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HomeMy WebLinkAbout1986-08-20 Council PacketKenai City Council Meeting Packet August 20, 1986 AUWJgt 20 IM - 7-0 PM C. W HEARINGS 1. Ord. 11 66-84�AnwdlOg Kenai Munlc4W COO - PWM* kig & Z*ft . 2. 0(d. -1 159464WOOM pAviAppns,. B(Ijog FwWW$ - Gj.*W,oCW , ymM. of bx&. godk%, osojimi - $324,822.41 3.*0A1604*ftMW4 Kew M~ Oode - mw~ W,W CWdmWn and Abw4WMM Of OW W4ft . . 4. pAj. 66.77-Aw"o OW"d - EaWn Entiv Tdino S. pAL 88qo.*AtwWno dNV Mwwgor to ftn 0* CWM FOO 810 8. pAt 6"1 -Awoft &OWN" • "ON Cl- FA~ 1. RjIL 8"2-AwNft Old - CWP Vin - PutMc Wanks S. pa. S"S.AdOM VOW far FIW pim Bsgn..Oct. 7, 1988 EWW TM VibNo IS WANd to attend and Wloft Mot voom r1 AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 20, 1986 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Minutes) �d►"0� `� 1. Sandra or Rene Daniels - Airport Bar Lease 2. Stavfhpr,r Qraget Fisheries -City Dock Issue r C. PUBLIC HEARINGS i 1. Ord. 1155-86 - Amending Kenai Municipal Code - Planning & Zoning '��e t h be�t, Ord. 11SS-86 � 616. Ru brOad.4#1VA e 2. Inc reas Rev/ Appns,Boating Facilities - = $1 ,000,000; Transf. of �q`Facilitiea - r° Fes%. Bop ti/ $324,622.41 • ^�"'�' •"" y j�PA#Ord. 1160-86 - Amending Kenai Municipal Code - Water Connection and Abandonment of Old fol'Mandatory Wells 4. Res. 86-77 - Awarding Contract - Eastern Entry Triangle S. Res. 36-80 - Authorizing City Manager to Sign Quit Claim Deed - FDO - 6. Ras. 86-81 - Awaid: nq Engineering - Kensitze Ct. Redesign Res. 86-82 - Awarding Bid - Cargo Van - Public Works Res. 86-83 - Advisory Vote for Float Plane Basin, Oct. 7, 1986 Election i i I- s s f s `• z L 0 D. MINUTES 1. *Regular Meeting, Aug. 6, 1906 E. CORRESPONDENCE F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ord. 1162-86 - Increas. Rev/Appns - Airport Safety Zone, General Aviation Tiedown, Taxiway Improvements - $953,000 4. *Ord. 1163-86 - Increas. Rev/Appns, New Street Lights- $90 , 000 5. Vacation - Lowry/Partee - Sprucewood Rd. 6. Partial Rescission and Release - P. Evans - CIIAP- 7. Extension of Construction Schedule - Pitts - FBO S/D B. Extension of Construction Schedule, O'Connell/Swarner- Kenai Municipal Reserve S/D 9. Disc - Amendments to 1986 Municipal Capital Grants 10. Qisc. - C. Gintoli - Liability Insurance 11. Disc. - Classification Study - Work Session H. REPORTS 1. City Manager 2. Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning 6 Zoning 7. Harbor Commission S. Recreation Commission 9. Library Commission I. PERSONS PPESENT SCHEDULED TO BE HEARD (5 Minutes) ADJOURNMENT el C 1 1 u k' llr t'. a: L 1 ,f y f i 4i COUNCIL MEETING OF Alwe. rev Ir-/ew1weQ' Oke- -- Vurtg tN CC -/Q %5 iNYph•��-.�re,�ro s�cd��►u S,WmuGP he �ed /V ,�,��� moo, •��� �,o�� ��� 4v /aid-- 7�juf�� � C�er�rOle� -%ake "iv c> oo44 Chit 3ewt4ar44Q 6e /ape �/� e . � ew;ve q c+vo 6,%I �'la � r eAoo/4/ aw&oe re: /0 71v f1roo Zoe ^e..r III ii F gfrf-�� U-O� lk Pal?-Q- // e 7r, '70 ez �l i III t � M1 S: �I A CITY OF KENAI 210 FIDALOO KENAI, ALASKA 00611 TELEPHONE M - 7US August 20, 1986 TO: Keith Kornelis, Director FROM: Jack LaShot, City Engineer SUBJECT: Cargo Van Bid We received, on August 15th, the following three bids for a cargo van for the Building Maintenance position: Hutchings Chevrolet $12,082.00 Craycroft Chrysler $12.411.95 Peninsula Ford, Inc. $13,210.00 Dave Reetz and I reviewed the bids and specifications submitted and decided not to accept the two low bids for the following reasons: Hutchings - the specifications submitted indicated a 3-speed floor shift transmission, where the City specified an automatic. The tires and wheels were smaller than specified. Craycroft - no specifications were submitted with the bid and the wheels and tires were smaller then specified. Without having time before packets were to go out for,Council, we decided to award the bid to Peninsula Ford. Since that time, Hutchings Chevrolet has told us that the specifications they submitted were in error and that } an automatic transmission will be provided. Also, the tire and wheel size --- Ji is the largest they can get from the factory for this model. They are willing to verify this conversation in writing. I think our bid --------.-- specifications would allow the City to accept their bid if so desired. I -. 1 C + SUBSTITUTE Suggested by: Administration CITY OF KENAI A ' RESOLUTION NO. 86-82 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR A CARGO VAN TO HUTCHINGS CHEVROLET FOR THE t: TOTAL AMOUNT OF $12,082.00. WHEREAS, the City of Kenai received bids from the following ' firms: i Bidder Bid Price Additive Alternate Hutchings Chevrolet $12,082.00 No Alternate Craycroft Chrysler $12,411.95 Will Add at Dealer's Cost Peninsula Ford, Inc. $13,210.00 $685.00 WHEREAS, the additive alternate is to furnish and install a ' government radio; and, WHEREAS, the bids of Hutchings Chevrolet and Craycroft Chrysler do not entirely meet specifications, but the deviations are minor enough to waive; and, WHEREAS, the Public Works Department feels that it is in the best interest of the City of Kenai to award this bid to Hutchings Chevrolet; and, WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that a bid be awarded for a Cargo Van to Hutchings Chevrolet for the total amount of $12,082.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of August, 1986. Tom Wagoner, Mayor ATTEST: -j Janet Whelan, City Clerk Approved by Finance: Approved by Public Worka: i`. FINANCIAL STATEiM RUNWAY LOUNGE 10819 Spur Hwy. #186 Kenai, Alaska 9961.1 'I June 1, 1986 ASSEM CURRENT ASSETSt - Cash on Haul Inventory TOTAL CURRENT ASSETS: Property & Equipment -at cost 4 Leasehold Improvements Less Accumulated Depreciation jl f� OTHER ASSETS: f Prepaid Rents TOTAL ASSETS: }} LIABILITIES t� t� CURRENT LIABILITIES: ij Accounts Payable - Sales Tax Payable Payroll Tax Payable - - - :Jr - - - Notes Payable (Note B) - i Rene' Daniels Personal Loan to Business i TOTAL LIABMITIES: Notes Payable less current Portion i Partners Equity (deficit) L L $13,097 7,109 $ 5,988 $ 8,250 10 854 $16,497 $ 1,421 $ 1,168 $ 9,943 $13,000 42 029 2$2,943 2$ 8,553 Elm t 4 RUNWAY LOUNCE { + STATEMM OF OPERATIONS January 1 to June 1, 1986 1 Page -2- SALES • �. COST OF SALES: r Purchases Less: Inventory GROSS PROFIT: ) i • OPERATING EXPENSES: 3i i; Rent Payroll & Related Taxes Other Taxes Paid Utilities i� Bar Supplies } Insurance 5 Professional Fees ... ,, Advertising Other Op. Expenses '{ TOTAL OPERATING EXPENSES: ) " OPERATING LOSS: Amortization i NET OPERATING LOSS: ii :11 ti i $84,339 36 350 $19,199 $29,036 $15,180 $ 996 $ 1,307 $ 3,263 $ 845 $ 491 $10,164 $ 7,109 L_ L $ 84,339 580�481 ($32,492) ($39,601) 0 No I L FISHING. PROCESSING. COLD STORAGE FRESH AND FROZEN KENAI PLANT - SUMMER SALES NAKNEK-KING SALMON PLANT PO BOX 3992 GENERAL DELIVERY KENAI. ALASKA WWI KING SALMON. ALASKA 99913 TELEPHONE a (907) 283.4069 TELEPHONE a (907) 240.3394 TELEX 29.440 CORPORATE OFFICE - FALL/WINTER SALES DILLINGHAM-WOOD RIVER PLANT 1933 POST ROAD GENERAL DELIVERY ANCHORAGE. ALASKA 99501 OII t INGHAM. ALASKA 99579 TELEPHONE a (907) 274.1551 TELEPHONE a1907) 842.2242 TELEX 26.429 1907)842-1041 August 8, 1986 City of Kenai 210 Fidalgo I `� Kenai, AK 99611 '• Attn: City Council Members Dear City Council Members: This letter is in response to the public notice dated June 18, 1966', reference number 071-Oyd-m, 830221 by the U.S. Army Corps of Engineers. There are four items that we feel you should take into consideration. #1. Fish purchased locally and transported to another area for processing will take revenue generated from fish taxes away from this local area and give it to the processing area. #2. Fish purchased locally and transported to another area will reduce job opportunities in our local Kenai, area. :J #3. There is already a city dock available for loading and unloading boats for any company wishing to do so. #4. At the present time there is more'. -capacity in this - area for processing than our local fishing fleet can produce during an average fishing season. For these reasons we feel that creating a low'cost unloading system for outside companies would be very harmful for our local economy. We hope you will take these items into consideration. Thank you for your time. Sincerely, Aevendf-Iather ;i Plant Manager SS/dw L J r r 1 , Public Notice � • � Corpsof-Application of En of glneers � { „ �." Alaska District 0 Regulatory Branch for. Permit Post Office Box 898 Anchorage, Alaska 99506-0898 '-' PUBLIC NOTICE DATE: June 18. 1986 --�----.-- - EXPIRATION GATE: July 18. 1986 MODIFICATION REFERENCE NUMBER: 071-OYD-M-830221 ' 1 WATERWAY NUMBER: Kenai River 113 -- Interested parties are hereby notified that an application has been received for a Department of the Amy permit for certain work in waters of the United k f l States, as described below and shown on the attached plan. APPLICANT: City of. Kenai, 210 Fidalgo Street, Kenai, Alaska 99611. LUCATIUN: Kenai River, Boat Launch Road off Bridge Access Road near Port of _ ena , Kenai, Alaska, section 9, T. 5 N., R. 11 W., S.M. 'WOKK: The applicant proposes to expand the existing boat launch facility as TO— Tows: ' s , a. Construct a 361070' pile supported light cargo offloading dock, with a _. 16'x170' pile supported,approach•trestle. The dock and trestle decks would j be formed with precast concrete planks. ` b. Construct a 40148' marine repair grid located on the downstream side of j the approach trestle. .The grid would consist of creosote treated beams set on steel piles at approximately 9.5' above mean lower low water. } rt i c. Place approximately 10,000 cubic yards of sand and gravel to expand an existing 500'x300' gravel parking pad an additional 300'x2O0'. Depth of the } fill would vary from 6' to 9' and a mat of geotextile fabric would be placed --. # over the existing ground for stabilization prior to placement of fill. The fill would be retained at the end of the trestle by a cast -in -place f reinforced concrete abutment. �fde slopes facing the river would be , protected by the use.of riprap, Armorflex, or gabions. 1 PURPOSE:* The purpose of the facility would be to provide increased "- -"- "-- — opportunities to the'general public for recreation and to encourage economic - -" L- = competition and improved seafood product quality for the commercial fishing ----- industry. L... a i L S. ` AUDITIUNAL INFURMATION: A marine fueling facility consisting of bulk fuel ► storage and dockside-fuel/fueling stations would be constructed on the ( } existing fill area. Fuel would be stored in two 7,500 gallon, above grouna� f steel tanks. The tanks would be surrounded by an earth bean with an oil resistant liner capable of retaining the entire contents of one tank with 1211 of free boars in the event of a spill.. Fuel would be pumped from the It .,.,.,..storage tanks to the approach trestle via buried steel piling. ? .r A, water. wel Iewould,.beideveloped onsite to provide potable water for -,•' restrooms,.!,sKowers, vessel day tanks and vessel washdown. It is expected ii►i•�►'that the well would be developed from the artesian water zone lying L•.,i„approximately:051: to,.75';,below,the pad. The well would be located at least j ,,:r,;1[OU'.!from•the,nearest,wastewater•disposal or community sewerline and at least ,IOU',,from,the, nearest, petroleum tank or private sewerline. .1. .. : r Illl�i f1 ll,li�,i1. '.1. • .t ,' Restroom, faci.litieslwould..be constructed and would be designed for seasonal use during ,warmer,(above freezing) temperatures. Sewage disposal would be �via .an•onsite•,septic/leach field system. The septic system would be located at least IU0' from mean higher hign water. The system would have two nolding tanks,.,one to handle wastewater generated by the restrooms and , snowers,;thelsecond,lto colloct,wastewater from Type III Marine Sanitation F ,. ,Devices. 11� 1• , „•; ; 1.. Tiie applicant's;representative for this project is William J. Nelson and ,Associates,1215,Fidalgo Street,.Suite 204, Kenai, Alaska 99bll, telephone I (9U7) '283-3563. ::l i, I„ 1. WATER QUALITY CERTIFICATION: A permit for the described work will not be ,;:;::•;issued until..a certification or waiver of certification as required under 4 Section 4ul of the Clean Water Act (Public Law 95-217), has been received j�.I,,from the Alaska,Department of. Environmental Conservation. COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c)(3) of the Coastal ., j .,:•;:y one Management.Act of.1972, as amended by lb U.S.C. 106(c)(3), requires } the applicant to certify that the described activity affecting land or water uses in the Coastal, Zone..complies with the Alaska Coastal Management ' 'Program.,, A permit will not be issued until the Office of Management and Budget, Division of Governmental Coordination has concurred with the applicant's'certification. OIJ86 C HEARING:- Any person may request; in writing, within the coument 1 , per..uo spec ed in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with ,, ,,iparticularity, the reasons for holding a public hearing. CULTURAL HESuUKCES: The latest 'published version of the National Register of historic Places has been consulted for the presence or absense of I,reyistered properties,• or properties listed as being eligible for inclusion - - therein „ and.this worksite is not registered property or property listed as b e ing eligible for inclusion in the Register. Consultation of the National fRegister constitutes the extent of cultural resource investigations by the ''Uistrict Engineer, ana he is otherwise unaware of the presence of such i �n,....)resources. Presently, unknown archeological, scientific, prehistorical, or •;•,;.,nisturical data may be lost.or destroyed by work under the requested permit. L ENDANGERED SPECIES: No threatened or endangered species are known to use he project area. Preliminarily, the described activity will not affect ' endangered species, or their critical habitat designated as endangered or threatened, under the Endangered Species Act of 1973 (87 Stat. 844). This application is being coordinated with the U.S. Fish and Wildlife Service and . the National Marine Fisheries Service. Any comments they may have -. concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. FEDERAL SPECIES OF CONCERN: The following Federal species of concern may use the project area: ockeye Salmon, Chinook Salmon, Coho Salmon, Sea ' Utter, Canada Goose, Lesser Snow Goose, White -fronted Goose, Bald Eagle, Mallard, Lesser Sandhill Crane, Peregrine Falcon and Peale's Falcon. FLOOD PLAIN MANAGEMENT: Evaluation of the described activity will include - - 4 conformance with appropriate State or local flood plain standards; consideration of alternative sites and methods of accomplishment; and " weighing of the positive, concentrated and dispersed, and short anu lung -term impacts on the flood plain. ,j SPEC?AL AREA DESIGNATION: None. . ti' + EVALUATION: The decision whether to issue a permit will be based on'an eva uat on of the probable impacts including cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public ,interest requires a careful weighing of all those factors which become relevant in each particular case. 'The benefits which reasonably may be expected to accrue from the proposal must be balanced against its -reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore l determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must ' be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, ' floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property r .. ownership, and, in general, the reeds and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would ue autnorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see -� bections 320.2 and 320.3), a permit will be granted unless the District -` - - --- -_-; Engineer determines that it would be contrary to the public interest. h AUTHORITY: This pennit will be issued or denied under the following aut or es: R (X) Perform work in or affecting navigable waters of the United States - r _ Section 10, River and Harbor Act 1899 (33 U.S.C. 403). L dv . (X) Uischarge dredged or fill material into waters of the United States - Section 404, Clean Water Act (33 U.S.C. 1344). Therefore, our puolic interest review will consider the guidelines set forth under Section 404(b) of the Clean Water Act (40 CFR 230). a Continents on the oescribed work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and oe considered in the decision. If further information is desired concerning this notice, contact Mrs. Muth E. Benbow. at (90) 753-2712. A plan, Notice of Application for Certification of Consistency with the Alaska Coastal Management Program, and Notice of Application for State Water Quality Certification are attached to this Public Notice. t • Attachments i District Engineer U.S. Army, Corps of Engineers t L L .. 1 t .IE KENAI RIVER 113 FLOOD � `• a FUELING FACILITY KENAI RIVERS t LIFT N CRANES {. y....w.•••' KENAI M RIVER ! ..................... DOCK OFFICE Zf ,N36'E 170 DOCK .........0••.....«•• b ;< < �,,,�MEAN LOWER 40W PROJECT 10 ! j, EL. 29.Od-l� WATER + 0.00 .{ S ° L - 16'x ISO' TRESTLE 10 BOAT LAUNCH NO. .. EX. SHEET eRlooE ►cc ti9' j .._ PILING G I ; — BOAT LAUNCH 15 MEAN HIGH REPAIR GRID WATER + + 19.13 EXIST VICINITY MAP I BULKHEAD \ , 0 � I o' Boo' l000' z000' f 0 r SCALE r ABUTMENT 1 FROM PENINSULA MAPPING WX. } 1 2 a1MPeTER • o ADJA.:F.tIT PROPER'; OWNERS EX. CONTOURI�A- ACTc oIL K TYPICAL RESTROOMS/ ,1/ Q CHERRIER 9 KING SHOWERS cJ O2 HOLDING TANKCHERRIER 9 KING ,. 1� o � , c Q WALDO / RUBY CgYLE . SEPTIC SYItEM4�'O CITY OF KENAI 300'E 200' APPROX. GRAVEL PARKING L LJ PAO EXTENSION / LEGEND i q / ►RO►OSEDIMPROV[MENTS TOP EDGE OF KEDGE OF PROPERTY LINE NEW FILL �'�� EXIST. FILL DATUM I MEAN LOWER LOW WATER + 0.00 EXTREAM HIGH , • i� WATER LINE + 26.50± / • ESTIMATED PURPOSE PROVIDE PUBLIC SEAFOOD i LEGAL DESCRIPTION 1 AND LIGHT CARGO OFF- ` TRACT 'A" CITY OF KENAI LOADING, ACCESS TO. KENAI RIVER/ BOAT RAMP SI R.O.W. DEDICATION MARINE FUELING/MARINE REPAIR i / K.R.D. T9.8 GRID , SANITATION FACILITIES ► I : - � % i I I GAND ENERALITIONAL PUBLICpARKiNG FOR THE CITY OF KENAI ZONING_ o. (11.) LIGHT INDUSTRIAL i WELL PueL STORAGE FACILITY FINKENAI POSED BOATING -- - - - - GROUND TANKS WITH 0 FACILITIES BERMS AND IMPERVIOVS j // LINER C C RIVER ` 3t EXISTING 24" GRAVEL ACCESS ROAD NEAR KENAI, AK. {t.� r�•��r rr rw.r ..n �.r�.r + :�i� �'�"'• ^• KENAI PENINSULA BOROUGH AK. , PLAN � 25 1 ( APPLICATION BY I - i CITY OF KENAI 25 d ' 5d 100 200 • % % 1= \ \ PREPARED BY f SCALE \�WM. J. NELSON !>< ASSOCIATES I EXTREAM HIGH ` ` {I WATER LINE + 26.50' DATE I MAY 29 1966 ESTIMATED SHEET 1 OF 2 PH. 8604 a 1 EDGE E OF EXIST. FILL RAVEL PAD EXTENSION CONC. ABUTMENT EXIST. GRADE 10,000 t CUBIC YAROS CLEAN SAND OR GRAVEL FILL , FROM UPLAND SOURCES APPROX. 40' PENETRATION OR REFUSAL Y ELEVATION A - A SCALE) # 0� IOd '' 150' 20d NORM 10 15' 20' VERT. • 2' LAYER OF RIPRAP OR ARMORFLEX OR GABIANS. SEE NOTE 2 1r,: - '` a _.tom"-..• .•: WiHl K1VtK 11J -• 1. . •i; It 190' TRESTLE 36'DOCK SEE NOTE 1! SEE NOTE 1 26.65' LIFTING CRANES 00' 2 9.00' E.H.W. s 26. SO' ESTIMATED M.H.W. s 19.13' ,�• STEEL PILES (TYPICAL) REPAIR GRID 9.s0 S II M.L.L W. • 0.00' 16' ± . NOTES 1. REINFORCED CONC. PLANKS ON STEEL PILES WITH CONC. CAPS. 2. RIPRAP: 12"AVERAGE NON ARGILLACEOUS ROCKS. TS ARMORFLEX - PRECAST CONC. BLOCK INTERCONNECTED BY CABLES. SAND OR GRAVEL FILL-' / '^ GABIANS- WIRE MESH BASKETS J 1 FILLED WITH GRAVEL. 6" MIN. LAYER OF FINE TO 5' . COURSE DUMPED GRAVEL SECTION B-B ' TYPICAL FILL SLOPE PROTECTION AT RIVER BANK PROPOSED BOATING.•• - NOT TO SCALE FACILITIES 4' 24' 4' 2' 4' IN KENAI RIVER GRAVEL BERM 2 NEAR KENAI, AK. 'a� e . 1% •o. _ KENAI PENINSULA BOROUGH AK. I:191 ellislialr 1. IMPERVIOUS LINER APPLICATION BY SECTION C•C CITY OF KENAI I. PREPARED BY E. 1. TYPICAL SECONDARY CONTAINMENT FOR FUEL STORAGE WM. J. NELSON 6 ASSOCIATES DATE i MAY 29 , 1906 ! SHEET 2 OF 2 L P. N. 6604 L d O Q O BILL SHEFFIEW, GOVERNOR OFFICE OF TUR GOVERNOR ! POUCH Aw JUNEAU, ALA.SKA 999!! PHONBa 19071 +83.75G8 OFFICE OF MANAGEMENT AND BUDGET t DIVISION OF GOVERNMENTAL COORDINATION i STATE, OF, ALASKA 1 DIVISION' OF GOVERNMENTAL COORDINATION j • : , �.,:r�.l,.., . Notice of Application for' Certification of•,Consistency with the Alaska Coastal Management Program Notice..is'hereby'given'that a request is being filed with the Division of Governmental Coordination for concurrence, as provided in Section 307.(c)(3) of the Coastal Zone - •.Management Act,of1972, as amended (P.L. 94-3701 90 Stat. 10131 16-U.S.C. W6.•(c).(3)), that the project described in the Corps. of .Engineers Public Notice No.071-OYD-M-83022) willcomply with,the Alaska Coastal Management Program and ,.., that?, the project will conducted in a manner consistent ' with that program. ». „•„ . Any person desiring to present views pertaining to the project's compliance or consistency with the Alaska Coastal'Management Program may do so by providing his , views in,writing to the Division of Governmental Coor- dination; Office of.Management and Budget, Pouch AW, Juneau, AK 99811,,,within 30 days of publication of this - notice."r:. << ..�� Attachment 2 , oil L j i 1+ :j s .ti r f DEM. OF ENVIRONMENT BILL SHEFFIELD. GOVERNOR AL CONSERVATION 465-2601 I�OiM�IlO-,AIKi10 tNfl NOTICE OF APPLICATION FOR STATE WATER QUALITY CERTIFICATION .t Any applicant for a Federal license or permit to conduct any activity which may result in any discharge into the navigable waters must first apply for and obtain certification from the Alaska Department of Environmental Conservation that any such discharge will comply with the Clean Water Act of 1977 (PL 95-217), the Alaska water Quality Standards and other applicable State laws. :By Agreement between the U.S. Army Corps of Engineers and the Alaska Department of Environmental Conservation ;4 application for a Department of the Army Permit may also serve as applica- tion for State Water Quality Certification when such certification is necessary. Notice'ie•hereby given that the application for a Department of the Army Permit described in the Corps of Engineers Public Notice No. 071-OYO-M-830221 also serves as application for State Water Quality Certification from the Alaska Department of Environmental Conservation, as provided in Section 401 of the Clean Water Act of 1977 (PL 95-217). The Department will review the proposed activity to insure that any dis- charge to waters of the United States resulting from the referenced pro- ject will comply with the Clean Water Act of 1977 (PL 95-217) the Alaska Water Quality Standards and other applicable State laiws. Any person desiring to ccamont'on the water quality impacts of the pro- posed project may do so by writing tot Alaska Department of Environmental Conservation Southoentral Regional Office 437 "S" Street, Second Floor Anchorage, Alaska 99501 Telephone# •274-2533 within 30 days of publication of this notice. C -/ MEMORANDUM TO: Kenai Mayor and City Council FROM: Howard Hackney, Building Inspector DATE: July 10, 1986 SUBJECT: ORDINANCE NO. 1155-86 Sec 1 Several sections of the Zoning Code have development requirements which refer to the "Development Requirements Table." There is no such table in the Code so designated. When the RR-2 Zone was created no requirements were established for minimum.lot width; minimum front yard, side yard, and rear yard; maximum lot coverage; and maximum height. The table which lists the development requirements requires-e 5 foot side yard setback in the three Suburban Residential Zones. Footnote No. 1 to that table requires a 15 foot side yard setback in these zones for a building more than one story in height. There is no provision for a daylight basement -type building. Footnote No. 2 refers to a one-half story. There is no such building classification in the Zoning Code nor in the Building Code. Sec 2 The "Additional Requirements" section on page 14-62, minimum yards, A, requires that where commercial and industrial zones abut residential zones they must be separated by an alley. It would seem that a buffer of trees might in some cases be more desirable. I think this could be better addressed by the Landscape Review Board. To my knowledge, this has never been enforced. L The same table, under maximum heights referring to an "Obstruction Criteria" map, the last prepositional phase states that this map is on file with the City Clerk. This map is not now and never has been on file with the City Clerk. It is on file with the Airport Manager. The same table again, concerning street setbacks, has been a problem for a number of years. In the early 70's the zoning code left all the distances of the setbacks from the centerlines of various street categories blank. Sometime after this they were filled in and I don't know when nor how. It could have been when the Borough took over the zoning. This has nothing to do with the normal setbacks in each zoning district. When a problem arises with the setbacks from the centerlines, then the owner or contractor has to apply for a variance, pay a fee, the variance has to be J L . 1 ttT t 5:. .t i �1 � j� 1 et x advertised and a public hearing held at the next Planning and Zoning meeting. In every ease the variance has always been granted. It just seems an unnecessary procedure to go through. Sec 3 The Land Use Table lists mobile homes under the residential category on page 14-56 with a footnote which reads, "See Mobile Homes' Section." The "Mobile Home" oection (page 14-39) refers to the Land Use Table. The change will make it clear that mobile homes may only be put in mobile home _ parks. Sec 4 Sec. 14.20.050(g)(3) conflicts with Sec. 14.20.150(c)(3). Sec 5 Sec. 14.20.150(c)(3) may not require a certificate of. occupancy. Sec 6 Sec. 14.20.180(e) may not require a certificate of occupancy. Sec 7 Sec-. 14.20.250 requires off-street parking in all zones. The Land Use Table only allows off-street parking in the conservation zone. HH/sw L r`• r^ � -� � `? Suggested by: Planning 6 Zoning CITY OF KENAI ORDINANCE NO. 1155-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, .,.. s _ AMENDING VARIOUS PORTIONS OF KENAI MUNICIPAL CODE SECTION 14 ENTITLED "PLANNING AND ZONING." WHEREAS, several sections of the Zoning Code need to be updated, clarified, and conflicting sections made to agree. - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF (� KENAI, ALASKA, that amendments to the Kenai Municipal Code ' Section 14 be made as defined below: ' a ' Section 1: ' The Table containing development requirements located on Page 14-61 of the Kenai Zoning Code is hereby amended to read y� according to the attached Exhibit "A" which is attached hereto ,� and incorporated herein. ;.� Section 2: ; The Additional Requirements Table located on Page 14-62 of the .;.. Kenai Zoning Code is hereby amended to read according to the attached Exhibit 118" which is attached hereto and incorporated " { herein. � Section 3: Section 14.20.240 of the Kenai Zoning Code is hereby amended to read according to Exhibit "C" which is attached hereto and incorporated herein. d Section 4: .. .... Section 14.20.050(g) of the Kenai Zoning Code is hereby amended to ; read according to Exhibit "D" which is attached hereto and ! incorporated herein. _ Section 5: ! Section 14.20.150(c) of the Kenai Zoning Code is hereby amended to i read according to Exhibit "E" which is attached hereto and incorporated herein. i F Section 6: Section 14.20.180(e) of the Kenai Zoning Code is hereby read according to Exhibit "F" which is attached hereto e incorporated herein. Section 7: The section of the Land Use Table - Page 3, located on F of the Kenai Zoning Code is hereby amended to read accoi Exhibit "G" which is attached hereto and incorporated hE PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of August, 1986. ATTEST: Janet Whelan, City Clerk Building Official: 7/10/86 TOM WAGONER, MAYOR First Reading: July 169 Second Reading: August 69 Effective Date: September 2 L L. -I- �•i ..+ w o to '+y N «"' r. '..� �..�. i o re n 0 •*f "'� ►+ p.+ n n •j 0 r+• ►/... , O " rti "' er ac'. •gyp A y M x V O� v r� a .. • A 'CI fD H ID N A" n N I'llf0 n 'O w .T. i 1 1 1 :0 G. ti ;.1 U) raj m a S Il y 09f O O 13 C 'j 'O t'• r O C r n N H ►• w F3 w a P C 9) Cj w r rn y a ro a m n C O <. 't •C K '4 y r�-r r rr• n 00 n •j to tto N M O 1~0 m C "" .O 1 N n 90 C LA Vi n as a n n a' a•••r< v N to a O' 00 a0 ? 00 O ftl (A ) c "t rj n w � j( G a CL r r •• L' O low n 1 � I R O< r `< T n a ►� A N � a to o a rl o 0 0 0 0 0 rl 0) ' O" rl w w N r N `p 1 1 •• • 0.1 •j O6 tT � O W O O W N O 1 0 0 O O y C < w to tp O t00 O O O O O fU fA co m P1 13 m to m to V. w f+ ro n r+ O'Or0 a C)X. •C w W N ►+ N �O i'. - - O M N" 10 �u= (� I IV- Iul O O rA m o o a a � o0 n ttoo 0 a a CDo ! N a n N M 0 c t { to aq m fA 7 n w S r+ F► r CO ^ to 0.1 n9 f0 n N O O W N ' 11 •+1 n "r �: C 1 O O 0) N N y _ ti to n O O O O O M to C. tT M M. 0) tD O O O O O fy a j: a O M A 19 0~0 rt rr C tp � 7 00 10 ►at 0 ►f r a' fY j Cni rOj 'o a w nro a OO'ro to " fA O O rA ? °' o tr m 1< w w N N 0% x V V r' i I: m e o m a (4 a n .. a � P. ry�c n n coo, v V V �' M w- eJ O C a 7' A C (A O m ro O O h n n r v, r► a ►+ o < m n a w 0 O O p s r r ma M 'w01 • n CL N 0 s ro n ye N rD a y 1 1 1 1 r 00 0. "t n 1 1 O ut u> p CD O O O �4 w " t 7 w 10 2 mr n Pt O Cn. 04 — ---- -------..---- 00)) m M to •s " to N A th MN N O r+.n g n �n x i fD O M 7 w • rn S g to < eOo M t1 n C 6 J + n C f: . ' G o-. m r r�i . O CHf f H M w ro c vi O r p a r I I -11 ADDITIONAL REQUIREMENTS: Minimum Yards: [A. YARDS WHERE COMMERCIAL AND INDUSTRIAL ZONES ABUT RESIDENTIAL ZONES. WHERE A CC, CG, IL OR ILL ZONE ABUTS A RESIDENTIAL ZONE, IT MUST BE SEPARATED BY AN ALLEY.] [8]. Yards for Corner Lots. The minimum side yard on the street side of a corner lot shall be the same as the minimum front yard required for that zone. [STREET SETBACKS: SETBACKS FROM CITY AND STATE ROADS. MINIMUM YARDS REQUIRED BY THIS CUAPTER SHALL BE IN ADDITION TO THE FOLLOWING SETBACKS FROM THE CENTERLINE OF CITY AND STATE ROADS. THESE SETBACKS SHALL BE REQUIRED IN ALL ZONES. u A. MINIMUM SETBACKS FROM THE CENTERLINE OF CITY STREETS 50 FEET; 8. MINIMUM SETBACKS FROM THE CENTERLINE OF A PRIMARY FEDERAL -AID HIGHWAY - 150 FEET; C. MINIMUM SETBACKS FROM THE CENTERLINE OF A SECONDARY FEDERAL -AID HIGHWAY - 100 FEET.] Maximum Heights: Height Limitation of Structures Near Airport. All structures in aircraft approach zones and within 8,006 feet of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on a map entitled "Obstruction Criteria," on file with the [CITY CLERK] airport manager. QWIAo .5 M C �c 14.20.240 Mobile Homes: (a) No mobile homes may be installed for use in the City of Kenai for public, commercial, or assembly purposes after the effective date of this ordinance. (b Mobile homes for residential use may be established only in mobile home parks as permitted in the Land Use Table. c Mobile homes which were installed prior to the effective date of this ordinance in conformance with applicable building code regulations in areas where now prohibited and used for residential purposes, may have such use continued indefinitely, except that such trailers shall not be replaced 4.1 destroyed or removed. - (d) Mobile homes utilized on bona fide construction sites for offices, storage, or other such purposes may be so used anywhere within the City limits on the construction job they serve, but shall be removed immediately upon completion of said construction. 9 %C y j -Ii a i 14.20.050 Nonconforming Lotn. Structurnn, h Uses (g) General Provisions. (1) Signs and Display Devices. A nonconforming use of a structure, nonconforming use of land, or a nonconforming use of a structure and land, shall not be extended or enlarged after passage of this ordinance by attachment of additional signs to a building, or the placement of additional signs or display devices on the land outside of the building, or by the addition of other uses, if such additions are of a nature which would be prohibited generally in the zone involved except that this provisions shall not be deemed to prohibit the replacement of one sign with another of like size. (2) Construction Begun Prior to Passage of the Ordinance Codified Herein. To avoid undue hardship, nothing in this chapter shall be deemed•to require a change in the plans, construction, or designated use of any building on which i. actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved. [(3) CONDITIONAL USES. ANY USE FOR WHICH A CONDITIONAL USE PERMIT IS GRANTED SHALL NOT BE DEEMED A NONCONFORMING USE, BUT SHALL WITHOUT FURTHER ACTION BE DEEMED A CONFORMING USE IN SUCH ZONE.] [(4)] (3) Repairs and Maintenance. On any nonconforming structure or on any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 10; of the currant replacement vn'ue• of the building, provided that the cubical content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased. L k- 1 N 14.20.150 Conditional Uses: ` (c) Procedure. (1) An application for a conditional use permit shall be filed in writing with the administrative official and verified by the owner of the property concerned. Ei] Application shall contain the following data with respect to the property'and the applicant: (a) Legal description of the property involved; (b) Plans showing the location of all existing and proposed buildings or alterations, elQvations of such buildings or alterations, and such.data as me be required. (2) The public hearing and notification procedure for a - conditional use permit application shall be accomplished in accordance with the requirements of this chapter. (3) An approved conditional use permit shall lapse 12 months from the date of approval if ENO CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED BY THE BUILDING OFFICIAL] the non -conforming use for which the conditional use permit was - approved has not been implemented. The Commission may - grant a time extension not to exceed six months upon a finding that•circumstances has not changed sufficiently since the date of initial permit approval. A request for , extension must be submitted prior to expiration of the C permit. A public hearing shall not be required as a condition to granting the extension. E%W6� -E - L L I r.: I: rt I .- I i J a 14.20.180 Variance Permits (a) Permit Expiration @nd Extensions -An approved variance Permit shall lapse 12 months from the date of approval if [NO CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED BY THE BUILDING OFFICIAL] the varian'ce'for which the permit was issued has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to the expiration of the permit. A public hearing shall not be required as a condition to granting the extension. 't I C� %i6v ki: �i ' C 1/f T to •p '� 'p r. r cf ') N r% 2 0 w to ' . r• < g- pr Qto to c j to e9 to 7 Oi7 C Ol O cu r. ►.. tp M W r. r {A to Q ' f t n N ti n to CA«r CJ C 0 _ S N w1 r* ,�i W r y C 'D O cl CD I.. M A C "+Rf+w 9 (aah N = r i M M N1 N w IT p r• W r1 C \tO a Ln f 0 ri N IA H. 1 tF *' N'i 7 N d �7 C rr r1 r• N w mt0 O A w O i IA t n r• 'f m r.. rp 0 Q O r► fa CD W C I*FA m N 7 M r► A O tp r tO art\ 1r O 10 -60 H,C ; y (AA co a �v W N ti W F t i li n •� y n Z 't 4 n n Z yy {i a � n f7 •t �. i . � n A lei I ------.._...-- -----T- i - 4 i` r In CITY OF KENAI r, Vil 6zpiW 41,a44a`0' F 4 1 21071DALG0 K@NAI, ALASKA 99511 i- - -- TELEPHONE 263. 7635 MEMORANDUM i TOs Kenai City Council i { FROM: Janet Loper, Planning Specialist SUBJECT: Ordinance 1155-86 Pertaining to Overall Amendments to the Zoning ' Code ,y. DATE: July 31, 1986 aRequest to remove Section 2 pertaining to Additional Requirements Table - F, Setback Requirements and Buffers in Adjacent Land Uses ' Some time ago, the City Administration was going to undertake a project of } locating PLO's for the major roadways in the City in conjunction with ,s taking over zoning responsibilities from the Borough and later, when asking ` the State to consider widening of the Spur Hwy. It was the feeling of the i' Planning Commission at the time that the setback requirements were created to enhance the PLO's and bring about a uniformity along the highway. t. The material has arrived, however, neither the Planning Department nor the Legal Department have had a chance to review the material. f L The Landscaping Review Board and the Planning Commission have been working f on buffers between adjacent land uses. Therefore the Planning Commission is requesting the Council approve We amended ordinance which removes the two sections stated above allowing the necessary time to further study these 1 two sections. L i, t u 4. .s CITY OF „odeaWi 210 FIDALOO KENAI, -� TELEPNONE2 MEMORANDUM TO: Kenai City Council FROM: Janet Loper, Planning Specialist SUBJECT: Ordinance 1155-86 DATE: August 15, 1986 ^1 At the last Council meeting, on behalf of the Planning Commission I requested this ordinance be amended to exclude portions of Exhibit 8 pending further research. At the meeting of the Planning Commission on August 13th, the Commission made specific recommendations to Exhibit B based on the attached copy of Public Land Order d601. A copy of the portion of the minutes pertaining to this item are attached and outlined. Briefly, Public Land Order #601 sets out 150' for a ROW along the Spur Highway from the junction to mile post 14. PLO p1613 adds 100' width from mile post 14 to 38. To date nsarly all vacations have occurred between the junction and mile post 14. .4 All other portions of the ordinanug remain the same. t i� L L� 5.� I; 1 A � SUBSTITUTE Suggeoted by: Planning & Zoning CITY OF KENAI ORDINANCE NO. 1155-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING VARIOUS PORTIONS OF KENAI MUNICIPAL CODE SECTION 14 ENTITLED "PLANNING AND ZONING." WHEREAS, several sections of the Zoning Code need to be updated, clarified, and conflicting sections made to agree. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that amendments to the Kenai Municipal Code Section 14 be made as defined below: Section 1: The Table containing development requirements located on Page 14-61 of the Kenai Zoning Code is hereby amended to read according to the attached Exhibit "A" which is attached hereto and incorporated herein. Section 2: Section 14.20.240 of the Kenai Zoning Code is hereby amended to read according to Exhibit "B" which is attached hereto and incorporated herein. Section 3: Section 14.20.050(g) of the Kenai Zoning Code is hereby amended to read according to Exhibit "C" which is attached hereto and incorporated herein. Section 4: Section 14.20.150(c) of the Kenai Zoning Code is hereby amended to read according to Exhibit "D" which is attached hereto and incorporated herein. Section 5: Section 14.20.180(e) of the Kenai Zoning Code is hereby emended to A ___..tea:.... #-„ r..i ih.F nr" .ahinh is attached hereto and 1 Id an Section 6: The section of the Land Use Table Page 3, located on Page 14-58 of the Kenai Zoning Code is hereby amended to read according to Exhibit 'IF" which is attached hereto and incorporated herein. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 1986. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: July 16, 1986 Second Reading: August 6, 1986 Effective Date: September 6, 1986 Building Official: e/i5/86 KA I F 1+ 01 (il •fl N •-• `5. � i rr prq ra ~ W" '�'C 2 ? M fi �O'1 m "h : ; v o� to n troll R N" (A m►w++. R! 01 CL ry 7 ry C 1 1 I I x 0 (A •t R R R 17 •'1 O C I C x t" '� r O a a a s '' ° n otoc 0)n HQ H 0E) W W U W H W C 1•. A M 0 N C. m m00 O 0O 5 03 M f�D N f�D f�D M t •. . r m C. A R R Y �•.' 1r 1.,. W A m 7Ri' N rt W W. W N :r lbw R ? m FAOC 0) ? 00 00 00 (M 0f O a. ►n O O CD 0 N M `w< 1~0 a a ►-• r» O m O) O C " O00 (A T N0 A O C R 4? R to CD �yy O R O n G% M M W W N %o 1 1 1 O G co w m < x� Y roo m m a 9 m tr. t _ R 0 IA m 01 R tt R R V O F-• 0 O .... ..:3 r+ ^ m I� IM lO ►1 m R a w t C tr o O 9 9 9 9 r; R mo tSo m two mfo n m 19 w {' N + M w 0 W fm0 O Ow0 F+. n R . 9 W W N �•, N O •D k M M C• :Y a .� to O O tr N fT C. m m a .. �_ 0 1 0 o fT 7 0 0 mm Imowow 0 C. co Pi w• w m C • C. P7 0 v m m 9• ' � � M in M fy m �G O m c: 9 9 9 i m RM O a'too to K o w w w w o• ~ i w fao Mo M l a y a r f+ to R f7 C. m W •�� m -cawi' m a .Y f-T rtp~ aoln aoln cr cr m m M to 1 N , O O m l+ • h N W g ? O m p ►• (A " C (A R O m R V1 0 tA.,, ca O O •rot N M fOa 11- m m M a 0)ffb R O. n I 1 1 1 1 1 O vl LA C N r' G �• K M tl. mR R W O cr -p - - - - - - o a m m M N 4 •t to m to m m m } W m m (� m R R M m .Ll A � N .1 troll rOy < � -� m m w arm ►' O ry } C O 0 1.- L - -- •-. - - - L --iL- %A I r 0 0 1 a 0 a.— f 1 , tt ADDITIONAL REQUIREMLNTS: " Minimum Yards: [A. YARDS WHERE COMMERCIAL AND INDUSTRIAL ZONES ABUT - RESIDENTIAL ZONES. WHERE A CC, CG, IL OR ILL ZONE ; ABUTS A RESIDENTIAL ZONE, IT MUST BE SEPARATED BY AN. ALLEY.] ] The minimum aide yard on the [B. Yards for Corner Lots. street side of a corner lot shall be the same as the_. minimum front yard required for that zone. ` Street Setbacks: Setbacks From City and State Roads. Minimum yards required by this chapter shall be in addition to the following setbacks from the centerline of city and state k roads. These setbacks shall be required in all zones. A. Minimum setbacks from the centerline of city streets -- t 50 feet; � B. Minimum setbacks from the centerline of a primary federal -aid highway -- 150 feet; j C. Minimum setbacks from the centerline of a secondary federal -aid highway -- 100 feet. D. Variances from these requirements shall be granted, provided no objection is made by State of Alaska, Department of Public Facilities in regard to PLO 601, r dated August, 1949. g Maximum Heights: Height Limitation of Structures Near Airport. " All structures in aircraft approach zones and within 8,000 feet of the main runway shall be subject to height f. limitation on the basis of obstruction criteria as shown on r a map entitled "Obstruction Criteria," on file with the [CITY CLERK] airport manager. �d\ 4 J4 .f . A i r, 5 � i r; r - .A 4 q , 'F PLANNING & ZONING COMMISSION August 13,. 1986 Page 8 b. Ordinance 1155-86 At the last meeting the Commission discussed removing two items from - the ordinances one dealing with setbacks and one dealing with buffers in adjacent land uses. The setbacks address the Public Land Order which sets out ROWS. The Commission and Councilman Wise discussed the attached PLO 601. Councilman Wise suggested requiring a written waiver from the State of Alaska waiving the PLO as it affects the City prior to platting. Since the State and Borough did not do the research on the PLO as a result the plat indicates a ROW of 100' when actually the '- plat is legally incorrect because the federal government had a reservation for 150' from the centerline. What the City had been doing is granting variances pertaining to that and it should have been looked into sooner. Commissioner Bryson stated that unfortunately something like this shifts the responsibility to the City to enforce rather than to the federal government. Councilman Wise corrected that to state rather than federal. When we had setbacks we were enforcing the PLO. Concerning the buffer, it was mentioned during the hearing for the rezoning for Mr. Schilling as an example of a buffer between land uses. As it stands now, an alley is too restrictive, however, the Landscaping Review Board feels eliminating it would be too open. Commissioner Bryson asked if it would be appropriate to state somewhere that variances from these requirements shall be granted only upon authorization being received from appropriate state agencies. MOTION: Commissioner Bryson moved to recommend approval of 1155-86 as submitted with the exception that Exhibit B, Street Setbacks be omitted from the proposed changes and adding a sentence indicating that variances from these requirements shall be granted provided no objection is made by State of Alaska, Dept. of Public Facility in regards to PLO 601, dated August, 1949, seconded by Commissioner Smalley. VOTE: Motion passed unanimously 9. REPORTS a. Citv Council The Council heard Mr. Kevin Fenner of the Borough and decided to hold a public hearing on the Comprehensive Plan in October when the new Council is on board. Councilman Wise stated that he is still confused as to why the Plan was not approved except perhaps for the printing costs. Iftbile Land Order 0011 ORM"NG PUBLIC LANDS PON InCKWAT tuarmn 13Y virtue of the authority vested in the Pirraldent and pursuant to Executive Cider No. 0331 of April 24. 1043. it is ordered as follows* Executive order No. 9141 of April 231. 1942. reserving public lands for the use of the Alaska Road Commlilsion in can• • flecuon with the conAtruction. operation. and maintenance of the Palmer -Roth. ardson Highway (now known as the Glenn Highway). Is hereby revoked. Public Land Qrder No. 380 of July 31. gam Rome 1047. b hereby revoked so for as It retain An losdc Dug eftwgag aban 10 I%Nugb' %fill to the withdrawal. for highway purpoice, Rom of fteaff nos" maingush" in 0"00 of the following-defteribed lands: talked under IN sansill"No 09 on GNPUM (a) A strip of land 600 feet wide. 300 of the Wersar. W on each tilde of the center line of With respect to the lands found by the Alaska Hithway, (formerly the cano dian Alaskan Military Highwayi as ton. the revUou waft by thle Oder MA 809 rewithdritern by It. this Order SUO 111 stmeted from the Alaska -Yukon Teed- became effeCtive *1 10:00 a. 06 OR 00 tarry boundary to Its junction With the Richardson Highway near lNe Delta. 35th day after the data 1191001, At UM thing, such refused lands. fill Of WhIC112, it Alwks. fir, A Strip of land 60 feet wide. 300, are Unsurveyed. SW. suble" SO v0d existing rights. be opened to settlement feet an each We of the center Una of the Gulkana-Slana-Tok Road as constructed under the homestead laws and the hOUW- from Tait Junction at about Mile 1319 an afts, a4 of May 26. 1934. 48 StaLAW 448 V. 111. Q 4611. cow. and to that tam at - the Alaska Highway to the junction with tire Richardson Highway near ou"'an"i appropriation only, by qualified VVAWON AlS of world war U and other Quainfied Per. to valid existing rights and till sm caUtled to preference under ON set ar ftpkmber 0. 1944. 54 Stet, 741. ex mina aurms and vnthdrawals lor other than highway purposes, the public amended to V. L Q 279-M). Come • lands in Alaska lying within 300 feet on memmi at 10:00 a. In. an this at" dw &Use the date of " order• any of BWA each side of the center line of the Alaska Highway. 150 feet on each side of the lands not settled upon by TellerM alms center One of all other through Made 100- bICOM alib'J"t far IWAUMM a" OthU game at a"Mriallaft by the Pubm al tot on each side of the center ltn� of s.1 feeder roadx. and 50 feet on each side generally In 80.0rdegift With this appivole of the center line of all local roads. In plate laws and regulaucine. ateardance with the following clawillea- egg" 16 CMMIOS - are hereby withdiairin from all 11119" seactow of I" interior.Mont. forms of appropriation under the public - land laws• the ffilft- 16. 104L including mining and eral-leasina laws. and reserved for high- IF. IL DO& 04" PUV4 AN* 116 V- Way PUIVISM: 0,40 6. ILI THRDUGN RGAIS Al"ka Ilthway. Richardson "llhimy. olefto "Illisfir. 11allnes Highway. To% Cut- 00. Ntme thelitur. 9111011 IllwhWAV. MCKInItY Porit flood. 11-bid. godenon Cut-41.1. TO E-10 Rod. Uubl-. 1A.sip-Pacironan 11C.Ad. finair-901nin" llOd. mpnot LA110-I'LrIff nfwt. rmir. "a -co less, road. Anchor, .r4like timen..rd I. -ad. Circle not springit no -I W, �i 4 J. 1 i .. } ' 2 C .s 14:20.240 Mobile Homea: (a) No mobile homes may be installed for use in the City of Kenai for public, commercial, or assembly purposes after the effective date of this ordinance. (b) Mobile homes for residential use may be established (only in mobile home parks as permitted in the land Use Table. c)—Mobile homes which were installed prior to the effective date of this ordinance in conformance with applicable building code regulations in areas where now prohibited and used for residential purposes, may have such use continued indefinitely, except that such trailers shall not be replaced if destroyed or removed. (d) Mobile homes utilized on bona fide construction sites for offices, storage, or other such purposes may be no used anywhere within the City limits on the construction job they serve, but shall be removed immediately upon completion of said construction. )-'C" W L F`. 14.20.050 Nonconforming Lots. Structure!i. h U00-1: (g) General Provisions. (1) Signs and Display Devices. A nonconforming uoe of a structure, nonconforming use of land, or a nonconforming use of a structure and land, shall not be extended or enlarged after passage of this ordinance by attachment of additional signs to a building, or the placement of additional signs or display devices on the land outside of the building, or by the addition of other uses, if such additions are of a nature which would be prohibited generally in the zone involved except that this provisions shall not be deemed to prohibit the replacement of one sign with another of like size. (2) Construction Begun Prior to Passage of the Ordinance Codified Herein. To avoid undue hardship, nothing in this chapter shall be deemed'to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination, and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved. [0) CONDITIONAL USES. ANY USE FOR WHICH A CONDITIONAL USE PERMIT IS GRANTED SHALL NOT BE DEEMED A NONCONFORMING USE, BUT SHALL WITHOUT FURTHER ACTION BE DEEMED A CONFORMING USE IN SUCH ZONE.] [(4)] (3) Repairs and Maintenance. On any nonconforming structure or on any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 10% of the current replacement value of the building, provided that the cubical content of L,he building as it existed at the time of passage nT nmonAmant nF hie ordinance shall not be increased. k , 64- -%v L C C 151 ---- :.L-w I. 14.20.150 Conditional Usea: (c) Procedure. (1) An application for a conditional use permit shall be filed in writing with the administrative official and verified by the owner of the property concerned. Eil Application shall contain the following date with respect to the property and the applicant: (a) Legal description of the property involved; (b) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such'.data as may be required. (2) The public hearing and notification procedure for a conditional use permit application shall be accomplished in accordance with the requirements of this chapter. (3) An approved conditional use permit shall lapse 1.2 months from the date of approval if [NO CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED BY THE BUILDING OFFICIAL] the non - conforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances has not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. Wl ID E • 14.20.180 Variance Permits (a) Permit Expiration and Extensions An approved variance permit shall lapse 12 months from the date of approval if [NO CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED BY THE BUILDING OFFICIAL] the variance for which the permit wes issued has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to the expiration of the permit. A public hearing shall not be.lequired as a condition to granting the extension. k ilbi � kr L 9 I F 1'J. ii'DIN13 C of to V1 •p r r C7 -9Lei M 7 C C O p1 •t O D! � y l�; 01 O) �• 2 ^t 2 Cr n CU O W �W (A ....a< YrJrca~ to M e0 H r 7 r'' Oi n C 0) O y «+. a• Ip M to = 01 03 61 03 = < . . 0) C 6i \ G ►+rM6-n to n N h no 0 �-•Cf C x W I. -" r 'O O 0) 6f w fD f0 01 Ln W n r-..•1 C C '•1 - n ►� 8 N i� r7 c m r7 t0 rn W 41 IT Q '.1 1.. l0 n O' N 0) N 7K .7 0 1.- 1 O" C •+ -4 q M a N1 O n O rt 9- N (A 95 7 W G1 •f I•• = O V1 ►f g n 1+ N Ol ID 10 10 n w. 3 ps n O• n n e•r r. "! o- N 10 W c O r+ (0 N 1r F.. ID M r7 n. N - �+• O e•1• R '*1 v'+ C G ' O -. O ►1 �1 3 iA ..•� h..toro f O N ro ° 1 ; w 17 n V MR v �o T]n I n 0 m a Iro � Iro N Iro H 1 Iro N N c ron V ronI'tro n n r C— Ib CITY OF ---� d G'cloof2iW 4 4" ZW ROALOO KENAI, ALASKA 88611 TELEPHONE 283.7535 August 20, 1986 MEMORANDUM " TO: Mayor and Kenai City Council FROM: Howard Hackney, Building Inspector RE: Ordinance No. 1155-86 Ordinance 1155-86 was originally presented to Planning and Zoning with suggested changes to the zoning code. They made some changes and passed it as "Resolution PZ86-26". This was sent to Council as Ordinance 1155-86 and was introduced. At the next Planning and Zoning Commission meeting they decided there was an additional change that needed to be made. They instructed the Planning and Zoning secretary to draft a substitute ordinance for the next Council meeting when the ordinance would come up for public hearing. When the substitute ordinance was drafted deleting the additional change two other sections were inadvertently deleted which needed attention. Council postponed action on the ordinance and returned it to Planning and Zoning. At the last Planning and Zoning meeting these were put back in and the section on set -backs from the centerline of streets was modified. The ordinance was re -drafted for presentation tonight. The added items were put back in the wrong order which made the whole ordinance incorrect. Ordinance 1155-86 Substitute 2 %-lb) corrects all errors and is as Planning and Zoning requested. HH/dg i L j SUBSTITUTE 2 Suggested by: Planning h Zoning CITY OF KENAI ORDINANCE NO. 1155-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING VARIOUS PORTIONS OF KENAI MUNICIPAL CODE SECTION 14 ENTITLED "PLANNING AND ZONING." WHEREAS, several sections of the Zoning Code need to be updated, clarified, and conflicting sections made to agree. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that amendments to the Kenai Municipal Code Section 14 be made as defined below: Section 1s The Table containing development requirements located on Page 14-61 of the Kenai Zoning Code is hereby amended to read according to the attached Exhibit "A" which is attached hereto and incorporated herein. Section 2: Section 14.20.240 of the Kenai Zoning Code is hereby amended to read according to Exhibit "B" which is attached hereto and incorporated herein. Section 3: Section 14.20.050(g) of the Kenai Zoning Code is hereby amended to read according to Exhibit "C" which is attached hereto and incorporated herein. Section 4: Section 14.20.150(c) of the Kenai Zoning Code is hereby amended to read according to Exhibit "D" which is attached hereto and incorporated herein. Section 5: Section 14.20.180(e) of the Kenai Zoning Code is hereby amended to reed according to Exhibit "E" which is attached hereto and incorporated herein. I L I 1 Section 6: The section of the Land Use Table - Page 3, located on Page 14-58 of the Kenai Zoning Code is hereby amended to read according to Exhibit "F" which is attached hereto -and incorporated herein. Section 7: The Additional Requirements Table located on Page 14-62 of the Kenai Zoning Code is hereby amended to read according to the attached Exhibit "G" which is attached hereto and incorporated herein. PASSED BY THE COUNCIL OF THE CITY OF KENA1, ALASKA, this 20th day of August, 1986. ATTEST: Janet Whe an, City Clerk Building Official: 8/20/86 TOM WAGONER, MAYOR First Reading: July 16, 1986 Second Reading: August 209 1986 Effective Date: September 209 1986 2 L A � � i, m n 1 h oc; ~rt I 1 j f%n �W� ►� rs ,. c ? !. w O m i A 0f N i 1° o a a h j I ►ml i? m a m a y a 4 • a j 6" � � � • • A „ 'n H .7'i V O� n 'O S c 1 1 N •mi a s 1 3 C M n C I S A r ►+ 0 N "i w re o 9) r� 00 09 m � N a n O O w La 1 1 °a N o c w to m < M ►i • R — rp • �' N I� I� n • o• n 0 a a n ? ►�+• fD M a IA ao ? fD n O O LA fmf 04 r In O 1 i r. m ro w � •wi a o o o kn a i l~o O Pk i � K A. � r m 91 O Q. M i•t r ,y r r► o. o p ~ r 90 A N F+ O� •O /�� fp 1 N N G � i0•! O m e m to M M Q. u~ C 01 M fD o C C W T M a Ph A 01 0 n 9 6 0 0 O n �o nr M �+ N m C w I M y H N z ur A 1, b \? M M y ^� s N FEl ► �e �e v ryi L �~•• a 1m0 •� ' W r r n rr n to 1 C x n r 1 r•i w ME f. C 14.20.240 Mobile Homes% (a) No mobile homes may be installed for use in the City of Kenai for public, commercial, or assembly purposes after the effective date of this ordinance. (b Mobile homes for residential use may be established only in mobile home parks as permitted in the Land Use Table. c Mobile homes which were installed prior to the effective date of this ordinance in conformance with applicable building code regulations in areas where now prohibited and used for residential purposes, may have such use continued indefinitely, except that such trailers shall not be replaced if destroyed or removed. (d) Mobile homes utilized on bona fide construction +sites for offices, storage, or other such purposes may be so used ` anywhere within the City limits on the construction job they serve, but shall be removed immediately upon completion of said construction. Or • B " L. I. l_ "� 14.20.050 Nonconforminct Lots Structur 8 U � es ses s (g) General Provisions. (1) Signs and Display Devices. A nonconforming use of a structure, nonconforming use of land, or a nonconforming use of a structure and land, shall not be extended or enlarged after passage of this ordinance by attachment of additional + signs to a building, or the placement of additional signs or display devices on the land outside of the building, or by the addition of other uses, if such additions are of a % nature which would be prohibited generally in the zone involved -- except that this provisions shall not be deemed to prohibit the replacement of j one sign with another of like size. (2) Construction Begun Prior to Passage of the Ordinance Codified Herein. To avoid undue hardship, nothing in this chapter shall be deemed'to require a change in the plans, construction, or designated use of any building on which actual construction was lawfullybegun g prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination, and removal of an existing �{ structure in connection with such construction, provided !i that actual construction work shall be diligently carried on until the completion of the building involved. [(3) CONDITIONAL USES. ANY USE FOR WHICH A CONDITIONAL USE PERMIT IS GRANTED SHALL NOT BE DEEMED A NONCONFORMING USE, BUT SHALL WITHOUT FURTHER ACTION BE DEEMED A CONFORMING USE IN SUCH ZONE.] [(4)] (3) Repairs and Maintenance. On any nonconforming i structure or on any building devoted in whole or in part to s any nonconforming use, work may be done in any period of 12 consecutive months -on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent: not exceeding 10% of the current replacement value of -the building, provided that the cubical content of the building as it existed at the time of passage 4 or amendment of this ordinance shall not be increased. L ti t 1. C e 7 1 C 14.20.150 Conditional Uses: (c) Procedure.. (1) An application for a conditional use permit shall be filed..in writing with the administrative official and verified by the owner of the property concerned. [i] Appl'ication shall contain the following date with respect to the property'and the applicant: (a) Legal description of the property involved; (b) Plans showing the -location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such.data as me be required. (2) The public hearing and notification procedure for a conditional use permit application shall be accomplished in accordance with the requirements of this chapter. • (3) An approved conditional use permit shall lapse 12 months from the date of approval if [NO CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED BY THE BUILDING OFFICIAL] the non -conforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that•circumstances has not changed sufficiently since the date of initial permit approval. A request -for extension must be submitted prior to expiration of the C permit. A public hearing shall not be required as a condition to granting the extension. i 1 1 � L J I, - L. - -OV,. 1 k 41 1 t: ' 14.20.180 Variance Permits - (a) Permit -Expiration end.Extensions.•An a variance Permit shall lapse 12 } months from the date of approved approval if [NO CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED BY THE BUILDING 1 OFFICIAL] the variance for which the permit was issued has not been implemented. The Commission j 1 I, t. " maygrant a time extension not to exceed six months upon a finding that circumstances have not ' ; changed sufficiently since the date of initial permit approval. A request for extension must be submitted to the prior expiration of the permit. A -public hearing shall not be required as a condition to granting the extension. SF 4 + j9j91•' I ` ' 1 l 1 k :J j L . 1 I i' G ; f t �t '< t ' �t ,t 1 . �1 d co tI { � •t t t _ ; .. s j • •• 6 fi I 4 r C O (A W -0 -0 'fl r r C9 •'t r�i c CO m"0(D O m•1 m f"{ wzti zcrn aI'•r9" 00.-.., a I7ti r c " •t t0 �7 �1 � rD �7 �0 , \� a O •7 t0 � � O ►+ x O .... , .r •p O m m w tD O N t- O w «7 C C 1-1 N 01 N x = (A o- 1 O 07 C o- a M M � O t� O" N ►-• Crt 7, N m ►7 r• 7 O rA C n C" 9 n IT ff1 m 00 10 m 1+• 0 �p n 6-• "1 0 1+• .1 r•• iN 0 CDC 0 nOnn f+ rW � m + W 0-Q O � 10 O N to I- W I+m In%ACG\ C M• 0 m i s ro O N 7 N t0 W n _ v n In n In M in n In v 1n t'0 n n 10a a I"d n n O 1 O Z 60 Z C7 Il ro N O fJ1 I"tl N n 1 � � N N 1 N t lov - a n n n L is ADDITIONAL REQUIREMENTS: Minimum Yards: ` [A. YARDS WHERE COMMERCIAL AND INDUSTRIAL ZONES ABUT RESIDENTIAL ZONES. WHERE A CC, CG, IL OR ILL ZONE ABUTS A RESIDENTIAL ZONE, IT MUST BE SEPARATED BY AN ALLEY.] [B]. Yards for Corner Lots. The minimum side yard cn the street aide of a corner lot shall be the same as the minimum front yard required for that zone. [STREET SETBACKS: SETBACKS FROM CITY AND STATE ROADS. MINIMUM YARDS REQUIRED BY THIS CHAPTER SHALL BE IN ADDITION TO THE . FOLLOWING SETBACKS FROM THE CENTERLINE OF CITY AND STATE ROADS. THESE SETBACKS SHALL BE REQUIRED IN ALL ZONES. A. MINIMUM SETBACKS FROM THE CENTERLINE OF CITY STREETS ' 50 FEET; i B. MINIMUM SETBACKS FROM THE CENTERLINE OF A PRIMARY . FEDERAL -AID HIGHWAY - 150 FEET; C C. MINIMUM SETBACKS FROM THE CENTERLINE OF A SECONDARY } FEDERAL -AID HIGHWAY - 100 FEET.] Maximum Heights: Height Limitation of Structures Near Airport. + { All structures in aircraft approach zones and within 8,006 ' t i feet of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on j a map entitled "Obstruction Criteria," on file with the [CITY CLERK] airport manager. 1 � N :. EAAAo 1`,. F t, F I is 7 } r� r, i• t: 1� 1. CITY OF KENAI % %Od Capdal 4 414"a 210 FIDALOO KENAI. ALASKA 99811 - TELEPHONE 283.78MS MEMORANDUM TO: Kenai City Council FROM: Janet Loper, Planning Specialist SUBJECT: Ordinance 1155-86 DATE: August 15, 1986 At the last Council meeting, on behalf of the Planning Commission I requested this ordinance be amended to exclude portions of Exhibit B pending further research. At the meeting of the Planning Commission on August 13th, the Commission made specific recommendations to Exhibit B based on the attached copy of Public Land Order 0601. A copy of the portion of the minutes pertaining to this item are attached and outlined. Briefly, Public Land Order #t601 sets out 150' for a ROW along the Spur Highway from the junction to mile post 14. PLO 61613 adds 100' width from mile post 14 to 38. To date nearly all vacations have occurred between the junction and mile poet 14. ice remain the lame. G�44046, PLANNING 6 ZONING COMMISSION ���A� August 13,, 1986 i Page 8 b. Ordinance 115546 At the last meeting the Commission discussed removing two items from. the ordinances one dealing with setbacks and one dealing with buffers In adjacent land uses. The setbacks address the Public Land Order which sets out ROWs. The Commission and Councilman Wise discussed the attached PLO 601. Councilman Wise suggested requiring a written waiver from the State of Alaska waiving the PLO as it affects the City'prior to platting. Since the State and Borough did not do the research on the PLO as a result the plat indicates a ROW of 100' when actually the plat is legally incorrect because the federal government had a reservation for 150' from the centerline. What the City had been doing is granting variances pertaining to that and it should have been looked into sooner. Commissioner Bryson stated that unfortunately something like this shifts the responsibility to the City to enforce rather than to the federal government. Councilman Wise corrected that to state rather than federal. When we had setbacks we were enforcing the PLO. Concerning the buffer, it was mentioned during the hearing for the rezoning for Mr. Schilling as an example of a buffer between land uses. As it stands now, an alley is too restrictive, however, the Landscaping Review Board feels eliminating it would be too open. Commissioner Bryson asked if it would be appropriate to state somewhere that variances from these requirements shall be granted only upon authorization being received from appropriate state agencies. MOTION: Commissioner Bryson moved to recommend approval of 1155-66 as submitted with the exception that Exhibit B, Street Setbacks be omitted from the proposed changes and adding a sentence indicating that variances from these requirements shall be granted provided no objection is made by State of Alaska, Dept. of Public Facility in regards to PLO 601, dated August, 1949, seconded by Commissioner Smalley. VOTE: Motion passed unanimously 9. REPORTS L a. City Council The Council heard Mr. Kevin Fenner of the Borough and decided to hold a public hearing on the Comprehensive Plan in October when the new Council is on board. Councilman Wise stated that he is still confused as to why the Plan was not approved except perhaps for the printing costs. L J ES 51 ■ IWblle Land Order Sell ~ Alatuw ' aBenvlNe PUBLIC LANDS roes IKaewaT PUBrosca J . ny virtue of the authority vested to the President and pursuant'to EBeeutivs Order No. 0317 of April 14. 1011. It is ordered as follows: Executive Order No. 910 of April 11. 1912. reserving public lands for the use of the Alaska Road Comminion in con• neftlon with the eonstruction. operation. Yea and maintenance of the Palmer -Rich. ardson Highway (now known Ace the Olean HlghwAy), Is hereby revoked. Public land Order No. 106 of July 11, 11am Row 1041.1s hereby revoked se far as It relates %f/ll to the withdrawal, for highway purposes, An lama Set gl otacd -I, • Ibnnsilis Roads of IMaw Rest. OWINIaasa av MID* r • of the following•d"Cribed lands: telned Balder IN tunaaWUM of Lae tlatlegaq fat A strip of land 600 teat wide.100 feet on each side of the center Una of of tam Lamnar. the Alaska Hlvhway (foymerly the Casa With respect to the lands released by the reveeaLions trade by this oiler and than Alaskan Military Highway as eon• strutted from the Alaska -Yukon Terri- feet nwlthdrnm by Li, this order abaU ' gory boundary to Ita junction with the , We= effect!" at 10:00 a m: on tM nth day aster the date hereof. At that Richardson Highway nor Sig Delta. AIu time. such released lands, all of which 1bt A strip et tend 000 fret wide. 100' teal on each side of the center line of the are unreytd. shad. subject lid to valid asuexlatms rights. bs opened to settlement Oulkana-Slana•Tok Road as constructed pater the homestead laws and the home- site act of May 90.1934. 48 Slat.Aft 14II • from Tok Junction at about Mlle 1110 on the Alaska with wayHighway the JURear V. a �, a9t 1, only. and to that form 01-" son the Richardson Highway near OWkaaa. w o l appropriation only by Qualified veterans of War 11 and other Qualuled per- Alr.•ks. Sub)eet to valid exlstlne rights and to • , am entitled to ptetercnee under the aft ofSeptember n. 194e, be- Stet 141. a1 exi%tina surveys and withdrawals for other than highway purposes. the public amended 441 U. a. Q 9706-1841. a m. lands In Alaska lying within 100 feet on mencing at 10:00 a. at OR the 1111eb dal wade of the center of the the after the date of thq order, Bay Of such Hiceach each each side of the of cenhwsy, fS0 feet other triter Una of oil other through roadne lands not settled upon by veteran• &bail become subject to settlement "a othv 1 feet eyed side of the center of of forms of Appropriation by the pubita feeder e;l toter roods. And 0p feet each each side generally In accordance with the appro. al • cf the t.n;cr :I�e of all local roads, to Swats laws a. d rtVIA000. secordtnce pith the fellotring dlasd!tea• Crr.AN L CILIVI A:1. eons. art hereby wlthdiarn from all Vader Sterstory el Me Jnferlar forms of ournprintion under the public• land laws. Including the mining and min. Atiam It. IN . eral•leatina laws. and reserved for hlrh• If. a VOL Mons: f$hA Aug. Ira 1r• , way purposes: 8:46 46 W1 TNcooan Ro.a Aloes& R rhersy. Rlehordana HleMwy, Oiena Hghoar. Imines Htgu�y/. Toes cut. on. /enea Resew kte"t Hlolmre. 61lidtt 111uhsar. UcKinlM , • Form nood. Ai..un►pry•Pmler•IoWAD R.M. i [daerlon LUt•t7. Tok a-11t Rot@. 1101- La,a•riiorn,nn 1160. 1101're•901naieil ll'vd. Kenn$ Like•1[•riet nnsi1, rmth^-,pe•ce i to Food. Anchor, t ••Lake t;rrn..rd I. -ad. eirtie not spring@ no d. .' .. •�•,. -'. its: .. .r'�'r -- L- — -- **__%- - f . . _._ A_.. — . L i. tlrd t� .4 ;i e � 4 �I f ..t . t. S 3 1-0 C -� 5uhgested by: Administration CITY OF KENAI ORDINANCE N0. 1159-86 AN ORDI NANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,000,000 FOR THE KENAI BOATING FACILITY, AND TRANSFERRING $324,622.41 WITHIN WHEREAS State o WHEREAS State o Facilit NOW, TH KENAI, THE PORT FACILITIES FUND. , in 1984 the City received a $1,000,000 grant from the f Alaska for a boating facility, and , in 1981 the City received a $643,500 grant from the f Alaska, matched with $71,500 of other funds, for a Port ies project, of which $524,622.41 is unencumbered. EREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALASKA, that estimated revenues and appropriations be increas 8E IT the Po ad as follows: Boating Facility (Dock) Capital Project__ Increase Estimated Revenues: State Grant #7/95-217 $1 ,000,000.00 Increase Appropriations: Administration $ 3,000.00 Inspection 78,000.00 Construction 919,000.00 $1 ,000,000.00 FURTHER ORDAINED that the following transfers be made in rt Facilities Capital Project Funds From: Site Aquisition $ 149,978.00 Engineering 59,644.41 Other Engineering 25,000.00 Contingency 90,000.00 $ 324,622.41 J r- .I .E. t; 1` (1 t c 1 i lt. j i R ;1 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August, 1986. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance: e"? First Reeding: August 6, 1986 Second Reading: August 20, 1986 Effective Date: August 20, 1986 .rr�M, t . 1 If cl 1; 7 i MONO TO: Kenai City Council ; ' . `.. F, FROM: Charles A. Brown. Finance Director C; DATE: August 8, 1986 - i SUBJECT: Boating Facility/Ord #1159-86 `y The following will be available for construction of the Boating Facility: Dock Project, Ord #1159 $ 919,000.00 Port Facilities Grant, Ord #1159 324,622.41 Port Facilities, already in construction 200,000.00 Available for construction S 1,443,622.41 _ According to the preliminary cost estimates prepared by Bill Nelson `1 (7-25-86), the available amount is $193,122 more than the estimate for the basic bid, but $194,378 less than the estimate for the basic bid, �{ f= plus all additive alternates. ?� Considering that there is a $163,000 contingency in the basic bid ' figure. and that Council has said not to buy all 3 cranes now, it appears that it may be premature to allocate General Fund money to this project. f If there is doubt on Council's part, however, the simplest thing to do l is to postpone final action on Ord #1159-86 until September 17, 1986, � • :f i the date scheduled for bid opening and award. 'i. �i r t . t KENAI BOATING FACILITY PRELIMINARY COST ESTIMATE • Jul v 25. 1906 SIC BID 1. Docl- & Trestle 2. Parking Pad Expansion 3. Slope Protection 4. Dock Office .�+. Wellhouse & Well & Water System 6. Signage 7. Electrical Service/Dock Electrical S. Curbing 9. Holding Tank 0. Waste Oil Tank & Slab SUB TOTAL 15% CONTINGENCY BASIC BID CONSTRUCTION BUDGET 48-29.5� i(, 69, 0o) 44,144 6, 000 4,OGu 5, 000 3,500 2,500 � 1 , i►87 , Si��:� 16,3 , 000 1 , 250, 500 y: ADD # 1 Fueling Facility 74 060 ADD #2 Cranes 155, 006 ADD #3 Restroom, Shovers, ce=ptit 1C�9,ci�ii, ADD #4 Grid 30, 000 ADD #5 Parking Lot Lighting �a + Cost of Telephone and E1ectrica1 Service to site. Ref e- to Glacier State and H.E.A. cost cZuote h - L f d, 1 C -3 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1160-86 AN ORDINANCE OF THE CITY OF KENAI, ALASKA, CHANGING SECTIONS 17.20.010 and 17.20.011 OF THE KENAI MUNICIPAL CODE REQUIRING A MANDATORY WATER CONNECTION FOR ALL STRUCTURES WITHIN 200 FEET OF THE CITY WATER SYSTEM AND ABANDONMENT OF THE OLD WELL(S) SERVING THESE STRUCTURES. WHEREAS, in many areas of Kenai the City has run water and sewer lines to serve the public, and WHEREAS, the cost of maintaining and operating these lines are borne 'by the users of the system, and WHEREAS, the Alaska Department of Environmental Conservation will i not issue the sewer operating permit for the new lines without assurances that private wells within a specified distance are properly abandoned, and WHEREAS, requiring mandatory water connection and abandonment of , private wells when the public water system becomes available is in the best interest of the City. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Sections 17.20.010 and 17.20.011 of the Kenai Municipal Code be changed as follows: 17.20.010 Mandatory Connection: It shall be mandator for all structures susceptible to bein or _currentlye n a source from which water is being used. to beconnected to the pu tic. water s stem Brovided that any pertot-the structure is or is to be within 200 rest of an existing pu c water main, Suc d'fstance shall be measured by a straight i1ne noNithstanding e osn t a im ractica iof such e n the necessary_ distance of line being requ re . It shall be manse ory for the owner, operator, or users of 7-private well supplying water to a building [serving the public in any manner] to arrange and to (any] pay for connection of said structure of facility to 1 T e available municipal water system and the abandonment of -- - - ' well(s) no longer being utilized. Connectlog to the Elty water f istribution system end abandonment of old well(s) shall be as ------ _ - - specified by ordinances and regu at ona of the City of Kenai, and applicable law and regulation of the State of Alaska relating to use of and connection to public water systems and abandonment of old wells. (KC 17-68) 1 ----! ----- r J .r a:- i 17.20.011 Mandatory Charges: Each lot or parcel of land which abuts upon a street or other public way containing a public water main or a public water system, which lot or parcel of land contains any structure susceptible of using or - currently using any water system and which is or is to be 4 within 200 feet of an existing public water main or public water system, shall be required to connect to the public water sy stem and shall be charged the prevailing monthly amount tor public water serves. (whether or not said lot or parcel actually connect to t7 a public water main or public water system.) (Ord 816) PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of Septemerg 1986. Al OM MONER, MAYOR - ATTEST: Tenet Whelan, City Clerk First Reading: August 6, 1986 - Second Reading: August 20, 1986 Effective Date: September 20, 1986 Written by Public Works: 2 L L CITY OF KENA -oil 414 210 FIDALOO KENAI, ALASKA 99 - TELEPNONE 283. M5 MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director FOR: CITY COUNCIL MEETING OF AUGUST 6, 1986 DATE: July 30, 1986 ` SUBJECT: MANDATORY WATER HOOK-UPS DEC will not allow the City to operate our new sewer syste AP project because of the possibility that there could be ells within the required separation distance between a wel ewer lines (this distance can vary from 75 to 100 feet). ....,. .J ill the wells in the area could be rather costly and may not be iecessary if we enact the proposed ordinance changes attached to .his memorandum. I think ADEC will be satisfied if we require iandstory water connections to our water system and abandonment of .he old private well(s) prior to the operation of the City sewer (sins. lur present Code requires that if there is a structure susceptible If using water within 200 feet of our main, we charge them the :revailing monthly rate. However, our Code does not require them to :onnect and abandon their well. Attached are pages 17-6, 7, and 8 )f our Kenai Code as it is presently written. I have written this )rdinance that makes changes to 17.20.010 and 17.20.011 and I would Suggest we present it to Council at the August 6, 1986 meeting. Phis is desperately needed and needed immediately. WSW Attachments f _ � L L 1 bs 40 ZZ_ e O e e a BILL SHEFFIELD, GOVERNOR DEPT.OF ENVIRONMENTAL CONSERVATION Telephoner 0071 Address: 262-5210 P 0 Box 1207 gym. Soldotna, AK 99669 November 13, 1985 - Vfi Bruce Robson McLane R Associates, Inc. P.O. Box 468 L Soldotna, Alaska 99669 - Re: M.A.P. 1985 Water and Sanitary Sewer Improvements Dear Mr. Robson: This office received supplementary information concerning the above referenced project on October 29, 1985. Items 1 and 2 of my letter of September 6, 1985, have been satisfactorily add- ressed. Concerning the encroachment of the proposed sewer extensions into existing protective well radii, again I am unable to approve of these plans until this matter has been satisfactorily addressed. The wells in question must be specifically identified and located. Special sewer line construction practice may allow the required separations to be waived to lesser distances. If not, this office must be assured that these welts will be abandoned prior to operation of the sewer mains. The present city ordinance does not require connection to an existing water main, nor abandonment of wells no longer being utilized. If the wells are to be aband- oned, then either a registered engineer must verify that proper abandonment pro- cedures have been conducted, or a city ordinance must be enacted providing a means of assuring that proper well abandonment procedures will be exercized. Please contact this office if there are any questions. Sincerely, (:� n .14A,.- Paul D. Horwath Environmental Engineer me i Ii ..i l 17.10.050-17.15.010 17.10.050 Frozen Connections and_Sx-ensionst Customers will be responsible for all frozen sewer connections and extensions, and the City will not be responsible therefor. The City will maintain sewer connections, except for damages resulting from freezing. The City will in no way be responsible for sewer extensions. (KC 17 -61) 17,10.060 Discontinuance of service: The City may at any time without notice discontinue sewer service for repairs and the like without liability for resulting loss, or damage. Public notice of service interruptions will be - given whenever possible but the City shall not be bound to do so. (KC 17-62) 17.10.070 Rules, Regulations, and Rates: The City Administrator is hereby empowered, subject to approval by the Council, to make such rules and regulations required for operation of this system, not in conflict with the provisions of this Code, relative to sewer mains, connections, and extensions which will be served directly or indirectly by the City sewage system as are necessary to protect public property or the safety or health of the public, and to establish rates for sewer billing and collecting for the support of the system, and no person shall fail to comply with any such rule or regulation. (KC 17-63; Ord 686) Sections: Mandatory connection. Connection standards. Connection payment. Private self-contained sewage disposal a systems. #' (City of Kenai i Supp. 9 - 6/10 17.15.010 17.15.020 17.15.030 17.15.040 17.15.010 Mandatory Connection: It shall be mandatory for all structures susceptible to being or currently being a 17-6 L 17.15.-0':-17.20 source from which sewage may or is being generated, to be connected to the public sewage system provided that any part of feet the structure is or is to be within 200 of an existing public sewer main. Such distance shall be measured by a strai4ht line notwithstanding the possible impracticality of such being the necessary distance of line being required. (KC 17-64; Ord j 394 ) 4 17.15.020 Connection Standards: Private sewers intersected by municipal sewer lines shall be connected to said private sewer I .5, lines as provided by rules and regulations of the City of.Kenai. -- That in the event such connection repairs complete replacement of { ?'• so-called "private sewer line," then in that event the owner -� -_i thereof shall have that portion (nut including the connection to the City water main) replaced with installations conforming to the standard of construction prescribed by this Code within one - year From the date of the initial connection to the main sewer •, trunk. (KC 17-65) w 17.15.030 Connection Payment: Connections of private sewer dines of laterals to municipal sewer lines or systems shall be paid for by the owner, operator, or user. In the event it is ' necessary in the interest of public health and welfare to connect a private sewer line before finding and notifying the owner, then the City may do so and may charge the cost of such connection to ` the owner, operator, or user of said private sewer line. (KC 17-66) 17.15.040 Private Self -Contained Sewage Disposal Systems: i Any private sewage systems which are se1F-contained on the premises of any one owner shall be replaced by a connection to - the municipal sewer in not less than 12 months from the date when ' such service becomes available to the premises in question. (KC 17-67) Chapter 17.20 i CONNECTION TO PUBLIC WATER SYSTEM Sections: _ .. 17.20.010 Mandatory connection. 17.20.011 Mandatory charges. 17-7 (City of Kenai Supp. 023 - 7/20/83) L 1.1 17.20.010-17.20.030 J 17.20.020 Connection payment 17.20.030 Private self-contained water systems. 17.20.040 Persons authorized to accomplish connections. 17.20.050 Penalty. 17.20.060 Charges in lieu of assessments. 17.20.070 Connection charges to sewage collection system. 17.20.010 Mandatory Connection: It shall be mandatoiy for the owner, operator, or users of a private well supplying water to a building serving the public in any manner to arrange any pay for connection of said structure of facility to the available municipal water system. Connections to the City water dist. rib- Otion system shall be as specified by ordinances and regulations of the City of Kenai, and applicable law and regulation of the State of Alaska relating to use of and connection to public water systems. (KC 17-68) 17.20.011 Mandatory Charqes: Each lot or parcel of land which abuts upon a street or other public way containing a public water main or a public water system, which lot or parcel of land contains any structure susceptible of using or currently using any water system and which is or is to be within 200 feet of an existing public water main or public water system, shall be charged the prevailing monthly amount for public water services, whether or not said lot or parcel actually connects to the public water main or public water system. (Ord 816) 17.20.020 Connection Pavment: Mandatory connections of private water systems to the City water system shall be paid for by the owner, operator, or user. In the event it is necessary in the interest of public health and welfare to connect a private water line before finding and notifying the owner, then the City may do so and may charge the cost of such connection to the owner, operator, or user of the said private water supply system. (KC 17-69) 17.20.030 Private Self -Contained Water Systems: Any private water system which is self-contained an the premises of any one owner which supplies a facility serving the public in any manner shall be replaced by a connection to the municipal water system not later than September 1, 1966. (KC 17-70) A 17-8 i - - k r ,i a: 1� �I . ' . ATTEST: Suggested by: Administration RESOLUTION N0. 86-77 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR ARCHITECTURAL DESIGN SERVICES TO FOR THE PROJECT ENTITLED "EASTERN ENTRY TRIANGLE FOR A NOT -TO -EXCEED AMOUNT OF $ WHEREAS, the City of Kenai received proposals from the Following firms: William A. Kluge & Associates Carmen Vincent Gintoli, Architect NFHEREAS, the Council of the City of Kenai feels that it is in the best in of the City of Kenai to award this project to' and WHEREAS, sufficient funds are appropriated. ` NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded For Architectural Design Services to for the project entitled, "Eastern Entry Trisng ell for anot-to-exceed amount of $ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of August, 1986. TOM WAGONER, MAYOR i i . #{ is .. t i , CITY OF. KEN ` 210 FIDALOO KENAI, ALASKA 00811 TELEPHONE 283.7535 July 18, 1986 Carmen V. Gintoli, Architect 130 Trading Bay Road Kenai, Alaska 99611 Re: Spur Triangle Park (eastern entry triangle) Dear Carmen: The Council of the City of Kenai is requesting architectural proposals to make design modification to the enclosed "Kenai Downtown Landscape Master Plan" -- eastern entry triangle. This to be a memorial park as described by the enclosed July 10, 1986 letter from Councilwoman Sally Bailie to City Councilmembers. The location is between the Spur Highway, the Frontage Road, Ryans Drive, and Lake Street. The City has set aside $50,000 of Federal Revenue Sharing Funds for this project (Davis -Bacon wages are required). The $50,000 is for the completed project, which includes the design and construction. The scope of work is to include: 1. Sidewalks 2. Gazebo 3. Landscaping and where trees are to go . Please submit your proposal, along with a complete cost budget and schedule prior to 5:00 p.m., July 31, 1986. Sincerely, CITY OF KENAI Keith Kornelis Public Works Director KK/clf ' Enclosures L 0 a] rr� carmen voncen t ginilc% ard'hitect 130 trading bay road, suits 330 kenai, alaska 99811 907 283.7732 July 29, 1986 City of Kenai 210 Fidalgo Kenai, AK 99611 Attention: Keith Kornelis, Director Public Works Department 1 Dear Keith: 1 Enclosed is our proposal package for the Kenai Memorial Park located ! on the eastern entry triangle, between the Spur Highway, the Frontage i " Road, Ryans Drive, and Lake Street in Kenai. As requested, the proposal includes a cost budget and schedule, as well as a project description and preliminary design sketch. We understand that $50,000 has been set aside for this project in hopes of creating a place for the community of Kenai where citizens could plant a living tree or shrub in honor of a friend or relative. We further suggest that honorariums not be limited to members of the community who have passed away. This would allow any person to dedicate a plant to any living or deceased person, while beautifying the City at the same time. Project team members who will be intimately involved with the Memorial r Park include myself, a Registered Architect and 8 year resident of { Kenai; Suzanne Little, Landscape Architect= the support staff, and Wince/Corthell/Bryson Engineers. our entire technical staff is composed of highly trained and experienced personnel. We are excited about the project and believe that it is a needed addition to the community. Sincerely, ca en vincent gintoli, architect ,,, V.;,,,4 . Carmen V. Gintoli CVG/bd 1 L_ L J i r • �< it t. i CORREW SITS COELVEMM The site, located between the Spur Highway, the Frontage Road, Ryans Drive and Lake Street in Kenai, houses a myriad of utility systems including: 1) High pressure gas mains 2 FAA Building, housing main telephone trunks from Alascom, Glacier State and FAN 3)) Overhead electric lines: - 43 Sewer lines for runoffs and 5 Water main. The cost of relocating these utilities would be prohibitively high.-,: It is our recommendation therefore that the portion of the site -where most of the utilities are located remain undeveloped. Possibly -a row of trees around the perimeter of the utility zone could effectively screen the zone. ASSIGN CONCEPT "Oh plant no cold headstone for me but rather plant a sapling { tree . . Oscar Brown Jr. I We visualize the site becoming a serene - pleasantly landscaped garden Two have been designed to lend f for contemplation. summer view gardens bright colors to the greenery. Both Kenai residents and tourists will find the Memorial Park a (r pleasant place to spend time. DESIGN DESCRIPTIM The following are design elements to be included in the Kenai Memorial Park: 1. Aanhalt q Lot able to accommodate 6 recreational vehicles or small buses, 0 conventional autos and 2 handicap parking spaces. j 2. Sonrete Walkway for wheelchair access to the viewing gazebo from the parking lot. 3. D=1 lined with trees planted in memoriam crisscrossing E the site an providing access to other planted memorial areas. 4. ]A Loot MoundNUb yiewi a raze o from which scenic views of the - river, mountains and ravine can be enjoyed. 5. Zxa ,Summer Yjax Qzd=A for brightly colored annuals and perennials possibly installed annually on Memorial Day by - - volunteers. 6. Streets Lined with Trees each dedicated in memory of a loved one. - - - 7. Shrubbery And Groun Cover as landscape filler amidst donated I trees. F 8. gip istina wherever possible in order to both cut cost and to lend to a completed look as earlier as possible in the project schedule. i 9. ACcess is provided by walkways from all surrounding streets. �. 2 4 i �_1. i:• 1 COST ESTIMATE BASED ON PRELIMINARY fill 8 1. Asphalt (without curb & gutter) $ 48,000.00 2. Curb & Gutter (parking area) $ 14,000.00 3. Concrete Walk (handicap access to Gazebo) $ 69000.00 4. D-1 Walkways $ 20,000.00 5. Berm 2,856 cu. yds. @ $7.50 cu. yd. $ 21,416.00 6. Gazebo 300 sq. ft. @ $80.00 sq. ft. $ 24,000.00 7. Small Shrubs & Perennials (other plant materials to be donated) $ 10,060.00 PHASE ONE Berm and Walks (Items #4 & #5) 41,4166.00 Contingency 10% 45,55.0 A & E FEES 0.00_ 48,557.00 Inspection 1,000.00 $ 49,557.00 $ 49,557.00 PHASE TWO Plants and Gazebo (Items #6 & #7) $ 34,000.00 Contingency 10% ,� 37,400.00 A & E FEE $ 40r4OO.00 Inspection $ 1._500.00 $ 41,900.00 $ 41,900.00 PHASE THREE Asphalt Parking, Concrete Curb, Gutters & Walk (Items #l, #2, #3) 68,000.00 Contingency 108 6,800,00 A & E FEE 74,800.00Q 79,500.000 Inspection 2,500.00 $ 810000.00 $ 81,000.00 TOTAL PROJECT COST $ 172,457.00 3 I a SCENE ; PHASE I Assume Council Approval of Proposal August 6 ' 4 Begin Drawings August it Complete Drawings 9 . . . . . . . August 22 Advertise for Bids August 28 t Bids Due . . . . . . . . . . . . . . . . . . . . . . . September 25 Contract Awarded October 1 Work Completed . . . . *depending on weather . . . . ... . . . . . . . . October 15* Phase II & Ii 1987 construction season or as funds are available L 1. T 1 BEE SCHEDULE t, 1 Civil - Wince/Corthell^ryson 4 { - __- Engineer VII $58.00/hr. � Engineer V $49.50/hr. 1 Engineer iIi.- Drafter $40.50/hr. $30.00/hr. ` Secretarial $30.00/hr. ,a Architectural 1 Principal Camen V. Gintoli Project Architect $75.00/hr. $50.00/hr. Job Captain Landscape Architect $50.00/hr. $50.00/hr. u Sr. Drafter Jr. Drafter $40.00/hr. $30.00/hr. s Secretarial $25.00/hr. 1 i f � 1 { 5 1 r } - r .. ! f �-j` ky F E; WILLIAM A. KLUGE & ASSOCIATES i Architects / Piannare Tangent Bldg. "Pldalgo, Suits 204 863•3e9e . -jet Alaska 999'11 1111111111111111111111111111111111111111111111 is Ij July 31, 1986 Keith Kornelis, Public Works Director City of Kenai 210 Fidalgo Street ---, Kenai, AK 99611 t4. Res SPUR TRIANGLE PARK R.F.P. 3 � ? Dear Mr. Kornelis: j In response to your Request for Porposals to provide Architectural 2 services for the Spur Triangle Park, we are pleased to submit the ^1 attached proposal. •, t } We have current experience in park design, for example, Soldotna Creek Park and Dillingham Airstrip Park. The availability of our experience and approach to the Spur Triangle Park will be an asset in the completion of the proposed memorial park. Thank you for the opportunity to submit our proposal. Please feel i free to contact us at the above office if you desire any additional 5 information. Sincerely, William ALA., Kluge & Associates II i11 Ki , Architect r WILLIAM A. KLUGE & A1380CIATES Arohitents / Plennare Tengent 6ldg. a1O Fidelgo, Suits o04 263-3688 Kenai Alaska 88011 SPUR TRIANGLE MEMORIAL PARK PROPOSAL FOR ARCHITECTURAL SERVICES The Architectural firm of William A. Kluge & Associates is a Locally established firm which has provided services to the Kenai Peninsula Borough, City of Kenai, City of Soldotna, as well as local Private . entities. William A. Kluge & Associates emphasizes quality, practi- cality, and cost efficiency in it's design approach. The proposed site for the memorial part: is skirted on three sides and crossed with overhead utilities. This site condition, coupled with the $50,000 total project budget, leaves us to recommend the A. it We feel a car - development of the site a limited central part of he s e. should be developed with the gazebo, access walks, tion of and designated landscape areas. Limiting the park at this time funds and would lend itself well to making the for orderly development of most of available the remaining site. allowing an ' + PROPOSED PROJECT BUDGET Earthwork: 1 Job $10,000 Sidewalks: 550' 0 $12/ft. 6,600 jGazebo: 1 Job 1 1 Landscaping: 30,000 S.F. Hydroseeding a $.10/S.F. ' 30,000 S.F. Topsoil 0 $.20/S.F. �! 10 Trees 6 $250.00 ea. j Architectural Feess TOTAL BUDGET: 16,100 3,000 6,000 2,500 --5,800 $50,000 q: - - ----. As pointed out in the preceeding budget, we are offering Architect- ural Design Services on the proposed project for the lump sum fee of -------- - $5,800.00. This fee includes two design review meetings as well as Contract Documents consisting of working drawings and specifica- It tions. i Upon Notice to Proceed, we anticipate completing the Contract Docu- �: manta within a thirty day period. A thirty day construction sch_ du le should prove adequate for the proposed work. We look forward to the opportunity of working with the City Council 2 in developing a cost effective, well designed memorial park. L 01 L ow CITY OF KENAI ti „oil 4"„ 210 FIDALOO KENAI, ALASKA 90611 -- TELEPHONE 263.7535 - .wsw aw••: August 8, 1986 TO: Carmen Gintoli William Kluge SUBJECT: EAST ENTRY TRIANGLE PARK/KENAI MEMORIAL PARK Please find enclosed the minutes of the Kenai Memorial Park Committee meeting of August 7, 1986. Please provide the new proposal to Public Works prior to Thursday, August 14, 1986, at 5:00 p.m. If you have any questions, please feel free to -call me. Sincerely, Keith Kornelis, Director Public Works Department KK/sw Enclosure it 3� Al S !� a T a i a r :'1 --- " i� 3 fi KENAI MEMORIAL PARK COMMITTEE August 7, 1986 - 7:00 PM Senior Citizens Building Tim Wisniewski, Chairman 1. ROLL CALL Present: Sally Bailie, Koralee Hansen, Chris Monfor, Pat Porter,, Roseanna Sheldon, Tim Wisniewski Also Present: William Kluge and Carmen Gintoli & Suzanne Little 2. APPROVAL OF AGENDA No agenda used - organizational meeting 3. APPROVAL OF MINUTES of , 1986 First meeting 4. OLD BUSINESS 5. NEW BUSINESS The Committee began by speaking of different ideas presented by the architects (Kluge and Gintoli) and of probably costs involved. The Committee and the architects agreed on the money available ($50,000) for the entire project for this year. The problem of the utilities was discussed. The Committee and the architects agreed that the members would compile a list of ideas to begin with and submit these back to the architects through Keith Kornelis. The architects left the meeting. The Committee.ggreed on the following list: Don't Want 1) Large berms particularly surrounding the gazebo 2) No parking lots - at least this year 3) No restrooms 4) No picnic tables Do Want - Architects to Include in Design Package 1) Slightly raised gazebo with ramp access for handicapped, partial foundation as opposed to full foundation if possible L 1 MEMORIAL PARK COMMITTEE Page 2 r;. 2) Flower beds I 3) Water fountain option (not drinking fountain) 4) Seating Plan - i.e. benches 5) Walkways - natural type rather than concrete contained with - borders t? 6) Plan for signage - desire 2 with 1 placed on gazebo and 1 -- ; elsewhere in the park 7) Barrier for 3-wheelers . plan 8) Trash containers - nice wooden ones 9) Flag pole site - pole has been donated by Nina Selby !f The Committee enlarged upon the project by agreeing that the architects will design the spots for the trees and shrubs, the donors • _ will be able to select from the spots, go to the nursery to select the tree or shrub of choice and the parks crew will do the planting. The trees and shrubs will be planted once a year. A memorial ceremony utilizing the gazebo as a focal point will dedicate those trees and - i shrubs planted. One type of design will be used for the plaques which - will be the one least likely to be damaged by vandals. j There is a small structure on the east end of the park. A lattice 1 work screen should be design with folliage which will grow to conceal the structure but still allow access. _ The Landscaping Review Board has been working with a list of trees and shrubs which was produced by the former Cooperative Extension Agent ' and has been approved by local landscapers as having the highest } survival rate. The donors will be encouraged to choose from this 1 list. The next meeting of the Committee will be Tuesday, August 19, 1986 at 12:00 .� PM at King Oscar's Restaurant. The architects are encouraged to submit their proposals by packet time Friday, August lSth. The Committee will review the proposals on August 19th and present their recommendations to Council on August 20th. Janet A. Loper, Planning Specialist Secretary to the Committee L L L -11 WILLIAM A. KLUGE & ASSOCIATES---------------------- Arvh1teoes / Planners Tangent Bldg. 816 Fldslpe, Suite QQ4 883-3998 Kenal Alaska BS89'1 1� { :t 1 = i ' �1 t s a ; i r y� y t � f jt e August 14, 1986 • Keith Kornelis Public Works Director City of Kenai 210 Fidalgo St. Kenai, AK 99611 .Re: Spur Triangle Park R.F.P. for Architectural Services Dear Mr. Kornelis: In response to your memo of August 8th we would like to submit the following additional information. The Park Committee's list of wants, with the exception of the water fountain, can be provided within the scope of our original proposal and budget of July 31, 1986. As I have explained to the Park Committee, the cost we had budgeted for the gazebo included signage. The other wants listed could be developed in our programing of the park. The cost of constructing a simple water fountain in this area could be estimted at *10,000. Our original budget was making a maximum use of the $50,000 grant for the desired type of park. We can provide Contract Documents to include the proposed water fountain for an additional $1,500. As mentioned above, we feel our original proposal can address the desires of the Park Committee and we have attached a copy of it. If the proposed water fountain is to be a part of the work, we would recommend adding $11,500 to the budget for design and construction. If you have any questions, please feel free to call. Sincerely, William A. Kluge & Associates Bill lu , Architect Bill BK:bsg Attachment 1 WILLIAM A. KLUGE & ASSOCIATES Archhumam / Planner• Tangent Bldg. Fidelgo. Suite 004 053-MBO 1 Aleaka 9BSTI SPUR TRIANGLE MEMORIAL PARK PROPOSAL FOR ARCHITECTURAL SERVICES The Architectural firm of William A. Kluge & Associates is a locally established firm which has provided services to the Kenai Peninsula Borough, City of Kenai, City of Soldotna, as well as local private entities. William A. Kluge & Associates emphasizes quality, practi- cality, and cost efficiency in it's design approach. . The proposed site for the memorial park is skirted on three sides and crossed with overhead utilities. This site condition, coupled with the $50,000 total project budget, leaves us to recommend the development of a limited central part of the site. We feel a por- tion of the site should be developed with the gazebo, access walks, and designated landscape areas. Limiting the park at this time would lend itself well to making the most of available funds ar4d allowing for an orderly development of the remaining site. a� i PROPOSED PROJECT BUDGET Earthwork: i Job $10,000 j Sidewalks: 550' 0 $12/ft. 6,600 Gazebo: i Job 16,100 Landscaping: 30,000 S.F. Hydroseeding @ $.10/S.F. 3,000 30,000 S.F. Topsoil @ $.20/S.F. 6,000 10 Trees @ $250.00 ea. 2,500 Architectural Fees: - 5,800 TOTAL BUDGET: $50,000 As pointed out in the preceeding budget, we are offering Architect- ural Design Services on the proposed project for the lump sum fee of $5,800.00. This fee includes two design review meetings as well as Contract Documents consisting of working drawings and specifica- tions. Upon Notice to Proceed, we anticipate completing the Contract Docu- ments within a thirty day period. A thirty day construction sche- dule should prove adequate for the proposed work. We look forward to the opportunity of working with the City Council in developing a cost effective, well designed memorial park. L I 1 } L 3:w11'7'i'men vincent giI' tol , architect 130 trading bay road, -suite 330 kenai, alaska 99611 907 283.77-32 August 13, 1986 ! i City of Kenai 210 Pidalgo Kenai, AK 99611 Attentions Keith Kornelis, Director Public works Department Dear Keith: Enclosed is our proposal package for the Kenai Memorial Park with changes as specified in the Memorial Park Committee minutes from the August 7th meeting. I Our proposal includes a cost budget and construction schedule, as well as a project description and preliminary design sketch of our proposal. We understand that $50,000 is available for this project and have planned accordingly. We forsee the Memorial Park as having many uses, all of which add beneficially to the community. Project team members who will be intimately involved with the Memorial Park include myself, a Registered Architect and 8 year resident of Kenai= Suzanne Little, Landscape Architect; the support staff, and Wince/Corthel 1/Bryson Engineers. Our entire technical staff is composed of highly trained and experienced personnel. We are excited about the project and believe that it is a needed addition to the community. Sincerely, ca n vinrent gintoli, architect w Carmen V. Gintoli CUG/bd L L J t � - 4 f 1 a 1 t CORRW arm OONSIDERATIONS The site, located between the Spur Highway, the Frontage Road, Ryans Drive and Lake Street in Kenai, houses a myriad of utility systems including: f 1) High pressure gas mains 2) FAA Buildingr housing main telephone trunks from Alascom, Glacier State and FAA; 44 3) Overhead electric linesi 4) Sewer lines for runoffs and Y" 5) Water main. The cost of relocating these utilities would be prohibitively high. It is our recommendation therefore that the portion of the site where most of the utilities are located remain undeveloped. Possibly a row of trees around the perimeter of, the utility zone could effectively screen the zone. pESIGN DOPICEPT , 00h plant no cold headstone for me but rather plant a sapling tree ... M Oscar Brown Jr. We visualize the site as a town focal point that would appear inviting when entering Kenai. The park could be used as a town gathering place in the summer. The garden is designed using the concept of the old town square. A gazebo in the center with benches around it creates a lovely place to linger and view the garden. The optional fountain could lend greatly to the garden by its accompanying sound of falling i water. d DWIGN DESCRIPTION 8j= will give a detailed layout of proposed plant 1. � Planting j species locations. Each plant will be chosen for its location to maximize its longevity as well as to provide form and color to the landscape. 2. Compacted Gravel WalkwWs are contained with benderboard edging. -- desigqned so that visitors will feel invited to stroll among the folliage. 3. B Gazebo with a ramp serves as the focal point of the garden and has seating around it. .j; 4. MtD Summer Accent Gardens are located at the two entrances to the park for brightly colored annuals and perennials which could be 1h �i nstal led annually on Memorial Day. r: i• n i - 1 g. Retain Existing LAW except where paths and Gazebo pad are located in order to cut cost and provide a completed appearance as soon as possible. 6. fiJ= identifying the park will be placed at the entrances and on the Gazebo. 7. Plaguee will be designed for placement on dedicated plants. B. Plants will be used to screen utilities on the site. 9. A site for a Fla= will be included. 10. Flower agft (not including two summer accent gardens) have been designed. Two of the beds could be used as the fountain site. If the optional fountain is decided upon, it should be installed when the park is constructed -so as to avoid digging for the water line after construction of the park. 11. Allowance for trash containers has been made. They will be placed near the Gazebo. 12. Parking is provided for by moving the centerline of the frontage road to and adding a parking lane. Note: One requested item, the barrier for 3-wheelers, was not included in our proposal. This could be accomplished by surrounding the site with landscape timber cribbing or fencing, with styles at the entrance points. Projected cost for such barriers around the site proved to be prohibitively high. It is suggested that this item could be donated for the site. 2 L &_a- K IN t. I I I •i i - _-Ti . .1t 7 ! 't r. _ a k I , • I COST ESTIMATB BASED ON PRELIMINARY SRETCE1 A. D-1 Compacted Gravel Walks with donated bender board edging (3 feet wide) $ 14,600.00 •i B. Gazebo with ramp $ 20,000.00 ! t C. Optional Fountain Fountain basin, pump, light, nozzle (3' spray zone) river rock, treated 10 x 1018 - S feet long $ 3,000.00 D. Signs $ 1,000.00 E. Benches $ 2,000.00 •F. Trash Containers S 500.00 TOTAL $ 41,100.00 10% Contingency S 4.110.00 $ 45,210.00 A & E Fee S 3.790.00 $ 49,000.00 Inspection $ 1,000.00 TOTAL PRWECT COST $ 50,000.00 SCHEDULE K Assume Council Approval of Proposal August 20 1 Begin Sitework &Gazebo Drawings August 21 - ,i Complete Sitework & Gazebo Drawings August 30 's i Advertise for Bids for Sitework & Gazebo . . . . September S Bids Due for Sitework & Gazebo September 19 Contract Awarded for Sitework & Gazebo . . . . . . . . September 26 'Work Completed on Siteowrk & Gazebo October 17* H. {' *depending on weather i **Begin Planting Plan Drawings . . September 22 Complete Planting Plan Drawings . . . October 31 **Since planting will not be done until 19871 we feel the planting plan should not take time away from completing the drawings for work which could be completed this year. Suggested by: Administration CITY OF KENAI RESOLUTION NO. 86-77 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR ARCHITECTURAL DESIGN AND INSPECTION SERVICES TO CARMEN VINCENT GINTOLI, ARCHITECT FOR THE PROJECT ENTITLED "EASTERN ENTRY TRIANGLE" FOR A NOT -TO -EXCEED AMOUNT OF $4,790.00. WHEREAS, the City of Kenai received proposals from the following firms: William A. Kluge do Associates Carmen Vincent Gintoli, Architect and, WHEREAS, the Council of the City of Kenai feels that it is in the best interest of the City of Kenai to award this project to Carmen Vincent Gintoli, Architect; and, WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded for architectural design and inspection services to Carmen Vincent Gintoli, Architect, for the project entitled "Eastern Entry Triangle" for a not -to -exceed amount of $4,790.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of August, 1986. Tom Wagoner, Mayor ATTEST: Janet Whelan, City Clerk Approved by Finances Approved by Public Works: _6 L L R t Ss� . ��..., ..._. ..._.. of s Y �9 1 �1 _ 3 i CITY 4F KENAI "Od Car" 4 4" 210 FIDALOO KENAI, ALASKA M11 TELEPHONE 283. M5 MEMORANDUM TO: Kenai City Council FROM: Janet Loper, Planning Specialist SUBJECT: Resolution 86-77: Awarding Contract - Eastern Entry Triangle DATE: August 19, 1986 The Memorial Park Committee met August 19th for the purpose of reviewing the proposals submitted by Mr. Gintoli and Mr. Kluge. The Committee has recommended Mr. Gintoli. The Committee further made the recommendation that the park be named the Leif Hansen Memorial Park. Details of the review and recommendations are in the attached unapproved minutes of that meeting. L . ' KENAI MEMORIAL PARK COMMITTEE August 19, 1986 - 12s00 PM Mr. D's Restaraunt i Tim Wisniewski, Chairman 9 1. 2. 3. 4. ROLL CALL Presents Bailie, Dr. Hansen, Mrs. Hansen, Porter, Sheldon, Wisniewski Absent: Monfor (excused) Also Present: Dick Hultberg, Chairman and Roger Siebert, Vice Chairman, Parks & Rec Commission APPROVAL OF AGENDA No agenda used - one item for discussion APPROVAL OF MINUTES of August 7, 1986 OLD BUSINESS a. Discussion: Recommendation for Award of RFP for Memorial Park Pro sect At the last meeting, the Committee requested several items be included or deleted from the RFP and the architects submit proposals by Friday, August 15th. This meeting is to discuss and make that recommendation to the Council. The concrete walkways were discussed. Mr. Kluge had indicated that if federal funding were to be used that concrete walkways were required. The Committee questioned how much walkway would be included for the prices given and perhaps eliminating some of the walkways to include only paths leading from Frontage Rd and Spur Hwy to the gazebo, or to use asphalt. The. Committee next discussed dirt work. One proposal did not indicate dirt work at all. The Committee will request of Mr. Kornelis estimates on how much fill could be used in the low area adjacent to Ryan's Way. Also, how much of the dirt work would the City crews (at a time when not busy with other projects) be able to perform. The Committee agreed that hydroseeding probably would not be necessary as the green areas are sufficient at this time. The Committee asked Mr. Hultberg and Mr. Siebert for input on the maintenance aspects of the plans thus far. Mr. Hultberg asked for what additional maintenance the park would incur. Answer: additional terin of trees, additional trash pickup and additional flower wa q � beds, but no additional mowing as trees, flower beds, and gazebo would ; 1� I r , �j MEMORIAL PARK COMMITTEE August 19, 1986 Page 2 remove some grass areas. Dick Hultberg asked, as the dirt work appeared to be the major difference in price, did each architect know i whether the City would be doing the work. It was not ascertained. Mr. Hultberg voiced concern over the possible vandalism particularly to the plaques. Pat Porter explained that the plaques would probably be made of a material other than the brass and would be implanted in the ground for easy mowing and would be much harder to vandalize. NOTE: Mayor Wagoner joined the meeting The Committee discussed the signage indicated on the proposals and decided that this would be an issue after the proposal is awarded. MOTION: Committee Member Sheldon moved to accept Mr. Gintoli's proposal not as stands, but with further additions or corrections, and recommend this to the City Council, seconded by Committee Member K. Hansen ; VOTE: Motion passed unanimously The Committee discussed the meeting with Mr. Gintoli, following the schedule submitted. Mayor Wagoner stated that he had had several meetiags with the Labor Union, Operating Engineers and Teamsters Union and all those groups are looking for areas that they could become involved in around the community and they should be contacted. S. NEW BUSINESS At the last meeting, the Committee discussed the naming of the park, however, nothing formal was done. Sally Bailie stated that she has had a very positive response to naming the park Leif Hansen Memorial Park. Mayor Wagoner agreed, staging that while the general policy is not name anything after a person, however, in this case, the name is appropriate and he would support it. The Committee agreed. MOTION: Committee Member Sheldon moved to recommend naming the park the Leif Hansen Memorial Park, seconded by Sally Bailie VOTE: Motion passed unanimously L. I L s 4, } �._ 7 3 r 1 }' f ' a MEMORIAL PARK COMMITTEE August 19, 1996 Page 3 6. COMMITTEE COMMENTS do QUESTIONS Dr. Hansen informed the Committee that many contributions were coming in nearly every day to the Leif Hansen Memorial Park. These contributions are not only in money but people who ask whet they can do and along the lines of volunteer help, this is where we can make use of these resources. Some of these funds and help could be used for the fountain or the sign as well as the trees and plaques.-, 7. ADJOURNMENT There being no further discussion, the meeting was adjourned. The next meeting will be Tuesday, August 26, at 12:00 PM at Mr. D's Restaurant and will be combined with the Beautification Committee and the Parks do Rec Commission members. Janet A. Loper, Planning Specialist Secretary to the Committee L �1 1 J _ G-5op Suggested by: Administration CITY OF KENAI RESOLUTION NO. 86-80 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO QUITCLAIM TRACT 8, FBO SUBDIVISION NO. 3, ACCORDING TO PLAT #84-198, KENAI RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA, TO THE HOMER ELECTRIC ASSOCIATION, INC. WHEREAS, conveyance of Tract B, FBO Subdivision No. 3 (hereinafter "property") to Homer Electric Association, would encourage new industrial enteTprises within the City; and, WHEREAS, such conveyance would further increase the economic stability of the City of Kenai by providing jobs for local c residents both within the HEA corporation and in outside service - related industries; and, WHEREAS, it is the desire of the Council to convey the land to HEA provided HEA begins construction on or before October 1, 1965 and that it is also the desire of the Council to: Have the City re-enter the property and reclaim it should construction fail; reserve an airspace for passage of air traffic; and limit heights of buildings on the property; and, WHEREAS, the Council has not previously provided for the t quitclaiming of the property by resolution as required by KMC 22.05.025 but directed the administration to proceed with the quitclaiming of the property and it is now necessary to formalize the direction to administration by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager of the City of Kenai is hereby authorized to sign an amended quitclaim deed conveying Tract B, FBO Subdivision No. 3, according to Plat H 84-198 subject to the following provisions which shall be contained in the quitclaim deed: - - -.. A. The deed is to be made on the condition that the } property granted is to be used as a site for the construction and -- -"- maintenance of a district service center facility of Homer Electric Association, Inc., and all other purposes reasonably related thereto. If the property ceases to be used for such purposes, or if construction of the facility does not commence on 1 L A 1? U J i or before October 1, 1985, and thereafter diligently prosecuted to completion, the City of Kenai, or its successors or assigns may enter the premises and such re-entry shall divest Homer Electric Association, inc. of all right, title and interest in the property; provided, however, that at any time prior to such re-entry, Homer Electric Association shall have the right to purchase the reversionary interest from the City of Kenai for an amount equal to the then fair market value of the fee simple interest in the real estate exclusive of improvements. B. The City of Kenai shall reserve unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the property, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for 'landing on, taking off from of operating on Kenai Municipal Airport. C. HEA shall expressly agree for itself, its successors and, t assigns to restrict the height of structures, objects of natural growth and other obstructions on the property to a height of not more than 242 feet above mean sea level. D. HEA shall expressly agree for itself, its successors and assigns to prevent any use of the property which would interfere with landing or taking off of aircraft at the Kenai Municipal Airport, or otherwise constitute an airport hazard. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of August, 1986. ATTEST: Janet Whe an, City Clerk I Tom Wagoner, Mayor 7 F C Suggented by: Adminiutration. RESOLUTION NO. 86-01 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR ENGINEERING DESIGN SERVICES TO WM. J. NELSON & ASSOCIATES FOR THE PROJECT ENTITLED "KENAITZE COURT" FOR A NOT - TO -EXCEED AMOUNT OF $2,000.00. WHEREAS, the City of Kenai received proposals from the following firms: Wm. J. Nelson & Associates McLane & Associates Wince-Corthell-Bryson Mike Tauriainen, P.E. WHEREAS, the Public Works Department feels that it is in the best interest of the City of Kenai to award this project to Wm. J. Nelson & Associates, and WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded for Engineering Design Services , to Wm. J. Nelson & Associates for the project entitled "Kensitze Court" for a not -to -exceed amount of $2,000.00. l PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of August, 1986. j Janet Whelan, City Clerk Approved by Finance: Written by Public Works: OM WAGONER, MAYOR M CITY OF KENAI eapd4l 4 4"" 210FIDALOO KENAI,ALASKA 99611 TELEPHONE 283.7636 MEMORANDUM TO: Kei-th Kornells,- Public Works Director FROM: Jack LaShot, City Engineer 9� DATE: August 15, 1986 SUBJECT: KENAITZE COURT REDESIGN We have received proposals from the following firms interested in redesigning Kenaitze Court: FIRM FEE Wm. J. Nelson & Associates $2,000.00 McLane 6 Associates 3,500.00 Wince-Corthell-Bryson 5,720.00 Mike Tauriainen, P.E. 6,960.00 The proposals will be included in the packet for the August Y0, 1986, Council meeting. Bill Nelson has submitted the lowest fee estimate for engineering. This fee represents a very minimal design effort and assumes no surveying or soils testing wZlbe needed. I do not think soils work will be needed, but to not at least check as -built grades may be asouming too much. Also, Bill estimates $8,000 - $12,000 for construction. I do not think this figure will cover the actual construction costa, which may exceed $30,000. It appears that enough money remains in the project budget for the engineering and possibly for construction, however, until the present project is closed out, we will not know for certain. The resolution will read Wm. J. Nelson & Associates to perform the redesign, however, should the Council desire more extensive work than planned with Mr. Nelson's proposal, I would recommend McLane de Associates for the work. JL/sw L J 19 I I is I _ •. ~ '1 Wm. d Nels( 21B FIDALGO, SUITE 204 August 14, 19e6 Jack LaShot City of Kenai 210 Fidalgo St. Kenai, AK 99611 KENAI. ALAGKA 99011 CONSULTING ENGINEERS STPUCTURAL / CIVIL / PLANNING (�JUi(283-35E33 RE: KENAITZE COURT Dear Mr. LaShot: In response to your request for proposals and design alterna- tives, I offer the following for your consideration. _ Kenaitze Court is currently 28 feet wide. Since it is a Cul-de-, Sac serving only six lots on one end, the width could safely be reduced to 24 feet shoulder to shoulder. Several City improved streets throughout town already meet this standard. Secondly, it is possible to taper the ditch depth to zero at the top of the hill since water will not accumulate at the hill top. If the street is narrowed and if a variable ditch depth is pro- vided, the road could be lowered approximately 3 feet at the hill near Station 21+25 and consequently the road could be lowered nearly to pre -project grade at Station 23+00. The grade would be adjusted to match current grade at station 27+00, more or less. These changes would allow work to be confined to within the existing road prism without having to cut new back slopes, or having to relocate the cross culvert or drywell at Station 26+25. It is assumed that the project was built according to plans and that a resurvey or additional sails testing would not be neces- sary. Construction would consist of removing and stockpiling the Type I gravel, excavation and disposal of material required to lower the grade, lower driveway culverts and replace with 12 inch culverts, regrade driveways, grade tapered ditches and replacement of stockpiled Type I. L i is � M •� ,i j. Jack LaShot - August 14, 1986 '• Kenaitze R.F.P. - Page Two The construction cost would be between $8,000 and $12,000. It is assumed that-bonding.would not -be necessary. . Our cost for the re -design would be $2,900. ,:.. Sincerely, Wm. J. Nelson &Associates -- J. Nelson, P.E. ty Principal ` '... ; WJN: bsg:..: i _ ' �• IA r L L MoLANa A66O0IAT89, INC.^ PROFESSIONAL ENGINEERS. SURVEYORS 6 PLANNERS M August 14, 1986 r - Mr. Keith Kornelis r ; Public Works Director ,. City of Kenai t 210- Fidalgo Street Kenai, Alaska 99611 RE: KENAITZE COURT R.F.P. McLane and Associates, inc. is, pleased to submit the following -proposal in response to the City of Kenai's R.F.P. dated, August 11, 1986, regarding redesign of Kenaitze Court. i I. PROJECT _TASK DESCRIPTION i Redesign of the Kenaitze Court roadway to eliminate driveway :f grade and drainage problems c.reated_by recent construction of an elevated_ road prism. II.' TASK/SCOPE OF WORK A. Preliminary Survey and Design } 1. Utilize_.gxisting soils information (additional test holes i-f required by the City will .be an additional $400/hole fee). 2. We assume existing plan data is fairly accurate, however, existing road grades will be verified with survey of centerine profile and ten (10)"random cross sections (on y._ driveways and hill area). Approximately 100 l.f. of 1 •• Strawberry Road will also be included. 3. Drawings to be redone and include: I a. Cover sheet with typical section. b. Plan and profile sheet. B. Review Preliminary Design }1 1. Meet with Public Works Department and local residents at City of Kenai. 3f 2. Plans delivered to local utility companies. P.O. BOX 466 9OLOOTNA. AK 99669 907-263-4219 L.r L 1 k i C. Final Design ; 1. Final drawings -to include one (1) set reproducible mylars. 2.__.Engineer to provide bid schedule with quantities and j special provisions only (additional reproduction, etc. to f be reimbursed at cost plus 10%). ` D. y Project -Design Schedule (Proposed) 1. Notice to Proceed August 25, 1986 2. Preliminary Submittal . . . . . . . September 10, 1906 ' 3. Final Submittal . . . . . . . . . . September 24, 1986 E. Preliminary Design Criteria 10 Require usable excavation and stockpiling of Type I and ;:....-Type_.Ill.material onsite. 2. Require Contractor to avoid damage to and save in -place: existing signage, CMP, and drywell at Sta. 26 + 25. _Y9 Lower grade ati intersection of Kenaitze and Strawberry and through -hill at Sta. 21 + 25. 4. Request temporary construction easements from property owners to allow back slopes to exceed R/W width in hill j area. III. FEE SCHEDULE 1. Engineer to provide above listed services for a lump sum of three thousand five hundred dollars ($3,500.00). 2. Additional work requested to be invoiced per attached rate schedule. _ IV. ESTIMATED CONSTRUCTION COST t' 1, Rework 800 1.f.-of roadway at $ 52.50/l.f. equals $42,000.00. If you have any questions concerning this proposal, please do not hesitate to call our office. I Sincerely, i S.A. am McLane, E.I.T. McLane and Associates, Inc. SAM/sm Attachments i L Technical-Personnel,_Survey Crew & Specialized Equipment, Fee Schedules Effective February 7, 1986 RATE II SCHEDULE Straight Time Overtime Description Per Hour Per Hour TECHNICAL PERSONNEL Professional Land Surveyor (LS) $ 70.00 $ N/A Professional Engineer (PE) 70.00 N/A Civil Engineer III (E3, E30) 60.00 "75.00 Civil Engineer II (E2, E20) 58.00 72.00 Civil Engineer I (El, E10) 52.00 66.00 Surveyor II (L2, L20) 58.00 72.00 Surveyor I (L1, L10) 52.00 '_ 66.00 Soil Technician (ST, STO) 48.00 62.00 Computer Technician (CT, CTO) 40.00 54.00 Engineering Technician (ET, ETO) 45.00 59.00 Draftsperson (D1, D10) ; . 38•.00 52.00 Clerical (81, Sio) 30.00 39.00 SURVEY FIELD CREWS, STANDARD Straight Overtime INCLUDES STANDARD EQUIPMENT Crew Man Crew 'Man Chief of Parties (F1, F10) 50.00 64.00 Field Crew, 2-person (F2, F20) 82.00 41.00 110.00 55.00 P eld Crew, 3-person (F3, F30) 117.00 39.00 159.00 53.00 Mld Crew, 4-person (F4, F40) 148.00 37.00 204.00 5i.00 SURVEY FIELD CREWS, -TITLE 36* (When Applicable) Straight Overtime INCLUDES STANDARD EQUIPMENT Crew Man Crew Man Field Crew, 1-person Am, CF10) 55.00 73.00 Field Crew, 2-person (CF2, CF20) 127.00 63.50 158.00 79.00 Field Crew, 3-person (CF3, CF30) 186.00 62.00 231.00 77.00 Field Crecy, 4-person _•_, _(CF4, C_F40)_ 244.00 61.00 304.-00 76.00 SUPPLEMENTARY INFORMATION The hourly rates are portal -to portal from McLane & Associates, Inc. locates at Mile 3.5 Kenai Spur Highway. Standard equipment shall be defined as all necessary Field Crew items including theodolites, electronic measuring equipment, auto -levels and Mobile FM Radios. Other available equipment not included in these hourly rates are listed on the Specialized Equipment Fee Schedule. Transportation and subsistance while away from Kenai when not provided by the client, are billed at the actual cost plus ten percent (10%) overhead. *The above rates are in accordance with the Department of Labor requirements per AS 36.05.010 and AS 36.05.030. Above rates include insurance coverage with limits of General Liability to $500,000.00, and Professional Liability to $1,000,000.00. Certificate of Insurance available upon request. L R Lr. i 41 i Photocopy, Per Copy S .15 Blue Line, Per Square Foot .35 i COMPUTER SYSTEMS D Hewlett Packard Model 85 (HP85) with 7580 A Plotter & Printer (COGO, Plotting & Earthwork *Software is included) - - ------•- it , y � w 7+ Fee 'Schedule for Specialized -Equipment Rates Effective February 7, 1986 - REPRODUCTION t - Hourly•Rate S 20.00 ,! MXSCELLANEOUS.EQUIPMENT Daily Rate s RaytheonAtecording Fathometer $ 30.00 i Uniflite Cabin Cruiser, 34' b Other Work Boats All -terrain Tracked Vehicle Bombardier Muskeg Tracked Vehicle i (8000 Lb.) Double Tracked Snow Machine f ; i A.T.C._ 200,_ with trailer Bombardier Muskeg with Acker Drill Unit* Upon Request 150.00 30.00 .._50.00 Per Hour $ 95.00 Mobilization for miscellaneous equipment will be quoted on a per -job basis. a - *This rate does not include expendables which are cost plus ten - - -- --ii percent (10%) overhead. L L �1 OR w�a 1 i ----- WIN.S�'- CONSULTING ENGINEERS r O son 1041 907 2834672 99611 CiM -of Kenai August 14, 1986 210 Fidalgo Street :- Kenai, Alaska 99611 Attention: Jack LaShot Subject: Request for Proposals Kenaitze Court Redsign „ Pursuant to your verbal and written request, we herewith submit this proposal for Engineering Design services with regard to the subject project. _ We have reviewed the existing project plans (which are assumed to represent the as -built situation), observed the project in the field, and discussed the- ,-'- Wroject with both the City Engineer and several property owners who were on - site at'the time of our visit. -- -- - - _- SCOPE OF DESIGN ANTICIPATED At this time we are proposing to reduce the grade on that portion of Kenaitze Court northwest of South Strawberry Road such that the summit vertical curve '• is lowered approximately 24" and the approximate prior existing grade is reestablished at the northwest end of the project. New.culverts (3) under driveways are proposed to be lowered. - Existing paved driveways (3) are proposed to be removed and repaved at a modified grade for about 40'# most of which is on private property. The project road is proposed to be narrowed to 24' total'width,•the typicai -' ditch"triodiflied' tb'18";"and -apecial-ditch'on the summit curve set-at-f,"-iW depth.-. - It lb"anticipated-that gravel will be stockpiled, sand excavated and then gravel replaced. SCHEDULE Notice of Award August 21 Notice to Proceed August 25 Surveying August 27-28 Preliminary Design September 3 Final Design September 12 Bidding or Negotiation September 18-October 2 Construction 1987 L L J r i; COST SUMMARY ! Construction Cost -Estimated' ,� Ty18,Gg0.00 Design: `! Survey _ $ 1,560.00 Design $ 4,160.00 $ 5,720.00 Project Management Construction Survey S 2,800.00 - Inspection S 6,000.00 :'r Testing $ 500.00 3 $ 9,300.00 w We appreciate the opportunity to submit this proposal. If you hav please contact our office at your earliest convenience. _ ... Very Truly Yours, ,• WINCE-CORTHELL-BRYSON s PHILIP W;-BRYSON,• P.E. c Encl: 1986 Fee Schedule a z L L F SCffEDULE OF PATES AND CHARGES FOR ENGINEERING SERVICES EFFECTIVE JANUARY 1, 1986- -ENGINEERItIG Engineer VII - Engineer V Engineer III Sr. Inspector t. Draftsman Typist (Reports and Specifications Only) CAD'System (in addition to operator) SURVEY Subcontract cost.plus; 10%. RATE PER HOUR Schedule A Schedule B 58.00 60.00 49.50 52.00 40.50 42*00 41.50 42.50 30.00 31.00 30.00 3l':OO 11.00 12.00 Additional Charges 1.**' Automobile travel for trips to points in excess of -five miles from office, at the rate of $0.35 per mile both ways. 2. Actual cost of airline, charter, train, bus or cab fare. or auto rental. 3. Actuak c6st"of subsistence and lodging. 4.* Actual cost of -long-distance telephone -calls, telegrams, freight and express charges, and postage other than ordinary first-class. S. Actual cost of materials required for the job and*used in surveying, printing and reproduction costs. 6. Actual cost of special tests and services for special consultants. To the total amount of Items 2 through 6 above, an amount of ten percent (10%) shall be added for administrative and overhead costs. Schedule A shall apply to all individual jobs for which the total time charged, during any four consecutive weeks, is 80 hours or more. Schedule B shall apply an all other work. M 7 130. oil GOLVOINA A•AUK nnnb^ CONSULTING ENGINEERS 29R an M k6 isu i m naune August 14v 1986 Jack-baShot City Ehgineer City of Kenai Box SOO Kenai. Alaska 99669 Subject: Proposal for Design Projectl Redesign of Kamitze Cburtr City of renai. Jack: design We are pleased to submit this proposal for engineeringVi -MLV wwo for the subject project in accordance with your REP dated August lit 1986. We propose to provide all survey, investigation and engineering desigrLservices required for the redesign of this project. Our staff pf . 13.: inftidpls includes engineers, technicians, draftsmen, computer programing and data processing personneL All design- work All --be -done in our Soldotna off ice. We will provide the City with complete professional services from initial investigation through final design and bid documents. Estimates for eacb phase of the work are outlined in the fee summary included in this proposal. we also providge. construction administration, inspection, construction survey and testing services. We are very familiar with the project area, have evaluated the scope of th& work, and foresee no. problem in meeting the City, s requirements and schedu ling As we understand them. We performed the quality control testing on this recent construction project and we are very familiar with it. Out proposal Includes the followings *Project: Scope *Proje& Approach *Key Personnelach Fa 'Project Schedule *Fee Summary 7 *Fee Schedule *Resunes We propose to perform, the work outlined in our proposal for a fee not to exceed $6,960.00 in accordance with the attached fee schedule. p all ; J p all ; J 1i I. is Keraitze Oburt Proposal August 14, 1986, Page 2 We look forward to. working with you on this project and appreciate the o rtuni to submit this r pp° tY proposal. We are available to discuss it in detail at your convenience. r Sincerely I Mike Tauriainen Mr/dj/4a '!7 Attachments 0 L L Kenaitze Court Proposal August 14, 1986, Page 3 Project Scope The -proposed project consists -of engineering design for the reconstruction of Kenai tze -Oiurt to ' elevations more appropriate for a residential street - Specifically, the re -construction is understood to consist of revising the as -constructed street grades, raising and/or lowering existing culverts, providing additional infiltration structures• '.. re -construction of existing driveway approaches and other minor work. It is our unch'rstanding that excavation of all unsuitable material was accomplished as part of the original construction project. The design work would logically divide into the following major phases: Data collection, survey Initial design meeting with city Preliminary design and cost estimate _. Preliminary design meeting with city and Kenaitze residents --- Final •design -and cosh estimate' Bid period We propose to provide all site irmestigation, surveying, drafting and engineering required for construction of these improvements. Our firm also offers full construction- administration services Project Approadb The project approach is variable and is not easily defined at this stage. of the work. With regard to the items identified in the REP to be addressed, we offer the following comments: Ditch depths In a residential area such as this, with large lots and limited runoff, ditches can be shallow. %be minimum depth of ditch will be defined by the driveway culvert diameter. A minimum of 6" and preferably 12" of cover should be placed over all driveway culverts The ditch could be eliminated at the high point of the road to reduce the required PM Driveway grades. Typically, short sections of driveway at 10% grade are not uncommon However, this issue is usually determined more by personal taste and convenience than by barriers imposed by short steep grades on driveways. Street elevation llhe street elevation relative to adjacent property in residential areas should approximate the existing terrain when possible to provide drainage from the property to the street Excessive height or depth can reduce the curb appeal of the property. L , Kenaitze Oourt Proposal August 14, 1986, Page 4 I --is-our understanding that. alternatives to re -construction and alternative designs should be evaluated One alternative construction method to use would be equipment rental/force account with an experienced field -representative. -We.will_ evaluate what we consider to - be: the -most appropriate alternatives and discuss them with. the City staff-&M— residents -at •tae-initial design meeting Our approach is based upon the City's August 11, 1986 Request for Proposals, discussion with City of Kenai Public Works staff, project site visits, local experience and previous firm experience with street and drainage design and construction projects. Data Collection Immediately after award of project we will initiate our data " Wllection phase and schedule the initial meeting with the City Public Works staff. This work will include obtaining original design and construction survey data and soils information. We cb not anticipate that any soils investigation will be required Design survey work will include collection of cross sectional and topograghic data necessary to accurately identify locations on the Drawing& As part of the survey process, we will locate each existing building and approach and obtain a first floor slab elevations and driveway profile to insure a compatible and economical street redesign. A thorough review of the previous design and construction project documents will be made to insure compatibility with previously completed work (such as relocated utility lines). Initial design meeting with City. We will meet with the Public Works staff to gain a firm understanding of the intent of the City in the reconstruction of this street It may be advantages to schedule this initial meeting at a time that is conveinient for attendance by the affected property owners. It Preliminary design and preliminary cost estimate. Input gathered at the preliminary meeting will be used to formulate the design At the present time determination of whether all of Kenaitze must be re- designed can not be made. We expect that at least a portion of the existing road is suitable. Preliminary design mee'Ung with the city and Kenaitze residents. We anticipate that public relations and public input into this design is a major concern. We propose to meet with the residents and discuss the potential impacts the proposed project will have on their property. We will also discuss tech nicial issues with the city staff regarding bidding, Specification and Drawing requirenents. Final design and cost estimate. Based on the conclusions drawn from the preliminary design meeting, we will prepare final bid documents. I A I 4 i YI A Kenaitze court Proposal August 14, 1986, Page 5 Bid phase. Bid phase will include responding to questions, attendance - - at the -pre -bid and preconstruction eDn€erenees and attendance and addenda if applicable. We will design the storm drainage facilities using the October, 1982 "Kenai Drainage Stucky" as a guideline.:. - it is understood that drainage will be provided by a ditch and culvert system with infiltration structurerss As an aternative, storm drainage may be appropriately run to the muskeg area to the south of the project. Street embankment sections will be designed in accordance with current State of Alaska, standards and in accordance with projected future development and improvements. Special problems associated with this project include: Design of road within WW constraints _ . -. Drainage ..__. _ __.. _ . -Driveway approaches - -Eeonaaieal`56e/salvage"cf inplace materials. Out frown has footdesign -ei4neecs available .to workon this project. Based on the final 'design" completion date of September 15, 1986. we estimate that an equivalent of one engineer/technician full-time will be required ley Personnel - Mike Tauriainen,' 'RE., consulting Engineers, with offices located in Soldotna, will serve as .prime consultant. for this .project. Northern Test Iab, an 'affiliated firm will perform any necessary soils or lab testing OepLes of resumes of individuals available to work on this project are attached... M. �Y pereonnel and project assignment includes: - .- Mike 9huriainen► P. E. Project Manager Usponsible for overall project management. David Johnson, P.E., Project Engineer Responsible for overall project design and coordination Steve Godes, Design Technician In charge of field and lab testing of soils, assist with project design. Project Schedule Allowance has been made in our schedule for coordination and review with utilities during the preliminary design phase f } Kenaitze blurt Proposal August 14, 1986, Page 6 Periodic informal -reviews with' the-Ci ty are planned to permit a smooth design process:with sufficient opportunity *for city input. A major �.. ►-to- the successful-caaign and constmetiort-of our projects is a )rough in-house rwLefi prior "u-advertisement. schedule has been developed to complete this project, including all *Mry engineering dluvey -and design through final• plans and 9ding documents by September 15, 1986. 7 his schedule is based upon 4otiee to Proceed by August 21, 1986. Begin Survey and data collection August 25, 1986 Initial Meeting August 22, 1986 Begin Prelimimry Design August 27, 1986 - Preliminary Design Meeting September 8, 1986 Oumplete Final-Desigh - September 15, 1986 'Advertise - _ - _: September 15, •1986 Receive Bids September 26, 1986 Begin Oonstruction -- -- October 1, 1986 --Probable Winter Shutdown Late October, 1986 Lb above schedule is optimistic regarding completion of the project. Ls should -allow -completion 'of host-bf -the earthwork this season. If eeze up occurs earlier than normal, shut down would also be earlier. L. Stmmacy sed on our understanding of the scope of the work as outlined in Ls proposal, we will- perform all neeessacy survey and design rviees for design of" this project in accordance with the tacked fee schedule for a fee not to exceed $6,960.00. e -CL-ty- will make available for -our-use all existing record formation, control--&ta and any other related data, studies and Ports* - - estimate our fee for profession]. services will be approximately as ucws: Data Gathering and Engineering Survey S 750 Initial Design Meeting 300 Preliminary Design 2,310 Preliminary Design Meeting 300 Final Design 2,550 Bid Phase- 550 Misc. Expenses 200 Total Fee Not to-Exoeed 06,960 Oonstruction Bid Documents @ $30/set. til the design is complete, construction costs are difficult to �sess, we estimate the construction costs to be in the range of 0,000 to $60,000 depending on the scope of the reconstruction, L.. Er i u r f L, i ;t LL Mik .E. RTCHASL J. TAURIAVEi: i Education B.S., Civil Engineering, University of Alaska, 1967 M.S., Arctic Engineering, University of Alaska, 1972 f Professional Registration Registered Professional Engireer (Civil) , Alaska Certified Construction Specifier, Construction Specifications Institute Professional Affiliation American Socieity of Civil Engineers National Society of Professional Engineers Construction Specifications Institute _International. Conferenoe of Building Cfficials Professional HistosT . 1980 - Present Northern Test Lab, Partner and Principal Engineer, Soldotna, Alaska Construction and quality control testing of soils, concrete,. and asphalt. Soils investigations, construction inspection. 1978 - Present Mike Tauriainen, P.E., Consulting Engineer, Soldotna, Alaska. General civil engineering - soils and site investigations, water and sewer systems, streets, roads, building and structural design, arctic engineering, construction inspection 1973 - 1978 Borough Engineer, Kenai Peninsula Borough, 99-a tna, . Alaska. " Predation of " _pf aes, spe cif i®ti ons, and cost estimate6 €ci buildings, • roads►. and solid waste sites; review of engineering and arc)iitedtaral plans; review and inspection of construction; preparation of progress reports, cost analyses, and other reports• _ - 1973 Mike. Tausiainan, -XL, Consulting Engineer, 'Opirbanks, Alaska. General civil engineering, arctic engineering, sea -ice engineering, environmental assessment, subdivision design and 'survey. 1972 - 1973 Engineer, Institute of Arctic Environmental Engineering, University of Alaska, Fairbanks, Alaska. Applied ' engineering research oriented to arctic and sub -arctic problems - - -- ---- Field and laboratory research development and application of sensors to measure stress and strain in arctic sea ice. 1970 - 1973 Editor, VE NORVEM MGINEER An engineering Journal, published quarterly by the Institute of Arctic Err,rironmental Engineering focusing on northern related engineering and technology. } L L L It ' 1 -I 1971 -.1972 -Graduate Research -Assistant, Institute of Arctic Environmental Engineering, Univer-ity'-of Alaska, Fairbankn, Alaska. Half-time -on project to -develop equipment and measure stress- and strain of sea ice; half-time on M. S degree in Arctic Engineering. - 1969-1971. Assistant Engineer, Institute of Arctic Environmental Engineering University of Alaska, Fairbanks, Alaska. Applied research in engineering problems of the arctic and sub -arctic. Major area of research in sea ice. 1967 - 1969 Mechanical Engineer, Shell Oil Company, Bakersfield, California Planning through construction of oilfield primary and secondary production, handling, and treating facilities. 1966 Summer Highway Engineering Technician 1% State of Alaska, Department of highways, . Kenai, Alaska. Ran State project materials lab on grading, drainage and paving project. • P&licetions ' - - Tauriairnn,..M.a (1969) Surface ice conditions in the vicinity of Prudhoe Bay, Alaska Institute of Arctic Environmental Engineering (unpublished report to Bell Aeorsystens Company). 98uriainen, M. J. (1970) Port Clarence Sea ice testing. The Northern Engineer, Vol. 2 No. 2, pp 8-9. Tauriainen, M. J. (1971) Sea ice testing; new techniques and equipment .for cwitilever -beam tests. Institute of Arctic Environmental Engineering, -Bulletin.7101. Johnson, P. R and Tauriainen, M. J. (1971) Storage of winter natural refrigeration for summer use, utilizing partially frozen brines.. In Proceedings -of the 22nd Alaska Science: Conference (abstracts)-p..61; Institute of Arctic Environmental - Engineering, Paper 7101. Johnson, P. R and Tauriainen, M. J. (1971) Initial use of a large capacity freezer in an Eskimo Village In Proceedings of the 22nd Alaska Science Conference (abstracts), p 139; Institute of Arctic Environmental Engineering. Paper 7102. Tauriairen, M. J. (1972) Flexural strength of late spring sea ice, in situ. Institute of Arctic Environmental Engineering, Report 7205. Nelson, R D. Tauriainen, M. J. and Borghorst, J. (1973) Techniques for measuring stress in sea ice. Institute of Arctic Environmental Engineering, final report to Sea Grant Program. L Mire . .E. i DAVID E. JCHNSCN . Education ; 1 !i Associates of Arts. Anoka Ramsey Comnuntiy College, Minnesota 1974 B.S., Civil Engineering, University of Minnesota, 1976 `. Professional Registration Registered Professional Engineer (Civil), Minnesota . Registered Professional Engineer (Civil), Alaska ( Professional Affiliation American Society of Civil Engineers National_ Society of Professional Engineers Y + Professional History 1982 - Present Project Engineer, Northern Test Lab, Soldotna, Alaska. General civil engineering design, steel inspection, ii materials inspection construction inspection and administration, report preparation. ' 1982 - Present Project Engineer; Mike Tauriainen, P.E., Consulting Engineers, Soldotna, Alaska. General civil engineering design, public works facilities, water, sewer, drainage road and 9 street design, construction administration, report preparation. 1976 - 1982 Design Engineer/City Consultant Engineer, Toltz, ? King, Duvall, Anderson and Associate Engineers & Architects, St. Paul, Minnesota. Responsible for plan and specification preparation for municipal sanitary sever, water main streets and storm drainage systems, plot and plan review. Preparation of - Public Works studies, reports and master plans. Served as consultant city engineer, City of St. Francis, Minnesota, City of North Branch, Minnesota and served as township engineer Columbus Township, Minnesota. Also served as resident engineer/resident �. inspector for numerous municipal improvement projects throughout i the state of Minnesota. 1975 Resident inspector, Schoell and Madson, Consulting Engineers, Hopkins, Minnesota. Responsibilities included inspection of municipal sewer and water construction. Mik .E. SrOM L. (BODES _ Education - .. . North Seattle Community College, Structural Draf ting/Engineering Technologies Program 1980-81 University cf. HaHtaii, Givfl- Jhgineeripg Program 1983-present Professional History - Y: 1981 - Present Technician, Assistant Lab Supervisor, Northern Test Lab, Soldotna, Alaska Field and laboratory testing of materials= construction inspection and testingi environmental samplings certified technician, nuclear density meter. 1981 --Present Draftsman/Design Technician, Mike Tauriainen, -RE.,. Consulting Engineers,. Solcbtna, Alaska Layout and drafting of various civil engineering projects -roads, streetse water/sewer facilities, foundations, structures= computation and checking of design quantities; inspection of engineering projects .including building and unnderground construction. Engineering f surveying. _. :. • 1978 Maintenance Man, City of Soldotna, Maintenance Department. Responsibilities included inspection and installation of water and sewer services, locating underground facilities, understanding of City utility systemsf sewage treatment plant operator; equipment_ operator. . 1976 - 1978 State of Alaska, Department of Natural Resources, 4, Division of Lands and Water Management, Forestry Technician II. Lam... L 7 —I I OOx 9,' sman.a• AL MIrM•� CQNSUL..TING FNI�INE�RR •:+O:r. nnan Mir,&e uaursaunen.R.E. Principal Engineer Engineer I Encdneer II L%Igineer III Engineer IV Technician I Technician II Technician III Technician IV Draftsman I Draftsman II Secretary I Secretary II Cw.puter $84/hr. 72/hr. 6]/ hr. 54/h". 48/hr. 54/hr. 45/ hr. 33/hr. 29/hr. 3p/hr. 29/hr. 32/hr. 2 4/hr. 10/hr. M Travel in co =piny vehicles at $ .45/mil e Field vehicle daily rate $35/day plus $ 25/mile Company Aircraft (Cessna 172) $48/hour Job incurred expenses will be billed at 11 times the actual expenses and inclu cb but are not 1 i>:.ited tos reproduction sutsistence eonmercial transportation toll calls materials Unless previous arrang:ments have been made, all statement amounts are due and payable within 30 days. Outstanding accounts after 30 days fro�l the sate of original billing will be charcpd intere=: at the rate of 1 1/2% per month and will be retrcactive to the care of the original bil::: g. r� 1 G Suggested by: Administrati RESOLUTION NO. 86-82 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWAI THE BID FOR A CARGO VAN TO PENINSULA FORD, INC. FOR THE TOTAL OF $13,210.00. WHEREAS, the City of Kenai received bids from the following firms: BIDDER BID PRICE ADDITIVE ALTERNA' Hutchings Chevrolet $12,082.00 No Alternate Craycroft Chrysler $12,411.94 Will Add at Deali Ce9t Peninsula Ford Inc. $13,210.00 $ 685.00 WHEREAS, the bids of Hutchings Chevrolet and Craycroft Chrysll not entirely meet specifications, and WHEREAS, the Public Works Department feels that it is in the interest of the City of Kenai to award this bid to Peninsula Ford, Inc., and WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALASKA, that a bid be awarded for a Cargo Van to Peninsula Fo Inc. for the total amount of $13,210.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th August, 1986. ATTEST: Janet Whelan, My Clerk Approved by Finances C2 Written by Public Works: —A- L TOM WAGONER, MAYOR FLOAT PLANE BASIN �r FUNDS AVAILABLE ` FAA -Alp: - FY 84 $ 486,704 �. FY 85 606,259 FY 86 628,210 FY 87 596,800 Total AIP Available ;4 Scheduled for: Masterplan Update 70,313 i GAA, Safety zone, etc. 606,_328 Balance of AIP ' State Crnnt; Balance after Ramp Ext. 760,000 City/State Share of GAA, safety zone, etc. < 44,000 ;. Vehicle Parking < 34,525> ' Taxiway widening S paving < 189,653> Balance of State Grant fi Airport Funds: Est mated Fund Balance, 6-30-86 2,300,000 j July approp. for Floatplane Basin design 6 land < 270,000> Balance of Airport Funds ' Total Available Funds e FLOAT PLANE BASIN COSTS 1984 coat estimates, excluding ';- 2 disposal alternates 4,447,200 Less land approp. from Airport Land Fund $< 160,000 Net Cost Unavailable Amount NOTES It 1987 is last Alp Money. There is no legislation t 2) Land cost is only a guess; could be much more. j 3) These are 1984 prices. 4) State may freeze their grant. 4 5) If this project is done, it will use all of our available Federal, State, and local Airport Funds, and still not '6e enough. -""- - - "-- - 6) This proposed expenditure of some $4.2 million is one of the largest the City has ever made, and it has not had any sort of benefit analysis. -� 7) The Administration believes that there will be a net operating lose each I year on the facility. 8) There are other badly needed airport improvements for which this money could be spent: (a) Renovate FSS area of Terminal Building; (b) Resurface ' taxiways; (c) Upgrade runway/taxiway lighting system; (d) Extend parallel is taxiway to end of runway; (e) Drainage and landscape work. i Suggested by: Administration CITY OF KENAI ` RESOLUTION NO. 86-83 •r A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF KENAI AT THE REGULAR ELECTION TO BE HELD IN THE CITY OF KENAI ON OCTOBER 7, 1986, A PROPOSITION FOR THE PURPOSE OF OBTAINING AN ADVISORY VOTE ON THE PROPOSED FLOAT PLANE BASIN. 11 -T_. WHEREAS, the Council of the City of Kenai has proposed a float plane basin be constructed in the City of Kenai; and, } -' WHEREAS, the Council of the City of Kenai desires to know the wishes of.the voters within the City in regard to this construction. { NOW, THEREFORE, BE IT RESOLVED.BY.THE COUNCIL OF.THE CITY OF •' KENAI, ALASKA, that the following proposition be submitted to the qualified voters of the City of Kenai at the October 7, 1986 election in substantially the same form set out below: i' PROPOSITION Shall the City of Kenai build and maintain a float plane r basin at the Kenai Municipal Airport, at an estimated - construction cost of between $3,000,000 and $4,000,000? i FOR THE PROPOSITION YES . i NO 4 t PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day a of August, 1986. a ATTEST: 3 Janet Whelan, City Clerk 1. 8/15/86 1 Tom Wagoner, Mayor L. L F A. 8. C. 0. D-/ AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 6, 1986 - 700 PM PLEDGE OF ALLEGIANCE ROLL CALL - 1. Agenda Approval 2. Consent Agenda *All items listed with 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. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) 1. Kevin Fenner, Kenai Peninsula Borough - Comprehensive Plan Revisions 2. Hal Smalley - Kensitze Tribal Center, Ames Rd. 3. Clarence Ladd - Beautification of Parks 4. Robert Salo - Reconstruction of Kensitze Ct. (See Kornelis Memo) PUBLIC HEARINGS 1. Ord. 1155-86 - Amending Kenai Municipal Code - Planning & Zoning a. Substitute Ord. 1155-86 2. Ord. 1156-86 - Amending Senior Citizen Budget - $327,289 3. Ord. 1157-86 - Increas. Rev/Appne - State Grant, Capital Improvement Project Funds - $8440000 4. Ord. 1158-86 - Amending Zoning Map - Baron Pk. S/D 5. Res. 86-73 - Transfer of Funds - Bond Counsel Fees - $3,000 6. Res. 86-74 - Transfer of Funds - Lawton Dr. Lift Station Power - $17,760 7. Res. 86-75 - Requesting Municipal Assistance from State 8. Res. 86-76 - Float Plane Basin Condemnation of Land a. Substitute #1 - Quick Take b. Substitute 02 - Slow Take 9. Transfer of Liquor License - Oaken Keg 10. Res. 86-77 - Awarding Spur Triangle Park MINUTES 1. *Regular Meeting, July 16, 1986 10 0 i IN E. CORRESPONDENCE 1. *Municipal League - Legislative Steering Committee .Meeting 2. *AK Dept. of Revenue - Fish Tax Shared Revenue 3. Chamber of Commerce - Recreation Boat Launch Ramp at , Kenai R. and View Sites at,Kenai,R;•Flats F. OLD BUSINESS 1. Contract Retainage G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ord. 1159-86 - Increas. Rev/Appns - Boating Facility - $1,000,000; Transfer of Funds --Boating Facility - '$ 324 , 622.41 . a. Disc. - Boating Facility 4. Change Order #3 - Zube'ck Inc. - M.A.P. Project - $8,365 5. Disc. - Street Lights s. New Street Lights b. Replacing Old Street Lights 6. Approval - Vacation, Sprucewood Glen S/D - Lowry do Partee 7. Disc. - Ron Yamamoto - Lease Extension - Gusty S/D 8. Disc. - Ames Rd. - Kenaitze Tribe Zoning 9. *Ord. 1160-86 - Amending Kenai Municipal Code - Mandatory Water Connection do Abandonment of Old Wells H. REPORTS 1. City Manager 2. Attorney 3. Mayor 4. City Clerk 5. Finance Director 6., Planning 6 Zoning Commission 7. Harbor Commission B. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT I I b 1 KENAI CITY COUNCIL, REGULAR MEETING, MINUTES AUGUST 6, 1986, 7t00 PM KENAI CITY HALL MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Preeentt Tom Wagoner, Tom Ackerly, Sally Bailin, Jere Hell, Ray Measles, Chris Monfor, John Wise Absents None A-1 Agenda Approval a. Mayor Wagoner asked that Marian Davie be added under atom R-5, rognrdtng Letter from ratincil on Aginq b. Mayor Wagoner asked that Res. 86-78 - Transfer of Funds, Cook Inlet View/Lilac - distributed thie date, be added as item C-11. C. Mayor Wagoner asked that item G-6 be postponed. d. Mayor Wagoner asked that Change Order 61 - Cook Inlet View/Lilac - distributed this date, be added ee item C-12. Agenda was approved es amended. A-2 Consent Agenda MOTIONt Councilman Wise moved, seconded by Councilwoman Bettie, to approve the Consent Agenda se submitted. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Kevin Fenner, Kenai Peninsula Borough - Comprehensive Plan Revisions Kevin Fenner. The Borough is going to be closing the contract with CCC Architects. There are some problems with the contract. The Borough Planning Dept. will be continuing the project and the City can work with them. They will hold back some funds and transfer them to the City for printing. Beyond the original contract printing agreement, it will be City expense (100 copies, one -map) They will proceed with a new rite for the land fill, they are working on a new -esource development area on the west aide of Cook Inlet - primarily coal development. They will be working with the City Planning Dept. There will be a geographical Information plan and up -date of base maps at the Borough. The City will do the street names, water A sewer, population date, etc. The Mayor suggested a work session with the Borough Planning Dept., City PAZ and Council. Council agreed to have the work session after the October election, or some time in Sept. B-2 Hal Smalley - Kensitze Tribal Center, Ames Rd. Hal Smalley, 265 N. Amer, Kenai. He received additional Information this date. The land In question is allotment statue. PAZ hen been requesting this information since March. As a P62 Commissioner he wonted to be sure of this. Two people in the area are trying to sell their homes. There to a 12%-15% decrease in value because of contamination of water and the Center being in the area. As a resident of the area, he to concerned with the additional traffic. Commercial development next to residential development to bad. He asked Council to direct City Manager Brighton to send the letter included in the packet. Mayor Wagoner noted, regarding the reference to contamination. L .-- ._- - - -- 011 KENAI CITY COUNCIL AUGUST 6, 1966 Page 2 City ordinance requiree.all drilling muds be mixed and re-depoeltod in tanks, not pits. Mr. Smalley replied, this is material still in the ground. No action was taken by Council. 8-3 Clarence Ladd - Beautification of Parke Mr. Ladd woe unable to attend. 5-4 Robert Salo - Reconstruction of Kenaitze Ct. (See'Kornelis Memo) Robert Selo, 4510 Keneitze Ct., Kenai. He was speaking on behalf of the other residents. Council received a letter from them regarding solutions to the problem. They cannot choose options, any one option will not solve the problem. He lives at the end of the street, over the hill, he is not officially on the street. Hie driveway to steeper than before construction, it will be impossible in winter. He recommended all 5 items, this is a priority list, 01 is the highest priority. f Council agreed to discuss this later in the agenda (item f-2). B-5 Marion Davis - Letter from Council on Aging Marion Davis, Kenai. She received the letter from Council on Aging lost Saturday (8-2-86). No one will deny she to quick to speak. She hoe been attending Senior Citizen meetings since 1976. She and her husband have attended many meetings. She was upset in May 1986 when the Senior Center did not recognize their anniversary. In June 1986 she asked the Council to recognize the soldotna Senior Citizens. She was told it would not be developed, but found out later it was to be done. She was at the meeting when the letter was discussed, but was not allowed to discuss it. The Council on Aging dose not have powers to do what they have done. She and her husband had sent a letter to the Council on Aging that they would not attend Kenai meetings. Mayor Wagoner said he did not know the rules of conduct, he would like to see them first. He did not wish to enter into discussion till he reviewed them. Mrs. Davie asked if there could be a meeting to have It ironed out better than it ties been. Mayor Wagoner said hn would contact her. C. PUBLIC HEARINGS C-1 Ord. 1155-86 - Amending KMC - Planning h Zoning a. Substitute Ord. 1155-86 Councilmen Measles asked to review the changes in the substitute. Building Inspector Hackney explained, this went to P6Z, was amended, then to Council. Now there to a substitute. he did not know when this was done. Councilwoman Bailie asked that a memo be prepared for Council whenever a substitute ord. or ran. is submitted In the packet. P&Z Commissioner Bryson explained, the difference is the not back requiramonto, 150 ft. from center line on primary highways, 100 ft, on secondary highways. He explained, the staff had questions that are valid. they are going to talk to the State. The amendments nro deleted till this to handled. There will be no change from the present conditions. It to a 25 ft. set back now. On the highway 1t is s 150 ft. rot hnck. It would set name construction projects back 150 ft. to 175 ft. from their own property. Mr. Hackney said the set beck from the center line was never in zoning, the Borough put it in. He spoke to DOT, they thought there may be local regulations, but did not know. L b� i KENAI CITY COUNCIL AUGUST 6, 1986 Page 3 He asked, how con PAZ LaRue variancso to State regulations? Every time anyone wants a variance, it is granted. It to just another hurdle for the public. MOTIONS Councilman Measles moved, seconded by Councilwomen Monfor, to adopt the ordinance. MOTION, Tables Councilman Measles moved, seconded by Councilwoman Battle, to table action till the items have been reviewed by Planning 6 Zoning and Atty. Rogere, and come back with all questions answered. VOTE, Tablet Motion passed unanimously by roll cell vote. C-2 Ord. 1156-86 - Amending Senior Citizen Budget - $327,289 MOTIONt Councilwoman Monfor moved, seconded by Councilwomen Baille, to adopt the ordinance. There was no public comment. Mayor Wagoner asked, how much City and General Fund dollars were in the budget. Finance Director Brown answered, none. He added, the salary increase for Admin. Aset. Schubert woo grant money. Motion passed by unanimous consent. C-3 Ord. 1157-86 - Increae. Rev/Appne - State Grant, Capital Improvement Project Funds - $844,000 MOTIONt Councilwoman Monfor moved, seconded by Councilman Hall, to adopt the ordinance. Mayor Wagoner asked for the current statue on the State level of the $1.1 Million. City Menagpr Brighton replied, we have been told by phone we will get 1/3 the amount. He suggested we hold the ordinance In obevance till we get it in writing. Councilwoman Battle said a decision should be made regarding Barabsre. The people should know one way or the other. PUBLIC COMMENTS a. Joan Hatt, 1507 Bsrabers, Kenai. It to a dead end street, 1/4 + miles long, with approximately 11 families. it to well drained, wide enough for 2 care to pass. The City requires an emergency turnaround. The area in front of her house could fill the requiromento. It is a 12,000 sq. ft. lot, it was made small before the City was incorporated. The well would be in o ditch if the rood was improved. The road needs regular maintenance6 if improvements ore made, it will still be a dirt rood and will need maintenance. But they will have big ditchoe and no trees. She urged Council to delete Barabore from the list. b. Victor Hatt, 1507 Borabors, Kenai. He flaw down from Anchorage for thin mootinq. Baraboro is a pretty road. The speed limit to 25 MPH, there to no traffic problem. There is a lot of passing epece. He has lived there 9 I } KENAI CITY COUNCIL {i J AUGUST 6, 1986 ` Page 4 f _r { years with no problems. There are none at break-up. if the problem in access to Beaver Loop, we could thin the brush. The reel problem is maintenance. With Improvements it will atilt be gravel. Mr. Gi/ford's lot may be condemned because of the small site. If it has to be done, he suggested it be from his house on �. beck. If he had been a homesteader, he would give up { the rights to the road when he gave the -road to the City. He asked the City to keep Berebera as is. C. Gordon Gifford, 1509 Borobare, Kenai. He distributed a Petition in 1985, with an open letter to Council. He has no problem with the street. He had a fire of his house, the trucks had no problem. The only way he gets r road maintenance is to call City Manager Brighton. He asked the City to leave the street as is. He _ T distributed photon showing 3 care abreast In the norrowsiet part of Barebere. He requested Council drop Barebara from the ordinance. �i d. Henry Knocketedt, property owner on Berebera. Theta is j no need to improve the road beyond whet it is now. He t; was raised there. The road does not break up. He 1! recommended paving, curb, water 8 sewer. They have a . �. i{ grevel'roed now, why do the some thing4 a. Waldo Coyle, 1412 Berabore, Kenai. Last winter he dug t a drainage ditch 20 ft. to 25 ft. across from hie house so the mail boxes would not be in water. The road 1 needs improvementa, not loads of gravel but culver.ts for the water. Of the 2 people testifying this date, one represents 100 ft., the other - 200 ft. Loretta Breeden owns the rest. He has 1/2 mile on one side, { 350 ft. on the other. There are easements that were turned over for maintenance. The brush hoe been creeping in on the west aide. When the utilities were put on line to Cones, they left a spot in the road. He t put gravel in it, he did not ask the City. They had a good road. He has shoveled snow on the road. This work was recommended by Public Works staff. j i f. Loretta Breeden, 1602 Barebere, Kenai. She has lived . there 28 years. She would like to leave the road as { is. But if the City is going to do anything, put in f I the whole thing: water h sewer, paved streets. She } does not went it, but it would be better than ruining j --- f homes. This is a morel vs a legal problem. Hetts and I ' v i Giffords would have a problem. DEC said they could not --;s. have Clegg 0 8 C welle. The ditches would be a problem with the wells. There are 9 property owners on the road, 6 people have signed the petition. The measure between property owners and what is owned is close. The turnaround would ruin their property, so would ■ widening the road. She asked that Berebera be taken 71 i off the list till they can form an assessment ---- ... - --- i district. ?; g. Ruby Coyle, 1412 Barebere, Kenai. She distributed :a � copies of the subdivision map with s turnaround from ; ct -�-"- -" --.- - Kenai Peninsula Borough. She explained this wan to be built by the City. The subdivision covers 4 lots, one r j• hoe a triplex. The Borough subdivision ordinance says �i there has to be a turnaround before you can have a subdivision. Beaver Loop Rd. was built in 1952. The 6 Coyles had their road surveyed at that time. They built the road with ftiend'n help. It wee a good gravel rood when incorporated by the City. There was '` ..�.. an ordinance in 1960 regarding width of roads. The F �t. Coyles wanted to keep the road private, but In order t for people on the road to sell, there had to be a { �t dedicated street. There woo a 60 ft. right of way on '{ it. She asked that Council do something for people who k have paid taxes for many years. They have never anything except amall amounts of gravel for Areceived the road. Big ditches are not necessary. People E t t c o� i- KENAI CITY COUNCIL l AUGUST 6, 1986 f. Page 5 .I paying taxes that have not had any improvements deserve ' a mathing with no assessments. They gave more then 100 ft. (more than 1/2) of the right of way. They have a bigger say then anyone else. She asked if Chester ' Cone's letter (distributed this date) could be read into the record. g j MOTION, Amendments } " Councilwoman Bailie moved, seconded by Councilman Measles. to amend the ordinance to delete Barabera in the 3rd 'i WHEREAS. n j VOTE, Amendment (Failed): Yeas Bailie, Monfor No: Wagoner, Ackerly, Hell, Measles, Wise l ' ji Councilwoman Monfor noted the residents asked to have this removed in 1985. Why is it beck on? Public Works Director Kornelie explained, this was the study done by the street - crews. It is part of a list of roads that have trouble with snow removal, 5 roads that do not meet specs of gravel roeda. It does have some drainage problem. The City has not hauled any gravel this year for this road because it was on the list. If it is taken off the list, they will haul gravel and do some maintenance. Councilwoman Bailie sold _1 when it was put on the list, people asked that it be taken A of people have to the reed i responsibilitystosd Councilhe alone.ItjIsity listenetoethem, t There are other people that need it more. Councilman Wise noted we have real problems on other roads. He did not know why it had to be improved to City standards. It could be modified and do part of it. It should be done in accordance with neighborhood standards, not City standards. Mrs. Coyle asked if Mr. Cone's letter could be read into the record. s Mayor Wagoner replied, if anyone wants to read the letter, j they can contact the Clerk. Councilman Hall suggested taking a look at bringing it part way down. Councilwoman Beilie suggested, since we are going to be short of funds, could the City crews do the work. Public Works Director Kornelie said it is engineered, but they do not have the final drawings. They can be adjusted. Administration had y intended to wait till we got the State funds and then have public hearings to decide what to do with the amount available. Councilman Measles asked, how deep are the ditches and how much has the elevation been dhanged. Mr. Kornelie replied, the greatest change to 1 ft. lower In the road bed. The ditches are 1 ft. to 1-1/2 ft. ;y) MOTION, Tables Councilmen Wise moved, seconded by Councilmen Ackerly, to ► table the ordinance. ' VOTE, Table (Passed): VasWagoner, Ackerly, Hall, Measles, Monfor, Wise j` Bailie :k Councilman Measles noted if we do part of the project it will have to be re -engineered. Councilwoman Beilie said if 56% of the property owners want something, it is Council responsibility to go with it. Mayor Wagoner suggested i• directing Administration take another look at the project, and not go ahead as ongineored. There may be an alternative. Councilmen Hail noted the problem with the current projects Is Council, not Administration. Council decided on an engineer against the advice of Administration. He suggested �..i. -i the engineer and Mr. Kornelie review the piano and glue KENAI CITY COUNCIL AUGUST 6, 1986 Page 6 Council input for modification from City engineer's standpoint, not design engineer's viewpoint. Mr. Coyle said It was hie understanding that 51% of the people that own property can atop a project. Does it work in reverse, can 51% atop it? they are not the majority. The majority of the property owners are Coylee and Cones. Mayor Wagoner explained, they own the majority of the property, but are not the majority of property owners. Mr. Coyle requested a letter on that, the Supreme Lourt ruled out property owners for a vote. Mayor Wagoner replied, we are not talking about a bond vote, this is a petition in front of Council. He declined the request for a letter. He added, 6 of the property owners sent the petition. Mrn. Coyle noted the Cones and Coyles were not asked to sign the petition. Mayor Wagoner ruled the statement out of order, that fe not the issue at this time. Mrs. Coyle requested the Charter be checked on what is included on how people are counted on improvements. Loretta Breeden asked, whet has Council decided to do? Mayor Wagoner replied, table till they know something definite from Juneau. Mrs. Breeden requested Council decide this date which project will go let. Mayor Wagoner explained, there are other roads on the list to consider. These people are not aware that it was to be changed. Mr. Gifford stated the Cones were asked to sign the petition. He did not ask the Coyle: because he knew their position. C-4 Ord. 1158-66 - Amending Zoning Map - Baron Pk. S/D MOTION: Councilman Wise moved, seconded by Councilwomen Monfor, to adopt the ordinance. There was no public comment. Mayor Wagoner suggested before we start zoning or re -zoning we should look at the entire piece and do some planning. That will be the down town area of the City. Councilman Wise said we are not doing this as we should but we do not have the full airport master plan. We have a lease request for lot 1, It needs to be re -zoned so it can move. It will not create much damage, there are no commitments on it. There are 3 ways to modify, Comprehensive Plan, Airport Master Plan•and re -zoning action. Councilman Hall asked to abstain, as he won a party to the requested re -zone. VOTE (Paseed)t Vest Ackerly, Bailie, Measles, Monfor. Wise Not Wagoner Councilman Hall abstained. C-5 Res. 86--75 - Transfer of Funds - Bond Counsel fees - $3.000 MOTIONt Councilmen Mansion moved, seconded by Councilwoman Monfor, to adopt the resolution. There woo no public comment. City Mnneger Brighton explained. thin is to refinance existing bonds, it will save the City oubutantial money. Motion peened by unanimous consent. L KENAI CITY COUNCIL !6 AUGUST 6, 1966 Page 7 C-6 Res. 66-74 - Transfer of Funds Lawton Dr. Lift Station Power - $17,760. MOTION: Councilwoman Nonfat moved, seconded by Councilwoman Sallie, to adopt the resolution. There was no public comment. Councilman Wise asked, why was it not in the budget? Public Works Director Kornelis explained, he received a quote from HEA on July 20. He had not anticipated this Coat. It will be a not -to -exceed cost. He will state that an the PO. Motion passed by unanimous consent. C-7 Res. 86-75 L Requesting Municipal Assistance from State NOTION: Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Notion passed by unanimous consent. C-8 Res. 86-76 - Float Plane Basin Condemnation of Land a. Substitute 01 Quick Take b. Substitute 02 Slow Take NOTIONt Councilman Wise moved, seconded by Councilman Hall, to adopt the resolution C-80, Quick Take. There was no public comment. Councilman Wise said on June IS a motion was made to proceed with a slow take. Mae that been filed? City Manager Brighton replied, no, at the work session succeeding that, Council requested It be brought back. Councilman Wise said it was voted to do a slow take and It wee not Initiated. At the work session it was not started. The only issue is if we should go from a slow take to a quick take. A preliminary cannot be filed unless we have title. He would like to go from a slow take to a quick take. City Manager Brighton explained, there was a motion to proceed with a slow take and subsequent to that Council asked for resolutions for both slow and quick take. Mayor Wagoner said Council was told they could change toa quick take r after they started with a slow take. Councilmen Wise said Council direction has not been taken. The City to in an economic bind. This will enhance the economic climate of the area. It will not affect the General Fund, it uses Federal funds. We have SI/2 Million in State funds that have been authorized for this. We have FAA money for acquioition of land. We have airport moneys that can only be used for the airport. We are contributing $1-1/2 Million for the Flight Service Station. Councilman Hall said if we end up using funds by using the quick take, he would prefer the slow take. City Manager Brighton explained, we will not lose funds. The money can be committed and we will not lose on it. Councilman Hall naked if we could put $160,000 In escrow and continue with the rent of the project. Answer, yea. Councilman Measles noted we only have to deposit in All ourt with a quick take. He noted we would not be In court iF for at least 6 months. -I J i t , 4 r j, n � f r) KENAI CITY COUNCIL AUGUST 6, 1966 Page 8 VOTE (Passed) -- Yea: Wagoner, Bailie, Hall, Neaelea, Wise No: Ackerly, Monfor Finance Director Brown noted a quick take will probably result in a statement in the financial statement. We have committed ourselves to something we do not know. C-9 Transfer of Liquor License - Oaken Keg MOTION: Councilmen Hall moved, seconded by Councilman Wise, that a letter of non -objection be sent regarding the Oaken Keg. _ Motion paomd by unanimous consent. C-10 Res. 86-77 - Awarding Spur Triangle Perk Public Works Director Kornelia explained, there is no completed resolution, this is Council decision. Councilwoman Monfor noted when this was proposed, we were going to have $50,000. She thought that was a lot of money. She suggested we take it from the airport triangle. She had a problem with 2 parks. She did not anticipate $172,000. Mayor Wagoner noted Mr. Kluge to not proposing the whole project. Councilwoman Monfor said this was to be a starter for it, and it would be volunteer work. We did not went to set up the whole perk. She is against phases. Councilwomen Beilie said when it was discussed and the money was proposed, they were hoping to start, but not complete till Spring. Their main thought this year wee they went it to be done well, a credit to people placing memorials as well as „ the community. Mr. Kaspriain estimated $500,000. $172,000 Is more then she anticipated. They wanted grass, a gazebo, walkways, placing of trees. It would be a plan that could be used in the whole city eventually. The Committee will be having a meeting Aug. 7. She did not have it problem with $50,000. The airport project will be a maximum of $20,000 plus volunteers. The landscape effort in recent years he more comments then anything else we have done. It will have a large impact on people entering the City. Councilwoman Monfor asked, did we ask for this? The Committee has not met yet, we have no objectives yet. Councilwoman Bailie replied she is responsible for this. She asked Public Works Director Kornelia for a proposal. She hoped to meet with C. Gintoli and W. Kluge but the meeting wee cancelled. They did not want to relocate the utilities, just mask them. Councilwomen Monfor suggested postponing action till the Committee reviews the proposals. Council agreed to the suggestion. Mayor Wagoner said he did not make the committee appointments. Councilwoman Battle replied they were approved at the July 16 meeting. Mayor Wagoner noted It was discussed, but he did not appoint the committee. Councilwomen Battle sold she is not sure a committee is necessary. Beautification Committee will be handling it. Mayor Wagoner he was under the impression there would be a whole new committee. Councilwoman Battle replied, they would just be involved. Mayor Wagoner said he had a problem with the scope. It mew take many dollars to complete this. ;1 Council has said the idea to fine. Now we need an approach i by the committee to stay with the i50,000. He did not went to spend more. Councilwoman Battle agreed. They can get it designed end get some work done this year. it could be ii taken on by the beautification effort of the City. She ,�j would hate to roe it postponed. She suggested the Committee ,• j `i ww y -- 1 i -' KENAI CITY COUNCIL AUGUST 6, 1986 Page 9 meet with the 2 architects. Mayor Wagoner suggested requeeting.enother proposals that says the City will pay a maximum of $50,000 - a certain amount to design and a certain amount to construct. Councilwoman Bailie sold there would be a meeting of the Committee on Aug. 7. She asked if the 2 architects could be at the meeting and they will come back at the Aug. 20 meeting with a report. She suggested doing the sidewalks this year and the planting next year. No further action taken by Council. C-11 Res. 86-78 - Tranef. of Funds - Cook Inlet View/L'ilec - $26,956 MOTIONt Councilmen Wise moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Public Works Director Kornelle explained, they had planned to tie the man holes and catch basins on Lilac into the man holes. They got an easement and changed to go between 2 Iota that required an extra man hole and depth. There are 11 sanitary sewer connections on Lilac that were not on the ,pjens. Since we are paving, we want the services in. This is a reasonable price. There are 1-1/2 in. water lines to Cook Inlet View. It looks like 4-plexes and 6-plexes are the trend, then this is too small. Councilmen Wise said he did not agree with putting them to the lot. We charged other people when we up -graded. Mr. Kornelis replied, they felt that instead of having a contractor or developer dig up pavement, we would be better off to put it in- Councilman Wise asked if he Intended to lien the property. Mr. Kornelis replied, we can. He added, these items have been done. Their policy is to put in services when we pave. The lest item is pipe insulation. We were within 1 ft. of the water line, this was to prevent freezing of the water line. Notion passed by unanimous consent. C-12 Change Order 01 - Doyle Const. - Cook Inlet View/Lilac - $26,956 MOTIONt Councilman Mea31e9 moved, seconded by Councilwoman Nonfat, to approve the change order. Councilmen Wise said a lot of these changes are unwarranted had prior planning been done. The sanitary sewer connections were done and had to be re -dug. Motion passed by unanimous consent. D. MINUTES D-1 Regular Meeting, July 16, 1986 Approved by Consent Agenda. E. CORRESPONDENCE E-1 Nun. League - Logiel. Steering Committee Meeting E-2 AK Dept. of Revenue - Fish Tax Shared Revenue Approved by Consent Agenda. L t C L i i l9 KENAI CITY COUNCIL AUGUST 6, 1986 Page 10 E•7 Chamber of-CommeTce - Recreation Boat Launch Romp of Kenai R. and View Sitea at.Konai R. Flats a. Sue Carter, Chamber of Commerce. These proposals come up at a Board meeting. -Kenai does not have much to offer visitors. The Chamber would like to meet with Council in a work session. Cunningham Pk. is an excellent boat launch facility. it could be paved and be acceseibl8 to people In the community but close enough to town to buy things in the City. This and the view area could be done at a low cost, it could have a user fee. More and more people are using the Kenai R. bridge area for picture taking, fishing, etc. In prior meetings with the tsdural govt., logutintions fnr n land exchange have been at a standstill. The Chamber has blueprints from Potter Flats, Fish 8 Wildlife can provide personnel. b. Fred Braun, business at 405 Overland, Kenai. Tourists come into his store and to the Chamber. They relate Lee Anderson's fish to the Kenai R. and Kenai. They went to launch a boat. We have to send them to Soldotne. It is not that far to the good fishing grounds. The view station is workable. There is not that much for visitors In Kenai to do. Councilman Wine noted Cunningham Pk. is cloned to boat launching. There is no place to park there. The area around.the bridge is State land. Mayor Wagoner suggested the wooded knoll at the upper pert of the bridge would make a good camp ground. Councilwoman Monroe noted there is a berabers there. Mr. Braun said the Old Town Committee will have a ljet of proposals for Council. He added, he wen glad the Triangle Pk. resolution was postponed, end the east end park. Scattered little perks would be good. He suggested not spending $172,000 on those parka, but on smell parka. Councilwoman Bailie said we need to start spending energies on promoting tourist facilities. Mr. Nelson had a proposal foe a fuel facility with a boat launch. C. Ruby Coyle, Kenai. The City owns the land at the Kenai R. bridge, it is tidelands. All the tidelands in the city belong to the City. The pull-out at the bridge, hoe a tremendous number of people there taking pictures. She noted the trees near the hotels in Hawaii have plaques on them dedicated to people that have helped with the plantings. d. Bill Nelson, Engineer. Regarding the boat facility plan. One of the features will be to expand the park. 50 care, 40 boats and trailers. they will have public rest rooms and showers. This will develop Kenai es a tourist center. It is only 20 minutes to Eagle Rock. He hopes to get started thin Fail. Council agreed to have the work session Sept. 9. F. OLD BUSINESS F-1 Contract Retainsge Public Works Director Karnali explained the material in the t� packet to the same on previously distributed. a. Katherine Thomas, Central Alaska Construction, Kenai. She received a totter from Mr. Kornelia. She asked fat the material that would be of the meeting and wag told i 1 KENAI CITY COUNCIL AUGUST 6, 1966 Page 11 that woo all that was available. She has not seen this material. Mr. Kornelis replied, the material has been { available since June 27. ' b. Bill Zubeck, Zubeck Inc., Kenai. He asked how the City was going to handle this in the future? City Manager Brighton explained, it has not been decided. Councilmen Ackeriy asked Mr. Zubeck if he had problems with the way it to being handled now. Mr. Zubeck replied, he thought the City should use the Anchorage method. C. Marko Zurek, Doyle Conet., Kenai. He just received the puckut thin dote. It han o rotninnge nchodule from Log Angeles. He had no problem with holding reteinage, but it is being used as a club. He would like a copy of the lekter he wrote dated July 7 regarding break down 0� of how reteinage is estimated to pay the subcontractors. He would like a reply. Alaska Statutes should be included. He suggested a work (06,tjw«wa eesaion to talk this over. Mr. Kornelis explained, Los 0 1 Angeles schedule was put in because he was told ` reteinage was not done in the Lower 48. There are 6 P options suggested. He recommended 02. He noted the contractor is told up front how it is done. He ' tions. 02 is for roads, based on 1 1980 Anchorage s We keep 10% till substantially complete. When we can use it, we reduce l It to 2%. In 1905 Anchorage changed their specs, we have not changed sure yet. They use option #5. 10% is retained till it is 50% complete, then 2% of the total (J to kept for 90 days after completion. Kenai Borough uses option 06. For buildings, we keep 10% till substantial completion, then to 2% till 100% complete. Bill Zubeck. There are no building contractors here, he is interested in roads, water A sewer. Mr. Kornelis explained, Mr. Woodard wanted to know. Mr. Zubeck said Mr. Woodard could not come this date. He added he did not remember reducing to 2% on any of hie Jobe he's done since 1979. He would like to follow Anchorage's specs. Mr. Kornelis replied he felt the City had better protection with 02. Katherine Thomas. When a contractor bide a project, he has to put up payment performance bond that guarantees to the bonding company he will do the work. If he fails, they will complete the job, pay the bills, then come to him. The City pays for that, plus interest, costs to do the project, and what it will coat the contractor while he is out his money. Some municipalities will reduce the reteinage if it is done well. Municipalities that charge more, pay more. The cities are holding the contractor's overhead and profit. Healthy contractors are important to a healthy economy. They are 2 weeks behind in payments, the City has 10% of their money. Councilwoman Bailie asked if Ms. Thomas had reviewed the materiel. No. Thomee replied, somewhat. She to in favor of option 05. This is more beneficial to the Industry and fair to the municipalities. 2% for 90 days after completion to better then 10%. They could oak the City to forego the 90 days. d. Steve rooter, Box 303, Soldotne. He Is a subcontractor. He has been in the situation where the reteinage to kept at 10% till the end of the job. Hie 10% was kept also and came at the end of the project. They were delays other than hie own, his portion was satisfactory. He could not get paid. With this plan the oubcontractor could receive full payment for the tot 50% of the job. The 2% for 90 days after le overkill, the bonding Is adequate. Mr. Kornelie noted L I r V }i , -- t i' h 1 711 ---- �— j i, 1 ' L KENAI CITY COUNCIL ' AUGUST 69 1986 Pago 12 the City•presently•hoe liens.on projects we did not ,,, know about. Without retslnoge those subcontractors and the City would have no protection. 21 may not cover Liens.. Councilman Ackerly noted we have bonds. Mr. Kornolie replied. that Is the last resort and may take years. Marko Zurek. The bonding company will shake up a contractor better then retainagea There to a current Alaska low as to interest on retainege. This does not give them the right to waive percentage. The State does not have retainege. MOTION: Councilman Ackerly moved, seconded by Councilwoman Onilio, to adopt option 05. Councilman Ackerly added, for future bidding, including roads, water 6 sewer. Motion passed by unanimous consent. Council agreed .to not use this on the airport bid that to out at this time. - Councilwoman Sallie asked the contractors, did they undo retand the City will be keeping the 2% retainage for at least 90 days after the project is 100% complete. F-2 Reconstruction of Kenaitze Ct. Mayor Wagoner naked that this be added to the agenda at this time. Council agreed to the request. Councilman Wise suggested a dry well be added. MOTION, Councilman Wise moved, seconded by Councilwoman Sailie, that Administration be directed to restore Strawberry Rd. and Kenait-ze Ct. to essentially the original grade as requested by the residents. PUBLIC COMMENT: a. Bill Mendenhall, OceanTech, Soldotne. If the road is lowered to original grade, it will not meet Federal standards for eight distance. That is the reason for the grade. Mayor Wagoner questioned if the City has to comply with Federal eta,tdords without federal dollars. Public Works Director Kornelle replied he did not know. Mr. Mendenhall stated the City could not find a design firm that would go around that. Mr. Kornelis explained, the State also hoe regulations regarding speed limits. Based on speed, you would have to meet design standards. Councilmen Ackorly suggested leveling the hill if that is the problem. Mr. Mendenhall explained, you cannot, without acquiring right of way or a narrower road, but that would not be City standards. Councilmen Wis, .eked if they had asked the people for ndditional right of way. Mayor Wagoner asked why the radical change, the subdivision hea boon In existence for 15 years. Mr. KOrnelia replied, we were not meeting Federal requirements from the beginning. Mayor Wagoner said the people in the subdivision want the road to the way it was. Councilman Measles noted it is ridiculous to be concerned about a dead end street that is 1/2 mile long. Mr. Kornelie explained, he asked the engineers toe alternatives and woe given 6. He planned a meeting with the residents one attended. Councilman Ackerly suggested a dry weal et the beginning of the road, L KENAI CITY COUNCIL AUGUST 6, 1986 Pago 13 another at Mount woulddo the Job. The only problem they have had is water in the road during break-up. Mr. Kornelie explained, when the culvert woo put in, the rood woo raised to cover it. He had suggested going beck 21 ft. and re -paving that portion. We would fill in and re-ooed. The lawn at the houses is not much different than the road. then we could keep the culverts. The hill was raised 6 in. and moved closer to Salo'o. City Manager Brighton asked, they are to haul gravel out, put in 2 dry wells and teke.the send out? Mr. Kornelia asked if they included S. Strawberry also. We would have to make the road narrow at Se10's and do uome paving ut S. Strawberry. Councilmnn Ackerly suggested obtaining another engineering firm. City Manager Brighton suggested using the City engineer. Mr. Kornelis noted we have $13 Million worth of week they are trying to get on top of. He could work with City crows and a dozer. The residents of the area objected. b. Kathy Haug, 4540 Kenaitze Ct., Kenai. Her concern is, .the driveway is not adequate. The road does not fall' in with the lay of the land. The land is not swamp, it does not have to be filled in. Most driveways tend to go down to the street rather than the property going up to the street. C. Cliff Heus, 4540 Kenaitze Ct., Kenai. They had a small drainage problem. They questioned it when the road was built up so high. Mr. Kornelie explained the Federal standards to him. If it were lower, it would look better. The grass on the back slope is still there. Also, the hill has to be cut down. We should look at getting more right of way on either aide. He asked that the engineers work with the owners. Councilman Ackerly asked to abstain from voting as he is one of the owners. Motion passed by unanimous consent, with Councilman Ackerly abstaining. Mayor Wagoner asked if the engineer would be in-house or contract. Councilwoman Monfor asked if it had to be re -engineered. Mayor Wagoner replied, there will be changes 1n the slopes. Mr. Kornelie added, we will need bil upecs end would have to re -bid. Councilman Wise suggested the owners nominate the engineering firm. Council did not agree. Mayor Wagoner asked that Administration select the engineer and recommend it at the Aug. 20 meeting. Mr. Kornells noted there is an approach on Spur, Doyle will complete this paving. G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS Councilman Meooles moved, seconded by Councilwoman Monfort to approve the bills as submitted. Councilman Wino noted, E. Aliak, why does line 4 exceed line 1? (item Info 20) Finance Director Brown explained, there :to estimates on some quantitioo. Councilman Wise noted we ero $50,000 over the boos project and have not completed $110,000 In change orders. n a>rr� KENAI CITV COUNCIL AUGUST 6, 1906 Pogo 14 Bill Neleon, Engineer. Kenai. Council approved change did orders to change rood grades. In order to ensure they not over-run,the outhorimed amount to pay the contractor, they included $110,000 for increased earth stark. They were 1 j Included as unit price quantities so they did not have to foot notes to the renegotiate. In pay estimate 16 they were included in the original change order that the items were contract. We will exceed the original contract and go under on the change order. The total will be $40,000 lone then i line 3. $936,000 ahould be the final amount. [ Motion peaeed by unanimous consent. G-2 Requisitions Exceeding $1,000 MOTIONt Councilmen'Measlea moved, seconded by Councilwomen Monfort to approve the requisitions as submitted. Councilwomen Ballie asked about the airport terminal painting. Public Works Director Kornelis replied, the blocks in the perking late. City Manager Brighton explained, the reason was the snow graders were chunking out the curbs. They can see this. Council noted it was a lot of money. Finance Director Brown stated it was not for blocks. MOTION, Amendments Councilmen Ackerly moved, seconded by Councilwomen Nonfat, to divide the Kenai Masonry bill. VOTE, Amendments Motion paesed by unanimous consent. VOTE, Main Motion as Amendedt Motion-paseed by unanimous consent. G-2, KENAI MASONRY BILLt Council agreed to discuss this at the Aug. 20 meeting. i „ G-3 Ord. 1159-86 - Incruee. Rev/Appno - Booting Facility 1' $1,000,000; Trans(. of Funds - Bonting Facility $324,622.41 MOTIONt Councilman Ackerly moved, seconded by Councilman Measles, to introduce the ordinance. Councilman Wise asked if $1.3 Million was adequate. Mayor Wagoner replied it is an estimate. Councilmen Ackerly suggested we should have marine finishes on the hoists. ( Engineer Bill Nelson. The crane is $18,000, with power unit _ and controls - $30,000. It is $4,000 more for the paint. The ooleamsn did not recommend it on the dock. He chocked the this works okay. Councilman with other crones on river, Ackerly asked about the credit card system. Mr. Nelson replied, there is a daily one also. It would be about a A ug. 7 to review thi a. TheOPort.OfThere Homerwill usesbe without any personnel. Mayor thismeeting withou Wagonor suggested starting with one crane and increase If we hove the biggest need more. Columbia Ward has I and they fishing fleet in the Peninsula. Councilman Wioe noted the C. , added alternates. 2 of the items should be added. The fuel i dock wee the facility - one of the justifications for the approved fuel facility. 2nd is the grid. That Covet Guard 1 :1 s 4 "-r r- ' a { .d ;t i i t� { { - s i i :i KENAI CITY COUNCIL AUGUST 6, 1966 Page 15 was the basic concept. Councilman Ackorly suggested eliminating the arenas would be enough to cover them. Mayor Wagoner asked that information on these items be brought to the Aug. 20 meeting. Councilwoman Bailie asked about the showers. Mr. Nelson explained, a lot of the people using the facility will be living on their boats. Those are celled temperate water ehowere, they ore utilitarian, are a minimal cost. Mayor Wagoner suggested coin operated. Councilwoman Bailie noted $50 per day Is high for root room maintenance. Mayor Wagoner replied it has to be done 2 or 3 times per day in Homer. Councilwoman Beilie.ouggested rentals. Motion panned by unanimous consent. G-4 Change Order 15 - Zubeck Inc. - M.A.P. Project - $8.365 MOTIONS Councilmen Ackerly moved,seconded by Councilwoman Monfor,to approve the change order. Councilman Wise asked why we were paying for water service charge to Tree Top S/D. Public Works Director Kornelis explained, we are billing them. Motion passed by unanimous consent. G-5 Disc. - Street Lights G-So New Street Lights Mayor Wagoner said he received a cell from a man whose street light went out 2 years ago, HEA took the pole away. He hoped it was on the list. Councilman Wise noted 021 and i22. Are they on bus stops? There is only one house there. Mayor Wagoner said they were by the Care Center. Councilman Wise suggested they would stop at the bell park, not make 2 stops. NOTIONt Councilman Wine moved, seconded by Councilwoman Bailie, for approval of the lot 34, subject to definitive review. VOTE, Amendments Motion passed by unanimous consent. VOTE, Rain Notion so Amendedt Motion passed by unanimous consent. Councilmen Wise noted the letter from HEA dated June 21 and asked why it took as long to get to Council. Public Works Director Kornelia explained, he plane to ask HEA for a coot estimate and appropriate the money. G-5b Heplecing Old Street Lights Mayor Wagoner suggested postponing as City Electric thinks they have boon paid. He added, City Electric told him that the city has already paid them for the street lights so everything is okay and we don't have to discuss this. Finance Director Brown and Public Works Director Kornelle said the City hoe not paid City Electric. L L 2N sus KENAI CITY COUNCIL AUGUST 6, 1986 Page 16 MOTION, Postpones Councilmen Measles moved, seconded by Councilmen Heli, to pootpone•action till this to reviewed. Motion peened by unanimous consent. G-7 Disc. - Ron Yamamoto - Lease Extension - Gusty S/D Mayor Wagoner suggested this be postponed for review. There was a dispute with Doyle, we as, there would be A 2 year lease and would be reverted to the City. Councilmen Hall explained, that is what he to asking for. Councilmen Wise explained, he asked for an extension at PAZ. It was approved. He has silica found out he cannot got finnncinq. He wants to terminate the lease. He is paid in full to Aug. MOTIONS Councilmen Wine moved, seconded by Councilwomen Monfor, to terminate the lease. Councilmen Ackerly asked if the lease was current. finance Director Brown replied he did not know. MOTION, Additions Councilman Wise, with consent of second, added, subject to paying current. Motion paused by unanimous consent. G-8 Disc. - Amen Rd. - Kenaitze Tribe Zoning Mayor Wagoner noted the memo rays we cannot do anything except ask BIA to change it. Councilmen Wise sold a Native with an allotment sells property subject to BIA approval. Does the allotment transfer? He did not think so. How can they acquire lend that grants them allotment status? Allotment status cannot be transferred. Meyer Wagoner replied, Atty. Rogers wee directed to research, it will take time. Councilman Wise asked if the Kenaltze Tribe had the ability to hold in allotment status. It wee not in the memo. MOTIONS Councilman Wise moved, seconded by Councilman Hall, to send a letter and oak for additional information. Councilwoman Monfor asked to abstain because some of these lands are related to her family. Motion passed by unanimous consent, with Councilwoman Monfor abstaining. G-9 Ord. 1160-86 - Amending KMC - Mandatory Water Connection 8 Abandonment of Old Wells Approved by Consent Agenda. H. REPORTS H-1 City Manager None L KENAI CITY COUNCIL AUGUST 6, 1986 Page 17 H-2 City Attorney �s None r - - H-3 Mayor Mayor Wagoner spoke. e e. Me suggested the following for Beautification Committees Phyllis Hildebrandt ^; Marj O'Reilly Glen Jackson Council approved the ouggestione. Councilwomen Sallie noted Mrs. O'Reilly cannot make meetings during the year. Mayor Wagoner explained she had asked to be on it. She teaches close by for noon meetings. b. He suggested Perlin Darrow for the Landscape Board, t Jackie Oberg hoe not been able to attend. Council approved the suggestion. j. H-4 Clerk Clerk Whalen spoke. 1 !: a. She noted the Pre -Clearance for the June 24 election i` has been approved. b. The election ballots have been burned, Council has to 3 be notified. C. The microfilm work was completed under budget. 4 s' d. If Council wiehoo to submit any charter amendments or propositions for the Oct. 7 ballot, they will have to be approved at the Aug. 20 meeting. e. She will make reservations for 7 for the Nov. Municipal League, and will confirm names and times after the election. i f. The Landscape Ord. passed at the last meeting was not the substitute submitted in the packet (item Info 33). 1 She wanted Council to know exactly what was passed. a H-5 Finance Director None H-6 Planning 8 Zoning None _.i H-7 Harbor Commission None - - - — '-----))t� H-8 Recreation Commission 7F Mayor Wagoner Geld we are creating parks, the Rec Commission should be involved. Councilwoman Bailie said Beautification Committee is under the Rec Commission. Mayor Wegener explained, they should be involved In the meetings. j� H-9 Library Commission Commission Chairman Swerner reported they had a meeting Aug. S. She asked about the Comm/Comm secretary- Clerk Whelan replied the Legal Dept. to reviewing the proposal. E 4 i" I W KENAI CITY COUNCIL AUGUST 6, 1986 Page 113 1. PERSONS PRESENT SCHEDULED TO BE HEARD a. Public Works Director Kornalie. The airport project will be bid in Aug. The advertising Is done, plane are available. An added alternate is to haul overburden from the float plane basin to the old dump alto. Council has to decide whether we do it or not. Otherwise we will doze it to the beck. Mayor Wagoner suggested he speak to the people working with the softball diamond. Council agreed to the suggestion. b. Public Works Director Kornelle. Item G-3s, the boat facility. It will be advertised Aug. 15. He had a Harbor Commission work session. He will bid Sept. 17. - It will be done by Juno 15, 1987, in time for the fishing season next year. He will need the changes right away. Councilman Wise said the fuel facility and grid should be part of the basic bid. Mr. Kornelis replied, if it comes in over budget, you can reduce with added alternates. Engineer Bill Nelson suggested we could save money with erosion protection. He did not want to take them out. He added, the total is $1.8 Million. Council agreed to leave Be an alternate. C. Councilwoman Monfor. Regarding the flags for the Boy Scouts (item Info 20). MOTIONt Councilwomen Monfor moved, seconded by Councilwoman Sallie, to give the Boy Scouts $200 for the purchase of flags. Motion passed by unanimous consent. d. Councilwoman Monfor. The Legal Dept. has a large budget, she felt there should be someone here from the Dept. this date. e. Councilwoman Monfor. Has the paving of Rogers and sweeping of sidewalks been done. Public Works Director Kornelis replied, they are going out for bid on Rogers. Councilwoman Bailie said there is a problem with sweeping during the day. She suggested Mr. Kornelle speak to the State. Mr. Kornelis replied, he spoke to DEC, they stopped the sweeper. But they have since said there was a misunderstanding and they can start again. f. Councilwoman Bailie. We should have a legal representative at this meeting. g. Councilwomen Beil►e. A representative from Council should be attending the commission and committee meetings. The Old Town Committee does not have a representative. h. Councilwomen Bailie. Has the contract been prepared for the cemetery preparation. Clerk Whelan said she had prepared one and submitted it to Tim Wieniewski for review. Councilwoman Beilie naked that Mr. Wianiewski be contacted. L 0"s A" 7 ., M . - -- 1_ - - - - - L re: KENAI CITY COUNCIL AUGUST 6, 1986 pge19 1. Councilwomen Sallie. She ookod that "Now Strategies for Advancing Aleoke'a Economy" from Reaouree Development Council (item Info 18) be ordered for Council. Council agreed to the requeet. ADJOURNMENTi Meeting adjourned at 1205 AN. Janet Whelan City Clerk • ,� l� �i �, h jy� n tp V '0 DC 1%pQ fl q O � M r n 9! H r •r r. � y O �y" �• m r� W �j y y N �. < t✓d .� M tf Y {! Cocor f. 1 c m A A to- M 1, Fig owl nnn i o 0 0 n n 0 ram. � � � � � rm.+l { ►�'+ w m 19 I n i! A Rig A i0 N P O t i M M pB M ~ m �CC1 r M ~ �� ham+ F• r Y Y1 N R to f1 ft (C m n gg -=- - --- --- w N w coo w o$ v ton re p r to ie n ~re N I ro �� p m � b y fl op a w n C A C C O j! N 1p+ � pr pM pM n 0 o --k -- - - - r N r �o 0 00 o r .j nPi � b o a 000 � to O O N to V W. W L r`- II I I i I August 20, 1986 41-/ CITY OF KENAI „Dd e" °J >14"„ 210FIDALOO KENAI,ALASKA 99611 TEMPMONE 403. MO .J MEMORANDUM .fi TO: Wm. J. Brighton, City Manager i FROM: Keith Kornelis, Public Works Director (�l� RE: REA Power to FSS HEA is requesting $22,500 for conduit, wire, transformer, primary, secondary and everything else needed to provide power to the Flight Service Station. ° Carmen Gintoli has assured me that this is to be paid by the contractor, Woodard Construction. Woodard does not feel that it is their responsibility and has refused to pay it. If this power is not run very soon, the project will be stopped. a �} I have talked with the City Attorney and we feel that the best a ;} way to handle this is to pay HEA and deduct the cost from Woodard's payment. Therefore, please add this purchase order to t those that need approval tonight. KK/dg L A. - PURCHASE ORDER CITY OF KENAI iI HITE - VENDOR 210 FIDALGO ST. PHONE 283.7638 LOENROD - ACCOUNTING IJ NARY - ACCOUNTING KENAI, ALASKA 99611 r BLUE • SHIPPING& RECEIVING REEN - APPROVED COPY y , . PINK - REOUISITIONER VENDOR NO. r Homer Electric Association, Inc. TO „ SHIP VIA - THIS PURCHASE ORDER NUMBER MUST APPEAR ON Alt PACKAGES AND PAPERS REIATING TO THIS PUR CHASE. omeN 8 20 86 J . BY rvNr oA►e PREPAY SHIPPING CHARGE ► 08 °I° QUOIATHM PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT SEPARATE ON INVOICE ITEM NO. DESCRIPTION OR ARTICLE oW0411 o UNIT UNIT PRICE AMOUNT Cost for HEA to run conduit, wire, transformer, primary, secondary, etc. to Flight Service Station. This is for all material, equipment 4 labor for completed installation by HEA. 24,500 Service Credit for new meter installa- tion -2,000 This cost is to be taken out of Woodards first pay estimate since it is a cost that the contractor is to pay for. 22,500 TOTAL 1 DEPARTMENT 22,500 CO By o1vA91MEn1 MtAo L L 00 NM •e (�� Ir A wi• V 1' e s _ V. M w m m fo O M V• r 7 M Y^ � M !'i o�P Am rr o a n C�yfi t! 0 •1 �+ 00 `C p M f10 r' n Is. n a n nw ._ _� M N •1 r o �+ N pp� iL 'O m n m iY •1 to m r• •t m n I� R •�► ~ A byy � pP� �CBp �p O fA O O�o pP� 1Np N or- h pp� , P+ ri � � t{{ raj � •�f •'1 � � � ~ L r, C K Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1162-86 h AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $953,000 IN ' THE CAPITAL PROJECT FUND ENTITLED "AIRPORT SAFETY ZONE, GENERAL AVIATION 71EDOWN, AND TAXIWAY IMPROVEMENTS". WHEREAS, design has been completed on a series of Airport fi improvements, and 'WHEREAS, the City expects the FAA to participate at 93.750 ;• reimbursement in the Safety Zone and General Aviation Apron + ` improvements which are estimated to cost $704,000, and ` WHEREAS, the City expects to fund Taxiway Improvements, GAA E electrical outlets, and vehicular access and parking, as well as .n the non -Federal portion of the FAA eligible portions of the i project, with the 1984 State Grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased <decreased> as follows: Airport Safety Zone, General Aviation Tiedown and Taxiway Improvements Caeital Projects Increase Estimated Revenues: State Grant (DOT) - 1984 FAA Grant Increase Appropriations: Administration Inspection Construction Airport Main Apron Extension .-Capital ro ec : Decrease Estimated Revenues: State Grant (DOT) - 1984 Decrease Appropriations: Construction Contingency $ 293,000 66 0 $ 1,000 75,500 876,500 5 0l.(300 0.0> < 73,000> <220 000> 0- g COST BREAKDOWN OF AIRPORT SAFETY ZONE, GA APRON AND TAXIWAY IMPROVEMENTS FAA AIP Funds $660,000 State - Grant Funds 293,000 --$953'OOU 4 Pro-application for AIP funds to include: 1. Safety zone fill/topsoil/grade $394,300 Inspection 30,000 2. General aviation apron with two 223,660 stub taxiways 22,700 Ij Inspection 3. General aviation apron electrical - 33,350 lighting (only) AIP TOTAL 93.75% x 704,000 = $660,000 State funded portion of projects 1. Taxiway improvement grading/pavement 2. Taxiway improvement - lighting Inspection 3. General aviation apron electrical outlets • 4. Vehicular access & parking Subtotal 6.25% x 704,000 STATE TOTAL Rounded to: $704,010 $126,853 40,000 22,800 25,000 34,525 $249,178 44.000 $2939178 $293,000 F Q'i i% TIMETABLE SAFETY ZONE/GENERAL AVIATION APRON ! TAXIWAY IMPROVEMENT PROJECT 1/30/86 Preapplication for "back-up" project (aafety zone, ' general aviation apron taxiway improvements) filed with FAA for simultaneous processing along with float plane -z. facility preapplication. 4/15/86 Advertise RFP for design of safety zone/general kaviation apron taxiway improvements. Y - 4/16/86 Council meeting - Airport Manager's memo to Council (April 11) request to activate "back-up" project. Introduce Ordinance 1125-86 for appropriation of i ? $50,000.00 for design of "back-up" project. 4/30/86 Open bids for design of safety zone/general aviation s; apron taxiway improvements. 5/7/86 Council meeting - Final approval of Ordinance 1125-86. Award design to McLane and Associates - $37,700. 8/6/86 Advertise RFP for construction of safety zone/general aviation apron taxiway improvements. } 8/20/86 Council meeting - Introduce Ordinance 1162-86 appropriating $953,000.00 for construction of safety zone/general aviation apron/taxiway improvements. 8/25/86 Submit grant application on safety zone/general aviation apron taxiway improvements less actual .� break -down of dollar figures (to be filled in after �. award of bid). 9/3/86 Council meeting - final approval of Ordinance 1162-86, award bid for "back-up" project. ` 9/4/86 Submit actual dollar figoires to FAA on grant n application sent on August 25. 9/15/86 Grant approval by FAA --=----:.-- 9/18/86 Grant signed by City Manager and returned to FAA. Commence construction on or before October 1, 1986. G-y Suggested by: Council CITY OF KENAI ORDINANCE NO. 1163-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1986-87 GENERAL FUND BUDGET BY $90,000 FOR INSTALLATION OF NEW STREET LIGHTS. ".. WHEREAS, at the City Council's request, the Public Works Department has completed a survey of street light locations, and has identified a need for approximately 50 new lights, and WHEREAS, Homer Electric Association has estimated that installation will cost $90,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenues and appropriations be made: General Fund Increase Estimated Revenues: Appropriation of Fund Balance 90 000 Increase Appropriations: Street Lights - Improvements Other than Buildings 90 000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of September, 1986. OM WAGONER, MAYOR ATTEST: Janet Wheian, City C er First Reading: August 20, 1986 Second Reading: September 3, 1986 Effective Date: September 3, 1986 - Approved by Finance,e L i � x 1 t { �I CITY OF KENAI " e�� Vd Cdprial 4 4161"" 210 FIOALOO KENAI, ALASKA 99911 TELEPHONE 283.7535 MEMORANDUM TO: William J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director i DATE: July 31, 1986 SUBJECT: NEW STREET LIGHTS x ' FOR: COUNCIL MEETING OF AUGUST 6, 1986 Ron Rainey of HEA, has written the attached letter dated June 249 . 1986 which states HEA will install new street lights. .. HEA will bill the City on an existing yard light rate. The City the light i will also have to pay for installing each new light unless is installed on an existing pole that has secondary power. -4 Attached is the list of new street lights that have been requested by the school bus company and citizens. HEA has requested we move as rapidly as possible concerning any requests for new street i.. lights. Possibly we should confirm the list with Council and check to make sure we have not forgotten anyone before requesting an installation 1 cost estimate from HEA. KK/sw Attachments t 1 e- ... 1 1 r li is S T 1 5 �Iomer Electric Aoseocimtioa, Zsac. RIDGE':JaV DISTRICT 76170 KENAI SPUR HIGHWAY i SOLOOTNA.ALASKA 99999 O 49071 7075071 June 24, 1986 Mr. Keith Kornelis Director of public Worlts ":J City of Kenai f at":�C �•.••l�,,,d :•f 210 Fidalgo St. '{ > "'� n.. • ' •% Kenai, Ak 99611 Dear Keith: This is in response to you letter of May 25, 1986 concerning street lights for the City of Kenai. You letter covered two areas of concern, existing street lights and new street lights. :y I. Existine Street Lights A. We will work through you to reach an agreement by which City Electric can change out the street } lights in Woodland Subdivision for HEA. i B. HEA will accept the 250 watt fixtures but do request ; that the ballast be multitap so that existing under- ground wiring may be used. { C. HEA will continue to maintain and operate these fixtures and will bill the City for time and material as in the past. II. New Street Lights A. HEA will install new street lights as requested by the City of Kenai.. These will be billed on our existing yard light rate and installation cost for other than existing pole and secondary will be borne by the City. B. The unmetered street lights? Is unnecessary to answer as it is covered in "A" above. C. HEA will install our standard yard light fixtures which are an open face disfuser 175 watt mercury --- vapor lamp, the 250 watt high pressure sodium enclosed refractor cobra head fixture and the 400 watt mercury vapor enclosed cobra head fixture. The city may request a specific head based upon location and purpose of light. 1 IN L_ L -�: t `(a IF i. .> J x _f 9 .. i � I i .. 1 r Page 2 Street Light/City of Kenai We have a list of proposed street lights from your letter of June 25, 1985 and we feel this list should be updated and possibly council action before we proceed. If you have any further questions or we may be of further assistance, please do not hesitate to contact us. - 4 Sincerely, Ron Rainey District Manager cc: Kent Wick, Gen. Mgr. L k( a - :� o S I L REQUESTS FOR NEW STREET LIGHTS AUGUST 1986 Burton Carver's request list: 1. Beaver Loop and Julivasen 2. Beaver Loop and Dolchok 3. Bridge Access and Child's Street across from 4. California and Second 5. Cook Inlet View and Lilac 6. Evergreen and Fourth 7. Evergreen and Second S. Evergreen and Third 9. Forest and Elm 10. Forest and Fourth 11. Forest and South Stellar 12. Kaknu and Candlelight 13. Kaknu and Linwood 14. Kiana and Candlelight 15. Lawton and Wooded Glen Court 16. Pirate and K-Beach 17. Redoubt Avenue (1) 18. Redoubt Avenue (2) 19. Redoubt Avenue (3) 20. Redoubt Avenue (4) 21. Spruce Street - Ballpark (1) 22. Spruce Street - Ballpark (2) 23. Spruce and Fourth 24. Spur and Robin Drive 25. Sunrise and Ketch 26. Sunrise and Lora 27. Sunrise and Muir 28. Sunrise and Pirate 29. Sunrise and Set Net 30. VIP Drive and Baleen 31. VIP Drive and Lora 32. VIP Drive and Muir 33. VIP Drive and Sand Dollar 34. VIP Drive and Set Net Other requests: 1. Alisk and Candlelight 2. Alisk and Linwood 3. Bridge Access and Tern 4. California and Wildwood 5. Deepwood Court - end of cul-de-sac 6. Forest and Fifth 7. Forest and North Stellar 8. Haller and Fourth 9. McKinley and Second 10. Spur and Evergreen 11. Spur and Lilac 12. Spur and Linwood 13. Spur and Redoubt 14. Stellar and Cohoe - midway near cul-de-sac 15. Wooded Glen Court - end of cul-de-sac la r J 1� �i a r. 'r Y �1 s 1 I f Homer E�loctria Aoeooiatioa, IusO. RID6EWAY DISTRICT 36130 KENAI SPUR HIGHWAY • ':IILGniNA, At ASKA 99669 • 19071 262 5871 July 24, 1986 ja Mayor Tom Wagoner and City Council City of Kenai • ' 210 Fidalgo si �����:�•%�� Kenai, AK 99611 , In a recent letter to Keith Kornelis, we have agreed to, again, install street lights in the City of Kenai. It is our suggestion that you act as quickly as possible as time is growing short for the installation of new lights. We are calling this to your attention now, as it is our understanding that the Council must recommend and approve all street light installations. If there is any further information that you need or If - we can help in any way, don't hesitate to call. Sincerely, Ron Rainey Ridgeway District Manager RR:ss cc: Bill Brighton, City Manager Keith Kornelis �l 0 A - CITY OF KENAI 210 PIDALOO KENAI, ALASKA 69611 TELEPHONE 203•te3S MEMORANDUM TO: Kenai City Council FROM: Janet Loper, Planning Specialist SUBJECT: Vacation of 4,200 sq ft of Sprucewood Glen Rd, Sprucewood Glen S/D - Lowry 6 Partee DATE: August 14, 1986 Action Requested: Vacate approximately 4,200 eq ft of the northerly portion of Sprucewood Rd. as described above and in enclosed material. Petitioner/Owners Edwin & Julie Lowry - Kenai Tommy & Beverly Partee - Sterling Locations North of Tern Ave & west of Walker Lane Staff Comments: This item appeared before the Planning Commission on July 9th, July 23rd, and August 13th. At the meeting of August 13th Mr. Lowry appeared and explained his request in detail. (See Exhibit A) There are no utilities in the ROW, however, as noted on the engineer's as -built, the retaining wall does run through it. The Planning Commission recommends approval of the vacation based on the data presented by Mr. Lowry. A copy of a portion of the minutes is attached. L 71 l PLANNING 8 ZONING COMMISSION ( August 13, 1986 i Page 3 . i 6. OLD BUSINESS a. Request for Reconsiderations Vacation of 4,200 sq. ft. of •• i - - Sprucewood Rd within Sprucewood Glen S/D - Lowry ;y Mr. Lowry came forward with maps identifying the areas to be vacated and those to be used for truck access. The maps show that the trucks ' 1 will be gaining access from the mall side of the wall and are not intended to cross into the residential side. The wall is in such a _ __'` position that trucks cannot unload without the vacation. Commissioner { Bryson asked if Mr. Lowry would be willing to place a note on the plat that no vehicular access world be permitted to the residential area, answer; sure. "4 MOTION: »i Commissioner Bryson moved to reconsider Vacation of 4,200 sq. ft. of -Sprucewood Rd within Sprucewood Glen S/D, seconded by Commissioner Smalley ME: Motion passed unanimously r . MOTION: 'd Commissioner Bryson moved to recommend approval of Vacation of 4,200 'sq. ft; of Sprucewood Rd as proposed by the applicant and that a note be_placed ont-he plat restricting vehicular access from Sprucewood Rd to'Tract.F-lA and-C-lA, seconded by Commissioner Smalley. Commissioner Osborne asked if the vacation would create a small lot on either -side of the wall. -Commissioner Bryson asked if Mr. Lowry had a :} proposal for the remainder of the property after the vacation. Mr. Lowry stated that since the access for use is a turnaround. We propose It to go to C-lA. Commissioner Osborne asked about the parcel on the ff - other side. Mr. Lowry answered that the Borough informed him that it M would make sense to combine it with the adjoining lot. Commissioner ' Bryson stated that unless we have a preference, it is the Borough prerogative, the vacation process. - ...... -.. _.. _ . VOTE: °. Motion passed unanimously - -- -- - '`--� i. APPROVAL OF MINUTES of July 23, 1986 ` Minutes were approved as submitted. s I lump 9: e -•_— '•` `. / �' ! 'rye. / • v •i. � t is '. .�J } � � / '/// � v��,, `V `��'V \`•,� / � • /• �d� 'F \ t ♦It 1 op digit 1NA Uis j g'Al-PENINSULA-BOIROUGH BOX 880 - SOLOOTNA. ALASKA 99869 PHONE 262-4441 July 24, 1986 tl 1 STAN THOMPSON MAYOR i i City of Kenai _ 210 Fidalgo Street -- i a Kenai, AK 99611 t RE: Vacation of portion of Sprucewood Road within Sprucewood Glen Subdivision, Number Three _ Section 5, Township 5 North, Range 11, West •._ ,_._ City of Kenai j Gentlemen: zIn accordance with AS 29.33.220, no vacation of a city street and/or easement may be made without the consent of the city �i council. This vacation action has been approved by the Planning i Commission, therefore, it is being sent to you for your 1 consideration and action. The council has.30 days from July 21, 1986 in which to veto the decision of the Planning Commission. —If no veto to received by - the Commission within the 30 day period, the decision of the f.. Commission will stand. 4 ; Draft minutes of the Planning Commission and other related information are enclosed. Sin' er y I � , Kevi Fenner Planning Director I. - --- - - KF/tn cc: Edwin & Julie Lowry, 10819 Spur IIwy Suite 125, Kenai, AK --- -- ;- Tommy 6 Beverly Partee, Box 607, Sterling, AK AN I r: acT1oN a 1st AVENUE SOUTH �{ { tarfoN e ( WALKER LANE) T C 1; KttO T8 -103 SPIIR ti1,1130 No 1 !. ` LOT- 1 1 LOCK ONE � peoa88S I I .j 1 ACCESS i e eo•nt•oo• r IAteeA , PROPOSEO 3: I FENCE TRACT A•2fn v UTIL tett'r i ♦ TQ/CCT F-1 _ 1 \ LIMITS OF To et at. \ SL00. VACArto� TRACT A•3 �, I / ♦\ �.��^I `� S VI / \ ito vk 0 +' TRACT B•1 \ ; Tli• A sa0 TA•» LEGEND ELM or OLO smusent " or'GLO monument ® Found Offsetfl furve aft eerfletan s 1/e•a . monusent of record n ' 1 TRACT A•4 Fo.no aw racer 1s _ 3 12.100 SF. '• \ `a _ �.. _ not die•. So• racer T R\A �,�T'�_. GLEN 0 )faun tn- robsr i TRACT B, Sat 1/2•2 pA• mbar f 12.100 SF B acp RACT C-1 1• ... -• 1 •- O Indicates 1110n11oto f -' • .63AC PARItI \ 1• Try-0 F �*0 NOTES T H A .. _. ... _._ .....�. _ � SUS01VISION . \''% `� \ �/ `• QRIG'IN�4L FLAT _ tl All waetewatfr as I • shall COe01T wttn fe • •� ` L - \ construction. TRACT C•2 12.100 SF ��"� �. 0�P ' �oP SPRUCEW000 GLt _... . _ . _ - _ (A RESUBDIVISION OF T iI TRACTF AND LOT a GLEN SUBDIVISION) Clri OF NEX&I BID risotto ?� CERTIFICATE OF OWNERSHIP AND OEDICAT'ION PLAT APPROVAL Renoi,AH 994I0 Na hereof sews/fy tnat re ere the owners of the property into ale% was Approved OV ine wENAI shown And afatr/pea harsoa Ina that we hereby scoot tills Olen PENINSULA GOROUGN PLANNING CON14155ION A, of subdivision end dedicate all rlgnt-Of-ways to Oubllc use anal at the meeting 01 grant all easements to the use -shown. •' ' 1 toes NENAI PENINSULA 80ROUON �• eT _ AYtnOrlted OIIIga1 L T� Ill ACRES SMATLI RIIIY AND THE S61/401 THE CITYOFHfNAI AN Prepared IF M to OATS 3/0/006 !• It I n ineers As -b��% �•c:�� 1 .y is -Feinc.9 O 2 s • 1 J` J 1 1-w L= a co I- 0 0 � w a le + 014�a:w - • ' Q CL 0 r•1 � TG 1 • is -Feinc.9 O 2 s • 1 J` J 1 1-w L= a co I- 0 0 � w a le + 014�a:w - • ' Q CL 0 r•1 � TG 1 • it i' , s k t { f ''OF K F N A I „ Oil ( .. ; c/ 4"" ! 110FiDALGO KENALALASKA 6811 ^ _ TELEPHONE 283.7535 MEMORANDUM TO: Janet Loper, Planning Specialist FROM: Jack LaShot, City Engineer SUBJECT: Vacation of 4,200 sq ft of Sprucewood Glen Rd, Sprucewood'Glen S/D - Lowry 8 Partee DATE: July 18, 1986 The portion of right-of-way in question, at this time, has a retaining wall ' running through it. I have previously requested of Mr. Lowry that this wall be removed from the right-of-way or attempt to vacate it. The petition to vacate states the reason for vacating is "to provide a cul-de-sac on Sprucewood Road thus maintaining the necessary right-of-way there and allowing for a truck turning radius on Lot C-IA." This vacation would not change the physical layout of the existing paved turn -around, however, it would eliminate the retaining wall from the right-of-way. The question, it would seem to me, is whether the developer should be allowed to vacate the property to eliminate his problem and gain property in the process. In any event, from Public Works point of view, it would solve the retaining wall problem. L s:c`. 0 r 6 CITY OF KENAI %Od Cal 4 4"„ 210 PIOALOO KENAI, ALASKA 08811 TELEPHONE 283 • MIS August 12, 1986 MEMORANDUM To: Kenai City Council From: Kim Howard, Administrative Assistant Re: Mutual Partial Rescission & Release Phillip L. Evans/Lot 3, Block 5, CIIAP Attached for discussion is a Mutual Partial Rescission and Release which would permit Mr. Evans to rescind Lot 3 of his Lease which currently incorporates Lots 2 and 3 into one document. The previous Lease rate for Lot 3 was $897.75, the new rate is $3,486.60. Attachment /k i i I MUTUAL. PARTIAL. RESCISSION AND RELEASE (Recitals) Phillip Evans is the Lessee of two psreolo of City property located within the City of Kenai, Third Judicial Recording District more particularly described as Lots 2 b 3, Block S. Cook Inlet View Industrial Air Park. Phillip Evans lesson the properties pursuant to a written lease recorded at Book 109, page 881 in the Kenai Recording District. The lease of both, Lots 2 and 3, Is incorporated into one document (hereinafter "Lease"). Pursuant to the renegotiation clause of the leave, the City hoe asked Phillip Evans to pay an increased rental on both properties. Due to circumstances beyond his control, Phillip Lvans desires to rescind hie lease as to Lot 3, Block 5, Cook Inlet Industrial Air Park, and continue to lease Lot 2 under all the same terms and conditions except as to the increased lease rate. In order to rescind and release Phillip Evens from that - portion of the lease pertainlnq to Lot 3, it is the City's desire to delete from the lease any obligation by Phillip Evans as to Lot 3 from the date of the rescission. Accordingly:' (Partial Rescission) t KNOW ALL MEN BY THESE PRESENTS: That on the day of , 1966, PHILLIP L. EVANS, and the CITY OF KMI, do hereby mutually rescind that certain portion of the Lease dated April 21, 1977, and recorded on June 20, 1977, in Book 109 at Page 881, in the Kenai Recording District, Third Judicial District, State of Alaska, which relatt- to the following described reel propertyt Lot 3, Block 5, Cook Inlet Industrial Air Park That in consideration of the mutual rescission and termination of the portion of the Lease relating to Lot 3, Block. 5, Cook Inlet Industrial Air Park, PHILLIP L. EVANS and the CITY OF KENAT are each finally discharged as to the other on this portion of the Leese. No representations have been made by one party to the other that this Rescission is not effective until all parties have executed it. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF KENAI Date: By= m. J. Uriqhton City Manager ATTESTt , City user r:M ROGERS city AttoAMy cm OF KIND: roonto wgAt. AIALA 99616 M tiw 1 a i a Tim ROSERS UIv A"Opdv CITY W xINAI r a MA r�AIY. AIAWA 9%11 M n» Date: INDIVIDUALLY: Phillip L. Evans STATE OF ALASKA I )se THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1986, PHILLIP L. EVANS, individually, being persons y known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoinq instrument. _ Notary Public for Alaska My Commission Expirea: STATE OF ALASKA ) )se THIRD JUDICIAL DISTRICT ) THIS 1S TO CERTIFY that on this day of 1986, WILLIAM J. BRIGHTON, City Menage— the city oT Ke Alaska, beinq personally known to me or having produced satisfactory evidence of Identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: 2 L d ` 7 1 is a a 1 No KENAI : ' ALASXA •: . KENA/ ` Ar •_ ' i ( CITY OF is -'� .� �0•is•t � ,• •� •, •• ,R� •• � • +,,..w moo 106 • o � + o � y °o $ o v*� 4 _ j - r 7- 1 .s CITY OF KENAI E 210 FIDALAO KENA1, ALASKA 99611 k TELEPHONE Z63.MIS i August 14, 1986 Al MEMORANDUM To: Kenai City Council ?` From: Kim Howard, Administrative Assistant Res Extension of Construction Schedule - Dan Pitts Lot 3A, Block 1, FBO Subdivision . At the regular meeting of the Planning and Zoning Commission on August 13, the Commission unanimously approved a two year i extension of the construction schedule for the above -referenced #} lot. The construction completion date is September 1, 1986. This leased lot is intended for use as a hanger facility. As noted in the attached letter, the construction of the facility is to begin in the Spring. Attachments -. { i c\ I c t c i Kim Hward August 6, 1986 -= Administrative Assistant City of Kenai Re: Lot 3A Block 1 FOO Subdivision Completion date 1 Dear Kim: Please inform the City Council that I would like a two year extension f on proposed construction completion. To date I have nearly completed {. fuel service equipment installation and hope to start on the hangar this Spring. v $ 5 1 �i C"rely, �.I f � Dan Pitts L t -i 1 1 1 1 .f; � lti��,P ;.chi � �i) •F- ,f 3 4 Pao 540/;J1S10,10 Oe o .S �L, 2. :� a \�i• a fy\ c Q• Oj\ V 82 0 0 02 J a � ° \ sp • `r ' d / C' J CITY OF K 210 FIDAL00 KENAI, AL TELEPHONE 2113 August 14, 1986 MEMORANDUM To: Kenai City Council ,`f/ From: Kim Howard, Administrative Assistant W4 Re: Extension of Construction Schedule - O'Connel Tract A, Kenai Municipal Reserve Subdivision At the regular meeting of the Planning and Zoning Comml August 13, the Commission unanimously approved a one y( extension of the construction schedule for the above-rt lot. The original construction completion date was Septembei An extension was granted to September 1, 1986. This is intended for use as a paved parking area. As noted attached letter, the construction of the facility is t, this Fall. Attachments /k I r < Dennis A. Swarner, O.D. Robert D. O'Connell, O.D. Doctors of Optometry Drawer 4370 Kenai. Alaska 99611 Telephone (907) 283-7575 July 29, 1986 City of Kenai 210 Fidalgo - - -"_- Kenai, Alaska 99611 Gentlemen; Y. We, Robert D. O'Connell and Dennis a. Swarner, are requesting a one year extension on the completion date for our parking lot on Tract A, Kenai Municipal Reserve. We presently are having our plans finalized by Carmen Gintoli and hope to be building this fall. Sincerel , Robert D. O'Connell, 0. . i i ll'�O)American Optometric Association j 7 9 9s�Vos sA'pSi� 0 9 ` s's .4 e.s ss L� ss N?;'o , AS Na, 43,s,.w A I$•09 10' UTIL. EASEMENT p a TR. ry A ry 7, 66 7 s.f. -•� 1 .� .4 I 800' K CINITY MAP pRT10N ,I Q 1 vc� . a. 0 W 1 ry ry A ry CITY h` OF 3.4 KENAI t t 3.24 t 1851•$ 1982 1 ? d 0 Al � ry 2 ry 1 � SSdo blu f f—l/ LOT i.'Dot 0i`: 1 --`�APPROX. LOC OF EXIST. CREEK ^">�4) 4 i 1 G .i L L I CERTIFICATE OF OWNER 1 HEREBY CERTIFY THA OWNER OF THE PROPER - AND THAT SAID ADOPT! 1 FURTHER CERTIFY THt DEDICATES ALL RIGHT •� GRANTS ALL EASEMENT 1 ILLI J. BRIG N. C1l CITY Of ENAI P 210 FIDALGO KENA1, AK 99611 i I —11 L. -.. . G � 1 iF k r 1 _ FI { x 1 - MEMO TO% Kenai City Council FROM: Charles A. Brown, Finance Director DATE: August 14, 1986 ' SUBJECT: Amendment to 1986 Municipal Capital Grants The State of Alaska has asked the City to sign the enclosed amendment. The amendment covers 1986 municipal grants. To my knowledge, the only affected grant would be the $1,100,000 road grant. The amendment would: 1) Reduce the portion of the grant available this fiscal year to.35% of the total. That means only $385,000 of the $1.1 million would be currently available. 2) Possibly limit our right to ask OMB to increase the available funds this fiscal year. 3) Change the reimbursement method so that the initial 20% advance must be spent before further reimbursements will be made. 4) Allow the Grant Administrator (the State) to terminate the grant when it is in the best interest of the State. The attached letter says that the Department of Administration will not process the grant until we sign the amendment. The City Administration requests a motion to have the Mayor sign the amendment. DEPARTMENT OF ADMINISTRATION DIVISION OF ADMINISTRATIVE SERVICES HILL SHF.FFIELD, GOVERNOR P.O- BOX C JUNEAU• ALASKA 80811.0208 (907) 465-2290 August 11, 1986 City of Kenai 210 Fidalgo Kenai, AK 99611 • Dear Mayor: By now you have received a letter dated June 12, 1986, from Commissioner Andrews of this department regarding a municipal grant appropriated by the Legislature during the 1986 session to the City of Kenai. There have been several changes in the Municipal Grant Program recently. This letter is to - 5t explain how those changes affect your Capital Improvement Project grant and what you must do to receive the grant. A letter explaining the changes to operating grants will follow this letter shortly. If you have not yet returned the grant agreements and ordinance or resolution, that must be done as explained in the Commissioner's June 12, 1986, letter. In addition, I have enclosed two copies of an amendment to the agreement form which must also be read, signed and attached to each copy of the grant agree- ment forms. Then send both copies of the signed grant agreement, with the ; F signed amendment attached to each copy and an ordinance or resolution accept- ' ing the grant to our office to begin processing. ' If you have already mailed the signed grant agreement forms to us, then you need to simply sign and return the enclosed amendment forms. Be sure to sign i and return two copies of the amendment for each new grant. tie will attach them to the grant agreements and begin processing the grants. The amendment t a explains that although the amount of your appropriation has not -changed, the ! ► amount available during this fiscal year is limited to 35% of the original [appropriation - until at least July 1, 1987. Xt that time it will be determined to what extent additional funding will be available. We will make 100% of the r 9 rant amount available to you on those grants of $50,000 or less and 20% of those grants over $50,000. Then in order to receive additional monies, the -' -_. n amount re entire advance must be spent and the quested for reimbursement must ...�, also have been spent or at least a current payable must be in your office. _ will not be able to pay more than 35% total of your grant unless you have CWe prior written approval from the Office of Management and Budget, Division of 1 Budget Review, P.O. Box AM, Juneau, AK 99811. They will determine on a case }: by case basis the extent to which additional funds are available, or approve { your proposed reallocation of funds between projects. We will take direction -. If you from that office to determine if written approval can be granted. -. - ..i OZ•S/2LM .i ` City of Kenai .2- August 11. 1986 intend to request a reallocation of funds. -DO NOT RETURN THE GRANT AGREEMENT OR AMENDMENT UNTIL AFTER THE APPROVAL HAS BEEN AUTHORIZED. REALLOCATION APPROVAL WILL NOT BE ALLOWED AFTER YOUR GRANT HAS BEEN PROCESS Also enclosed, you will find a supply of revised financial reports. As you will notice a major change has been made to this report. It will be necessary for you to provide a list of expenditures including date, amount and the vendor for those expenditures reported during the report period. If this information is not included on the Financial Report or if it does not match the amount of expenditures reported during the period, it could delay future reimbursement payments. This form will be used for grants awarded this year and for all prior year grants as well. We look forward to processing your grants as soon as possible. With your .cooperation we should have few difficulties. If you have any questions. about the amendment to your grant agreement or the new Financial Report, please contact Keith Gilmore at 465-2290. GMB/cfm 1F5/15-16 1/1FL1/0811-02/60 Enclosures Sincerely, . AV& A�er Director 1 ' I a I I i l S i� .. L ._ i AMENDMENT TO THE STANDARD AGREEMENT FORM FOR MUNICIPAL GRANTS For all grants of greater than $60,000, twenty percent of the grant shall be paid as an advance to the grantee within ten days of the effective date of this agreement. Subsequent reimbursement payments will be limited to the amount of grantee expenditures that exceed the initial twenty percent payment to a maximum of an additional fifteen percent of the grant, subject to available valid appropriations. Additional reimbursement payments will not be made before July 1, 1987, unless rigor written approval is granted by the Department of Administration. No reimbursement payment will be made either before or after July 1, 1987, until the entire twenty percent advance it expended and additional expenditures are incurred. Expenditures are herein defined as actual cash outlays or current payables. The Grant Administrator, by written notice, may terminate this agreement, in whole or in part, when it is in the best interest of the State. The State is liable only for payment in accordance with the payment provisions of the „ agreement as amended for services rendered before the effective date of termination. This amendment pertains to all municipal grants appropriated by the legislature in 1986. By signing this amendment, the participants agree to and will abide by its terms. Grantee: State of Alaska: By: By: f Off Ca to Date L FA W n onrman vincent ctin-soli. aro'4hRoct 130 trading bay road, suits 330 o - kenak alaska 99611 907 283.7732 �`z- P,:L August 12, 1986 City of Kenai 210 Fidalgo Kenai, AK 99611 Attentions Wm. J. Brighton, City Manager G- -1 D Dear Bill: Regretfully I must inform you that I am unable to purchase the Professional Liability Insurance required by my Contract for services a� on the Flight Service Station. My agent has informed me that my premium will be $27,000 for this year. Quite frankly, I cannot afford that amount. My current policy - for which I paid $35,000 last August - expires on August 31, 1986. With that expiration, coverage on all projects I have completed over that past 8 years also expires. I will continue my efforts in performing observation services on the Flight Service Station and in closing out the Library project until I hear otherwise from you. Should the City Council Members wish to discuss this problem, I will be in attendance at the August 20, 1986, Council Meeting. Sincerely, carmen vincent gintoli, architect /L �C Carmen V. Gint li CVG/bd Copy: File L A 0 ral y if '! > MEMO TO: Kenai City Council - FROM: Charles A. Brown, Finance Director '. DATE: July 24, 1986 SUBJECT: Classification Study ' Janet Jaron will be in Kenai on August 27 and 28, and has 4 asked for a worksession with Council on one of those evenings. Please set a worksession date and time. L L r- :E CITY 4F KENAI 210 FIOAL OO KENAI, ALASKA 99e11 TELEPHONE 283. 7M August 20, 1986 Janet Whelan, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Re: Late Filings of Municipal Candidate Conflict -of -Interest Forms Dear Janet: Inquiry has been made regarding municipal candidates for elected municipal office not having filed a conflict -of -interest statement contemporaneously with other required documents. A chart depicting elective positions and candidates in the scheduled October 5, 1986 Kenai Municipal Election has been prepared and is attached hereto and incorporated herein as "Exhibit A." This chart shows the status of various required filings by the various candidates. Two incumbent municipal officers have filed, along with one Planning & Zoning Commission member. Councilperson Chris Monfor has filed for re-election as a councilperson. Councilperson Ray Measles has filed as a candidate for mayor. Planning & Zoning Commission Member Ozzie Osborne has also filed for the Council. Measles and Monfor previously filed conflict -of -interest statements on or before April 15, 1986 incident to their positions as councilpeople, whereas Osborne filed a conflict -of -interest statement on or before April 15, 1986 incident to his membership on the Planninq & Zoning Commission. These candidates filed conflict -of -interest statements pursuant to AS 39.50 and 2 AAC 50.130. The filings by Measles, Monfor and Osborne represent the "...other required filing..." provided for as an alternative in AS 39.50.020 which states in pert, 1 L L I '• f "Candidates for elective municipal office shall file such a statement at the time of filing a nominating petition, `! declaration of candidacy, or other required filing for the elective municipal office. Refusal or failure to file within the time prescribed shall require that the candidates ( filing fees, if any, and filing for office be refused or that a previously accepted filing fee be returned and the candidate's name removed from the filing records." 4 It is intuitive from a cursory glance at the attached chart and a -. . reading of AS 39.50.020 that there was not a timely filing of conflict -of -interest statements by either Gerry Sibley or John Williams who filed various other documents incident to the mayor's position nor was there a timely filing of a p conflict -of -interest statement by Art McComsey, who filed other , r. documents relative to the council election. The statutory language is mandatory, not discretionary, and there is no candidacy as to these individuals. i... Research by the Acting Clerk indicates that as to prospective candidates Sibley, Williams, and McComsey, their conflict -of -interest statements either were not returned to the City offices or were returned after other required filings and 3 subsequent to the August 15, 1986 filing deadline. The Acting City Clerk is attempting to contact the City Clerk who i is out-of-state to attempt to ascertain any other relevant facts which may have transpired prior to the August 15, 1986, 5:00 p.m. i filing deadline. Problems were first noted by the Acting Clerk on Monday, August 18, 1986 when prospective municipal mayoral candidate Williams attempted to file a conflict -of -interest statement with the Acting Clerk. ' Failure to meet the deadline for filing financial disclosure statements required by AS 39.50.020 has been addressed by the 1 ] j1 courts of Alaska and they have come down on the side of strict I I enforcement. Citing, Silides v. Thomas et al., 559 P.2d 80 J (Alaska 1977); Falke ve-State of Alaska, Opinion No. 3038 -- April 18, 1986. On the trial level, the Court found in Silides that deadlines i -= ----- - --- ----- imposed per requirements which must be met by would-be candidates _. before they may qualify to have their names placed on the primary ballot are strictly construed and strictly enforced. The Court in Silides further found that AS 39.50.020 expresses the deadline for the filing of financial disclosure statements 7 which must be "strictly enforced;" and that "there is no 2 4 t• A ambiguity concerning what that deadline actually in." The Supreme Court further held that substantial compliance with the filing deadline is "not sufficient." Other cases have held the rule for statutory candidate election deadlines is strict enforcement. McGinnis v. Board of Supervisors of Elections, 244 Md. 65, 222 A.2d 391, 393 (Md. 1966); Chamberlain v. Board of Supervisors of Elections, 212 Md. 342, 129 A.2d 121 1957 ; State v. Zimmerman, 257 Wis. 443, 43 N.W.2d 681 (1950). The reasoning behind the strict construction was enunciated by the Supreme Court of Vermont in Ryshpan .v. Cashman, 132 Vt. 628, 326 A.2d 169, 170 (1974): "The [public official responsible for administering elections] is not authorized to alter or amend mandatory statutes at will, but is bound to follow their requirements, subject only to whatever authority he may be given within their provisions to make or whatever extent directing he may, by law, be bound to obey. To say otherwise would be to invite individual [officials] to render election law confused or chaotic, or to ignore it altogether, according to their personal evaluation of circumstances." This then is ample reason that AS 39.50.020 vests no discretion. In fact, while the court envisioned some sort of "substantial compliance" that would soma how meet the mandatory requirements of the statute in the Silides case, they backed off that in April, 1986 in the Falke case by embracing strict compliance as the rule, and as a well -established legal principle to be strictly enforced and cited Andrews v. SecretarX of State, 200 A.2d 650, 651 (Md. App. 1964 : "[W]here the election statutes fix a date for filing petitions or certificates of candidacy, such documents must be filed before the expiration of the time fixed, and [the] election officials may not exercise any discretion in the matter." The Alaska Supreme Court's language, in fact, was unequivocal in stating: "The election laws mandate, in plain and unequivocal language, that a candidate physically deliver a declaration before 5:00 p.m.,' end that a 3 V 4. IN 1 1 {� 4 conflict -of -interest statement be 'simultaneausly filed.' AS 15.25.040(a)(1) and AS 15.25.030(b). This statutory scheme does not in any way suggest that a declaration or a conflict -of -interest statement completed after the deadline should be deemed timely." The Court left no loopholes or alternative basis. Furthermore, the Alaska Public Offices Commission (APOC) publications and other literature was specific in giving municipal candidates notice of the requirements concerning conflict -of -interest statements. The manual of instructions given to candidates from the APOC office at page four states that: "A candidate for any elected municipal or borough offices is required to file a statement, at the appropriate local clerk's office when filing a nominating petition, declaration of candidacy, or other required filing." A letter from APOC over Executive Director Theda Pittman's signature and directed to the candidates in the City of Kenai election states in the second paragraphs "You need to complete a Conflict of Interest Statement and file it with the municipal clerk at the time you become a municipal candidate. AS 39.50.020(a) directs that those who refuse or fail to file must be taken off the ballot. If you need assistance in completing the form, please call Jane Bercot at 276-4176. (If you already have a 1986 Statement on file with the municipal clerk then you need not file another one.)" Generally, State election laws apply to municipalities with over 1,000 persons unless the municipality exempts itself from such regulations, see AS 15.13.010. To date, the City of Kenai has not taken any action to exempt itself. Under AS 29.28.010, city councils are to provide the general rules for elections within municipalities. It'-should�be noted that this statute specifically apply to home -rule cities. In addition to AS 29.28.010, the legislature has made it very clear that the nomination procedure is also to be set out by city council ordinance, see AS 29.28.015. 4 L L J _11 L z 'F _ t �F 3. -3 3 r In order to comply with the State statutes, the City enacted KMC 6.05.250 which provides that the rules and regulations made by the State Director of Elections also applied to City elections "insofar as they are applicable." This same language is repeated in the City Charter at Section 10-11. The obvious intent of the "insofar as" language is to require compliance with State statutes until such time as individual provisions are superseded by City code. In order to provide for an orderly election, the City needs to comply with AS 29.28.015. To do so, the City enacted KMC 6.10.010. This provision suggests that any qualified person may be placed on the ballot by filing with the Clerk a sworn statement of candidacy between August let and 15th each year. The additional requirement of the contemporaneous filing of conflict -of -interest forms is found within the State statutes. Municipal election dates are imposed by statute. AS 29.28.020 provides that the regular election date for municipalities is the first Tuesday in October of each year. This State provision is reflected in the City Charter at Section 10-1 where the same time lines are provided. Specific references to State elections can be found in AS 15.15.020. In conclusion, you should return filing fees, if any, to attempted candidates Sibley, Williams and McComsey and remove their names from the filing records. Sincerely, C 0 K Tim Rogers City Attorney TR/clf Attachment cc: Mayor Councilmembers City Manager Thede Pittman, Executive Director, APOC Ozzie Osborne, Planning 8 Zoning Commission Member John Williams Art McComsey Gerald Sibley L 1 EXHI IT "A" w U co 0coo O coo Goo N H 41 C .-� W Aj a co 00 N 00 N y U U o d w d a 10 a co co q a-4 ao z ac x a f+ U N\ V woo N .D to "4 N W M a W W `� w w w ° �� --> �Go �+ co 0 c� c o: w w o• d z d a 0 t� cow .n tj 20 A d %o ao 0o ao op is u s. ao % co %� q W ..+ .r ..� .-a Co rl 0o H a o co o o a`o co a b � �-� 0 (n co Co .fir 0 z a : o 0 0 o N b 64 0 0�i d 00)i f0y)i w a N C .G i 4 N a cc W y 0 0 CQ6: �+ u Mapl 64 G9 "O P7 .i L L_ i w h 1 _)t . 1 V .t r a A CITY OF (?a4 y4�" 910 FIOALGO KENAI, ALASKA 99611 TELEPHONE 283 - MIS TO: Councilmembers City of Kenai FROM: m Rogers, City Attorney ity of Kenai DATE: August 15, 1986 RE: Conflicts The following is distributed to the Council in order that they may be better informed regarding potential conflicts. Much of the following is a result of research in order to answer specific inquiries of councilmembers over the last four years or for dissemination to individuals to assist them in avoiding prospective conflicts or conceivably extricate them from a situation where a conflict did in fact exist, or might give the appearance of an impropriety. Your attention is called specifically to the Kenai City Charter, Section 5-8 which provides that the City Administrator or Councilperson cannot sell, barter, purchase from, or make a contract with the City unless the transaction is one which the City generally offers to the public. Penalties for violation of this section include forfeiture of office. The Kenai Municipal Code, Section 1.85.060 is broader than the Charter covering municipal officers, appointed commission members, and City of Kenai employees. This Code section prohibits the listed individuals from soliciting or receiving money for advice or assistance given in the course of the individual's duties with the City. The listed individuals may not accept money gratuities, etc. with an expressed or implied 1 L 0 Y 3 i_ agreement to influence a vote, opinion, judgment, etc. Subsection (d) addresses voting of councilpersons and prohibits them from voting on anything in which they a direct or indirect interest. While state statutory provisions are not as specific as the Kenai Municipal Code, they are generally duplicitous and AS 29.23.555 provides in part that: "Each home -rule and general law municipality shall adopt a conflict -of -interests ordinance which, other provisions of this chapter notwithstanding, includes provision that'•on officer or employee may not participate in any official action in which the officer or employee has a substantial financial interest..." While AS 29.23.555 is a very broad directive to municipalities, it provides that it can be superseded by specific local legislation which has occurred in this case in the form of KMC 1.85.060. ' In addition to AS 29.23.555, AS 39.50.020 at seq. contains conflict of interest provisions which are more specific than AS 29.23.555 (??) and municipal officers are required to follow these provisions unless the local electorate exempts the city officials from the requirements (AS 39.50.145). Kenai has not exempted City officials from Chapter 39.50 and the City officials are bound by these requirements. The requirements of Chapter 39.50 are, however, virtually the same requirements already imposed by KMC 1.85.060 (KMC 1.85.060 was undoubtedly modeled on AS 39.50). Generally, a conflict of interest occurs when the public interests and loyalties of a local official are in conflict with his/her private interests and loyalties. State and local conflict of interest legislation seeks to prevent situations which this conflict comes into play. Often these laws are also directed avoiding situations in which an individual's actions may appear to be compromised. The situation in Alaska is complicated by the fact that in addition to specific legislation, there are common law standards which may be applicable, which are not well-defined and therefore produce uncertainty in determining what conduct is acceptable. However, the common law standards are generally strict, prohibiting not only actual impropriety, but also requiring avoidance of giving even the appearance of impropriety. 2 J +(4 d. I1(I li l i .3 f, .. s While it my seem intuitive that a councilperson should not vote on a matter in which they have a financial interest, it should also be noted that a councilperson should not participate in deliberations relating to a matter in which they may have an interest, nor should they testify nor advocate before the Council on that matter. In such a situation, an affected councilmember should also avoid contact or discussions with individual members on any matter before the Council. A suspect interest would include one which was indirect as well as direct, or one possessed by a family member or another person with whom the councilmember has a financial relationship. The aforementioned restrictions would not be applicable where the• benefit was merely an incidental benefit as a member of a larger class or as a member of the public. Some may think that the conflicts problem is surmounted by disclosure of the potential conflict in an open meeting so that t the disclosure becomes a matter of public record, and for the councilmember to abstain voluntarily from taking any action without approval of the other councilmembers. Disclosure does not cure the conflict, it only makes the conflict a matter of public record. '• A common law principles and prohibitions relevant to conflicts of interest are most important in the municipal context where principles of separation of power do not apply and councilmembers act administratively as well as legislatively. In the municipal context then, there may be an offer of goods or services to the City be or through a councilmember which that same councilmember is then in position to act upon as a councilmember. Should there be specific factual situations which individual councilmembers desire to have addressed by the Legal Department, we would welcome written requests in advance of the situation becoming an issue in order that we may appropriately respond and give the individual councilmembers guidance should they so desire. TR/clf 3 1 CITY OF�a . 210 FIDAL00 KENAI, ALASKA 995" TELEPHONE 293.7535 w MEMORANDUM TO: Councilmembers City of Kenai FRO. m Rogers, City Attorney City of Kenai DAT : August 13, 1986 RE: Lease Renegotiations This memorandum was prepared in an effort to help the City Council understand ongoing negotiations with lessees. As some Councilmembers may be aware, in the past these negotiations have led to litigation. In order to avoid possible litigation down the line, the Legal Department has prepared a procedural plan for dealing with the lease renegotiations. Accompanying this memorandum is a spreadsheet and procedural flow chart prepared by the Legal Assistant which detail how the negotiations are being conducted. The spreadsheet, for the most part, is self-explanatory and delineates the status of each individual lessee up for re-negotation in 1986. The codes that go with the respective columns are attached to the back of the spreadsheet on individual pages. It should be noted that there are five different renegotiation clauses written into these various leases. Each individual clause determines how the various re -negotiation processes are conducted. Unlike the spreadsheet, the flow chart is not easy to comprehend. In order to aid the Council in understanding the proceedings, a narrative follows herein in which the various steps of renegotiation are discussed. Box (1) indicates the lease file as it is maintained at City Hall. To initiate renegotiation, the Administrative Assistant sends a re -negotiation notice to the lessee (2). The question 1 In I 1 F .. 'r i i then becomes under (3) whether this notice is effective or not. If for instance the lessee does not pick up the notice or 'something happens to the mails whereby the lessee does not A receive notice, then the chart returns the reader to (2) and i .ago-ther-•ire-negotiation notice is sent. If the notice is effective -,_then the question becomes whether the amendment has been signed (4). If the lessee signs the amendment without any protest, the lease is returned to the lease file and that is the end of the re -negotiation process as to that lessee. If however, the lessees protests the proposed increase in rent (5), certain things must happen. If the protest is oral, the Administrative Assistant should send a letter to the lessee demanding that the protest be reduced to writing (6). If, however, the lessee protests in writing, then the Administrative Assistant forwards the file to the Legal Department (7). If no protest is -- forthcoming, then the Legal Department proceeds with eviction (20) which is discussed later in this memorandum. Once the Administrative Assistant has forwarded the file to the Legal Department, the Legal Department addresses the basis of the ii protests (8). There appear to be several general categories of }i protest which many of the lessees raise. These include questions ;i of whether they are entitled to a 5Oo cap and whether the City is (; negotiating or simply redetermining. Other protests can include just a general objection to the dollar figures, miscellaneous objections, and notice requirements. If the notice is not a -- effective (9a) the process starts all over and the reader is returned to (2). If however, the notice is effective as determined by the Legal Department, the Legal Department then sends a letter (10) addressing the protests. If there is a response (11) to this protest, in the form of further protests (12), then the protest process starts again from (5). 1 If however, there is no response from the lessee or there is no Y further protest,•then the question must be asked whether any negotiation has been initiated at all (13). If negotiation has been initiated in some manner and it is successful (14), then the process is to have a lease rate set (18). If however, the negotiation has not been initiated, the question needs to be asked whether arbitration is available and/or required under the lease (15). If no arbitration is available, the Legal Department proceeds to the eviction procedures set under (20). If arbitration is available, then the City appoints an arbitrator (16) end notifies the lessee and demands that the lessee appoint a second arbitrator as required under the lease clause. The _ question then is whether the lessee appoints the second arbitrator (17). If the lessee does not act and does not appoint an arbitrator, eviction proceedings are initiated under (20). If 2 S ; the -lessee does appoint a second arbitrator and a lease rate is eventually set (18), the procedures determine whether the amendment was signed (19). If the amendment is signed, then it obviously returns tothe lease file, and that is the end of the negotiations'. If however, the amendment has not be signed, then the eviction proceedings are invoked (20). The first step in the eviction procedure is for the Legal Department to send a notice to quit the premises to the lessee. If there is response (21) in the form of a protest, then the protest procedures are again invoked at (5). If however, there is no response to the notice to quit the premises, then the Legal Department is forced to file a forcible entry and detainer (FED) proceeding (22). The litigation process is outside the parameters of this flow chart, however it is assumed for purposes of this chart that the property is eventually restored to the City (23). In the past this has generally been how the City FED's have been resolved. TR/clf 3 -11 r r It{ i r � C Q � E � • � �• Q I P � n � C ► gP Ire vy; „ill "• =� ' r. Y� ��+ : Y Y � r � 4 ! Y a r r I�;• YY: Y" PI - I •;•rrf � I � � t< 1 •• iC�C S 9 0 Rai Ia !aa<I � I IM I a a s t a s as stl a toss SIX Ii _I ti a � x ;, •s I � u was I ++ q qqSS I�_ •e L � • hh }� QQ¢¢�yy � I I• 1 $ I I 1 � I ! •ge 1 i F "a I euu L Y. 8 7 x $ I F "� SIS 8�8 ��• g OOOFI `OOpI b pQ � c F. }u g J Ng a Q g �( p� uu �{ g 8pGGp g 4 4 g$ 8 H $@ 9 4 § b $ t ` a a < • a a � �w V jj V11 YY al I I .. ► !�o lol Ir L 7.1 r� t 1 r E The following clauses are excerpted from various leases The clause can be -matched to the lessee by referring to the clause column of the spreadsheet. As near as can be determined, James Fischer was the City Attorney when leases containing the A and B clauses were 'r drafted. Ernie Schlereth drafted the D clause. Ben Delahay drafted and/or approved the C clause. jjj Tim Rogers drafted the E clause. Problems (such as those encountered in the Ferguson Litigation) ;'. arose when leases fadled to include paragraphs 10 and 33. ,f Ferguson's lease is an A type lease. Essentially, someone left off paragraph 33. lo. In thy event this louse is for a term in excess oC five (5) years, thi of rents or fcos spectriud heroin shill be subject to renegotiation amount for increase or decrease at intervals of rive (5) 7cars from the 1st day of July procudin3 the efructivi, datu of this luuse. • 1 j 10. In thy event this loose is for a term In excess or five (5) years. the at -.cunt of rents or fees specified heroin shall be subject to renegotiation from the let day of > for incroaso or dooroaso at intervals of five (5) years July preceding the ofreetivu dato of this lease. 1 _ .... .. .. 33. When increases or doeroosos in the rout payment to the CITY rail by the no3otiation at t`fo rive -year intervals, t. a S of dr:turmination parties than the question of the amount or increases or decrease in rental payments determined by a Hoard of Appraisers. The Board of shall be collectively appraisers shell utilize aocoptod appraisal methods and criteria in arriving Said at the determination of the sum of the increase or decrease. 1C any. of throe members, unless othorwiso a Board of Appraisers shall be composed e�,roed upon, with one member to be chosen by the CITY and the other mombvr --_.,-"--- — --- to be euponIsen b the Lr581;E, with the third member to bu seleetcd by the two In the uvunt the membura scloetud by the parttoa _ t member initially 901,etod. con not o roe on the third board mumbor, such mumbur may bo appointed by the Superior Court or the State or Alaakas.upon application of ulthor of the 1 parties. ;f ,t 1 •, ll i_ t + C 9. RE;iT..ESCaLOTt4ti: In the event thin Lease is for a term in excess of five (5) years, the amount of rents or fees 4 r specified herein shall* at the option of either party, be subject to redetermination for increase or decrease based on the _�il._... percentage rate (set in C.I. above) of fair market valve at intervals of five (5) years from the lot day of July preceding the effective date of this Lease. No increase or decrease in the ,l.. amount of rents or fees shall be effective, until after thirty (30) days written notice. Fair Market Value is defined an "the highest price estimated in terms of money which a property will bring if exposed for sale on the open market allowing a reasonable period of time to Find a purchaser who buys with knowledge of all the uses to which ie is adapted and for which it is capable of being used." This Fair Market Value will be based on the condition of the land on the date of this lease plus the value of improvements, if any, made by the City subsequent to the f date of this Lease which would affect the value of the property. At each five (5) year interval, the City will have the fair market value determined by a qualified independent ' appraiser. The redetermined lease rate, annual rent, under this provision shall be limited to a fifty percent (50%) increase in the prior lease rate until the 30th year anniversary of the lease ±' after which the 50% cap provision shall no longer apply and the lease rate shall be redetermined every five years on the basis of fair market evaluation as indicated above. - If the Lessee does not accept the above appraisal as the fair market value as of -July 1 of the redetermination year, �. Lessee shall give written notice to City of such refusal within ,} 30 days after delivery to Lessee of the appraised valuation and the rental rate derived therefrom, and within 10 days after such „-, notice of refusal, the Lessee or the representative of the Lessee will meet with the representative of the City to select an impartial appraiser who must be a member of a recognized appraisal organization with a designation which denotes proficiency in the appraisal of commercial property from such '.s I organization. If the Lessee fails to give written notice of refusal iithin 30 daye c: to meet with a representative of the Cite with:.- :0 days after delivery of notice of refusal (or within any extension of such time granted by the City Manager !or good cause shown to him), then the rate as determined by the City will be effective and failure to pay that rate in full by Lessee will be cause for cancellation of the lease. .. t 12'the city and Lessee cannot agree on an appraiser as above provided, the City and Lessee shall each submit the name of such appraiser who has not rendered an appraisal on the property subject hereto within one year prior to Selection, the names will be placed in a container, and one will be drawn by lot. The - parties hereby agree that the appraiser agreed upon or so ' .selected will be retained for the redetermination appraisal, that each party will pay one-half of the fee and expenses of the r (, appraisal, that the appraiser will be informed that he or she is being jointly retained by the parties, and that the appraisal tenanted will be binding on both parties for that specific ( redetermination of rental rate, which shall be effective as of i July 1 of the redetermination year. r f; .. n i L ! J S; 4 fk t t i a s1 �4 tea+, i Protest Codes A..... 50% Cap B..... Notice C..... Negotiation D..... General $ E..... Miscellaneous Action Codes 10. Rent Fzrn:otion: In the event this Lease is for a term in excess of five (5) years. too amount of rentn or fees specified herein shall, at the option of either party, he subject to renegotiation for increase or decrense at intervals of five (5) years from the Iat dny of .Tuly preceding the et'tective date of this Lease. The amount of such rents or fees as roneentisted shall reflect the then prevailing fair market value of the lessehold. Mn increase or decrease in the amount of rents or fees shall be effective, except upon ninety (9O) days written notice. In the event the parties are unable to agree upon the amount of such increase qr degrrase, such amount shall be determined by three (3) i disinterested persons: one thereof to be appointed by the City Councils one to be appointed by Lessee, its successors or assignat and the third to be chosen by the two (2) persons appointed as aforesaid. The written determination of such three (3) persons shall be final and conclusive.- T Neither party shall commence legal action without complying with this Y provision. 1 . �E 9. RENT ESCALATION( In the event this Lease is for o term in excess '6 ive years, the amount of rehte or fees specified herein shall, at the option of either party. be subject to -redetermination for Increase or decrease based on the per- centage fate (set in C.I. above) of tatr market value. ihia lease shall first be subject to redetermination on July 1 1996 (due to the original lease by lessee having commenced on 3anuary 12, 1-967) and thereafter at intervals of five (5) years. No increase or decrease In the amount of rents or fees -shall be effective, until after thirty (30) days written notice. fair Market Value is defined as "the highest price estimated in terms of money which a property will bring if exposed for sale an the open market -allowing a reasonable period of time 'to find a purchasec'•who buys viith knowledge of all the uses to which it is adsppfed end for -which it Is ;capable of being used". this Fair Pferket Value will be based on the condition of the 1Bnd on the date of this lease plus the value of improvements, if any, made by the City subsequent to the date of this Lease which would , affect the value of the property. 1 At each five (5) year interval. the City will have the fair market value determined by a qualified independent appraiser. The redetermined lease rate, annual rent, under this provision shall be limited to a fifty percent (50%) increase in the prior lease rite until the 30th year anniversary of the lease after which the 50% cep provision shall no longer apply and the lease rate shall be redetermined every five years on the basia of fair market evaluation as indicated above. RN1:.... Renotice RL1:.... Response Letter 1 RL2:.... Response Letter 2 etc. AL1:.... Answer by Lessee to RL1 etc Rtcvd. NTQ:.... Notice to Quit Premises Sent ti - FED:.... File Forcible Entry and Detainer Action Payment Code N..... Lessee is paying redetermined rate 0..... Lessee is paying old lease rate ID.... Lessee is in default for non-payment L L r" r NEWS ON THE -FEDERAL SCENE The U.S. House of Representatives passed H.R. 352, rrn An0ing time measure. Under provision of egislation, which" now goes to the Senate, polls m close at 8:00 P.M. in the East, at 8:00 P.M. local tim the Central zone, and 7:00 P.M. local time in the M4 twin Zone. To minimize the disruption, the bill woulc tend Pacific Daylight Savings Time in presidential yi until after Election Day. Polls in the West would close at 7.00 P.M. Hawaii and Alaska would be exempted from the law. The Commission on National Elections, a bipartisan blue ribbon group, urged the President and Congress to designate National RepistratloaDay. to be held each election year on a wee ay in late September or early October, to promote increased registration and public education about the importance of elections. The Com- mission also recommended making presidential election day a national holiday with a half -day in the public schools for purposes of civic education. A L i1 #-y CITY OF KENAI „O,cl eapdal aG 4"„ 210FIDALGO KENAI,ALASKA 9901 -- TELEPHONE 283.7535 August 20, 1986 Janet Whelan, City Clerk City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Re: Late Filings of Municipal Candidate Conflict -of -Interest Forms Dear Janet: Inquiry has been made regarding municipal candidates for elected municipal office not having filed a conflict-of-intereet statement contemporaneously with other required documents. A chart depicting elective positions and candidates in the scheduled October 5, 1986 Kenai Municipal Election has been prepared and is attached hereto and incorporated herein as "Exhibit A." This chart shows the status of various required filings by the various candidates. Two incumbent municipal officers have filed, along with one Planning 8 Zoning Commission member. Councilperson Chris Monfor has filed for re-election as a Councilperson. Councilperson Ray Measles has filed as a candidate for mayor. Planning h Zoning Commission Member Ozzie Osborne has also filed for the Council. Measles and Monfor previously filed conflict-of-intereet statements on or before April 15. 1986 incident to their positions as councilpeople, whereas Osborne filed a conflict -of -interest statement on or before April 159 1986 incident to his membership on the Planning do Zoning Commission. These candidates filed conflict -of -interest statements pursuant to AS 39.50 and 2 AAC 50.130. The filings by Measles, Monfor and Osborne represent the "...other required filing..." provided for as an alternative in AS 39.50.020 which states in part, L "1 f 1 - - 9. "Candidates for elective municipal office shell file such a statement at the time of filing a nominating petition, declaration of candidacy, or other required filing for the elective municipal office. Refusal or failure to file within the time prescribed shall require that the candidates filing fees, if any, and filing for office be refused or that a previously accepted filing fee be returned and the candidate's name removed from the filing records." It is intuitive from a cursory glance at the attached chart and a reading of AS 39.50.020 that there was not a timely filing of conflict -of -interest statements by either Gerry Sibley or John Williams who filed various other documents incident to the mayor's position nor was there a timely filing of a conflict -of -interest statement by Art McComsey, who filed other documents relative to the council election. The statutory language is mandatory, not discretionary, and there is no candidacy as to these individuals. ' Research by the Acting Clerk indicates that se to prospective candidates Sibley, Williams, and McComsey, their conflict -of -interest statements either were not returned to the City offices or were returned after other required filings and subsequent to the August 15, 1986 filing deadline. '1 The Acting City Clerk is attempting to contact the City Clerk who is out-of-state to attempt to ascertain any other relevant facts which may have transpired prior to the August 15, 1986, 5:00 p.m. filing deadline. Problems were first noted by the Acting Clerk on Monday, August 18, 1986 when prospective municipal mayoral candidate Williams attempted to file a conflict -of -interest statement with the Acting Clerk. I s 4• Failure to meet the deadline for filing financial disclosure statements required by AS 39.50.020 has been addressed by the courts of Alaska and they have come down on the side of strict enforcement. Citing, Silides v. Thomas at al., 559 P.2d 80 (Alaska 1977); Folks Y. State of Alaska, Opinion No. 3038 -- April 18, 1986. On the trial level, the Court found in Silides that deadlines imposed per requirements which must be met by would-be candidates before they may qualify to have their names placed on the primary ballot are strictly construed and strictly enforced. The Court in Silides further found that AS 39.50.020 expresses the deadline for the filing of financial disclosure statements which must be "strictly enforced;" and that "there is no 1- Nu_ a 2 L 7 ambiguity concerning what that deadline actually is." The Supreme Court further held that substantial compliance with the filing deadline is "not sufficient." Other cases have held the rule for statutory candidate election deadlines is strict enforcement. McGinnis v. Board of Supervisors of Elections, 244 Md. 65, 2 2 A.2d 39 , 3 (Md. 1966); Chamberlain v. Board of Supervisors of Elections, 212 Md. 342, 129 A.2d 121 1957 i State v. Zimmerman, 257 Wis. 443, 43 N.W.2d 681 (1950). The reasoning Gehind the strict construction was enunciated by the Supreme Court of Vermont in Ryshpan v. Cashman, 132 Vt. 628, 326 A.2d 169, 170 (1974): "The [public official responsible for administering elections] is not authorized to alter or amend mandatory statutes at will, but is bound to follow their requirements, subject only to whatever authority he may be given within their provisions to make or whatever extent directing he may, by law, be bound to obey. To say otherwise would be to invite individual [officials] to render election law confused or chaotic, or to ignore it altogether, according to their personal evaluation of circumstances." This then is ample reason that AS 39.50.020 vests no discretion. In fact, while the court envisioned some sort of "substantial compliance" that would some how meet the mandatory requirements of the statute in the Silides case, they backed off that in April, 1986 in the Palke case by embracing strict compliance as the rule, and as a well -established legal principle to be strictly enforced and cited Andrews Y. Secretary of State, 200 A.2d 650, 651 (Md. App. 1964 : "[W]here the election statutes fix a date for filing petitions or certificates of candidacy, such documents must be filed before the expiration of the time fixed, and (the] election officials may not exercise any discretion in the matter." The Alaska Supreme Court's language, in fact, was unequivocal in stating: "The election laws mandate, in plain and unequivocal language, that a candidate physically deliver a declaration of candidacy 'at or before 5:00 p.m.,' and that a 3 I� L L I ii conflict -of -interest statement be 'simultaneously filed.' AS 15.25.040(a)(1) and AS 15.25.030(b). This statutory scheme does not in any way suggest that a declaration or a conflict -of -interest statement completed after the deadline should be deemed timely-" The Court left no loopholes or alternative basis. Furthermore, the Alaska Public Offices Commission (APOC) publications and other literature was specific in giving municipal candidates notice of the requirements concerning conflict -of -interest statements. The manual of instructions given to candidates from the APOC office at page four states that: "A candidate for any elected municipal or borough offices local is required to file a statement, at the appropriate clerk's office when filing a nominating petition, declaration of candidacy, or other required filing." A letter from APOC over Executive Director Thede Pittman's signature and directed to the candidates in the City of Kenai election states in the second paragraph: "You need to complete a Conflict of Interest Statement and file it with the municipal clerk at the time you become a municipal candidate. AS 39.50.020(a) directs that those who refuse or fail to file must be taken off the ballot. If you need assistance in completing the form, please call Jane Barcot at 276-4176. (If you already have a 1986 Statement on file with the municipal clerk then you need not file another one.)" Generally, State election laws apply to municipalities with over 1,000 persons unless the municipality exempts itself from such regulations, see AS 15.13.010. To date, the City of Kenai has not taken any action to exempt itself. Under AS 29.28.010pcity councils are to provide the general rules for elections within municipalities. It should be noted that this statute specifically apply to home -rule cities. In addition to AS 29.28.010, the legislature has made it very clear that the nomination procedure is also to be set out by city council ordinance, see AS 29.28.015. 4 ON 1 In order to comply with the State statutes, the City enacted is KMC 6.05.250 which provides that the rules and regulations made by the State Director of Elections also Applied to City elections "insofar as they are applicable." This some language is repeated in the City Charter at Section 10-11. The obvious intent of the "insofar se" language is to require compliance with State statutes until such time as individual provisions are superceded by City code. In order to provide for an orderly election, the City needs to comply with AS 29.28.015. To do so, the City enacted 44 KMC 6.10.010. This provision suggests that any qualified person may be placed on the ballot by filing with the Clerk a sworn - -`- statement of candidacy between August lot and 15th each year. The additional requirement of the contemporaneous filing of conflict -of -interest forms is found within the State statutes. Municipal election dates are imposed by statute. AS 29.28.020 provides that the regular election date for municipalities is the first Tuesday in October of each year. This State provision is reflected in the City Charter at Section 10-1 where the same time lines are provided. Specific references to State elections can be found in AS 15.15.020. In conclusion, you should return filing fees, if any, to 1 attempted candidates Sibley, Williams and McComsey and remove 1 their names from the filing records. l Sincerely, C 0 K j im R616rs J City Attorney TR/clf Attachment cc: Mayor Councilmembers City Manager Thede Pittman, Executive Director, APOC 1 Ozzie Osborne, Planning h Zoning Commission Member John Williams Art McComsey Gerald Sibley - - -- ---- r L a. - 1 EXHI IT "A" wo <. r. co OD 0 00 co .. cn Y 4++ rl rl 00 00 w 6 � Nr OD 00 V. 00 Y aOi o dw V N%C Nw N A inDO Q r; O ro s N o0 00 44 a► O y 'r it �y a w w �d �d way ayi d 's c� (A 1-4 N ((��� tiA•i 47 y y y tll y .. ) 'Ja 41 i'+ ya �M 00 lz Y ►+ 00 00 OO Co00 Go 1.4 a co OD 00 00 co 00 co 41 to "4 00 00 co Go CID A wC 00 �+ Cl M1 00 00 � 00 00 00 aD M1 ." OD Q OI 0► �dl O O V 70 t/3 :44 x 3 L .o . .. i. RI ai �T. -N H O N Y r y 1 1L=p - f S. HIGHBUSH. BUMBLEBEE, ALIAK CAPITAL PROJECT STATUS REPORT AT 7-31-86 CURRENT EXPENDITURES ;1 ACCT. BUDGET TO DATE y ADMIN. 1,484 1,484 ENGINEERING --- -- • 25,560 -------25, 046 INSPECTION 126,354 126,354 CONSTRUCTION 978,017 866,340 I, -CONTINGENCY ---0 0 -! y TOTAL 1,131,415 1,0199224 9 S l .. Al { — , d"ft L L ► / - 1 1 • Y t . i 000000000000000000000o0n0000 0000000 � P o lo-a� Nm: �mw Nr.NM"8v^i ' '�' '%V-- O nNY� Ov m nM1nWna mm a««•« J l l l" Ia ppQY!]] «N.•mm« Wn[7MN�waN.N ONmwMmWOmN�"R.T-N 89wnOn �• •?na ¢dM+«mNNoOmmegwmmNNNN i:ua}�►m0m00pOHBl�ioOD. o� p080.0 nnoSS°8oaao^•�� o�.�«a»QI ^ x W PI.Of•os PNOO.OI�P �SwV$OmmmNOY�mP��•Ona O Ina "' • .. . . • M M�tyR& PO�pw.pnQR10'Vmr.mNNNPIf►P If1PPp. '20000 .+6 W «NaPaN�O.•Nww.rw.•a.•a .rw.yaaalffww.�(�tlmwUlw...�w Od i �w iCl Ifl lff O O Vl o tj1 O Uf Ifl Vf O1 IA IA IA Iff O f�1 IA Ijf O Ijf IA f�f O O IA O Iff ff��hnGppOBNow 1N� CUIt(P. nnnn0 ncup.un Y�pnOn PR LL� .rl�l7lGlp00«tl10 �IfSmNaPPP1*1mmmPNWONlt7 .0i . .. . ao�•oa'�o�r►':l:l:mmcnluml'o•ocari.o 000'riaoma w ww «Qar9 .. 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( � o��g�og8ogoo����o�gg�g����ggo3o8�gg8o� 11 1 1 1 1 1 e L .rrr� L 1 14-6 • KENAI PLANNING & ZONING COMMISSION August 13,.1986 - 7:00 p.m. Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Present: Lewis, Bryson, Osborne, Smalley, Absent: Carignan, Oleson, Zubeck 2. APPROVAL OF AGENDA Add item 7-g, Preliminary Plat PZ86-38; 7-I, Preliminary Plat PZ86-36, Gabrial Juliuseen; 8-e, Landscaping/Site Plan Ord; 8-b, Ord. 1155-86, Changes to the Zoning Code. Agenda approved with the additions 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ86-30: Rezone Tract E, Sprucewood Glen S/D to General Commercial (CG) - Schilling Chairman Lewis called on Mr. Schilling to present his petition. Lou Schilling. I have no specific development plans at this time, however, I do want to develop that property as commercial. From what I understand, at the last meeting the residents spoke of a buffer and I would like to state that I am willing to go with a buffer, although not the entire 120' of that to the north. Chairman Lewis opened the meeting to the public. Faith Langston, 301 Walker Lane. I have a petition signed by residents in the Walker Lane area opposing the rezoning. Mrs. Langston questioned the buffer asking if a buffer could be enforced. Answer from Councilman Wise, no. Particularly if the Council approves an ordinance before it which eliminates the section pertaining to buffers between adjacent land uses. Mrs. Langston submitted the petition. Chairman Lewis asked how many signatures were on the petition, answer approximately 68. Chairman Lewis asked how the residents would feel about the buffer. Mrs. Langston stated that she could not answer for the group, however, personally, she would approve of the rezoning if no access was allowed onto Walker Lane. 0 PLANNING 8 ZONING COMMISSION August 13,.1986 Page 2 Commissioner Bryson asked if the buffer proposed by Mr. Schilling to parallel Walker Lane, answer yes. Councilman Wise stated that Schilling could plat the area and deed the buffer to the..City.with restrictions against sale and/or development. This would also giv Mr. Schilling a tax break. Councilman Wise further used drawings t depict the type of buffer, curb cuts, and development strategies w could occur under residential development. Commissioner Smalley n the large volume of traffic in the area since Tern Ave. was cut through to Walker Lane. Mr. Schilling and Planning Specialist Lop further explained possible development under the residential zonin which would allow up to 6-plexes. Mr. Norm Sample, 302 Sterling St. I was under the impression that buffer was in perpetuity. Councilman Wise and Planning Specialist explained that the buffer referred to lies north of this area. Councilman Wise further explained the difference in conveyance of two different properties. The land being designated as buffer bei FAA while the land lying south.is private. Mr. -Sample further vol his concern over the traffic, agreeing to the large increase. since Tern Ave. was opened up. 'Mr. -Samples stated that when the Lowry I was cleared and partially developed his property values declined e should Mr. Schilling be allowed to develop commercially it will further decrease the value of neighboring property. Chairman Lewis closed comments from the public and returned the is to the Commission. Commissioner Bryson asked if Mr. Schilling would be willing to gel together with the petitioners. Mr. Samples stated that it would not matter how the area was developed, with only 2 access points traffic is still a big problem. Councilman Wise stated that the Council had requested a traffic light at the intersection of Rogers and Airport Way, however, it will be directly dependent upon. state money._ Commissioner Smalley stated that in view of the willingness of Or. Schilling to meet with the petitioners he would prefer this approach. MOTION: Commissioner Bryson moved to postpone and direct Administration to set up a meeting with Mr. Schilling and the petitioners, seconded by Commissioner Smalley VOTE: Motion passed unanimously i. APPROVAL OF MINUTES of July 23, 1986 Minutes approved as submitted i 13 r. f - i a t li - r 4; r) PLANNING b ZONING COMMISSION August 13, 1986 Page 3 6. OLD BUSINESS a. Request for Reconsiderations Vacation of 4,200 sq. ft. of Sprucewood Rd within Sprucewood Glen S/D - Lowry Mr. Lowry came forward with maps identifying the areas to be vacated and those to be used for truck access. The maps show that the trucks will be gaining access from the mall side of the wall and are not intended to cross into the residential side. The wall is in such a position that trucks cannot unload without the vacation. Commissioner Bryson asked if Mr. Lowry would be willing to place a note on the plat that no vehicular access would be permitted to the residential area, answer; sure. MOTIONS Commissioner Bryson moved to reconsider Vacation of 4,200 sq. ft. of Sprucewood Rd within Sprucewood Glen S/D, seconded by Commissioner Smalley VOTES Motion passed unanimously MOTION: Commissioner Bryson moved to recommend approval of Vacation of 4,200 sq. ft. of Sprucewood Rd as proposed by the applicant and that a note be placed ont he plat restricting vehicular access from Sprucewood Rd to Tract F-lA and C-lA, seconded by Commissioner Smalley. Commissioner Osborne asked if the vacation would create a small lot on either side of the well: Commissioner Bryson asked if Mr. Lowry had a proposal for the remainder of the property after the vacation. Mr. Lowry stated that since the access for use is a turnaround. We propose it to go to C-lA. Commissioner Osborne asked about the parcel on the other side. Mr. Lowry answered that the Borough informed him that it would make sense to combine it with the adjoining lot. Commissioner Bryson stated that unless we have a preference, it is the Borough prerogative, the vacation process. VOTE: Motion passed unanimously S. APPROVAL OF MINUTES of July 23, 1986 Minutes were approved as submitted. L A , PLANNING 6 ZONING COMMISSION August 13, 1986 Page 4 7. NEW BUSINESS a. Lease Review: Lot 3A, Blk 1, FBO S/D - Hangar Facility - Pitts There was no one in attendence to speak for the request. Planning Specialist Loper referred the Commission to the memo from the Administrative Assistant and letter of intent from Mr. Pitts. MOTION: Commissioner Smalley moved to recommend extension of construction on Lot 3A, Blk 1, FBO S/D for Hangar Facility for Mr. Pitts for 2 years, with construction to begin next spring and completion for September 1988 seconded by_Commissioner Osborne _ _M VOTE: Motion passed unanimously b. -Lease-Review: Tract A, Kenai Municipal Researve - for Parking - Swarner/O'Connell There was no one in attendance to speak for the request. Planning Specialist Loper referred the Commission to the memo from the Administrative Assistant and the letter of intent from the lessee's. MOTION: _ - Commissioner Bryson moved to recommend granting of the extension of one year to their development plans for Tract A, Kenai Municipal Researve for Swerner/-O'Connell, seconded by Commissioner Osborne. VOTE: Motion passed unanimously _ I c. -Preliminary Plat PZ86-33: Strawberry Hills - Johnisee Add Realat This plat appears to remove -the community well system and reverts the lots back to the 40,000 sq. ft. MOTION: Commissioner Smalley moved to approve PZ86-33: Strawberry Hills Johnisee Add Replat, seconded by Commissioner Osborne. VOTE: Motion passed unanimously ' d. Preliminary Plat PZ86-34: Mad Hatter S/D This plat came about as the result of an encroachment of a dwelling on a lot line. The plat gives a portion of the lot line to each side which satisfies both parties. �} L� PLANNING 6 ZONING COMMISSION August 13,1986 Page 5 MOTIONt Commissioner Osborne moved approval of PZ86-34, Mad Hatter S/D, seconded by Commissioner Smalley. VOTEt Motion passed unanimously e. Preliminary Plat PZ86-35: Gusty S/D p5 - Replat Lot 4 This is the lot leased to Treet Custom Cabinets and came before the Commission as a part of Gusty S/D #4. The surveyor found that a portion of the lot was encroaching on the ball field. The lessee has agreed to give up that footagd. Commissioner Bryson asked if the City has proposed any limitations on the title to attach to the bell park so it does not become available for development. Councilman Wise stated that it is still FAA land and there are no restriction on any of-' -this -or- other. tFall V4r.Us. '•Commissioner -Bryson stated that .his concern is that if the ball parks are on it and we are talking about expansion of the ball parks down there and if this becomes part of it I wouldn't want it necessarily because it is a plotted lot be available just because someone puts a petition in front of the Council. Councilman Wise stated that the plat was designed to provide a swap with Treat. His presentation to the Council was that what we had left between First and Treat's line would not be fit for anything but a softball field, the only way we could do it was if we reduced the property. Presumably this is agreeable between Treat and Administration. Commissioner Smalley asked what would happen to the small piece created by the replat, Councilman Wise stated that he presumed it would go to the larger tract. MOTION: Commissioner Bryson moved approval of PZ86-35 and request that the future status of that area .being platted out of 4-A be defined on the plat, seconded by Commissioner Smalley. VOTE: Motion passed unanimously MOTION: Commissioner Bryson moved to place missing item not on agenda and added at this point - item is i. Preliminary Plat PZ86-36t Gabriel Juliussen S/D, seconded by Commissioner Smalley VOTE: Motion passed unanimously L ;. ,f ,; ., _ .{ _ , ...41 o - u .j r F Ei f PLANNING & ZONING COMMISSION August 13,. 1986 Page 6 F f. Preliminary, Plat P766-371 Hollier S/D n4 - Realat Tract A t This plat came through some time ago as a part of a gravel pit which was being expanded and sold. MOTION: Commissioner Smalley moved approval of PZ86-37 Hollier S/D, seconded by Commissioner Bryson. VOTE: Motion passed unanimously q. Preliminary Plat PZ86-38r'R.M. Thompson S/D,Realat The City Attorney's letter was attached. The zoning violation centers around the trailers which were placed on the property while the old _ zoning -code prohibited trailers north of-Main.St.•.Howard,Hackney had not issued building permits to the trailers. Councilman Wise stated that the trailers have been there for over 5 years and the City has never done anything about it. MOTION: Commissioner Smalley moved approval of PZ86-38 with a contingency that all trailers that are in violation of City ordinance be removed, seconded by-Commissioner.Bryson Councilman Wise stated that the only problem he would have -is that the trailers straddle a lot line. Since the City has failed to pursue the ordinance at the time the violation was made this has become garbage. Commissioner Bryson asked the City policy on structures straddling a lot line. Howard Hachney answered that there was no problem as long as one there was one owner for,both lots. Howard Hackney noted that the lots were too small for on -site water and sewer. Commissioner Bryson stated that the Borough had reviewed this plat and requested that they obtain an engineers statement that they are satisfactory size or provide water or sewer. Commissioner Bryson noted that if they were to provide a community well system that they would then be satisfactory. VOTE: Motion passed unanimously h Corps of Engineers Permit for City of Kenai Commissioner Bryson is with the firm engineering the project and explained that the City is extending the sewer line from Lawton Dr. to the golf course due east for Thompson Park. One of the obstacles, in L .• 4 E PLANNING 8 ZONING COMMISSION August 13, 1986 f .. Page 7 addition to the wetlands, is Beaver Creek. The City is proposini ..0 - . putting the sewer line under Beaver Creek which requires a Corps !'. permit. _ Commissioner Bryson will be abstaining from voting. - = MOTION: Commissioner Smalley moved for a letter of non-ojection, seconds Commissioner Osborne. i •.:.- VOTE: •�-----.____._ --- ---- --- ... _. . Motion passed unanimously. i Preliminary Plat PZ86-36: Gabriel Juliussen Tract, Add Ill I MOTION: Commissioner Smalley moved approval° of PZ86-36's Gabriel 1 n Tract,. Add dl,-seconded by Commissioner Osborne. - VOTE: Motion passed unanimously 6. PLANNING a. Landscapinq - Site Plan Ordinance Over the past few months, the Landscaping Review Board, the Cou and the Commissionhave been working on three main ordinances; landscaping, site plan, and townsite zone. The Council agreed concept of the Landscaping Review Board take on the duties of t plan review. As a result, Councilman Hall requested that the 1 scaping ordinance and the site plan ordinance be combined. Bef Commission is the landscaping ordinance as it now reads plus th combined ordinance in the first draft form. Howard Hackney eta that on the draft of the landscaping ordinance as it now appear it went to Council, there were some modifications. 11r. Hackney rewrote it to Council specifications and it returned for appro% Council passed the original document instead of the modified document. It was pointed out to the Council by City Clerk. Councilman Wise stated that he was sure the Council did not understand at the time of adoption. The revised ordinance before the Commission now will Incorporate the changes desired by Council. The Landscaping Review Board has not had an opportunity to review this as their meeting was cancelled last night and rescheduled for Thursday. Commissioner Bryson and Commissioner Smalley stated that they would prefer having a chance to look it over and have comments from the Landscaping Review Board and perhaps schedule a work session. Councilman Wise felt he would object to moving ahead with major revisions prior to the new Council in October. The Commission deferred to Councilman Wise. 9t r PLANNING 6 ZONING COMMISSION I August 13, 1986 Page B i b.—Ordinance 1155-86 At the last meeting the Commission discussed removing two items from. the -ordinance; -one dealing' -with setbacks and one dealing with buffers in adjacent land uses. The setbacks address the Public Land Order I which sets out ROWs. The Commission and Councilman Wise discussed the attached PLO 601. Councilman Wise suggested requiring a written waiver from the State of Alaska waiving the PLO as it affects the City'.prior - --� to platting. Since the State and Borough did not do the research on the PLO as a result the plat indicates a ROW of 100' when actually the plat is legally incorrect because the federal government had a reservation for 150' from the centerline. What the City had been doing is granting variances pertaining to that and it should have been looked into sooner. Commissioner Bryson stated that unfortunately something like this shifts the responsibility to the City to enforce t rather than to the federal government. Councilman Wise corrected that to state rather than federal. When we had setbacks we were enforcing the PLO. Concerning the buffer, it was mentioned during the hearing for the rezoning for Mr. Schilling as an example of a buffer between land uses. As it stands now, an alley is too restrictive, however, the Landscaping Review Board feels eliminating it would be too open. Commissioner Bryson asked if it would be appropriate to state somewhere that variances from these requirements shall be granted only upon authorization being received from appropriate state agencies. MOTIONS Commissioner Bryson moved to recommend approval of 1155-86 as submitted with the exception that Exhibit B, Street Setbacks be omitted from the proposed changes and adding a sentence indicating that variances from these requirements shall be granted provided no objection is made by State of Alaska, Dept. of Public Facility in regards to PLO 601, dated August, 1949, seconded by Commissioner Smalley. VOTE: Motion passed unanimously 9. REPORTS a. City Council The Council heard Mr. Kevin Fenner of the Borough and decided to hold a public hearing on the Comprehensive Plan in October when the new Council is on board. Councilmen Wise stated that he to still confused as to why the Plan was not approved except perhaps for the printing costs. M i PLANNING & ZONING COMMISSION i August 13,1986 ." Page 9 Commissioner'Smalley noted that the Council agenda showed the item concerning the Kenaitze Indianproblemson Ames Rd and asked if Council took action-toirecommend to Mr. Brighton to sign and send that letter to the Department of Interior. Councilman Wise answered that the Council did act formally on the issue and asked that Mr. Brighton ' send the letter. The other issue raised is the Council wants to know how the tribe has allotment rights. b. Borough Planning + # All plats presented this evening were heard by the Borough. i No comments._ c. City Administration { No report: -. ,i•nr.-.,.., .. _�.^�r.i;. It ,..,. _ .._ 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS 3 No .comments or questions . 12. COMMISSION COMMENTS-VQUESTIONS.•- Commissioner Smalley stated that''new information has come'up concerning this land. One of the items mentioned is that with the passage of the Native Land Claims Settlement Act, all allotment status lands and requests for allotment.lands had to be filed prior to a date, if they were'nt filed for they weren't allotment status. The Kenaitze tribe was not even organized and identified as the Kenaitze tribe until the Land Claims Settlement Act came into effect. My question is how,can a tribe that came into effect on that date receive allotment, be granted allotment status. In discussing the item the property on Ames Rd which is being declared allotment status with the Borough assessor who is responsible for native lands in the Borough indicated that he felt it was not allotment status for a couple of reasons, number one; according to his understanding of the law allotment status is non -transferable, the allotment concept is not transferable no matter who purchased the property. He indicated that the young woman, the realty officer in Anchorage, the BIA realty officer is in error, she is quoting statements suggesting federal regulations that does not exist. He suggested that the City pursue it further because its a City problem at this point in time until they file a deed. When a deed is filed then the Borough will probably go after it because taxes have been paid on that parcel. One does not pay taxes on allotment status land, I got that from the Department of the Interior. Just the amount of information that has come to light L L n PF ME M a PLANNING & ZONING COMMISSION E� August 13, 1986 Page 10 i; since I have returned from vacation is staggering and I would - encourage the City to pursue it even further because the property owners out there have lost property values at this stage of the game, on that road and I think the City needs to pursue and not just accept a statement from a BIA realty officer that those lots are allotment _ + status when in fact they may not be. Chairman Lewis asked if there were additional items, Commissioner Osborne stated that he has no more ditch. - .. 12. ADJOURNMENT ? There being no further business, the meeting was adjourned at 9:12 PM. L L_ a KENAI MEMORIAL PARK COMMITTEE August 7, 1986 - 7t00 PM Senior Citizens Building Tim Wisniewski, Chairman 1. 2. 3. 4. 5. wo- ROLL CALL Presents Sally Bailie, Koralee Hansen, Chris Nonfat, Pat Pot Roseanne Sheldon, Tim Wisniewski Also Presentt William Kluge and Carmen Gintoli 6 Suzanne Lit APPROVAL OF AGENDA No agenda used - organizations! meeting APPROVAL OF MINUTES of , 1986 First meeting OLD BUSINESS NEW BUSINESS The Committee began by speaking of different ideas presented architects (Kluge and Gintoli) and of probably costs involves Committee and the architects agreed on the money available C for the entire project for this year. The problem of the ut, was discussed. The Committee and the architects agreed that members would compile a list of ideas to begin with and subm back to the architects through Keith Kornelis. The architects left the meeting. The Committee agreed on the following list: Don't Want 1) Large berms particularly surrounding the gazebo 2) No parking lots - at least this year 3) No restrooms 4) No picnic tables Do Want - Architects to Include in Design Package 1) Slightly raised gazebo with ramp access for handicapped, partial foundation as opposed to full foundation if possible L L V - E i F :i jaa 5 V. ---- --- r; i; ..i id MEMORIAL PARK COMMITTEE Page 2 2) Flower beds 3) a) 5) 6) Water fountain option (not drinking Seating Plan - i.e. benches Walkways - natural type rather than borders Plan for signage - desire 2 with 1 Inau au vn yawuu anu A elsewhere in the park 7) Barrier plan for 3-wheekers 8) Trash containers - nice wooden ones 9) Flag pole site - pole has been donated by Nina Selby The Committee enlarged upon the project by agreeing that the architects will design the spots for the trees and shrubs, the donors will be able to select from the spots, go to the nursery to select the tree or shrub of choice and the parks crew will do the planting. The trees and shrubs will be planted once a year. A memorial ceremony utilizing the gazebo as a focal point will dedicate those trees and shrubs planted. One type of design will be used for the plaques which will be the one least likely to be damaged by vandals. There is a small structure on the east end of the park. A lattice work screen should be design with folliage which will grow to conceal the structure but still allow access. The Landscaping Review Board has been working with a list of trees and shrubs which was produced by the former Cooperative Extension Agent and has been approved by local landscapers as having the highest survival rate. The donors will be encouraged to choose from this list. The next meeting of the Committee will be Tuesday, August 199 1986 at 12:00 PM at King Oscar's Restaurant. The architects are encouraged to submit their proposals by packet time Friday, August 15th. The Committee will review the proposals on August 19th and present their recommendations to Council on August 20th. Janet A. Loper, Planning Specialist Secretary to the Committee maw C. , L �= a 0 D BILL SHEFf Z"FO _ i O i IIEIl11tT�lE�T 40F NATURAL RESOURCES STAR ROUTE9, BOX7440 PALMER, ALASKA 99645 DIVISION OF AGRICULTURE/PLANT MATERIALS CENTER PHONE: (90717454469 . ^ASS ^1, ,.. T ,r vi r August 7, 1986 Kayo McGillivary IdOZ��Q�L Director, Parks 6 Recreation 227 Caviar Street Kenai, Alaska 99611 Dear Kayo: Thank you for the help you gave on maintaining the Kenai Plant Trial Site. The Plant Materials Center and the Cooperative Extension Service appreciate Aaron Smith working with us at the site this July. Plans for future development of the site are being prepared now. Thanks again for your support. I i Sincerely, &44� , Catherine I. Wright Horticulturist cc: Bill Brighton, City Manager, Kenai/ Warren Larson, CES, Kenai CIW:ds ,, al tt 4 1 - i . Resoutce'De for.Alaska,-Inc. EXECUTIVE DIRECTOR Paula P. Euby J. Hofstad H"SwoM I H.Johnson r. Ileisey �. 'Pero" Nelson Imes Perpeter DIRECTORS LMM Areeneuh Ean H. Somme Ric If. Bood o Rea 1.�Brta�ly p Rp n A. Breese _ - Kelly M. Campoell . � Pni01p 4 todtor Dennis W. Lartao Chile Jerry MMcAfee �Y 1 -- - --- -- - i Max O al w RWW4P Peluso . 11 WilliamR. Stephen M. Rehncerq - - Thomas H. Reynolds Schmolder ! i Lin Ste. Sims r• Mary Jane Sud81 Mary two Teal Joe J. Thomas RlehW W. Tindall j} Rudy J. Tro5clO Oils P. Tubbs i E. WWI. Jr. ��yte Von eerpem nwiuituns Ani VAPPICIO MEMBERS Sonar Ted Stevens li Senator Frank Murkowsel Congressnan Don Young - a Llovemor em Shemold I lopmen A/ F-0 - 3 807 "r StI.,, ..,. avv. NUU111Llt, 110111 15501.400 8u 100516, Anchorite, Mina 995104516 - 901121H100 } NQT3.CLA QE RRKX KRAZIEG What: RDC Fisheries Committee Meeting When: Thursday, August 21, 1986, 3:00 pm Where: RDC Conference Room= 807 G St. #200 Anchorage Why: To set priorities for fisheries policy and to start work on legislation to be introduced in 1987 to implement the fisheries strategy statement (outlined in the RDC NU Strategies fgt Alvancina Alaska's E„con_ omy-L 1,986-1990 publication, 0) . This is a statewide ongoing project and we need your assistance to help. Thanks. From: Michael Broili, Chairman - Fisheries Committee of the RDC Renewable Resources Division -- -A_ - - - - IN L I -.. - si1/FO- U 48 O , SNIP Hl�q�ea qs i �ogqFdF�Fsop�,cc Qy°rhFq !; COUNCIL OP ECONOMIC ADVISORS TOO LITTLE, TOO LATE t i . .. by l Paula P. Easley, Executive Director r Resource Development Council for Alaska, Inc. Now, in the last six months of the Sheffield administration, the governor has announced his new idea for the state's faltering }° economy --appointing a council of economic advisors. The council would study declining revenues, resource development and "look at a i� statewide development campaign." i• ' if� �i I. couldn't let this announcement go without comment. It is _simply ludicrous for the governor to appoint and fund such a council. The job has already been done for him --we need only implement it. To go back in history a bit, remember that one of Governor Sheffield's first official acts was to disband the state's Council on Economic Policy. Even if he disagreed with the views of the Council members, as many of us did, he could have made new - appointments and let the Council continue its work. He didn't. As I recall, some of the Council members well understood the influence of world events on our ability to compete in the marketplace. They often commented on how little control Alaska had over its destiny, and rightly so. Witness our frustration at just a few of those events --the Japan - Soviet oil/technology alliance, the South African and Canadian coal megaprojects, USSR's dumping of nickel into Europe and its exploitation of Afghanistan's copper, gas and urganium, the manipulations of OPEC, foreign government subsidies for zinc, lead* and molybdenum production, construction of the Siberian resource railroad, our foreign competition in natural gas production and the recent Japan -Soviet timber deal. I haven't even mentioned the national events that have affected our economy. All these and more, such as the strength of the dollar in international markets, have been discussed at five RDC conferences staged by the Resource Development Council (RDC), so Alaskans should be aware of them. On the plus side, we're now seeing an influx of tourists in response to Middle East terrorism and Expo 86; again, international events. The old Council on Economic Policy did lack a full understanding of the constraints Alaska's existing industries faced, so in this area where the state did indeed have some control, the Council was largely silent. Even though Alaskans weren't remotely ready to consider the possibility, the Council on Economic Policy urged planning for the time of declining revenues in the 1990s. IN . _ ___ A_._ --- . L L A- — I i t� I _I i tt t �i ;t �. H .. - is editorial ---page 2 Neither the public nor the government grasped the fact that, even if other large oil fields were discovered, their production would not be on line in time to compensate for reduced throughput from Prudhoe Bay. The time lines from lease sales to production were a decade or more. Environmental lawsuits and other delays were a certainty. RDC began acknowledging the advisory council's revenue warnings in speaking engagements around the state and said we should begin doing three things: (1) Spend less, p1t spend more wisely (10% annual cuts were proposed for state and local operating budgets, along with staff and budget realignments); (2)Generate p_eyl revenues (from other development besides oil, recognizing this would beef up the private sector and tax revenues): and (3)tind more 4.U• (Revenues from a diversified economy --no matter how large --couldn't offset the revenue declines from oil.) We asked communities of all sizes to begin or accelerate economic diversification efforts to protect their populations and economic bases when petrodollars began their projected decline, but we had no inkling of the sudden drop in world oil prices we have recently experienced. Communities were asked to identify priorities for state appropriations that would help expand their local or regional economies in the longer term. Many mayors and local officials agreed our approach was necessary and correct, but they could not sell it to the voters. Why? Voters wanted the quick fix, and they didn't believe oil dollars would dry up; they also had little notion of how much their local economies were dependent upon state appropriations. At the same time, citizens in various rural villages (spurred by Alaska Legal Services Corporation attorneys) sued to stop oil leasing and exploration --at the same time oil dollars were subsidizing their home fuel bills! The legislature, seeing the revenue handwriting on the wall, considered various oil tax increases and paid little attention to the problems and potential of other industries. Eighty-five mineral exploration firms, long a contributor to rural jobs and state revenues, left Alaska. Mineral exploration spending has dropped from over a hundred million dollars to $9 million in the last five years. Timber sales to support existing and new ventures were virtually non-existent. Tourism and fisheries were the only industries whose concerns were addressed by government. In response to these events RDC launched a costly companion project to identify and seek consensus on the problems and needs of the state's resource industries. Cooperation was immediate and immensely successful, especially when it became obvious that our "oil driven" economy was driving more slowly. Participants responded intelligently to the guidelines we proposed: (1) any actions proposed must be do -able in the next four years, and (2) L L e 1 editorial ---page 3 the actions must be accomplished with as few state dollars as possible. A similar undertaking by a private organization in Indiana (which involved a $250,000 consultant contract) turned that state on its heels, and we were confident we could do the same. With Indiana's pro -development governor and lieutenant governor at the helm and a legislature anxious to follow their lead, the state's economic direction and policies were reversed in a five -month period! The RDC study, New Strategies g_U Enhancing AlasWs Economy. 1986-1990, which said who must do what, why and how, was accomplished, not by expensive consultants or outside experts, but by Alaskans whose jobs and profitability were at stake. These representatives of all the state's resource sectors were precisely the group whose expertise the now -defunct Economic Policy Council lacked. We learned a good lesson in this process of raising economic development concerns on the statewide public policy agendas people will not focus on such "unglamorous" issues as public land management, regulations and permitting problems, access to resources, private property rights, tax policies, building resource transportation systems or how the state spends its income until it is in their economic_ interest to do so. That time has arrived. If Alaska voters and elected officials can shed the complacency of the last decade and actively. Auuport the actions outlined in New Strategies, we, like Indiana, will immediately improve our chances for stable jobs in the state we've chosen as home. Alaska's governor must lead the effort as other governors have so ably done in recentyears. For it to be successful, however, the legislature, state and local officials, private organizations and citizens must all show their support. That means you. There is too much at stake for Alaska's economy to fail for "lack 1 of a second." EDITOR'S NOTE: The Council's Reyr Strategies for Add►ancina ska's EconoM 1986-1990, have been endorsed by seven gubernatorial candidates to date including: Bob Richards, Joe Hayes, Arliss -1-� - -- -- Sturgulewski, Steve Cowper, Wally Hickel, Dick Randolph and Bob McGrane. The publication is now being made available to other ------- - = - statewide candidates. Copies are available from the Resource Development Council, Inc., 807 G, Suite 200, Anchorage 99501. L In F-0 - 5- President Roger Holt Law Offices Holt & Erhardt 283.3344 Ist Vice President Jim Carter Retired I" 283-OM bd Vice President Ron Malston Malstons, Inc. 2834966 q Secretary -Treasurer Cheryl Sutton Kenai Peninsula Fishermen's Cooperative 262-2492 Immediate Past President Fred Braun Fred Braun Sport Shop 2834648 Leroy Heinrich Union Chemical 77"121 Penny Dyer Penny's Travel 2834466 Dennis Swarner Kenai Vision Center 283-7573 Don Gilman Food Town Liquor 2W7651 Bill Brighton City of Kenai 283-7530 Glen Jackson Retired Tesoro Alaska 2834493 Harold Dale Retired Leo Oberts Ins. 7764= Walter Craycroft Craycroft Chrysler 2WSN9 Royce Roberts Arctic Pipe Inspection 23-4471 Lester Vierra Kenai Peninsula Community College 262-5801 Bogue Morgan National Bank of Alaska 283-7501 Executive Driector/Manager Sue Carter Kenai Chamber 283-7989 r; Administrative Assistant Carolina Willis Kenai Chamber 283-7W .282930 Kend Chamber of Commerce 4, io BULK RATE I V/ Box 497 6'C .t 4 4 PAID OMU.S. POSTAGE Kent. Al"ke 9%11II 0),ot 14, eAl 'I -tip ID KENAkAK , I Pem" NO. 12 CITY OF KENAI 210 Fidalgo Street Kenai, AK 99611 F rI TELEPHONES (907) 586.1325 M WRANDUM TOt FROM& SUBJECT: BUREAN Municipal Managers/Adminiatratore and Mayore Tim4 fgti;'Programs Manager CAPITAL PROJECT REVIEW CRITERIA XN FO - 105 MUNICIPAL WAY, SURE 101 JUNEAU,ALASKA 99801 i 2z2425 vG ` lu6t July 24, 1986 The Governor's Office of Management and Budget has released a set of criteria, upon which capital projects, approved by the legislature in the FY87 budget, will be re-evaluated for possible elimination or reduction of funding. All capital project funds have been frozen, pending completion of a second capital project budget review process. The Governor intends to pare an additional $250-$300 million from the capital projects approved in the PY87 budget. It to important that municipalities, with capital projects funded in the FY87 budget, provide the Office of Management and Budget with any documentation available to establish their projects' placement under one or more of the criteria provided belows w 1. Project Priority: Municipalities need to prioritize their own capital projects funded in the FY87 budget, ranking them "first, second, third,.... ," until all of their projects have been ranked. This list should be signed by a municipal official and sent to OMB at the address on the bottom of this bulletin. Z. Federal Match Projecta: These include all projects designated in the Appropriation Act of this last legislative session as "General Fund Match." All of these projects have already been identified by OMB, so no additional documentation need be provided. Do be aware, however, that the presence of federal match monies will be a criteria consideration in reviewing capital projects. 3. Project_ s UndeMiM: My contracts signed by a municipality on or before July 15, 1986, relating to a capital project funded in the FY87 budget will be considered as a "project underway." This does require documentation to OMB. Send copies of the signed and dated contracts to OMB at the addrese on the bottom of tl::s bulletin. 4. Health and Life Safety: This criteria area is defined as the existence of a threatening condition, which, if uncorrected, will require that the facilities cease being used to provide the program or service. This also requires documentation to OMB. Send copies of all citations that declare, or verify, that a facility is unsafe, and that the unsafe condition threatens the health, life, or safety of the public, and most be vacated. The four criteria areas listed above do not have any priority to each other. All capital projects will be Independently reviewed, with the above four criteria in mind. That process will begin in the next few weeks. Thus, it is important for municipalities to respond with a list of priorities and project documentation as soon as possible. State agencies and other programs are also being asked to respond to the same set of criteria. Send all responses to: Jay Hogan, Associate Director, Division of Budget Review, Office of Management and Budget, Post Office Box AM, Juneau, Alaska 99811. If you have additional questions, or need further information, call: Thelma Cutler, Office of Management and Budget (465-3568). L.W. a outrwus �: ... ..�.��—..�..����........�....�w.�•..--�.-.way-...i�.e-- - - ��._.��.�.........�. _..�.._... �... �...�.-.���...,....�� {` ..•_a :,. ---.JPU1tQ4A$5OR.P$R ....... _� NJC O — % " t . C 1TY o F- K E N A 1 THIS PURCHASE ORDER �' • rPINK E • VENDOR NUMBER MUST APPEAR ON ENROO •ACCOUNTING 210 FIDALGiO ST. PHONE 283•7638 ALIPACKAGESANDPAPERS g LE ACCOUI�TIr�G .l(ENAI,AL,A$KA89811 RELATING To THIS Pua• `'•s HIPPING 3 RECEIVINN • APPROVED COPYNO. • REQUISITIONER Date? / 22 / 86 j VENDOR NO. . KENAI MASONRY TO 71 �1 4 f t � .i i { .t7f fit .. ;) L SHIP VIA: BY J Ou by GAN PREPAY SHIPPING • CHARGE SEPARATE ON INVOICE too PINGWIANON PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY THE FINANCE DIRECTOROR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLE MIND UNIT UNIT PRICE AMOUNT Painting exterior'of Terminal Bldg. $19250.00 **-.This•purchase order is for the painting of the light blue panels located on the front and back of the main terminal building (South end)and those panels on the second story (Flight Service Statio _.-portion-of the terminal building. The painting will,also, include the trim on --the-south entry port and sanding -down and varnishing of the wooden hand rails ) of the wheel chair ramp. ** TOTAL 50.0' Ls' DEPARTMENT R P O R TRM 8 '100.453 $$1250 00 By a a: i MIAD '000) - _-_ 1_-. - - - - X 4 10 i F- LIFO JUL 1986 7 C! A: Y.. E,,-S Ti I M. A -T E A 0 CITY OF KENAI Page Project _ COOK INLET VIEW DRIVE AND LILAC ROAD Contractor DOYLE CONSTRUCTION COMPANY Address ROUTE 1. BOX 1225 KENAI. AK 99611 Project No... Phone (.907) . 776-8552 Period From _Z-1b-Afi -toLgFt-AA ANALYSIS OF ADJUSTED CONTRACT MOUNT TO DATE Ql Original -contract amount . $ 431,696.30 (D Net change by change orders OAdjusted contract amount to date I ANALYSIS OF WORK COMLETED OOriginal contract work completed /0) (D Additions from change orders completed Materials stored at close of period Total earnedc)+@+G)- t101,141.8n Less retainage of I rfl percent Total earned less retainage -tIOM4,18; -t9 Less UMOLInt of previous payments Balance due this payment City Ger. 0MRIN ay is I -I K, F C_ 2 3 My r -Rqte- A fe"J'r f ---t rill, "NEI FINIIIIIIIIIIIIII I If liie�rsi��i�� ,IM', WAS , . ALIAK t31f_I PYMT AMT DAYS' I WE RE S-1- 241 1.00 35,890.52 15.00 --7.00- - 103.25 15.00 7.00-132a 14 3.00 62,380.97 4.00 82,506.76 36.00 29.00 7.00 - 430.69- 26 5._00 7.00 458.87 89, �366. 72 6.00 90,331.62 50-00. 120.00 7.00 6.50 -856 1, 93465 7.00 108,905.00 8.00 138900?.56 29.00 36.00.. 6.50 6.50 562.43 11 31!1 9.00 76,529.09 15.00 6.50 _884 73 204: 4b 3C: 10.00 0.00 0.00 1 31! 33 TOTAL 35 34 S- 3 1 35 38 4. 38! ..r... .. - 39 71�7 j 7 39 �01 r n �• Pate t li 5 •F ' r J --------------- - � - -;fit 'i i t• i� t PAY ESTIMATE N0 :----10 (Final) Project M.A.P. r •''�'� Contractor Zubeck, Inc. Address 7983 Kenai Spur Highway Kenai, AK 99611 Phone (907) 283-3991 o 3 ?.1(ko/0. �o f J--, Project No. Period From 7-29-86 to 8-6-86 ANALYSIS OF ADJUSTED CONTRACT AMIOUNT TO DATE �1 Original contract amount 1,665,095.00 ✓ ONet change by change orders ( 53,148.85) ✓ O3 Adjusted contract amount to date 1,611,946.15 ✓ ___ ANALYSIS OF WORK COMPLETED earl X27.75 ® Original contract work completed 1,556 OS Additions from change orders completed 10,670.75 ✓ © Materials stored at close of period -0- CQ4 07 Total earned(D +GOB 1,567, F9850 ® Less retainage of percent -0- OTotal earned less retainageO7 -08 1,567,;98.50 l0 Less amount of previous payments 1,454,052.61 ✓ 11 Balance due this payment 14 'GS__A° cc: Contractor Engineer /Il3ys, 9 ;eO L pus 1 . .. ..J , , Page 2 of _13 rl\ _.....P A. Y I S T I *A T E N 0: ,� ��+►;,���.�. CERTIFICATION OF CONTRACTOR Accordiag to the best of my knowledge and belief. I certify that all items and amounts shown an the face of this Periodic Estimate for Partial Payment are correct{ that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract. and/at duty authorized deviations, substitutions. alterations, and/or additions{ that the foregoing - true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part of the "Balance Due This Payment" has been received. and that the undersigned and his subcontractors have -(Check a applicable line) - s..[!E�Complied with all the labor provisions of said contract. - - b. 0 Complied with all the labor provisions of said gontract except in those instances where an honest dispute exists with cc- spect to said labor provisions. ()f (b) is checked* describe briefly nature of dispute.; I �f Zubeckg Inc. - (Contractor) - - Signature of Aut •d Representative) 12- 19 Title . ' -"----- -CERT11?IGATIOIQ OF ARCHITECT'flR lNGINEER i 1 cattily that I have checked and verified the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief lt.is &.true and correct statement.of emit performed and/or material supplied by the contractor; that All has been inspected by by duty '•' i work and/or material included in this Periodic Estimate me and/or my authorized representative or in full the contract; and • : assistants acid that it has been performed end/or supplied accordance with requirements of reference that partial elaimed.Aud taquested.by tbet.coomctot.in.c.otmctly-compute(L oo.the.basis of work perfotmed and/oL e*=re- .._ _... -payment vial supplied to d e. _ Signed (Arch& ct a engineer) McLane & Associates a _ . 'Date.,.., PJtE•PAYMENT C RTIFICATION BY FIELD ENGINEER - - Cheek gyp• of payment eerefffedr 01 have checked this estimate against the contractor's Schedule of Amounts for Contract Payments, the notes and reports of my inspections of the project, And the periodic reports submitted by the architect/engineer. It is my opinion that the statement of 1 it work parformed and/or materials supplied is accurate, that the contractor is observing the requirements of the contract. and the contractor should be requested above. - eat paid the amount eertify that all work andror materials under the contract has been inspected by me and that it has been performed and/or sup. plied in full accordance with the requirements of the contract. -— :a l —mil (yi•te Engineer) McLane &Associates (Date) t ; Approved (Contracting Officer) (Dahl L Also r • -PAY- ESTIMATE N 0 10 QAL.)Page 3 of 1: 't Project M.A.P. SCHEDULE Of CONTRACT CHANGE ORDERS (C.0. ) List vvvrF %Ainev ,rJer L.ucJ to JAtt: III this rcquvm eten it no %.,Ik haw Oven lone under ono or mute %uah ot&tm. ADDITIONS TO ORIGINAL CONTRACT PRICE CONTRACT CHANGE ORDER DESCRIPTION TOTAL COST OR ITEMS ADDED RV CHANGE O RDER ( COST COPCNAtme ORDFRITEMS COMPLETED TO(V TE NO. OATC 1 8-27 86 .75 per C.Y.reduction on T e III 6714 Basic Bid 638 Add. Alt. # 4 8259 C.Y. Total -@-:75/C.Y./ ( 6194.35)/ '2 1�76.60 8500.06t Lift Station Domestic Septic System Add. Water and San. Sewer material was paid for on Bid Items in General Estimate. 3 7-28- 6 2" Water Service 2 @ 2000 = $4000 8365.00 8365.00 6" water service 1 @ 1800 a $1800. 0 See Spur Hwy. 33 MSF @ 55 - $1815. 0 - _ More mail box clusters 5 @ 150 - $ 50.00 TOTALS 22,541.00 O5 IO.670.75 - 1 Approved Total Cost of Change Orders (C.O.) (a) 22,541.00 j Deductions from Contract (c) ( 75.689.85) F Net Change From C.O. ( ( 53,148.85) j; Change Orders that reduce the contract, Column (c), should reduce the ;.: Total to Date Column for that item affected. - **I, - 1 - - - - I' t} 4 c i 1 1 �t Y I Y: 0 f 1 3 � -P-A Y E,S T IIM AT E 40 : 10 Page _4 Of -_13- ProjectM ASP• Item No. Street & Drainage Improvemen_ Item Description Basic- Bid- Schedule A Original Contract Amount Total to Date Quantity and Unit Unit Bid Price Total Unit Cost Quantity Amount 90.19 Mobilization and Demobilizat on A 1 Re uire 700.00 700.00 100% 700.00 7n-n? Mooring Grubbing All Require,(- 00 14 500.00 1007. 14500.00 20.04(1 Usable Excavation 13,550 CY 2.65 35,907.50 7151 18950.15 20.04(2 -Vnusable Excavation 2.4,950 CY 3.25 81,087.50 22169 _ 72049.25 20.05(1 Classified Fill & ac Tyne I 9,900 CY 7.00 69 300.00 9971 69797.00 20.05(2 Classified Fill & Backfill Type III 16,800 CY 4.25 71,400.00 14563 61892.75 -1 570 SY 3.00• 4,710.00 2198 J_ 6594.00 Trench Excavation & Backfill '0-8' depth) 1,350 LF 10.00. 13,500.00 1350 13500.00 '20.13 Disposal of Unsuitable or Surplus Material - . - 100 CY 6.00 600.00 -0- -0- 20.14 Mechanical Compaction•. 1,350"LF _.1.00 1,350.00 1350 1350.00 40.02 AC Pavement -Class C (2'--' dept )1,570 SY 10.00 .15,700.00 2198 21980.00 50.02(1 F @ I. 1511 CMP Shape 1, )Steel 16 Ga. - 1,686 LF 18.00 .30,348.00 1766 3,1.788.00 '50.020 F @ 118 CMP Shape 1, )Steel 16 ga. 1�,634 LF - 21.00 34,314.00 1617 - 9 33,8�57.00 50.02(2 F (. 1 24 UMP Shape 1, )Steel 16- a. - '•--- •- ---870 LF 27.00 23,490.00 -892 24084.00 50.04 Const. Storm Drain Manhole _Type 1. 8' depth 4 Each Fee 2,00.00 8,000.00 4" 8000.00 70.19 I Topsoil 275 MSF 30.00 8,250.00 275 8250.00 70.02 1 Seeding 275 MSF 55.00 15,125.00 275 15125.00 70.02(2) Water for Maint. 60 M. Gal. F 20.001 1200.00 60 1200.00 90.17 Utilities in Const. Zone All Require 5,000.00 5,000.00 100% 5000.00 90.18 I Furnish and Install Signs 156 SF 30.00 4,680.001 175.1 5253.00 50.1602 1 Maintenance Ditch Reconstruction 1,511 IF 2.00 3022.00 1511 302'' 00 50.16(2) Special Ditch 2,269 LF I 2.00 4,538.00 1879 3758.00 i Remove & Dispose 70.27 All Sizes CMP 88 LF 1 2.00 176.00 112 224.00 20.19 Remove Existing Pavement 330 SF I 1.00 330.001 1980.001 -1 rt (r - 41.1.7 7'IR nn / • -- 1 1 J _ F -ate--� , PAY ESTIMATE- , NO-: .-10 Page `5of_13 Project H�A. F, _ I ; a 7 k $�. t } d i i i i 4 � 4y i { 7 - � Item No. Water Improvements Basic Bid Schedule B Original Contract Amount Total to Hate Quantity and Unit Unit Bid Price Total Unit Cost Quantity Amount 20.07(1 Trench Excavation 6 Backfill 0-12' 9544.4 95444.00- ' 20.07(2 Trench Excavation 6 Backfill 0-14' 375 LF 15,00 2 -0- . -0- 20.13 Disposal of Unsuitable or Surplus Material 150 CY 6.00 900.00 253 1518.00 ' 20.14 Mechanical Compaction 9 348 LF 1.00 9.348.00 9544.4 9544.40 '60.02(1 F @ 1 8 DI'Water Main CL=52 9,348 LF 21.00 196 308.00 9544.4200432.40 ' 60.020 F @ -1 3 4 Type -K Water'_'— Service ... 77 Each 800.00 61 600.00 77 61600.00 60.03(1 &IIE-.6..__ Mkr. _.. 16 Each 750.00 12 000.00 21 15750.00 ' 60.04 1 -F*-t L P:H:'7l l;dinTi23► — ". Sin le Pmm er -- 22 Each - - 3,000.00 66,00Q.00 22 66000.00 6 4 2 Adjust F.H. 6" increment 63LF 200.00 19 3800.00 60.06 Connect New pater Main to Existing Water Main 2 Each 4.000.00 8,000.00 2 8000.00 60.040 Relocate Existing FH Assemb l (Single Pumper) I.Each 3,000.0000 _ �•- I I I I I I I 1 a �465,111.00 tTotal :Amount for This Page 1 1 ' Il a ! aA% naA an n/ oil 1�J - a:. X 4 .y t, n 1 i F: t� �i 3 f PA Y. E.S.T.I•M,A-TE- N 0 : 10 (Fro, Project M.A.P. Item No. Sanitary Sewer Improvements Item Description Basic Bid Schedule C Original Contract Amount Total to Date Quantity and Unit Unit Bid Price Total Unit Cost Quantity Amount 20.07 1 Trench Excavation & Backfill 0-8' _ 5,855 LF 10.00 58,550.00 5951 59510.00 20.07(2 Trench Excavation & Backfill 0-10' 390 LF 12.00 4 680.00 390 4680.00 20 Trench Excavation & Backfill -1 ' 14.00 5,446.00 389 5446.00 ' Disposal of Unsuitable or 6 1.200.00 30 6730.1 6730.10 ' F @ I 8" D.I.P. 21.00 87,192 PA 4264.4 89552.40 F @ 1 10" D.I.P. - 2465.7. 59176.80 ' 50,04(t) Conntruet Manhole Type ' 50000.00 Additional Depth to Manhole 6 .i 50.07 Connect to Existing San. Sewer M.H. 5 Each 1,900.00 9,500.00 00.00 50.12 Sanitary Sewer Service o ec o 4" C 1 59 Each 00.00 53 100.00 50.14 Construct 8" DI Cleanout 1 Each 1,100.00 1,100.00 3300.00 70.23 Pipe Insulation (2" thick) 750 BF 1.00 750.00 160 60 00_. 70.26 Adjust Existing Manhole 4 Each 500.00 2,000.00 1 I I I I � I I I � i I I 341,345.00 (l4J 347.735.V) A� ' L PAY ESTIMATE N0: 10 Page_7 of 13 ( �IMQ►L) ' Project M.A.P. Item No. Additive Alternate No. 1 Bid Schedule A Baron Park/Beluga Street Item Description Water Improvements Original Contract Amount Total to Date Quantity and Unit Unit Rid Price Total Unit Cost Quantity Amount 20.07(2) Lrench hxcavati backtIlL (0-12') 1,405 LF 12.00 16,860.00 1405 '16860.00 20.13 Disposal of Oiisuitable or Surplus Material 500 CY 6.00 3,000.00 100_ 600.00 ' 20.14 Mechanical Compaction 952 LF 1.00 952.00 952 952.00 60.02(1) I DI Water Main CL-52 1,405 LF 35.00 49,175.00 1405 49175.00 60.03(2) F'@ I 12" GV & VB & Mkr. 2 Each 1,500.00 3,000.00 2 3000.00 60.04(1) F @ I F.H. Assembly (Single Pum er I Each 3,500.001 r 3500.00 60.04(2) Adjust F.N. (6" increment) 2 LF 200.00 400.00 2 •400.00 -- 60.06 ConnedC New Water Main to- Existing Water Main 1 Each 2.500.00 2 500.00 1 2500.00 2(;3 Clearin All Re wired 1 200.00 1,200.00 100% 1200.00 70.020) Seeding 42 m.s.f. 55.00 2,310.00 40 2200.00 70.02 lWater for Maintenance 10-mg 25.00 250.00 10 250.00 Ij t I I I I i I i i i I I I I Total mount fnr Thi c P.,200 In $83.147.00 / r Il �i Rn.a42.nn . L L k tj •i n -- I 'i v 'a PAY ESTIMATE M0 10 I'a9C_8 Of 13 � F►Nai� �--. Project M.A.P. Item No. Additive Alternate No. 2 Bid Schedule A Hurit��a��,ys�,iption Water Improvements Original Contract Amount Total to pate Quantity and Unit Unit Ilia Price - - Total Unit Cost Quantity - Amou 20.07(1 Trench Excavation b Backfill 0-12' 417 LF 417 5004 - -•_ 20.13 Disposal of Unsuitable o Su toe 485.6 2913.61 417 417 60.020 urns 6 Install 8 DI dater Main CL-52 417 LF 21.00 8,757.00 417 8757.00 -tr '60.02(2 13 Type K Water Service 4 Each 1,000.00 4,000.00 4 4000,00 60.04(1 F I F.N. Assembly (Single Pumper) 1 Each 3,000.00 3,000.00 1 3000.00 60.04(2) Adjust F.H. (6" increment) 2 LF 200.00 400.00 1 200.00 i f i I i I r , � I $24,578.00 ./ In 24,291.60 I L L 1- - PAY ESTIMATE N0 10 'I Project M.A.P. S ; . 1 1 { �I .. i Page _9 of _-L_ Item No. Additive Alternative No. 2 Bid Schedule B Hutto /Japonski Item Description Sanitary Sewer Improvements Original Contract Amount Total to Date Quantity and Unit Unit Bid Price Total Unit Cost Quantity Amount 0.07(1) Trench Excavation b ' Backfill (0-81) b 677 6770.00 Disposal of Unsuitable or 6.0 2,400.0 346.7 2080.20 0.14 Mechanical Compaction 677LF 1.0 677.0( 677 677.00 0.02(1) F@I 8" DIP CL-50 677LF 21.00 14,217.00 677 14217.00 0.040) Construct Manhole Type A(0-8') 2 Each ' 2,500.00 51000.0 2• 5000.00 0.12 Sanitary Sewer Service Connection (4" C.I.) 8 Each 850.00 6.800.00 8 6800.00 0.14 Construct 8" DI Cleanout 1 Each 1,200.00 i 200.0 0.00 I � I I i I . i Total Amount for This Pave Il,I 937.064.nn In 16.744.70 _ I P A Y E- S. T I- M- A T E R 0:_ _ 10 _ page 1p Of 13 7. project -- I tem No. Additive Alternate No. 3 Bid Schedule A Kenai Spur Highway/West Aliak Item Description Water Improvements Original Contract Amount - - — - -Total to Date.-, Quint i ty and Unit Unit Bid price Total Unit Cost Quantity Amount ).05 Classified Fill b Backfill T e I 120CY 7.00 8G0.00 -0- -0- ).07(1) Trench E av ion b Backfill 720LF 12.00 8,640.0 970 11640.00 3.07(2) Trench --Excavation 6 Backfill 0-14" 250LF 14.00 3.500.00 -0- -0- D.13 Disposal of Unsuitable or Surplus ate 400CY 6.00 2,400.0 37 222.00 1.14 1e•hani :•.. - - 0 970.00 0 Q.020)I " 21.00 20 370.00 Q-020) F@I 3/4" Type K Water , Service 4 Each. - -900. 00 .3.00 4 F@I F.H. Assembly (Single 0.04(2) Adjust F.N. (6" increment) 5LF 200.00 1,000.00. . I I I i • I I I I I i I I I ! M I' a t. ' t � 4 � u �i I! s i . t i I z� �l PAY EST-IMATE N0: to Project M.A.P. Item No. Additive Alternative No.3 Bid Schedule B Kenai Spur Highway/West Aliat 'Item Description Sanitary Sewer Improvements Original Contract Amount Total to Date Quantity and Unit Unit Bid Price Total Unit Cost Quantity Amount 0.07(1) Trench Excavation & Backfill 755LF 10.01 7.550.0( 396 3960.00 0.07(2) W P Excavation & Backfill 48 L 237 2844.00 0.14 Mechancial Compaction 633 633.00 0.02 1 F I 8" DIP CL-50 633 132 3.00 0.040) Construct Manhole Type A 3 Each 2,500.00 7,500.0 2 000,go. .Additional 0.04(2) Depth to an o e Type A - 12.5LF 200.00 2,500.00 2 40Q,00 0.12 Sanitary Sewer Service Connection (4" C.L.) 6 Each - 900.00 5,400.00 - 3 00 0 0.17 F@I Sanitary Sewer Lift Stati n 1 Each 50,000.00 50 000.00 - - - I I _ I i I i I Total Amount for This Page in $106,050.00 P t t. I' Il"J 28,830.00 ,y PAY ESTIMATE NO*., 11age 13 _12 of FwAo Project M.A. P. Additive Alternate No. 4 Original Contract Amount Total to Date Bid Schedule A Item East Magic Ave. Quantity No. Item Description and Unit Bid Total j. Street & Drainage Improvement i Unit Price JUnit Cost Quantity Amount W.04(1) Usable Excavation 700 CY 2.20 1,540,0C o- -0- 10.04(2) Unusable Excavation 3.740 CY 3.00 IL22&a 3603 10809-00- Classified Fill & Backfill !0.05(1) Type 1 1.500 CY 7.00 0.500.00 1371 --- 9597, Classified Fill & Backfill !0.05(2) Type III I - 3.000 CY 1.50 o.50o.00 1955 6 842-5a 10.07(l) Trench Excavation Backfill I goo 0 ISO 1 !0.13 1-0-119 e,,"hl -D-i-s-po- ql-�of Unsuitable or Surplus Material Irin IS 100 CY 6.00 600.00 -0- .0.14 Mechanical Compaction 396 LF 1.00 396.00 391 391,00-" H - M 15rr -CMP Shape 1, i0.02(15) Steel 16 ga. 24 LF 18.00 432.00 C;2 936 QQ -0.02(18) T@1 18" CHP Shape 1, Steel. 16 As. 546 LF 21.00 11,466,0Q 4R4 1016�. in To-nst. Manhole, Type I .0.04(2) 8' depth I Each 2. 00.00 2,500.00 1 2500.00 0 0 0 Ji j. 4. J .19 Topsoil 30 -M, 9 F. 30.00 900.001 In 900 - no .20(1) Seeding 30 M.S.F. 55, 650-00 30 WO-00 .20(2) �ater for Maint. 10 M. Gal. 25.00 .250.00 10 250.00--:� .17 Utilities in Const Zone All in_ - nn'' in-nh i nn7- 0.18 ft Sign 19.2.SE 30.00, 576-00 576.00 d.o2 Learing Grubbing I All Reguir(d 3,100.00 1,100.00 MW 31C0,09-, $59, 140. 00 1 104 51,225.50 ti Total Amount for This Page W-1 A P. A ,Y I.S.T. I. M ATE ' N 0. : 10 • i - Project M.A.P. r , i' 4 5 jj tf 5` F } �X7 1 I l �411 1 � �i t' Page ,li. of 13 I tem No. Additive Alternate No. 4 Bid Schedule B East Magic Avenue Item Description Sanitary Sewer Improvements Original Contract Amount W -- - Total to Date - -- --- Q'uhnt i ty and Unit Unit Bid Price Total Unit _Cost Quantity Amount 0.07(1) Trench bxcavation a Backtill (0-8') 1 650 LF 10.00 6,500.00 540.6 5406.00 . 0.07(2) 16e?Ba)Excavation & Backfill 491 LF. 10.00 4 910.00 660 b600.00 0.13 Disposal of unsulta-5-1e--or Surplus Material 400 CY 2.. OC 800.0 50 100.00 i 0.14 Mechanical Compaction 1,141 LF 1.0 1141.0 -.1200.E - 1200.60 ' 0.02(1) F@I 8" DIP CL-50 1,141 4.F 21.00 23,961.0 1200.b - --25212.60'• 0.04(1) �Bng;juct Manhole Type A - --3 Each -.2. 5Q0.00 . - - 1, 500.0 • -3 -�500.00 ' 0.04(2) Additional Depth to Manhole TXve A- -- 4_ 3 V. -600.00 � 6.07 Connecte - - -- - _4---Y _1000.00 I Sanitary Sewer Service Connection" 8 7200.00 0.14 C " - 1 1200.00 i I I I I Total Amount Fnr Thie Pnen $54,112.00 L OR 1 .•?ROJECT COMPLETED t` '.. � ._ �� �T~CONTRACTOR'SWAFFIDAVIT OF PAYMENT OF DEHTS••AND CLAIMS To: City of Kenai S 210 Fidalgo Street if Kenai, Alaska 99611 Project: M.A.P. PROJECT — Grading, Drainage, Water & Sanitary Sewer 1985 i (McCollum, Aliak. Princess, Cinderella, Fox, Linwood Ext., Magic. Hutto and Japonski) ` Contract Dates AUGUST 15, 1985 The undersigned, pursuant to the Contract..Documents for ? Construction, hereby certifies that, except as listed below, he «; has paid in full or has otherwise satisfied all obligations for ell materials and equipment -furnished.,.. for.. a.11 work, labor., and services performed, and for all indebtedness and claims against the Contractor for damages arising in any manner in connection 1 with the performance of the project referenced above for which the City of Kenai or his property might in any way .be -hold responsible. The City of Kenai can request the Contractor to 4 1. submit Separate Releases or Waivers of. Liens from Subcont.r_ecto_rs i 7? and material and equipment -'suppliers. , x EXCEPTIONS: (If none, write "None". If required by the City of j Kenai, the Contractor shall furnish bond satisfactory to the City r 7 of Kenai for each exception or in the alternative, the City of t Kenai may withhold final payment. .? CONTRACTOR: Signature STATE OF ALASKA ) )as THIRD JUDICIAL DISTRICT ) �, F - --- - --- THIS IS TO CERTIFY that on this /Z d,y of esf-- 19^' Name: / �. T 1Ffe i P�� • of Za ` , being personally known to me or -- - t having produced sat s actory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of aid corporation. ' rotary Public for A asks i NOTARY PUBIC My Commission Expires: n o� STAIN A. Me&am Y ; ; My Cnmenb"kin 6atphcu U- 1 L Ir PROJECT COMPLETED CONTRACTOR'S AFFIDAVIT OF RELEASE OF-ZIENS'­ -- - - -'- - - - City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 • - Project:- M.A.P..PRQJECT - Grading, Drainage, Water b Sanitary Sewer 1985 (McCollum. Aliak, Princess, Cinderella, Fox, Linwood Ext.- ,--Magic, Hutto and Japonski) Contract-Oa-te-: AUGUST 15,-19a5 The-under6igned,•pursuant to the Contract Documents, hereby _ certtffes-that except- as-44sted- below_,. the Releases. or .Waivers of _ Lien attached hereto include the Contractor, all Subcontactors, -"air�svpp�iers-c�materials - and. -•equipment,.. and-All..tsrformers. of Work, labor or services who have or may have liens against any -property cf the-City--af--K-ensi---a-r49-tng in any .manner out of the - performance of the Contract referenced above. The City can require*,the Contractor to submit Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers. EXCEPTIONS: If none, write "None". If required by the City of• - Kefia3; -the Cant-ractor-shall furnish- bond sati-sfactory to the City of Kenai for each exception or in the alternative, the City of - _Kenai-Tnay' withhold final payment Contractor's ature 1 STATE OF ALASKA )sa THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on 'this do of 4cs , 19J•fo, Name: /31// E. tkg c • TiiTi / • of 24610G /ya , being persona y known to me or'Saving produced se isfectory evidence of identification, appsared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. STATE OF sUASK" MAk- NOTARY PUBLIC otary ub c for as a STAN A. McLANW-T r My Commission Expires: My com:niawn Exptrwe1 V-1 L CONSENT OF SURETY _COMPANY TO FINAL PAYMENT Bond #5064614 PROJECT: N.A.P. PROJECT - Grading, Drainage, Water & Sanitary Sewer 1985 (McCollum, Aliak, Princess, Cinderella, Fox, Linwood Ext., Magic, Hutto and Japgnaki) OWNER: City of Kenai CONTRACTOR: Zubeck, Inc. • CONTRACT DATE: August 15, 1985 in accordance with the provisions of the Contract between the City of Kenai and the Contractor as indicated above, the.. Hartford Accident and Indemnity Companv , SURETY COMPANY, Name an Tess o Surety Company) Zubeck Inc. 7983 Kenai S ur Hwy.. Kenai Ak. 99611 r CONTRACTOR, Name and Address or Contractor) hereby consent to and approve of the final payment to the above named Contractor in the amount of $ 113,245.89 , and in the case of the Surety it is further agreed as o ows: 1. In giving this consent the Surety has made its own investigation to determine whether said payment should be made to the Contractor and has not relied on any representation by the\ City of Kenai or its employees or agents which has induced it to consent to such payment. 2. Surety agrees that this payment shall not relieve the Surety of any of its obligations to the City of Kenai as set forth in its Labor & Material payment and Performance Bonds and it hereby expressly waives all claims against the City of Kenai for wrongful release of funds to the Contractor. IN WITNESS WHEREOF, the said Surety Company has hereunto set its hand this 12th day of August , 19 86. SURETY COMPANY: "TFORD /ACCIDENT AND INDEMNITY COMPANY J"u13eOF 1jmithC9`%ey �id-Fact STATE OF ALASKA ) 1 )SS THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this 12th day of August , 19 86, Name: Julie F. Smith , TiT ee: Attorney -In -Fact , of Anchorage, Alaska , being persona y known _o me o % hav ng produced sat s actory evidence of identification, appeared before me and acknowledged the volunt authorized execution of the foregoing instrment on behalf o �- corporation. Notary Public for Alas My Commission Expires: L 7 J f Ii fi Ij .it R ' t: tf It (` l I HARTFORD ACCIDENT AND •INDEMNITY COMPANY _ . Hanford. Connecticut POWER OF ATTORNEY Know all men by these Presents. That the HARTFORD ACCIDENT AND INDEMNITY COM- 520213 PANY. a corporation duly organized under thelaws ol4he State of Connecticut, and having its principal office in the City of Hartford. County of Hartford. State of Connecticut. does hereby make, constitute and appoint RON ffANSON, JULIE P. SMITH and KING H. STOUTENBURG of ANCHORAGE. ALASKA its true and lawful Attorney(s)-in-Fact, with full power and authority to each o1 said Attomey(s►•in-Fact. In their separate capacity it more than one is named above. to sign. execute and acknowledge any and all bonds and undertakings and other writings obkgatorY in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of persons holding places of public or private trust: guaranteeing the performance of contracts other then Insurance POIWOa: guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalthes. and executing�-+aranteeing bonds and undertakings requiredor permitted In all actions of proceedings or by law - r bbonds and undertakinggs and other ACCIDENT AND ob itlt gDstoV in tNFTYhe n nature thereoNY f were sigfullned byan Executive the same Oflieer of Me HARTFORD ACCIDENT AND INDEMNITY COMPANY find seated and attested by one other of such Officers. and hereby reline and confirms all Mat its said AtfOmey(s�ln-Fact may do in pursuance hereof. " JmVovrer Of ettomey-Ir granted by and under authority of the following provislone: " 11) By -Laws adopted by the Stockholders Of the HARTFORD ACCIDE1jT AND INDEMNITY COMPANY at a meeting a ` f all Celled end held On the tOpt day or February.1943. n/ " SECTION a Theor"IdM a any vbrPresaent. Mono with any $weary orAgbtant gem. Sias haw power and auotomy to appam.la pmpO only o/ e■acuannpp and aneedng bonds and use and Corer wrmnge obigatoty m Oro nature owmt. one or nice Resident Vice- Prosieena. Reatdem AswgM Saaeterae and Attgneya M Faei and at any ems to renew any such RMbent Vm*PrapOenL Resident Assistant BEryry,, a� Artorney xt fat:L and revolts the purrs► ends green to IuIn. CT10M11. A"lla shad have power 04 s t to the terms and lirmasdons of Ma power of adonMy Issued to them. to ' eiteWte and ON* On Denied 01 die Company and to such the veil of the Comwlry dNrnro arty and au 00de and unaerpehge. & W ~ wlbnnppss aoagemrymtitenabusrfxxaof.atWarrysiitltrnshumemaxeCutsdpr slhreiteltAnerney4n•isgsMlibegtMndrnquponaisCompanyaadsqnsdbyin t xet uses Deicer and PoeIsd and sneered by One cairn of attar Olfleere. (2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY duly called and held on the 11th day of June,1976: RESOLVED: ROM N.H. Senn. Asaatam Vkw•Preeidem and Thomas F. Delaney. Aesiaam VIMPresbenL SM eatih haw a I"All to holds e11Cit pthq Ina eerrIs Dtl•ier a my vic& orient under sixibm a. 7 and a of A"s Not the By-Lawa of the ComlNny. j This power of attomey is signed and sealed by facsimile under and by the authority of the following Resolution 4 adopted by the Directors ofthe HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and held on the Sth day of August.1976. RESOLVED: That, whereas Robert N. H. Eerier. Assistant vimPresidem and Thomas F. DaWtay. Assistant Vit*44NWML acting well aM 8awtaerarAntsant8euetan esehtNwaepoweranmauaronry.ulageanehoWeeuemoMia.roappsumDrapOwsrotattomsy,torpurposnoNy of eitewitng and aaastinq oondsand unaertskegs and otMr whelps o01ga1ay M tnsmnura tmenol. Chas ngra Rasiaam Vies-Prniaams. AsaaLnt Beasanes and AtarMya•wt.Fad. Now.tnarerore.niaalyudxaaof wdiOMtNaanetheeerolaIsCanpanynwrbsamxedtpaityauglppwere}a{IsfileyatosrwoendiateroIstinp pa 'A"aMurytnKm powe►o1 eearwry acer)brnurobeannq sutW faeeimdesgnaturosa rsewnms seal aian awed and mndmg upon xro futiir=evnbtraepiuu auairderlduungtoivmiateIsatteaisaa'anataeHmia..sunanawu6amtYMuquponth.conipanymme In Wiblsss Whersof, the HARTFORD ACCIDENT AND INDEMNITY COMPANY has caused these presents to be signed by.djAssistentVice-PresidenLand Its corporate seal to beheretoaffint4duly attestedby its Secretary, this let day 1 01 April.1983• tt Attest: HARTFORD ACCIDENT AND INDEMNITY COMPANY t teary edam. Sacrerarr STATE OF CONNECTICUT. C Rosen N. H. Scow as. AasioaM Vies•Pgsidsw COUNTY OF HARTFORD. I On this tet day of April. A.D.190. before me personally came Robert N.H. Saner, tome known. who being by me duty swum. did depose and 88y' that he resides m the County of Hartford. State of Connecticut; that he is the Assistant Vies' President of the HARTFORD ACCIDENT AND INDEMNITY COMPANY. the corporation desCribed in and which executed the above instrument; that he knows the seal of said corporation: that the seal affixed to the said ineMufnefit is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF CONNECTICUT. j ala ll Marmaf. New Punic rr p. MY Commisaan EitPen March al, lase COUNTY OF HARTFORD. 1 CERTIFICATE I. the undereignod. Assistant Secretary of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Connecticut Corporation. 00 HEREBY CERTIFY that the foreeggoing and attached POWER OF ATTORNEY remains in full force and has not Dan revoked: and furthermore. that Article Sections 9 and 11. of the By -Laws of the Company, and the Resolutions of the Board of Directors. set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Dated the 12th day of August t986 MM219 sold A. jorAm �pae.lA 1 FarmS.1fOr•tb Printed nU.S.A. pAaaatraaacnNerY I L IN ZU BECK, INC. GENERAL CONTRACTING ST. RT. 3 • KENAI, ALASKA 99611 M.A.P. PROJECT CERTIFICATE OF COMPLIANCE I hereby certify that all work has been performed and materials supplied in accordance with the plans, specification and contract documents for the above work, and that: Not less than the prevailing rates of wages as ascertained by the gov- erning body of the contracting agency has been paid to laborers, workmen and mechanics employed on this work; There have been no unauthorized substitutions of subcontractors; nor have any subcontracts been entered into without the names of the subcontractors having been submitted to the Engineer prior to the start of such subcontract- ed work; No subcontract was assigned or transferred or performed by any sub- contractor other than the original subcontractor, without prior notice having been submitted to the Engineer together with the names of all sub- contractors; All claims for material and labor and other service performed in connect- ion with these specifications have been paid; All monies due the State Industrial Accident Fund, the State unemploy- ment Compensation Trust Fund, the State Tax Commission, Hospital Association and /or others have been paid. CONTRACTOR: 4— Signature STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY THAT ON THIS / Z day of , 19 Names AW 6. �it:Ll� , Titl p/QSI' of t of Zm_Aw k 01Ae• . _, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the coluntary and authorized execution of the foregoing insturment on behalf of said corporation. �14 lwe4�41 VA•fE `� B�1rti:.:.; Notary Public of Alaska NOTARY PUBLIC My Commission Expires: N o! loz ST.V4 A. plaLANS My colmnission cn;+�r. o l/7 M_'. 1­7 7. ) y 9 oo *. i-0 9 7 ikiARt1.99, CONSULTING :N ERS -, c 001y..4.r yl, (P70. oo if "' Q► Ifh ;� /� Pry. NU01986 August 13 , 1986 tCfty of Kenai Y� 7n* vio" Dept STATEMENT Mr. Jack LaShot CITY OF KENAI P.O, Box 580 Kenai, Alaska 99611 Cook Inlet View/Lilac Project Number 86074 Progress Billing @1 - thru August 9, 1986 PROFESSIONAL SERVICES Principal Engineer - 3.5 Hours @ $84 � Project Engineer - 102.5 Hours @ $72 � Inspection - 208.5 Hours @ $45- Technician III - 19.5Hours @ $38-" SURVEYING 3-Man Crew - 14.75 Hours @ $160 2-Man Crew - 74.75 Hours @ $109 -' TESTING Sieve FA - 3 @ 065 Sieve CA - 2 @ $50 Nuke Rental - 4 days @ 8100,' EXPENSES sg 0 294.00 " 7,380.00' 9,382.50 $17,797.50 , , t , 2,360.00' $10,507.75 $195.00 " 100.00 � 695.0, - AK Kwik Ropy - 10.50 x 1.1 ' 8 11.55 Foto Quick - 15.13 x 1.1 " 16.64 KPB - $2.10 x 1.1- J/d 2.J t 30.50 a Total Charges:c-1Q $29,030.75 No Sales Tax: TOTAL AMOUNT ODE: =$29,030-75 L K ! I v FO /V felf,eJ _ .u_ �Arf t� i�-TG Serrrrl_� 63 3 SI Z s. I JI'l �., 1 3; ' LA Y 7�'6' I I y ' t� r i ; I __ -- 8, - , i l I t +~ 1P I� 1 I It .. •14 . . . .. . . . . .. . . . . . . . is !Ig 19 20 ' 20.. — STANDARD - , 21;: �21 t2; 1; 23 AMT DAYS_ RATE �INTEREST_';I 2411 :24 25' �— 3,863.63 15.00 7.00 11.11 1125 261• 10, 3S�I�ZQ--22.S�Q �- 00 43.w 69— as, . .. _ — 10,333.08 15.00 7.00 46.99 ! 21.' 3,358.82 29.00 7.00 18.68 I 21 F 1 t to 3,_758,72_ 1.010-0 7.00. i 4+ 766.02 323.00 7.00 295.23 f 20; 42, 435.97 - _._ 41�.00 426.51 _•�—,- 32. Al 33 34 ;• I i I n 34 35 338 pl, Col 31 31 y It ii 39 -G� �4te"","J 39, 40 Ja , t Vage I . -r PAY ESTIMATE N0: r7 CITY OF KENIA1 C �y4 Project STANDARD DIUVL, VioNPSUN PLACE - 1984 ROAD HIPROMILNIS ` Contractor Central Alaska Construction Address P. 0. Box 1594 Soldotna, Alaska 99669 Phone 776-5515 Project No. Period From �Z�- ~;'t'o //•n►� Ol 3 ANAIM I S OF ADJUSTED CONTRACT AMOUNT Original contract nlnount Net change by change orders �4Q Adjusted contract ntnotint to date TO DATE $178,928.50 , T- � CE '^ "'• - ANALYSIS 01: WORK C011111.1� I'CU 1 Original contract fork complr.r,rd /17e OS Additions ft•utn ch; itge orders completed � O1•laterials stored at close of periodr- O7 Total eartiedGl • 5 + ;1 -Z 3 43 a_ r OLass rn :ainage of percent .fir—....��.. — a '�- 0 Total earned less rerninageO - 4 _ 3 (o ' �� . 111 Las:; amount of prey iotts. :inymen t s — � '3 ...535� I) 10, Dalaneo: due tills payatrllt —�f f •1I �.' �• f ;2, - `•v., � � !�•. LV ! ll rtC CUCC 1Un r �n b:../•..0 :,.c-•.•w .rr r.; City Verk F,.::�, by-. LJ� — arialnal T� Submitted pli: Cared OI: 0% []Yeti Ilhlce 2 of PAY ESTIMATE N0: STANDARD DRIVE, TIIOMPSON PLACE 1984 ROAD IMPROVEMENTS 4 CERTIFICATIOII OF CONTRACTOR r Aetolding to the best of my knowledge and belief, 1 certify that all items sea amounts shofrn an the fees of this periodic Estifnale r far 1'31161 payment ate corrects that all work has been performed andiot material supplied in full acoadance with the requirements of the true andletenced correct-itAtemrnt,of theur Juiv contract account to and iecl Jinn the lase dnY o! the Period coAe�rd by this Periodic Euimans i that no part of the "Dolance Due phis Payment" has been received. and that the undersigned and his subcontrailoss have•(Qaesa t� j a. EJOCompl.cd +vith all the labor provisions of sail contract. _ b. Cj Compl;rJ . ith all the labor provisions of said e•omttaet escfpt in those inefanees where an honest dispute wises with re- speet to said labor provisions. (it (b) Is ebeesed. describe Mfefly nature of dleflurs.) 1' a A b � men ra >r t, ti !� �, 19 j�v Title . =f� CERTIFICATION OF ARCHITECT OR ENGINEER ti I terrify that i have checked and verified the above and frressoinR periolle F.stimote for Partial Payments that 10 the besl of my knowledpe and belief it Is a true and coffee, statement ill tvmk perinrmrd and/or material by t ! supplied the contractors that all work sod"Of material inelel.lcJ in this IhriuJie Estimate has been inspected by me nn.l.or by my duty authorised representative or assistants and th.0 it lsaa been edoftned onl/.v supplied in full uccnrdance with requirements al the relercnce eonetaer and that pani.il a m.'nt elrinecJ anSrrqucsteJ by the contenc or is correctly � riot supplic J.itc. computed on the basin of work performed and/or Marc. r Signed Wince Co i:h'air.,iti k 4 Nast -- � — 4 PRE•PAYMEIIT CERTIFICATION BY FIELD ENGINEER } Qaesa r►rv@ of naparenr serrlfleds - of 11.1ve checked ibis c•.tim.ae .lr.lillm the cuntracua's Selil'dule of Ammiests fl)r Ctelfract Povinenta, Ilse notes and teparlg of my invpectiumv of Ilse svuject, .,oJ till' IWIi•ulie rep.nrs subnlittv.l by flsa• urcbimm'engiover. It iq my opinion that the aatvntent of work petlatmed snJ',v Inaleri.,ls r so • )lie, h s (ul nlequests , the cuntractar is ubsrr.inss the requircTenM of the contract. amJ that 1 c contractor shuuld hat p.iiJ t�te nmumtt scqucsteJ .ehwc. n - -- - — -- -,{ I cettify this ill al -it and 'tot malerial+ under live runn.,ct ba, been inspected by me ambeen pelfa 3 to, so p• ) that it has b plied in I "01da" •e ailh the rcquifvfnl'cslu nev of the ,act. orme Wince. Cc shell. fDuprionln...i :t t (DoleI �{ ArpruveJ _ i, i IeonUaei,ns uttb it v_. 3 --� page of pro' Oct StMIbARU I)RlvC . IIIUtiCSUlI CLA(;G - 1904 RUAo 1tIFROVOISITS is -�, —�•�� ` 0491C DID sciwv LE A 0"Hinnl Contract Amount Total to Unto • Item Description quntttity Unit it Did t and UnitPrice 11111tcost Qualltit � E Unable Excavation Type ly y Amount = lUU Ca 550000 Unusable Eitcavation 16.000 C.Y _ type I Claeeifled Fill! nn 2.5U 4U�2U— US00 Y p-e i kfill �Z' o'oall 11 aria z. g— l—=C-=Y -.. _..�30 27.3.___ 322_UO b' s dackf ill 11.031 C.Y 6-00 66,222;00 Remove Existing Cavement si• — ' 61sty_`� 103.00 " Level Course � 125 Sty 4.20 _. Asi►•hait rnvemen 523.00 --t ) 125 8.Y •, � _ ��netall'Ignp'-•-.-...._.� -•=1_ S__ UU Culvet 4 Ca. Calyso v. -----� ��J Furninit b Inotali l0 Steel 662 L.F 1 _ � '-tlp 14.UU 9r260.U0 �a� i F-�A+�U= Steel 149 L.F --' 1 1 Pot" al b lnotnli 24" pat--U� Z+3__ Z.,=_UU talA�� - - e CUI;_rolx lq r„ 3 � J� Etitniei'i b lttota�rFint.nQ —.1'00 L—F• 33.00 / Section 15" U.ta. 3'S-_..�.00 Eutnio�i b tuata.t Flata�'E'nt7 �. 63130.00 _ Section l0" Via. 16 Ca. 1 ea. Futntsb b Install 2�i'�UIa. .rg.�� 7S_ .00 ` oo .l _Flated E•td Ser.. 16 La. _ Topsoil ii3.2'�.' i_r_�UU.U� 1� U�. 0�� Seeding ~43V2 2-- U�___U.tlU-0•G1iU.UO ��•�• !+ iuuu s F. �` Naintennncn Notering — ' lUU.UU.00 �_ 1..... .......... .._ i t. Gal 3S.UU ApptvaCbeo •---------, 650.0U• Exin'tinR tflil�i^'ern ,_ 22 ga. SUM1.100.0U -- Conottuction :ono Lump Own S.000.UU O.0 0 Furn1sit 6 'Ittstnll C10 oat r ` , Remove and Relu t pant —`- _ 200.uo 400.00 Remove auJ Uispore of Clpe -'-•--•-L n-- •--�_�� SOU 33t1 1.•� �--� f . F. 0�JO .11d 2�G�iU.UU ` Eucn�nii n d�lace�"-'13ewci __��, ._,.__�_ ��i��,� Ruck Oi S .tecntlon o[ 92.50 �l�V 1_ P Oum 290.U11 •23U.UU Reloc�at�n� Caintinn Cont --•�.� .,��� ��%D� rr'•►_'i'('� �- i. an. SUU.pU a Amo ull t for 5UU.UU lls � o A01170.97o.9U ..� I ro i� � i' i; 4 i i} eAY. .ESTIMATE N0: rage 4, of Project STANDARD DRIVE. THOMPSON PLACE - 1984 ROAD IMPROVEMENTS Item No. BASIC BID SCHEDULE B RICHFIELD 1--CHANGE ORDER 1 Item Description Original Contract Amount Total to Date Quantity and Unit Unit Did Price Total Unit Cost Quantity Amount 201 Usable Excavation Type IV 2142 CY 4.00 8,568.00 G �. 202 Unusable Excavation 300 CY 2.75 825.00 1i 203 Type I Classified Fill 6 aac fill 1582 CY 9.50 15,029.00 104 Type III Classified Fill 6 —Backfil 5180 CY - 6.UO 31,080.00 , 502 503 F 6 115 Dia. CMP Culvert 14 Ga. Galy. Steel F b 118 Dia. CMP Culvert 14 Ga. Galv. Steel 138 LF 10 LF 16.00 20.00 2,208.00 200.00 t� 901 Approaches 5 EACH 60.00 300.00 ef 902Zg!neLump Existing Utilities in Const. Sum 8.500.00 8,500.0 �� �. 5 ego 903 F b I Post 6 Sign 5 EA 150.00 750.0 v f , 904 Remove 6 Dispose of Pipe 76 LF 5.00 380.0 J , 905 Relocate Existing Post -Office Cluster Box 1 EACH 500.00 500.0 ��•� ���;'i • I I I 1 � i 1 i . I $68,340.0 n = 4 L f: DEPT. OF COMMUNITT A REGIONAL AFFAIRS 13 POUCH JUNEAU1)ALASKA 99011 PHONE: (007) 465.4700 OFFICE OF THE COMMISSIONER 0 010 E. 36TH AVENUE, SUITE 400 ANCHORAGE, ALASKA 09509 PHONE: 1907) W3.10F3 August 120 1986 i The Honorable Tom Wagoner Mayor of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Wagoner: i. This will provide elaboration of Governor Sheffield's earlier announcement concerning the state's budget reductions for municipal assistance and revenue sharing. Signif icant decline '1 in projected state revenues for this fiscal year has made it necessary to adjust the state operating budget. While the y proposed spending level for the overall state operating budget ' for FY 87 is 15 percent less than the level authorized through appropriation, the decrease in the State Revenue Sharing Program and the Municipal Assistance Program was held to only 10 percent of the FY 87 appropriation level to cushion i` municipalities and other recipients as much as possible from the impacts of the revenue shortfall. 1 While the FY 87 entitlement level for your municipality in these two programs cannot be calculated at this time, the Department of Community and Regional Affairs has calculated 1 projected entitlements based upon the decreased FY 87 spending l levels and the municipal data used to calculate FY 86 t entitlements. 1 Enclosed are two tables indicating comparative payments for FY j 86 and FY $7. Table 1 shows state revenue sharing payments and j Table 2 shows municipal assistance payments. Actual entitlements will not be known until FY 87 applications have �:..____ been received and all data elements finalized. Please be aware ..... ...... _ _, that in specific cases, actual entitlements may vary widely - -- ' from the projected distributions shown in the tables. it is hoped the enclosed tables indicating FY 86 payments and FY 87 -- - - projected payments may be of some assistance to you in your financial planning for this fiscal year. Revenue sharing prepayments will be based upon the projected FY 87 entitlements shown in Table 1 rather than FY 86 payments. ` • 21•PILN .. __--_- fib. . _ _�.. J., - - .. _ .- _ ._._ _... ' 1 L n {J Mayor Wagoner � � � ` August 12, 1986 ! Page 2 { Additionally, Governor Sheffield requested that revenue sharing , - prepayments be sent out upon receipt of completed applications rather than waiting for the October 1 application deadline. -...- This represents a further effort to mitigate the impacts of the revenue snortfalls by getting the funds to recipients as soon i as possible. j While cutting budgets is a difficult task, it is a necessary i exercise at this time. We in government still have considerable resources to provide essential services to the residents of Alaska. We all have to set priorities and ' maintain realistic expectations regarding public facilities and s services. You will play a vital role in making the necessary reductions in a manner that preserves basic health and safety while minimizing disruptions at the local level. No one knows your community better than you and I trust you will use this } 1 knowledge and your good judgment to accommodate this revenue reduction. If you have any questions about the payments, please contact Jim Plasman at 465-4733. �- Sincere , k mi Notti .,� Commissioner Enclosures (2) ai a �! Borough Clerk 'r KENAI PQNINeYLA COAOuGH i ' CITY CLERK P. 0. Box 80 i Kenai, 99611• r � j 3 f 1 •1 � V .• r VO. V P. V V O V V V d• Q p e p e s p grit �y p VV �e .i .i OO�SraO.i • • �' r li N M 5•i'� �j I �► a d a a• n. o o • p rfa6 0 6 i I " F 'F, �i.C• Om. 9nv. Mr• vw•W_ N •Q• • M1+1•+11• p 0 l" a O "w =MOO ^ p ypa- p r N• O .•� Of1 40 dM M" O r N 1• r� p n e o `~Idol �QI"f g �° ,%+•• r5% no 40 M.- q Hir � r • MM"Mt '1 r • O � O O� ii �s . j f:$�j 'j� p s rn pr (++ � C l• .� O 00 AO ;IY�,■ ~•�r• i 1ss ;260.cp1�"� yyy PM cM M m O er O O fee �• : O • C • . �+ O • cIPA o ed --- - --... -- y� to Is °a 41 ° �' M'11 � " e ~^a�•n��2"M�nw"• �• � S a M. n �r • OD�90 O VO. ,� `B• ° e 510� 8° T n•rp• ° % off. • Iy r• - S o, c� L -_ , �xR£L�'{ r o w w • vw NO •P w p Ow i Ff f 3 Ea f �:wsp. f as $ €w$ asp 1"f NRn:i '�I. •� s S I. ••s eA w �p^q II rM� ww�.w ddg s e y�nP O•:wOqI" ? •.•Y P pY�^Sw0 SP nP :"e •M,' • y�1 AN i•.�4 M V M g•N 8 O a� cd M6 +p^O Y q :Mpf or •¢ •Ey Iw •• r g= 6 N ' �,if "w� I1n�i i� 7. I �ii9`•$ •, •9 1 ••b , I A I PS . w • • �+ ���B��s Bs as ,a}fh M•�-•�,as� sf� a� (j£,�j� =sf . �� �;� ;�ta�"�"� r' • pn}; �•• ��55 c }: (y4 ,yl. N QII SM �Y:� [ilia BrwL •w Obi •� g MO yNfii� X���i�S� g• •Nw �~+ � +:� .1 'p liM ii■ ® ~� Q•i w Fit Igo wpp,P. V . ww y,S ip. • Q a w► _w..44o H w .w.s if f 111C JOU • O` i• �� �10 �� Mp qO� :B� wnA • ? �: tO Ag � . /•� A•w7h • w• N� 88 �tlI R Y U p �O ••,p+ Ow �Oi w,i li iW1 .is. Sf 1� lei O 0 �w Op�ww•Yw n� �I� � • ww w V s gF$ir Is, Ai. H ° . � ea-@ a �rf ;.f» $rc "x as � ; if"if a g s g; % sf�, o i'sF • w•O Y p I � � s . iss iB ak2113' f:R�R: ?� f� Y�pp1�if r g i a• • O Y �" �� • n w M� R iiiiii • •• • w A 0 w a O I br wg jj�= • . 1t • yyR4Rw i.�a Hw O� 1 g¢* .O p fe . rw GG•s • (. {�j •a�+ i••S 6wISo i �aip� v� .i�w •,iiwFa •wi ^=A • H3o' �� � :_» i•. 8Qs •�f Z• r•�si ~ � ;iw 8 � �r• ����..Q w �wy � �n v $� iii • s s o� o�� w�, t1 L A. 1 u KENAI BEAUTIFICATION COMMITTEE r August 12; 1986 a ` King Oscar's Restaurant F Tim Wisniewski, Chairman { 1. ROLL CALL - k Presents Wisniewski, Hakkinen, Jackson, Nelson, Selby, Sheldon rF Absent: Hildebrandt, O'Reilly, „ Also Present: Hiedi Snow, Councilwoman Monfor (for Councilwoman% �. Bailie) 2. AGENDA APPROVAL Agenda approved as submitted -. 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Heidi Snow - Banners for Kenai The Committee met with Mrs. Snow and discussed possible designs which included the snow geese, a red salmon, moose, caribou, the Chamber -- cabin, the Russian church, etc. Mrs. Snow described her work thus for and showed samples of her work. Mrs. Snow will take a map of the downtown area and place possible positions for poles and banners. The Committee discussed the areas for the banners beginning with the Airport Triangle project. Mr. Boysen was to attend the meeting to assist in the location and numbers of the poles and banners, however, he was unable to attend. Mrs. Snow will be making approximately 9 choices of designs with possible locations and will return to the Committee as soon as possible. The Committee set a deadline for October for completion of the designs and estimates for the cost of brackets and poles. If there are any other ideas for designs, contact Planning Specialist Loper. b. Dick Boysen, Engineer - Representative of Rotary Club for Airport Triangle Park Mr. Boysen unable to attend 4. APPROVAL OF MINUTES of July 22, 1986 Minutes were approved as submitted 5. OLD BUSINESS { I a. Christmas Decorations �-' Planning Specialist Loper reported that the snowflake design and the purchase order were approved by Council. The decorations were ordered - a and will arrive shortly. L L �= BEAUTIFICATION COMMITTEE August 12; 1986 s; } Page 2 6. NEW BUSINESS None r 7. PARKS do RECREATION COMMISSION REPORT Meeting was rescheduled for evening of August 12th. No 9 available at packet time 8. COMMITTEE QUESTIONS 6 COMMENTS •I None . " 9. ADJOURNMENT 11 LIN KENAI LANDSCAPING REVIEW BOARD is August 12,. 1986 at 7:00 PM Kenai City Hall - - - Lou Schilling, Chairman 1. ROLL CALL Present: Caler, Cole, Darrow, Schilling j Absent: Oberg, excused ! - - Also Present: Planning Specialist Loper, Councilman Hall 2. APPROVAL OF AGENDA Agenda approved as submitted 3. APPROVAL OF MINUTES of July 7, 1986 Minutes approved as submitted a. OLD BUSINESS a. Discussion: Trees in ROW - Lot A2A, Sprucewood Glen 05 - Aaron r Kotzin of Neal A Co. Mr. Kotzin, with the McDonald's main office in Bellvue, was not able to attend. Mr. & Mrs. Maack did attend to explain the problem. Mrs. Maack explained that prior to any clearing on the lot by their contractor, one of the trees which stands in a cluster in the ROW which is slated for upgrading, has had its' roots damaged. The tree is in danger of falling and very likely will not survive. The Board and the Moocks discussed removal and replacement. The Moocks plan on placing a retaining wall 20' in length with two wings 5' on each side to protect both the vehicles and the trees. The ".4 _ ROW will still move forward with the same plans for seeding and 'N retaining the remaining trees. It was emphasized that every effort should be made to retain those remaining trees. - MOTION: Board Member Caler moved approval of the site plan as presented this � N .. date, seconded b Board Member Cole. y VOTE: Motion passed unanimously , 2 T. E - �_ 7 LANDSCAPING REVIEW BOARD A August 12.. 1986 J, Page 2 S. NEW BUSINESS 41. a. Council Action: Combine Landscaping, Site Plan, and Old Town Ordinances - Revise Landscaping Ordinance The Board and Councilmen Hall met to go over the ordinance and made further revisions. It had been pointed out by Howard Hackney that several revisions had been made to the landscaping ordinance and.the Council had approved the ordinance without the revisions they had desired. The ordinance which combines these revisions plus the addition of the site plan criteria will go to public hearing at the Planning Commission level at their next meeting on August 27th. 6. BOARD QUESTIONS AND COMMENTS 4 None 7. ADJOURNMENT There being no further business, the meeting was adjourned at 8:12 PH.