days continuously in any 30 day period for a total of 14 days in any fiscal year as defined by the City of Kenai, and must comply with all requirements of this Code and the National Electric Code.] A permit may be obtained for temoorary use of oortable changeable letter tor oisplay or sucn signs ror a continuous perloo or no longer then seven days. An applicant shall be limited to two eermits during any twelve-month period. Such signs shall comply with all requirements of this code. 4Fence signs shall be mounted in a p age parallel to the fence or wall and shall not extend above the top of the fence or wall. (5) Signs [projecting beyond the property line may be no closer than 12 inches from the curb line or street, and must be at least eight feet above the finished sidewalk or grade.] may not project beyond the property line. 1 1 5 /' (6) Pennant signs shall not exceed eight square feet for each pennant nor 16 square feet total per lot. i7) Real estate signs larger than five square feet shall conform to all of the requirements of this Code. (f) Signs Permitted in the Conservation Zone: (1) No sign shall be permitted in a conservation zone except signs erected by the City of Kenai. (g) Specific Definitions Pertaining to Signs: (1) Applicant is any for -profit or non-profit enterprise, or organ zation, or any individual not acting on behalf of such an enter rise or or anizati3n. 1 2 Audio sign is a sign that emits a noise or sound, either spoken worirs, music, nr Pinging. ([2]3) Beacon sign is a light with one or more beams capable of being directed in any direction or directions or capable of being revolved. ([3]4) Bench sign is any sign painted on or attached to a seat, chair, or bench, any of which are visible to the public. ([4]5) Combination sign is a sign incorporating any com- bination of the features of pole, projecting, and roof signs. ([5]6) Curb line is the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. ([6]7) Display surface is the area made available by the sign structure for the purpose of displaying the advertising mesas e. ([7]8 Electric sign is any sign containing electrical wiring, but does not include signs illuminated by an exterior light source. ([8]9) Fence sign is a sign displayed upon fences or upon r walla that are not an integral part of a building or walls that are used as fences. ([9]10) Fin sign is a sign which is supported wholly by a building or partly by poles and partly by a building. ([10]11) Ground sign is a sign which is supported by one or more uprights, poles, or braces in or upon the ground other than a combination sign, fin sign, or pole sign as defined by this Code. ([11]12) Legal setback line is a line established by ordinance beyond which a building may not be built. A legal setback line may be a property line. ([12]13) Marquee is a permanent weatherproof structure attached to and supported by a building and projecting from the wall of the building. ([13]14) Pennant sign is a sign constructed of flexible materiel, such as cloth, which moves upon being subjected to pressure by the wind. ([14]15) Pole sign is a sign wholly supported by a sign structure in the ground. .4 Ig. ­. oil j'. -� ([15]16) Political sign is a sign promoting a candidate for political officepromoting any political Position, opinion, or promoting Lor opposingj any position on a ballot proposition Portable display surface is a display surface tem- porarily fixed to a standardized advertising structure which is regularly moved from structure to structure at periodic intervals. ([17]18) Portable sign is a sign other than a temporary sign that is not attached to any building or structure. It may readily be [picked up and] moved from one location to another. It is designed to rest on the ground when displayed and may be with or without its own wheels. It may or may not be lighted. ([18]19) Projecting sign is a sign other than a wall sign, which projects from and is supported by a wall of a building or structure. ([19]20) Real Estate sign is a sign advertising the sale, lease or rent of one or more lots or acreage or the improvements thereon by a real estate company or individual licensed by the State of Alaska. ([20]21) Roof sign is a sign erected upon or above a roof or parapet of a building or structure. ([21]22) Sign means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trade marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product which are visible from any public street or highway and used to attract attention. ([22]23) Sign structure is a structure which supports or is caoable of supporting any sign as defined in this Code. A sign structure may be a single pole or poles and may or may s not be an integral part of a building. ([23]24) Temporary sign is any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, [intended] designed to be displayed for a limited period of time only. ([24]25) Wall sign is any sign attached to, painted on, or erected against tha wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the said wall. (Ord 961) 7 4f 5r I PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of June, 1985. OM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Readings June 5, 1985 Second Readings June 19, 1985 Effective Dates July 19, 1985 I. J �1 1 I � • i 1� i I Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1053-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY -OWNED LANDS ARE NOT REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, KMC 22.05.010, .030, and .050 requires that the Council shall determine whether certain City -owned properties are needed for a public purpose, and WHEREAS, the disposition of such lands shall be made only upon finding that said property is not needed for a public purpose, and WHEREAS, the City owns 120 acres of wetlands near Beaver Loop Road which is unsuitable for building but may contain gravel deposits, and /.� WHEREAS, there is interest in leasing or purchasing this property for private development purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1s The described City -owned land is not needed for a public purpose and shall be made available for lease or sales SE1/4 NE1/4, SW1/4 NE1/4, NE1/4 SE 1/49 Section 4, T5N, R11W, S.M. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of June, 1985. } TOM WAGONER, MAYOR • i F ATTEST: Janet Whelan, C ty Clerk First Readings June 5, 1985 Second Readings June 19, 1985 Effective Dates July 19, 1985 . 0 i PI 4b 4t sob ' I Suggested bys Legal Department CITY OF KENAI-� ORDINANCE NO. 1054-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND RE-ENACTING KMC 20.05 DELETING REFERENCE TO THE PUBLIC VEHICLE COMMISSION, AND MAKING IT EASIER TO UNDERSTAND. I WHEREAS, the City of Kenai does have an interest in assuring that vehicles for passenger hire are properly identified and insureds and WHEREAS, the present ordinance governing taxicabs was based on the regulatory provision of the Alaska Transportation Commission in its regulation of other passenger vehicles for hires and WHEREAS, the provisions of the Alaska Transportation Commission referred to in many of the sections of the present ordinance have been rescinded through deregulation, making the present ordinance confusing to interpret. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF J KENAI, ALASKA, that KMC 20.05 is hereby repealed and re-enacted to read as attached. R . PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of June, 1985. TOM WAGONERt OR ATTESTS Janet Whelang City Clerk First Readings June 5, 1985 Second Readings June 19, 1985 Effective Dates July 19, 1985 i --=�- 1! I� r� l i • , ... J 1, 4i r , . .... , s Title 20 TRANSPORTATION Chapters: 20.05 Passenger Vehicles For Hire Chapter 20.05 PASSENGER VEHICLES OR HIRE Sections: 20.05.010 Definitions. 20.05.020 License required. 20.05.030 License. 20.05.040 License plates and numbers. 20.05.050 License fees. 20.05.060 Passenger vehicles for hire cards and rates. 20.05.070 Passenger vehicles for hire. 20.05.080 Public liability insurance. 20.05.090 Passenger vehicles for hire rates to be computed. 20.05.100 Charter. 20.05.110 Penalty. 20.05.010 Definitionss (a) Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meanings given to them by this sections (1) "Passenger Vehicle -for -Hire", or "Vehicle" means a motor -driven passenger vehicle which is offered for public hire. (2) "Driver" shall mean and include any person who drives a Passenger Vehicle -for -Hire, whether such person be the owner of such Passenger Vehicle -for -Hire or be employed by such a company. (3) "Company" shall mean and include any person owning or having control of the use of one or more Passenger Vehicles - for -Hire used for hire upon the streets or engaged in the business of operating a Passenger Vehicle -for -Hire within the City. (4) "Stand" shall mean and include any place along the curb, street, or elsewhere which is exclusively reserved by the City for the use of Passenger Vehicles -for -Hire. (5) "Persons" shall mean and include one or more persons of either sex, natural persons, corporations, partnerships, and associations. 1 i 20.05.020 License Required: (a) To operate a Passenger Vehicle -for -Hire within the City limits, a company shall first obtain a license therefore by applying annually in writing to the Clerk. Each applicant for a license shall apply upon a form j provided by the City and conform to the followings (1) be a citizen of the United States, (2) be of the age of 19 years, or a duly qualified corporation, (3) file a statement describing each vehicle to be so licensed, giving: [i] full name and address of the owner; [fi] the class and passenger -carrying capacity of the vehicle. [iii] the length of time the vehicle has been in use; [iv] the make of the vehicle; [v] the engine number; [vi] the serial number; [vii] the State license number; [viii] whether said vehicle is leased, licensed, or under any form of contract; [ix] what person, firm, or corporation collects the revenues from the operation of said vehicle and pays the expenses of operating the same; and i [x] proof of insurance. 20.05.030 License: Upon receipt of the above information, and payment of the required fee, the City Clerk shall issue a license. The license may not be transferred. 20.05.040 License Plates and Numbers: (a) Each licensed vehicle shall bear the license number of the vehicle and proper descriptive words, including the year for which the license was issued, by displaying the same on the windshield of the vehicle. (b) Every vehicle accepting business from points - originating within this municipality shall have some designation of the character of the vehicle affixed or painted in plain i visible letters on each side thereof. } 20.05.050 License Fees: (a) The applicant for a license, or license for an additional vehicle shall pay into the '`•:` City treasury the sum set forth below. (1) A licensee shall pay a license fee of $250 per year ?A- which shall entitle said operator to one Passenger Vehicle -for -Hire. (2) In the event a licensee is licensed for more than one vehicle, then he shall pay $100 per year for each additional vehicle so authorized. (3) All licenses shall be for the :.erm from June 30th of one year until July 1 of the following year, or any segment i thereof. - = (4) All taxes and other obligations due to the City and borough must be current prior to license renewal. 2 r 20.05.060 Passenger -Vehicles -for -Hire Cards and Rates: The operator of any Passenger Vehicle -for -Hire shall display inside the vehicle a card legible to a customer seated in the rearmost seat stating the license numbers, the maximum rates of fare, and a notice that any article left in the Passenger Vehicle -for -Hire must be returned to the City offices, where it may be identified and claimed. 20.05.070 Passenger Vehicles -for -Hire: Passenger Vehicles -for -Hire shall be parked at stands so designated for that purpose from time to time by the City Manager. No driver shall solicit passengers as fares. No driver shall dismount from his Passenger Vehicle -for -Hire at any time for the purpose of soliciting passengers, provided that this shall not prohibit any driver from assisting a passenger entering or dismounting from a vehicle. Only licensed vehicles shall be permitted to park at any stand. 20.05.080 Public Liability Insurance: An operator shall file with the City Clerk evidence of insurance certifying the operator is insured for liability for damages on account of bodily injury or death, or for damages to property resulting from the ownership, maintenance, or use of any Passenger Vehicles -for -Hire. The limit of such insurance policy shall not be less than $350,000 for bodily injury to, or death of, one person and $500,000 on account of any one accident resulting in r=- injuries to and/or death of more than one person, and $100,000 liability for damage to property of others, arising out of any one accident. Such policy shall be endorsed to give the City thirty (30) day's notice of expiration or cancellation. 20.05.090 Passenger Vehicles -for -Hire Rates to be �Computed: The company shall meter all calls. The meters shall be the type or types commonly used throughout the United States. Inspection of such fares shall be monitored and approved by the C State of Alaska, Division of Weights and Measures. No Passenger Vehicle -far -Hire shall be operated unless it is equipped with a meter in good condition to record the amount to be charged on each trip, which amount shall be shown in figures visible to the passenger. Upon paying his fare, each passenger making a request therefore shall be given a receipt showing the amount so paid and the name of the company or persons operating the Passenger Vehicle -for -Hire, together with the number of the vehicle if such company or person operates more than one Passenger Vehicle -for -Hire in the City. 20.05.100 Charter: Notwithstanding any provision contained in this chapter, nothing shall preclude negotiated i charter rates between a licensee and a customer provided said arrangements are entered into at least three hours prior to transport being rendered and reduced to writing prior to transport. Vehicles operating under charter need not be metered. Y 20.05.110 Penaltys Any person violating any provisions of —,, this chapter shall be 'p guilty of a misdemeanor and shall upon conviction thereof be punished by a fiifie of not more than $300.00. r.� 1 � J �j 4 • . I I i� 9 f r t Introduce i d. 5.3/85 Referred: Community & Regional Affairs e� r{ 1 IN THE SENATE BY SACKETT 2 SENATE BILL NO. 306 3 IN THE LEGISLATURE OF THE STATE OF ALASKA 4 FOURTEENTH LEGISLATURE - FIRST SESSION 5 A BILL 6 For an Act entitled: "An Act relating to municipal regulation of vehicles 7 for hire." 8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 9 e Section 1. AS 29.48.035 is amended by adding a new subsection to 10 read: 11 (d) A municipality may license, control, and regulate taxicabs, 12 limousines or other vehicles for hire that are operated within the 13 boundaries of the municipality and may fix, establish, and change the 14 rates charged for the service. Based on the municipality's determine- - 15 tion of need for the services, the municipality may regulate entry 16 into the business of providing taxicabs, limousines, or other vehicles 17 for hire. -1- SB 306 Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1056-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL AIRPORT REGULATION 5.120 BY ADDING A PROVISION LIMITING AIRCRAFT PARKING IN THE TRANSIENT PARKING AREA TO NOT MORE THAN FIVE CONSECUTIVE DAYS. WHEREAS, current airport regulations do not provide a time limit on transient aircraft parking, and WHEREAS, there is a need to regulate parking in this area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: Kenai Municipal Airport Regulation 5.120 shall be amended to reads 5.120 All aircraft owners or operators parking aircraft in an area designed by the Airport Manager will be charged a transient parking fee of $2.00 per day. No aircraft shall be allowed to park in the transient parking area for more than five consecutive days, unless a ecificall authorized actT—n of the Kenai City Council. There w ll be no fee or parking an aircraft for a per 63 of six hours or less. PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of June, 1985. ATTEST: Janet Whelan, City Clerk ;i f TOM WAGONER, MAYOR First Readings June 5, 1985 Second Readings June 19, 1985 Effective Dates July 19, 1985 G-7 Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1057-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY -OWNED LANDS ARE NOT REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, KMC 22.05.010, .030, and .050 requires that the Council shall determine whether certain City -owned properties are needed for a public purpose, and WHEREAS, the disposition of ouch lands shall be made only upon finding that said property is not needed for a public purpose, and WHEREAS, Lot 5, Block 4, Kenai Original Townsite was deeded to the City in 1977 as a result of foreclosure proceedings for special assessment delinquencies, and WHEREAS, there is interest in purchasing this property for private development purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as followss Section 1s The described City -owned land is not needed for a public purpose and shall be made available for sales Lot 5, Block 4, Kenai Original Townsite PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of June, 1985. ATTESTt Janet Whelan,, City Clerk TOM WAGONER, MAYOR First Readings June 5, 1985 Second Readings June 19, 1985 Effective Dates July 19, 1985 CITY OF KENAI VdG'#W4r44u4a" 210 PIOAL00 KENAI, ALASKA 99611 TELEPHONE283.7635 May 31 , 1985 MEMORANDUM TO: or Wagoner and Kenai City Council FROM: eff Labohn, Land Manager REt Ordinance 1057-85: Disposition of Lot 5, Block 4, Kenai Original Townsite The City of Kenai has received a request to purchase Lot 5, Block 4, Kenai Original Townsite. This parcel is located at the corner of Upland and Overland Avenue behind Malston's and across the street from Bookey's. The property is zoned Central Commercial (CC) and is approximately 16,500 square feet in area. The Fire, Police and Parks and Recreation Departments have stated that there is no projected public need for the property. However, the Planning and Zoning Commission recommended that the property not be authorized for sale until the Kenai Original Townsite Redevelopment Study is completed. The consultant is in the process of finalizing the draft document to be reviewed by the Old Town Committee, Planning and Zoning Commission and City Council prior to the project completion date of June 30, 1985. JL/dg L.Q fat,Grrw. 16— ..'bwN�c ldrL" � O r �Te�+.t3 J,:1as.1 rl 71 /�� �z��•!�Y'� � :. 2.i.., ...__ ��►•'tOMN►s!r#�j. '+l' + � ► ^.� I" 1=' -- -- — -'G AY£ -1--r. r Al c C2filas N s 38 g •u� a r AG. . yll may.. � 1 s �► US C7 ro.11...E r.8-4 •J j �., �a r OQj��~' / ,/ l i i.i �^:%a • .tir ..f1: Ili..• � �9 Ac, a ° S� ,j• �•.,iN, I r Kenai Chsunlwr of Connuerce Hnx 497 Kenai, AlaNku 99011 ('H)7)211;-7989 Y, RESOLUTION NO. 85 -05 Vp ^' A RESOLUTION OF THE GREATER KENAI CHAMBER OF COMMERCE URGING THE KENAI CITY COUNCIL TO RECONSIDER AND INTRODUCE APPROPRIATE LEGISLATION RELATIVE TO "LOCAL BIDDERS PREFERENCE" ON CITY CONTRACTS FOR PURCHASES OF GOODS AND SERVICES. WHEREAS, the Kenai Chamber of Commerce represents the business interests of our community, and WHEREAS, local businesses provide for jobs, availability of goods and services and an economic base for the welfare of our citizens making Kenai a better community in which to live, and WHEREAS, the City of Kenai requires many services and goods through the bidding process, and, WHEREAS, consideration should be given to those local businesses who have added to the tax base and contributed to the excellent living conditions found in our community. NOW, THEREFORE BE IT RESOLVED BY THE DIRECTORS OF THE GREATER KENAI CHAMBER OF COMMERCE that the Kenai City Council is hereby urged to take positive steps in introducing appropriate legislation relative to "local bidders preference" on City contracts for purchases of goods and services. PASSED BY THE DIRECTORS OF THE GREATER KENAI CHAMBER OF COMMERCE THIS 17th DAY OF MAY, 1985. FRED F. BRAUN, PRESIDENT ATTEST: % i .% Su Carter, Executive Director t� .I K lr1 KENAI MERIT INN Mny 16, 19R5 Mayor Tom Wagoner City of Kenai Kenai, Alaska 99611 Dear Mayor Wagoner, After recently being advised that the City of Kenai does not have a city flag, I would encourage you to bring this issue before the City Council for consideration. This symbol of identity and distinction, I believe,would reflect beneficially on our cities character. Thank you for your attention to this issue. Respectfully, 1 Al� Lon A. Halo General Manager. ..,41AY 1985 tea, 4arl �/lYn. EP► KYNAt M16191T INN 96014OUTH WILLOW, KYNAJ, ALARRA 9WII • 4907► 4637WO rOROWM&M Orms i. i I :i I CITY OF KENAI „Od Capdai of Aas "lot 210 FIDALOO KENAI, ALASKA Sow — TELBP140NE 413 • MO May 30, 1985 TOs Council FROMs Janet Whelan a/i City Clerk RE: IIMC Conference, May 19 to 23 Subjects: 1. District Meeting (Alaska, Washington, Oregon, California, Hawaii) 2. Main Speaker - "What it Takes to Get to the Top" 3. The Role of the Municipal Clerk with the Council 4. Group Decision Making " 5. Your Council - the Democratic Group Dynamic b. Communication in the BO's 7. Communications S. Annual Business Meeting 9. Public Relations - the Link Between Local Government and the Community . jw 2 rA /- IJ ail SHEFFEEW, GOVERNOR U lft� U LL3 /REPLY r0: ALASKA PUBLIC OFFICES COMMISSION ;r 810 c Er. LASE 211 ANCNORAGAdE, ALASKA 99601.3698 (907) 278.4118 g9,'111213/q�J S, 13 POUCH UOBRANCH OFFICE JUNEAU, ALASKA 99811.0222 � q� May+ 8, 1985 (907) 405.4804 en eQ Dear Public Official: Enclosed is a copy of ari"informative summary of proposed changes in Conflict of Interest Regulations, 2 AAC 50.010 - 2 AAC 50.200. If you have comments on the proposals, written testimony will be taken by June 21. Oral testimony is scheduled to begin at 9:00 a.m., June 25th, at the Easter Island Room of the Hotel Captain Cook, in Anchorage. Testi- mony by telephone is possible if it is arranged in advance (by June 21) with Commission staff. The complete text of the regulatory changes can be obtained by calling or writing the Commission. For those of you who are municipal clerks, please circulate the en- closed summary to the mayor, council members and any other officials sub- ject to the Conflict of Interest Law. If you have any questions about the changes, please feel free to con- tact our office. Collect calls are accepted. Sincerely, s ALASKA PUBLIC OFFICES COMMISSION e;Bxr JANE BARCOTT Associate Coordinator Conflict of Interest JB/tg encl. NOTICE OF PROPOSED CHANGES IN THE REGULATIONS OF THE ALASKA PUBLIC OFFICES COMMISSION Notice is hereby given that the Alaska Public Offices Commission, under authority vested in AS 15.13.030(10) and AS 39.50.050(b), proposes to adopt and amend regulations in Title 50 of the Alaska Administrative Code, dealing with Conflict of Interest, to interpret AS 39.50, as follows: 2 AAC 50.010, REPORTING SOURCES OF INCOME FOR RETAIL BUSINESSES is pro- posed to be amended to describe the characteristics of a retail business and require disclosure of clients who represent ongoing business through a line of credit, contract, or discount not available to the general public. 2 AAC 50.016, REPORTING SOURCES OF INCOME AND INDEBTEDNESS FROM POLITI- CAL CAMPAIGNS, POLITICAL GROUPS, AND GIFTS FOR OFFICE EXPENSES is proposed to be adopted. It would require reporting income or loans from political campaigns, and donations or loans for public office expenses be disclosed on the Conflict of Interest Statement. 2 AAC 60.040, LOANS AND INDEBTEDNESS is proposed to be amended to in- clude disclosure of personal or business loans which are cosigned. 2 AAC 50.100, CLAIMING CONSTITUTIONAL OR STATUATORY EXEMPTION FROM THE REPORTING REQUIREMENTS OF AS 39.50.030(b)(1) is proposed to be amended to in- clude exemptions for clients whose identity is prohibited by law from disclo- sure. 2 AAC 50.105, FILING BY A STATE PUBLIC OFFICIAL OR CANDIDATE FOR ELEC- TIVE STATE OFFICE is proposed to be amended to clarify the due date for the fnitial Statement as within 30 days of appointment or receipt of notice, whichever comes later. It would also clarify that incumbent municipal offi- cers who are candidates for elective state office must file a Statement with the Alaska Public Offices Commission. Photocopies, with original signatures, would be acceptable. 2 AAC 50.110, CIVIL PENALTY ASSESSMENTS FOR LATE FILING OF A REPORT BY A STATE OFFICIAL is proposed to be amended to include civil penalties for late filing of an initial Statement. The amendments would revise the civil penalties to $5 a day for the first fifteen days of delinquency and $10 a day thereafter, until filed. The proposal would remove the five day deadline for sending delinquency notices. 2 AAC 50.115, PROCEDURES FOLLOWED UPON A REFUSAL OR FAILURE BY THE OM- BUDSMAN, OR A HIRED OR APPOINTED OFFICIAL IN THE EXECUTIVE BRANCH, OR A BOARD MEMBER, TO FILE THE CONFLICT OF INTEREST STATEMENT WHEN DUE, is proposed to be amended to include civil penalties for late filing of the initial State- ment. -I- �'l l 2 AAC 50.120, PROCEDURES FOLLOWED UPON A REFUSAL OR FAILURE BY A JUDI- CIAL OFFICER TO FILE THE CONFLICT OF INTEREST STATEMENT WHEN DUE is proposed to be amended to include civil penalties for late filing of the initial Statement. 2 AAC 60.127, PROCEDURES FOR FAILURE OR REFUSAL TO FILE, OR FILING AN INCOMPLETE STATEMENT, BY A CANDIDATE FOR ELECTIVE STATE OFFICE is proposed. It would clarify that Statements must be filed with either the Division of Elections or the Commission when a Declaration of Candidacy is filed. It would also clarify that Statements which are incomplete as filed must be amended within one week prior to the withdrawal of candidacy deadline or face a recommendation for removal from the ballot. It would establish public meetings of the Commission on recommendations for removal from the ballot. Lastly. it would treat incomplete Statements by candidates, discovered after i the withdrawal of candidacy deadline, as a preliminary investigation. 2 AAC 60.135, CIVIL PENALTY ASSESSMENTS FOR LATE FILING BY MUNICIP]on FICERS is proposed to be amended to include notice from municipal cle Statements by telephone. The clerks would verify those who have notand confirm that all other Statements are filed. It would revise thepenalty schedule to $1 a day for the first seven days after the due da $5 a day thereafter, until filed. 2 AAC 50.140, PROCEDURES FOLLOWED UPON A REFUSAL OR FAILURE BY A MUNICI- PAL OFFICER TO FILE THE CONFLICT OF INTEREST STATEMENT WHEN DUE, is proposed to repeal the requirement that notice be given to municipal clerks and the Office of the Attorney General on delinquent municipal Statements before the thirtieth day of delinquency. �.. 2 AAC 50.146, SUBSTANTIAL OR CONTINUOUS NONCOMPLIANCE is proposed. In- stances of substantial or continuous noncompliance would be subject to a civ- il penalty of $10 a day for the period that the information was outstanding. It would include failure to fully respond to an audit in a timely manner or allure to fully describe major sources of income, indebtedness, real proper- ty or business interests as substantial or continuous noncompliance. Notice is also given that any person interested may present oral or writ- ten statements or arguments relevant to the proposed action at a hearing to be held at the Easter Island Room, Captain Cook Hotel, 5th Avenue and K Street, Anchorage, Alaska, at 9:00 a.m. on June 26, 1985. Individuals wishing to j testify by telephone may make arrangements with the Alaska Public Offices 1 Commission to do so by June 21. The Alaska Public Offices Commission tele- phone number is 276-4176. In addition, written statements or arguments may be sent to the Alaska Public Offices Commission, to be received no later than June 21, 1985. This action is not expected to require an increased appropriation. - - Copies of the proposed regulations may be obtained by writing to the Alaska Public Offices Commission, 610 C Street, Suite 211, Anchorage, Alaska I - 99601. . -2- The Alaska Public Offices Commission, upon its own motion at the instance r of any interested person, may at the hearing or after it adopt proposals within the scope of this notice without further notice or may decide to take no action on them. I I jk.& T Date: May 8, 1985 e a S. --PI ttman Executive Director r` r' -3- r 1 KENAI PARKS A RECREATION COMMISSION May 7, 1985 Kenai City Hall Richard Hultberd, Chairman AGENDA 1. ROLL CALL PAR Commission Memberss Presents Hultberq, Bryson, McComsey, Siebert, Wright Absents Siekswitch, Thomas - Excused Beautification Committee Memberss Presents Nelson, Sheldon, Routh, Salinq, Wisniewski Also Presents Mayor Wagoner and Council, City Manager, PAR Director, and Jim Simeroth - Summer Employee Supervisor 2. PERSONS SCHEDULED TO BE HEARD a. Joint Meeting with Beautification Committee and Ron Kasprisin Mr. Kasprisin gave a report on the research that has been done to date concerning the Landscaping Master Plan of downtown Kenai. Discussed was accelerating a small portion of the plan for possible completion this summer. 3. APPROVAL OF MINUTES of April 2, 1985 Minutes approved as submitted 4. DIRECTOR's REPORT a._ Northwest Northwest Regional Conference of Parks A Recreation Conference of Parks A Recreation Kayo gave a report on the Regional Conference in Eugene Oregon which he attended. b. Summer Hires No more applications are being taken. Of those applications. there are still a few positions to be filled. Mr. Jim Simeroth from the High School will be the overall :supervisor. Val Jones has left the Center and her position will be filled. r PARKS & RECREATION COMMISSION May 7, 1985 Page 2 C. Summer Sports There are going to be some problems with start-up time and scheduling due to weather. The men's softball team will be donatinq $1100 to the department to help with field maintenance. Kayo will be checking on how to handle the funds. d._ Request for Purchase - Walkowski/Deland and Kenai Orig. Town_ site A request to purchase lots in these two subdivisions has been received = The City must determine that no public use exists for these lands before they can be offered for sale. Recommendations of no use have been received from the Public Safety Depts. The Parks & Recreation Commission also recommends no interest. e. Equipment The Commission discussed placing trail markers beside bike trails, (� fitness trails, etc. A brochure was passed around, however, no action taken at this time. The signs are flexible and colored and would advise direction, "no vehicles allowed", etc. Kayo will assess the need and cost and return at the next meeting with a report and recommendation. i. OLD BUSINESS a. Budoet Kayo reported that the P&R budget had been tentatively approved with the only cut being Kayo's grade increase. 6. NEW BUSINESS a. Kenai Atlas Kayo handed out the new Atlas and gave a report on the revised Landscaping Ordinancs, 7. BEAUTIFICATION COMMITTEE REPORT a. No quorum at the last meeting. a, I.r . r' �• r- PARKS b RECREATION COMMISSION May 7, 1985 Page 3 S. COMMISSION COMMENTS 6 QUESTIONS None 9. ADJOURNMENT There being no further business, the meeting was adjourned. Janet Loper Secretary (from written draft by Commissioner Siebert) s j I r ��I �ii•r1 �, a, � .0 �. .0 I r' ZA IA0 I KENAI BEAUTIFICATION COMMITTEE May 7, 1985 Kenai City Hall Tim Wisniewski, Chairman 1. ROLL CALL Presents Wisniewski, Nelson, Routh, Sheldon Absents Carter, Saling, Them Also Presents Bill Brighton 2. AGENDA APPROVAL No formal agenda used 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. APPROVAL Of MINUTES No quorum last meeting 5. OLD BUSINESS a. Summer Hires Kayo informed the Committee that there have been several applications but none specifically for the supervisor position. Jim Simeroth, a teacher at the high school is very interested in the position and Kayo stated that he has been hired to oversee all crews for the summer. The position will not become effective until after school to out and he is available. Either Kayo or Doug, the supervisor of the Beautification crew will be attending the noon meetings. The Committee and Kayo discussed placement of the flower boxes - to place them close to the building, however allowing enough space to water and work with. Kayo stated that he is very much in favor of grouping rather than placing the boxes alone which allows for easier access to water and maintain. The Committee and Kayo agreed on the type of flowers and shrubs for the coming year. 1 I BEAUTIFICATION COMMITTEE MINUTES May 7, 1985 Page 2 Chairman Wisniewski sugqested placement of the trash barrels: 1 at library; 2 at airport; 1 or 2 at public safety building; (Committee did not return to finish the subject). Committee Member Routh asked about placing a dumpster at a central location for tourists. Kayo explained that the reason there are no dumpaters at the park locations is that they are not always emptied on a regular basis and of course when they are full, the trash blows all over. The Committee requested Candy Nugent be contacted regarding the remaining barrels as it appears that more barrels will be needed. 6. NEW BUSINESS None 7. PARKS 6 RECREATION CnMMISSION REPORT Joint meeting with the Commission this evening. 6. COMMITTEE QUESTIONS b COMMENTS None 9. ADJOURNMENT There being no further business, the meeting was adjourned. r "I Janet Loper Secretary ;:.., (from tape) I I ' i I it r, �f� KENAI BEAUTIFICATION COMMITTEE May 28. 1985 Kenai City Hall Tim Wisniewski, Chairman 1. ROLL CALL Presents Wisniewski, Nelson, Routh, Saling, Them Absents Carter, Sheldon Also Presents Kayo McGillivray The Committee requested a letter be sent to Committee Member Carter, requesting intent, now that the busiest time of the year is upon us. 2. AGENDA APPROVAL Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. APPROVAL OF MINUTES of May 7, 1985 Minutes were approved 5. OLD BUSINESS a. Placement of Trash Barrels b Flower Boxes A map was made available at the meeting. The Commission and Kayo McGillivray discussed the placement which would be most beneficial. The boxes will be arranged in groupings rather than individual boxes per location. This year the Committee decided to try placing some trash barrels in close proximity to the flower boxes in high foot traffic areas. The locations are marked on the map. Kayo McGillivray will be contacting Enstar personally to try to ascertain the whereabouts of the trash barrels and lids that were lost. MOTIONS Committee Member Nelson moved to request Council move forward with a tarp law or any other way to encourage covered loads. seconded by Committee Member Routh BEAUTIFICATION COMMITTEE Regular Meeting, May 28, 1985 Page 2 Chairman Wisniewski stated that he had spoken with the Borough and found that they are giving away tarps in an effort to curb the trash alongside the road. VOTES Motion passed unanimously. 6. NEW BUSINESS a. Proclamation to the Beautification Committee Regarding Little No comments or questions b. Concrete Circle Planters No discussion, comments, or questions 7. PARKS & RECREATION COMMISSION REPORT Minutes were contained in the packet - no questions or comments S. COMMITTEE QUESTIONS & COMMENTS None 9. ADJOURNMENT There being no further business, the meeting was adjourned. The next regular meeting of the Committee is June 11, 1985 Janet Loper (from tape) u ZNfO J i KENAI PUBLIC VEHICLES COMMISSION MINUTES, MAY 2, 19859 700 PM KENAI CITY ADMINISTRATION BUILDING CHAIRMAN JESSE WADE PRESIDING 1. ROLL CALL Present: Jesse Wade, Julio gtjintano, Tim Wisniewski Absents None 2. AGENDA APPROVAL Agenda was approved as submitted. 3. PUBLIC HEARING 3-a Establish Need for Additional Cab Service PUBLIC COMMENT: 1. Dorian Oliver, Soldotna Cab. They have been in business two years. They have been receiving calls from Kenai residents since they started. They have a lot of clientele in Soldotna that carry on business in Kenai, they prefer Soldotna Cab to take them back from Kenai. He has a petition from people who want to be able to do business in Kenai. They should have on alternative. Commissioner Wisniewski asked if he had any problem with Kenai taxis going to Soldotna. Mr. Oliver replied, Kenai cabs can operate anyplace in the Peninsula, other cabs cannot operate in Kenai. His rates are the same as Kenai. They have two cabs. The City of Kenai is the only area that has restrictions. They estimate they are passing up 10 to 15 people per day. There are approximately 126 signatures on the petition. Most live in Kenai. 2. Ralph Kafka, AAA Cab., Soldotna. He agreed with Mr. Oliver. He started his cab company in Nov. 1984. Kenai is the center of the peninsula. It has more people and the airport traffic. His rates are a little lower than the other two companies. There are 7 taxis in Soldotna. Mr. Langston - City Cab, Kenai - added that he had 3. 3. Joe Langston, City Cab, Kenai. He has owned his company for 4 years. There was no other company in the area, he served Soldotna but it was hard for him. He has reviewed the runs Soldotno Cab has had from Kenai to Soldotna - they average one per day. He had a surcharge when he went to Soldotna. The Public Vehicle Commission was formed to regulate the cab industry, not to limit it. Every time there was more than one company in Kenai, they went broke. Hie 3rd cab is KENAI PUBLIC VEHICLE COMMISSION MAY 20 1985 Page 2 only on demand. If the demand for more cabs was so great, he would put another one on line. He ran two cabs for 3 years. The other companies want to have permission to park in Kenai. They have already done this, to ask permission after the crime is not the proper approach. Their vehicles are not inspected by the City, they are not insured for Kenai. He understood AAA Cab only wanted Sterling, Nikiski Cab only wanted Nikiski. If they want a continuous trip, he has no objections. They want to flood the area with cabs. He distributed material regarding deregulation of cabo in the U.S. It is not successful. There is a certain number of dollars that can be made. When there are not enough customers, it becomes booze, broads and dope. The bulk of municipalities that deregulated are now going back to regulated cabs. Soldotna Cab has made a point of hanging out at King George Hotel, they had a deal with them. His drivers have been here many years, they are checked out by the Police. He noted Soldotna Cab has an ad stating they will pick up and deliver to a liquor store. He is forbidden to deliver liquor in Kenai. Police Chief Ross has stated the only complaint he has received was that City Cab did not have commercial license plates, that has been corrected. Commissioner Quintano noted they are talking additional•service, not deregulation. Mr. Langston replied, when you overload service, it is deregulating the industry. He contemplated service to Soldotna, but when Soldotna Cab came in, he did not. There is a $7.50 surcharge to go there. It was a losing proposition for City Cab. Hie business has stayed constant, he has no complaints from the Police or the Public Vehicle Commission. He understood it was legal for them to go to the airport, but they are going to the bars and hotels. Chairman Wade asked if he had reported the violations to the Police. Mr. Langston replied, they have a 557 case �'.. load per officer and are not able to enforce this. He has short -stopped the companies by picking up fares they hear on the radio. Anchorage has very distinct regulations. A cab company can take fares to the City, but cannot pick up fares. He had to show the City as co-insurer for $1/2 Million on hie policy. He would only call Kenai Police if a driver was injured. Police Chief Ross has said he would talk to Soldotna Cab that they were not to pick up in Kenai. tA He delivers in Soldotna, but does not work Soldotna. If he gets a call from Soldotna to go around Soldotna, he tells them to call Soldotna Cab. If they want to come from Soldotna to Kenai, he will pick them up. KE14AI PUBLIC VEHICLE COMMISSION MAY 2, 985 Page 3 4. Robert Cowan, Attorney for City Cab. Public need has not been established, the signatures on the petition just say they want another cab. Concrete evidence is needed to show need. The burden is on the applicant to produce evidence. This could be complaints to the City or petitions stating public service or public need has not been met. 4. REQUEST FOR CERTIFICATE OF PUBLIC CONVENIENCE & NECESSITY 1. Dorian Oliver, Soldotna Cab. Regarding number of cabs, Kenai is larger than Soldotna. All insurance companies require the same amounts. Any cab company in the State is under State regulations. His type of business is very personalized. 90% of his business is by name of the driver. His business ends two miles outside of Soldotna. When this first came up he went to the Kenai Police who said they wanted to clean their hands of it. He has to tell his customers he cannot drive them within the city. When Kenai Police want cabs they call him. He does not want to take Kenai business, just provide his customers with full service. Commissioner Wisniewski asked if he would station a cab in Kenai if he was allowed. Mr. Oliver replied he did not know. He runs 3 at all times. Mr. Kaffka - AAA Cab, Soldotna - stated he runs 3 also. Commissioner Wisniewski suggested if they had statistics in front of them, it would be easier to decides where all 6 cabs go in Soldotna. Commissioner Quintano asked if there are regulations as to how many cabs can be used. Mr. Oliver replied, that is determined by business. He has only used 2 cabs so far, the 3rd one is for additional calls in summer. He felt there is a need in Kenai. People cannot walk where there are no sidewalks. He just wanted to service his customers. Chairman Wade reviewed - Soldotna Cab just wants to bring people from Soldotna to Kenai and return. AAA Cab wants to put service in Kenai. Mr. Oliver replied he would like to put a car in Kenai to see if there is ti a need. Chairman Wade asked if they would agree to condition that they could bring fares from Soldotna and wait but not pick up new customers. AAA Cab and Soldotna Cab representatives replied no. Mr. Oliver said the Police saw nothing wrong with picking up in the City and as long as there was no physical abuse ' they would not interfere. 2. Joe Langston, City Cab, Kenai. Insurance cost per cab is exorbitant, $3,000 per car for liability only. He is a local business and has a local office. The drivers are not allowed in bars. He knew of one - instance when Kenai Police called 'Soldotna Cab. 0 KENAI PUBLIC VEHICLE COMMISSION MAY 2, 1985 Page 4 Commissioner Quintano asked, when did they have more than one company? Mr. Langston replied, about 5 years ago. 3. Guy Hibbert, AAA Cab, Soldotna. He has asked many people, they were adamant that they were not taken care of. His cars are insured. Their rates are not high. They take people that have been drinking, they charge $3 to take them from one bar to another. They have a discount for elderly and handicapped. 4. Alan Ward, City Cab, Kenai. He is their newest driver, about 4 months. If they bring in another company, they cannot live. He makes $200 per week; $30-$40 per day on week ends, $20 per day during the week. He has received complaints of the other companies overcharging customers, and statements that they cannot be picked up on Kalifornsky Beach. He works a 12 hours shift, 5 days per week. They have 9 drivers. 5. Dorian Oliver, Soldotna Cab, Soldotna. From Dec. to April is their slow time, May to Nov. is better. Chairman Wade asked if someone from his company solicited the petition. Mr. Oliver replied yes, signatures were collected by more than one person. He had one, the other individuals did not work for the company. Carol Lampman - Soldotna Cab owner - said it was her idea. _ 6. Johnny Jackson. He asked how the drivers were paid. Ralph Kaffka and Joe Langston replied, a lease business and percentage. Carol Lampman replied, a 12 hour lease. All 3 said the drivers keep the income and give the company 45%. CHAIRMAN REPORT: Chairman Wade reviewed Kenai Code. The only objective proof is the petition, it has not been validated. The Commission recommends that further information be gathered regarding proof of need for service. a. All 3 parties provide Borough sales tax returns for verification of volume of business. Profit is not important, they need justification for additional cabs. b. More tangible objective information provided for they hearing from major retail businesses in Kenai to state if there is adequate service. t, P ' 1 i KENAI PUBLIC VEHICLE COMMISSION MAY 2, 1985 f Page 5 A personal statement or affidavit is sufficient. ADJOURNMENT: Meeting adjourned at 9:50. ca- Janet Whelan City Clerk J i� =NFo - y -(� eommundy Aswty A PUBLIC LIBRARY IN BLRVICL SINC[ 1949 163 Main Street Loop KENAI. ALASKA 99611 REPORT FOR THE MONTH OF APRIL 1985 Circulation Adult Juvenile Easy Books Fiction 1,332 375 1,054 Non-fiction 1,936 ill 235 Total Book Circulation 5,076 Films, Phonodiscs, Periodicals, AV Materials, Puzzles 523 Total Circulation 59599 Additions. Adult Juvenile Easy Books AV Total 0 Gifts 156 7 18 200 ,19 Purchases 286 13 9 308 Total Additions 508 Remedial and Re -worked Books Adult Juvenile Easy Books Total 20 3 10 33 Interlibrary Loans Ordered Received Returned Books 98 76 45 s AV 15 21 19 Interlibrary Loans by Our Library Books Films Phonodiscs ;I 138 95 3 Request forwarded 1, Books ordered from out of state 32 o .} f Volunteers E - Number 34 Total Hours T81 Income Fines and Sale Bookd $ 411.80 " Lost or Damaged Books 69.55 Xerox 228.00 .f Donations 30.00 Total Income for April, 1985 $739.35 Q KENAI COMMUNITY LIBRARY Library Cards Issued April 1985 Kenai Clam Gulch Homer KasiloP Soldotna Sterling ' Nikiski Total Library Cards Issued Library Patronage 5,T6T 156 3 1 6 41 5 19 231 r / • I :1 ID l -TNT -.5" CITY OF KENAI „ail Oapilal 4 4"„ 210 FIDALGO KENAI. ALASKA M11 TELEPHONE 283.7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMISSIONS AND COMMITTEES NAME (i 4ay/el A- QYoa, - Resident of City of Kenai? �yy`- How long? Home Address .2/,j- Dg,,u �.. Or. fojJ&g Tel. Bus. Address 2io F.;/KP„G; Tel. Name of Spouse pa, m„a Presently employed by 6, &,e.,a: Job Title F; Current Membership in organizations: 4SL Pa A& 1,� ef-. of L?AFo a mF Ad gnd- ! Past Organizational membership: Committees interested in: LAl- Jltgni. ! Signature } �I ;i ■ 01% It ?62728,? nNA1 PENINSULA BOROUGH :9 REGULAR ASSEMBLY MEETING MAY 21, 1915, 7t30 P.M. BOROUGH ADMINISTRATION BUILDING ti MAY 1985 ALASKA W A 0 E N D A - CM CLE- Assembly T1 CITY Nash R Valli ALLEGIANCE Mullen Crawford C. INVOCATIONt Rev. Dan Tallison. Ist Saptist.'soldotng Carey .,D. 'ROLL CALL teens Sewall Moore S. '.VACANCY, DESIGNATION OR SEATING OF ASSEMBLyMEKSgR Click Dimick F. APPROVAL OF MINUTES, May 7, 1985 Regular Meeting licosh&n Dale G. COMMITTEE REPORTS Johnson ' - Stephens (a) Education (Walli. Johnson, Mullen, Skogtadl' Sk *red (b) finance (Crawford. Carey. Fandel, Nash) yendel (c) LaTid Acquisition/Disposal (Keene, Johnson.'Noore) (d) Legislative (Dale. Keene. Skogstad) (a) Local Affairs (Carey, Moore. Ste hens)% M Public Works (Sewall, Dale, McGag:n) (g) Natural Resources (McCahan, Dial*, Mulled Stephens. Click) H. AGENDA APPROVAL AND CONSENT ACCPENDA (a) Res. 65-89 "Authorizing Award of Contract t0 toater 1,!onstruc`Ucn for the Soldotna Junior High School -.1 Playfield Development Project" (Mayor) - , , " , .5 1b) Res 1-111 "Approving Construction Documenis'&i e jl r ven"asuLa Hospital 1985 Additions and Alterations Project and Authorizing C.T.A: Architects to Proceed with the Bidding Phase" '(Ms (c) Res. 85-91 "Amending the Allocation of Municipal' id ran T-ru—n3s Provided in Resolution 85-2 By Transfer- ring from Various Projects $3,185.78 to Resurrection River Road" (Mayor) - " .. -i!.- * ... " F.f... , (d) Res. 85-93 "Acts pting.the Proposal and Awar 8-Confray E to first ational Bank of Anchor :s Banking Services" (Mayor) • W Res. is-94 .".-Gia,utin, gt 'a Special Land Us* Pe Extension to West Cook Inlet Contractors, InC., Storage of Equipment and Materials Within Lot Block 1. Three Mile Creek Subdivision" (Mayor)- 1. ORDINANCE HEARING$ (a) Ord. 85-23 "Delegating*to the City of Soldo the 75Fe_rTo_Trovide Zoning Regulation Within the Cit and Riesling Kenai Peninsula Borough Chapter 21.11.. (Mayor) (b) Ord. 85-25 "Appropriating Year 1965-86" (Mayor)ropriating $12.765,099 for School (c) Ord. 85-26 "Providing for a Supplemental Appro'ris- tion of *4 .000 to the Legal Department Budget (Mayor) — - 1wi V0 (d) Ord. 85-26 Approglating Funds for the Borough os sea Year 1 85-861, (mayor) ff"T""Nowsm i J. INTRUDUCTION OF ORDINANCES (a>, Ord. 85-31 "Amending RPS 5.04.100 to Provide for x"sse�;.t Transfer of Unencumbered Balances Between Line Items Within a Major Classification or Depart- • went Which Exceeded Twenty Percent of Any Budget Line item Other Than Capital Projects and Transfers �•� Made for Coat Accounting Purposes".(Mash) iy (b) Oae•e-aposalpStudiesiandgRec00ommendations"d(Nash) l "Amending 2.08.084 to Clarify (c) Ord. 85-38 KPS (Nash) : A ss y genda Preparation Deadlines" (d) Ord. 85-39 "Repealing RYB 1.12.020 H. Which Requires Frepnt of an Informational Dot and Sheetrto All Ordinancesation atIntroduction!' (Crawford) •n (a) Ord. 85-41 "Amending the Soldotna Land Use Map and i ozone a Portion of Government 10, Section 30, ; T5N, R10W. S.M. (Proposed Rivervists Subdivison No. 1) City of Soldotna" (Mayor) :• (f) . rd. 85-42 "Authorising a Land Exchange Between vl eninsula Borough and Lawrence H. and e ens Florence T. Lancashire in Order to Acquire Right- %of -Way for the Realignment of Sports Lake Road Q ,,,•.•; 4 r . 4.in Ridgeway". (Mayor) �t (g)- Ord. 65-49 "Appropriating S995,000 for Acquisition. Moviing Expense for a New Borough f rI pggra ng and School District Maintenance Facility (Mayor) _ , �L 'th). Ord. 85-44 0AuthoriZing and Approving Purchase of Point Fire and n n chor point for the nchor - 3Air.Emergency Service Area' (Dimmick) i s .'t •t ; ';X, K. ' ,CONSIDERATION OF RESOLUTIONS �;(a) Res. 61-92 --Approving the Grant of Public AccessV. -. cross enai aninsa a Borough Patented Lands" k ' ,1 :R .. (Mayor) ,... .4-' ; 1 (�) Res. 85-95 "Fixing the interest Rates and Other 1;r&Tr3--3T $6 495,000 General Obligation Central ; [hui Yeninsuis Hospital Service Area Bonds. 1985 B Accepting the Offer of Boettcher i • Series and Company for the Purchase of the Bonds (Mayor) . `;?nlr,•;4}- ix; ,nY •,:,(c) Res. 85-96 "Providing for Executive and Administra- va a ary Assignments for Borough Staff Department (Mayor) ; Beads and Other Exempt Personnel' •a, , .�y;,r.. �.r•. :. id) Res. 85-97 "According Equal Treatment as to Wages an . a ar ea of Certain Employees Excluded from the Between the Borough ` Collective Bargaining Agreement Kenai Employess Association" (Mayor) '•, and the oron 'f •. • .� L. PENDING LEGISLATION (This item lists legislation which will be addressed this matins) �*! at a later time as noted# not for action ta> Ord. Ates,priaaratus Anaual•Yaymanfor t"ikamisli 6/4 •fir Area App Servi e Firs Service (b) Ord. 85-29 "Making Ilppiopriations to tbs Service fiscal Year 1985-86.t_:: ...,to ; ;'e . Areas in the Borough for ..r May or) REAR 6/4 ... c; ..,,, z' =w;% %-1 tea' �' ^ �`r�;y• c (a) Ord. 65-30 "Appproppriating and Authorizing the Expenditures of 5460.215 of Borough Funds to Proceed Through the Construction Phase for Renovation of Homer Middle School Project" (Mayor) HEAR 6/4 (d) Ord. 65-33 "Mending Ordinance 84-64 to Reflect Corrected Legal Descriptions for Two Parcels." (Mayor) HEAR 6/4 (a) Ord. 85-34 "Enacting a Now Chapter 2.60 to the Borough Code to Establish a Youth Commission and to Provide for the involvement of Young Peop16/4 in Local Government." (Carey. Diemiek) H¢EAARR (f) Ord. SitnligenlaoNRgytemWhitheKenapnisuBorugh"HEA6/4 (g) Ord. 85-36 "Establishing Advisory Planning Commissions in the Communities of Anchor Point. Ninilehik. Fritz Creek and Diamond Ridge.;(Dismic . Keene. and Wall!) REAR 6/4¢�'rf{' (h) Ord. 84.43 "An Ordinance Establishing M:hi Kali• fornsky Piro Service Area to Provide Fire Protec- tion Servi!ces and P !ddi!ng for an Elected Board" (Mayor) (Postponed-�1-85) ,•.f;', (i) Res. 65-22 "Supporting the Applications of the City of Homer and Xachemak City for Transfer of Lands --From the State for Public Use" (0imici.11 STPND 2/5 I s' M. 76RMAL PRESENTATIONS WITH PRIOR NOTICE UPOb�J=8 NOT ON THE MEETING AGENDA ' . ; 'x "r �aJn, ; ,- 1 =(a) Fireworks Proposals in Swards Louie 1MisitiiJr. (b) Upgrade of Panoramic Dr.. Christine Truib4q-d ' V N. MAYOR'S REPORT e (a) Fire Alarm Upgrade i Site -Improvements at p �; (b) Lamplight Road Phase 11, Change Order Repo,- ; 0. OTHER BUSINESS ; . 4 tS%•. (a) Request for Waiver of penalty and Interes David i Dorothy McCord P. A69 MELY AND MAYOR'$ COMMENTS Q, PUBLIC COlO = AND PUBLIC PRESENTATIONS UPON .' -NOT CONTAINED IN THE ASSEMBLY'S AGENDA R. IIWORMATIONAL MATERIALS AND REPORTS (a) Ninilebik Townsite US$ No. 3036. TR A 4 B, Ssietion 1�y ' +i 34, T1S. R14W. Vacation of 3 Dedicated Righta•of•Way,� (b) Tice Acres Subd.. Vacation of a portion of Section Line 3 - 4. T6S, R14W, S.M. ^ti` J` „' A (c) Southfork Subd.; Vacation of a Portion of Sectioa Line Between Section 3 - 4, TSS, R1SW, S.M. S. NOTICE OF NEXT MEETING AND ADJOURNMENT (June 4, 1985) � fJ� I A/ r-0 —7 �26272829x,� •V-V jjAA^^!!M MAY 1985 'A STATE OF ALASKA O CITY ADMIN. D TMENT OF TRANSPORTATION AND PUBLIC FACILITIES - a�CITY OFKENAI �� CENTRAL REGION DESIGN AND CONSTRUCTION 91141lvn INVITATION FOR BIDS Sealed bids in single copy for furnishing all labor, materials and equipment, and performing all work on Project No. HES-022-1(3)/E90162, Kenai Spur Road at Kenai River Crossing Road, described herein, will be received until 2:00 p.m. prevail ing time, June 26, in the Office of the Chief of Technical Services, 4111 Aviation Dr., Anchorage, AK. This project will consist of intersection improvements with signalization, channelizatlon, I illumination, radius widening and signing. The project is located In Kenai, Alaska. The principal quantities of work are Asphalt Concrete, 28 tons; Dowel Curb, 766 L.F.; Standard Signs, 206 S.F.; Traffic Signal Systems, L.S.; and Thermoplastic Pavement Markings, L.S. The Engineer's Estimate is between $100,000 and 250,000. All work shall be completed in 180 calendar days. ,-� The Department of Transportation and Public Facilities hereby notifies all _ bidders that it will affirmatively assure that in any contract entered into pursuant to this Invitation, Disadvantaged Business Enterprises (DBE) and Women Business Enterprises (WBE) will be afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color, national origin or sex in consideration for an award. The DBE goal for this project is 5 percent. The WBE goal for this project is 1 percent. r PLANS, SPECIFICATIONS AND BIDDING INFORMATION MAY BE OBTAINED by all who have a bonafids need for them for bidding purposes from Chief of Technical Services, 4111 Aviation Drive, Anchorage, AK., 907/266-1674 (malting address, P.O. Box 6900, Anchorage, AK 99502). Documents are aval I able for INSPECTION at: AGC Offices in Anchorage, Fairbanks, Juneau, Seattle and Tacoma; MBE Services Center, Anchorage; Construction Plan Bureau, Anchorage and Fairbanks; Northwest Plan Center, ' Seattle and Portland; Dodge -Scan, Seattle; Construction Data News, Seattle; Regional DOUPF, Technical Services, Anchorage, Douglas and Fairbanks. I J ! I !I �I 1 J 'O CITY OF KENAI FOR COUNCIL INFORMATION Transfers of Funds under $1,000 under KMC 7.25.020 (a) Date Department Amount From To Explanation 5-10-85 Library $950.00 Rep./Maint. Comm. Library Network fees, computer charges ,- 5-10-85 Communications 100.00 Rep./Maint. Advt. To advertise maintenance contract for FY86 5-13-85 Airport Lands 700.00 Contingency Advt. To advertise land sales for competitive bid 5-14-85 Library 49.00 Rentals Transp. 1985 American Library Conference housing expense 5-16-85 Airport Admin. 836.00 Office Supp. Mach/Equip. To purchase typewriter for Airport Manager 5-17-85 Bldg. Inspector 50.00 Rentals Misc. To purchase new code books 5-22-85 Police 500.00 Prof. Svcs. Rep./Maint. Paint and materials to refurbish garage 5-23-85 Water 350.00 Contingency Sm. Tools Various wrenches• etching tool ld. cMoLTCHING5 c. May 13, 1985 rY CITY ••••!,e,Tr;. Mr. Jeff Labahn, Land Manager CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611 RE: Lot 1, Baron Park Subdivision Dear Mr. Labahn: As of this date we still have not received the information we need from the manufacturers to give you an accurate site plan. We are hereby requesting an extension in order to comply with your request. We will advise you as soon as this information becomes available to us. Thank you for your patience in this matter. Sincerely, '. David L. Hutchings Present DLH/np T PO BOX 950 SOLOOTNA ALASKA S9669 907-262-5BS1 1, r ; I 'I ZAIF6 - io KENAI PENINSULA ROROUGH REGULAR ASSEMBLY MEETING JUNE 4. 1985. 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA. ALASKA - A G E N D A - -«91st%l � . Assembly A. TO ORDER Nash B. PLEDGE OF ALLEGIANCE Valli Mullen Cra C. INVOCATIONs Rev. Bob Larrabes. Kenai Baptist Church Carrme►yfosd D. ROLL CALL Keene Sewall re E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBER Glick Dimmick F. APPROVAL OF MINUTES (none) McGahan CG&bAU G. COMMITTEE REPORTS Dale Johnson (a) Education (Walli, Johnson, Mullen, Skogstad) Skogstad (b) Finance (Crawford, Carey, Fandel, Nash) Vandal (c) Land Acquisition/Disposal (Keene, Johnson. Moore) (d) Legislative (Dale, Kyeene, Skogstppad) (f) Local PublicAWorkss(SewallMoor, Dales- SSMcGahsn�s) (g) Natural Resources-(McGahsn, Dale, Mullen, Stephens, Glick) (h) Data Processing Steering (Glick. Nash) H. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 85-99 "Granting an Easement to the City of eva� r3Hi Electric Distribution and Transmission Line Across, Lot 1, Bear Creek Fire Station No.1 Subdivision" (Mayor) . (b) Res. SS-5 "Declaring the Round Portable Clissroom n c, at }%10mer High School Surplus to the Needs of the School District and the Kenai Peninsula Borough" (Mayor) (e) "Commending Nalco Chemical Co. for its Participation in the May 16 - 18. 1985 Hazardous Cleanup Day" (Mayor) I. ORDINANCE HEARINGS (a) Ord. SS-27 "Appropriating $151,795.37 for Nikiski ri"'e"5erviee Area Apparatus Annual Payment-- (b) Ord. 85-29 "Making Appropriations to the Service rear IF the Borough for Fiscal Year 1985-8611(Mayor) (e) Ord. 85-30 "Appropriating and Authorizing the TKPQnJProceed Through ures of O Through theConstructiuonPFundsgh to Phase for Renovation of Homer Middle School Project" (Mayor) (d) Ord. 85-33 "Amending Ordinance 84-64 to Reflect F orrecte gal Descriptions for Two Parcels.,, u {. (Mayor) . (e) Ord. 85-34 "Enacting a New Chapter 2.60 to the Borough Code to Esrablish a Youth Cnasnission and ro Prnvtde for the lnvolvcmenr of Young People in (Heal Cove..mnent." (Carey, Dimmick) (f) Ord. 85-35 "Establishing a Uniform Street Naming } ystem thin the Kenai Peninsula Borough" a• u J. INTRODUCTION OF ORDINANCES (b) Ord, 85-32 'Appropriating $58.000 for Hazar. s Waste Disposal Studies and Rseommend*tions" (Nash) (a) Ord. 85-40 "Amending Chapter 20 of the Borough codef or inances Regarding Subdivision of Land (c) Ord. 85-38 "Amending KPB 2.08.084 to Clarify Within the Kenai Peninsula Borough" (Mayor) Assembly Agenda Prepa:!t(on Deadlines" (Nash) (b) Ord. 85-45 "Makin;an Appropriation to the (d) Ord. 85-39 "Repealing KPB 1.12.020 H. Which Requires Capital ra.)ects Fund in the Amount of $6.495,000 Preparation and Attachment of an Informational Data Introduction" (Crawford) From the Proceeds of the Sale of General Obliga. Sheet to All Ordinances at tion Bonds for the Central Peninsula Hospital Service Area for the Capital Improvaents of the (f) Ord. 85-42 "Authorizing a Land Exchange Between Central Peninsula Hospital, and to Reimburse the the Kenai Peninsula Borough and Lawrence H. and T. Lancashireinto Acquire Right - General Fund for Coats of Architectural Services" (Mayor) Fiore ce y for the Realignmentports Lake Rosa in Ridgway" (Mayor) (c) Ord. 85-46 "Authorizing the Receipt of Various rants ram the State of Alaska Totalling (g) Ord. 85-43 'Appropriating $995.000 for Acquisition, New Borough $3.766.500 Made by Chapter . Session Upgrading and Moving Expense for a Laws of Alaska IgA5, and Approp— riaaing the Funds School District Maintenance Facility" (Mayor) to Project Accounts" (Mayor) (h) Ord. 84.43 "An Ordinance Establishing the Kali- (d) Ord. 85-47 "Authorizing an Appropriation from foresky Fire Service Ate* to Provide Fire Protec- and r5-7-85ng for an Elected Board the General Fund in the Amount of $80.000.00 (tionMayor) r)(PServiose (Mayor) (Postponed 5-7-85) for Additional Paving at Susan B. English School" (Mayor) (i) Res. 85-22 "Supporting the Applications of thif City D. CONSIDERATION OF RESOLUTIONS of Homer and Rachomak City for Transfer of Lands From the State for Public Use' (Dimmick) PSTPND 2/5 (a) Res. 85-100 "Approving Reassignment of Expenditures oomer y Applied to Bond Funds and Transferring M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON Funds to Appropriate Accounts" (Mayor) THE MEETING AGENDA (b) Res. 85-101 "Providing for Broadcasting of Regular N. MAYOR'S REPORT an pec a Assembly Meetings and Awarding Contracts (a) Skyline Drive Survey Proposals and Soils Report to Radio Stations KSRM. KGTL, and KRXA for Fiscal Year 1985-86 to Provide Broadcasting" (Mayor) (b) Cischanski Road Survey Proposals and Soils Report (c) Roo. 85-102 "Transferring Federal Revenue Sharing ung�tram Appraisal of Oil Plants to the Assessing 0. OTHER BUSINESS Department for Acquisition of Systems and Equipment" (Mayor) (a) Vacation of 3 Dedicated Rights -of -May, Ninilchik Townsite USS No. 3036, TR A 8 B, Section 34. T1S. (d) Res. 85-103 "Authorizing Award of Construction R14W, S.)i.s Notice of Reconsideration of Veto ono rai C=O for the Homer Middle School Renovations yor (b) Hyacinth Loop Liquor License Protests Notion to Recind (a) Res. 85-104 "Setting the Rate of Levy for Real and crag" onalProperty Taxes for the Kenai Peninsula Borough P. ASSEMBLY AND MAYOR'S COMMENTS and forAreas within the Borough for the Tax Year1985" (May Q PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEKBLY'S AGENDA (f) Rea. 85-106 "Approving the Addition of the Soldotna Eiem�en ary School Addition Project to the List of 1985 R. INFORMATIONAL MATERIALS AND REPORTS Bond Issue Projects" (Walli) S. NOTICE OF NEXT MEETING AND ADJOURNMENT (June 18. 1985) (g) Res. 85-107 "Supportingg a Rural Development Assistance ran ram the Alaska Department of Community and Regional Affairs for Watching Funds for the Purchase of Fire fighting Equipment for the Homer volunteer Fire Department. Inc. (Mayor) L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noteds not for action this meeting) (a) Ord. 85-31 "Amending KPB 5.04.100 to Provide for Assembly Transfer of Unencumbered Balances Between Line Items Within a Major Classification or Depart- ment Which Exceeded Twenty Percent of Any, Budget Line Item Other Than Capital Projects and Transfers Made for Cost Accounting Purposes" (Nash) U.S. Department of Transportation Federal Aviation Administrotion May 23, 1985 Alaskan Rogion _V// ;:-'O - !/ 701 C Street. Box Anchorage. Alaska 0951.1 rii:C: lYisD ' 1985 VY CrrfA-- Mr. Jeff Labahn Land Manager City of Kenai 210 Fidalgo Road Kenai, Alaska 99611 Dear Mr. Labahn: Proposed Motel Development Lot 2A, Block 1, FBO Sub. We have completed our land use compatibility review and have no objection to Mr. Dave Pitts proposal for lot j 2A, Block 1, FBO subdivision. i However, we wish to emphasize the need for the Airport Master Plan update to reassess existing and proposed land uses, in the detail necessary, to determine appropriate lot size for the specific uses identified. Until a thorough land -use reassessment is completed any future unilateral replatting of airport lands that results in incompatible (nonaviation) land use will not be favorably reviewed by our office. The FBO subdivision is a prime example of the potential for nonaviation land use, adjacent to Willow Street, due to the long narrow lots within the subdivision. Review of the FAA Form 7460-1 submitted by the proponent is currently in process, and he will be advised of the FAA's determination upon completion of that review. His proposal does not constitute an obstruction as defined by FAR Part 77, hence r do not anticipate an airspace problem. rf additional clarification is desired do not hesitate to contact me. Sinc rely, Jam s S. Perham, P.E. Acting Manager, Planning and `J Programing Branch Airports Division TSaF �: —_ S _. •Il1YiJ.Y •r -'��Sti �1�W �.Cr r.. /.i±�.�!.ti.' • . zNFv-ia AA 7.1 y9000, k.gr n, b'1AY1988 cr RECEIVED �� T �'�,w ':, p Irbllo work, Oceadech D City of Kenai v`" r °` May 14, 1985 210 Fidalgo Invoice #14451 Kenai, Alaska 99611 Ref: Cook Inlet Vew Drive and Lilac Street To invoice you for a progress payment in accordance with our agreement with the City of Kenai on the above referenced project: Contract Amount 11,500,00 This Billing 667.00 ✓ Contract Amount Remaining 10,833.00 *' Draftsman I 12" rs @ 40,00� 480.00 Draftsman II 5.5"hrs @ 34.00� 187.00�/ TOTAL THIS INVOICE 667.00'�' , FOR COUACIL NEETINFe OF '0 ��' Us ty Istor. —(3 AttW" . t(t Wales ---� City CWk 8911� o►taNttt Ts �uomut.� t c ws J 0. 2502 West Northern Ughts Blvd. lAnchorage, Alaska 995031 Telephone 9071248.38881 Telex 26,485 c City of Kenai FY 85 Road Improvement Projects MONTHLY PROGRESS REPORT Job No. 6510.3 Contractor Ocean Technology, Ltd. Projects Cook Inlet, Lilac Activities Completed$ 40% of the surveying has been completed. Activities In Progreso$ Finalizing the surveying. Activities Planneds Date 5/28/85 Completion of plans and specifications. Internal review. Prepared Reviewed bys 7 Percentage Completeds Overall Surveying Engineering Specifications 20% 40% 10% 10% 0 Alc 7 2 9, Y ?POP, ke Pr I:, I E /-� _J tiE �9 rNovi �r • . City of Kenai 210 Fidalgo Kenai, Alaska 99611 Ref: South Spruce Street To invoice you for a progress with the City of Kenai on the Contract Amot /01 This Billing 1J Draftsman I 12/hrs @ 40.00� Draftsman II 5.5 'hrs @ 34.00� Contract Amc Oceadech May 14, 1985 Invoice #14450 480.00 -*" :e with our agreement )ject: 7 , 000.00'/ 667.00 6,333.00 187.00 "" TOTAL THIS INVOICE 667.00 FOR COUNCIL MU104 OF �t/ UW. --.{] AUM" b worts •-- 3 Of Irwk TF tM -wm dew GOWN ON pa0 prrt 2502 West Northern Lights Blvd. /Anchorage, Alaska 99503 / Telephone 907/ 248.3888 / Telex 28.485 ti" . r i i ' I City of Kenai 8Y 85 Road Improvement Projects MONTHLY PROGRESS REPORT Job No. 6510-4 Contractor Ocean Technology, Ltd. Projects Spruoe Activities Completeds None. Activities In Progress: Activities Planneds Y Prepared b s 'G� p Reviewed by: Percentage Completeds Overall Surveying Engineering 0 0 0 Date 5/28/85 Specifications 0 1` MAY, � HU— vC41V of '`.. PU 10 D Oceaiffech WAS pL City of Kenai V,� ,.,, r,�• , Kenai, Alaska 99611 Invoice #14449 Ref: Juluissen, Basin View, Ames, Barabara To invoice you for a progress payment in accordance with our agreement with the City of Kenai on the above referenced project: Contract Amount r J %Aro.00 35 ,6.00 4' ;, 7Sv. oo This Billing 19, 474.00 Contract Amount Remaining 3-Man Crew i9�76•0D 136.5 hrs @ 130.00 17,745.00/ Chief of Parties FOR COUNCIL M1111KG Gi 14hrs @ 55.00" �•, 770. 00� g vr°worm ''Y fAM.c hu�ws City —, j cwN fir~ Mt1:ntM T7 -'vomitus S Computations (/I/- Raft) QM4 ux r M9 CPS / o,r 5 hrs @ 42.00 C�Q �cg�lcl ooeT�o,A 210.00✓ Draftsman I 00 11.5 hrs IS 40.00 460.00"' Draftsman Ii .101 8.5 h� rs @ 34.00 289,00"' TOTAL THIS INVOICE $19,474.00 2502 West Northern Ughts Blvd. /Anchorage, Alaska 995031 Telephone 9071248.38881 Telex 26-485 City of Kenai FY 85 Road Improvement Projects MONTHLY PROGRESS REPORT Job No. 6510-5 Date 5/28/85 Contractor_ Ocean Technology, Ltd. Projects Juliussan, Basin View Ames, Baraban Angle Activities Completeds Design 70% complete. Specifications are 60% complete. Activities In Progreass Culvert locations and specification completion. Activities Planneds Internal review. Prepared Reviewed bys-y-12b / Percentage Completeds Overall Surveying Engineering Specifications 75% 95% 70% 60% r ,f LV s 1-1 �J A�G 71I. y900D. SO iSr ti�ti�2y .303 �► RECEIVE .�i lily of Ketal � OceaffecuPublic Wo rko Dept ."? City of Kenai t<<y� %1 4 May 14, 1985 210 Fidalgo �!'�i ���•�'Invoice #14452 Kenai, Alaska 99611 Ref: Marathon Rd. Relocation To invoice you for engineering services in accordance with our agreement with the City of Kenai on the above referenced project: Contract Amount 2,500.00-'-' This Billing Q� Contract Amount Remaining 0 Professional Engineer FOR COUNCIL MUT1 c OF 5 hrs @ 70.00 350.00✓�K Engineer I aNrau r' M4( aemnur +r-•ew coma ax C?i* Gres . 2'�hrs @ 65.00� 130.00✓ 1 2-Man Crew 16/hrs @ 92.00✓ 1, 472.00✓ Na T/ 45�0 Computations (/o x afe)t&--014 oi1a4 4 hrs @ 42.00 ryp 168.00 ✓ Draftsman I 9.5hrs @ 40.00✓ 380.00 ✓ TOTAL THIS INVOICE roo.00 2502 West Northern Ughts Blvd. l Anchorage, Alaska 995031 Telephone 9071248-3888 / Telex 26.485 . ii n I 1 I -- i - f F � Y {1 i City of Kenai FY 85 Road Improvement Projects MONTHLY PROGRESS REPORT Job No. 6510-1 Date Contractor Ocean Technology, Ltd.. Projects Marathon Road Activities Completed: The design is complete exoept for the final relocation of the . power poles. This is still in review by SSR Engineers, suboon- traotors to HEA. Activities In Progress: Once the HEA plan is received, OceanTeoh will note the scope of work on the plans and bid documents and submit for complete re- view. This should be done by 6/1/85. Coordinating with FAA re VOR cables to be relocated. Activities Planned: Provide FAA with copy of HEA's plan to relocate power cables. Prepared bys Reviewed bys Percentage Completed: Overall Surveying Engineering Specifications 99% 100% 98% 100% 1 I , T 41C 7 -z 7. Y 90 0 0. �v sj--- FCEIVED `y HIVFo•l(0 r y, OceanTech City of Kenai .i o• 210 Fidal o y a 1985 Kenai, Alaska 99611 Invoice #14448 Ref: Robin, Kenaitze, Eagle Rock, Sandpiper, Tern, S. Strawberry Rd. To invoice you for engineering services in accordance with our agreement with the City of Kenai on the above referenced project: Contract Amount 13,500.00 This Billing ' Contract Amount Remaining 0 Chief of Parties 2 "Ihrs @ 55.001/ 110.00-/ FOR raumm U1KT= OR 2-Man Crew `.7 +tr rtgr. : UM" L;" (mfe warn ...._.,A. —ty curt 17 hrs @ 92.00 1,564.00 caeca oK Lw r;�Yes 3-Man Crew ck_.. 53'�hrs @ 130.00/ 6, 890.00✓ 4-Man Crew 8 hr @ 164.00'/ 1,312.00 Computations �/vo Rq-re1 , t 43. 3 hrs @ 42.00 aK �o�+r�°�" 1, 827.00✓ i Draftsman I i 2 hrs @ 40.00✓ 1, 000.00 i Draftsman II v. 2/hrs @ 34.00✓ 782.00 J TOTAL THIS INVOICE $13,485.00 9- 2 A0_0l0o - // Ybr ooii 2502 West Northern Ughts Blvd. /Anchorage, Alaska 995031 Telephone888 / Telex 26-485 City of Kenai FY 85 Road Improveamt Projects MONTHLY PROGRESS REPORT Job No. 6510-2 Date 5/28/85 Contractor Ocean Technology, Ltd. Projects Robin, Kenaitze Eagle Rook Sand i T S �., i p per,.Strawberry Activities Comaleteds The design work is 90% completed on all 5 roads. 50% of the j specifications have been finished. Utilities locates complete. Activities In Progresss Final completion of the plans and specifications. Activities Planneds Internal review. Prepared bys 0, C ., Reviewed by: Percentage Completeds i Overall Surveying Engineering i 80% 100% gp% SPeoifioations 50% rl Wm. J. Nelson & Associafes TRU.TUR, r/ • P.O. BOX 1A66 KENAI. ALASKA 88811 81B FIDALOO, SUITE PO4 May 30, 1985 1Z 930. r ti MAY1985 City of Kenai,' RECEIVED y P.O. Box S80 ' G1Y of WW co Kenai. AK 99611 01U1D Woft 0 L �� M COUNCIL WUXI OF 7.2 q, 4(900 0, k'0 9 7 <<9 F,AC tt WWU --a C04 CW* STATEMENT t • --E3 ....�� Main Street Loop, Lake, M Cftwu ex � Cb"-" Granite Point, FBO Road nspection LOp/v4r/ //.Z11660.00 Previously Billed through 12/6/84s $39,860.48 Payments Received: (39,860.48)� i • Professional Services through 5/26/85: PRINCIPAL/ENGINEER 4.5 hrs/65.006/ 292.50 � INSPECTOR 40 hrs/40.00"S.T. 1.600.00 rl 4 hrs/49. 00"0. T. 196.00 CLERICAL r. I. .5 hrs/25.00 12.50/ SURVEY 3-Man Crew 27.5 hrs / 176..,0 .10 4 , 853. 78 '/ Miscellaneous Expenses: COPIES 270 .15 (Pay estimates, field memos, quantities since 10/6/84) 40.50 VEHICLE p 5 days 8 40.00" 200.00 TOTALS 7.195.25 I', a r :IL,...L3(::e�.L)4+L•{�.%'�eCLc.:il'l�'r..,:�f%�:i��_.; •s•:. i Wm. J Nelson Associafes 9TRUCTUaR XI 1G I -� g P.O. BOX 1 BB6 KENAI, ALASKA 99BI I RI FIOALOO. SUITE 204 May 30, 1985 1/'tr M4 A �% c 7.2L.'{9o00• b'o97 �' RECEIVED „J City of lletla! e� City of Kenai c�.�PtIbno W0f D P.O. Box 580 !g �,�� iM COUWA INAL 4 Of 3 flS Kenai, AK 99611 << b1���+` --�] CRY Mr. Q wi�wbd C% �7 9 006, oo Eft" 5—; STATEMENT Cttt OK cpb c3ft M8522 - E. Aliak, North Highbush Lane, Swires Dr. South Highbush Ln., Bumblebee St. nspection and Construction Surveying Professional Services 5/6/85 through 5/24/85s PRINCIPAL/ENGINEER 36 hrs/75. 00 X $2, 700.00 CLERICAL 9 hrs/25.00 225.00 t ' TOTAL: $2,925.00 i a �j�I�,t l��.i/. -.: , �,t ;;A� ...: I' ;��,N' ,.•�� .�.-�' .•. _,�,��,�. �•:,%� ��r,�h��c�w'r�1 �MI :/ems.-�/.tr.: -. •E;�.-�I•.: ciL.L�" •u.., :•..2!x.siaii. Y.i:ila:H1:�:±..di/!5�-y. • .-!w1:W{i+i.�::i C! ' T I INFO /9 U1.1ArPPROVED KENAI PUBLIC VEHICLES COMMISSION MINUTES, May 17, 1985, ls45 PM KENAI CITY ADMINISTRATION BUILDING CHAIRMAN JESSE WADE PRESIDING Chairman Wade. At the adjournment of the last meeting we asked for additional information regarding the applications. 1. ROLL CALL Present: Jesse Wade, Julio Quintano, Tim Wisniewski Absents None 2. AGENDA APPROVAL Agenda was approved as submitted 3. APPROVAL OF MINUTES of May 2, 1985 Minutes were approved as submitted 4. PUBLIC HEARING r- a. Establish Need for Additional Cab Service PUBLIC COMMENTs Chairman Wade stated that only new or additional information is to be brought forward at this time. We have received some items: affidavits from people of the city (merchants and individuals), and a form type petition, also financial reports from Soldotna Cab regarding the Borough sales tax, and received a balance sheet (160) from City Cab. a. Guy Hibbert, AAA Cab Service. Mr. Hibbert stated that he had not received notice until too late to submit his material, Chairman Wade pointed out that it was unfortunate, however, there were other means of notification, one being the newspaper. b. Mike Dooley, 707 Peninsula Drive, Kenai. I have seen other places in the past where controversy over public conveyances has hurt the public. I do not know what happened at the previous meeting, but this should be left to "supply and demand", "survival of the fittest", only recommendation would be to serve public safety, let the beat survive. None of us know what future growth of Kenai will be. Just because they are coming in late it will hurt the productive growth of Kenai not to let them. Chairman Wade asked Mr. Dooley if he knew any of the companies, answer no. Chairman Wade asked Mr. Dooley if he used cabs, answer no. Chairman Wade asked Mr. Dooley if he was affiliated with any of the three cab companies, answer no. Chairman PUBLIC VEHICLES COMMISSION Regular Meeting, May 17, 1985 Page 2 Wade asked for the basis for Mr. Dooley coming here today, Mr. Dooley answered that other than objecting to limited entry, even if I have no plans to enter into the market. The Commission Recessed Chairman Wade noted that in reference to AAA Cab Service complaint regarding notification, City Clerk Whelan checked and found that the address was submitted incorrectly on the application. Chairman Wade stated that the Commission had decided to issue a permit to one of two applicants. There is a complication, the Commission wishes to allow until next Thursday for information from AAA Cab Service to submit their material. The reason this is to be considered is to evaluate both companies. AAA has not provided financial data statements but they are first applicants for consideration. The Commission has decided to issue one only and will allow a second cab to standby or back up. If it is the desire of the applicant to submit further information, do so no later than Wednesday at noon. Admin- istration can evaluate between the first and second applicants. The Commission can choose between the two applicants. After information is provided to city hall and the Commission has a meeting to evaluate it then will render a decision and authorizes the clerk to send out notification to successful applicant. At that time, the clerk will send out proper function criteria the applicant must abide by as stated in KMC. Commissioner Quintano stated that the reason behind the decision is based on Mr. Langston's signatures. It is obvious he has fair amount of support in City. In reviewing the numbers he has put forward business is good. The feeling is if good service is maintained and he can maintain this kind of support, hopefully we won't have a situation where both will go broke. Allowing a new company we feel will allow choice for these few that don't agree with service of City Cab. If anyone will take away business from someone else it will be based on good service. Numbers indicate that should not happen. Hopefully there will be enough for other company to do their share, taking people from Soldotna. Hopefully the good service will balance out to where no one company will be hurt and we will not cut back on companies from Soldotna. Chairman Wade stated there are steps for appeal of Commission decision. For further consideration of AAA Cab Service they must function punctually. Information will be evaluated if they provide. 5. REQUEST FOR CERTIFICATE OF PUBLIC CONVENIENCE 6 NECESSITY. v-� PUBLIC VEHICLES COMMISSION Regular Meeting, May 17, 1985 Page 3 PUBLIC COMMENT a. Joe Langston, City Cab. One permit to run one cab in the City? I have permit for each cab. Chairman Wade stated that each cab has a certificate for a cab itself. A company does not receive certificate of operation? Mr. Langston replied that the company gets City certificate and each cab is certified. Chairman Wade stated that the Commission will allow two cabs as long as they meet the criteria. Two functioning cabs and one backup. Mr. Langston stated that backup will have to be certified so there will be three cabs. Commissioner Quintana stated that it will be a total of two certificates only. Mr. Langston pointed out that when he applied for the third permit he had to apply to the Commission. Chairman Wade stated that if we issue a permit for two cabs plus one backup that is what they are allowed. Mr. Langston asked if the intent was to allow three cabs? Commissioner Quintano answered that the intent is for one cab and one backup. = Chairman Wade agreed, both will be certified. 6. ADJOURNMENT r- There being no further business, the meeting was adjourned at 2:50 PM. w Janet Whelan City Clerk I �J i i INVOICE McLANE & ASSOCIATES, Inc. Rt OISTCRtO LAND SURVtrORS 4 P.Q. BOX 4ta 0 PHONE Zat-42t• j�„iTy ?s SOLOOTNA. ALASKA 99ee9 May 29 , 1985 PLEASE INCLUDE [ NUMBER ON CHECK I�J N° 3123 i , of Kenai --D artment of Public Works V ttention: Keith Kornelis 210 Fidalgo Kenai, Alaska 99611 JOB NO. 85-4001 •LtASt •AV FROM INVOICt Not*. Any amount unpaid after 10 days will be cutoe^% to an interest Marge of 1.5% per month. Reference: MAP PROJECTS Aliak, McCollum, Cinderella, Fox, Princess & Linwood Extension. Charges for Services Rendered through May 25, 1985: Fee $ 12,371.34 Tax (K) Govt. Due � $ 12,3:1.34 ., �FOR -� COUNCIL MUTING OF aw u C�NW- --0 Attttt" �•�-f� city Ck* or,4 ql M sutrndt� a;V7 . C"W'H OK :340 ©VIS Ck i MOLA e IL A880CIATBe, INC. PROFESSIONAL SMEERS, SURVEYORS 6 PLANNERS May 29, 1985 City of Kenai Department of Public Works Attention: Keith Kornelis 210 Fidalgo Kenai, Alaska 99611 Res Aliak, McCollum, Cinderella, Fox, Princess & Linwood Extension BILLED UNDER ADDENDA NO. 2 Statement of Charges Rendered Through May 25, 1985 Reference: MAP PROJECTS Our Invoice: 3123 Our Job Number: 85-4001 Professional Engineer 8.0 @ $ 60.00' $ 480.00' Registered Land Surveyor 10.0 @ $ 60.00- 600.00- Civil Engineer 96.0 @ $ 50.00" 4,800.00- Soils Technician 2.0 @ $ 45.0V 90.00' Computer Technician,-4HP85 2.5 @ $ 60.00-- 150.00- Drafting 64.0 @ $ 32.00' 2,048.00- Field Crew, 2-Man 13.5 @ $ 78.00- 1,053.00- Field Crew, 2-Man, Overtime 1.0 @ $100.00- 100.00' Field Crew, 3-Man 13.0 @ $110.00' 1,430.00- Field Crew, 4-Man 8.0 @ $142.00- 1,136.00- Total $11,887.00 y Additional Charges: Field's Excavation Invoice 1355 $420.00' Alaska Kwik Kopy's Invoice 3704 4.59' Alaska Kwik Kopy's Invoice 3885 15.75i $440.34 K 10% Overhead 44.00/ $ 484.34 Total Due This Invoice $ 12,371.34'' Total Contract with Addenda $99,350.00 Billed to Date (Including Above) 76,506.47 Balance $22,843.53 P.O. BOX 4BB SOLOOTNA. AK 99669 907-2B3-4219 F City of Kenai, MAP PROJECTS r Lane & Associates, Inc. invoice 3123 Our Job Number 85-4001 Date PE E ST CTHP D RLS F-2 4-01-85 3.0 2.0 4-03-85 4.0 4-04-85 3.0 4-06-85 3.0 4-08-85 2.0 4-09-85 2.0 4-10-85 2.0 4-18-85 2.0 4-19-85 2.0 4-24-85 1.0 4-26-85 2.0 2.5 4-29-85 1.0 4-30-85 2.0 2.5 5-01-85 2.0 1.0 5-02-85 5.0 3.0 1.0 " 5-03-85 1.0 1.0 4.5 .5-06-85 3.0 1.0 07-85 5.0 5.0 1.0 5-08-85 6.0 7.0 1.0 5-09-95 5.0 7.0 1.0 5-10-85 2.0 5.5 1.0 1.0 5-13-85 1.0 5.5 1.0 4.0 5-14-85 2.5 6.5 1.0 4.0 5-15-95 3.0 2.5 7.5 5-16-85 3.0 7.0 5-17-95 4.0 4.0 5-20-85 6.0 5-21-85 4.0 2.5 5-22-85 6.0 5-23-85 10.0 5-24-85 5.0 Totals 8.0 96.0 2.0 2.5 64.0 10.0 13.5 I CITY 0. .._., eap'd l of � 210 PIDALGO KBNAI, ALASKA TaL6PNONB263.7635 MEMORANDUM FROMsf Rogers, Attorney ty of Kenai TOs Councilmembers City of Kenai OATEs May 21, 1985 REs Memorandum of May 10, 1985 from C.R. 9aldwin to SouthCENTRAL AIR, INC. SouthCENTRAL AIR (SCA) has objected to the proposed biddir process for terminal space. In support of its objections submitted a memorandum from its attorney, C.R. Baldwin. 1 to make it clear to the Council that this memorandum io be solely upon policy considerations. There is no legitimate objection contained in the memorandum. As a predicate to the proposed bid procedure, I would like remind the Council that the city has had to receive a jud5 excess of ten thousand dollars twice now just to collect delinquent rent and fees from a oolvent air carrier. The her lost rent from another air carrier that went out of be The City has also received complaints from lessees about t particular location they occupy in the airport. In fairness the City should provide a procedure through wh air carriers have an equal opportunity to whatever space t desire and that insures the performance of the lease contract. The FAA requires that the City not discriminate in allocating space. The best procedure to accomplish fairness and the procedure most closely tied to the free market economy is competitive bidding. SCA appears to want the City to allocate terminal spaces arbitrarily to existing tenonto below market rent. He states in his first objection that the City should determine the value and charge accordingly but so a policy decision, what better mechanism exist► for determining the market value than competitive bidding? SCA complains that such a bidding mechanism r completely ignores a carrier's pact history, ability to perform in the future, and solvency; but turn the page and he complains that the City is asking bidders to provide such information. SCA complains that bidding gives a preference to larger companies who can afford to outbid smaller ones for reasons that would push the rent higher than market value. One reason identified for higher bidding is visibility. But visibility is exactly the type of concern that increases market value of a particular space. It is also a source of complaint from lessees who do not have high visibility. Whatever any loosoe would pay to be more visible is market value. The proposed procedure provides for payment of moving expenses and provides for three-year terms. It also requires that the carrier remain operable. As a policy, the City should receive market value for its lease spaces. Otherwise the City is subsidizing the air carrier with lost revenue. SCA fears that the increase in rent (which is admitted to be "relatively insubstantial amounts of money") will be passed on to the consumer. But the consumer is always the logical person to pay such expenses in a market economy. The fear of raising ticket prices too high will prevent any carrier from bidding too much for a locked -in three-year lease rate. This is the market pressure that protects the air carriers. They will not want to bid too low and lose the choice terminal space; but they will not want to bid too high and have to raise rates and lose customers. The market always places the burden of cost efficiency on the business providing the service or product. SCA is essentially complaining that the City should not rely upon the market through competitive bidding to establish lease rates. The bid deposit guarantees performance without having to go to court. So does the personal guarantee of the lease payment. SCA is correct in stating that shareholders are not personally ` responsible for corporate debt. SCA also states that it is unheard of in commercial dealings that individuals should be required to personally guarantee corporate debt, and that shareholders have no control over corporate management. Roth of these statements are quite simply untrue. The City has faced difficulty with air carriers in the past that justify these requirements. There is no discrimination in this procedure. The City has an economic position that experience has shown needs additional protection. There is nothing wrong with operating the City like a business. I submit that any business in the City's position -- - might take the some steps. It is not intended that theeproposed RFP be adopted as submitted, nor, should the Council chose, he adopted at all. The document merely represents one means by which a certain durstional stability for leosoee at the airport can be accomplished at prevailing market rates for the City for the lease apace. Actual durations, rental rates, relocation fees, and even the manner of selecting which prospective tenants will occupy which spaces are, at this juncture, only suggestions. For instance, should the Council decide to ascertain prospective applicants in advance and then draw their names from a hat without competitive bidding and apply a uniform preset lease rate to successful names drawn from such a hat, that is certainly an option. The fact remains that the Council appears to have determined that there will be a given number of spaces for scheduled commuter airlines and a predetermined number of spaces for vehielea-for-hire. Those firms presently having lease apace have no vested rights to renew those particular leases to the exclusion of others at law or in equity. In fact, unless the City of Kenai wishes to accommodate all applicants for apace in the future, they had best make a determination that there are a limited number of spaces and then provide appropriate notice and opportunity to be heard to all applicants and then devise a non-proferential means by which to allocate those scarce spaces to a possibly over -abundant supply of applicants. TR/clf J ANDREW R. SARISKY O 9Ox 22{0 SOLDOTNA. ALASKA 99889 TLL[PIION! 907•293 {It{ ,Co �? m June 4, 1985 'fQ O John Wise s. 7 The Council of the City of Kenai 210 Fidalgo Kenai, Alaska 99611 Subj: "Negotiated" salaries for the City Manager and the City Attorney; excessive. Dear Members of the Council: I do not know by what authority you can negotiate, in secret session,the salaries of public officials; and our own Mayor Wagoner was concerned about the situation as long ago as May 20, 1981, when the Council Minutes record that he stated "the City has gotten itself into a dangerous situation with negotiating with employees. We should get a salary schedule that we could adhere to.". But he wasn't Mayor. Of course, nothing ever prevented tough negotiating of an enlightened nature, and if the public were allowed to attend hearings on salaries instead of being shut out, perhaps you could have been asked how and why the City Manager's position has changed so radically that in Fiscal Year 1980-81 $42,000 annual pay could mushroom into $82,000 in 1985. As for the City Attorney's position you could have been asked how and why you got from $46,200 in FY 80-81, to $80,000 in 1985. Who negotiated for John Q. Public? Do your secret minutes show any reasoning or rationale for these expenditures of public taxpayers' money? If you had allowed the public to assist in the so-called negotiations, you might have learned that the population of the City of Kenai at October, 1984 was 6173, and the population of the State of Alaska at July 1, 1984, was 523,048. Quite a difference in the public being repres- ented, yet the Governor earns $81,648 per year, and the Attorney General of the State earns $73,620. And who dreamed -up the 3 year contract? Are we on the hook for $486,000? Congratulations to you guardians of the public weal, the public trust, and the public treasury. Yours truly, ars/mb CITY OF KENAI Vd Cap" al 44a"" 210 RIDALGO KENAI, ALASKA 89811 TELEPHONE 283. 7535 MEMORANDUM FROM: Nathan A. Callahan, Legal Assistant City of Kenai TO: Tim Rogers, Attorney City of Kenai DATE: June 3, 1985 The purpose of this memorandum is to submit a two -week notice that I will be leaving the City of Kenai, June 14, 1985 being my final work day as I have accepted a position with the State of Alaska as prosecutor. My leaving comes with some regrets as I consider the City of Kenai to be an excellent place to work. The personnel and the overall environment within the city administration have been very positive, which is a refreshing change from local government in Oregon. I would particularly like to extend my thanks to you for the professional, as well as personal guidance you have given me in my first year out of law school. It is somewhat unfair to have to leave your office at a time when so much is going on, but I am sure you understand that this choice is strictly a professional matter on my part. NC/clf e r, v �_ r dl� r � i