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1986-07-16 Council Packet
Kenai City Council Meeting Packet July 16, 1986 OWN '. ' A 8 0_-- � F �p bugwObo Mdpl ¢• obrMn Ifto orop a; nw�"�b e, twe�o►rr r,osbd �>� toee�ere., . ,,,°"'•"�""t0M0M1Nee".�p� to WO �,. ddrwa. No. t teQ•ee �� Neo,Q� �'' jl IIN 1 a IMid durft 11» moor cum rrMienp �dn:InNO�tlon &Aft /or tlM purport of dam0 p0p0Nd opp ooft p ?:00 p.m, ft 0►oQoMdor*ffwl=ybe*mT* donwNkdgnrrMnKaMI k�i,m— niw e:ooam.Anae:oopn. UP, °�w!►�trr.wnaonrrd asr �+��M�W and oonnt�il,�.r°1tl'M"'•niir a�plfly n� O a F AGENDA KENAI CITY COUNCIL - REGULAR MEETING DULY 169 1986 - 7100 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 Min.) 1. Representatives fro Bu abore Dr. - General Problems of Widening Streets (G- C7 2, Bob Coweng Old Town Comm. - Report 3. Representatives from Kensitze Ct. - Problems with —_._.-.UpcGrade ,- W,,•�o%+z�'. T '\" Lvr. r G np t)(Alrr*44.. �Jn1\e. cy a C. PUBLIC HEARINGS �'^^ �9 ----1. Ord. 1149-86 - Landscape Regulations 2. Ord. 1152-86 - Increasing Rev/Appna - Federal Revenue Sharing - $374#093 3. Ord. 1153-86 - Amending Kenai Municipal Code - Insurance Requirementa, Contractore 4. Ord. 1154-86 -.Amending Ord. 972-84 - Change Redemption Features - GO Bonds 5, Roo. 86-66 — Awarding Contract - Airport Way Widening Qs Landecepingo Projeet!Management - Wincet Corthollq Bryson - $490500 6. Ree. 66-67 - Tronef, of Funde - Inspection Contract - Airport Wy Widening A Landscaping - Wincet Corthelll Bryson - ;12t5OO 7. Roe. 86-68 - Awarding Contract - Flight Service Station Conet. - Wood�iard Const. - $193340236 B. Res. 86-'0 - Tranef. of Funde, Flight Service Station- Const.- $1129000 Roe, 86-69 - Awarding Contract - Airport Way Widening 6 Landscaping L.,40. Ree. 66-71 - Supporting Landfill Permit Extension 11. Roe. 86-72 - Allowing One Year Extension to Drilling ® Permits - Cannery Loop 01 d N3, Union Oil • �'fl r D. MINUTES 1. *Regular Meeting$ July 29 1986 E. CORRESPONDENCE F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paidt Bills to be Ratified 2. Requisitions Fxceeding $1p000 3. *Ord* 1155-86 - Amending Zoning Code 4. *Ord. 1156-86 - Amending Senior Citizen Budget Or - d # 89 A--5. *Ord1157-86 - Increee Rev/Appne - Capital Project Funds $6440000 6. *Ord. 1158-86 - Amending Zoning Map - Baron Pk. S/D 7. Assign. of Lease - Inlet Industries to Decor Indust - �p� r 8. Approval - Airport Terminal Lease - Fe Apderal Express• 9. Vacation - Anchor Easement - Kenai Peninsula Estates 10. Approval - Change Order #4 - Airport Apron, Willow St. Extena. - $1#398 Disc. - Contract Retainage ® 12, Disc. - Combining P&Z and Landscape 8d. Site Plan Ordinance 13. Assign. of Lease - Zehrung to B&Z Ventures - Alyeaka S/D REPORTS 1. City Manager 2, Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning do Zoning 7. "H-arbor Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT ® n V ero . 114 w INS NEI ►inun,�iii FAA ��IMO FAtJM FZ ii�iii�iiiiii INNNMI MEMENE MEN NMI MOMMEMEMMINUMME11i " 4 �rt JUL`! 160 1986, Council Meeting INFORMATION ITEMS 1 - Memo, Admin, Aset. Howard to Atty. RPT"re - Redetermination, City Owned Lando Leoeee. 2 - AK Reeource Devel. Council - Meeting, July 14, 1966 3 - AK Reeource Devel. Council - Neweletter, June 1986 4 - Billing - Doyle Conot. - Inlet Woode S/D - $240,813.25 5 - Billing - Doyle Conet. - Robin, Kensitae, Eagle Rock, Sandpiper, Tern, S. Strawberry - $189,539.55 6 - Billing - Const. Unlimited - E. Aliak, N. Highbueh, Swirea, ' S. Highbueh, Bumblebee - $38.114 7 - Memo, Public Worke Dir. Kornelia to City Manager Brighton - Strip Paving of Candlelight 8 - Billing - Architect Gintcli - Automated Flight Service Station - $69000 9 - Corpe. of Engineore Notice - Placement of Mooring Buoya 10 - Tronefer of Fundo Under $19000 - July, 1986 11 - Letter, FAA to Airport Manager Ernot - Airport Improvement Allocation jw W 0 0 . •t i •4'i i 1507 Earabara Drive Kenai, Alaska 99611 July lip 1986 Members of the Kenai City Council, This is regarding the proposed improvements to Kenai's Barabara Drive. I regret that, due tc other cbligaticns, neither Victor nor I can be ;resent at this important meeting. Sinop we lived on Lilac when it woo 'improved' in 1978, we have ver strong feelings about improvements that mean a barren swNh with ughly ditches and a rougher roadway than before. Barabara Drive has little traffic. It is rare tc have more than one oar on it at a time. There is no drainage problem. We want a pretty country lane, and not a gravel highway. Please don't improve us to look like the area around Candlelight. What they still have are dirt roedsl Our lot happens to be quite small (120318 SF +-) already, and shrinking from the river sido. While we fully understand the legality of the deeded right-of-way to the city, a ditch aorcee 85 percent of our lot (house) would be hcrribles not mention what it would do to our prcierty value. Please soe attached survey. I invito you to take a look at our lane before you make a decision to go ahead with this issue. What we need is regular maintenance and a 'no river aocesel signs that is all. If ycu must bow to proeoure to improve Barabara Drive, pleaso consider stopping at the nortlowest corner of our property. The roadway naturally narrows there and ends just a few feet to the south. We are, quite unod .to our parking area being used as a turn around s;ot. I urge you to pg& appropriate any funds for the proposed Ber,abare. Frive project. Sincerely, Havel Jolan Kett (Mro. Victor A. Hett) Ll .` V n O n� I " �I V� V .4 ZQKi !uv ' J"T: d-.ruV va ;.. �.'1.7u.( •L'i j0 j1 • � v' . • � 9UJ;.tJJ •).:e t;Litl �vA)') JA':OS�:i::7:. •., � O "4a;'1V4,3 r Ito 1+41, •�Ji1.:.J ,:d'��.::.� I•L:.. , r ` adv A.:d�iOJ ,V.(o I'XII U0,440:t e+q"43C4, .: rir: aj �n�lnsac•�tl0 v o0 O41 PO4,4A.MU o.P :•( 11'ij: Ai4;I46a .►h ..: • ��� V :.:mow �.V �i � ••1.l'ri••:r•r Zvww.iu rl dwo aiiva6 Q':L' aUa;rcr:i'. 4 )•�uti �:r� .�:.Ir:..'..►. ;�, y r �� 144C 1SV3 ..� .. pg I op O. S E 4 0 1 I I I i Z•98 6•LL % gio II a .0 - a o COO w b IOt?1/U -8tt o w a l �►�~ 1 C 30 to 1 a I � w � a • 08 �� I O „ > I o � w D I 03 I 1 at -Sir t �0 CE �01 / ,0 ¢ a ,t IM 1S3M I ✓fs •10i,t•tatQ du;PAOOOU TWON 065 Gaud a I� Is81;j 7z KGGS uj peq;.xosap c e ' VNSV'IV `IVIL-X 30 rJ.IO t4 .49 'METV 'ti5l 401 '03S +G Wrl 41MOMA00 NI UmdOhd slno,43I:I "t :lx'IJh':0 Pus 'li SS;3P a.1 33 1 X iAW..s I'i I,'l —SV i AaAJno 9iy3 —4 isva 1 L 101 t,AOD Oull .N A 1=` G�' •, �•i: •��� , ��. t� • •• I � I.A ♦,r•. pyJ.M•4.... r .• y. July 1191986 Tos Members of the Kenai City Council Fromi The residents of Illiamna View Subdivision Subjects Road upgrade on Kenaitze Court We, the residents of Illiamna View Subdivision, were happy to have the city care enough to upgrade our road. However, the road upgrade seems to have been designed in isolation from its surroundings and has caused grievous concerns for the residents. We have talked with both Keith Kornelisl Public Works Director, and the Ocean Tech design engineers Bill Mendenhall and they are aware of these concerns. The following items are listed for your review and Information* 1. Engineering plans appear to have been developed with no apparent thought as to how the road changes would affect individual property owners or property values 2. The road was raised so high thats as in somo cases, garages are lower than the road b. some driveways have a steep incline which causes trouble getting in and out and in winter will prove almost impossible to maneuver ce several lots will be flooded in the springs causing possible loss of property value and/or added burdens for the development of these properties 3. The turnaround on the north and of Kenaitze Court appears to be designed so that the residents will find it impossible to get out of their driveway once winter art -lies and city road crews will not be able to maintain it 4. At the public hearing held to discuss our road upgrading, we expressed M special concern about the depth of the ditches along our road as it would be a potential hazard for parking in the street. We were assured that the drainage ditches would be no more than one and a half feet deep. In actualityq the ditches are four feet deep in Many places Because of these problems, we are asking that the road be corrected by lowering it. This would allow us to got in and out cof our driveways again, and would prevent flooding of our lots and driveways in the spring. 0 A solution offered by Mr. Kornelis is to have the city correct our driveways, by leveling, grading and repaving. This however, does nothing to solve the potential decrease in property values due to flooding or to correct the north and of the road which apparently will be inaccessible in winter or answer our concern about parking on the street. We would accept this offer as only a poor and partial solution to our road problems. We are hopeful that this information clarifies the road situation on Kenaitze Court. With this information in hand, we ask that you help us solve these problems, knowing that we are all proud residents of Kenai and all of us have vested interest in building the best possible community. 81ncerel y,C lei -va el. cco Mr. Keith Kornelis, Public Works Director Mr. Bill Brighton, City Manager P.S. Other residents of the subdivision were unavailable to sign this letter, but they agree with the concerns mentioned. L 11 c =t- �1 F CITY OF KENAI 010 PIQALOO KENAI. ALAdKA 00011 TELEPHONE E0.7833 July 7, 1986 Mr, Thomeo Ackerly 'VeVN/S f eNtot ✓w Cl-WV9p j(A0-V7.1<«N 4530 Keneitze Court olrRN,�Dex A/ees Kenai, AK 99611 ya g'o 46AVIlrpe ySro 412r^o 08 SUBJECTt SOUTH STRAWBERRY AND KENAITZE COURT (SKESTR) Deer Mr. Ackerlyt A property owner on Keneitze Court hoe requeeted that the City of Kenai do oome work on their property to make their driveway not oo eteep. , The City of Kenai will, at your request, build up approximately 27 feet of your driveway from your property line toward your houeo. This 27 feet of driveway would be repaved and the ourrounding area topeoiled and aeeded to blend into your exiating lawn. Thia work would be at no coat to you. If you are in agreement to the above and give the City approval to work on your property, pleaee oign below. I agree to the abovet Signature Date gne ure Sincerely, Keith Kornelie, Director Public Worke Department KK/ow L -R 4 0 1 d 1 L . t i � FYI t � Y a u7'1 ' 2 �• �(�- lags TO WE CITY COUNCIL, CITY OF MW , ALASKA This is a petition ez$reasing opposition to the tribal center proposed by the Konaitze Indian Tribe on Amax St., Kenai, Alaska. We feel that it would be disruptive of the normally quiet neighbor- hood especially since this property is zoned as a residental area. We feel they are violating zoning laws by putting this center in our neioiborhood. Also in violation of the city law, mobile homes have been brought on to the property. ICana�._ aC.-iL,t,4 so I=,- riIl��' D,W Ano J1 bA AA-11 1%—' I / i L A-.- --- - did 40a gad 6VAJ4 3 0 �o kit• ti..-�,.�- - -- �50;a & rr 1 • A = -- L Suggested byt Administration CITY OF KENAI ORDINANCE NO. 1149-136 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAIO ALASKAt AMENDING KENAI MUNICIPAL CODE SECTION 14.25 ENTITLED "LANDSCAPING • REGULATIONS." WHEREAS, problems have arisen implementing requirements of the landscaping regulations{ endq WHEREAS, the Planning and Zoning Comission, at their June lip 1966 meeting# approved the attached amendments to KMC 14*25* NOW, THEREFOREO BE IT ORDAINED BY HE COUNCIL OF THE CITY OF KENAIp ALASKAt that KMC 14.25 entitled "Landscaping Regulations" be amended so defined on the attached Exhibit "A." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKAp this second day of July, 1966. -TOR WAGONERO MAYOR ru ATTESTS Jane olanp City or First Readings June 189 1986 Second Readings 3ul 2. 1906 11, 1986 Third Reading: July 6/27/86 Effective Date: Aug. 16, 1986 r _r- Mf,; U il A L Sections: 14.25.010 14,25.020 14.25.030 14.25.035 14.25.040 14.25.050 14.25.060 14.25.070 14.25.080 14.25.090 14.25.100 i sxk;� A Chapter 14.25 LANDSCAPING REGULATIONS Intent Application Landscaping Plan - Submittal Requirements Landscaping Site Plan Landscaping Plan - Performance Criteria Landscaping Review Board [SECURITY AGREEMENT] Completion [DEFINITION - LANOSCAPINGJ Modifications Expiration Penalties e in Ono 14.25,010 Intents It is the intent of this section to provide for lendecep�ng and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City of Kenai. The general purpose of landscaping is to visually enhance the city's appearance, maintain or increase property values, and reduce erosion and storm runoff. (Ord 1094) 14,25.020 ARplicetion$ This section shell apply to ell commercial and industrial development within the City of Kenai. "Commercial development" shell be defined as any improvements requiring a building permit for construction of $10p000 or more located on pcopsrtioa within the Central Commercial (CC), General Commercial (CG), Heavy Industrial (IH) and Light Industrial (IL) zoning districts. (Ord 1094) 14.25.030 Landsce in Plan - Submittal Re uiremente$ Three (3) copies of the landeCOP1119 Plan onall big oubmitted for seerovel to the [BUILDING OFFICIAL IN CONJUNCTION WITH—K—REQUEST FOR DING PERMIT IN COMPLIANCE WITH THIS SECTION.] Planning. she W;;;pMd it a m n mum scale of To# n 2001 and shell include the following information$ (a) Common and scientific name of the planting materiels to be used in the project jb) Typical planting details c) Location of all planting arose and relationship to buildings, perking areaeg and driveways (d) Identification and location of existing vegetation to be retained W C (a) Identification and location of non -living landscaping materiels to be used (f) Identification of on -site snow storage Ocoee (g) Drainage patterns 14,25.035 Landscaping Site Plant Require submittal of preliminary site plan and approval by the Landscaping Review Board prior to any land olearning and/or tree cutting. (Ord 1094) 14.29.040 Lendece in Plan - Performance Criteriet (a) Object vest An effective landecaping plan should utilize a variety of teohniquee for achieving the intent of this ordinance. The appropriate placement or retention of vegetation in sufficient amount will provide the beet results. Perimeter# interiors and perking lot landscaping should be included as components of the overall landscaping plan. (b) Perimeter Landecepingt Perimeter landscaping involves the lend areas adjacent to lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent land uses. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles. (c) Interior Landecepings Interior landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the site, and to provide for attractive driveways and streets within the site. (d) Parking Lot Landecapings Parking lot landscaping involves the land arose adjacent to or within all parking late and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development, it also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (a) Maximum Required landecaping: The Landscaping Review Board shall not require more then five percent (SX) of any Project area to be landscaped. -------------- --- ---- L JJ i w 1 a4' � 14.25.050 Landscaping Review Board: (a) Membership, i n Qualifications, TOrMat and Ru eeas The Landscaping Review Board shall consist of not lees than five members who shall serve without pay. Members shell be appointed by the Mayor and confirmed by the 4 Y Council. Members shell be appointed for s term of three yeare, excepting the initial members who shall be 4 3---- appointed for a one, two, or three year term. The ` Board shall elect a chairman, vice-cheirmanp and clerk. �. A majority of the membership shall constitute a quorum for the purpose of transacting business. (b) Meetings and Proceedings: The Board shall meet to review and take action on a landscaping plan within fourteen (14) days of satisfactory submittal to the Building Official. The Building Official shall issue a building permit upon approval of the associated landscaping plan by the Board or the expiration of 14 days without official k. Board action, providing all of the other requirements for the issuance of a building permit have been met. Any appeal of the action of the Board shall be submitted in writing to the Kenai City Council. (Ord 1077). `1 14.25.060 [SECURITY AGREEMENT] Cow lotion: All required landscaping so presented n the approved lanUacaping plan shall be installed [PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF -� OCCUPANCY BY THE BUILDING OFFICIAL] within nine 9 months of com lotion of the buildingconstruct on. a DING OFFICIAL) Planning and Zoninuecialiat shell make the final inspection to verify the completion of the required landscaping. In the event + that the landscaping has not been completed upon request for the Certificate of Occupancy, the Building Official may entertain application for a one-time tormporary nine (9) month Certificate of Occupancy which shall be subject to approval by the City Council. The Landscaoino Review Board m©v orant extenaienn to 14.25.000 Exoiration: If construction of the oro_iect has s 14.25.090 Ponaltiee: Penalties for non-compliance with this chapter shall be as set forth by KMC 14.20.160. L M M r 114.25.0701 14.25.100 Definition - Landece in : "Landscaping" means the ree men of the-groundsurface with live planting materialso including but not limited to, trees, shrubs, grace# ground cover or other growing horticultural material. Other materiels such as wood chipsy atones or decorative rock may also be utilized. A list of recommended landecaping materials shell be provided by the City of Kenai. (Ord 10:7) " •. 11 �YIY� i r=� CITY OF KENAI %Od 6"4414 4" 210RUALOO MM,ALAM M11 TELERNONEsn -MO s J. June 23. 1986 TO: Council � __w,Zv FROM1 Janet Whelan 310j City Clerk RE1 Ordinance 1149-86 - Landecaping Ordinance The following amendments were recommended at the June 189 1996 Council meeting. 1 - Combine Landscape Board with P&Z. 2 - Penalties for non-compliance should not be deleted. 3 - A work oesaion should be scheduled For PdZ and Landscape Board. 4 - Combine Site Plan Ordinance (Ord. 1132-86) with Landscape Ordinance. S - Change "Planning Specialist" to "City Manager's Dooignee" throughout ordinance. jw 0 U - Y G .V S CITY OF KENAI I 10d Oap" 4 44m" MONUM l(WAb AUSM iNlt ...__ �veoHeQ�.rese MEMORANDUM �_. .. TOt Kenai City Council FRO141 Janet Loper, Planning Specialist • SUBJECTS Ordinance 1149-86t Landscaping Ordinance - Amended OATEt July 16, 1986 Review Board met with Howard Hackney The Landscaping ev r Y and Bob Cowen Chairman of the Old Town Committee on 7/15/86. The amended Landscaping Ordinance before you is a result of that work eeseion. to- ;X . A 14.25-14.25.035 Chogter 14.25 LANDSCAPING REGULATIONS Sectiones Q c-� 14.25.010 Intent 14.25.020 Application 14.25.030 Landscaping Plan - Submittal Requirements 14.25.035 Landscaping Site Plan 14.25.040 Landscaping Plan - Performance Criteria 14.25.050 Landscaping Review Board 14.25.060 (Security Agreement] Completion 14.25.070 (Definition - LandecapingJ Expiration 14.25.080 Definition - Landecaping 14.25.010 Intents It is the intent of this section to provide for landscsp ng and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City of Kenai. The general purpose of landscaping is to visually enhance the city's appearancep maintain or increase property volueep and reduce erosion and storm runoff. (Ord 1094) 14.25.020 ARplicatione Thio section shall apply to all commercial and industrial development within the City of Kenai. "Commercial development" shall be defined as any improvements requiring a building permit for construction of $10,000 or more located on properties within the Central Commercial (CC)t General Commercial (CG), Heavy Industrial (IH) and Light Industrial (IL) zoning districts. (Ord 1094) 14.25.030 Landscaping Plan - Submittal Re uirements# Two 2 [Three (3)] copi-66--67 the landscaping pion shall e submitted for for approval to the (Building Official in conjunction with a requeeT building permit in compliance with this section.) Plsnnin Department rior to the issuence of a buildino Dorm no copy of the approve ill be returned o the applicanr 61 no copy filedwith the Buildin-FUfficlal. The an scoping plan ahell be prepare a-F a minimum scale or T7 a 2011 and shall include the following informations (a) Common and scientific name of the planting materials to be used in the project (b) Typical planting details (c) Location of all planting areas and relationship to buildings, perking arena, and drivewaye (d) Identification and location of oxioting vegetation to be retained (a) Identification and location of non -living landscaping materials to be used (P) Identification of on-sito onow storage areas (9) Drainage patterns (h) Typo oP buoineee .L L aI 0 R l� �i i, , .i 14.25.035 Landscaping Site Plan: The City requires [Require] submittal of a Lprolimineryl site plan and approve by the Landscaping Review Board prior to any lend clearing and/or tree cutting. (Ord 1094) 14.25.040 Landscaping Plan - Performance Criterias (a) Objectives: An effective landscaping plan should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention of vegetation in sufficient amounts [among) will provide the beet results. Perimeter, ir• er or, and parking lot landscaping should be included as components of the overall landscaping plan. (b) Perimeter Landecapings Perimeter landscaping involves the lend areas adjacent to lot lines within the property boundary. This buffer landscaping serves to separate and minimize the impact between adjacent lend uses. Buffer landscaping may be desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles. (c) Interior Landscapings Interior landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and highlight entrances to the Bite, and to provide for attractive driveways and streets within the site. (d) Parking Lot Lendscapings Perking lot landscaping involves the lend areas adjacent to or within all perking lots and associated acceoa drives. Parking lot landscaping serves to provide visual relief between vehicle perking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedeatrion circulation patterns. (a) Mat-imum Required Landecaping: The Landscaping Review Board shall not require more then five percent (5%) of any Project area to be landscaped. , ) Reviews 14.25.050 Londoce in Review -Boards (a) Membership, Qualificationo, Terms and u ess The Landscaping Review Board shall consist of not lose than five members who shell serve without pay. Momi,ere shall be appointed by the Mayor and confirmed by the Council. Members shall be appointed for a term of three years, excepting tho initial members who shall be A r FM_ appointed for a one, two, or three year term. The Board shall elect a chairmen, vice-chairman, and clerk. A majority of the membership shall constitute a quorum for the purpose of transacting buoineos. (b) Meetings and Proceedinget The Board shall meet to review and take action on e landscaping plan within fourteen (14) days of satisfactory submittal to the [Building Official] Planning Department* The Building Official shall issue a building permit upon approval of the sasociated landscaping plan by the Board or the expiration of 14 days without official Board action, providing all of the other requirements for the issuance of a building permit have been met. Any appeal of the action of the Board shall be submitted in writing to the Kenai City Council. (Ord 1077) 14.25.060 (Security A reement]Com letion All required landscaping as presented n the approved landOCOping plan shall be installed prior to the issuance of the Certificate of Occupancy by the Building Official. The Building Official shall make the final inspection to verify the completion of the required landscaping. In the event that the landscaping hoe not been completed upon request for the Certificate of Occupancy, the Building Official may (entertain application for a one-time temporary nine 9) month Certificate of Occupancy which shell be subject to approval by the City Council.]grent a temporary certificate not to exceed nine (9) months. Excirationt If construction_ of (14.25.0701 14.25.080 Definition - Landsce _i_ngt "Landscaping" means Be treaTiont of the ground outface with live planting materiale, including but not limited to, trees, ehrube, green, ground cover or other growing horticultural material. Other materiels ouch as wood chips, atone, or decorative cook may also be utilized. A list of recommended landscaping materials shall be provided by the City of Kenai. (Ord 1037) DRAFTt 7/16/86 F July 10, 1986 City Council Members Councilwomon Sally Bailie Q. - a This past week our community experienced the loss of a fine young man. Because, of the sadness felt by many, and a desire to have a living memory continue, I am proposing the City of Kenai establish a Memorial Park. A park where myself and others would be able to plant a tree in memory of a friend or loved one. Through the use of Federal Revbt.,;3 Sharing we should be able to provide funding needed for design and ground work. I suggest approximately $50,000 to begin the project. ' B Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1132-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING REVENUES AND APPROPRIATIONS IN THE FEDERAL REVENUE SHARING FUND BY $3749093. WHEREAS, the Council of the City of Kenai hoe reviewed requests from the City Administration for appropriations of Federal Revenue Sharing Monies; and, WHEREAS, determination has been made concerning the desirability of and the need for the purchase of certain assets and supplies for the City; and, WHEREAS, adequate funds are available in the Federal Revenue Sharing Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1: The 1986-87 annual budgets of the City of Kenai be amen ed to include the items listed on Exhibit A, which Is attached and mode a pert of this ordinance. Section 2: Estimated revenues and appropriations be increased as followol Federal Revenue Sharing Fund Increase Loti ted Revenues: Appropriation of Fund Balance V74� 29 Increeae.Appropviatione: Trdnafers to General Fund $3490093 Tranefere to Capital Projects Fund 25,000 MQU General Fund ncrease otimated Ro.anueo: Tronefere from Federal Revenue Sharing Fund 134 .093 Increase Apppropriations: Clerk - Mechinery and Equipment : 39500 Legal - Machinery and Equipment 39900 1 'P i • I F Finance - Machinery and Equipment 3,S00 Planning de Zoning - Machinery and Equipment 3,i00 Public Works Admin. - Machinery and Equipment 6,000 Non -Dept. - Repair and Maintenance 550500 Non -Dept. - Operating Supplies 6,000 Streets - Machinery and Equipment 1819500 Buildings - Machinery and Equipment 160200 Shop - Machinery and Equipment 13 700 Animal Control - Machinery and Equipment 3,800 Fire - Repair and Maintenance 249000 Fire - Machinery and Equipment 3 970 Recreation - Repair and Maintenance Recreation - Machinery and Equipment 1,923 Beautification - Operating Suppliee 69000 Library - Machinery and Equipment 7.500 Cegita1 Projects Fund Ballfield E 49.093 Increase Estimated Revonuess Transfer from Federal Revenue Sharing 0A Increase Appropriatione: Construction S 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 1986. ATTESTt Janet a an , y e r Approved by Finances p90 7/9 TOM WAG-ONER0 OR First Reading: July 2, 1966 Second Reading: 3uly.16, 1986 Effective Date: July 16, 1986 2 Lrm. C, W 0-1 NO 0 19 Exhibit A Federal Revenue Sharing List Clerks Computer Legal: Computer Finance: Computer P 6 2: Computer Public Works Admin.: Computer Public Works Admin.: Blue Print Machine streets: Loader Mounted Snow Blower streets: Angle Blade for 966 Loader Streets: Loader Buildings: Van Buildings: Telescoping work platform shop: Tire Balancer Shop: Brake/rotor Lathe shop: Electric Welder and accessories Shop: 1" Drive Air Impact Wrench Animal Control: Alarm System Animal Control: Euthanasia Chamber Fire: Replace Ceiling Fire: Replace Carpets Fire: Replace Light Fixtures Fire: Hurst Cutting Tool Fire: Hose Roe Parks: Ballfiold Recreation: Replace Carpet Recreation: Recreation Center Security Beautification: Christmas Lights Library: Newsbank Equipment Non -Dept.: Senior Center Carpet Non —Dept.: Banners Non -Dept.: City Hall Painting Non —Dept.: City Hall Carpet *Capital Project N 0, $ 3,500 3,500 3,500 3,500 3,900 2,500 91,500 10,000 80,000 13,700 2,500 2,700 5,600 3,200 2,000 1,800 2,000 7,000 11,000 6,000 2,300 1,670 25,000* 9,000 1,923 6,000 7,500 17,000 6,000 --- 22,0_.0_�0 _37+•09, I Po W D0ewlnBoard® `::� �O fOft 120SOf.0A TttAf TSRlt A+J COAL T tt:14MU7.93M n P " -. CITY OF - 210 Rdetpo Ke TO C ; f PCo IL rat Tue i Rev;e,,�, � by e. /(may o .✓ U .4T 'Y 11 .L 1 u { Fin, A* ,c oe4 oft �� aed 6 /z — k6 . N{ORDiN OVA • auNr1 07 DATE 1- /o -.'Z SUBJECT rr d f P r, w ro., t fo„1-e-eAt ,y t..yo•, y /e 7pg-- .-.�;J, ' LM`! u Is - C. 0A MEMORANDUM TO$ William J. Brightant City Manager FROMs Keith Korneliet Public Worke Director DATES July 119 1986 SUBJECTS KENAI SPUR PARK I have been asked to look into Utility problems that might exist if the City wee to build a perk in the Triangle area between the Spur Highwayq Ryane Drives Frontage Road, and Lake Street, Pacific Telecom (Phone) - Thie is the biggest problem. The two phone pedestals that ere located in the low area next to Ryane Drive would cost over $50t000 to move. Evidently they are the two major pedeetale in the City. Enoter (Gas) - The gas company has estimated $8t000 to relocate T eic gas mein and service line. I've asked them if we can't just place fill over the lines. It oleo looks like there ie a gee vent and some gee valve boxes in this area. HEA (Electric) - Power is overhead and if we can live with the p7a ear everything is O.K. except for maybe a stub pole if we add fill since the part above ground on a pole ie treated differently then the pert below ground. FAA - They have a small building near Ryene Drive. USGS - There is a survey monument in the low area near Ryene Fr_rve. Estimate $19000 to relocate. Water and Sewer - The lines in this area are very deep. If any leaddod they will be too deep to repair if they happen to break. SUGGESTION I would suggest that the City does no major excavation in the area and that -we landscape and contour the ground to fit the bbove obetructiono. Since minor excavation would have to take place for sidewalks, I would suggest doeigning the sidewalke to have minimum conflicts with the Utilities. KK/sw JZ F .. ; •� � 1�• dr. �'�••� � � • � J � � • Nb INK, 0 • F mom 11 A r 1= -- _ _ tom;, J C -3 Suggested by: Public Works Department CITY OF KENAI ORDINANCE NO. 1153-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 18.20.030 ENTITLED "INSURANCE REQUIREMENT. WHEREAS, some insurance companies will no longer approve amendments to certificates of insurance reflecting language in KMC 18.20.030(a)(2); and, WHEREAS, only a few insurance companies will alter the wording on the certificatee of insurance; end, WHEREAS, the cancellation wording has no relation to the types and amounts of coverage afforded under KMC Title 18. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 18#20.030 is amended as follows: 18,20,030 Insurance Requirement: (a) Before the issuance of a year y cenee, the contractor shall provide to the City certificates of insurance evidencing: (1) Not lose than $500,000 combined single limit bodily injury and property damage. The applicable certificate of insurance shall clearly indicate that the property damage liability coverage includes hazards from underground work, explosion, collapse and damage to underground wires, oonduite, pipes, fittings, mains, sewers and a similar document of indemnity required pursuant to the provisions of KMC 16.20.040 hoe been incorporated into and made part of the applicable insurance policy. (2) The Certificate of Insurance provided must contain the following clause (or a similar clause mG ng the some provisiona): "In the event of cancellation of the above contract of insurence, the Company or Underwriters will endeavor to give not lose then thirty (30) days' advanoe no ce by mail to the party to whom this certificate is ieaued, at the addresa heroin! which shall be sufficient proof of notice. (THIS PROGRAM SUPERCEDES AND REPLACES THE CANCF11AT10N CLAUSE PRINTED IN THE FORMO IF ANY.]" If the form of certificate used by the contractor's insuror does not contain a cancellation notice complying with the above, then the above clause must be substituted for the clause in the form. ter" rat 1 (3) Workmen's compensation insurance in accordance with the Iowa of the State of Alaska. t PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th '-} day of July, 1986. TON WAGONE09 MAYOR ATTEST: • `G 1t i - 1. ens he en, C y Clerk �_-�--�- Approved by Public Worker First Readings July 2, 19136 _ Second Reeding: July 169 1986 Effective Dates August 169 1996 6/27/66 - .. AW JS : •- •f�.--r r �- _ -_ vim _•i: _ [A .. Ai 5 a; rd i n - F t. 16. 20.005-18,20,030 18,20,005 Excavations in City Streets by Contractors of Utility Companies$ to) No utility company, person, or legal entity conducting any excavating activities ahall, perform any work In or under It WVIR.r public lands or public right-of-ways or in any public utility easement within the City without first having been granted: a yearly license therefor as set forth In KMC 18.209 and (2) a permit for the individual excavation or street opening contemplated as set forth In KMC 18.25* Said yearly license and street opening permit shall be obtained Prom the "Excavating" means the City Public Works Department. removal, carrying awayq backfillingt tunnellingt bulldozing, digging out, leveling, clearing, or moving of earth or aoil by manual or mechanical means* "Contractor" means any indtvidualp utility company, 4 or legalentit� conducting any excavating activities. (Ords 1950 479, 663 10.20,010 YearlZ Licenae Requiredt Before performing any excavation work as derined above* a contractor so wishing to excavate shell secure from the City Public Works Department a yearly license which shall expire on December 31st In the year in which it is Issued. The purpose for requiring this license is to Insure the public safety by requiring contrac tore who wish to excavate -of -way to fulfill the in public streets or rights following requirements. (Ord 479) 18.20.020 Bond Requiveds Before the issuance of a yearly license, the contractor We= obtain maintenance and construction bond In the amount of $59000, Said bond shall be conditioned to Indemnify the City for any l000t liabilityp or damage that may result or accrue from or because of the making, exietencep or manner of guarding or construction of any ouch tunnel or ex covat ion. Such bond shall have as surety a corporation licensed I m-k� Ar� to do buoineoo in the state as surety company. In lion of a corporate bond, a deposit of $5o000 in a certified check or cashier's check, as security deposit, shall be dopouited with the City or Kenai. (Ord 479) L 18.20.030 Insurance Resuiremonti (a) Before the issuance of a yearly liceneog the contractor aholl provide to the City certificates of insurance evidencing (1) Not less then $5009000 combined single limit bodily Injury and property damage. The applicable certificate of insurance shall clearly indicate that the property damage 18-6 (city or Kenai Supp. 027 3/1/84) az XL: ..... ..... ff k -%.- t .r s. N� Al 7. O -i; „ << Y - ruff.- � gin,= 2, 1 � F 18.20.030-18.20.060 liability coverage includes hazardo from underground work, explooion, collapse and damage to underground wires, conduits, pipeet fittingeg mains, sewers and a similar document of indemnity rnauired pursuant to the provisions of KMC 18.20.040 has been incorporated into and made part of the applicable insurance policy. followingCclausecate or (or a similarnce clausevided must makinggeoin the seme provisions): "In the event of cancellation of the above contract of insurance, the Company or Underwriters will give not lose than thirty (30) days' advance notice by mail to the party to whom this certificate is ieoued, at the address herein, which shall be sufficient proof of notice. This program aupercedee and replaces the cancellation clause printed in the form, if any." If the form of certificate used by the contractor's ineuror does not contain a cancellation notice complying with the above, then the above clause must be substituted for the clause in the form. (3) Workmen's compensation insurance in accordance with the laws of the State of Alaska. (Ordo 4799 863) t-1 6.20.040 Indemnity Agreement Re uireds Bafove the issuance of a yearly liceneog the contractor shall execute a document of indemnity saving the City harmless against any lose or damages due to the negligence of the contractor or hie agents and employees while the excavation or pipelaying work is being performed. (Ord 479) 16.20.050 Foe for Yesely Liceneet In order to defray administrative cos e in process ng yearly licenses by the City adminiateotion, before the ioeuence of a yearly license the contractor shall pay a yearly license fee of $25. (Ord 479) 18.20.060 Waiver of Bond and Ineurancet The Public Works Director may waive The bonding and nuurence requirements herein for contractors performing City projects when equally sufficient bond and insurance protection for the City is provided by the terms of the contract entered into by the City for such project. The bonding, insurance, and indemnity requirements shell be waived for local utility companies where equivalent bondingand insurance have otherwise been provided covering the City. 479) 16-7 (City of Kenai Supp. 027 - 3/1/64) Q W r _ t �.Z (J 4q-:.. I i =-- - - SOUTH CENTRAL INSURANCE INC. r THE INSURANCE IM CACHE May 15, 1986 City of Kenai 210 Fidalgo Kenai, Alaska 99611 ATTENTION: Tim Rogers -City Attorney Res Ross Services Dear Tims DRAWER 800 SOLOOTNA, ALASKA 09609 TELEPHONE: 282.442E We discuaaed by phone, today, the problems that have come up regarding the City's rejection of the Certificate of Insurance for this contractor. We are not able to get INA, the insurance carrier, to amend the cancel- lation wording on the certificate. Furthermore, we do not represent any Insurance companies that will alter the wording on the certificate. I should point out that the cancellation wording has no relation to the types and amounts of coverage afforded by INA to Rosa Services. You further indicated that the City was asking for a "waiver of subroga- tion". This again is a requirement that is not readily provided by INA or again, any of the companies we represent. Some of the carriers will provide it on a case by case basis after it is reviewed by their legal department. As you can imagine this is a time consuming process. In the case of INA, the "waiver" would have to be sent to their home office in Philadelphia for approval prior to issue. There is no guarantee at this time, that approval would be granted. This is a typical scenario for all insurance carriers in the current market situation. The immediate problem for Ross Services is that they need to secure an excavation permit on 5/16/86, so that they can start work on 5/19/86 on the water line for the new Homer Electric -Peninsula Service Center. I ask that the City accept the standard certificate for Ross Services, sinco he is carrying what would seem to be adequate coverages. I am returning the certificate to you in hopes that it will be acceptable. Please give m, a call if you need additional information. Sincerely, Bill Frazer BF/cd , ,6G-4 -gjgq � CITY OF KENAI „Od edja" 4 4".. SMONOAWO KeNA1,AUMM ON11 ULEPNONE OO1.1! a March 28, 1986 South Central Insurance OBA The Insurance Cache 170 Corral Street, Suite 1 11 Soldotno, AK 99669 SUBJECTI BRYON ROSS, DBA ROSS SERVICES INSURANCE ACORD FORM I have enclosed the Acord Form dated May 69 1986 which replaced Certificate dated April 229 1986, received from you today. After reviewing the replacement certificate it appears the only difference on it from the one issued in April is a correction in the policy number for automobile liability coverage (CAL 4177204 to CAL 417204). However, in the process of correcting the soord form, the language required by the City wee left out. The City of Kenai requires the cancellation clause used on the Acord Form to read as follows: Should any of the above described policies be cancelled before the expiration date theroof, the issuing company will mail 30 days written notice to the below named certificate holder. Therefore, pl0000 omit "endeavor to" and "but failure to mail ouch notice shell impose no obligation or liability of any kind upon the company." Unfortunately, until the Insurance Acord Form io complete the excavation permit, which was issued to Rose' Service on April 249 1986, with the Acord Form dated April 229 1986 will be on hold. Thank you for your help in this matter. Sincerely, a�% snare Wrig t, Adm. Aaet. Public Works apartment ow Encloaurat Acord Form L n 141 0 • 193UE�DATE IMMIOO/WI • 5 6 86 PRooucA3R REPLACES CERTIFICATE DATED 4/ 2 2 /8 THIS CERTIFICATE IS ISSUlO AS A MATTER GP RIiORMATtON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOIOER. THIS CERTIFICATE DOES NOT AMEND, SOUTH CENTRAL INSURANCE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DBA THE INSURANCE CACHE 170 CORRAL STREET SUITE ONE COMPANIES AFFORDING COVERAGE j I r SOLOOTNA, AK 99669 TEL:90iZ6244Z8 greAn Y A INA/CIGNA I `gip Y 6 Fireman' a Fund Ins. INSURED - Byron Ross COMPANY c Ross Services J `— - - Box 834 COMPANY p LetTEIR Soldotna, Alaska 99669 j COMPANY FLaormy B THAT OP ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TTHE OR WHICH THIS CERRTIFICATE MAAI NOTWITHSTAN01N0 CONDITION BE ISSUEDMAYPERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS, ONCLUEIONS, AND CON% " eUCN ULCT061 TYPE OF INSURANCE POLICY NUMBER pppp�� cT EPDucr DATt,MAWdYY) !><R1y1tIDN DATE 1114p"' W) LIABILITY LIMITS IN THOUSANDS ,•UAIUM AGGREGATE GENERAL LIABILITY BODILY $ $ ' A COMPREHENSNEfORM INJURY " + PREMISES/OPERAt10N9 D10182761, l.0/13/85 10/13/86 PROPERTY $ $ ' , DAMAGG ExPLO510N 6 COLLAPSE HAZARD ..' s`^ PROOUCTSICOMPLETEO OPERATIONS CONTRACTUAL t1 / d►ct�3N, BI • PO COMOINGO $ 500 $ 500 I INDEPENDENT CONTRACTORS ,.' , .. V ��� •i'�,•/, ��Z 'tl BROAD FORM PROPERTY DAMAGE •.: :' . JL,? )( PERSONAL INJURY f = , ri �' PERSONAL INJURY $ 500 AUTOMOBILE LIABILITY u• TI $ ` ANY AUTO IRp PEIITpn ` 4 hf ; ALL OWNED AUTOS IPRN. PASS) $ ' i + ALL OWNED AUTOS H R IRA nmOFxll r r HIRED AUTOS PROPERTY oAMAGe S "• NON•OWNIO AUTOS GARAGE LIABILITY rmPBINGD $ 500 r ( ENCEES LIABILITY • A IUMBRELLA FORM XBOG07488683 10/ 13/85 10/ 13/86 CO�i181NG0 $ OTHER THAN UMBRELLA FORM 1000 1000 1 - .._ ...:..._ _ _1 '- B WOIIKERS' COMPENSATION OTATUTOf1Y :I $1 inn IEACHACCIDENT) f• AND 85W8391708 7/25/85 7/25/86 EMPLOYERS' LIABILITY IDISEASI-POLICY LIWI) I l00 IOISEASE•EACH IMDLOYIE) 11 OTHER ',t DESCRIPTION OF OPERATIONSILOCAYIONBNEHICLEBIsPECIAL ITEMS II I' t • • Y OF THE ABOVE DESCRIBED POLICIES IS CANCELLED BEFORE THE M " t DATE THEREOF, THE ISSUING COMPANY WILT. ENDEAVOR TO City of Kenai � . DAME WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TO ` Kenai, Alaska 99611 AIWRE TO HAM. SUCH NOTICE SMALLEMP01E No oBL10ATNNi O11L1AEiINW EN: D UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. REPNTATIVII L a March 28, 1986 c.. d CITY OF KENAI " d Gar" 4 4"" OI010400 KNAI. AM U Ne11 "LVN01411IN- MI i South Central Insurance DBA The Insurance Cache =: 170 Corral Street, Suite 1 Soldotna, AK 99669 SUBJECT: BRYON ROSS, DBA ROSS SERVICES INSURANCE ACORD FORM I have enclosed the Acord Form dated May 6, 1986 which replaced Certificate dated April 229 1986, received from you today. After } reviewing the replacement certificate it appears the only difference on it from the one Issued in April is a correction in the policy number for automobile liability coverage (CAL 4177204 to CAL 417204). However, in the process of correcting the acord Form, the language required by the City wee left out. The City of Kenai requires the cancellation clause used on the Acord Form to read as followel Should any of the above described policies be cancelled before the expiration date thereof, the iesuing company will mail 30 dayo written notice to the below named certificate holder. Therefore, planes omit "endeavor to,, and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company." - Unfortunately,,until the Insurance Acord Form is complete the excavation permit, which was issued to Rose' Service on April 24t 19869 with the Acord Form dated April 229 1986 will be on hold. Thank you for your help in this matter. Sincerely, t 0e43 a ® endra Wriri . Aeet.Public Worsoar ow O 5 Enclosure: Acord Form ., Lam.•. 7 0 x a CITY OF KENAI • ALASKA ORDINANCE NO. 1154-86 i AN ORDINANCE OF THE CITY OF KENAI, ALASKA, AMENDING ORDINANCE NO. 972-84 TO CHANGE THE REDEMPTION FEATURES ON THE $2,850,000 GENERAL OBLIGATION BONDS OF THE CITY. WHEREAS, Ordinance No. 972-84 (the "Bond Ordinance") passed by the City of Kenai, Alaska (the "City") on October 5, 1984 authorized the issuance of $2,850,000 of general obligation bonds of the City for the purpose of planning, designing, acquiring and constructing improvements to the road, sewer and water system and related capital improvements in the City (the "Municipal Bonds"); WHEREAS, pursuant to Section 18 of the Bond Ordinance the Municipal Bonds were sold to the Alaska Municipal Bond Bank (the "Bank") on the terms and conditions set forth in the Loan Agreement approved by Resolution No. 84-22 of the City and the Bank financed the purchase of the Municipal Bonds through the Issuance of Bank Bonds; WHEREAS, the Bank has informed the City that a refunding of the Bank Bonds will affect a reduction in interest payable thereon; WHEREAS, Section 7 of the Loan Agreement authorized the refunding of the Bank Bonds; CITY OF KENAI, ALASKA Page 2 Ordinance No. 1154-96 WHEREAS, the savings incurred by refunding the Bank Bonds will accrue to the City; WHEREAS, it is deemed necessary and advisable and in the best interest of the City and its inhabitants that the Bank Bonds be refunded and to assist said refunding that the redemption features of Municipal Bonds be amended by the City Council; NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS FOLLOWS: Section 1. The dofinitions in the Bond Ordinance shall have the same meanings not forth therein. Section 2. Section 10, entitled Redemption of Bonds in the Bond Ordinance is amended to read as follows: Section 10. Redemption of Bonds. The Bonds maturing on or after October 1, 1997, shall be subject to redemption by or on behalf of the City prior to maturity and upon notice as hereinafter provided, as a whole or in part in inverse order of maturity on any interest payment date on or after October 1, 1996, at a redemption price equal to the principal amount of each Bond to be redeemed, together with interest accrued thereon to the redemption date. If lees than all of the Sonde of like maturity are to be redeemed, the particular Bonds to be redeemed shall be selected in inverse numerical order. Section 3. The Mayor, City Manager or Finance Director or any of them are authorized to do all things and execute all documents necessary to effect the aforesaid amendment including, without limitation, execution of an amendment to the Loan Agreement entered into connection with the Municipal Bonde and the Bank Bonds providing for reduction in interest payments due In A80331 ram:•.: K r CITY OF KENAI, ALASKA Page 3 rrl Ordinance No. 1154-86 �.� thereunder and an amendment to the Municipal Banda consistent with the amendment in Section 2 hereof. PASSED by the Council of the City of Kenai, Alaska, this 16 day of July 1986. TOM WAGONER, Mayor ATT E ST: JANET WHELAN, City�Clerk First Reading: July 2, 1986 2nd Readings July 16, 1986 Eff. Dates August 16, 1966 !� 0 - CHAIRMAN: _ wiNTHROP T. NOVBY _ BOARD MEMBERS: ' MANY NOROALE EMIL NOTTI MICNAEL 8, 8AUILIR j .\v BOND a 6D1 WEST FIFTH AVENUE SUITE 43D ANCHORAGE.ALASKA89 ISD71 274.7366 EXECUTIVE DIRECTOR: PERRY T. DAVIS ALASKA MUNICIPAL BOND BANK AUTHORITY June 27, 1986 Mr. Charles A. Brown Finance Director City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Charles: This letter follows up on your recent conversation with John Moore of Shearson, our financial advisor. In 1984 the City of Kenai issued bonds to tho Bond Bank. In order to refund these bonds and pass the debt service savings back to you, we need your official consent to amend the redemption features of the municipal bond you sold to the Bond Bank in 1984. The provision to call bonds in 1994 needs to be changed to permit the call of the bonds in 1996. A draft of the ordinance that has to be passed is attached. We understand the proceedings for the adoption of the ordinance are as follows: July 2, 1986 Introduction of Ordinance No later than July 10 Publication of Notice of and once thereafter Hearing in Newspaper July 16, 1986 Hearing and final adoption of the Ordinance Please be sure and send us a newspaper clipping of the notice and minutes of mootings as soon as they occur. We would appreciate your action on the amendment as Boon as possible so that the bonds can be sold in the currently favorable market. Further questions can be answered by John Moore at 206/344-5880 or Lorna Ferguson at 312/917-7936 or myself at 907/274-7366. With thanks for your cooperation. ince oly,� Perry D vis Executive Director A80435 C - 5"' O Suggested by: Administration RESOLUTION NO. 86-66 M. A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR PROJECT MANAGEMENT, COORDINATION, SURVEYING, AND ENGINEERING INSPECTION SERVICES, TO WINCE-CORTHELL-BRYSON FOR THE PROJECT ENTITLED, "AIRPART WAY WIDENING AND LANDSCAPING" FOR A NOT -TO -EXCEED AMOUNT OF $4905O0. WHEREAS, Wince-Corthell-Bryeon did the original engineering design work on Airport Way and oleo the new engineering design to widen Airport Way and Landscaping and are thus the Engineering firm moot familiar with this project, and WHEREAS, Wince-Corthell-Bryeon has submitted the attached proposal, and WHEREAS, the Public Works Department feele that it is in the beat interest of the City of Kenai to award this project to Wince-Corthell-Bryeon. 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 Project Management, Coordination, Surveying, and Engineering Inspection Services to Wince-Corthell-Bryeon For the project entitled, "Airport Way Widening and Landscaping" for a not -to -exceed amount of $49,500. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 1986. TOM WAMNE99 MAYOR ATTESTt jonef Whelan, City CIOR Approved by Finance# e4d Written by Public Works $ u 'ems, r� . +r: WINCE • CORTMEII • BRYSON CONSULTING ENGINEERS O son 1041 907•983•4679 99611 , City of Kenai - Public Works 210 Fidalgo Kenai, Alaska 99611 Subject: Project Administration, Inspection & Surveying Proposal for Airport Way Widening & Landscaping Attention: Keith Kornelis June 30, 1986 As requested we have prepared thio proposal for your consideration with regard to the subject project. We have assumed a 50 day construction schedule, with an additional 10 days estimated for miscellaneous administrative duties. Following is a man-hour allocation and coat breakdown based on the above assumption. Engineer VII 25 hro @ $59.00 $1450.00 Engineer V 50 hro @ $49.50 2475.00 Engineer III 480 hro @ $40.50 19440.00 Drafting/Typing 40 hro @ $31.00 1240.00 Miscellaneous Coots 500.00 Subcontract Coots Surveying (Malone Surveying) $19,450 x 1.10 $21395.00 Tenting (McLane and Associates) 3000_00� Not -To -Exceed 049,500.00 if you have any questions, ploase contact us at your earliest convenience. S) ncerely Youro, FOR COilht16 IA1161610 O/rG WINC-CORTHELL-BRYSON City Mgt. --�(� A` 11016 Warki CN11 Ch* ev Flamaj riq +10sDDEN C9nea11 OK LJVV DYar —•-» CII-�•. Also N Cor:Aoll P N N C-b Suggested by: Administration CITY OF KENAI RESOLUTION NO. 86-61 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE AIRPORT WAY CAPITAL PROJECTS FROM: Contingency $12,500 TO: Inspection $120500 This transfer provides sufficient money in the inspection budget to award a contract to Wince-Corthell-Bryson. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of July, 1966. Tom Wagoner, Mayor ATTESTt ens a en, City Clerk Approved by Finances e94_ 7/9/86 E L - _ o 7 �F i� � C rZA Im K -7 i Suggooted by: Administration j CITY OF KENAI RESOLUTION N0, 86-68 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE AUTOMATED FLIGHT SERVICE STATION - 1986 TO WOODARD CONSTRUCTION COMPANY, INC. FOR THE AMOUNT OF $193349236 WHICH INCLUDES THE BASIC BID PLUS ALTERNATES I, II, AND III. WHEREAS, the following bide were received on July 10, 19869 for the above -referenced project: ALTERNATES CONTRACTOR BASIC BID ,I, II III OTAL- Woodard Construction Inc. 1,319,656 9,000 Moco, Inc. 10332,227 90132 Eneearch Alaska Construction Inc. 1,340t000 149990 F 6 W Construction 1,353,390 12,000 Kenai Native 2,452 30128 19334,236 1,680 39011 193469050 19700 39700 1,360t390 1,500 4,500 1,371,390 Aeoociation, Inc. 1,383,847 80250 2,000 3,730 1,3979827 K. Inc. -Cook Inlet Contracting Inc. 19398,000 7,500 2,500 3,500 1,411,500 Architect's Estimate 1,500,000 33,000 39500 20400 19538,900 WHEREAS, the following is a description of the basic bid and the alternates: Basic Bid: Approximately 109600 square foot building. Alternate No. I: Approximately 160 square foot addition. Alternate No. II: Flog Pole. Alternate No. III: Installation of head bolt heater receptacles. WHEREAS, the recommendation from Carmen Gintoli, the project design architect, and the Public Works Deportment, is to award the contract to Woodard Construction, Inc. for the Basic Bid plus Additive Alternatoo I, II, and III for the total coat of $1,334p2361 and 1 i j j�. I rt/ I WHEREAS, Woodard Construction, Inc.'s bid for the basic bid and desired alternateo is the lowest reaponoible bid and award to this bidder would be in the beet interest of the Cityl and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the contract for the construction of the Automated Flight Service Station be awarded to Woodard Construction, Inc. in the amount of $1933492360 which includes the Basic Bid plus Additive Alternates I, II, and III. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of July, 1986. ATTESTt Janet a en, City Clerk Approved by Finances Written by Public Workstw_ TOP WAGORER; MAYOR 0 n V ` •• v., fit'- .t : _ :'-� Vic.:3"•i � l �.�.•U ..ux-tea 1W e-7 CITY OF KENAI „ Od &02" of 4"., MO R M1.40 MM, AMAKA tNN TV.01 Mena•tare MEMORANDUM T0: Councilmembere City of Kenai FROMi Tim Rogers, City Attorney City of Kenai DATEi July 169 1986 REt MECO, Inc. Bid Protest I have been requested to review the bid protest documents and bid for the Automated Flight Service Station in enticipation•of poeoible questions from the City Council at the July 16, 1986 Council Meeting. BASIS OF PROTEST On July 149 1986 the City received a bid protest from MECO, Inc. through their attorney, Hartig, Rhodes (G. Kent Edwards). The bid epecificatione require a "floating floor eyetem as manufactured by Floating Floors, Inc." The bid specifications require that if the item ie opecified by product, then the contractor may only bid that listed manufacturer. MECO'd contende that Woodard, the winning bidder, is using G & J se a subcontractor and that G & J dose not use aluminum floating floor eyetemst but ucoo oteel floor eyetemo. MECO contendo that 0 & J cannot provide a floating floor eyotem because only Sleep Storheim, Inc. ouppliee thuae floore in Alaake. If MECO calculated their bid using G & J as a subcontractor, then their bid would have been the apparent low bid. The bid protest suggeote that thin ie a deviation. MECO further suggests that this ie a materiel variance as defined in King vv.. ,Alaska State 11ouoina Authorit , 512 P.2d 887 (Aleeke 1977): In a telephone TO —following receipt of the letter, G. Kent Edwards suggested 1 L. ;3 =: PIF t ` l i. =x-,L . c:= that they might be filing a injunction to prevent award of the bid. At that time I suggested that there was a conflict because Hertig, Rhodes handleo the City bankruptcy c0000. Hortig, Rhodes agreed to farm out the case to another low firm. At this writing there hoe been no notice of an injunction. DISCUSSION (Materiality) Kin Y. Alaske State--Houaing Authority, 512 P.2d 887 (Alaska was or nee been in the Alaska 5tatG Court System for over ten years. In its various forms, it hoe been to the Supreme Court no lose then three times. In Kiln _I, the Court held that a variance is said to be material "if it gives the bidder a substantial advantage over other bidders and thereby restricts or stifles competition," citing 10 McQuillan, Low of Municipal Corporations, §29.65 at 395, 3rd Ed. 1966. This bid does not contain a materiel variance because Woodard hoe not bid a different flooring system. They have bid to install a floating floor system. The fact that MECO alleges G 6 3 cannot install a floating floor system (this is of course subject to proof), is no concern of the City. It may turn out that Woodard has to change subcontractors. According to the Public Works Department, this sort of thing happens frequently; contractors do change subs. If Woodard hoe to change to Sleep Storheim to install the aluminum floating floor eyetem, then they will undoubtedly lose money. It is the City's interest in obtaining the lowest bidder. If Woodard has mistakenly bid with someone who cannot install the required floor eyetom, then the City is money ahead. In King III, 633 P.2d 256 (Alaska 1981)9 the Supreme Court held theme disappointed bidder cannot be awarded anticipated profits, but was limited to the recovery of the coat of bid preparation. The basis for this theory is apparently that the bidder is exchanging his investment of the time and resources involved in the bid preparation and that the government agency must be held to an implied promise to consider the bide honestly and fairly. If there is a broach of this implied contract by the City, this entitles the disappointed bidder to recover the cost incurred in the preparation of the bid. On its face, there would certainly seem to be nothing in this case to indicate that the City hoe done anything dishonest or unfairly. If a court were to review the decision, it would probably be upon a reasonable beoie standard. iee Peol Sardelle Construction Inc. v. Bra ntres—Flouaing Authorit , TEV — sae. pp. ; rem ere ec.r ce ens ruction Co. v. Board of Education of o os�u,723" 08 •1979). 2 DW 41� r r Alaska cases which support this proposition include State v. Bowers Office Products Inc, 621 P.2d 11 (Alaska 1980); is MR. Inc. v. a ,e, .d 93 (Alaska 1984)1 and Also - n ern -construction compisny, Inc. v. Earthmovera, 697 P.2d 626 (Alaska 19951. Thes City ;iae a reasonablobaeeie to award this to Woodard. We have no way of anticipating what the subcontractor will do. Perhaps the subcontractor has subcontracted to Starheim, we do not know. MECO's protest is speculative. As suggested in Alaska Construction Lew 5th Ed., Dickson Smith et al, the effect of the above decisions is that eubotential deference is paid by the courts in Alaska to the agency's decision, even on matters ouch as interpretation of statutes and regulations, as well as the language used in the invitation for bid and the bid for purposes of determining responsiveness. In Alaska, the courts give greater deference to the agency's action then in federal eases and in moot other states. The standard hoe not gone without question however. See Alaska Intern Construction Company, Inc. v. Earthmovers, oupre. (Injunction) In Alaska# unsuccessful bidders do have the right to enjoin the performance of a contract which is improperly awarded, Kingi In Wick Construction Company v. Munici slit of Anchors" , 3AN 81-TOM , the Municipality argued tat King III should a read to preclude pro -award injunctive relieisappointed bidder. The Court apparently did not agree and the Alaska Supreme Court rejected a petition filed on that issue. That of course, means nothing and the case wee of no precedential value. Injunctive relief prerequisites include the fact that thera is no necessity of showing a probable success on the merits and the courts will generally apply the balance of hardships approach. See A.J. Irduatrioe Inc: v. Alaska Public Service Commiesion, 470 7..2d looks 9 0 . The cases seem to indicate that especially the poet -King III cooea that irreparable harm is a prerequisite for an i►►junotion. But the cases oleo seem to feel that there is no a►ieyuate rei-,ady at law if the public agency awards tho contract. Tha general rule appears to be that mandamus will not lie to compel a public body to award a contract to a particular bidder, even if the bidder might otherwise have been awarded a contract but for the improper award to the successful bidder. Alaska Construction Lew 5th Ed. at 659 citing Zurendo v. Commonwealth of PonneZlvaniaq 405 Aad 1124 (Pa. 197 ; e n om American u a n—Com en v. Bellingham Pub. Com en , Z50 Fe 036�� 9 . A minority seems to Indicate that mandamus would lie. Iss t� IM - i tt . i f 7-67,E) — .. eIONA? The indication is that awarding the bid may be appropriate. MECO'a proteat ie speculative and ahould not be used to defeat an apparently low bid. JRS/elf DRAFr 4 - 4' �t :7. n C 7 .r .. e { il. ,+t .... .�E `Wr'i ' roc. HARTIG, RHODES, NORMAN, MAHONEY & EDWARDS A PROPUGGIONAL CORPORATION RO"tRT L. NARTIO 11080.19801 ATTORNEYS AT LAW JAMRO D. RMODCO 717 N OTRCLT JO DMAMONRv ANCHORAGE. ALASKA 99501.3397 pb'�,11?�?��/S� 010890� J. O. KENT EDWAROO -.I-TELECOPMR: TELEPMONZ: 40071 876.100E t tb 0ERNARO J. OOUONERTv 10071 877.4308 EDOAR R. LOCKR t} �t,., 1��.• SPENCER C. ONEED WEVLEY WM. OMEA CV) �+ U L. ANOREW ROBINSON MI RAT O. OARON6R.....,ALAN ORKFN, a, 19 � �~ LAWR NCE LT ARTIO July 11, 1986 EVAN L. DELOA00 9L1�9Z5� PETER D. SPAUT10AM RHONDA L. P91NM0LO THOMAO L. LOWMAN Mr. Bill Brighton City Manager City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mr. Brighton: C`7 PALM03 0/IIC9 aOa 0. 9AIL9Y OTR66T SUIT[ 101 3ALMR., ALAOKA 00040 10071 N745-D071 1`. AOR[W 008INDON R[PLV TO: Anchorage Re: Bid Protest Automated Flight Service Station Contract Our Files Meco - 2871 On behalf of Meco, Inc. we hereby protest the award of the above -referenced bid to Woodard Construction. The. bid spec requires on page 276 in Part 2, S2.01 B that the floating floor system be as manufactured by "Floating Floors, Inc." Bidders are warned in Article 9.4.10 p. E-1 of the "Instructions To eidders"s Materials and methods to be bid under "LUMP SUN BASE BID" shall include ONLY materials and methods which are included in' —The original Contract Documents and addenda thereto. If item has been is, it more tnan one trade name or manufactures .c) name has been listed, any of the listed tee may be bid subject to any particular condi- Ins for substitution of materials which apply sally to any item specified either in the .tton Contract Documents or on the Contract kwinge. In F I � I I - i Page 2 t_ July 11, 1986 Reg Bid Protest Automated Flight Service Station Contract (Heco - 2871) s� I{ �t V i� ,i ,I �j 1 The primary difference between Meco's bid and that of Woodard is the fact that Woodard used G&J as a subcontractor for the flooring component. Meco was the first to contact G&J about the project but learned that G&J used steel flooring, not aluminum. Floating Floors, Inc.'s flooring system is aluminum. G&J could not provide Floating Floor, Inc. products as the Alaska representative for Floating Floors is Sleep Starheim. Accordingly, Meco contacted Sleep Starheim and obtained and used their bid of $101,200.00 for the floating floor system. Woodward is not using Sleep Starheiml hence they are not using Floating Floors, Inc. flooring systems. Woodward is using G&J not only for the ceiling and other flooring but also for the floating floor components. G&J gave a sub -bid of $111,074.00. Meco could have used them also but did not want to submit a non -conforming bid. Alpine Interiors, one of Meco's subcontractors, contacted the architect, Carmen Vincent Gintoli, prior to submitting their bid to ask if another kind of floor could be used and was emphatically told no change would be allowed. Meco should not be penalized for having followed the bid specifications. When you compare the subcontract bids of G&J with the same Meco sub-compo02?ts the difference in the items specified above is $26,683.0, yet the difference between the total base bid on the project between Woodard and Meco is only $12#571.00. Disallowance of Woodard's use of G&J for the floating floors would renaer Meco the low bidder. It is Meco's position that the deviation described above is not a minor irregularity waivable by the City of Kenai. Floating Floor, Inc.'s aluminum flooring was a specific bid requirement and its cost is what resulted in Meco's bid being slightly higher than Woodard's. Woodard's non -inclusion of Floating Flo6re, Inc. flooring system is a material variance as defined in ,King V. Alaska State Housing Authorit , 512 P.2d 887 (Aiaeka—19731. Mowing anot er contractor to obtain a bid award through noncompliance with bid specifications only serves to destroy the integrity of the City of Kenai's bidding system. It is essential i that Kenai's past high bidding standards be maintained and Woodard's bid rejected accordingly. .I 1/ Meco Woodard eep Starneim $101#200.00 0&& J$111t074.00 Alpine 19,062.00 Kyle 17 475.00 -$1'3 �1 Page 3 July 110 1986 } Re: Bid Protest Automated Flight Service Station Contract (Meco - 2671) we urge that you bring this matter to the council's attention and seek their authorization to reject the Woodard bid and accept Meco's. Sincerely, a t HARTIa, RHOD , NO ,""' MAHONEY EDW S -C7= By OKE/ve co: Tim Rogers, City Attorney EE/A �-y •1 =.5 yr E U U BID & CONTRACT SECTION 00031 PAOE 1 OF . , 4 N N N 4? ♦ N N N N N M M N N N IF N M N M N N N N N N N !► N N N N N N N ARTICLE C ` 7 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 9.1 CONPLICT WITH GENERAL 9.1.1 This Article supplements the Instructions to Bidders, AIA Document A701, May 1978 Edition, and if in conflict, supersedes the conflicting item. 9.2 BIDDER'S REPRESENTATIONS REPERENCH 9.2.1 Failure of compliance with Article 2 of Instructions to Bidders will not relieve bidders of responsibility for estimating properly or the difficulty -or cost of successfully performing the work. 9.3 BIDDING DOCUMENTS CTION TO BIDDERS, ARTICLE 3 9J.1 The deposit referred to for Bidding Documents shall be a nonrefundable fee as stated in the Advertisement for Bid. 9.4 SUBSTITUTION Of MATERIALS AND METHODS TICLE 9.4./ Materials and methods to be bid under 'LUMP 8UM BASE BID' -shall include ONLY materials and methods which are included in the original Con"fruat Documents and addenda, theroto. If item has been specified by means of a standard specification (government, industry, etc.,) or a performance specification, any manufacturer may be bid which can perform to these specifications. If an item Is specified by a trade name and/or by a manufacturer's name only the listed name or names may be bid. If more than one --,trade nise or asnulactur'e name has been list-edi--any of: the4V%ted-naaea say be bid' sub$oat to any particular conditions for substitution of materials which apply equally to any item specified either in the written Contract Documents or on the Contract Drawings. 9.4.2 When required by the Specifications and provided on the Bid Porm, the Contractor shall bid alternate materials, methods, or Scope. r 9.4.3 aener&,Uy 0 SUEST2TUTES will be made after the award of the Contracto substitution will be considered only if, after award of the Contraot, the Contractor submits proof in writing ..# that a material which was specified and bid, or acceptod by an Alternate Proposal, has since become unavailable for incorporation into this project. Substitution shall be considered a change in the Work and can only be authorized by a written Change Order. E-1 L L F DIVISION 10 OPECIATr1'I88 SKVION 10270 ACCESS FLOORING PAGE 3 OP 5 PAN 2 PAODOCTS 2.01 0ROM A. Designs Design is based upon the specified products of the named installationr details and the desired configurationnand layout. Comparable products by alternate manufacturers will be considered upon submittal of manufacturer's data supporting equivalency of the proposed substitution as provided in Section 01340. ___+ B. provide flooring system as manufactured by "Floating Floors, Inc." 2.02 MATSRLMA A. Flooring Systems 1. Solid panels, when in place and functioning as part of the complete floor eystem, shall be capable of supportingg a concentrated load of i.000 lbs. on one square inch, with a maximum deflection of .0000. Floor shall be capable of carrying a uniform live load of 350 lbs, per square foot, with a maximum delelection of 0400. Maximum permanent set at design loads shall not exceed .0100. Minimum safety factor at design loads shall not be lees than 2.5x. 2. All panels shall be completely interchangeable and easily removed with a lifting tool. 3. pedestals shall conform to the panel specifications with regard to load -bearing characteristics and have a positive locking device to -prevent loss of finished elevation. Each pedestal will support a vertical load of at least 5#000 pounds. pedestal base# when affixed to a concrete base floor in an approved manner, shall withstand a minimum moment of 1,000 inch-ibs. 4. Floor system to be laterally stable in all directions with panels in place or removed without the use of additional framing or horizontal stringers. Conform to ,zequicements of U.8.C, Siesmic $one 4. 276 - & 1 W1 .. is �- - : � =----- - - -• -_ ,QOCUMENTS SUBMITTED WITH THIS PROPosa 1. Bid Proposal 2. Addendum Acknowledgement 3. Bid Bond OX of 61d) and Power of Attorney 4. Alaska Business & Controctor's License 5. Certification by Contractor or Subcontdactor regarding EEO 6. -t.iat of following subcontrsctars:l Concrete, roofing, aiding, carpet, accsaa floor; mechanical end electronical. sr: DOCUMENTS CITY TO RECEIVE WITHIN 10 DAYS AFTER NOTICE OF AWARD The Bidder agrees that if this Proposal is accepted, he will, within 10 calendar days, after Notice of Award deliver = to the City of Kenai the following: ' _ I. Performance Bond (100% of Contract) (If required) 2. labor & Material Payment Bond (1000 of Contract) (If required) _ 3. Necessary Power -of -attorney 4. The Contraotor's Certificate of Insurance S. The Non-Colluaion Affidavit S. Corporate Acknowledgement 7. Contract Be Contractor's Qualification Statement 9. Assurances that the Contractor will meet the Federal Requirements. -Q CONTRACT TIME OF COMPLETION AND LIQUIDATED DAMAGESy- - Bidder agrees to commence work on or before a date to be specified in a written "Notice to Proceed" from the City of Kenai -Al - and to fully complete the project within 300 consecutive calendar days thereafter. Liquidated Damo ea. CITY and CONTRACTOR recognize that time Is ' Or e eaoence of -the CONTRACT and that CITY will ouffer financial lose if the Work io not substantially complete within - - - - �. = the time Specified above, plus any extenoione thereof allowed in accordance with Contract Documents. They aloo - recognize the deloyo, expense and difficulties involvod in proving in a legal = proceeding the actual lose suffered by CITY if the Work is not subatantially complete on time. Accordingly, instead of 5..,{ requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY Seven Hundred Fifty dollars (5750.00) for each day that expires after the time specified above until the Work is substantially complete. Further, should the contractor fall to -ti �{ meet the Construction Phase Completion within 30 calendar days following substantial completion, he will be aeeessed liquidated damegeo of $SOO.00 per calendar day .unlll construction j completion is Satisfied. - „V . LL F-2 is o 111 . P. 4.4.2 Prior 10 the time and date designated for 'receipt of Bids. any Bid submitted may be modified or withdrawn 6.2 OWNSK�S FINANCIAL CAFAAILITY g• bar notice to the party s- Such Bids at the plate writing naled for rfeeipl of Bids- Such notice shall be In writing 6.2,1 The Owner shall. at the request of the gadder to whom award of A Contract is under consideration and no over the signature of the Bidder or by telegram: it by telegram, written confirmation *Over the signature of the later than oven days proof to the expiration of the time for withdrawal of Olds, furnish to the Bidder reatonable Bidder IS311 he mailed and postmarked on of before the dart +rid time tot (of receipt of Bids, and it shall be so evidence that the Owner hat made financial arrangements to fulfill the Contract obligations. Unless such reasonable worded as not to reveal the amount of the original Old. evidence Is furnished, the Bidder will not be required to 4.4.3 Withdrawn Bids may be resubmitted up to the time execute the Owner -Contractor Agreement. a designated for the receipt of Bids ptovided that they are L3 fWMITTAIS then fully in conformance with these Instructions to Bidders. 6.2.1 The Bidder shall, within seven days of notification 4.4.4 gad security, if any is required. Mall be In an ' of selection for the award of a Contract for the Work. tubmit the following information to the Architect: amount sufficient for the Did as modified or resubmitted. .1 a designation of the Workto be performed by the Ef Bidder with his own forces= • AR TICIQ S .2 the proprietary names and the suppliers of princi• CONSIDERATION OF BIDS Pit items Of systems of materials and equipment r±� S.1 MINING of ilia Proposed for the Work; ,2 a list of names of the Subcontractors or other per• T: 3.1.1 Unless stated otherwise in -the Advertisement or Invitation to Did. the properly Identified Bids received on sons or entities lincluding those who are to furnish materials or equipment fabricated to a special do - time will be opened publicly and will be read aloud. An abstract of the Base Bids and Alternate Bids, if any, will Ngnl proposed for the principal portions at the Work. be made available to Bidders. When it hat been staled that Bids will be opened privately. an abstract of the 6.3.2 The Bidder will be required to establish to the sit - isfaction of the Architect and the Owner the reliability same Information may, it the' discretlon of the Owner, be made available to the Bidders -within a reasonable and responsibility of the persons or entities proposed to furnish and perform the Work described time, in the Bidding Documents. ti 3.2 11111CTION of 11011 6.3.2 Prior to the award of the Contract, the Architect 8.2.1 The Owner shall have the right to ►elect any or all will notify the Bidder in writing it either the Owner or the Aids and to reject a Bid not accompanied by any required Architect, alter due investigation, has reasonable oblec- bid security or by other data required by the Bidding lion to any Ouch proposed person or entity. If the Owner (^1 Oucumants, Off 10 reject a Bid which is in any way incom. or Architect has reasonable objection to any such pro- � pleleor 1rreKular. pored person or entity, the Bidder maw, at his option. III withdraw his Did, or 121 submit an acceptable subso. lute person or entity with an adjustment in his bid price ' to cover the diHorence In cost Occasioned by such tubltl• lution. The Owner may, 41 his discretion, accapi the ad - lusted bid price or he may disqualify the Bidder. In the i iaQ1eg11�,aAd: dotts.:noEeiiceed.ill s°` a to Owner shall have the right to waive any event of either withdrawal of disqualification under this Subparagraph, bid security will not be forfeited. informality Of irregulattty,in any Bid or Bids tecewed and to Accept the Bid of Bids which, in his Judgment, is in his notwith• standing the provisions of Paragraph 4.4.1. 6.2.4 Potions own best interests. 5.2.2 and entities proposed by the Bidder and 10 whom 111e Owner and the Architect have made no reason. The Owner shill have 111e right to accept Alter• able objection under the provisions of Subparagtaph 6,3,1 rates in any order or combination, unless otherwise 10"111cally provided In Atlicle 9, and to determine 1he must be utlid on the Work for which they were proposed and shall not be changed except with the written low Bidder On the basis of the sum of the Base Old and the Alternates accepted. consent of the Owner and the Architect. t i ART.—.. IC. �E 7 ��+I RTIC E 6 PERFORMANCE BOND AND LABOR AND (r POST 810 INFORMATION MATERIAL P4VMENT BOND (� 6.1 CONT11ACTO" QUAtl/ICATION STATU41MY 7.1 SONO RSQUt111MmTs 6,1,1 Bidders to whom award of a Contract It under consideration shall submit Id the Atchaticl. Prior r.1,1 Prior to exaeutlun of the Contract. it required in 10 ittor, redicover. upon oequest, + properly executed AIA Document A3OS, Cuntractor•s 11Ualr 104"en Slalement, unless such a Statement hat been Article 9 r the Bidder shall furnish th bonds Ing the faithful poflotmance of the Contract and the 1 pnrviuusly requited and submitted at a prerequisite 10 the issuance of Bidding Documents. payment of all obligations arising thereunder in such form and amount.+% the Owner may prescribe. Bonds may be ' 1e01e41 through the Bidder's usual sources. If the furnish. +1. 011CtiM1011 4111 • oNstauctloNt 10 /10t 1as • IN140 30111014 • NAw Itra • AIA41 • 1j11fa INC AAIta1cAN 1NOl11011 or ANCNITICTs, opNtw VOAK Aft. NAV., wASNINCTON. 0. C. *00% A701.1978 4 D-4 1 h44 SLEEPER STARHBIM COMPANY, INC. 721 SESAME STREET, SUITE 2C C -7 ANCHORAGB,ALASKA 99503 (907)363-0724 July 16.1986 MBCO, Inc. 6311 Arctic Spur Road Anchorage, Alaska 99518 Attn: Ernie Weber RE: Kenai Automated Flight Service Station Dear Ernie; This letter is to officially document my involvement, k.owledge and concern regarding the bidding requirements and interpretations of bidding documents provided by Carmen V. Gintoli for the Kenai Automated Flight Service Station. I first received knowledge of this project two years ago at which time I met the Architect, Carmen V. Gintoli at a local CSI convention, He had taken an interest in our product characteristics and indicated he would specify these products in two specific projects he had been working on. The die-cast aluminum construction of our panel and stringerless under structure which is also internally self -grounding through precision milling were immediately brought to his attention. * A 3 year unconditional guarantee and a 10 year buy back of the system was also accompanied with our product specification. Seismic testing because of the floor height required by the FAA was also a factor in specifying a safe and U.L. approved tested product. The FAA concurred with these requirements and porsonaly viewed our samples and confirmed the need for this peticular floor system. Plans and specifications were complete after numerous conversations with the Architect in writing the specifications, with regard to technical data and anti -static carpet requirements. The results of my work with the Architect U n ■-. ro Page 2 • Ernie Weber on this project were specifications of Floating Floors. Inc. and Compu-Carpet Tile factory bonded with a monolithic edge. I had also Inquired as to substitutions prior to bidding, and what procedures would be: and if the Architect had considered any other product. His response was not to prior approve any other product because of the specific requirements (seismic, stringerless, Aluminum, etc.). But more importantly he referred to his bidding documents which instructed all Contractors to bid the specified products. This would insure the quality of the building the Owner and Architect have designed and to provide a fair biddlne structure. During our bidding process we had heard of another access floor system trying to be considered by the General Contractors as a substitute. Being fully aware of our competition and Sleeper Starheim Company, Inc. as being the sole distributor of Floating Floors, Inc. in Alaska and Washington, we knew of course it was not the specified system and therefore should not be considered, in fact should not have been bid. Because of this we had called all the General Contractors on our list and fore warned them of this situation. The General Contractor's response was positive and thankful because of the dollar differences in the two systems. Because of the bidding requirements being the way they were (bid per specifications) they were proceeding with using Sleeper Starheim Company's verbal bid as their potential subcontractor. As it turned out the low bidder I assume did not comply with the bidding documents, to bid specified products. You have brought this to my attention, to my concern as well. I have not been contacted by Woodard Construction and can only assume they did not and do not Intend to submit the product specified. The Architect and the FAA specifically requested this superior Access Floor System during "budget planning" all through specification process. Our bid should have been used. To think otherwise would be to dispose of the specifications all together. I trust any meeting that reviews this situation can produce a proper proposal to the FAA as specified. jTS:kt vtaw• vay, . gleepQ s Yr. r V' Suggested by: Administration CITY OF KENAI RESOLUTION NO. 06-70 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENA19 ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE FLIGHT SERVICE STATION CAPITAL PROJECT: FROM: Contingency $112900O TO: Construction $112,00O This transfer provides additional construction funds to award the construction contract on the project. PASSED BY THE COUNCIL OF THE CITY OF KENAIt ALASKA this 16th day of July, 1966. Tom Wagonerp Mayor ATTEST: Janet a en. City Clark Approved by Finances --Cea 7/11/66 �J `"1 c-9 Suggested byt Administration CITY OF KENAI RESOLUTION N0, 86-69 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI9 ALASKAv AWARDING A CONTRACT FOR THE CONSTRUCTION OF AIRPORT WAY WIDENING AND LANDSCAPING - 1986 TO FOR THE AMOUNT OF $ WHEREAS, the following bide were received on July 159 19869 for the above referenced project( CONTRACTOR BASIC 8I0 WHEREAS9 the recommendation from Wince-Corthell-8ryeon, the project design engineers and the Public Works Department ie to award the contract to for the total cost of an WHEREAS( 's bid io the lowest responsible bid and ewer o 0 or wou be in the beat interest of the City# and WHEREAS, sufficient monies are appropriated. NOW, THEREFOREo BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI( ALASKA, that the contract for the construction of Airport Way Widening and Landscaping - 1986 Improvements be awarded to in the amount of . PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of July, 1986. TOM WACONM,'"PAVUR ATTEST( -Sipi-et WRIent City er Approved by Written by Public Workoe� _Ad ` I1 C-9 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 86-69 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF AIRPORT WAY WIDENING AND LANDSCAPING - 1986 TO ZUBECK CONSTRUCTION, INC. FOR THE AMOUNT OF $660,656.45. WHEREAS, the following bids were received on July 15, 1986, for the above referenced project: CONTRACTOR BASIC BID Zubeck Construction, Inc. $660,656.45 Quality Asphalt Paving $678,152.34 Harley's Trucking $745,958.25 Engineer's Estimate $571,254.39 WHEREAS, the recommendation from Wince-Corthell-Bryson, the project design engineer, and the Public Works Department is to award the contract to Zubeck Construction, Inc. for the total cost of $660,656.45; and WHEREAS, Zubeck Construction, Inc.'s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City; and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of Airport Way Widening and Landscaping - 1986 Improvements be awarded to Zubeck Construction, Inc. in the amount of $660,656.45. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of July, 1986. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance: Written by Public Works: a WINCE • CORTHEII 9 BRYSON CONSULTING ENGINEERS p O son 1041 907•II3•4612 KINAI, AtAIKA • 90611 City of Kenai July 16, 1986 210 Fidalgo Street Kenai, Alaska 99611 Attentions Keith Kornelis Subject: Airport Way Street Improvements In accordance with your verbal request, we have reviewed the bide submitted for the subject project. With regard to the spread between the low bidder and the engineers ootimate, we offer the following commentsl 1. The engineers ootimato of costs were based generally on unit prices determined from late spring projects, including South Spruce, Cook Inlet Drive, inlet Woods (1985) and several Soldotna projects. The oubject project schedule however, ended up as a fall project with a fall com- pletion date df 60 days. This drow the project into a potential high water table oituation, which is reflected in additional dewatering costs. 2. Prosontly, local contractors capable of bidding and bonding the work are busy. This has reduced the competitive edge present earlier this year. 3. The size of the project was not sufficionly largo to encourage Anchorage Contractors to submit bids. if you have any further questions, please contact our office at your earliest convenience. Very truly yours, WINCE-CORTHELL-DRYSON al"—w HILIP DRYSON Philip W slyson ► i tS L Alan N CoothNl ►1 I008k W Wine P a i WINCE CORTHELL • BRYSON COMULTING 6NGINe@Rb PO ll.M 1041 907.213.4672 KINAI, ALASKA 99611 City of Kenai July 16, 1986 210 8ldalgo Street Kenai, Alaska 99611 Attentions Keith Kornelie Subjects Airport Way Street improvements �We have reviewed the bide Submitted for the subject project. No errors in the submitted bide proposals were found. Our recommendation is to award the project to the low bidder, Zubeck Construction, Inc. If there are any questione, pleaoc contact this office at your - earliest convenience.lift { Very truly yours, WINCE•CORTNELL-BRYSON NIElf BR SON Philip W •goom P I Alan N Corlhall ►I ra C-�0 Suggested byt Administration CITY OF KENAI RESOLUTION NO. 66-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SUPPORTING THE REQUEST OF THE KENAI PENINSULA BOROUGH TO EXTEND THE LANDFILL PERMIT GRANTED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION BY 18 MONTHS AND ADDITIONAL EXPANSION OF THE PRESENT SITE BY 300' x 1,0001. WHEREAS, at the present time the Kenai Peninsula Borough hoe solid waste powers for the Kenai Peninsula Borough and hoe no available site to continue the process of disposing of solid waste, and WHEREAS9 an emergency exists to continue use of the present site until ouch time no a new location hoe been identified and permitted, and WHEREAS, the Kenai City Council does not went to inconvenience or create hardship upon local citixen'e health, welfare or safety) and WHEREAS, the City wants to cooperate within reason by helping the Borough meet it's obligation. NOW THEREFORE9 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE KENAI PENINSULA BOROUGH BE PERMITTED TO CONTINUE THE PRESENT LANDFILL SITE FOR A PERIOD OF 16 MONTHS AND FURTHER, THAT THE BOROUGH IS GRANTED PERMISSION TO EXPAND THE PRESENT SITE BY 300' x 1#000' FOR THE BENEFIT OF THE CITIZENS HEALTH AND WELFARE. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA thin 16th day of July, 1986. ATTESTt 3onet Whelent City Clark Tom Wagoner, Mayor ol i , I r C._' 0 CITY OF KENAI ADVISORY PLANNING do ZONING COMMISSION RESOLUTION PZ 86-29 A RESOLUTION OF THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF KENAI SUPPORTING THE REQUEST OF THE KENAI PENINSULA BOROUGH TO EXTEND THE LANDFILL LOCATED WITHIN THE CITY LIMITS - WHEREAS, the Kenai Advisory Planning & Zoning Commission has reviewed the letter submitted by Mayor Thompson, and WHEREAS, the submitted letter pertaining to an 10 month extension will serve the needs of the community until a new 91te can be located and developed, and WHEREAS, the Planning Commission further supports the apparent parameters set out in the letter. NOW, THEREFORE, BE IT RESOLVED THAT THE KENAI ADVISORY PLANNING do ZONING COMMISSION, OF THE CITY OF KENAI, supports the intentions of the Kenai City Council to proceed according to the letter attached as "Exhibit A". PASSED BY THE AD S RY PLANNING 6 ZON NG OMMISSION OF THE CITY OF KENAI, ALASKA this day of go1986. Chairman ATTEST# a,4094e ON` A. Loper, Planning Specialist ' oll n PLANNING COMMISSION July 9, 1986 Page 4 d. Resolution PZ86-29t Supporting Extension of_Borough Landfill The Commission reviewed the letter and the resolution and agreed, however, asked that it be noted that the letter and drawing did not depict whether the area was the "two new cells" as diecussed earlier. The Commission also asked that it be noted that it is assumed that Administration will be closely monitoring the expansion. MOTIONt Commissioner Carignen moved to adopt PZ66-299 seconded by Commissioner Oleson. VOTEt Motion passed unanimously B. PLANNING None 9. REPORTS a. City Council None - Councilman Wise not in attendance b. Bo__rough Planning None - Commissioner Bryson hoe been on vacation. Agenda is in the packet. a. City Adminietr_ atiM The Borough has asked the City to be aware of the situation in the Kssllof River with the placement of bouye as the City hoe retained the mouth of the Kenai River se exempt. The situation referred to is the Info items Corp of Engineers Permit. With the number of requests for mooring bouye, a real problem with conjeation Is probable. Commissioner Bryson will be keeping us informed. Request conceneue for meeting with Landscaping Review Board and Council, preferably with the Board first. The Commission agreed on 6tO0 PN Tuesday. 3uly 15th. The Board will be informed. 10, PERSONS PRESENT NOT SCHEDULED TO BE HEARD None I U ? 4- t x lY i Al lug... j` .. f F Suggested byt Administration CITY OF KENAI RESOLUTION NO. 86-72 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ALLOWING ONE YEAR EXTENSIONS TO THE DRILLING PERMITS PURSUANT TO KMC 5.35.080 FOR CANNERY LOOP UNITS 01 AND 03 WELLS AS REQUESTED BY UNION OIL COMPANY OF CALIFORNIA. WHEREAS, the Department of Natural Resources, Division of Oil and Gas has just now approved the expansion of the Cannery Loop Unit and established the Deluge Formation Participating Area for that unit, and WHEREAS, due to the governing State regulations Union Oil Company of California cannot legally commence production from the Cannery Loop Unit area until the expansion and Deluge Formation Participating Area Applications have been approved by the State, and WHEREAS, the Statc through the Department of Natural Resources has suggested the Council look favorably upon Union Oil Company of California's request for an extension of their drilling permits for Cannery Loop Unit Wells 01 and 1/3. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Drilling Permits for Cannery Loop Unit N1 and Unit 03 are hereby granted an extension for one year to July 1, 1987. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of July, 1986. ATTEST: Janet a en, City larck Tom Wagoner, Mayor 1z F AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 2t 1906 - 7:00 PM PLEDGE OF ALLEGIANCE ' A. ROLL CALL 1. Certification of Special Election# June 269 1986 2. Agenda Approval 3. Consent Agenda (*) All items listed with an aoteriek (*) 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 Ito normal sequence on the agenda as part of the General Orders. 0. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Minutes) C. PUBLIC HEARINGS Aulk 1. Ordinance 1145-66 - Amending Kenai Municipal Code - Provide for New Position - Assistant City Attorney 2. Ordinance 1146-86 - Amending Kenai Municipal Code - Penalties do Remedies 3, Ordinance 1148-86 - Increasing Rev/Appno - Float Plane Basin# Land Acquisition - $160,000 " 4. Ordinance 1149-86 - Amending Kenai Municipal Code - Landecape Regulations -_ a. Substitute Ordinance 1149-96 5. Ordinance 1150-86 - Increasing Rev/Appno - Float Plane Basin, Design - $1109000 6. Resolution 66-63 - Accepting State Grantq Road Improvements - $111009000 7. Resolution 86-64 - Transfer 86-87 General Fund Budget - r1 Additional Funds for Assistant City Attorney Range 17- $1,447 Be Resolution 66-65 - Accepting Comprehensive Plan D. MINUTES 1. *Regular Meeting, June 109 1906 - E. COHRESPONOENCE `[c F. 1. *Kenai Peninsula Borough - Waste Disposal Commission - Handling of Special Wastes 2. *National Trust for Historical Preservation - Revitalize Down Town Areas - F. OLD BUSINESS 1. Report an Landfill Permit G. NEW BUSINESS A" - I* Bills to be Paid, Bills to be Ratified 2. Requioitione Exceeding $19000 3* Ordinance 1151-86 - Amending Kenai Municipal Code Oil and Goo Wellaq Permittaea Insurance h Bond as Subatitute #1 be Subatitute #2 c Subatitute #3 d. Subatitute #4 4. *Ordinance 1152-86 - Increeolng Rev/Appno - Federal Revenue Sharing 5. *Ordinance 1154-86 - Amending Ordinance 972-84 Relating to Call Features of 184 GO Banda 6. *Ordinance 1153-86 - Amending Kenai Municipal Code - Insurance Requiremente 7. Di9cuaaion - Printing of Comprehensive Plan Be Approval - Vacation, Utility Easement - FBO S/D 9, Diecueeion - Land Pricee & Reappraienla 10. *Gamed of Chance 6 Skill - Kenai Child Development Center 11. Approval - Greenscapeo - Bulletin & Notice Board at Airport 12, Discussion - Contract Retainage He REPORTS I* City Manager 2. Attorney 3. Mayor 4. City Clerk 5e Finance Director 6* Planning & Zoning 7. Harbor Commission Be Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Minutes) ADJOURNMENT (7) F EJ KENAI CITY COUNCIL, REGULAR MEETING, MINUTES 3ULV 2 1906 7100 PH KENAI �1Ty HALL MAYOR TOM WAGONER PRESIDING PLEDGE Of ALLEGIANCE A. ROLL CALL Present) Chrie Nonfat, John Wine, Tam Wagoner, Sally Bailie, Jees Hall Absents Tom Ackerly, Ray Measles (excused) A-1 Certification 'one 24, 1906 Clock-0 "on 49*Le0ed-t11e final figures, fter canvsee of —46oentee and questioned 6- ots. tlase 670 Not 111 OTIONI man Wi ondod by Councilwoman Monfort to approve -the certification an oubmitted. Motion passed by unanimous consent. A-2 Agenda Approval a. Mayor Wagoner asked that item 8-1, Report from Roo. Comm. on Ball Fields, be added. b. Mayor Wagoner asked that item 0-2, John Williams, Paving Candlelight, be added. o. Mayor Wagoner asked that item C-4, Ord. 1149-86, be ppostponed. d. Nayor•Wagoner aekod that items 0-9 and 0-119 discussion items, be deleted. Agenda was approved as amended. A-2 Consent Agenda NOTION$ Councilman Hall moved, seconded by Councilwoman Monfort to approve the Consent Agenda as submitted. Councilwoman Belli@ asked that item 0.4, Ord. 1192-66, be deleted from the Consent Agenda. Notion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Recreation Commission - Report on Bell fields Recreation Director McGillivray reviewed the minutes of the Roo. Comm. meeting o1 6-30-66, distributed this date. They have recommended one softball field and 2 youth bell fields. The basic revenue source for Little League is their concession stand. Having the bell fields disbursed would out into this. Control of the lea use is better with lust one area. They eecaamended 2 Little League fields be n on area isegs enough to put more in to encompass the whole program. The Greg north of Treat Cabinets would involve negotiations with Treat. Mr. Treat hoe sold he would LIPS up up land to the north for an are* in the south for parking. They could put another softball field there. There see volunteers willing to donate labor and equipment to start work on the fields. 2 spot* wee@ recommended - the old dump site i• not large enough, but behind it to G row of tees• and onother area that is large enough. The other spot to Mavothcn Rd. Councilwoman Goilie asked if there wars any recommendations for thG Ql ouno" a' program. Me. McGillivray replied there or# 2 fields. Cfilwomen Belli* Baked, how ----- -A.- - . f vk t� r• - • i _y _ V 4L o e =-mot- __- f L 0 KCNAI CITY COUNCIL DULY 2, 1906 Page 2 many fields will be available for girls? Mr. McGillivray Mile that would % to the Commission. Councilwoman Bailie noted there to only one available at this time. MOTIONo Councilmen Mine moved, ascended by Councilwoman Noneor, that Administration be directed to contact Treat Cabinets and to -plot if needed. Motion passed by unanimouo consent. Major Wagoner asked, then we would proceed with the soft bol diamond? Answer - yes. Mayor Wagoner oold, regarding the dump olio. That to a larger area, it will have to be reclaimed anyway, the Borough would be approachable. Mr. McGillivray explained, they were looking at City lands. Councilwomen Monfor noted It will be open for 10 months more. Mayor Wagoner otated, the City to being asked to put In more boll floldo, Nikloki has none. He ouggeotod approaching them to noo if they would be willing to donate money to help. Their kids play hero. PUBLIC COMMENTS a. Faye Mulholland, Box 7267, Kenai. The Recreation Dept. in Niklokl hoe allowed the Little League to use the ball field out there. They are not properly staffed, it hoe only been used for come ppemes. Kenai does not went to come to Nikloki. She 1lvse in Nikiski and coaches a teem In Kenai. Nikloki has volunteered to take up the olook but Kenai will not come out. Soldotno will not come out either. Maros Magoner explained, if they are 50% of the total kido end we are doing maintenance on the fields, they should be willing to help poy for it. b. Gladys Routh, 3740 Wildr000, Kenai President of Little League, Kenai. The teams will be split if they go north. They need to be in one place. Northern Oil has offered to help put in the fields. Kenai will not have all the expenso, Just the land. Sawerd, Homer and Soldotne come here to play. 10 sores on Marathon would be ideal. That would give each league 7 fields. It would bring in revenue and would be accessible. The fields can be used for other things beside baseball. They should not be near water, it is too cold. Councilwomen Bailie asked, how many girl teams do we have? Mro. Routh replied 6, all are using one field. They wore given the high school fields for T-ball, It did not work out. They need good equipment room. They are growing. They had to turn down a tournament because they did not have the fields. There are over 500 children involved in the program, 27 teams. Councilwoman Battle suggeetedI we should look at Marathon again, it shoulld be industrial. The old dump site oounde better, it would be more protected. Mrs. Routh @aid they wanted to be away from the water and together. it would be harder to maintain in separate Graeae Mayor Wagoner asked if the ores behind the trees in the old dump site was clenreel for a d4mp. Councilwoman 1 Nonfat asked that the Roe. Comm. check Into thin. i Mayor Wagoner asked about the Little League field at the old Otler's site. Mr. McGillivray explained It was OOR lend and had restrictions on charging admission. He added, there may be other restrictions, but the City can substitute land. Mayor Wagoner noted the building and dug•oute were built by the Lions Club. Councilman Mice asked about the missing lights, Mr. NCOillivvsy XA L .r. ='a X x KENAI CITY COUNCIL DULY 2, 1986 Pape 7 replied that had been taken care of. Councilman Wise •isoosted pplatting out iD acres at the old dump site •ndedloslIng it. Mayor Wagoner sdded, also, the land south of the bell field:. with a green buffer. I would separate residential and the dump. He suggested Administration prepare proposals for both ways, up the highway and out back. Have Phi review, end bring to Council. Councilwoman Bailie asked that In addition they list the approximate number of fields they could have how many year: theyy would be adequate, and oonalderation of the girla' needs. Rec. Director McGillivray asked, if we can get an agreement with Treat Cabinets, ca�uncilntoers begin work before plotting In done? agreed to the request. Mayor wagoner asked, how much help can the City expect for the 2 boll fields? Mrs. Mulholland replied Northern Oil would donate equipment and time. the parents will help. Mrs. Routh added, there would be donations of lumber. Are. Mulholland suggested using tho old fence and turf from the old Oiler field. Council agreed to have Administration check into this also. 8-2 John Williams, Paving Candlelight John Williams, 306 Candlelight, Kenai. Road construction he: started. There is a considerable amount of heavy equipment in the area. There hen been more duet and connection, and there have been come near -accidents. Water trucks have come down Linwood but not Candlelight. The street will be used more with a golf course. The coat of strip paving Condielloht would be under $200,000. He would like to have Council look again at paving Candlelight with the $1.1 Million available. Counoilwulalill ;4u„Pus a&keu if he had considered an assessment district. Mr. Williams replied, he Is not considering it at this time. That Is a neighborhood decision. One of the problems with an assessment district Is some of the lend owners have large land areas. They have had the lend since It was lnexpenslve. They could not pay s heavy assessment. Unless the 50-50 ordinance changes, it will probably not go. Councilwoman Ballle noted Council policy is any paving from now on will be assessment district. She not Eagle Rook area is willing to have an assessment district. Mr. Willlems replied Eagle Rook residents have small lots, aeeesemente ere Ieeo• Ile noted people on Candlelight had no eey on the ggolf nouroe. Meyer wsbaner noted there were ;:bits haseinge. Councilmen Wise asked that Administration estimate the Coate of paving Candlelight and making on asaeeement role. Council agreed to the request. ADDED ITEM: Councilwoman Gallia asked, how to the chemical dust retardant work coming? Public Works Director Kornelle replied It would be some time this month. Councilwoman Goille asked that Candlelight be first. C. PUBLIC HEARINGS C-1 Ord. 1149-06 - Amending KMC - Provide for New Position - Assistant City Attorney 040110Nt Councilman Mall Moved to adopt the ordinance. Motion died for look of a second. fl ---- Fe ¢- KENAI CITY COUNCIL fi 3ULY Q, 1986 '. Page 4 C-Z Ord. 1146-06 - Amending KNC - Penalties 6 Remedios NOTION Councilman Wise moved, seconded by Councilmen Hallp to adopt the ordinance. There was no public comment. Notion passed unanimously by roll cell vote. C-3 Ord. 1140-66 - Increase Rev/Appne - Float Plane Basin, Lend Acquisition - $160,000 NOTION$ Councilman Mine moved, seconded by Councilman Hall, to adopt the ordinance. There woo no public comment. VOTE (Posoed)o vast Vise, Wagoner, Sallie, Hall Not Nonfor C-9 Ord. 1190-86 - Inoreso Rev/Appne - Host Plane Design - $110,000 NOTIONS Councilmen Hall moved, seconded by Councilmen Vise, to adopt the ordinance. There was no public comment. Naror Wagoner noted this woe o largge @mount of �uonarr. Public Works Director HornelLe esplmined, this was based on a 1964 Mince, Corthell, Bryson study. Neyor Wagoner asked If It will be ell snginesred at once. Nr. Kornells replied auto aooees snd relcoating the fence first, $600000 was left 'for the site. Councilwoman Nonfat sold she felt this woo too much money. Heyor•Wagoner noted most of the money cannot be used for anything also. VOTE (Poseed)s Vest Wise, Wagoner, Sallie, Hell Not Nonfat C-6 Res. 06-63 - Accepting State Grant, Rood Improvements - $1,100,000 NOTIONS Councilman Hall moved, seconded by Councilwoman Nonfor, to adopt the resalution. PUOLIC CONNENTs a. Dan St. 3ohno 2709 Sunrise Way, Kenai. He asked that Council consider using the funds !n sequence on the Capital Improvement@ List. The last time his arse cams Up on the list, It was taken off. b. John Williams, Box 1319, Kenai. He asked Council to state policy for use of the $1.1 Nillion. Neyov Wagoner replled the policy statement Is In the CIP brochure. Nr. WLlllsme sold many of the projects have 11 • ,•fir/-- 1� •_1 _ ._ 1 r H z KENAI CITY COUNCIL JULV 2, 1906 Page S been there for a long time. Mayon Wegonse axplainsd, it Is up -dated every year. Mr. Williams noted it does not say how it will be paid for, 100% or aseesamant district for roads. Mayor Wagoner replied, they have not had assessment districts In the poet. Councilman Wiee explained, in the poet, ravel roads were up -graded at no cost to on all-weather base. They will not up -grade "paper atceeto." Water 8 newer. if pact of a road project, to 25%-79%. Mayor Wagoner added, a "paper street" would be LID. Motion passed by unanimous consent. Mayor Wagoner suggested Administration come beck with an appropciaElnpp ordinance going down the CIP list. Councilmen Nias asked about Sunrlee Way. Mayor Wagoner euggeoted up -grading the bad pacts first, than gravel ell of it. Council agreed to the suggeotlono. C 7 funds for4AssistanteCity Attorneyslfund Range Budget `19ditionsl 447 MOTION$ Councilwomen Monfor moved, seconded by Councilman I1411, to adopt the rosolution. There wee no public comment. Councilwoman Monfoc Raid, during budget sessions, $6,000 was sac marked for this year. Was that defeated with Ord. 1145-06? Mayor Wagoner explained, the poeitlon was not allowed, this to moot. AN Rogers added, it In an interdepartment transfer. Councilwoman MonPoe said she did not understand the title went with the range change. She noted she did not fault the work of Legal Aset. Sutcliffe, but there are PR problems with a City of 6,000 population having en attocne��rr and an assistant attorney. Mayor Wagoner said we have an airport end things other allies do not have. Councilwoman Monfoc said she wanted to give him the added money. She asked if this wee in the olsselfiostion study. Mar Wagoner explained, its cannot give him the money without the olseeification change. Atty. Rogers suggested they could realaebify without that title. Mayor Wagoner asked that this be brought to the next meeting. VOTE (Peoeed)$ Veep Monfoc, Wagoner, 0aille, Noll Not Wise C-0 Res. 06-69 - Accepting Comprehensive Plan MOTION$ . Councilman Niee moved, seconded by Councilmen Mall, to adopt the resolution. There was no public comment. Mayor Wagoner had some questions regerding the list. Counoilwomen Monfor sold she had contacted the Soldotna mayor, they agreed there Noce problems. Councilwoman 8a111e asked, if wa accept this, ace we encumbered for payment? Mayor Wagoner replied no. J f r u ,. KENAI CITY COUNCIL DULY 2, 1906 Page 6 VOTE (Failed)$ Yee$ Wise No$ Monfort Wagoner, 88111e9 Hall C-1 Ord. 1145-06 (Additional dlocueolon) MOTION$ Councilwomen Monroe movod, oeconded by Councilmen Hall, to approve the ordinance. There woo no public comment. NOTION, Amendments Councilwoman Moliior moved, oouondod by Councilmen Hall, to amend the ordinance to change "Anal at ant City Attorney" to "Legal Ao{oiatont II." VOTE, Amendment (Peaoed)l Yeas Monfort Wagoner, Sallie, Hall Not Mine Councilmen Wine oold the City does not warrant two full-time attorneyo. Thin In a training position, and 1n expected to turn over routinely. VOTE, Main Notion so Amended (Foiled)$ Yea$ Monfort Wagoner, Hall Not W1oe, Sallie (There must be an affirmative vote of a majority of members to peen an ordinance). D. MINUTES D-1 Regular Meeting, 6-0-66 Approved by Coneent Agenda. E. CORREOPONDENCE E-1 KPB - Waste Olopoeal Comm. - Handling of Special Wastes E-2 Notl. Trust for Hletorlool Preeorvetlon - Revitalise Down Town Areas Approved by Coneent Agenda. F. OLD BUSINESS F-1 Report on Landfill Permit City Nanager Brighton reviewed the latter from Kenai Peninsula Borough. Mayor Wagoner asked that Administration review the request and hsve a essolutlon for the 7-16 ,nesting. Council agreed to the request. 0. NEW BUSINESS 0-1 Bills to be Paid, 01118 to be Ratified NOTION. Councilmen Hall soved, seconded by Councilwoman Monfor, to approve the bills as submitted. Public Works Oiractoe Kornells explained the boot ramp should be "boot foollity." W x KENAI CITY COUNCIL JULV 2, 1906 Page 7 Motion passed by unanimous consent- 0-2 Requisitions Exceeding $19000 MOTION1 Councilmen Hall moved, seconded by Councilwoman Monfor, to approve the requisitions an oubmitted. Airport Menoger Ernst reviewed the telephone panel at the terminal. It would be 3-aided, 25 opeceo9 20 poster Wean, oak veneer, oobinet In center for phones, local call only, buttons to o direct line. He noted It in better for the terminal, there will be one line Instead of S. Motion peened by unanimoua coneent. 0-3 Ord. 1151-86 - Amend KMC - Oil 6 000 Molls, Permltteoo Insurance 6 Bond s- Substitute 01 b. Substituto 02 e. Substitute 03 d. Substitute 14 MOTIONI Councilwoman Nonfat moved, ooconded by Councilwomen Ocilla# to introduce 0-3(c), Substitute 13. Motion p000ed unanimously by roll cell vote. MOTION, 2nd Reading, Councilmen Hall moved, seconded by Councilwoman Monfor# to have 2nd reading thin dote. Notion passed unanimously by roll cell vote- NOTIONo Councilmen Wien moved, seconded by Councilmen Hell, to adopt the ordinance. PUBLIC COMMENTS s. Roger H0119 10801 Spur, Kenoil attorney for For North Oil 6 Rae. Thin is very important to the investors. They are ready to drill but cannot put into product because of the liability requirements. The fundamental reason for the ordinance is not necessary because it is not City -owned property. The old ordinano0 In impeding new business that will bring in $2 to $1 Nil lion per year. Repeal would not affect environmental concerns in the ordinance just this one part of the ordinance regerding liability and bonding. He felt substitute /3 most adequately sorveo the issue. Bonding fe dupliaitouo (ate), the State requires $200#000 bond. Notion passed unanimously by roll call vote- 0-4 Ord. 1 02-06 - Inoreso Rev/Appne - federal Revenue Sharing NOTIONi Councilwoman Ocilla moved, seconded by Councilwoman Nonfat, to introduce the ordinance. Councilwoman Beille noted Exhibit A9 Citr Hsll Cerpet should read S169S00- Total* should be a angad accordingly- IN -1- O w• KENAI CITY COUNCIL 3W.Y 2, 1986 Page 8 , <Y . Notion passed unanimously by roll call vots- 0-S Ord. 1194-86 - Amend Ord- 972-84 Relating to Call Features 0-6 of 104 00 Bonds Ord. 1153-86 - Amend KMC - Insurance Requirements d Approved by Consent Agenda. 0-8 Approval - Vacation, Utility Easement - FBO 9/0 MOTION$ Councilman Nine moved, eeconded by Council",!man Nonfat, to -- approve the request. -_ Notion panned unanimously by roll call vote. 0-10 Comes of Chance 8 Skill - Kenai Child Develop. Center Approved by Consent Agenda. _ 0-12 Discunelon - Contract Reteinogo Mayor Nagonec suggested with SO% of the work done, we could roduoe from 10% to 31i. if we ace going to raisin, it y should be retained jointly and the person retained from have a any in where it Is invested. Councilmen Nis: - should said there is s difference between buildings and roads, bs _ i buildings should have a higher retains a. A building can be unable. If a parson works subetanlially complete but not with investment, it ohould be in writing. Councilwoman there be a with lnvestin0 if it ; Bailie sold could problem lost money. She preferred going to 4H, then 2-1/2 Councilman Hall auggested pecametere of 3 or 4 optione for Investing. Finance Direotoc Brown said the City is paying more interest then we are receiving. Ne have ppassed o resolution as to how we can invest. It oould be tied up it _k it was a Joint CO. He would prefer a higher interest. - PUBLIC COMMENT$ as Bill Iubsck, 7963 Spur, Kenai. its distributed ^oples ' of ceteinege agreements in Alaska cities. Anchorage was used and amended for Kenai. -Unalaska was under State statute at•10-IV2%. He dons not know how Kenai - i pays. Mr. Brown explained -it Is based on what the City reosives. He oddod, that is 9 maximum of 10-1/2%, At -.---.--, is not mandatory. Anchorage is B-1/2%. Mr. 2ubeok ; said the Ctty Bays 5% after substantial completion. Some businessea can take 2 years to do the work, over the winter. With a short project It does not matter, but it is not good if it gone over a winter. The Corps of Engineers does not require rslainage, not does the Bocouph. As reputable bonded aontcaotoea they do not -? need this. Mayor Nagonec suggested the City bring alternatives to Council for disoussion. Council spreed• „ a. to the ouggestion. Atty. Rogers sold he would review. :r Public Works 0lreotor Kornelle said he is getting requests from subcontcootore regarding reteinage the , beosuae they have not been paid by contractor- This 1a eoyeolion Inc them. Me. Lubeck sold it should o be paid to the subcontractor. They may hove their work - done much before all work is done. Me should be paid for work complete. _ Council agreed to hove a rsport from Administration at the `r 7-16 meeting. _ N . f p KENAI CITY COUNCIL DULY 2, 1986 Page 9 b. Architect Ointoli, Kenai. Hs noted good contractor* suffer for the bad contractor*. The rules ere to protect from them. M. REPORTS U M-1 City Manager ... City Manager Brighton spoke. _ s. Regarding finance Direotor Brown's memo regarding insurance, distributed this date. Administration felt Mil lion 19 sufficient, it is $20 Million loon then _ sa Ml u - Council agreed to the recommendation. b. Gov. Sheffield hoe asked Council to have breakfast with him Ned., 7-9-06. Council agreed to attend. o. Airport Manager Ernst reviewed the request by federal r. °off Expreso to lease space at the terminal. He did not know of any policy that they could not. Mayor Wagoner sold there le no freight over the counter. Mr. Ernst noted 90% of it would be documents. He noted there are -; 190 lb. boxes of fish coming over now. Mayor Wagoner asked that the minutes be chocked out for policy. Architect Ointoll noted it was discussed during remodeling o/ the airport, In 01-52. — d. Alrpport Manager Eenet reported AAI has filed a request r J to be relieved from their lases at the terminal. Atty. Rogers added, they are going from a Chapter 11 to Chapter 7, bank ruptsy. Mr. Ernst said there hoe been ...�b firm interest by Southoontral for the space. 11-2 Attorney Atty. Rogger@ asked for clarification. The Aeet. Atty. is changed to Legel Assistant. The $60000 put in the budget Is not evrllable at this time it was available only for an o@eletent attorney, not a legal assistant. ( H-7 Mayor ( Nsrqor Wagoner said Councilwoman Bellle hoe resigned from the L Wildwood Citizens Advisory Board. They have asked the City to appoint a representative. He asked If anyone wee _ interested in serviniQ No action byy Council. Mayor Wagoner said he would contooE Counoilmen Aokorly. H-4 City Clerk Clerk Whelan spoke. # of Municipal League Legislative Committee met at City Hall June 26 A 27. Many member@ noted Kenai looked very good. b. Request for Pro-Clearenoe from U.S. Dept. of Justice -. has not been received for the June 24 election. It was -- requested In May. - A H-9 finance Director „•" o ._•?e1 None H-6 Planning 6 Zoning =- None ==' i 0 i KENAI CITY COUNCIL DULY 2, 1906 Page 10 H-1 Harbor Commission None H-B Recreation Commission Recreation Director McGillivray spoke. a. The Jeoae Owens games were Juno 28. The winners will go to Anchorage July 12, those winners will go to Los Angeles Aug. B. They had a good crowd. b. Councilwomon Nonfat noted someone has been clearing out the brush at the Senior Center, but it woo not tskon away. Mr. Me01111vroy sold he would hove it removed. c. Councilwoman Monfor sokod how the Municipal Park woo going. Mr. McGillivray replied It to being chocked every day, they have had no problems. H-9 Library Commission None 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD no Public Works Director Kornello. He distributed a coot estimate of running "ator 6 sewer to Arco this date. Mayor Wagoner asked that it be added to the CIP list. b. Councilman Wise asked when the City wili do s publio opinion survey. Mayor Wagoner said he would like It before the CIP list to reviewed. Councilwomen Belli@ said it should be sent to all the people In Kenai. We should educate the people with a PR program# what we have done, how much It cost, where we got the funds, piano for the future. Mayor Wagoner noted we did not send out the CIP brochure because of the cost. Councilwoman Mentor sold the PR program should be sent out 2-) times per year. City Men@ or Brighton suggested the survey should be eon! out after school starts when vacations are over. Mayor Wagoner noted the City does not have the mace exodus they used to have when summer starts. Counollwoman Nonfat suggested the PR program be sent out at the end of the year. Councilwoman Gallia added, it should show the •ales tax and property tax generated, what Incomes we have and where the money goes. Councilwomen Monfor noted that@ are many now people in town who do not know the sill rate. We should let them know It Is Important they spend their money here. o. Councilwomen Gallia asked for the status on Hlghbush, Allok, etc. Otll Nelson, Enolneer, reported. It is basically done. They heve withheld S retainage. Councilwomen Betlie said the attest looks like dirt. Mr. Nelson said he asked the contractor to remove the material that to unsuitable. He will do It. It has not compacted well. The problem Is confined to Swireo. Councilmen Mine suggested on audit of the project so we can learn from what has happened. Mayor Wagoner dieegreed, they did not need on audit to know a mistake woo made. Council took no action. d. Councilwoman Nonfat asked for a report on the loot meeting of the Old Town Committee. e. Public Works Director Kornells. Regarding Kensitte Ct. In getting the road to geode, they have steep driveways. Me could bring gravel to ptivate property, but some owners have paved. They will have to out No driveways. The residents have asked the City to to -pave thole delvewaye. He explained, In order to have ditch desinege, they had to put in culverts and had to raise !t 2 ft. There are 2 oe 7 about KO tt.11 book. Councilman Hell estimated about 0;,000, N KENAI CITY COUNCIL DULY 2, 1906 Page 10 H-1 Harbor Commission None H-B Recreation Commission Recreation Director McGillivray spoke. a. The Jeoae Owens games were Juno 28. The winners will go to Anchorage July 12, those winners will go to Los Angeles Aug. B. They had a good crowd. b. Councilwomon Nonfat noted someone has been clearing out the brush at the Senior Center, but it woo not tskon away. Mr. Me01111vroy sold he would hove it removed. c. Councilwoman Monfor sokod how the Municipal Park woo going. Mr. McGillivray replied It to being chocked every day, they have had no problems. H-9 Library Commission None 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD no Public Works Director Kornello. He distributed a coot estimate of running "ator 6 sewer to Arco this date. Mayor Wagoner asked that it be added to the CIP list. b. Councilman Wise asked when the City wili do s publio opinion survey. Mayor Wagoner said he would like It before the CIP list to reviewed. Councilwomen Belli@ said it should be sent to all the people In Kenai. We should educate the people with a PR program# what we have done, how much It cost, where we got the funds, piano for the future. Mayor Wagoner noted we did not send out the CIP brochure because of the cost. Councilwoman Mentor sold the PR program should be sent out 2-) times per year. City Men@ or Brighton suggested the survey should be eon! out after school starts when vacations are over. Mayor Wagoner noted the City does not have the mace exodus they used to have when summer starts. Counollwoman Nonfat suggested the PR program be sent out at the end of the year. Councilwoman Gallia added, it should show the •ales tax and property tax generated, what Incomes we have and where the money goes. Councilwomen Monfor noted that@ are many now people in town who do not know the sill rate. We should let them know It Is Important they spend their money here. o. Councilwomen Gallia asked for the status on Hlghbush, Allok, etc. Otll Nelson, Enolneer, reported. It is basically done. They heve withheld S retainage. Councilwomen Betlie said the attest looks like dirt. Mr. Nelson said he asked the contractor to remove the material that to unsuitable. He will do It. It has not compacted well. The problem Is confined to Swireo. Councilmen Mine suggested on audit of the project so we can learn from what has happened. Mayor Wagoner dieegreed, they did not need on audit to know a mistake woo made. Council took no action. d. Councilwoman Nonfat asked for a report on the loot meeting of the Old Town Committee. e. Public Works Director Kornells. Regarding Kensitte Ct. In getting the road to geode, they have steep driveways. Me could bring gravel to ptivate property, but some owners have paved. They will have to out No driveways. The residents have asked the City to to -pave thole delvewaye. He explained, In order to have ditch desinege, they had to put in culverts and had to raise !t 2 ft. There are 2 oe 7 about KO tt.11 book. Councilman Hell estimated about 0;,000, N RLNAI CITY COUNCIL DULY 2 1966 Page 11 Counoll agreed to the request. AWOURNMQNTt Meeting adjourned at 10oOS PM. J e s EM 1 a ' _t 1 � -3 0 Suggested by: Planning 8 Zoning CITY OF KENAI ORDINANCE N0. 1155-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI9 ALASKA9 AMENDING VARIOUS PORTIONS OF KENAI MUNICIPAL CODE SECTION 14 ENTITLED "PLANNING AND ZONING." WHEREAS, several sections of the Zoning Code need to be updated$ clarifiedt and conflicting sections made to agree. NOWl THEREFOREt 8E IT ORDAINED 8Y THE COUNCIL OF THE CITY OF KENAI# ALASKA, that amendments to the Kenai Municipal Code Section 14 be made as defined belowt Section 1: The Table containing development requirements located on Page 14-61 of the Kenai Zoning Code is hereby emended to reed according to the attached Exhibit "A" which is attached hereto and incorporated herein. Section 21 The tiditionel Requirements Table located on Page 14-62 of the KonaA Zoning Code is hereby amended to read according to the attached Exhibit 118" which is attached hereto end incorporated herein. Section 3s Section 14.20.240 of the Kenai Zoning Code is hereby emended to reed according to Exhibit "C" which is attached hereto and incorporated herein. Section 4 0 Section 14.20.050(g) of the Kenai Toning Code is hereby amended to read according to Exhibit "D" which is attached hereto and incorporated herein. Section 51 Section 14.20.150(c) of the Kenai Zoning Code is hereby emended to read according to Exhibit "E" which is attached hereto and incorporated herein. �j 1 -� -- ---' cj - .i e . ,iv j1 �. . JS• Kai.+1r�,,,j... Section 6: Section 14.20.180(e) of the Kenai Zoning Code is hereby amended to read according to Exhibit "F" which is attached hereto and incorporated herein. Section 7: The section of the Lend Use Table - Page 3v located on Page 14-58 of the Kenai Zoning Code is hereby amended to read according to Exhibit "G" which is attached hereto and incorporated herein. PASSED BY THE COUNCIL OF THE CITY OF KENAI# ALASKAt this sixth day of August, 1966. ATTEST: Janet Whelang City Clerk Building Official: 7/10/86 First Readings July 169 1986 Second Reading: August 6t 1986 Effective Date: September 69 1966 2 n 11 — _FFi.c... .t ~ W N^ Vtoy 0 ~ fp7 M M M M O ty M A w !; �E �4 �4 �C N by w ^ a a• R�o� ^ �°�+ go' w w rayRE 2 � � O O O O :.! h a �i ^° a 1p N N F+ M 0 r► 0 pr PPP N r ' Ic ID n N M 1�+p• N at �o MO IA A• a � ^xr ° � �. Si tg fa '� � �° � b ti �' w w N in o � � � it •gg. ti r� p► (A P" IaD q� : VNN O 0' a �C Vwi O O n to O O O a M N O• �a1 ~ o O p N ti: O pOj t of O Cl M P1 N O Ir ID M -- - - ro ° �+ v+ o ►+ o m y to }i r ►mIA �o 1) M P► C W OW t 0 n 'A } o I G� 04 F+ 1p ! i 0 r As .F A 0. ,r jsr _ ' 7 `t (J y E ADDITIONAL REQUIREMENTS: Minimum Yerdet .4-A I, ' (A. YARDS WHERE COMMERCIAL AND INDUSTRIAL ZONES ABUT ' RESIDENTIAL ZONES. WHERE A CCO CG9 IL OR ILL ZONE BUTSA RESIDENTIAL ZONE, IT MUST BE SEPARATED BY AN ALLEY.) [B]. Yerde for Corner Lote. The minimum side yard on the street side of a corner lot shall be the samo no the minimum front yard required for that zone. [STREET SETBACKSt SETBACKS FROM CITY AND STATE ROADS. MINIMUM _YARDS RE4ULKLD BY THIS CHAPTER SHALL BE IN ADDITION TO THE r FOLLOWING SETBACKS FROM THE CENTERLINE OF CITY AND STATE At a =_ ROADS. THESE SETBACKS SHALL BE REQUIRED IN ALL ZONES. A. MINIMUM SETBACKS FROM THE CENTERLINE OF CITY STREETS - ". 50 FEET; j B. MINIMUM SETBACKS FROM THE CENTERLINE OF A PRIMARY FEDERAL -AID HIGHWAY - 150 FEET -- 1-.. C. MINIMUM SETBACKS FROM THE CENTERLINE OF A SECONDARY - FEDERAL -AID HIGHWAY - 100 FEET.] _-' Maximum Heights: Height Limitation of Structures Near Airport. —`�All s cucturee in aircraft approach zones and within 89000 feet of the main runway shall be aubject to height limitation on the basin of obstruction criteria ea shown on }o r a map entitled "Obstruction Criteriap" on file with the [CITY CLERK] airport manager. S ' z� ,• o arr, i., N � LIM :n= 14.20,240 Mobile Homea: (a) No mobile homes may be installed for uee n e C y of Kenai for public, commercial, or 000embl purposes after the effective date of this ordinance. (Ib Mobile homes for residential use may be established (only i mobile home arks as permitted in the Land Use table. c) HoSile 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 indefinitelyp except that such trailers shall not be replaced if destroyed or removed. (d) Mobile homes utili2ed on bone fide construction sites for offices, etoraget or other ouch purposes may be so used anywhere within the City limits on the construction job they nerve, but shell be removed immediately upon completion of said construction. 14.20.050 Nonconforming Lots,` Structures, A Uses: (g) General Provisions. (1) Signa 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 ar display devices on the land outside of the building, or by the addition of other uaes, 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 plane, 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)] L31 Repairs and Maintenance. On any nonconforming structure or on any building devoted in whole or in part to any nonconforming use, work may he done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing wallop fixtures, wiring, or plumbingp 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 or amendment of this ordinance shall not be increased. k,64- %r a u F 14.20.150 Conditional Uses: (a) Procedure. (1) An application for a conditional use permit shell be filed in writing with the administrative official and verified by the owner of the property concerned. Ei] Application shall contain the following date with respect to the property and the applicant: 4a) Legal description of the property involvedf ib) Plane showing the location of all existing and proposed buildings or alterations, elevations of ouch buildings or alterations, and ouch data as may be required. (2) The public hearing and notification procedure for a conditional use permit application shell be accomplished in accordance with the requirements of this chapter. (3) An approved conditional use permit eholl lopes 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 ermN was ijoroved hoe 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 f. permit. A public hearing shell not be required ra,• e condition to granting the extension. .. e e 14.20.180 Variance Permits (a) Permit Expiration and Extensions An approved variance permit shell lope@ 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 wee issued has not been im lemen s. TN Comm ea on may grant a time exteneion not E-5exceed 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 exteneion* J .. 1 Sxlnibi� "I' r) 61 u l 0 V1. iv'-1M'15 c IA womvvv r- ro '^ n C CO m°I mm O mM m �•z�+ Zorn 060d." •o oa•�" Co 0M r m W a• 1+• < 7C R• •1 10 m ID m m 8 r Orrin rrCm Od 0. m321+• A z Cn C"w\r*07 mW10 vm0 rn xp m n I mlo0 0 ID O min mCo Y M•"n fACm\ IA Mr►:0 11-4 C C'hrtrtM B N aM a m M0 0 cr crlgo •mncr O• W m W X aW►-1 OCIr-Ir1m n O O n Orr W w1A9 (A m M 1"2 M c 8 nr mwetcmnw 7 q 1Y• M in M• pi w W m m C 7 n o o n r m Y W ►•Io m 7 m rr O m r• rt In �h N►O -bO n W m "C� .1 �► o� 9 W .r r• W m m a O W n .. w rmr n �'r741C11C�■1'0 I��III��"I■� ivv0l���i'�v1�0 1��1111�1�1�0' a� z v C a rn -4 a O r rn 1 m O m m W 01 1 Go 3 MEMORANDUM TOi Kenai Mayor and City Council FROMt Howard Hackney, Building Inspector DATE: July 10, 1986 SUBJECT: ORDINANCE NO. 1155-86 See 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 woo created no requirements were established for minimum lot width; minimum front yard, aide yard, and rear yard; maximum lot coverage; and maximum height. The table which liote the development requirements requires a 5 foot aide yard setback in the three Suburban Residential Zones. Footnote No. 1 to that table requires a 15 foot aide yard setback in these zones for a building more then 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, thin has never been enforced. EThesame table, under maximum heighto referring to en truction Criteria" map, the loot prepositional phase es that this map is on file with the City Clerk. This is not now and never hoe been on file with the City k. It is on file with the Airport Manager. The same table again, concerning street setbacks, hoe boon a problem for a number of years. In the early 701e the zoning code left all the distances of the setbacks from the centerlinee of various street categories blank. Sometime after thin 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 dietrict. When a problem arises with the setbacks from the centerlinee, then the owner or contractor hs to apply for a variance, pay a fee, the variance he to �e L. r advertised and a public hearing held at the next Planning and Zoning meeting. In every case the variance has always been granted. It just aosma ao unnecessary procedure to go through. Sec 3 The Land Use Table lists mobile home© under the residential category on page 14-56 with a footnote which reads, "Sue Mobile Homes' Section." The "Mobile Homo" section (page 14-39) refors to the Land Use Table. The change will make it clear that mobile homes may only be out in mobile home parka. Sec 4 Sec. 14.20.050(g)(3) confliel Sec 5 Sec. 14.20.150(c)(3) may not occupancy. Sec 6 Sec. 14.20.160(e) may not roi See 7 Sec. 14.20.250 requires off-i Lend Use Table only allows of conservation zone. HH/ ow F �-y O Suggested byi Administration CITY OF KENV ORDINANCE NO. 1196-06 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING ALL SECTIONS OF THE 1986-07 BUDGET THAT DEAL WITH SENIOR CITIZEN FUNDS, AND MAKING NLW APPROPRIATIONS IN THE SENIOR CITIZEN FUNDS BUDGETS IN THE TOTAL AMOUNT OF $3279289. WHEREAS, Ordinance No. 1138-86 appropriated $4179175 in five Senior Citizen funds, including apporopriatione for a Soldotna site; end, WHEREAS, many revenue sources have been reduced and the Soldotna site has been eliminated) resulting in significant changes to appropriations; end, WHEREAS, it is simpler to repeal and re-enact the Senior Citizen budgets rather then to amend each line item. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF K KENAI, ALASKA, that: _ Section It All appropriations for Senior Citizen Funds in the City of Kenai 1986-87 Annual Budget, which was adopted by Ordinance No. 1136-869 be repealed. r Section 2s Estimated revenuee and appropriations be increased ae follows: Senior Citizenof Title III ncreeae Latimated n9venueet State of Alaska Grant $149,742 USDA Cash 7,184 In -Kind Rent 160636 Donations 16� 299 - Increase Appropriations: Acceee: a: Salaries $ a9,9a2 _ _ Leave 29369 >`=f PERS 20194 j 4` .• � 1 •i . 7 n o I V i 3 ; Wt! r w ESC 323 Workmen's Compensation 19290 Health 2.974 Supplemental Retirement 579 Office Supplies 60 Communications 658 Utilities 4,932 Repair and Maintenance 89000 Rentals 80319 3anitorial 19800 Miscellaneous 4, Conareaate Meale: Salaries f 35,902 Leave 2t660 PERS 2,608 ESC 303 Workmen's Compensation 1,544 Health 59071 Supplemental Retirement 692 Office Supplies 140 Operating Supplies 309250 Repair and Maintenance Supplies 417 Communications 858 Rentals 8,319 3enitoriel 1,800 Utilities 4,932 Home Meals Salaries $ 69597 Leave 448 PERS 478 ESC 71 Workmen's Compensation 261 Health 10096 Supplemental Retirement 128 Office Supplies 140 Operating Supplies 79563 Repair and Maintenance Supplies Community Service©: Salaries Leave PERS ESC Lamm" 3 Workmen'© Compensation Health Supplemental Retirement Transportation TOTAL Senior Citizens Borou h Increase s ma a Revenues: Appropriations of Fund Balance Borough Grant Increase Appropriations: Salaries Leave PERS Esc Workmen's Compeneation Health Supplemental Retirement Operating Supplies Printing and Binding Miscellaneous Senior Employment Increase Estimated Revenues: State of Alaska Grant Increase Appropriatione: Selariee ESC Workmen's Compeneation Senior Day Care increase Estimated Revenues: State of Alaska Grant Donations In -Kind E 340 251 47 360 9. 1s9.e63 $ S,OBS 34.476 $ 23,592 1t172 1,997 247 991 6,260 436 2941E 250 2.601 12.321 i 11t797 53 471 : 760000 1t100 1�t , �SL'i F Increase Appropriationas Salariee Leave PERS ESC Workmen's Compensation Health Supplemental Retirement Office Supplies Operating Supplies Repair and Maintenance Supplies Professional Services Transportation Communications Repair and Maintenance Janitorial Postage Utilities Rentals S 48,082 2j593 39525 507 20027 69260 961 300 29779 360 39600 360 120 49000 1,440 66 120 8,444 a Iva IT PASSED BY THE COUNCIL OF THE CITY OF KENAIO ALASKAp this sixth day of August, 1986. AT TEST s Janet a an, City Clock Approved by Finance: eqa 7/11/66 First Readings July 16t 1986 Second Readings August 69 1986 Effective Dates August 6. 1966 4 Y .. o G I-S Suggested bys Administration CITY OF KENAI ORDINANCE N0. 1157-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $8449000 IN CAPITAL PROJECT FUNDS. WHEREAS, the City hoe received a $1.1 million grant from the State of Alaska for road improvements; end, WHEREAS, $329716 of the 1984 state grant for road improvements is unappropriated due to the closing of the Lake/Marine road project; end, WHEREAS, the Council desires to appropriate $7949000 toward the construction of Juliuesen, Basinview, Ames, Angler and Barabore; and,, WHEREAS, insufficient grant funds are available for construction of VIP Subdivision rondo, but the Council desires to design the roads at this time. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Juliuesen Baainview Ameo Angler & Baraboro increase Estimated Nevenuees 1966 Road Grant 1794,020 Incroese Appropriationes Administration $ 1,000 Inspection 1009000 Construction 6309000 Contingency 63,QOd VIP Subdivision Roads Increase a ms ed Revenuees 1904 Road Grant 1986 Road Grant 1 4• I,, � , V i L $ 329716 179284 mm N�. I i li i ti �I N y. 4 I I _ I Increase Appropriations: Administration $ 19000 Design 49,000 PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of August, 1986. ATTEST: Janet ---Whelan, City Clerk Approved by Finances 7/11/86 YOM WAGONER, MAYOR First Readings July 16, 1986 Second Readings August 6, 1986 Effoctive Dates August 6, 1986 Z } G_ SUBSTITUTE Suggoated byt Administration CITY OF KENAI ORDINANCE NO. 1157-06 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENA19 ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $19044,000 IN CAPITAL PROJECT FUNDS* WHEREAS, the City has received a $1.1 million grant from the State of Alooku for road improvemontai and, b4 k �4_ WHEREAS, $32t716 of the 1984 state grant for road improvements io unappropriated due to the closing of the Lake/Marine road project; and, WHEREAS, $1179993 of the 1985 atato grant for road improvements is unappropriated; and, WHEREAS, the Council doeirp* ti appropriate $7949000 toward the construction of 3ulivason, Bosinview, Ames, Angler and Beraberal end, ..... ..... ----- WHEREAS# insufficient grant funds are available for construction of VIP Subdivision roadep but the Council desires to design the roads at thin time; and, A 27 WHEREAS, the Airport Way project has been bid and is approximately $2000000 short of funds to award the contract. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI# ALASKA, that estimated revenune and appropriations be increaeod as followet 3uliuoqong,.Bpq.Lnview1 Ames, Angler A Berobare 6 Increase Eatimated Revenueot 1966 Road Grant 1794.0-0- W, Increase Appropriationst Administration 10000 Inspection 10090006309000 Construction VON,, Contingency 63,000 • t, VIP Subdivision Roads Increase Estimated Revenues: 1984 Road Grant $ 32,716 1986 Road Grant 17 284 0 1 Q ul Increase Appropriations: Administration s 1,000 Design 49 000 0 110 Airoort WO Increase Estimated Revenuest 1985 Road Grant $117,993 1986 Road Grant 82�007 Increase Appropriations: Construction, 11,�,�, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of Auguet, 1986. ATTEST: Janet Whelan, City Clerk Approved by Finance: 10461 7/ 16/66 tlT "rT`giI"IIX1M,f_lTl.� First Reading: July 16, 1986 Second Reading: August 6, 1986 Effective Date: Auguet 6, 1986 L (1 F r i — 10 Suggested byt Planning A Zoning Commission CITY OF KENAI ORDINANCE NB. 1lWB6 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING PORTIONS OF BARON PARK S/D 05, TRACTS A, B, & C TO LIGHT INDUSTRIAL (IL) AND LOT 1 TO GENERAL COMMERCIAL (CC) DISTRICT. WHEREAS, KMC 14.20.270 eatablishes a procedure to amend the Official Zoning Map of the City of Kensi, and WHEREAS, a rezoning petition hoe been submitted by Administration which supports the overall development plan for the designated area, and WHEREAS, the Kenai Advisory Planning 8 Zoning Commission has conducted the required public hearing on July 90 1986, and WHEREAS, as a result of the public hearing and previous discussions concerning the development of these tracts of lands, the Planning Commission submit© the recommendetion of approval. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follower Sea ion it Subject property consisting of those lands depicted in Exhibit A" are hereby rezoned tot Tracts A, B, and C - Light Industrial (IL) District Lot l - General Commercial (CG) District PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of August, 1986. , Janet a sn, City Clark TOP WGN , 14AVOR First Readings Second Reading: Effective Date$ July 160 1986 August 6, 1986 Septesber 69 1986 r o 4 TOs FROMs SUBJECT: DATE: BACKGROUND Applicent: Location: CITY OF KENAI 40d eae" o f 4" MORDAM KENAI,ALASKA IIa011 WLEMN119113 • Mb 1 MEMORANDUM Kenai City Council Janet Loper, Planning Specialist Ordinance -861 Rezone Baron Park S/D NS Per Exhibit A July 11, 1986 Existing Zonings Proposed Zonings City of Kenai Per preliminary plot identified as Baron Park S/D 05, Tracts A, B, A C and Lot 1 north of the Spur Hwy and east of Marathon Rd. Suburban Residential (RS) Lot le.., General Commercial (CC) Tracte A, B, A C...... Light Industrial (IL) Existing Land Use Plans Medium -High Density Residential Proposed Land Use Plan: Commercial and Industrial DISCUSSION The City of Kenai, in conjunction with FAA hoe been in the process of developing lands in the area of the Marathon Rd, Spur Hwy# and west of Beluga S/D. Portions of Baron Park have been approved and developed which lie adjacent to Airport Nay. The Planning Commissions of both City of Kenai and Kenai Peninsula Borough have approved the preliminary plat which defines the area to be developed. Tract A is proposed for the FAA antenna facility. The Planning Commission recommends approval of the resolution. „ rM mok ndA►1 I Gc n R' • M ASS26Nl1RNT OF LEABA The undersigned, INLET INDUSTRIES. INC. now known as DECOR - INLET INDUSTRIES. an Alaska corporation, hereinafter re149r4d to an Assignor. for TEN DOLLARS (010.00) lawful money of the United teof mland for bn,iJn, the rceiptofwhichs hery acknowledged, does hereby assign Alaskaand agqcorporation convey who and set address isunto 4611 MinnesotaRDrivOt an all olaito right# title and interestrin and to the d to an � described lease and real Property situated in the Kenai Recording District, Third Judicial District, State of Alaska$ City of Kenai lease to INLET INDUSTRIES, INC. dated March 1, 1967, executed by INLET INDUSTRIES, INC.• lessee, and recorded September 11, 1967, in Niscellaneoua Records, Sock 1e, Page115# Volaids of the Kenai, Recording District,Third District, State of Alaska, concerning land described as follows$ Lots One (1), Two (2), Three (3) and Four (4), Block Throe (31 of COOK INLET INDUSTRIAL AIR PARK, according to Plat No. K1447 of record in the Kenai Recording District, Third Judicial District, State of Alaska. SUBJECT TO existing easements, conditions, covenantal reservations, terms, agreements and restrictions of record. TO HAVE AND TO HOLD the same unto the said Assignee, its successor@ and assigns, from the dote hereof and during all of come Of nmthaid esenorerymrrasdthe naethtthhebwantancovenantsto and assigned premises are tree and clear of and from all former and other gitts, bargains, sale$, leases, ludgmenta, executions, bast:-rentss taxes,ppassessments# penult as, claims and thatmAssignor hasetheafight and powerntonnmi keothisfAssignment. Assignee receiving the rights of Assignor under said Lents hereby assume tho•dutLen end obligations of As@iand 6 gnos thereunder and remainderthe yetttoo-come atitheotermfof said lease,all the rout DATED this :Fard day of Haig --, 1906, ABSHNORe AEBIONBE1 INLET INDUSTRIES, INC., n/k/o DECOR INDUSTRIES, INC. OBCOR-IN6ST INDUSTRIES By: By t� STATE OF ALASKA j ee. Third Judicial District t n I r 1. The ! regoing Instrument wee acknowledged before me this �dey of , 1986 by QA� the OUSTRISS, I n a D= INLE D T . an asks corporation, on behalf of the corporation. Notary c in and for Alauka My Commisoion Expiroor—LLM-3 STATE OF ALASKA ) ) 96. Third Judicial Diotrict ) The �loregoing instrument wao acknowledge .4 befit me thin day of c�•� , 1966 by �f1, A.dsJ� the (.j Lit 0.t DECDUSTRI'S,—INO:, an i►iae�ka corporation, on bolialf of tho corporation. Notary c in and o`� V ATaoke My Commisoion Bxpireer CONSENT The CITY OF KENAI conoente to and approves the foregoing Aoolgnmont. Any notice required to be given to Lessees pursuant to the asoigned Ioeoo shell be given to DECOR INDUSTRIES, INC. at 4163 Minn000ta Drive, Anchorage, Alaska, 99503. CITY OF KENAI Syr _ STATE OF ALASKA ) ) se. Third Judicial Diotrict ) This in to certify that on the day of ,,�,�• 1906, before mo, the undersigned Notaiy Tublic, personally appeared of the CITY Of KENAI, Kenai, Alaa e' eat ana eo nowledge zu me 'iTi'sF he executed the foregoing Consent to Assignment for and on behalf of the City of Kenai, freely and voluntarily and for the uses and purposes therein set forth. IN WITNESS WNSRBOP, I have hereunto set my hand and affixed my official seal the day and year in this certificate first abcVe written. Notary u o in and or Ms e my Commission lxpires��,_,�, A L W 41*�r.d I BSIGNMENT OP LKABE FOR BRCURITY The undersigned, OECOR INDUSTRIES, INC., an Alaska oor6pooration, hereinafter referred to as Aeetgnor, for TEN DOLLARS (810.n0) lawful money of the United States of America, and for other good and valuable consideration, the receipt of which if hereby acknowledged, does hereby assign and transfer, convoyy and set over unto FIRST FEDERAL BANK OF ALASKA, S.B., whose mailing addreoo io P. 0. Box 9-2200, Anchorage, Alaska 99509 hereinafter refitle and interest in and PtoSthe Efollowing ldescribed se of its isleatand real proporty situated in the Kenai Recording District, Third Judicial District, State of Alaska City of Kenai lease to INLET INDUSTRIES, INC. dated March 1, 1967, executed by INLET INOUSTRIESP INC., leeoeo, and recorded September 12, 19670 in Miocellaneouo Recorder Book 28, Pagge 115, rocordd Of the Kenai Recording District, Third J,.dlcial District, State of Alaska, concerning land descriued as follows$ Lots One (1), Two (2), Three (3) and Four Me Block Three (3) of COOK INLET INDUSTRIAL AIR PARK, according to Plat No. K1447 of record in the Kenai Recording District, Third Judicial District, State of Alaska. SUBJECT TO existing eassmonts, conditions, covenanter reservations, terms, agreements and restrictions of record. TO HAVE AND TO HOLD the same unto the said PIRST PEDERALP its representatives and assigns, from the date hereof and during all of the remainder yet to come of the term of said Lease. Assignor hereby warrants and covenants to and with FIRST PBDERAL that the assigned promises are free and clear of and from all former and other gifts, bargains* sales, lesson, judgments, executions, back -rents, taxes• assessments, @@enalt es, claims and encumbrances, except as set out herein and those of record. This Assignment by FIRST FEDERAL shall teke effect and will be enforceable against said FIRST FEDERAL -in the alert, and only In the event, that Assignor defaulte'under the terms and conditions of the Deed of Trust hereinafter referenced and Assignee notifies Lessee of PIRST PEDERAL19 decision to declare this Assignment to be effective. Assignor represents that the Lease described above between Lessor and Lessee is unmodified and in full force and effect, and that Assignor has the right and power to make this Assignment and further represents that there are not, to Assignor's knowledge, any uncured defaults on the part of Lessee thereunder. Assignor agrees that it shall not amend said Leave without the written consent of Assignee. FIRST PEDERAL shall be privileged at any time hereafter to reassign any interest hereby acquired to the said Assignor. This Assignment shall be void if the said Assignor shall perform all of the covenants, including any for payment of money• contained In a Used of Trust Note in the amount of POUR HUNDRED PIM THOUSAND AND HO/100tha DOLLARS ($460r000.00) plus interest, executed by Roy L. Cassel and Lillian E. Cavval secured by a Used W _ - - a F. :G t 7.y .. ; y}k-. °.i i 1 j i ' I -- Trust, Security Agreement and Assignment of Rents (Deed of at)• which Deed of Trust and Deed of Trust Note are dated on 23rdday o!�� • 1966 and all other agreements lerr w ich thethooi— g or to obligaledrton/IRST FEDsaid ERAL. DATED thio,3„+- day of ,1� 19e6. {IfiNORB 1 A86IONE6 � �j•� !OR INDUSTRIES, INC. FIR3JP/ PBDB L BANKS P // / A16A81fA, Ito STATE OF ALASKA 1 00. Third Judicial District 1 The foregoing instrument wen acknowledge before -me this �!A day of MG-w. — , 1966 b L. N16" the Ei o DUSTRIEB,INC. • an ae a - corporaaEEEiii--on, on o e of the corporation. o ary c In and coc.Alosma Ny Comm onion Expires 11 •a'f 42 - STATE OF ALASKA 1 as. Third Judicial District 1 The foregoing instrument wan acknowledged before me this i day of , 1969 by 2W +• , the,& o D BANK O • •• a fedora sav ngs anc, on behalf of the bank. ,•"+ 1 t o sty o n a or ae a, My Commission Bxpireel ;9/•17 The CITY OF KENAI consents to and approves the foregoing Assignment and Dsed of Trust to which reference is made. Any notice rejoiced to be given to Lessees pureuant to the assigned lease shal be given to INLET INDUSTRIES, INC. and ROY L. CABBBL and LILLIAN E. CASSEL at 4263 Minnesota Drive, Anchorage. Alaska and /IRST FEDERAL BANK Of ALASKA, S.B.• P•O. BOX 9-2900• Anchorage, Alaska• 99509. CITY O/ KENAI ey. 0 i i i . . r_`'r .►..a ITATE Of ALURA e�. rhird Judicial oiatrict This is to certify that on the day of t995, before me, the undersigned Not -a y Vublic, persona y appeared of the CITY OF HHNAI, Kenai, Al-a-M-tand acknowledg-8-rFEM-e-Th-aT he executed the foregoing Consent to hasignment for and on behalf of the City of None&, freely and voluntarily and for the ueoe and purposes therein sot forth. IN WITNESS WHEREOF, I have hereunto net my hand and affixed my official coal the day and year in thin certificate first above written. o ary public n en or Alaska My Commission Expires) m Y { r u ru 1� i 1 .1 1 r Ai. �i 11 i t s r t h i TIM MIND qnv MIMI CIF 01 not 0020 .1e atkV MAIAAM111 tan» WI CONSENT TO ASSIGNMENT OF LEASE FOR SECURITY PURPOSES The City of Kenai, City Hall, Looeor in Agreement dated March 1, 1967, to Roy L. Caeeell Individually, and DECOR -INLET INDUSTRIES for Late 1. Y. 3 and 4, Block 3, Cook Inlet tnduotriol Air Pork Subdiviolan, Kenai Recording Olatrict, by and through Ito City Manoger, hereby conoonto to the naoignmont of the right, title, and lntoroot of the Loonoe In the above referenced agreement, for nocurity purpooeo, to FIRST FEDERAL BANK OF ALASKA. Thin Conoont In given by the City of Kenai without weiving any right or nction, or roloo0ing the Aeeignor from any ltobillty or rooponotbility under the aforementioned Lonna, and doeo not rolieve the Aooignoo from the condition requiring the City approval for any oubooquont eubleaee or oosignment. Dated thin day of , 1986- CITY OF KENAI Bye m. a. Brighro-n City Manager STATE OF ALASKA )ao THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on thie day of , 1906, WILLIAM J. BRIGHTON, City Manoger oT the City o ena Alooko, being peroonally known to me or having produced oatiofactory evidence of identification, appeared before me and acknowledged the voluntary and euthorited execution of the foregoing lnotrument on behalf of sold City. o ery Public for Alaska My Commission Expireal C •o- 0 W 21.15.030-21,15.060 21,15.030 Payment of Rents Rent shall be paid annually in advance. Sal.d payments o e 1 be prorated to conform with the City of Kenai's fiscal year beginning July 1 and ending June 30. If the equivalent monthly payment exceeds $2000 then the leeeee shell have the option of making payments on a monthly or quarterly bests. (Orde 4009 531) 21.15.040 Adjustment of Rentals All leases shell contain the agreement of the losses to a re-eveluation of the annual cent payment every fifth year. (Orde 256, 4009 531) 21.15.050 Subleseings Leases may provide for subleasing without prior Counc approval. Subleases shall be in writing and be subject to the terms and conditions of the original lease. (Ords 2589 400, 531) 21.15.060 Asoignme�ntas No lessee may aesign the lands leased to him without r or Council approval. The assignee ohell be subject to all of the provisions of the lease. Any attempted assignment made in violation of this section shall be void. Any assignment requiring Council approval will not be unreasonably denied. (Ords 258p 400, 531) 21.15.070 Modification: No lease may be modified orally or in any manner other then by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval. (Ords 2589 4009 531) 21.15.090 Cancellation -forfeitures (a) Leases in good standing may be cancelled n w o e, or in part, at any time upon mutual written agreement by leeeee and the City Council. (b) Any lease used for an unlawful purpose may be cancelled. (a) If the losses shall default in the performance or observance of any of the lease terms, covenants, or stipulations thereto, or of the regulations now or hereafter in forces and ehould said default continue to.3-0 calendar Jaye.after service of written notice by the City without reMody by -Issues of the conditions warranting default, the City shell subject lessee to appropriate legal action, including, but not limited too forfeiture of the lease. No improvements may be removed by lessee or other person during any time the leeeee Is in default. This provision ahall not be construed to prohibit the City from taking any appropriate legal action, including, but not limited to, forfeiture of the lease, immediatoly upon the occurrence of the default. (Orde 2589 4009 531) (City of Kenai Supp. 036 - 6/17/65) 21-9 Lr C V r1 'tir� r L ii 1� 21.15.090-21.15.100 21.15.090 Notice of Demand: (Orde 250, 400, 531, Repealed 1027) f 21.15.100 Finencin -Ri hie of Mortgagee or Lienholdar: �-y-. (a) For the purpose of interim or permanent financ ng at o refinancing from time to time of the improvements to be placed upon the leased promisee, and for no other purpose, a lessee, after giving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment or other appropriate instrument, the losses's interest in the leased premises and in G and to the lease, provided such encumbrance pertains only to such leseehold interest and does not pertain to or create any interest In the City's title to the leased promises. If ouch mortgage, deed of trust, or assignment shell be held by a bank or other established lending or financial institution (which terms shall Include an established insurance company and qualified pension or profit sharing trust) and ouch institution shall acquire the losses's interest in ouch lease as a result of a eels under aeid encumbrance pursuant to a foreclosure or other remedy of the secured party, or through any transfer in lieu of forecloeure, or through settlement of or arising out of any pending or j contemplated foreclosure action, such lending institution shall have the privilege of transferring its interest in such lease to a nominee or a wholly -owned subsidiary corporation with the prior consent of the City, provided, however, such transferee shell assume all of the covenants and conditions required to be performed by the lessee, whereupon ouch lending inatitution, or the nominee or wholly -owned subsidiary corporation to which it may have transferred ouch lseee, or any other lending Institution which may at any time acquire such lease, shell be relieved of any further liability under ouch lease from and after ouch transfer. ` (b) A leseehold mortgagee, beneficiary of a deed of trust, or security assignee, shall have and be subrogated to any and all rights of the l000ee with respect to the curing of any default j hereunder by lessee. . . (c) If the holder of any such mortgage, or the beneficiary of any suoh deed of trust, or the security assignee shall give the City 'before any default shell have occurred in the lease., a written notice containing the name and poet office address of ! such holder, the City shall thereafter give to ouch holder a copy of each notice of default by the lessee at the same time as any notice of default shall be given by the City to the lessee, and the City will not thereafter accept any surrender or enter into any modification of this lease without the prior written consent • !. , of the holder of any first mortgage, beneficial interest under a first dead of trust, or security 000ignee, in this lease. 21-10 (City of Kenai Supp. 036 - 6/17/05) C 0 21.15.100 (d) If, by reason of any default of the lesoee, either this lease or any extension thereof shall be terminated at the election of the City prior to the stated expiration therefor, the City will enter into a new lease with the leeeehold mortgagee for the remainder of the term, effective as of the date of ouch termination, at the rent and additional rent, and on the terms herein contained, subject to the following conditiono: (1) Such mortgagee, beneficiary or security seeignee, shell make written request to the City for such new lease within 20 days after the date of such termination and such written request shall be accompanied by a payment to the City of all eume then due to the City under the lease. (2) Such mortgagee, beneficiary, or security assignee, shall pay to the City, at the time of the execution and delivery of ouch new leaso, any and all eume due thereunder In addition to those which would at the time of the execution and delivery thereof be due under this lease but for such termination and in addition thereto, any reasonable expenses, including legal and attorneys' fees, to which the City shell have been subjected by reason of ouch default. (3) Such mortgageo, beneficiary, or security assignee shall, on or before the execution and delivery of ouch new lease, perform all the other conditions required to be performed by the leeeee to the extent that the lessee shall have failed to perform ouch conditions. (a) If a lending institution or its nominee or wholly -owned subsidiary corporation shell hold a mortgage, deed of Cruet, or similar security interest in and to this lease and shall thereafter acquire a leasehold estate, derived either from such instruments or from the City, and if ouch institution, nominee, or corporation shall desire to aeoign this lease or any new lease obtained from She City (other then to a nominee or to wholly -owned subsidiary corporation so permitted by the above provleione) to an assignee who will undertake to perform and observe the conditions in such lease required to be performed by the leeeee, the City shall not unreasonably withhold its consent to.such assignment and assumption, and any ouch lending institution, nominee, or subsidiary shall be relieved of any further liability under ouch lease from and after ouch assignment. If the proposed assignor shall assort that the City Is unreasonably withholding its consent to any ouch proposed assignment, ouch dispute shell be resolved by arbitration. (Ord& 258, 4000 531) (City of Kenai Supp. 036 - 6/17/85) A r :4. ' jf-1 G-7 Tirsto) Mederal GBan,k, gf ALASKA, an SponardOjJice • P.O. Box4.2200 AncAoraOa Alaska 00600 • ro070 274•ease July 14, 1986 Tim Rogers '�: -••► .. ' City Attorney ' H, City of Kenai ,3 210 Fidalgo Kenai, Alaska 99611 REs Lots 1,2,3,4, Block 5 COOK INLET INDUSTRIAL AIR PARK Dear Nr. Rogerss Per our conversation of last week, enclosed please find a copy of the first page of an appraisal of the above property. As you can see, the value as of December 18, 1985 was indicated at $760,000. As you know, we are requesting that the City of Kenai consent to the assignment of the lease on the referenced property from Inlet Industries, Inc. to Decor Industries, Inc. and an Assignment of Lease for Security Purposes. We believe that a consent of the City relative to these two transactions is in the boat interest of all parties involved because of the followings 1) When I checked with the State Department of Commerce, 563-2163, I learned that Inlet Industries, Inc. was no longer in good standing with the State. At the same time, their successor, Decor Industries, Inc. was in good standing with the State. 2) To the best of my knowledge and belief, there is only about $550,000 outstanding against this property compared to a $760#000 value. Accordingly, a waiver of the requirement of individual sureties would seem to be in order. 3) The eity's consenting to these two transactions would give this bank an opportunity to pay lease payments to the City should Decor industries, Inc. default. It would seem to me that the more institutions with the resources of this 19 I Tim Rogers July 14, 1986 Page Two bank that were interested in seeing to it that the City of Kenai receive their lease payments, the better. If further information is desired, please let me know. iSery Truly Your�;�_7 e Smit nior Vice President nclosure �F- rt Y. REAL ESTATE SERVICES COMPANY APPR WERS • COL NSELORS • HVVISTM1%T ANALYSTS 1E+4lest %orthot n light► Qoules aid • Anchorage. Alaska 99501019071274•: 636 January 130 1986 Garrett W.1Wldner M.A.1. President tranklm A7. King. it. ItecuNw %Ice president Kenneth le Gain M.A.1.. S.R.S.. C C.1.M. Secretary . Treasurer _ Mr. Roy Cassel 1040 West 27th Avenue Anchorage, AK 99503 RE: One Story Retail/Office Building Located at the Northeast Corner of Trading Bay Road and Beaver Loop Road, Kenai, AK RESCO FILE NO. 85-59 Dear Mr. Cassels As requested by your I have made an appraisal of the above - described property for the purpose of estimating the market value of the leasehold interest in the land together with the improvements located thereon. As a result of this appraisal, it is our opinion that the estimated Market Value of the subject property, as of December 18r 1985, is: SEVEN HUNDRED SIXTY THOUSAND DOLLARS ($760r000) Allocated as: Land Leasehold $ 78r750 Improvements 661 250 6 Total ,000 an juguivest company ii 01 i!� KBNAI CITY COUNCIL no. 3, 1902 Pago 7 yen, anyone larger has to go to another area. Motion passed with Councilman Wino voting no. s-3 Water i Sewer Rates Finance Director Drown explained he has increased the ratoo on water o newer by 101. Water b sewer systems will pay for themselves. MOTIONt Councilman Wino moved, seconded by Councilman Wagon re to have the water G newer rates published in lull in a local publication and a public hearing be hold at the next regular mooting. Councilman Koo explained we may be exempt by PUC, but PUC has to publish their rates. We have Been some recent announcomonte that are horrifying, this City ought not to be afraid to publish their rates. City Manager Brighton noted when the City got the loan to make additions to water o newer, they committed thomoolvoo to cover their expenses. President Pro TOM ore Maieton said that could be put in the publi- cation. Motion passed unoninwualy by roll call vote. 0. NEW BUSINESS 0-1 Bills to be Paid, Bills to be Ratifiod MOTIONt Councilman Wagoner moved, seconded by Councilman Measles, to approve the billings. Motion passed unanimously by roll call vote. 0-2 Requisitions Exceeding 01,000 MOTIONt Councilman Measles moved, seconded by Councilman Wagoner, to approve the requisitions. Motion panned by unanimous aonnont. 0-3 Ordinance 738-92 - Amending Ronal, Municipal Cods to Modify Requirements for Adding items to Agenda at Council Meetings Councilman Wine asked that Council defer action till Council is in full strength. Councilman Measles said he didn't see any problem with introduction. City Manager Brighton explained the original intent was to have majority rule instead of unanimous con- sent. The Attorney, with request of the Clark, asked for the amendment as distributed this date (2-5-02) to amend the Mayor to City Managor. MOTIONt Councilman Meanies moved, seconded by Councilman Mueller, to introduce the substitute ordinance. i % r- --.. - _.. G . P CITY OF KENAI "Od Gap" 0J 4"0,0 910HUMO UNA1,AMIM 0011 Ts"N"111S."311 MEMORANDUM TOs Mayor Tom Wagoner and the Kenai City Council onager Q0 FROM: Randy Ernety Airport M Freight Handling REi Terminal/Over-the-Counter Upon further research into Council policy regarding lease apace for over-the-counter freight in the terminal building, the City Clark found the minutes of the City Council meeting of February so 1982 which adopted guidelines as recommended by then Airport Manager, Jim Swelleyt In his memorandum of January 29, 1982. tt (Minutes and guidelines attached.) The approved guidelines would the terminal building for such companies as not preclude use of Federal Express as long as they complied with the guidelines. These guidelines, for whatever reason, were not added so an (I will amendment to the leaeoe as suggested by Mr. SwalleY have them added to future losses and send amendments to the current lease holders.) recommend the City Council approve the request for terminal apace by Federal Express with the followinq atipulationes 1. Guidelines for over-the-counter handling of freight be added to the lease agreement. Zo They will, at their okponeet build a receiving counter of like quality and size 00 is being used by the eirlineet and the final plane approved by the'Adminietration. 3* The term of the lease be for 2 years with the option of a one year extension as requeoted by Federal Express. Attached 19 a copy of the new loaaet Incorporating these changes, to be sent to Federal Exprooe for their signatures. t took the liberty to call the Federal Aviation Administration to see if they had any objection to this type of businessin the 17, terminal, They, Mr, Perham and Mr. Smith of the Airports Planning Branch, could Doe no problem with giving a lease to Federal Express. tp also have put a call into Federal Expreesq to update them on those atipulationap but have not heard back from them at the time of this memo. Attachments RE/kh I CITY OF KENAI "Od Capd d 4 4"" n P. 0.11011 110 KENAI. AUSKA NII I TIU/N0N1 285 • 7635 . January 29, 2982 MEMORANDUM TO: Mayor Vince O'Reilly and Kenai City Council FROM: Jim Swalley, Airport Manager RE: Terminal Over.The Counter Freight Handling in view of the proposed terminal renovation/expansion eliminating freight facilities within the terminal building, I have contacted several agencies concerning guidelines for over the counter handling of freight. The following data is submitted for comparison: D..g. postal S rvics3 Part 1 Pgntl: Not over 70 pounds and 100 inches (length plus girth). Ifigtj Ex j2gditod Small Paeka9U sery j=: Not over 50 pounds and 90 inches, 48 inches maximum any one side. SouthQntrai Air: 70 pounds maximum and packages 3011x1811x3611. Based on the above I would recommend the Post Office system of 70 pounds and 100 inches length and girth. This would in no way preclude any airline.from dealing in bulk freight on the airport, but they would have to procure facilities tot bulk freight and handling equipment somewhere other than the terminal building. I have discussea the above with the four airlines now serving Kenai ana receiveci no objections. JS/ac 0 01 W 1 " s 4 F XCHAI CITY COUNCIL no. Be 1982 page 6 MOTIONS Councilman wagoner moved, seconded by Councilman Measles, to eliminate alternate #1 and the stack area and to -work the back area. Librarian DeForeat explained in order to maintain uniformity of areas, they should not cross over areas. With the stack area where it in, the attendants could could supervise the stack area. They had hoped to have computer areas put in, with the changes they will not be able to be used. The reading room is not being used just for a reading room only. Council- man Wagoner suggested we should compare to what the size would be. There are other methods to achieve what they want. Librarian Dororsot said much of the equipment we would not expsot to purchase with City funds. City Manager Brighton asked, what it they don't got the funds? Librarian DoPorest replied they will have an empty table. Councilman Wine noted they will have 0-fold the table and seating capacity in the now reading room. Librarian DoPorest explained by the time they move the record otorago area, etc. there will not be that much room. Wo should have ea seats for this rise community. Councilmen Mueller asked, what percentage of the present seating is being used now? Librarian Deporeat replied in winter - 1/2, in oummor, they are on the floor. Councilman Wiso asked if they could have the conceptual use before acting on thlo. Librarian DOFAreet replied yes. Councilman Wagoner said he has a problem with the movie and craft area. We have spent 045#000 for a 91 per year rental to a group that will do arts • crafto. The reading room could be chinged to a movie area. Librarian DeForeet explaned that is why it was an added alternate. Councilman wino said some of those things are being done In the Arts Center. No would like to sae a comprehensive plan developed that would develop the library, Pt. Money, eonior Citizens Center, Arta Center. Additional storage and stacks are a must, but if we proceed the way we are going, we are going to have more facilities than we have people. Council agreed that Adminiatration integrate the library, Senior Citizens Contort otc. to come up with a.a vvorviow of how the facilitieo will overlap. Councilman Wagoner suggested Mr. Ointoli will not be able to help without money. City Manager Briitton said he had a pretty good idea of what we have now. Mr. 0intoli said he would work with City Manager Brighton as a City present. F-1 Carmen 0into!! - Airport Schematics (contd) MOTIONS Councilman Wagoner moved, seconded by Councilman Measles, to adopt the guidelines as presented by Airport Manager Swalley regarding over the counter freight handling in the terminal. Airport Manager Owalley explained under the current situation, all leases expire June 10. 1989, with the exception of the bar & restaurant and FAA. He is working for recommendations that will help as in future problems such as last summer. He added policies such as these go in es addendums an the losses. resident Pro Tampere Ralston asked, will the carriers still i able to handle small packages? Mr. $valley replied In 7_- i is -E_ 5 • 4 , � ' E s ii `i- ewe soon$ 01V And14Y CRY OF UNa 0.:0 WA 1e . wAS A wrll WHO LEASE of AIRPORT FACILITIES THIS AGREEMENT, entered into thio day of , 1906, by end between the C1TY Of KENAI.—My Hell, ' ridoigo Street, Kenai, Alooka 99611, a home -ruled municipal corporation of Alooko, hereinafter called "City", and FEDERAL EXPRESS, INC.. 0950 Cal center Drive, Suite 370, Sacramento, CA 93826, hereinafter called "L00000". That the City, in eonoiderotion of the paymento of the Ponta and performance of all the covenonto herein contained by the L0000e, d000 hereby demfoo and l0000 to the Lssoso the following described property in the Kenai Recording Diotriet, State of Alookol to wits Office epoce and boggogo build-up Groat first floor, Kenai Municipal Airport Building, Kenai Recording Diotriet, no pr000ntly oeeupiod A. PURPOSEo The purp000 for which the Leooe is iosued let Office apace and baggage build-up area 8. TERMi The term of thin Lease le for 2 yeorst commoncinq —on the tot day of July, 1986, to the 30th day of June, 1988 with tho option of a 1 year oxtenoton. C. RENTAL PAYMENTi The rental opecified herein shell be payable o0 Followol 1. Right of entry and occupancy is authorized as of the 13th day of July, 1906. 2. Rental for the period July 14, 1906 through June 30, 1988 oholl be computed of $1.B3 per squore toot per month for 438 oquore feet of terminal space, plus 15% of the above rentals no s baggage room and equipment use fee, for a total annual toe of S9,973.32 pluo applicable sales tax. If the annual rent exceeds $2,400, than the Lessee may opt at the time of the execution hereof or at the beginning of each now Leone yoor to pay rent in equal monthly Installments, payablo in advance on or before the first day of July and on or before the firot of each month thereafter. 3. In addition to the rents specified above, the Lessee agreoo to pay to the appropriate parties all levies, 000000mentot and charges ns hereinafter provided► (a) $oleo tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (b) interest at the rate of eight percent (ON) per ennum and ton peasant (101) panaltion of an amount of money owed under this Lease which is not paid on or before the dote It becomes due. LCA-1 LEBOOR i LESSEE'► .._....�._... fUt U Cq ao0llla CtN AftOlxtr CRY OF KINAI . 0020 WIM, AIAWA 0611 mu" L 11 t- W=+ p. GENERAL COVENANI 1. USES, Except as provided herein, any regular uae f lends or fooilTElee without the written consent of the City is cohibitod. This prohibition shell not apply to use o/ aree0 eoigneted by the City for specified public uaas, such o0 ae0ongor terminolo, nu*omoblle Hooking areas, and otresta. p. USES NOT CONTEMPLATED PROHIBITED$ Solicitation of lonotlono or th, j—promptUon of opore on or any port or kind or iu0lnoee or Commercial enterprioove e, other than as opoolflcolly set eorth itt noconoontpof�the City bis prohairibitodort weda� without the 3. ASSIGNMENT OR SUBLETTINOt Leooee with City'O notlue prior written 00000nle Of in port, 1!e clghto eenleooeeabhereunder. ldeniedmay Any 000ignoe of poet or all of the loosed promisee shell 000ume the dutloo and obligatione of the Leooee oo to such port or oil of the l0000d PC a. No ouch oeefaanment, however, will diochargo Loonee from its dutloo and obligotione hereunder. q. COSTS AND EXPENSESt Coate and oxpeneee incident to thio lonoo, no u ng but -not but—notlimited to, recordinq costs aholl be paid oy 1.0000e. S. TREATMENT OF DEMISE$ The Losses agrees to keep the pcomiaeo oloon on n goo or er at its own expenoe, ollowinq no demogo, "onto, not destruction thereof, not romovin4 any materiel thecofcom, without written permiaefon of the Citrr. At the expiration of the term fixed, or any sooner dsteemination of the L0000, the L0000e will Po as and quietly quit and aurrondor the promisee to the City- 6, PAYMENT OF Chooko, bank CitydoffKenairnpostal money ocdoro oho o me o p yyoblato eh delivered to the City Adminiot ration Building, Kenai, Alaska. 7. CONSTRUCTION APPROVAL AND STANDARDS$ Building conotruotfon oho o nos on pesee,, o eon ccmpotlble with f!o us and oucroundingo. The Coot of any additional improvements to the to space shell be at the leooee'e expense. O. DEFAULT RIGHT OF ENTRYI Should default be made in the payment of any poeflon o o cent or face when due, Or in any of the covenonto or oonditionu Contained in the Lease Of in any regulations now or hecoinoftor in force, then in such even! the City shall byy written not give Leooee thirty (30) days to ours ouch defoult or defaults, oftet whioroenlereanditake !e not oueed, the City may terminate the Lease, cooseeelon of the premises, and remove all persona therefrom. 9. LEASE UTILIIATION1 Leased space shall be utilized fae pucpooeo wiii'i n to scope o the application (made a pert of this LoOae and ottoohad hereto) the terms of the Leese, and 1n act subatontiolwoenformity with Cthe eompcehenoo of the eivodplo1 J LCA-2 LESSi LESS f�l I, 0 TIM ROGIRS Clri 01 KlNAI 04 oSON wo AIAYA 91611 MISS IN Dr rlolotionpofntheoLe seeandhen the subjectathewed L easees shall to cancellation te at a at omp ny time. 10. CONDITION OF PREM1SE51 the Promleoe demised herein are unlrovo on oro seas on on 'oo is, whore !o" book. 11. OFFER TO LEASE. ACCEPTANCEI The offer to le000 is made oubjoct t ton own an requlatlona of Cityand may be withdrawn without notice at any time nftor thirty (301 doyn from oubmianion thereof, unloso within ouch thirty (30) days the Leoaee oxocutoo and roturno the lenoo to the City. 12. UNDERLYING 1ITLE1 The lntorooto transferred, or conveyed by thla o00o ace au act to any and all of the covenonto, forma, or conditions contained in the instruments conveying title or other intereota to the City. 13. R1GMT DF INSPECTIONI City shall have the right at all re000nablo moo o an a thF promloos, or any port thereof, for the purpoosa of inapection. 14. INDEMNIFICATION AND INSURANCEI Lesooe covenants to nave the City arm ed6 from all actiono, suites, liabilities, or domageo reoultlnq frow. or, oriainq out of any oats of commiooion or omioaion by the leaoeo, his agents, employees, euotomero, invitees, or orlolnI from of out of the Leeaee's genntod,cand toupayoallhCanto connected therewithlvilegee Loseoo, at the expense of Leases, ehallkeep in forCG during the term of thla agreement, lneurOnoe Issuedy rooponnible inourance compenlee nuthorixed to do business in Alanka, in forme, kindo and amounts as determined and directed by the City for the protection of City and/or Lessee. insurance requirement hereunder ehall be subject to the sole determination of the City. Sold insurance may include, but need not be limited to insurance coverages commonly known os, or similar in kind to, Public liability, produeto liability, property damage, Carlo, oircroft, Piro, workmon'o compensation, comprehensive, bu! dace risk, and ouch other insurance coverage as deemed required in the oole determination of the City. All policies or endorsements thereto ewhere toin in all possible canname walvee of Additional Named lnourod thereunder and shall subrogation ogoinot the City. Up.qs approval by Cityy of all insurance required, in the forma, kindo and amounto directed to be procured, Lessee shall deliver all pe,licy originala or duplleete originals and ondoroements thereto to the City for lncorporstion within this agreement as attos:llment thereto. 11, ony event, Lessee is not to commence to exorcise any of the rights and privileges granted under this and requiredtobent until furnisheduch time a@ by Lessee is in affect. LCA-3 LESSONI� LESSEEt --„w -4i M i �e ON Afl*h4V Im ROGERS dry OF NINAI r o lows awu, AAM40111 �w Leases expressly understands and agree e that any insurance protection furnished by Leaeee hereunder shell in no gay limit its responsibility to lndnffintfy and save ts:mleee .essor under the provisions of this agreement. No policy of insurance shall be cancelled or emended Mith seeppsot to the City without thirty (30) days written notice by registered or certified mail to City by the insurance company. Until otherwise directed in writing by the City Manager Leaee@ shell provide certificates of insurance within thirty 130) days of the data hereof so follOwnl Comprehensive General Liability Combined Single Limit (Bodily Injury and Property Oomogo) : 1,000,000 Workmen's Compensation - Stnlutory limits Automobile Liability Combined Single Limit (Bodily Injur 1,000,000 and Property Damage) Aircraft Liability Public liability and property damage (combined with ainqla limit) with no oub-limit for passenger liability $10,000,000 Notwithstanding anything to the oontrory if Leeeeo fells or neglects to eocuee required insurance or If sold policy or policies are terminated, alt@cod, or changed in any manner not acceptable to the City, then and in that event this Joao@ may be cancelled and terminated, without penalty, on five (5) days written prior notice to Losses. 1�. COLLECTION ON UNPAID NONIESS Any of all rental charges, fees, or o er acne ore on which ere due and unpaid at the exppiration of voluntary or involuntary termination or cancellation of this Leaee eholl be a chorge against the Lessee and Losses's property, reel or personal, and the City shall hove such lien rights ae are allowedby low and enforcement by dietroint may be made by the City or its authorized agent. 16, LEASE. SUBORDINATE 10 FINANCING RE UIREMENTSI Leeeeo agrees that city may ao y e eeee o mee Mined requirements for Federal or State geante, or to conform to the eecc{{ulvementa of any revenue E6nd covenant. However, the modification nholl not act to reduce the rights or privileges granted the Leases by this Leaee, not act to cause the Leaeee financial lone. 17, SURRENDER 0yy __;T[PNJNATU a Loeser shell, on the last day of the ero o Ef►Te ease or upon any earlier ter- mination of this Leaee, surrender and deliver upon the promisee Into the poeseeeion end use of City without fraud ar delay in lost ardor, condition, and repair, except for 1.eoeonoble weer and leer since the lest nacessee repair, replacement, restoration or renewal free and clear of ell letlinge and occupancies unless expreeeiy permitted by the City in welting, and free and class of all liana and encumbeaneee other then those created by and for loans to City. Upon the and of the term of this Less@ or any LCA•4 LESSOR i LESSEES v O / IrI , ! t; 1 • .j h 4, ,i i i „ TIM ao01M Ciri OWF KINAI r o w.,n teW. MMMM811 03-YO i 1@rlier termination thereof title to the buildings, improvements Ind building equipment shell automatically vest in City without requirement of any dead, conveyance, or bill of eole thereon. towevat, if City should require any ouch document in confirmation neroof, Losses shall execute, Ocknowledge, and deliver the oeme and shell pay any charge, tax, and foe 0000etod or imposed by any and all governmental units in connoction herewith. 1a. RULESI Lonnoo aholl oboorvo, obey, and comply with all opplienblo rules, etc., of the State or Federal governments. 19. AIRCRAFT OPERATIONS PROTECTED@ (a) There is hereby r000rved to the City, its successors and oosigns, for the uoe and benefit of the publl0, 0 right of flight for the passage of aircraft In the Oiropece above the outface and all improvemonto approved by tha City of the promises herein conveyed, together with the right to cause in said oiropece ouch noloo 0o may be Inherent in the aporotion Of eircroft, now or, hereafter uned for navigation of or flight in the air, using said airopoco for landing at, taking off from, or operatlnq on the Kenai Airport. 20. RIGHT 10 ENJOYHENT AND PEACEABLE POSSESSION/ City hereby agrees an covonen s e o ODsoO, upon paying cent one porfocming other covonanto, tormo, and conditions of this LO@se, shall have the right to quietly and peacefully hold, ties, oaoupy and enjoy the said loosed premises, except that any inconwenieno caused by public wocko projects in or about the leeoehold premisoo shall not be construed no a denial of the right of quiet or peaceable possession. 21. LESSEE TO PAY TAKESI Lessee shall pay all lawful taxes and oe0000mon o which, uc ng the term hereof may become a lien upon or phi^`.. n,n. levied by the State, Boraugh, City, or any other tax lOvyinq body. upon any taxable possessory right which Lon000 may have In or to the ptopotty by reason of its use or 00cupancy or the torma of this 10000, provided however, that nothing heroin contained shall prevent Lessee from contesting any Increase in ouch tax of OsOeesment through procedures outlined in State statutoo. 22. SPECIAL SERVICESI Lessee @green to pay City a ce000nable char90 or ny special services or feellitias required by Losses in writing, which services or facilities are not provided for heroin. 23. NO PARTNERSHIP OR JOINT VENTURE CRLA OoTFDI It la expressly undaea e e y e e no a anna rued or held to be a partner or joint venturer of Lessee in the conduct of business on the demised premised and it le expceeely understood and agreed that the relationship between the parties hereto in, and shall at all times remain landlord and tenant. 24. DEFAULT BANKRUPTCY ETC.1 if the Lessee shall make any oaeignmen or a one o creditors or shall be adjudged a bankrupt, Of if a receiver is appointed for the Lessee or Lessee's asset@, or Orly intetoOt under this Leese and if the appointment of the receiver is not vacated within thirty (30) LCA4 C LE880R 1 11 LESSEEI n . i W_tl , � sy, Tin a0als6 uw xMMnaH/w'11 M -{NA1 0eaiwo ktNMAMA MIIO MY0 r days, or if a voluntary petition id filed under Section 10(s) of the 0onkruptcy Act by the Lessee, then and in any ovent, the City ney, upon giving the Lessee thirty (30) days' notice, terminate thin lance. 25. NONDISCRININATIONs The Losses, for himself, hie hairo, poroonal ropr000nio veo, ouccosooro in intoreot, and 000igna, ao a part of the coneidorntion hereof, does hereby covenant and agree on a covenant running with the land, thats (a) No poroon on the grounda of race, color, or national origin oholl be excluded from participation in, denied the bonefito of, or be otherwine subjected to diacriminotion in the uoo of ooid focilitisal (b) In the conotruction of any improvements on, aver, or under ouch land and the furnishing of oervicoe thereon, no poroon on the grounda of race, color, or national origin shall be excluded from perlicipotion, dented the benofito of, or othorwioo be subjected to dincriminotioni (a) the L000co oholl use the promiseo in compliance with all other roquiromento imposed by or pursuant to Title 49, Code of Federal Requlntiono, Deportment of Tranoportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-oeeioted Progromn of the Deportment of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and no acid Regulations may be amended) (d) In the event facilities are constructed, maintained or otherwise operated on the said property doo0rIbed 6this Leann, for a purpone involving the provision of aimilor scr•::seo or bonefite, the Lessee shall maintain and operate ouch facilities and oerviceo in compliance with all other requirements imposed Purounant to Title 49, Code of Federal Regulntlono Department of Tronop0rtation, Subtitle A, Office o� the Secretary, Port 21, Nondiscrimination in Federolly-000loted Progrome of the Department of Transportation - Effectuation of Title V1 of the Civil Righto Act of 1964, and oe said Regulations may be amended. 26. PARTIAL INVAI.I01T1e if any term, provision, condition, or per o 0 oaos to declared by o court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provfolons, conditiono, or parts shell continue in full force and effect os though such declaration vise not made. 27. ODIFIIL__—_CATIONS No laser may be modified orally or in aner sn by on agreement in writing, signed by y manner oall portion In interest or their suocessore in interest. Any such modification shall require Council approval. 20. MARRANTYs The City does not warrant that the propperty which e e subject of this Leese to suited for the use euthortrod horein, and no guarantee in given or implied that it eholl be profitable or oultoble to employ the property to such luea. LCA-6 LESSORe LESSEN .. i d L - 29. COMPLIANCE WITH LANSt lessee sholl comply with t applicable awe, oe nanceo, and regulations of public thorilles now or hereafter in any manner affecting the leaned smisee or the sidewalks, alleys, attests, and ways adjacent state or any buildings, structures, fixtures and improvements the use thereof, whether or not any ouch Iswe, otdinenceo, and pulstione which may be hereafter enacted involve a change of !icy on the part of the governmental body enacting the some. !sea agrees to hold City finsncinlly hermlense (a) From the consequences of any violation of ouch Iowa, ordinances, and/or regulotionsi and (b) From all claims for damages on arenunt nt inJurieo, dooth, or property damage resulting from ouch violation. (a) Leoeoo further ogroeo it will not permit any unlawful occupotion, buoinose, or trade to be conducted on said promisee or any use to be made thereof contrary to any low, orainance, or regulation as aforesaid with respect thereto, including Boning ordinances, rules, and regulations. 10. CARE OF PREMISESo L600089 at its own coot and iponoo, oholl keep a eons promieco, all improvements which any time during the term of thin Lease may be situated weroon, and any and all appurtenances thereunto belongii,y, in )od condition and repair during the entire term of this Lease. 11. LESSE'SEOBLIGATION TO REMOVE LIENSe Lessee will` Y' )t permit any one na u Inge u no m e o, meohanice', sbovera', or materialmen'o lions obtainable or eveilsble under is then oxioting Iowa, to stand ogoinet the lensed ppremiere oe oprovemente for any labor or material furnished to Leesee or tnimed to hove been furnished to Lessee or to the Lessee's gents, contractors, or sublessors, in connection with work of ny character performed or claimed to have been performed on sold remieee or improvements by or at the direction or sufferance of oesco, provided, however, Lessee oholl have the right to provide bond as contemplated by Alaska law and contest the validity or mount of any such lien or claimed lien. On final determination f such lien or such claim for lien, Lessee will immediately pay ny jjudgement rendered with all proper costs and charges and he have ouch lien released or Judgement satisfied at Leseee'e wn expense. 32, CONOEMNATIONi In the event the leased promisee or ny pert theroo e o e condemned and taken for a public or a juaei-public use, then upon paymentroofnannl�isword or compensation arising from ouch condemnation, t b he proceeds, such abatement in cent payable during the term or m y extension of the term hereof, and such other adjustments as ,he parties may agree upon as being Just and equitable under all ,he circumstances. If the City and Lessee art unable to agree rithin thirty (10) days after such an sward has been paid Into ;ourt, upon what division, annual abatement in ten! and other idJuntments are Just and equitable, the dispute shall be ,atermined by arbitration provided in Item 11 hereof. LCA-7 LESSORt LESSEEt J n I -.,j .... _._ i .1 d i, Y � 1. 1& 33. SURRENDER# At the expiration of the term fixed or any sooner terminet on of the Lease, the Loose@ will peaceably and quietly quit and surrender the promises to the City. 34. PROTECTION Of SUBTENANTS# To protect the position of any oubtenon s) herearter properly obtaining any interacts in the l0000hold oototo granted Lssoeo he, City ogreen that In the event of the cancellation, termination, expiration, or ourrondor of thin Loonn (the ground l0000), the City will accept the Subtonont, it oucc0000rn and aoaigno. an Ito l00000 for a period equal to the full unelepeed portion of the term of the oubl0000, including any oxtonoloaa or ronowalo theroof, not exceedlnq the term of thin Loons, upon the name covenonto and condltiene therein contained, to the extent that Bald covenanto and conditiono ere not inconnlatent with any of the tormo and conditiono of this Lencc, provided ouch oubtonont oholl make full and complete ottornmont to the City for the balance of the term of ouch oubl0000 no on to ootabllah direct privity of estate and contract between the City and the oubtonont with the name force and affect an though ouch oubl0000 woo originally mode directly between the City and ouch oubtonont{ and further provided ouch oubtonont agroon to comply with all the provioiona of the ground loose Pro all the tormo of any mortgage, dead of truot, or oocurity cooignment to which ouch l0000hold octets in oubject, except the payment of rent under the ground loose and the payment of any debt oorvlce under any ouch mortgage, deed of trust, or necurity oonignment. 35. SUCCESSORS IN INTrREST# Thin Leone shall be binding upon and o6oll inure—To—TH-o—Tonefit of the reopectivo oucconoorn and assigns of the pnrtieo hereto, subject to such specific limitations on assignment no ore provided for herein. 36. GOVERNING LANs This indenture of Leese shall be governed In oll reopoc o by the Iowa of the State of Alaska. 37. NOTICESt (a) Any noticed required by this Leese shell be in writing and aholl be doomed to be duly given only if delivered poroonally or mailed by certified or reglotored mall In a prepaid envelope addressed to the portion at the addr000 not forth in the opening paragraph of thin loose unless such address has been changed pursuont to oub-paragraph (b) hereafter, and In that coon aholl to the most recent address so changed. Any notice no mallod oholl be doomed delivered on the date it to depoolted in a U.S. general or branch poet office. The City aholl aloo moil o copy of any notice given to the Lanese, by registered or certified mall, to ray l0000hold loader (mortgo7oe, benefiolary of a deed of trust, necurity 000lgnoowho shell have given the City notice of ouch mortgage. deed of trust, or Security noolgnment. (b) Any ouch oddre0000 may be changed by an appropriate notice in writinq to ell other portion affected provided ouch change of address is given to LCA-8 LE LESSOR t LESSEEt ,,_ TIM ROOM MY AnaMr city OF KINAI ►oson w t'Z. AtAUA will 1 ssnr the other parties by the manna outlined in paragraph (a) above at least fifteen (13) days prior to the giving of the particular notice In issue. 30. ENTRV AND RE-ENTRVI In the event that the Lease should be terminated as hereinborore provided, or by oummaryy proceedings or otherwise, or in the event that the domioad lsndo or any port thereof should be abandoned by the Leaoee durinq ooid term, the Looser or its ogonto, oorvsnta, or repronontativon may, immediately or any time thereafter, re-enter, and rosume p000000ion of said lands or ouch port thereof, and remove all persons and property therefrom, either by summary procoodingo or by o ouitable action or proceeding at low without boinq liable for any domageo therefor. No re-ontry by the Leaner aholl be doemod an acceptance of a ourrender of the Leone. 39. RETENTION OF RENTALi In the event that the Leone should be terminated ecoueo 0 ony breach by the Losses no heroin provided, the rental payment loot made by the L0000e shall be retained by the Loaner on partial or total liquidated damages for nald brooch. 40. WRITTEN WAIVERI The receipt of rent by the L0000r with knowledge of any rone of the Leone by the Lessee, or any default on the port of the L000ee in oboervence or performance of any of the conditiono or covenants of the Lease, shell not be doomed to be a waiver of any provisions of the Lanes. No failure on the port of the Looser to enforce any convenent or provision therein contained, nor any waiver of any right thereunder by thee, Leaner, unleoo in writing, shall discharge or invalidate such covenanto or proviniono, or affect the right of the Lessor to enforce the oome in the event of any oubooquent breech or default. The receipt, by the Loaner, of any rent or an q other sum of money after the termination, In any manner, of the term therein domioad, or after the giving by the Leeeor of an notice thereunder to affect ouch termination, shall not reinstake, continuo, or extend the resultant term therein demised, or deotroy, or in any manner impair the efficacy of any such notice of termination an may have been given thereunder by the Lesser cc the Lessen prior to the roceipt of any ouch sum of money or other conoiderotion, unison no ngroed to in writing and signed by the Loaner. 41. EXPIRATION O-f �EA%Et Unless the Leese is renewed or noonor terminate no pray a orein, the Leeeee shall peaceably and quietly leave, surrender, and yield up unto the Loaner all -if the loaned land on or before the last day of the term of the Jones. 42. FIRE PROTECTIONI The Lenses will take all resoonable precautions to prevent, and take all necessary motion to oupreoo destructive or uncontrolled fires and comply with all Iowa, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 43. MUTUAL CANCELLATIONt Lessee in good standing may be cancelled in whole' or In port t any time upon mutual written agreement by Leanne and the City Council. LCA-9 LESOORt ,+ LE88EEt� i WE x j 7.swT Lr __ •=ors._7. .._ n _ v N TIM aeOIKS GtrAxO1Mr C IV OI KINM roaaO Meta, iuvuwu1 ta►m • 'If 1\ �S O a3� F 11. UN4AWFUL U$E PROHIO_ITE�1Lessee shall not allow the leasehold peon sea a e use.oe an unlawful purpose. 4S. APPROVAL 9E OTHER AUTHORITIEBs The issuance by the City of leaess oes no ee eve a eases of responsibility of obtaining licensee oe permlto as may be required by duly authorized Borough, Stater or federal agencies. 46. IMPROVEMENTSr Losses shell, at It's own expense, construct countore end'ot►er improvements in o menner and to a degree oimilor to those of oxintinq air carriers occupying macs in the Kenai Municipal Airport. Prior to construction of any improvements, plane shell be submittod and written approval feom the Airport Manager shell be obtained. Sufficioney of plono, materials, construction or any othor focot of any improvement shall be left to the sole discretion and judgement of the City Manager. Guidelines for over the counter hendlinq of froighte (a) Not over 70 pounds end 100 inches (length plus girth), (b) for larger oiroo, the losses must procure facilities for bulk froight and hendlinq equipment somewhere other than the Terminal Building. IN WITNESS WHEREOF, the parties hereto have herounto set their hando, the day and year ototed in the individual acknowlodgmente below. LESSORi CITY Of KENAI Byr om J. Brighton City Manager LESSEE FEDERAL EXPRESS, INC. Byr Vitio (If Looses is a Corporation) ATTESIs A ame— lyine LCA-10 fkI . C� i � ' -•fir-:.' _ a -r o VU A i u TIM ROOIRS CM A"Ondy CITY O/ KINM roloam MAI. AIAUA MI I al 15" STATE OF ALASKA THIRD JUDICIAL DISTRICT See THIS IS TO CERTIFY that on this day of -, 1965, Names , Tit el , of FEDERAL EKpR Sr ., a n0 personally known to me or fieving produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of sold corporation. Notary Public for Alaska My Commiosion Expireal STATE OF ALASKA )ee THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1985, WILLIAM J. BRIGHTON, City Menogee o/ the City of Renal, Alaska, being personally known to me or having produced satisfactory evidonco 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# Approved an to I0000 form by City Attorney (Initials) Approved by Finance Director (Initials? Approved by City Manager rn�Tr LEASE APPROVED by City Council thin _ day of , 1986. city clerg LCA-11 LESSORo LESSEE CITY OF KENAI "Od Cap" 4 4"00 NO 111MU t) KENAI, AMEKA ENtt TELE'MONIl t'af - �a MEMORANDUM Tot Kenai City Couuncil FROMt Janet Loper, Planning Specialist SUBJECT: Vacation of Anchor Easement - Lot 16, Blk 49 Kenai Peninsula Estates Part Z DATES July 11, 1906 Action Requesteds r } Vacate anchor easement and replace with a 5' utility easement Petitioner/Owners Tommy & Catherine Meseer Locations North of Send Dollar Drive (legal described above) Current Uses None - well exists within the anchor easement STAFF COMMENTSI Anchor eseemente were created in Kenai Peninsula Estates, however, none were used as all utilities are underground. The Borough Planning Staff hoe indicated no problem with the proposed vacation and are in receipt of a letter from Homer Electric and Enstar indicating no objection to either the vacation or the replacement of a 5' utility easement. The vacation will further allow the petitioner finanoiai relief in the sale of this lot. 89COMMENDATIQNs_ The Planning Commiesion recommends a statement of non -objection to the Kenai Peninsula Borough. 81 i G IN _.E o -47 -1 C 27 d PRNINBULA CLARION 9 1l PRNINSULA BORWOR PLUMING COMISBION PUBLIC Bunn Public notice is hereby given that the following petition has boon received to vacate a portion of a utility easement. Area under consideration is described as follows 1. 13WAftaf, a s Anchor easement proposed to be vacated lies on the south boundaryy of Lot 16. Block 4. Kenai Peninsula Estates Part Two. Plat i78-137. Said lot is north of Sand Dollar Drive situated in Section 17. T5N• RllW. S.N. City of Kenai. 2. RRanRts To remove an encroachment of a well. Anchor easement will be replace by a five (5) foot utility easement. 3. AnUants Tommy and Catherine Messer Kenai. Alaska , Public hearing on this petition will be held by the Kenai Peninsula Borough Planning Commission at the scbeduled meeting of July 7v 1966. The meeting# to be held in the Horner Council Chambers in the Romer City Hall. Homers Alaska and will start at 700 P.M. Anyone wishing to present testimony concerning this petition should do so at this public hearing or submit written statement to the Kenai Peninsula Borough Planning Department• P.O. Box 850• Soldotna• Alaska 99669. For additional informationr please contact Jane Gabler• Resource Planning Department• 262-4441► or Zenith 4441. Kevin Fenner Planning Department PUBLISH 2X (June 23 and 30. 1986) R TO V L J lass • a100 non•r•tundabl• fee Co help d•tray oast• of adwre!•inp psbiiq 140sring. fiat Tess are in addition to vacation leas. _ t�l fsblis right•ol•vay dedicated by 1 go ae o' ShcbTi'ianT— 7A7 E- (� Utility egessenes grar.ad by ) tiled in s,/� O '�7tiLr7T Records g • a f Ld'F' /(of B I K 4 tom; beeeane for public road or ) as set out in rlphC•ot•vay ) --mccuMs"91/ • ��� eanreao'—' eaia in T � t_1 gaot for utilities j Rook_dial 0lr _.... Page �1UN 1^�S t�l lattice title saseeant tZt 9 oopiaa of plat or Cup shaving proposed vacation. it righ ova• or essasstlt veto granted by doaueent. subsit copy of doousen J, was right -of -Way been full or partially construotod! U yes or t_l tLtLOti�r� to utility assonant being mood by utility caepenyt t_1 yes or 40 no tt so, vhich utility coepany. . r Petition to be signed by aware of saJority of the front last of land frontlnnss pore of •treed section lifts esomats or assonant sought to be vacetad. gach lust include exiling address a d legal deacripti n of his property. lubsitted bye Rase % V Address / l �,.. 01S,rA a j-�34y R Petitioners co Vooationl e S SC P .. e f 1 n m Ness Address Address KenRL,Ar,9qutL Owner oft owner of (446MV99CIS Of PVOPGVCYP Nana 04" Address Address Omar of owner of ",WON tlJ! AG ij- ilia ff G3 ram 13 INS '-' � :. _... -- . •� o I � 4 .quo � 14 GE —A AM Ag A& 1 0 A A& A Sol Rival; BLOCK 4 of • LOT 1" KENAI PENINSULA EST. S/D PART Portion of utility easement proposed to be vacated. it Cm 448m OR LJ 1 L Iti 1 i 8 ' tr3.f�8 I �, Its• eLEl`i ESR,1.J • • •�i+A, LL r �.�� •• i.l .i.Tl �•.i w•.'iwi • 7 � 1 1 •, 1 �.s=.IVr. rg 1. s 1�i.1i,.t E•r':. • L i um •iill••r.9 61 �S•Ir'�•) w� i r 0 ' :: M It.. ,�Ig ra rn�`S A 1 l :s r4 � 1 gTo4'� • o� N� 3.O1 � �L9 • r q �' f ' b d7lOF 44 �Sr • �.,' '.' �4SIli o t•V Re • % ••4% as off • /• • • 5 E :C c. C Joe�et 11. Y.Sison %, 00 of 6 ON'•'CTt18;'.&%% ' 1 aS� y o� �Ar•tD poLLA ►, r ..•.rr � rrw rr.��i , A`z U IL.T • • .• •�r.rrw.wr.w���.rr�.�r.r� 1 •��� TED FORSI & ASSOCIATES, INC. Lri 1L SLK ,41 KEN!► 1 t:'IEAST 7th QOX 2410 PF.R%rASUL(A ESTATHIL03 ,.V g rJ t ,. - - - --- . �•� � :_� . � �� '• ` y �} �.... _ �`=i% 7 .� - - �� — _. f - --. ti f - a. �, �. -, _ -jV _ � W tD � p W ., �a V �RJ Q! • t' � � � a aA � � t�FL' � VJ Ip ., . rww � - �iih � - � � __. YYI �c�^ F,� - � :'�a :. ' ,, .,,p -..-y'3�'. � � __ {.� _ . �..- a �. .. „ .� _. �s_ .1`", t '1'� .� - G —(b MEMORANDUM Toe William J. Brighton, City Manager FROM: Keith Kornelies Public Works Director GATE: July 111 1986 SU83ECTo AIRPORT APRON AND WILLOW STREET EXTENSION CHANGE ORDER N4 Attached is Change Order #4 on the above subject project. This Change Order is to add the electronic warning system for the lift station on Willow Street. This is the now warning system that woo recently put into all our lift stations. KK/ew E �1 C.r). sent to oil (',hr.p 1 of 1 C.O. approved by on CHANGE 0 R 0 E R dG. Kenai Municipal Airport Main Apron Extension & Project W-Maw StreetExtonsion Sewer,Wafmrmain& Initiation Date June 24, 1986 Contractor inu Ak Contrnetors. Inc. City of Kenai You are hereby requested to comply with the following changes from the contract plans and specifications: Item Description of changes - quantities, units, Increase or No. unit prices, change in completion schedule, etc. (Decrease) 7029 Provide 4 addRional relays for intrarfacing city electronic monitoring systiam to lift station panel.. This work includes all, required additional equipment, design, labor and installation costs for inclusion of the additional relays in the specified fiygt control pEmel. $1, 398.00 Panel shall be constructed in accordance v,Loh schematic drawing 1101877 and other approved submittals. 5V 10 JUL I£co Net change in contract price due to this C.O. 1 $1,398.00 CHANGE IN CONTRACT TIME CHANGE IN CONTRACT AMOUNT 0—rig3nal Time 2M Original Contract Amount f1,649,884.00 , Previous C.O. s � Previous C ange Orders _ 10�1� ii 8.16 _ This Change Order PfA This Change .Order g 1.398.t]t)� Revised Contract Time 0r �� Revised Contract Amount $ 1+661,400.16 (Attached) (Abovo) is Lull justification of each item on this C.O. including its effect on operation and maintenance Costs. This C.O. Is not valid until signed by both tho Owner and Eneinosr. Kenai City Council has to approve All C.O.s. Concry.ieor'S%Sianutur;.�ndleates his agreement herewith, including any adluetment In the Contract sum of Contract tie*. 2 Y By BY s:n' ne r i►atc nt ctor Da —`—' lunar ' D.to FOR j1UNC1L M KU$4 OF 14440 w S I' C us'givabill Wonu ..—I;1 c—W► Ck* Pi "Or-10 hW►tl Tpw iiNMN�taO •w-L.: L �• b r G.- II 1GM0 TOt Tim Rogers, City Attorney act Keith IKornslis, Public Works Director ROM: Charles A. Brown, finance Director e4Q DATE: July 7, 1986 805JWf: Interest on Retainage The loot time I revi.swed the State statutes with you on this subject was in 1983. AS 36.90.001 dealm with this matter, and it refers to AS 45.45.010 (a). The City of Kenai's position has been that the 10.52 rate is a maximum rate, and that a lesser amount may be paid. in view of Council's questions at the last Council meeting, perhaps you or Ron should look into this again. Today, I surveyed several other municipalities, with the following results: Anchorage: They say the 10.5% is a maximum. They pay 82. Mat -Su: They do hold retainage= they do not pay interest at all. They are aware of the State laws on this subject. Juneau: They do not retain on Borough work, but they do on School District work. They pay BX. , Homer: They do hold retainage. They pay 10.5X. Kenai Borough: They don't retain. Apparently, they have a bid item similar to a "contract close-out" that is paid at the and of the job. G -il 0 MEMORANDUM T0: William J. Brighton, City Manager FROM: Keith Kornelia, Public Worka Director DATE: July 119 1986 SUBJECT: RETAINAGE OPTIONS OPTION #1 - See G2 and F3 Retainage = 10% withheld until 30 days after 100% complete. .� OPTIONN2 - See A2 Retainage = 10% until substantial complete a 5% from substantial complete until 100% complete OPTION 03 - See 65 Retainage a 10% until project is substantial complete a 2% from substantial complete until 100% complete OPTION 04 - See A4 and A6 Retainage = 10% until project 75% complete >= 514 project 75% - 95% complete 2% project 95% complete until not loco then 90 daye after 1004E complete OPTIC 5 - See D2 and D4 Retainago a 10% until project is 50% complete Retain 10% of 504E of the project until 9514 of work complete n 2% of total earnings from 't95% complete until not lose than 90 days after 1004E complete OPTION #6 - See E29 E40 and E5 Retainage a 10% until project 100% complete + Sliding Scale - Project close out coat not paid until 100% complete + Sliding Scale - Werrsnty costs withheld for 1 year after 100% complete There are an unlimited number of options that can be drawn upp. I suggest we stay with Option #2. Whatever le done we should be consistent and not have an option to treat one contractor different from another. In other wordo, we should not have an option that _ e=,Q,•.+--•.•-------------- lf lea!Fs..42F:i'i�i8eivr'l��i�ti.l•'•'.: :'._n+c.r. '_ - r : __ —_' .—... 71y - } - U F if a contractor ie doing a good job, he io locol, he ie ahead of achedule, or whatever, we would treat him differently then another contractor. We should keep everything the eeme for everyone. The following ie atteched: 1. The Aleake State Statue on Public Conatruction Contracts 2. Cherlee Brown memo of July 7, 1966, concerning intoreot on Retainage 3. Kornelie' memo of June 27, 1986, concerning retainage. KK/aw b 38.25.025 4 30.90.001 Pus1.tC COWMCM 4 38.90A01 of their Nov itractor, or as I , Cress references. —Am to limitatlon of Collataral rOfofoucs& —Hight of home rule power regarding municipal municipal corporation to hoover back .contractor but -lid Into coact exemption on contractor bond require. hom contractor payments made under aunt+. see AS 29.13.300(38). As to require contract violacompetitive bidding furnished to went that a municipality use ordinances statute. 83 ALtin S97. to exempt contractors aVm compliance Liability of municipality on quasi for of or work <., , .... ersp of bond for nonpublic with general requirements relating to ar• contract value property taln bonds, ses AS 20.48.180(a)(12). furnished without compliance with raee.128 ALR Editor's notes. — This section was bidding requirements. 33 AWt3d 1164. mdraited by the revisor of statutes to Munici4sl f � d 86subject to om contractor cunt paid or remove personal pronouns in conformittyy mechanic a Ilan. 6 with A8 01,08.031(c) and 0 4. Chapter BIT. Ithirdparson, 8LA 1982. V :iena fbr labor retractor. 134 as estopping I Chapter 90. Mitseeuaneoue PrOASIontt. 12d 1"cov1046. Section rat aunty on i and unpaid Ol. Public conatructlon contract payments A 9� °tags ished See. $0.90.001. PubUo construction Contract payments. (a) The or state @hall initiate procedures to pay the contractor under a public d °f construction or public work contract within 10 days after the contractor '= su Oct to submits to the state a bill for materials provided or services performed t; .7, and a sworn statement that all employees employed on the project by the contractor and all subcontractors have been paid not less than the _ established prevailing rate of pay its determined and published by the delpality, intractors Department of Labor. estimated (b) if the state falls to make a payment due the contractor under this section within 30 days after receiving a contractor's billing. the state :ding the shall pay interest to the contractor under A9 45.48.010(a) on the a its price• amount due. (a) The state or a political subdivision of the state Is liable to a _. . contract contractor registered under AS 08.18 for interest at the rate provided ` ,receding In A8 40.48.010(a) on retainage on a contract for public works or public .x` construction. Interest an retainage accrues from the date of approval of 4 ' within a a pry estimate until the date of payment to the contractor. A contract contract provision purporting to waive the interest provisions of this subsection :ountant ®� Is void as contrary to public policy. ION a net (d) A political subdivision that has a population of 500 or lees is tract for exempt from the payment of interest provided in (c) of this section. (e) A political subdivision that receives a state grant for a public 'ieipates construction or public works project may use money from the state which a grant to pay the interest on retainage under contracts for the project retractor as required by (a) of this section. 0 1 ch 80 8LA 1982) Witted rditoesnotes.- Sectlon8.ch.B6,8W apply to contracts entered into after the 1f182. of this Act eRietivs date of this Ad (July 1.19821." providee;'"Che provtelons 86.93.010 Awtvait SrATRTm { 88,96.010 Chapter 95. General Provisions. Sudan 10. annition. See. 30.96.010. Definitions. In this title unless the context -= requires otherwise. (1) "contractor" means the contractor including subcontractors per- =- fbrming work necessary to facilitato public construction; (2) "laborer, mechanic, or field surveyor" means a person who engages in work which is basically physical or unskilled in nature; or who engages in work, requiring the use of tools or machines, which basically consists of the ehaping and working of materials into some type of structure, machine or other object; or who engages in outdoor tasks related to the operation of findings and delineating contour, dimensions, position, topography, as of an y part of the earth's surface, -_ by preparation of measured plan or description of any area or other portion of country or of road or line through any area or other portion —_ - of Country. r (8) "public construction" or "public works" means the on -site Reid surveying. erection, rehabilitation, alteration, extension or repair, Including painting or redecorating of buildings, highways or other improvements to real property under contract for the state, a political subdivision of the state, or a regional school board with respect to an ' educational facility under AS 14.08.161; s; ;'' (4) "qualifled" means a person who, except for apprentices, is a four- -_-' - neyman mechanic in that person'e particular trade; n = _ 0) "resident" means a person who maintains a domicile in the state; Q domicile is the true and permanent home of a erson from which that person has no present intention of removing and to which that person intends to return whenever away from that home; (6) "state or a political subdivision of the state" means any state department, state agency, state university, borough, city, village, - If.-, school district or other state subdivision; (7) "wages" Includes fringe benefits; "tetainage" means money withheld Guar a contractor until com- pletion of a contract or satiefaetion of other contingency as evidenced by approval of the applicable pay estimate. (0 16 ch 142 SLA 1972; am { 8 ch 89 SLA 1976; am 0 16 ch 14 SLA 1078; am 0 2 ch 86 SLA 1982) 4rifect of amendments. — The 1078 The 1982 amendment, effective July 1. -- meadment, in paragraph (3) deleted "or" 1982, substituted "this title" for "AS 30.08 �llowing'Yor the state' and added "or a 38.25" In the introductory language and # = regional ethool board with respect to an added the de0nitlonof"rotalna a"In era• aWallonsl facility under AS U.O 61" g p y graph 191. s � � �• ; ' '��: �. to the and. 20 a 1 _ { 38.96.E 00 1GI►mr'e t�eoiita r a 1,19821. Thl@pce of etetutee conformiey Chapter re Applied I Cp. No.14. (1977), rev' �l 57 L. Ed. 2 Collators 2d, Publlo V Contraeti, t 72 C.J.B. ; 11 1.01. Dllhrrnc� material@. 4 acceptance ALlitlid 917. bidaa fbror of publ 18 - fm v nqulring pt exceeding r lower bidde Amount o, grviesses b Contract or ALR2d lob. "Chanva works or etruMlon on, Filial of a a Chi Notion 10. Applies% later 80. Solicitst 88. Stendan 40. Bvalusu Contra 0 0 „J .46.010 ALASKA ryrATuTrj.,% § 45.45.010 See. 4li.4if,010Legal rate of interest. (al The rate of interest in the state is 10.8 percent a year and no more on money after it is due elicspt as provided ln•(b) of this sNctien. (bl No interest may be charged by express agreement of the parties in a contract or loan commitment dated after June 4, 1976 which is more than five percentage points above the annual rate charged member banks for advances by the 12th Federal Reserve District that prevailed on the 26th day of the month preceding the commencement of the calendar quarter during which the contract or loan commitment is made. A contract or loan commitment in which the principal amount exceeds $100,000 is exempt from the limitation of this subsection. (c) Repealed by § 3 ch 84 SLA 1978, (d) Notice of the annual rate charged member banks for advances by the 12th Federal Reserve District prevailing on the 26th day of the month preceding the commencement of each calendar quarter required for the maximum interest rate computation under (b) of this section shall be provided by the Department of Commerce and Economic Development. (e) Repealed by 4 4 ch 146 SLA 1974. (f) No bank, savings and loan institution, pension fund, insurance company or mortgage company may require or accept any per cent of ownership or profits above its interest rate. (g) Loan contracts and commitments covering one- to four -family dwellings may be prepaid without penalty, except federally insured loans that require a prepayment penalty. (h) If the limitations on interest rates provided for in this section are Inconsistent with the provisions of any other statute covering maximum interest, service charges or discount rates then the provisions of the other statute prevail. 0 26.1.1 ACLA 1949; am 0 20 ch 143 SLA 1968; am # 2 ch 09 SLA 1969; am 44 1, 2 ch 94 SLA 1969; am H 1, 2 ch 239 SLA 1970; am H 1— 3 ch 84 SLA 1973; am H 1 — 4 ch.146 SLA 1974; am 4 1 ch 1 l0 SLA 1976; am § 1 ch 169 SLA 1970; am § 2 ch 107 SLA 1080) Cross references, — As to rate of and Power Resource loans, we AS Interest under Alaska Small Loans Act, 88.030(e). As to tourism loans, see AS see AS 0&20. As to premium finance act, 46.00,0301e1. As to email business loans. sae AS 00,40.120. As to credit union loans, no A8 45-95.020. As to historic district m AS 00.45.060• As to Judents, see AS loans, see AS 40.08.04014). 09-30.070. As to commerciagml fishing loans, Effect of amendments. — The Ant sse AS 10.10.320(a), As to housing 1918 amendment substituted "Ave develo1&64,pprnsnt revolving loan fund, see AH percentage points",for "four percents 18.64,080, As to Alaska housing finance, Pointe" in the first sentence of subsection sea AS 18.50,008. As to insurance pollcy (bi- ngo Iwo AS 21.40.080. As to voterane' The second 1070 amendment rewrote ksn9 ses AS 20.11i.040. As to residential subsection (al. m, sso Caro M11111y loaAS 44.33.3001b). Arc The 1080 amendment substituted 1110.6" to temperate aocial activities facilities for "sight" near the beginning of loam, tss A8 44,47.3401e1, As to ntall subsection top, and deleted the former Installment sales, see AS 46,10.120, As to second sentence of subsection (a). which Collection of advance interest see AS mod: "The rate of interest in the state is 46,4d,080. As W Alternotive Technology six per Cent a year and no more on (1) 220 45.48.010 d no more -tion. to parties which Is charged trict that Incemont ►mitment I amount Iction. •ances by ty of the required s section :conomic - tsurance r cent of r•family o insured Won are -overing ton the ,A 1969; em �f 1 I L i 59 SLA it we AS oveAS dloans. c district rho Ant d "five reenage lbsection rewrets d"10.6" sang of femur which state is on 411 [a $ 45.46.010 TRADE AND COMMERCE § 45.45,010 money received to the use of another and 619 (File Noe. 1117. 11241. 470 P.2d 266 retained beyond a reasonable time without 119701, the owner's express or Implied consent:12) Whenever any cause of action accrues. money due upon the settlement of matured the amount later adjudicateli as damages accounts from the day the balance Is is immediately "due" in the sense of AS ascertained: or t31 money due or to Wcome 09.80,280 and subsection let of this duo when there Is a contract to pay section. All damages then, whether interest and no rate is specified." Editor's note. - Section 4, ch. 107, liquidated or unllquidsted, pecuniary or nonpacuniary, should carry interest from SLA 1080 provides in part: "The interest the time the cause of action accrues, unless rate provided In see. 2 of this Act applies for some reason peculiar to an individual only to cases filed after the effective data of case such an award of Interest would do an this Act [July 1, 19801" INuetico. This construction Is In accord Section 8, ch. 107. SLA 1980 provides: with the logislative intent manifested in 'This Act does not smond Rule 68 of the its 1965 amendment to AS 09.50.960. Alaska Rules of Civil Procedure." State v. Phillips, Sup, Ct. Op. No.619iFile lagislailve history reports, - For Nos. 1117. 11241, 470 P.2d 26011970►, report on ch. 143. SLA 10681HB 707►. see Whenever any cause of action accrues. HouseJournal (1998).� pp 836. For report on the amount later adjudicated as damages ch. 69, SLA 1909 iHCSCSSB 1361, we is immediately "duo" in the sense of AS 1909 House Journal, Q 809. For report on 09.50.280 and subsection Isl of this eh. 84. SLA 10731FCCS HCSSB 371. see section. National Bank v. J.B.L. 6t K. of 1973 Senate Journal Supplement, No. 10. Aloe., Inc., Sup. Ct. Op. No. 12391File No. P. 1. 22891. 646 P.2d 670119701, This section Is not a law prescribing Money becomes "due" within the Interest on anything. State v. American meaning of subsection tot of this section Can Co., Sup. Cl. Op. No. 41 Wile No. 761, when the cause of action accrues. Gain v. 362 P.2d 201 (1901). He.8upp. Ct. Op. No. 18101VIN No.37421. It simply Axes a maximum limit on 591 P.1281419791. the rate that may b6charged in coo aln State American Can Co., When Insurer's obligation to pay "due". Instances. v. post Judgmatt Interest - Since Our. Cl. Op. No. 411File No. 75),302 P.2d until a valid judgment is rendered against 1 the Insured or a settlement agreement is It applies to balances duo on entered Into, the Insured Is not liable to corporate subscriptions. Mountain Timber Co. Case P. pay damages to the INured party. the sum v. IOre.►. 133 02. the Oregon that the Insurance company mayy behalf construing statute. 1070 amendment not retroactive. - eventually pay on of the insured. including post Judgmunt Interest, Is not The amendment raising the interest rate "duo" at the time of the injury. but rather on money "due" to eight per cent I now 10,6 of the time of settlement or Judgment. parcont► Is not to be applied retroactively. Gain v. He. $up. Ct. Op. No. 18100lie No. City of Juneau v. Commercial Union Ins. 3742►. 591 P.2d 126111970►. Co., Sup. Cl. Op. No. 19061File Nos. 4040. 40411. 698 P.2d 95711070►. Although an agreement batween the Insurer and tits Insured does not obligate For the period prior to the effective date the insurer to pay Interco& accruing alter of the 1976 amendment to this section, a entry of Judgment, on obligation to pay claimant Is entitled to recover interest on post -judgment interest would arise on the Judgment at the rate of only six per Itehalf of the Insurer when Judgment is cent per annum and a court's award of Interest for that period of eight per cent In rendered against the insured or a dottientunt agreement is Annll&vd. dined excessive. Drlckersen Y. Drickereon, Sup. upon the occurrunty of either event. the Ct. Up. No. 19921 File No. 41331, 604 P'dd Insurer would lwwme obligated to make 1082 41979►. payment under its liability agreement. "Due". -- Since AS 09.50,280 and and the Insurer's obligation would former subsection isill► tees now first therefore becun►e "due" within the sentence in subsection is). as amended) of meaning of subsection idi of this section. this section delimit time periods during Thus, the insurer would be responsible for which Interest runs in the same words, Interest accruing after the date of entry of they are In pari materie. so "due" should receive the some construction In both Jud Mont or settlement. Gain v. No. Sup. Cl. p. No. I8t0.Vile No. 37421.691 P.2d statutes. State v. Phillips. Sup. Q. Op. No. 1981410791. 221 u 01 J 0 , s 4 0 45.45.020 ALASKA STATL.ii 0 45.45.020 •49 fi 46.46.0 r quoted In Slaymaker v. Peterkin. Sup. Am. Jur. end ALB refarences. »• 30 Tranesetl Ct. Opp. No. 9971Fda Nov. 1988.19051. 518 Am. Jilt.. Interest. t let seq.; 88 Am. Jur., section. Met P.2d 783 t19741. t; aury. M I at seq. No. 782 iFi - Cited in %Yernor v. Lorentzen. 3 Alaska tlenural characteristics and essentials of 410711. 275/19071;Granty. Pilgrim. 9 Alaska 24). usury, 21 AI.R 797; 83 ALR 743; 03 ALR Arbitralll 93 F.2d 80219111 Cir.1938r Northern Com. t123; 105 ALR 795. Intereston t Co. v. Lindblom.162 F. 28010th Cir. 19081. age w Washin on•Alasks [lank v. Stvwort. 184 w whom where the F. 673 9th Cit. I91It. provided the Sec. 45A5.020. Higher rate of Interest bited. No pereon paid would b �proh may, directly or indi&Mf r, rece ve n-money, geode, or thTngs in action, Bee. 45. or in any other manner, n areater s or value for the loan or use of usurious money, or upon contract founded upon a bargain, sale, or loan of wares, ��� 46.46.010 merchandise, goods, chattels. lands, and tenements, than is prescribed may, by a. In AS 45.45.010 - 46.45.070. 10 25.1.2 ACLA 19491 from the I Interest 4NT Jurisdictions Including ""to" In statute; and 141 an Intention to violate the usury lows. -- Alaska. Iowa and the usury prohibition. Fines v. First Fed. 8ov. Thla see". Virgin Islande ore the only United States A Lean Assn, Sup. Ct. Op. No. 1131(File statutes of T Jurisdictions in which the usury Iowa No. 20111. 533P. 2d 251 119751. Alaska 2784 Include the word "sale." McOalllard v. A third party loan cloaked In the This ascot Liberty Leasing Co. of Alaska. Inc.. Sup. form of a lease is within the purview of orude 3100 Ct. 0pp. No. 11381File No. 20031, 534 P.2d the usury laws. Mctlalllard v. Liberty Texas of 189: 528 4I9781. Leasing Co. of Alaska, Inc.. Sup. Ct. Op. 175 419031. What is deemed usury. - As a general No. 1138 4 Flle No. 20031. 834 P.2d 528 Welton fit role onv benefit or advantage exacted by the lender from the borrower. whatever be 119751. Factors In determining whether In �► relief. - The section le the Its name or form. which, added to the f �Iterest taken or reserved. would yield to usurious loan Involved. - determining whether a purported lease or '`' ' ' relief provide, Werner3 At the leader a greater profit upon his loon sale arrangement involves a usurious loon, several Ilndlcio are frequently relied Actio m than is allowed by law, is deemed usury. Fidelity Sec. Corp. v. Brugman 1ore.1, 1 on by the courts. These Include, but are not years of last part can hs P.2d 131. construing similar Oregon ® limited to, the following; III Intention of this section i1 statute. any of the parties to create a loon or extension of credit; 421 discussion between two yes" of I Requisites for the presence of usury the vendor and vendee of llnencing Metcalf v. Be Mtle No. Be 33. are Ill an unlawful intent; 12s the possibilities or efforts by the vendee to When 1 1 subject -matter must be money or monoy's reek finencingolwwhero.13►oxletenceofa colleoted". - equivalent; 131 a loan or forbearance;141 close relationship between a vendor and a have been "to sum loaned must be absolutely, not financier; 141 proof of a normal business of whet ins) contingently, repayable; and 181 there practice to assign paper shortly alter a collected unt must be an exaction for the use of the loan transaction is consummated; 481 relation of giving credit I of something in excess of what is allowed P. the price the vendor receives for his paper received mon by low. Lorber v. Marshall i0ro.►. 264 and his cash soiling price; and (01 • lawful inMre 436, construing similar Oregon statute. computation of the excess (time -price) Alaska 276 41 One of the requisite elements of a charges In a manner in which loan interest usurious contract Is a corrupt Intent to take then the leggaal interest is usually computed. McOolllard v. Inc., Sup. more rate of Liberty Lessing Co. of Alaska, Bee. 45.4 for the sum loaned. Fidelity Sec. Corp. v. Ct. 0pp. No. 11381File No. 20031. 834 P.2d Interest. It Bradman IOre.l. I P.2d 131. construing similar Oregon statute. 528119751. In Its efforts to determine whether a that a rat The essential elements of usury are:11) Durported lease or sale arrangement authorized an agreement to lend money or its Involves a usurious loan, the trial court in mono y►1 equivalent or to forbe requiring must look to the essential relationship of repayment for a period ortime; t21 a the parties and the substance of the of money, p borrower's obligation to repay absolutely, transaction, rather than to one Isolated to be made not upon some contingency; 13i greater aspect of the transaction. McOalllord v. indirect) 1 y. compensation for making the loan or Liberty Leasing Co. of Alaska, Inc., Sup. agneing to forbear then allowed by the Ct. Op. No.1138 Wile No. 20031, 834 P.2d which is to applicable auto constitution or usury 528110751, 224 M JJJ It c, _._ _ _ ___ .-. _ _ate _ _� - • ' ___�-_ � �_�_....�� �� .34 .- %; M • " ;... .... t nu on- - '- ' , + d the ate has (te and : q -a `-.' T. rem, the Y. ch take i � -• .Iwklna. 6429. = - •-_ _- oL t,Er d638(fiHe F 44.62.460 ADVANCE ANNOTATIONS 4 46.45.010 11 See. 44A.400. Evidence rules. NOTES TO DECISIONS Hannay evidence. — Compensation condition. Whaley v, Alaska Worken' hearings need not be conducted according Compensation Bd., Sup. Ct, Op. No, 2833 to technical rules of evidence and k;ansy !File No. 6701), 648 P.2d 866 (10821, evidence may be used In board hearings. Language of subsection (d) of this am Whaley v. Alaska Worken' Compensation Lion gives board discretion to exclude Bd., Sup. Ct. Opp. No. 2533 (File No. waltz hearsay evidence where it appean 848 P.2d 866 (1082). untrustworthy. Whaleyy V. Alaska Board was author+ted to exclude Worken' Compensation ed., Sup. Ct. Op. untrustworthy testimony by claimant No. 2533 1FIle No. 6701), 048 P.2d 866 regarding discussion with physician can. (18821. l cerning cause and extent of his medial 1 Soo. 44#02.500. Judicial review. NOTES TO DECISIONS Quoted in Sisters of Providence in dt Social Serve., Sup. Ct. Opp. No. 2836 (File Washington, Inc. v, Department of Health No. 6168i, 048 P.2d 870 (1u821. • Title 45. Trade and Commerce. Chapter 45. Trade Practices. Artlele 1. Interest~ 1 See. 45.45.010. Legal rate of Intereeilo 1 NOTES TO DECISIONS Appllcatlon of variable Interest rate formula. — Provision In note for "interest by opplice #ion of the variable 1111erest rote Is It ponsit to to ascortain the highest legal after maturity at the Q�,r rate of Interest. Riley v. Northern Com. �conemct r t -- s sufnclent to const lute an reat agreement setting Inter. Co., Supp. Ct, 0pp. No. 2334 4 File No. 57541. 048 P,2d 001 eat at highest rota sanctioned by applica. tion of variable interest rate formula, 110821. Note provision tolling for "highest lawful rate ofmaturlty"Indicates Intent to Riley v Northern Com. Co., Sup. Ct. Opp. No. 2534 (File No. 57641. 648 P 2d be bound by mod+Rcations to statutory 001 118821. formula ennetud rlor to maturity. Riley v. Northern Cum. Co.. Sup. Cl. Op. No. 2534 for "Interest nAermlmoturitytatihelb+ghee( 1Feo. nter84pvins tWhre Interest provision intended to lawful contract rate." award of poatludgment Interest at highest rate establish compensatory damages for detention of money. language In subset - allowable on date of maturity, pursuant to Interest rate formula in this section, was tion (bi that amended formula appllesonly to contracts executed after June 4, 1876. groper. Riley V. Northern Com. Co.. Sol . Opp. does not preclude parties to contract from 1. No. 28341File No. 67641, 848 P.Id 081419821. Rats set forth In subantion (al Is not the agreeing to be bound by future modifies. lions In the statutnry formula. Riley v. Northern Cum. Co.. Sup, Ct. Op. No. t634 highest legal rate formula of Intenstt only 11410 NO, 87641, 648 P-2d 001110821. 41 CITY OF KENAI \� "Od OardW ai 4",. 111o11111AM KffNA1,AM8KA e114111 MEMORANDUM TOt Wm. J. Brighton, City Manager FROMt Keith Kornelie, Public Works Director DATEt June 279 1986 SUBJECTt RETAINAGE ON CONSTRUCTION PROJECTS FORt CITY COUNCIL MEETING OF JULY 2, 1986 I have attached the following concerning retainaget o A. AIRPORT WAY This is a copy of the applicable part of the upp amen ary Conditions and the Standard Specifications (Anchorage 1960) on the Airport Way Projeot, which will be bid July 159 1986. This to our standard policy for road construction projects. We retain 10% until the work is substantially complete, then reduce the retainege to Ski. 6. FLIGHT SERVICE STATION T518 to how we hand the retainage for constructing a large building. The Flight Service Station is going to be bid on July 109 1986, and the estimated coat to $1.5 million. Under this contract we retain 10X until the project Is substantially complete at which time we will consider reducing the retainage to 2%* C. STANDARD GENERAL CONDITIONS repare y the Engineers, Joint Contract Documents Committee and endorsed by many large engineering and contractors associations. This shows that retainage is a common practice In the industry. D. ANCHORAGE STANDARD SPECIFICATIONS - 1984 o city or Anchorage nos just recently switched over to uoing the Standard Specifications 1984, The City of Kenai has not modified these specifications as yet and therefore we are not using them. This shows how the City of Anchorage is handling 0 retainage on their projects. J L n a -J'. - - -.'A E: -J'. - - -.'A E: F i • a . i f 1 . a� a �{i E. KENAI_PENINSULA BORO GBH KENAI ELEMENTARY SCHOOL This shows that the Kenai Pon`inou o Borough can withhold 10% retainage until the project is complete (E-2). This also shows that the Kenai Peninsula Borough requires a project close-out bid item or schedule of value (E-4). It appears that this amount is not paid until the project is 100% complete. Since it is not called a retainage, but merely a project close-out item, I doubt very much that the Kenai Peninsula Borough pays interest for this item. It is merely funds that are withhold until the project is 100% complete. I oleo notice that the Kenai Peninsula Borough keeps a sum of money for one year after the project is 100t1 complete to cover warranty items. Summarize: The Kenai Peninsula Borough can keep retainage of up to 10% until the project is complete; plus they keep the funds called Project Close -Out until the project is complete{ plus they keep funds until one year after the project is complete. F. FEDERAL PUBLICATIONS INC. COURSE MANUAL e is From a notiog-w1de con erence Sat shows that a owner retainage, such as 10%t is normal in the construction industry. G-1 RETAINAGE FOR THE STATE OF LOUISIANA e Is From a different can erence that shows that retainage In Louisiana amounts to 10% of the contract and will not be due until 30 days after the expiration of the contract. At this particular conference, everyone wee shocked and could not believe that in Alaska the Municipalities had to pay interest on this retainage. I have engineering text books from my civil engineering courses and construction management courses that show keeping a retainage Is normal for the construction industry. The retainage on construction projects is essential and is used by the City of Kenai for the following rosoonss *The retainage is used as an incentive to urge the construction contractor to complete the ro_,j, ect se soon es possible. If a contractor comp e e moo of the major work on a project and the owner made 1001 payment for almost all of the work, there would be no real incentive for the contractor to come back and do the minor punch list items since he would already have all or almost all of his money. *The retainage can be used as leverage to get the contractor to make the minor ed.luetmente and corrections that are necessary to moot the construction plane and specifications which may not have been noticed until after the project wee completed. These would be items that a contractor might just drop and not do if the City did not have retainage. *The retainage may be used to settle claims and liens of contractors and subcontractors thof may not be na zed until e project o comp a e. F *The retainage may also be used to make corrections discovered a by State or federal agencies (labor, grant agency conditions, permit violet4nne, and etc.) *If there is no retainage on a project there would be no Incentive for the contractor to submit his affidavits of -� payments of debts and claims, hie affidavit of release of Ilene, and hie consent of Surety Company to final payment. When the project is completed we oak for these affidavits before we make final payment and release the retainage. A lot _ of times this is when we find the general contractors have not - paid their subcontractors. *Liquidated dome ea which are assessed against the contractor t if e dose not complete the project on time are taken out of .k=. the retainage� at the and of the project. (On the Police etIon Addition the liquidated damages amounted to $12,00O.) If we paid 100% we would have a hard time getting the - contractor to pay us back funds for liquidated damages. -:�-: *Retainage is also used for payment to the contractor for items that are not listed on the bid shoot or tho project schedule of values such ae final clesn-u demobilization indirect coots, submittal o no as- uLit drawinget and a c._ - Specific problems where retainage hoe helped the City of Kenai, Include the followings 1. Kenai Police Station Addition The general contractor on =`thle project went banRruptend the City ended up with an exorbitant amount of claims and liens on the project. F y - After much effort and cooperation between the City, the `... architectp bonding company, and the contractor, this project wee finalized. One of the major factors that helped in getting the problems resolved and completed no feat se it did woo the fact that the City withheld a retainage. 2. Main Street Loop# Lake Marine Granite Point and F80 ro ec - was Ga+ovsre after a project was z, comp ed that the asphalt paving tests showed non-compliance in specifications. The City received a $4,00O reduction in the coat of the project. This s49O0O r wee taken out of the retainage that we had kept on the project. If we had not kept the retainage we would not have been able to deduct $4,O00 from the project and it would have been hard to get them to send us a check. have developed a eat of construction documents for streets, water and sewer, and for buildings. I g try to keep the conditions Y p and the contract documents the same Pot oil our projects. To someone who is not familiar with the contract documents, they can be considered keep the . = very complicated. One of the main things I try to do is documents coneiatent, not only within themselveo, but with the other projects that the City hoe. I am always interested in looking for = ways to improve our documents# but once a contract Is signed, it to M „ ' r _t • tz up to the City and the contractor to adhere to the agreements in the contract eossiblem(exampleiaiChange orderes in the contract certainly s) if both pparties are in agreement. Retainage is something that is one aided and in favor of the owner. It protects the owner and does nothing for the contractor. (It may help a subcontractor.) The amount of reteinage is very clearly stated in the contract documents and each bidder is aware of our retainage policy prior to agrees to handle rbidding eteinage asper e thecontractach edocument when ct* The rtor he signs the contract. I feel that the way that the City of Kenai is presently handling retainage is the beat method for the City of Kenai. This method is shown on attachment A-2 and is the one that is being used on the Airport Way bid. If you or the City Council wish to change this policyq I can very easily do that on future projscts- Unless I hear otherwise I will continue as I have in the poet. KK/aw Attachments 147 F 10Age) CITY OF KENAI SUPPLEMENTAL CONDITIONS TO THE "STANDARD SPECIFICATIONS - MUNICIPALITY OF ANCHORAGE, ' JUNE, 1960" CITY OF KENAI SUPPLEMENTARY CONDITIONS TO GENERAL PROVISIONS Division 10.00 a. Standard Specifications i The "Standard Specifications - Municipality of Anchorage) June 1980 Division 10.00 through Division 80.00" are herewith made a part of the Contract Documents. The General Provisions of the Municipality of Anchorage as incorporated herein shall be read and Construed to apply to the City of Kenai or Kenai City Council whenever the reference to the City or Kenai City Council is appropriate and the context requires it. b. Changeng Additions and/or Deletions to the Standard Specifications The following changes, additions, and/or deletions of the "Standard Specifications - Municipality of Anchorage) June 1960 General Provisional' are hereby made a part of the Contrac1% Documents for the construction of,this project for the City of Kenai # Alaska, as fully. -and-oompletd'ly as -If -the same were included in the General Provisions. SECTION 10.01 DEFINITIONS 1. Under Assembly DELETEi "Municipal Assembly Anchorage." AODt "Council of the City of Kenai." ra X-1 r!J [e I 3 P � . S. Article 7.6, Second pare ra h second se Vp 9 P � sentence DELETE: oil "With these estimates as a base," AODs "Subject to the foregoing," 6. Article 7.6 DELETE: Paragraphs three, four and five. " ADD: "The Owner will process partial payment requests � and make payment to the Contractor within twenty (20) days after the Kenai City Council has approved the pay request. A copy of the City of Kenai, Alaska, 1984 Deadline Calendar Is included in the Contract Documents which shows when Council meets. Until ouch time ae the work is accepted b the Owner, the re a ne ercen a e shaII be ton ercen othe value Of e Comoleted work. U on substantial completion of the wok the _ ,Engineer may approve progress payment -sun Fn 15% of ��Mereigining unC cue the -Con raa or rov in tere een re a ne e o cover a ee mate coat of 4 Work or claims." 7. Article 7.7, End of Second Paragraph ADO: "No allowance shall be made for stockpiled material of gravel, send, fill, asphalt aggregate, eapholt, oil, or pit run or pit processed material." 8. Article 7.7, Third paragraph, last sentence DELETE: "Contractor is not making prompt payments" ADDS "Contractor has not paid" 9. Article 7.7, End of Lest Paragraph ADD: "In order to be paid on materiels the following conditions have to be met: a. The material has been stored or stockpiled in e manner acceptable to the Engineer at or on an approved site. b. The Contractor has furniahed the Engineer with acceptable evidence of the quantity and quality of ouch stored or stockpiled materiels. X-9 6i , 7- r r. i y IN •(A3 STANDARD SPECIFICATIONS.I..,..-,,.' iH• •��,•': ,a •.e,F,I. � ,:' • ter' .', .. ,i.\; ' r.`1'�f �yr :.,. i. ram?; ,': f•I ,ti'i .' . •,' I .''• i,. ••,t`. 3-',,�! "!,•. ,13�, � 'l� ' 1, �' � 1, - .!{ •,E, ,},%,.r�. '.1�/.} 1 '.r/�. �I. t. k'. �. - /,,•' •{�.{ i`/.l ... Municipality of Anchorage\ ` `�l•.� ;•c t . S A dAlp ..-JUNE 1980 L01 y t V 0 V F Article 7.5 Force Account Bills Bills forforce account work must show in payroll from the dates, names, hours worked each day, rates of pay, and amounts paid to each individual employed on such work. and must give In detail the nature of the work done by ea0. The equipment used, hours of operation and agreed rates must also be shown. Bills for materials must be fully itemized, showing dates of delivery, quantities, unit prices, amounts, and discounts, and must be accompanied by receipted invoices covering every Item. All bills for payment on force account work must be submitted In triplicate, must state the number of the contract under which the work was performed, and must be approved by the Engineer. Failure to present an estimate within thirty (30) days after the close of the month In which the work covered was performed shall constitute a waiver on the part of the Contractor of his right to present such bill thereafter or to receive payment therefore. Article 7.6 Progress Payments During the progress of the work the Contractor may request progress payments for work done during the preceding calendar month. Such request must be Accompanied by an updated progress schedule. Progress payments may include reimbursement for materials stored at an approved site provided proof of payment by the Contractor Is given. At a regular period each month the Contractor shall furnish such data necessary for the Engineer to make an estimate of the amount of work completed and of the value of such completed work Including an estimate of the amount and value of acceptable material to be Incorporated In the completed work which has been delivered and properly stored at or near the site or at an acceptable location to the Engineer. With these estimates as a base, a partial payment shall be made to the Contractor, which partial payment shall be equal to the value of completed work as computed from the Engineer's estimate, plus the value of accepted materials which are In a condition or stale of fabrication ready to be incorporated In the completed structure and which are held In storage on or near the work, the value of such materials computed In accordance with these specifications, less such amounts as may be deductible or as may be owing and due to the Owner for any cause, and less an amount to be retained in protection of the Owner's interests. The Contractor shall furnish prior to the submission of hie first progress payment estimate, a breakdown of his lump sum bid item or items which will be reviewed by the Contracting Officer as to propriety of distribution of the total cost to the various accounts. Any unbalanced items as between early and late payment Items or other discrepancies will be revised by the Contracting Officer to agree with a reasowible cost of the work Included In the various items. This contract bid breakdown will then be tilized as the basis for erogress payments to the Contractor. The Owner will process partial payment requests and ma a payment to the Contractor w fhi6 twenty (20) days of receipt of the application for partial payment. Until such time as the work Is accepted by the Owner, the retained percentage shall be ten percent (10%) of the value ofl the completed work. When the dollar value of the completed work has reached seventy five percent (78%) or more, the Contractor may request that the retainage be reduced to five percent (6%) or twice the value of the remaining work, The Owner may reduce the retainage based on Contractor's progress schedule, clean-up, contract completion cost and other factors. Upon completion of 96% of the work, the Engineer may approve progress payments up to 98% of the amount due the Contractor providing there Is sufficient retainage to cover the estimated cost of the remaining work or any claims. _ en appl Cabe- it State laws or municipal ordinance provide for a greater sum than indicated above, the amount required by such laws will be retained. The Engineer may withhold or, on account of subsequently discovered evidence. nullify the whole or any part of any payment certificate to such extent as may be deemed necessary to protect the Owner from loss on account of; 41 0% n 0 6 F W_ Performance and Payment Bond — The form of security approved by the owner, furnished thethe obl gationsContractor and conditions placed upon the Contractors by thefaithful contrct performance of all Plana —The maps. plans and drawings as listed and referred to in the "Contract Documents" together with any additional maps. plans, or drawings also any supplemental drawings furnished by the Engineer to the Contractor and also all approved shop drawings submitted by the Contractor and approved by the Engineer, all as provided elsewhore in these specifI- cations or other contract documents. Proposal — The written proposal of the bidder on the form furnished for the work contem- plated and which Is required to be signed by the Bidder. �WV to be furnished by the sal Guaranty idder as a guaranty of good faith ose# Bond — Bid tt enter Into a contract for the work contemplated if it be awarded to him. Date of Substantial Completion — For all construction contracts, the term "date of substan- tial completion of work shall mean that date upon which the Improvements which are the subject matter of the contract are essentially completed and available for owner's beneficial use for the purposes and in a manner Intended by the owner. Entered on Final Pe!ment Estimate Form, ShopOrawings — All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a subcontractor, manufacturer, supplier or distributor and which illustrate the equipment material or some portion of the work. Special Provisions — The Special Provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to these Specifications. Specifications The directions, requiremontsitexplanations, terms and provisions pertain- ing to the various features of the work to be done, manner and method of performance, and the manner and method of measurement and payment. The specifications include such directions, requirements and explanations as appear on the plans, Subcontractor— Any individual, firm or corporation acting for or in behalf of the Contractor in the oxocution of a part of the contract. This does not Include those working for hire or suppliers of material or equipment except that production of materials or supplies at the project site shall be deemed as being producod by a subcontractor where such Is not produced by the Contractor's own forces and equipment. Q Supplemental Specifications — Supplemental Specifications are those adopted subsequent to the Standard Specifications and generally involve alterations and a -new construction Items or substantial changes in the Standard Specifications. Supplemental Specifications can also be those specifications that pertain only to a particular type of Construction. 3 do I) 11 , _1% materials are not practicably returnable for credit, be purchased from the Contractor by the Oriner at an actual cost twithout percentage allowance or profit), and shall thereupon Cbecome the property of the Owner. Article 7.9 Final Estimate and Payment When the final inspection has passed, the Engineer will accept a request for the Final Payment. There shall be withheld from the final payment any sums retained pursuant to Articles 6.16, 6.17, 6.20, 6.23, 6.26, or 7.6 or any other provision of this contract. Tha retainaa®shall be he d �e o e Follow ng a sa day pertou; tnaT�erarnege wmcn rs�z attnoutaoie to a specific claim may be paid to the contractor provided that the contractor has fully complied with Section 10.06. If any additional sums are thereafter retained pursuant to a specific claim, thQ engineer shall notify the contractor of the amount to be retained and other details of the claims pursuant to which the retainage will be held. "Neither the final payment nor any part of the retained ercenta a hall become due until the = .. engineer has obtained a specific release as to a satisfactory condition of the public places {� r affected by the project. The release shall be signed by the Directorof Public Works, and shall `-' be applicable to conformance to location, backfill, compaction, general condition of the public place, and replacement of improvements". fir.: . Article 7.10 Suspension of Payments - = No partial or final payment shall be made as long as any order made by the Engineer to the Contractor In accordance with the specifications remains uncomplied with, .r Article 7.11 Correction of Work after Final Payment Neither the final certificate nor payment nor any provision in the contract documents shall relieve the Contractor of responsibility for faulty materials or workmanship, and unless - otherwise specified, he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which appear within a period of one year from the date of The Owner shall notica of observed defects with reasonable prompt - „ final acceptance. give nose. The Contractor shaii inmate corrective action within five (S) days after written notifica- ` tlon from the Owner. The Contractor's bonding company will be notified of any existing -. -. defects not corrected within the above specified time. Article 7.12 Payments Payments under the contract shall be paid In cash by the Owner unless otherwise provided by the Special Provisions of these specifications. f Article 7.13 Assignments r •, The Contractor shall not assign the whole or any part of this contractor any monies due or to ' �; ° • become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of any monies due or to become due under this contract, the Instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to prior claims of all persons, firms and corporations of service rendered or materials supplied �" ' -` for the performance of the work called for In this contract. fir- ...r7 1 (} 1 9 r, 0- 0 I V THE AMERICAN INSTITUTE OF ARCHITECTS 0111111111111110 �IiN7' SF� vet � Ni"7�D JAB Boa Pis At AIA Document A201 General Conditions of the Contract for Construction ' TNIS DOCUMENT MAs IMPOItrw UCAL CONSEQUtNCt1S1 CONSuLMT1ON WITH AN ATTORNEY IS ENCOUAACED WITN WSPICr TO ITS MOOIPICATION 10 1. CONTRACT DOCUMENTS 1 2. ARCHITECT 3. OWNER 4. CONTRACTOR S. SUBCONTRACTORS & WORK BY OWNER OR BY SEPARATE CONTRACTORS 7. MISCELLANEOUS PROVISIONS 1976 EDITION TABLE OF ARTICLES S. TIME 9, PAYMENTS AND COMPLETION 10. PROTECTION OF PERSONS AND PROPERTY 11. INSURANCE 12. CHANGES IN THE WORK 13: AJNCOVEFINC,AND'CORRECTION OF WORK 14. TERMINATION OF THE CONTRACT This document has been approved and endorsed by The Aonclaled General Contractors of America. Cnnvneht 1911. 1I111.191e, iql. ToV. 1"1. 111e,11&1.1161,11h4, tot IMo f 1916 be The Ame►lcan Institute of Atchnecu. 011 New VIA AVenUe. N.W., WalhlnelOn, O. C. 20M. 4e010duclwn lot ilia lnalertal hereto or subtlalNul OUolahOn of Its 010• vnUtm wlth0uf neMltll111n 0 the AIA violates the coovlteht laws of the united Slates and will be sublefl 10 legal 0101ecuhun• 0 AM DOCUM/NI A111 • Ctt)e NIeA► CONDITIONS f rile CONINACT ICOPMAUS.1104 . 1111111(4hill 101f1UV . ft-Gulf tt1l�� AIA* v 0 Jere • Ilia AM111CM INeTNUIOI AfiCNITeCTI, J»s NIW tuell +VINUI. V W , WAI►IINMON O C.:OuO► A201.1976 1 AA1 7J TtSTS required if complete relief is to be accorded In the arbi- + ; 7J.1 If the Contract Documents, laws, ordinances, ruin, Italian. No person other than the Owner or Contractor {a , " regulations or orders of any public authority having juris- shall be included as an original third party or additional - r diction require any portion of the Work to be inspected. third party to an arbitration whose interest or responsi- !i tested or approved. the Contractor shall give the Architect bility is insubstantial. Any consent to arbitration involving timely notice of its readiness to the Architect may observe an additional person or persons shall not constitute con- sent to arbitration of any dispute not described tttutein or bear all costs of such inspections, tests or approvals con- with any person not named or described therein. The ducted by public authorities. Unless otherwise provided, • foregoing agreement to arbitrate and any other agreement �,I l die Owner shall bear all costs of other inspections. tests to arbitrate with an additional person or persons duly or approvals. consented to by the parties to the Owner -Contractor - - — = , i 7JJ If the Architect determines that any Work requires Agreement shall be specifically enforceable under the prevailing arbitration law. The award tendered by the special inspection, testing, or approval which Subpar&• atbitrators shall be final, and' judgment may be entered geraph 7.7.1 does not include, he will, upon written au- upon it in accordance with applicable law in any court ehonastion from the Owner. instruct the Contractor to having jurisdiction thereof. 1 order such special inspection, testing or approval, and the ' Contractor shall give notice as provided in Subparagraph 7.9.2 Notice of the demand for arbitration shall be filed l.7.1. ll such special inspection or testing reveals a failure in willing with the other party to the Owner -Contractor l; 'of the Work to comply with the requirements W the Con. Agreement and with the American Arbitration Asada• , tract Documents. the Contractor shall bear all costs there• lion. and a copy shall be (tied with the Architect. The of, including compensation for the Architect's additional demand for arbitration shall be made within the time f services made necessary by such failure: otherwise the limits specified in Subparagraph U12 where applicable, Owner shall bear such cosh. and an appropriate Change and in all other cases within a reasonable time after the Order shall be Issued. claim, dispute or other matter in question has arisen. and " in no event shall it be made after the date when institu- 7JJ Required certificates of inspacaon, testhig or ap• lion of legal or equitable proceedings based on such proval shall be secured by the Contractor and promptly claim• dispute or other matter in question would be delivered by him to the Architect, barred by the applicable statute of limitations. ' 7J.4 If the Architect is to observe the inspections. tests 7.941 Unless otherwise agreed in writing, the Contractor or approvals required by the Contract Documents. he will shall carer on the Work and maintain its progress during i do to promptly and. where practicable. at the source of any arbitration proceedings, and the Owner shall con- ;,• ! supply. tine to make payments to the Contractor in accordance 7J INTpIjtST with the Contract Documents. 1 7.8.1 Pavments due and unpaid under the Contract ARTICLE 8 Documents shall bear interest from the date payment is 1 due at ,uch rate as the parties may agree upon in writing TIME or. in the absence thereof, at the legal rate prevailing at g.1 OVINI110Ns ' + the place of the Project. l 8.1.1 Unless otherwise provided. the Contract Time is the 7.9 ARBITRATION period time allotted the Contract Documents for 7.9.1 All claims, disputes and other matters In question ' Substantial Completion off the Work as defined in Sub. •,.: �'' bstween the Contractor and the Owner arising out of. or paragraph 8.1.3. including authorised adjustments thereto. i !', relating to, the Contract Documents or the breach there- a1.2 The date of commencement of the work is the date of. incept as provided in Subparagraph LL11 with to- ` 1� . ' spect to the Architects decisions on matters relating to established in a nonce to proceed. If there is no retie to j artistic effect. -and except for claims which have been proceed, it shall be the date of the Owner•Contreetor Agreement or such other date as may be established waived by the making or acce0tance of final payment as n -- provided by Subparagraphs 99.4 and 9.9.5. shall be de- therein. tided by arbilralwn in accordance with the Construction 8.1J The Oats of Subswntul Comdletjon of the Work at ± Industn Arbitration Rules at the American Arbitration designated portion thereof is ins Oats certified by the } A.sociation then obtaining unless the parties mutually Architect when construction is sudicientiv comolets. in 1t agree otherwise. vo arbitration arming out or or relating ,accordance with the Contract Documents• to the wrier , to life Contract OOcum not %hail inclu& by consolida- n �eeu or utilise the work or desi nated portion ... ;i lion ,cinder of in env ether manlier the Architect. his !here r me cite Of wnicn it ill inten0 . enlploven or consultants oicept by written consent 6n- 1 taininR a speciuc rorerena to the Owner 8.1.4 a term av as wed A the on ract OUGUFTIFINIFTFIT it • .. AerNnient and tiened by the Architect. the Owner. the snail man Caienaar day unless otherwise 1134011cally la ; Contractor and any other person sought to be joined. 40 designated. �± 4; arbitration shad include by consolidation. joinder or in any ollher manner parties other than the Owner the eJ ►IICGRUs ANO COM►1,111T10N {l Contractor ono env niner persons subsianbeliv �rivnived 8.2.1 Allt:me limns uueo n ins Contract Documents Jf0 a, in a Gammon question oil fact car jaw mhose presence to it me insence of ire Contract. NA OacuMINf 4ttt • 0:1%44AL C��Oinrvs �/ f•ia c-%feAi:- )A �:.'v�Hlt'•'C•• • ry�trlt�ty 93:1'0% • 6i.� 611 •119 IZ A201.197r6 ••+•. rA. •at .M1eu:w •r•nrl;rt r/ 41CM.ftt" 'fir •.Ica •41eh •%I%i.l ♦w 4'WNi%OTAv ae loot -- �s AA12 y L o .. .%1 The Contractor shall begin the Work on the date of by such data substantiating the Contractor's right to oav commencement as defined in Subparagraph al.1,2. Hef-Saintract ment as the Owner of the Architect may require, and re - shall carry the Work forward apeditiously with adequateA In ntalia a if an as rovideo elsewhere " nee forces and shall achieve Substantial Completion withinDocuments. the Contract Time. l.3.2 Untes otherwite provided in the Contract Docu- U GHATS ANO lxMBONS 0/ TIM! ments, payments will be made on account of materials or L3.1 If the Contractor is delayed at any time in the prog• equipment not Incorporated in the Worit but delivered fes of the Work by any act at neglect of the Owner or and suitably stored at the site and, if approved in ad - the Architect. or by any at ployee of either, at by any vane by the Owner, payments may similarly be made separate contractor employed by the Owner, or by tot materials or equipment suitably stored at some otnsr changes ordered in the work, or by labor disputes, fife, location agreed upon 1rl writing Payments for matatlals unusual delay in transportation, adverse weather condi• or equipment stored in or o the site shall be ran- uons not reasonably antieipstable. unavoidable casualties, ditioned upon submission by the Contractor of bills of or any causes beyond the Contractors control, or by de• sale or such other procedure satisfactory to the Owner lay authorized by the Owner pending arbitration, or by to establish the Owneet title to such materiab or equip - any other cause which the Architect determine may ment or otherwise protect the Owner's interest. including lustily the delay, then the Contract Time shall be ex. applicable insurance and transportation to the site tot tended by Change Order for such reasonable time as the those materials and equipment stand off the site. ;,, Architect may determine. I• 9JJ The Contractor warrants that title to all Work. L3.3 Any claim for extension of come shall be made in materials and equipment covered by an Application• for writing to the Architect not more than twenty days after Payment will pass to the Owner other by incorporation in the commencement of the delay, otherwise it shall be the construction or upon the receipt of payment by the waived. In the case of a continuing delay only one claim Contractor, whichever occurs first. free and clear of all Is neceNry. The Contractor shall provide an estimate of liens, claims. secunty, interests or encumbrancesherein• the probable effect of such delay on, the progress of the after referred to in this Article 9 As ,liens . Ind that no Work. Work. materials or equipment covered by an Appliation 0,3.3 If no agreement Is made staling the date upon for Payment will have been acquired by the Contractor. which interpretations as provided in Subparagraph 2.2.8 furnishing by any other person performing for the at the site car shall be famished, then no claim for delay shall be al• jesttoin materials and equipment for the Protect. sub- or lowed on account of failure to furnish such Interprets- left c m ranaltra therenteon under which all Interest tnerot r- Nons until fifteen days after written request Is made for wise encumbrance a thereon t roamed by the teller or other• them. and not then unless such claim is reasonable wise imposed by the Contractor or such other person. 1..,'.n. •,3.4 This Paragraph 8.3 doe not exclude the recovery CNITIVICATO FOR PATMINTcovary " "'• of damage for delay by either party under other prove. 9.4.1 The Architect will, within seven davit after the re- sions W the Contract Documents. ceipt of the Contractor's Application for Pavment. either l*sue a Certificate for Payment to the Owner, with a ARTICLE 9 , copy to the Contractor, for such amount as the Archicat determine is properly due. or nolifv the Contractor in PAYMENTS AND COMPLLi10N writing his reasons for withholding a Certificate as pro• !.1 CONTRAfTlUM vided in Subparagraph 9.6.1. ►:��ol� Ir ^i;� 9.1.1 The Contract Sum is stated in the Owner -Contractor 9.4.2 The issuance of i Certificate for Pavment will con. t . , Agreement and.' Including authorized adjustments thereto. stitute a representation by the Architect to the Owner. is the total amount payable by the Owner to the Contrac• baud on his observations At the site as provided in Sub - for for the performance of the Work under the Contact paragraph 2.13 and the data comorning the Application Documenla for Pavment. that the Work his progressed to the point indicated: that, to the best of his knowledge, information 92 NXIOULE at VALUIS and beliet. the 4vallty at the Work is in accordance with 9.&1 Before the fl"I Application fist Pavment. the Con- the Contract Documents itubiect to an evaluation of the tractor shall submit to the Architect a schedule of values Work for conformance with the Contract Documents allocated in the vartnw% portions tit the Work, prepared in upon Substantial Completion to the results of anv subse• 1 such form and ►upported by such data to substantiate oil .fluent tests required by or performed under the Contact accuracv as the Architect may require. This schedule. un• Document•: to minor deviations tram the Contract Dacu• lei -objected to by fist Architect. •hall he used only as 3 menN correctable prior to completion. and to anv specific bass\ 1nt the Cosmaettir'% Applications Our Pavment. qualincations stated in his Certitieaq}, and that the Can. !3 A/PLICATION! FOR ►ATMlNT Itacint i% entitled to payment In she amount certified. However. by 14ouing a Cetutocale for Pavment, the Atchu- Ic 9.3.1 Af laasi tan dew hefrsrtl the date for each progress suet .hall nut therenv ha oeantod to represent that lie liar payment established in she Owner-Cuniractur Agreement. made wrhawnle Itr rontinuuut •sn••ote .nfoections to the Cunnaeto► shall submit tit ine Architect an Itemized IhuCk thlt nuali11 car qu.nloh it the %%ork 9r coat he hall 4pplicaualn fit Pavment. nnianlsed it fewred. wpporiod •Ptiem;d the %mrostructuin means netnudt. tochnioues MA 00cumaml Atel r U VIN it1\OIt111W 11/ 111t 1'1/\tltAI ' '6 1r t • 9111:11% • %L(Mr 11'1 44* i1ft • flit w41114.1•• IM1111'rl III AN1111116,1. •:1 \1N ., •N► l.cVl l •. SS '.1l;ll.\CTalt N% ;%a A201-1976 13 „ 1 p t• Lt i M13 4 1 - r ' r ?`._; � t 1�1 J U - •.. F 0 L • DIVISION 0- y BID & CONTRACT SECTION 00830 PAGE 6 OP 11 Sao 7 REFERENCE MISCELLANEOUS PROVISIONS — GENERA?, y A. Add a new Paragraph 7.1.2 to read as follows: "The General Contractor and ALL Subcontractors must file each week a schedule of employees, wages paid, and other information required by Alaska Statute AS 36.05.040." B. Amend Paragraph 7.7.1 by changing the word "Owner" in the next to the last line to "Contractor." C. Delete Paragraphs 7.9; 7.9.1; 7.9.2; and 7.9.3• SGC 8 TIME (REFERENCE GENERAL CONDITIONS, ARTICLE 8) A. Add a new Paragraph 8.2.3 to read as follows: "Date for Substantial Completion shall be as defined in Paragraph 8.1.3 shall be as stated in Section 017010 Division it General Requirements, as modified by applicable Change Orders. Owner reserves the right to use or occupy the building or any portion thereof after receipt of a certificate of substantial completion thereof. B. Delete the words "pending arbitration" from the 9th line of Paragraph 8.3.1. SGC 9 PAAYY� NTS AND OOMPLETION (REFERENCE GENERAL A. Add a new Paragraph 9.2.2: "Schedule of Values must be submitted as soon as practical after the award of the Contract. In all oases Schedule of Values must be submitted at least 15 days prior to the first Application for Payment. Schedule of Values must show a complete breakdown of all phases of the Work required by the Contract Documents. In preparing Schedule of Values, Contractor ehp.11 follow the Specification Index, Section by Section, establishing a value for each section of work, including all applicable profit and overhead." B. Amend Paragraph 9.3.1 to read as follows: "On or about the first day of each month the Contractor shall submit to the Architect an itemized Application for Payment based on Schedule of Valuee, for a period from the first day of the month through the last day of the , y: month. Application for Payment shall be executed and submitted in five (5) copies on forme furnished by the Owner. Application shall be supported by such data ca substantiating the Contraotor's right to payment, as B86 u� L� „ r� DIVISION 0 BID & CONTRACT SECTION 00930 f � w r w r» w N a► w M +► +e w w w ee w e► w M w w wPAGE N of r11 the Owner and Architect may require, including lien re1e48e8 from all subcontractors and euppliere Indications that the previous months payment hoe been used to satisfy all obligations for which it was submitted. In &U .ennan whop aoel` � ine�en °A-g.'aft.f. Un DDa,�ment fay e!� mat..._..er�n sn itemized Bating of ouch material, substantiated by invoices for the material shall be attached to the Application for Payment and the total listed on the Application for Payment under tho line provided for "Stored Meteri018". Stored materiels must be on site. After Payment request has been submittedc correctly Certified ne a' a rOveop paymentWill e mad6---- WIthholdin e sum cue. Whenever ta work is e 0 %uweubmitte ,wpcoperTy�ceru1rseci and aDoroves navebeean wall C. Amend Paragraph 9.5.1 by deleting all of the sentence after the wordo "make payment" and substituting therefore within 30 days". D- Delete from Paragraph 9.7.1 the wording "or awarded by arbitration". E. Amend the next to loot sentence of Paragraph 9.9.1 to substitute the word "Final" for the word "Subaterrtial" in both places of appearance. F. Add to Paragraph 9.9.21 "Contractor shall submit in duplicate 'Contractor's Affidavit of Payment of p.he•e and Claims,' AIA Document G7069 'Contractor's Affidavit or Releaae of LAene,' VA Document G700 and 'Consent of Surety Company to Final Payment,' Document G707 (Documents may be obtained from Architect)." G. Add a new Section 9.10t "Inspection for Subotant Completion and Inspection for Final Completion." 88-7 C� c r� 1 i( U This document has important leeatl consequences: consultation with tin attorney is encouraged with respect to its completion or modilication. STANDARD GENERAL CONDITIONS Off' THE CONSTRUCTION CONTRACT Prepared by Engineers' Joint Contract Documents Committee and Issued and Published Jointly By i W> AM[RICAN yr�u� r'a+e► SOCI[rr Or Inj (�O V 1j PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPLVFICATIONS INSTITUTE This document has been approved and endorsed by cum Con The Associated General "� ° tractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (Nc 1910.8•A• I or 1910.8•A•2. 1983 editions). Their provisions are Interrelated and a change in one ma necessitate a change in the others. Comments concerning their ustage arc contained in the Commenter on Agreements for Engineering Services and Contract Documents, No. 1910.9. 1981 edition. Fe guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supple mentary Conditions (No. 1910.17, 191113 edition). When bidding is involved. the Standard Form 4 Instructions to Bidders (No. 1910.12. 1983 edition) may be used. No. 1910.8 11981 Edition) 0 Shop Dra►rfnpa—All drawings, diagrams. illustrations. schedules and other data which arc specifically prepared by or for CONTRACTOR to illustratj some portion of the Work and all illustrations. brochures. standard schedules, perfor- mance charts. instructions. diagrams and other infarmation prepared by a Supplier and submitted by CONTRACTOR to illustrate material orequipment for some portion of tha Work. Sperbleadons—Those portionb of the Contract Documents consisting of written technical descriptions of materials. equipment. construction systems, standards and workman• ship as applied to the Work and certain administrative details applicable thereto. Subcontractor. —An individual. firm or corporation having a direct contract with CONTRACTOR or with any other Sub• contractor for the performance of a part of the Work at the site. annstantralConrp►at►mr—The Work tors specified part thereof) has progressed to the point where. in the opinion of ENGI- NEER as evidenced by ENGINEER'S definitive certificate of Substantial Completion, it Is sufficiently complete. in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which It is intended; or If there be no such certificate issued, when final payment Is due in accordance with paragraph 14.13. The terms "substantially comp;ato" and "substantially com- pleted" as applied to any Work refer to Substantial Comple• Lion thereof. Supplementary Conditions —The part of the Contract Doeu• ments which amends or supplements those General Condi- tions. Snppller.—A manufacturer, fabricator, supplier, distributor. materialman or vendor. Underground F'acllltles—AII pipelines, conduits, ducts, cables. wires, manholes, vaults. tanks, tunnels orother such facilities or atthchments. oP4 any eneosoments containing such facil• -Wes-which-have been installed underground to furnisbany of . the following services or materials: ctecuicaty, gasesrtuart, liquid petroleum products, telephone or other communica- tions. cable television. sewage and drainage removal, traffic or other control systems or water. Unit Price Work —Work to be paid for on the basis of unit prices. Work —The entire completed construction or the various sop. arately Identifiable pans thereof required to be furnished under the Contract Documents. Work is the result of par - forming services. furnishing labor and furnishing and Incur. Mating materials and equipment Into the construction. all —\ as required by the Contract Documents. �J Work Directive C hanpe—A written directive to CONTRAC• TOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. 8 ,L a. ordering an addition, deletion or revision in the Work. or i II responding todifTeringorunforeseenphysical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time. but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequensl; !4 ,aed Change Order following negotiations by the parties as to its effect. if any. on the Contract Price or Contract Time as provided In Paragraph 10.2. Written Amendment --A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or 3 after the Effective Date of the Agreement and normally deal- ing with the nonengineering or nontechnical rather than strictly Work -related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS Delivery gfBonds: 2.1. When CONTRACTOR delivers the executed Agree• ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph S.1. Coplet of Documents: 2.2. OWNER sholl furnish to CONTRACTOR up to ton copies (unless otherwise specified in the Supplementary Con• ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work. Additional copies will be furnished. upon request, at the cost of reproduction. Commencement of Contract Time; Notice to Proceed: 2.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement. or. If a Notice to Proceed Is given. on the day Indicated In the Notice to Proceed. A Notice taProceed may be given at any ►, lima within thirty days afier•the Effective Date of the Agree• went. In no event will the Contract Time commenco to run later than the seventy-fifth day after the day of Did opening or the thirtieth day after the Effective Date of the Agreement. whichever date is earlier. Starting the Project: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract'fimo commences to run. but no Work shall be done at the site prior to the data on which the Contract Time commences to run. Ilefore Starting Construction: 2.S. Before undertaking each part of the Work. CON. TRACTOR shall earcibily study and compare the Contract Documents and check and verily pertinent figures shown • .t U 1 ,4 costs attributable to OWNER's evaluation of and determi• nation to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attor- neys and other professionals). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revi- sions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in tiro Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER ,11ay Cornet Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11. or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CON. TRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' writ• ten notice to CONTRACTOR, correct and remedy any such deti:iency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or pan of the site, take possession of all or part of the Work, and suspend CON. TRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWN ER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's represen- tatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and can - sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequen- tial costs will include but not be limited to fees and charges of engineers. architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction. removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not he nllowed an extension of the Contract Time because of any delay in per• formance of the Work attributable tothe exercise by OWN HR Q of OWNER's rights and remedies hereunder. 26 ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION to Schedule of Valuer: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before each progress payment is scheduled lbut not more often than once a month), CON. TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. if payment Is requested on the basis of materials and equipment not incorporated In the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of solo, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all lions. charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Lions") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be sat• isfactory to OWNER. The amount of a u Lwith respect to progress payments will be as stipuln s t Agreement. CONTRArTOR's Warranty of ruler 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Appli• cation for Payment. whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Lions. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate In writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to rec- ommend payment. In the lattor case. CONTRACTOR may make the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Application for Pay- ment with ENGINEER's recommendation. the amount roe- ommended will (subject to the provisions of the lust sentence of paragraph 14.7) become due and when duo will be paid by OWNER to CONTRACTOR. 14.3. ENGINEER's recommendation of any payment requested In an Application for Payment will constitute a I•• j HI . ; .• - 7 L ' b ttom�+► ��i.f7R, `,,S• • ��, •• :ay,3 v.�. �ierKa�� ��. �,ti�•~•„� • r; V•t y1 i �t�i; � •�� •�;M,�":!!�'.��iY����.��.rlR�'ii��1s.;'b'� \yy \, ��'� �l�'i► �ivf!�e,• � • .fit.• ��.. ,� 1RD� Sp IIC ATI,®NS )raira 'e"=';'lt Ilties ar s Y Article 7.5 Progress Payments . ' The Contractor shall submit to the Engineer an Application for Payment, on the forme furnished, supported by such data as the Engineer may require substantiating the Contractor's right to ` payment for Work done during the preceding calendar month. The Engineer will, within seven (7) days after receipt of the Appli-cation for Payment, either approve a Partial Payment Estimate and • -i present it to the Contractor for signature or notify the Contras- „ for in writing his reasons for withholding approval. Approved �+ Partial Payment Estimates shall be received by the Owner within ( two (2) days after execution by the Contractor. The Owner will " process Partial Payment Estimates and make payment to the Con- tractor within fifteen (15) days of receipt of the Partial Pay- I` ment Estimate. If the Owner fails to make payment to the ment {{ `' Contractor within forty-five (4 5) days of receipt of the Partial Payment Estimate, the Contractor may, upon seven (7) days written ,} notice to the Owner and Engineer, suspend the Work. The Contrac- for shall take every precaution to prevent any damage or unrea- eonable deterioration of the Work during the time it is suspended: Retains ei The Owner will retain ten ercent (10%) of the total_ earnings to date until the Work s completed and accepts How- ever, if the Owner at any time after fifty percent 509 of the Work has been completed determines that satisfactory progress is maintained, the Owner moray continue to hold the reta nags to date and authorize progress payments to the Contractor "in full for ;. Work performed beyond the fifty percent (501) stage of comple- Lion. After ninety-five percent (95%) of the Work has been i' satisfactorily completed, the Owner ma reduce the retention to We.- two percent (2%) of the earnings to interest -on retainage shall accrue at the rate of eight percent (at) per annum, simple interest. No interest shall accrue and no interest shall be paid on sums which are withheld as provided for hereinafter. Withholding: In addition to retainage, the Engineer may withhold -- -"� f � ' from a progress payment for any of the following reaeones, Defective Work# ' y Claims by Subcontractors, suppliers, laborers, or -the Alaska Department of Labor# w Claims made directly against the Municipality alleging }} an act or omission on the part of the Contractor, • I� �:I Subcontractors, or their agents in connection with the a Work# Damage to the Municipality# !� Reimbursements for Work done by the Owner because of any I ' failure to carry out the Work in accordance with the �� � 7 i CAA fIf *aA� flA�fn.nw4 n 048 o.: • �° �� OJT yaw off° �►�� �' p!'`� �'4 - N� G G F Liquidated damages.! Progreso payments shall not be construed as an acceptance or approval of any part of the Work covered thereby and they shall in no manner relieve the Contractor of responsibility for defec- tive workmanship or material. The estimates upon which progress payments are based are not represented to be accurate estimates, and all quantities shown therein are subject to correction in the final estimate. If the Contractor uses such estimates as a basis for making payment to ;- Subcontractors, he does so at hie own risk and he shall bear all lose that may result. The making of progress payment under the Contract, either before or after the date set for completion of the Work, shall not operate to invalidate any of the provisions of the Contract or to release the Surety. Article 796 Payment of Claimants Any claim received by the Engineer against the Contractor or Subcontractors from any materialmen, laborer, supplier, Subcon- tractor, or the Alaska Department of Labor will be forwarded to the Contractor by certified mail as soon as practical following receipt by the Engineer• Thirty days after the Contractor's receipt of the said notice, the Owner shall be authorized by the Contractor to pay the claim from the earnings of the Contractor unless the Contractor has notified the Engineer in writing by certified mail that the said claim is contested or proof that it has been paid. Only upon receipt of such notice is the Owner's authority to pay the claim revoked. Revocation of authority to pay a claim shall not prohibit the Owner from paying any claim, levy or attachment under compulsion of law. Sums withheld pursuant to disputed claims will not be paid to the claimant except where compelled by legal authority. Such sums • may be paid to the Contractor upon the filing of a statement by the Contractor and his Surety on the form furnished by the Engineer stating thate (1) the Contractor contests the validity of the claim: (2) that the Surety acknowledges responsibility for the payment of the claim in the event it is valid ands (3) that the Contractor and the Surety specifically agree to hold the Municipality harmless for making payment to the Contractor of the sums withheld. In the avant that the Contractor revokes authority to pay a claimant as provided herein and refuses to execute the said statement referenced above, the Municipality may institute an in• u`=' terpleader action in Superior Court, Third Judicial District, and all Court costs and attorney's fees incurred by the Municipality shall be paid by the Contractor or the Surety. Claimants are not " • 848 41 .. L / - a • �° �� OJT yaw off° �►�� �' p!'`� �'4 - N� G G F Liquidated damages.! Progreso payments shall not be construed as an acceptance or approval of any part of the Work covered thereby and they shall in no manner relieve the Contractor of responsibility for defec- tive workmanship or material. The estimates upon which progress payments are based are not represented to be accurate estimates, and all quantities shown therein are subject to correction in the final estimate. If the Contractor uses such estimates as a basis for making payment to ;- Subcontractors, he does so at hie own risk and he shall bear all lose that may result. The making of progress payment under the Contract, either before or after the date set for completion of the Work, shall not operate to invalidate any of the provisions of the Contract or to release the Surety. Article 796 Payment of Claimants Any claim received by the Engineer against the Contractor or Subcontractors from any materialmen, laborer, supplier, Subcon- tractor, or the Alaska Department of Labor will be forwarded to the Contractor by certified mail as soon as practical following receipt by the Engineer• Thirty days after the Contractor's receipt of the said notice, the Owner shall be authorized by the Contractor to pay the claim from the earnings of the Contractor unless the Contractor has notified the Engineer in writing by certified mail that the said claim is contested or proof that it has been paid. Only upon receipt of such notice is the Owner's authority to pay the claim revoked. Revocation of authority to pay a claim shall not prohibit the Owner from paying any claim, levy or attachment under compulsion of law. Sums withheld pursuant to disputed claims will not be paid to the claimant except where compelled by legal authority. Such sums • may be paid to the Contractor upon the filing of a statement by the Contractor and his Surety on the form furnished by the Engineer stating thate (1) the Contractor contests the validity of the claim: (2) that the Surety acknowledges responsibility for the payment of the claim in the event it is valid ands (3) that the Contractor and the Surety specifically agree to hold the Municipality harmless for making payment to the Contractor of the sums withheld. In the avant that the Contractor revokes authority to pay a claimant as provided herein and refuses to execute the said statement referenced above, the Municipality may institute an in• u`=' terpleader action in Superior Court, Third Judicial District, and all Court costs and attorney's fees incurred by the Municipality shall be paid by the Contractor or the Surety. Claimants are not " • 848 41 .. L / - a r� intended beneficiaries of this Article and shall have no recourse4 against the Municipality for any failure to pay claims from Bums withheld from the Contractor. Article 7.7 Final Payment Upon acceptance of the Work, the Engineer will accopt a request for the Final Payment. The retains a shall be held by the Owner for a period of not fees tan ays o ow,ng Ene na 'Acce ance or the WorX. go' F1naPayment enall Be made until �►e za* Contractor has riled with the Engineer, prior to acceptance of the Work, a notarizeA Certificate of Compliance in the form substantially as follows: i(we) hereby certify that all Work has been performed and materials supplied in accorAance with the Contract Documents for the above Work, that not less than the prevailing rates of wages as required by the State Statute have been paid to laborers, workmen, and mecha- nics, that all payroll taxes have been paid, and that all claims for material and labor and other services performed in connection with these Contract Documents have been satisfied. There shall be deducted from the final payment any sums withheld pursuant to Article 7.6 - Payment of Claimants. Article 7.8 Correction of Work after Final Payment Neither the final payment nor any progress payment shall relieve the Contractor of responsibility for faulty materials or work- manship and he shall remedy any defects due thereto and pay for any damage resulting therefrom which appear within a period of one year from the Final Acceptance Date. The Owner shall give notice of observed defects with reasonable promptness. The Contractor shall initiate corrective action within give (5) days after written notification from the owner. 848 ' o . _. S� 1 A APB SITEWORK 0 1 1 KENAI ELEMENTARY SCHOOL Kenai, Alaska y b Kenai Peninsula Borough Scholl District Wirum & Cash, Architects 500 L Streek Sun@ 500 Anchorage` Alaska 99601 (907) 276-3400 L 8.1.6 8.1.7 8.2 8.2.1 8.2.2 0.3 8.3.1 E� t The Project Representative will review the Contractor's application for Progress Payment within seven (7) working days after receipt and if the Project Representative ascertains that the amounts set forth therein are properly due and owing to the Contractor, then the Project Representative shalt issue a Certificate of Payment to the Owner. if the Project Representative determines that only a portion of the sum requested as a Progress Payment is then properly due and owing to the Contractor, then the Project Representative may, at his option, issue a Certificate of Payment in a lesser amount or may reject the application altogether. The Project Representative will j provide a notification in writing to both the Contractor and the Owner as to the reasons for reduction or rejection of any application for Progress Payment. The Project Representative's issuance of a Certificate of Payment constitutes a representation by the Project Representative to the Owner that the work has progressed to the point indicated and that to the best of the Project Representative's professional knowledge and information. Contractor is entitled to payment in the amounts certified. RETAINAGE After receipt by the Project Representative of the Certificate for Payment, the Owner shall make payment to the Contractor within thirty for material and equipment not properly storms a^A "4:l' ft damage prior to use. ,Amounts retained by the Owner may be held by the Owner untilyroject completion. The Owner may withhold additional sums of money from the Progress Payment in an amount sufficient to safeguard and protect the Owner against any apparently meritorious claims arising against the Contractor by any party other than the Owner and for any work which the Owner ascertains to be defective or not meeting the minimum requirements of the Contract Documents. ..kUNDITIONS OF PAYMENT The Project Representative may refuse to approve all or any part of any request for Progress Payment if, in the Project Representative's opinion, it would be incorrect to make representation set out in Article 8.1.7 to the Owner. The Project Representative may also refuse to approve all or any part of any request for Progress Payment because of subsequently discovered evidence or the results of subsequent inspections or tests that nullify any such payment previously approved, to the extent necessary to protect the Owner from loss resulting from: 1. Mork which is defective or work which has been damaged and requires corrections and replacement; KPB.GC'S MARCH 1986 �L PAGE 0070042 L.. L. • [II L L • Ir u 8.4.4 When the Owner determines on the basis of his inspection and the -� - recommendation of the Project Representative and the Architect that -- the work, or a specific portion of it, is substantially complete, oil then the Project Representative will issue a Certificate of Substantial Completion. There shall be included into the certificate a list of items which must be completed or corrected before Project an � - Closeout Payment is made, and the Certificate of Substantial - Completion shall fix the time within which such items shall be -: ' complete and corrected. The failure to include an item on this list T does not alter the responsibility of the Contractor to complete all �. # work in accordance with the contract's requirements. 8.4.5 The Certificate of Substantial Completion shall state the date of the f.. Substantial Completion and the respective responsibilities of the '=a Owner and the Contractor for the maintenance; insurance and security I of the work. The Certificate of Substantial Completion shall specifically authorize the Owner to take possession of the premises and utilize them for the purpose for which they are intended. The Owner's beneficial occupancy of the premises shall make reasonable allowance for the performance of the work which the Contractor must complete prior to final completion. All warranty periods shall begin to run on the date of Substantial Completion. 8.4.6 It the Contractor tails to complete or correct work required by the Certificate of Substantial Completion within the time allowed, then the Certificate of Substantial Completion shall be voided and the contract time expended by the Contractor shall be counted and the acceptability of the work shall be inspected as if a Certificate of ;;,.: ::,_'a,,:_; "':•�'�"•• '•`� Substantial Completion had not been issued. °-" ' 8.4.7 If the Contractor has requested that the Project Representative and Owner make an inspection to ascertain Substantial Completion, and if v the work is not then substantially complete, then the Contractor WRI .� ,, ,`. � �d�•. �- shall be liable for all costs of the Owner, the Architect, and the �4—=n Project Representative which have been incurred in making the inspect ion. - — T. q14 & ,Vp�n'4ubstant�ial Completion of the work or designated portion thereof, and'upon application by the Contractor and certification by r the Project Representative, the Owner shall make a eat retlectin a us in retains a if an or suc woe or po,� ereo as prov e In e ContractDocuments. - "'°�= 8.5 FINAL COMPLETIONS AND FINAL PAYMENTS - 2_ 815.1 The terms Final Completions) and Final Payment(s) contained herein _< are plural in context and represent both the finalization of (1) the construction phase and (2) the normal o ea d, hese steps are to be subsequent to the construction phase. identified on the schedule of - represented by lump sum dollar amounts. vel11ps as (1) Project Closeout Payment and (2) Warranty Period _ -- - Payment. The Project Closeout Payment represents a sum of money to U =1_ = perform all tasks necessary from substantial completion to completion KP8-GC'S PAGE 00700-34 MARCH 19R6 i A2 , 71 o i 3 Contractor to furnish a bond in a form and in an amount satisfactory to indemnify the Owner against tosses occasioned thereby. If any additional costs to settle the claim or to correct work of doubtful quality accrue to the Owner in excess of the indemnity available to the Owner, then the Contractor shall refund to the Owner all and costs which theincludingeall litigation(s) costswand reasonableoattorneyelledtfees. 8.5.5 The acceptance of Project Closeout Payment by the Contractor constitutes an explicit waiver of all claims which the Contractor might assert against thA Owner except Lhose previously made in writing and identified by the Contractor as unsettled at the time of the final Application for Project Closeout Payment. 8.5.6 8.5.7 8.5.8 I b 4 4 The making of Project Closeout Paymer:t to the Contractor shall constitute a waiver of all claims which the Owner might assert except those arising from: 1)unsettled claims; 2) faulty or defective work which appears after substantial completions; 3) failure of the work to comply with the requirements of the Contract Documents; 4) the requirements of any warranties required by this Agreement. If, after Substantial Completion, Construction Completion is delayed through no fault of the Contractor, or by the issuance of change orders affecting Construction Completion, then the Project Representative shall recommend to the Owner, and the Owner may extend the contract time by a reasonable period and shall accept certificates for the making of further Progress Payments. The contract sum identified on the schedule of values as "Project Closeout" shall be based on the Contract award in an amount as follows: Contract Amount $100,000 - =249 000 $250,000 - $499,999 $5000000 - $1,999,999 $2,000,000 - $4,999,999 $5,000,000 - $9,999,999 $10000,000 - $19,999,999 $20:000,000 a up $6,000 $60000 plus 2% $10,000 plus 1.5% $32,500 plus 1.0% $62,600 plus 0.76% $100000 plus 0.5% $150:000 plus 0.25% Thus upon completion of all requirements identified in Paragraph 8.6.1 as "Project Closeout," the funds representing same shall be released to the Contractor along with the "Certificate of Construc- tion Completion." Upon issuance of Certificate of Construction Completion, all contract sums shall be accounted for to the Contrac- tor, and shall be r0 d to the Contractor except for the Warranty Period Pa;meF!;, based on the Contract award in an amount as follows: KP8-GC'S uanpoo •war. PAGE 00700-36- His FJ pp I a F ■ ■ 8.6 8.6.1 8.6.2 8.6.3 8.6.4 8.6.6 Warranty Period Amount Applied Contract Amount On Excess of Prior Bracket $100,000 - $249#999 s2,600 $260,000 - $499,999 $2,600 plus 1% $500,000 - $1,999,999 $5,000 plus 0.76% $2,0000000 - $4,999,999 $16,250 plus 0.5% $5.000,000 b up $31,250 plus 0.25% TIME the time permitted for construction of the work will run from issuance of the Notice to Proceed through the dates for Substantial Completion as specified in Agreement between Owner and Contractor, unless a specific completion date is specified. The term "day(s)" as used in this Agreement shall mean "calendar day(s)" unless specifically stated otherwise. All warranty periods and obligations accruingg to the Contractor through completion of the work shall be considered to begin on the date of Substantial Completion (or the Owner's beneficial occupancy of the work, whichever date is later). The Contractor shall begin the work as soon as possible after issuance of the Notice to Proceed and shall prosecute the work expeditiously and with adequate labor and materials. However, the work must begin within thirty (30) days after Notice to Proceed,, unless the Owner decides to extend this time, at the Owner's discretion. Time requirements stated in this Agreement are of the essence to this contract. The parties, recognizing the difficulty of quantifying the damages and inconvenience suffered by the public when a public project has not been completed within the time allotted$, agree that liquidated damages shall be utilized to measure any loss suffered by the O•aner:by reason of. the contractor's unexcused delay.. The amount 1 of liqui!detod•damages shall.be set forth in the Supplementary Conditions. The parties explicitly agree that the amount of liquidated damages bears a reasonable relationship to the requirements of this contract and to the potential inconvenience • suffered by the Kenai Peninsula Borough. Claims for extension of time will only be considered if they affect "critical path" items, specifically identified in the schedule net- work required in Paragraph 4.2.1 and in the Supplementary Conditions. Any claim for extension of the contract time shall be made in writing to the Owner not more than twenty (20) days after the commencement of the reason for the requested extension. Otherwise any claim for extension of time or extra costs shall be waived. KPB-0C'S MAOFM loan .. L PAGE 00700-37 FEDERAL PUBLICATIONS INC CLAIMS & THE CONSTRUCTION OWNER al THE AUTHORS This program was prepared by the two members of the Course Faculty - whose qualifications are oet forth below. -It represents countless hours of Intensive research, analysis and organization. Roy S. Mitchell Senior partner in the Washington A.C. law firm of Lowie, Mitchell 6 Moore. Author of a selection or monagraphe and papers on construction iaw problems. Lecturer for George Washington Unnivver�sit�, the Universities of San Pranciscc an R-e vor Po erdina Univereit eho American Bar Aeaociation and similar institutions of learning. Vormor Chairman of the American gar Aeon. s Section of rpblip,COi=AL-law. Member of the American Arbitration Assn. 'e National Panel of Arbitratore. Evans M. Barba a �+ �01 President of The Arkhon Corporation (Cherry Hill, N.J.) a contract man- agemont consulting firm. Specialist in the avoidance, analysis, preparation and resolution of construction claims. Registered Professional Engineer and Registered Professional Planner. Has lectured extensively throughout the United States and Canada for universitieq and proieeeional societies on construction claims issues. Member of the American Arbitration Assn.'e National Panel of Arbitrators, and numerous professional associations. L 1� 314 i� _r 3. N, 0T_ 9 i "82006 VIAOUGA"080 ON& a n that the contractor will not be able to timely ccm- plate the contract, may terminate the contract and then obtain completion by others at the contractor's expense. Under a Termination for Convenience clause the owner may terminate the contract, without committing an actionable breach, whenever it is in the owner's best interest to do so. This is a parti- cularly important clause to have in a contract from an owner's point of view because of the flexibility it allows. (5) Payment A provision in every contract of obvious significance is the payment clause which usually calls for payment based on a percentage of contract completion, with the owner retaining a set percentage, such as lot, to insure that the con- tractor fully performs hie work. (See paragraph 3.2.1 of the AIA Form A201, Appendix A). Clauses in the contract which allow the owner to change the contract or to suspend the work are not necessarily covered by this clause and are usually con►Adered separately for payment purposes. ewoomlb. RISK MINIMIZING CLAUSES in an -effort to insulate itself from liability which may be imposed by other contract clauses or impliedly in law, an owner may include exculpatory clauses relating to (1) Coordination Requirements, (2) No Damages for Delay, (3) Site Investigation, (4) Subsurface Data and (S) Site Availability. Such clauses are legally valid but may be read strictly by courts interpreting them, depending upon the facts of the case and the juris- diction involved. (1) Coordination Requirements on a large construction project where several contractors are working side by side, or in succession, it is necessary that the work be coo"'M% nat d so that each contractor will be able to perform hi© part of the work when the time arrives. Other- wise a contractor who is delayed significantly in some early aspect of performance will impact sub- sequent contractor's progress and the owner may find himself liable as a result. Many contracts contain clauses which attempt to insure that one contractor will not adversely affect anther's progress by re- quiring that the several contractors coordinate the work among themselves. If the contract does not 39 =< I fv' G �i SUPPLEMENTARY CONDITIONS OF THE CONTRACT Vic Zo e 1 0e following supplemento modify: change, delete from or add to the General Condit o! the Contract for Constructions AZA Docwneat A201, Thirteenth Edit on u ust 1 an spec ea y are Wife — a par o e on Vac ocumen'�'e: ere any Article of General Conditions is modified t+r any paragraph. subparagraph or clause thereof io -modified or deleted by this supplements the unaltered provisions of that Article. paragraph, subparagraph or alsuse shall remain in effect. ARTICLE It CONTRACT DUUMINTS a. 1.1 Definitions: Add the following paragraphat 1,1,5 Index The Index hereof and the captions of the Articles and Paragraphs hereof are for convenience only and shall not be considered in resolving questions of interpretation or construction. 1.1.6 Notice of Termination The toga "Notice of Termination" as used in the Contract Documents is the written certification signed by the Owner or his representative and corti- fiea that the Work boa been substantially completed or that the Work has been abandoned by the Owner or that the Contractor is in default under the terms of the Contract. The Notice of Termination may be filed with the Clerk of Court for the Parish in which the Project is located•as provided by Logislana R. S. 9t4822 as amended kZ t 24 of 1981. b. 1.3 Ownership and Use of Documentst Add the following: 1.3.1 Revise the first sentence to read ae followat 1.3.1 - All Drawings,. Specifications an$ copies thereof furnished by the Architect are and shall remain his property, except as may be otherwise provided in the Agreement between the Architect and the Owner. 1.3.2 For this particular project the maximum number of drawingo and Welfica- tions furnished to the Contractor Eros of charge is ten (10). Additional copies which the -Contractor may -request will be furnished at reproduction. cost. ARTICLE 2s ARCHITECT 2.2.2 Add the following to the paragraph: Because the owner has contracts with both the Architect and the Contractors the Owner may communicate as it deems necoasory- A copy of all vrltton co:m►:unlContrnctorfrom shaii bocontractor conchi urrentiyctotthe Owner* ect or m tt1O Arct�ltuct er.= to the a C). 2.2.6 Add the following to the paragraph: The Owner shall perform all rovict•Y and accounting of all coots pot forth In any Controctor'a Application for raywint and wilt :aaLo all such _ determinations within its sole discretion. Such deturninatJons are not Pub- jeet to rcfervai to the Architect nor to arbitration procoodissra. _ Ell �1 ,.0 iti 4 1 j Ci P.O1P: 0 J�yIP g PAYMENTS AND COMPLETION 1 , 3 Applications for Payment; Delete paragraph 9.3.1 in Ito entirety and sub- stituto the followings 9.3.1 - At least ten days before the data for each progress payment a*- tablished in the Owner -Contractor Agreement, the Contractor shall submit to the Architect an itemized Application for Payment in a form acceptable to the Architect, the Owner, the Trustee and Lender, which shall be sub - mitred in five copies. The A licatton will be for an amount equal to ninet 902ercent:;f —the Contractors Fee Earned of the value of oboe and matoria s ncorporate Into t e or , an o materials suitably_ otore at the alto ereo up o e as ay o e prey ous men lose j the aggregate amount Of rev ous a meats aproved. The Application, notarized if required, GUaLa supported by such data substantiating the i Contractor's right to payment as the Owner or the Architect may roquire. The retains a shall not be due the Contractor until the expiration of the thirty 30 day claim and privi.e e an su m as on tote rc tact o a certificate from the cleric of the Court that no statement of claim or Privileae was USE u, 1T N /♦E�- ,� 10�0 3o n,.��y�N�,�. b. Add the following paragraph 9.3.4s f,04 A17 P 9.3.4 - Each Application made by the Contractor shall constitute a war- ranty to the Owner that the Work has progressed to the point indicated; that to the best of the Contractor's knowledge,information and belief, the quality of the Work is in accordance with the Contract Documents, subject to an evaluation of the Work for conformance with the Contract *Documents as set forth In -paragraph 9u8.10 to the results of -any sub- o9quent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctible prior to completion; and that the Contractor is entitled to payment in the amount roquestod. However, by making payments upon any application for payment received by the Owner, the Owner shall not thereby be deemed to repre- sent that he has made any on -site inspection to chock the quality or quantity of the Work, or that be has reviewed the construction means, methodo, techniques, sequences, or procedures or that he has made any examination to ascertain ho"ndonaccount of theCost oftheWork or ropp�the nc tor has used the moneys previously pi the Contractors Foe. e. 9.4 Certificates for Payment; Add the following to paragraph 9.4.2% The issuance of a Certificate for Payment by the Architect to the Owner, does not include any cost accounting review of the Contractor'o Applica- tion. d. 9.5 Progress Payments; Delete paragraph 9.5.1 in Ito entirety and substitute the followings 9.5.1 - After the Architect has issued a Cortifieate for sting t, the Owner shall review the Application lov Payment, the duppo.` P nanin , •- , tion and the Certificate for Payment And perform an costs allowed in the Owner - Contractor Agreement. shall make payment in the manner and within the time provided in the Con- tract Documents. -7- FA Y CITY OF KENAI 42 afOIIDAIAO UMA1, AUMU M11 TOXI MOMQsea•MB MEMORANDUM TOI Kenai City Council FROMI Janet Loper# Planning Specialist SUBJECTI Proposal to Combine Landscaping Board and Planning do Zoning Commission DATEI July 16# 1986 On July 159 19669 the Landscaping Review Boards the Planning & Zoning Commissions Councilman Hall, and Councilmen Wise met jointly to discuss the proposal by Council to combine the duties Of the two bodies. It *as the concensue of the two bodies that the interests of the public and Javelopere would be beet met if the two bodies remained separate and that the Landscaping Review Board absorb the duties of the Site Plan Ordinance and the review of the Townsite Historic Zone ae recommended by the Old Town Committee. It was suggested :fiat the new body be called the Site Review Board or Site Plan Review Board and that the proposed Site Plan Ordinance and Townsite Historic Zone be amended to reflect the change pending approval by Council. -Y' JTl n r: 4. .A a � o• r , l.- f; - U JY R3' r J� C EM rE C- -I 'a CITY OF KENAI CapAd aj 4&dZa P f 00IM&SO 014AI, AUSM Mlfii TQLBPMO��d p!1.7d�6 /Yv -p�� -7 June 179 1986 TO: Landscape Board FROM: Janet Whelan �JW City Clerk RE: Ordinance 113 -86 At the June 11# 1986 work oeesion, the following amendments were made to the ordinance: 14.30.030 (a) Add the words "within 300 ft." after the word "property" in the first line. 14.30.030 (c) Delete the words "kinds of building materials." 14.30.040 (b) Sentence will read in its entirety, "A commercial or industrial use housed in the building is to be compatible with the surrounding properties, Land Use Plan, and not be hazardous to the health, safety and welfare of its citizens. General recommendations of Council were: 1. The Landscape 0eard should be combined with the Site Plan Committeo and P&Z. 2. There should be a penalty if they do not conform. 3. The Site Plan ordinance should be combined with the Landscape ordinance. 4. This ie not a site plan, it is an architectural review. I have oleo enclosed a memo from Building Inspector Hackney regarding this ordinance. jw 1 t _V... 3 . 7: - s n F Suggested bye Planning 6 Zoning CITY OF KENAI ORDINANCE NO. 1132-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 14 WITH THE ADDITION OF CHAPTER 14,1n ENTITLED "SITE PLANS". WHEREAS, the 1980 Comprehensive Plan presented criteria for creating a Site Plan ordinance (21.76.200) which would deal with a Site Plan Ordinance; and, WHEREAS, the Kenai City Council directed the Kenai Advisory Planning & Zoning Commission to work with the draft presented and return a recommendations and, WHEREAS, the Landscaping Review Board, Old Town Committee, and the Planning Commission have all worked together and created the draft before the Council at this time and feel it meets the needs and desires of the Council and Community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follower Section Is The Kenai Municipal Code Title 14 be amended by adding 14.30. as defined by Exhibit A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th. day of June. 1966. ATTESTS enet Whelan, City C er WORK First Readings May 7, 1906 Second Readings May 21, 1966 Third Reading: June 40 1986 Effective Dates July 40 1986 A (711' . wn--T- Z-W _J d:rr F Chapter 14.30 SITE PLANS Sections 14.30.010 Intent 14.30.020 Applications 14.30.030 Submittal Requirements 14,30.040 Site Plan Performance Criteria 14.30.010 Site Planes Intent* It Is the intent of this section to provide for orderly end safe development of the City commensurate with protecting the health, safety, and welfare of its citizens, and adequate and convenient open space,, light, and air, in order to avoid congestion of commercial and industrial areas. 14.30.020 Apelications (a) This section shall apply to all commercial and industrial development within the City of Kenai. An applicant for a City of Kenai building permit in a General Commercial (GC), Central Commercial (CC), Heavy Industrial (IH), or Light Industrial (IL) toning districts, shall, in conjunction with submittal of a landscaping plan as requirod by KMC 14.25.010.070, submit a proposed site plan detailing the development to the City of Kenai Planning 6 Zoning Commleeion for approval accompanied by the application which shell contain pertinent date for review. It shall be unlawful for any person to construct, erect or maintain any structure, building, fence or improvement, including landscaping, perking and other facilities on property designated as a commercial tract or Townsite Zone unless ouch imprivements are constructed or reconstructed In a manner consistent with the ►.pproved commercial/Towneite tract site plan. 14.30.030 Site Plan - Submittal Re uirementos Three copies of the site plan shall be aad to the Sui ding Official n conjunction with a request for building permit in compliance with this section. The site plan shall be prepared at a minimum scale of 1" s 201; and shell include the following informations a) The vicinity of the property that is the subject of the application, showing that property in relation to the surrounding neighborhood and major streets and utilities; b) The location and type of existing land uses and structures; c) Description of buildings, including building height, ground floor dimensions, kinds of building materiels, type of archi- tecture anticipated; d) Physical features of the property including location of all buildings, ingress and agrees, any unusual features of the 0 property which may restrict development or drainage. e�. I ft 14.30.040 Site Plan - Performance Criteria (a) Objectives: An effective site plan should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention and improvements of buildings, parking lots, etc. should be considered on the site plan. (b) Buildingse A Commercial or industrial use housed in the building is to be compatible with the surrounding properties, Land Use Plan, and should not devalue the surrounding properties nor be hazardous 1 the health, safety, and welfare of citizens. (c) The Site Plan shall list any special permits or approvals which may be required for completion of the project. (d) Parking Lotse referenced on the Site Plan shall comply with to 14.20.250 (a) Snow Storage/Removal and Drainage as referenced on the Site Plan shall be compatible with the surrounding area. r tom. r r MEMORANDUM s?� TOt Janet Whelan, City Clerk FROMt Howcrd Hackney, Building Inspector o OATEt June 169 1986 SUBJECTt ORDINANCE 1132.86 - SITE PLANS Sec.14.30.O30. The site plane should be submitted to the Planning _ and Zoning Specialist. She is the Planning and Zoning secretary and sets up the agenda for the meetings, sendo out the packets and sees that material is at the meetings as needed. HH/aw Y .+i lam" U V 1 Av J 1*1 v 1 Cr i ' ASSIONMBNT ON LEASE THIS ABSTeNMENT, entered into between, BD ZEHRUNO, of 6401 Ridgotc00 Circle, Anchorage, Alaska, 99516, hereinafter referred to an the Assignors and STEVE BOOTH and JEAN L.BOOTH and TERRIE A. 2EHRUNO- of Post office Box 2786, Soldotna, Alaska 99669, dba as B67, VENTURES, horoinaltor colorrod to 00 the Aooignoo. Aooignor does horoby assign and transfer all of his intorost in the loaoohold catato as evidenced by that certain Lease Aqroomont with the City of Kenai Recording District, and covering the rollowing-doocribod coal proportys Lot 13 Alyouka Subdivision, Kenai Recording District, Third Judicial District, State of Alaska. TO HAVE AND TO HOLD the name from the data horoof, for and during all of the remainder yet to come of the term of said Lease Agreement. Assignao agroea to comply fully with all the terms and provisions oof the Lease euand to hold the Aooignor hacml000 from any ty ing thor IN WITNESS WHE the ooi Ass nor has horounto oat his hand and seal this day of 1956. BD ZE49NG, Assignor POR B6Z VKNT498r) Aosignoo L. BOOTH, Assignee TERRIE A. ZEHR NO, Asoigno0 STATE OF ALASKA THIRD JUDICIAL DISTRICT ► oe. THIS IS TO CERTIFY that bofore me, the undorsignad, a Mary Public in and for the State of Alaska, duly commianionod and sworn as such, personally apppoarod, ED ZEHRUNO, known to me and to of known to be the identical individual named in and who exdeutod the above signedand andlocalodnthencamemasthisnfreeoandknowledged to voluntary actmandhat dea » for the uses and purpouoo therein mentioned and not torthe Page Ono, ASSIONMENT L r) IN WITNESS WHEREOF, I have r�u t o act affixed my official coal, thio_ ky of On4 and BLIC OF ALA SKA eion Expiroul__ L STATE OF AASA ) K\ /� Be. v THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that before mot the undornignod, a Notary Public in and for the State of Alooka, duly commioofonod and eworn Ga ouch, poroonally appeared., STEVE BOOTH known to me and to me known to be the identical individual named in and who executed the abovo and foregoing inotrumont, and who acknowlodg0d to me that he aignod and cooled the oamo as hia froo and voluntary act and dead, for the u000 and purpoaoc thoroin mentioned and riot forth. IN WITNESS WHEREOF, I Nhova horount s t my hand Q''dffixtld my official Goal, this �i44 day of NOTARY PUBLIC OV,.,ALhgKAee My Commionion Expirme,A 4 � My STATE OF ALASKA ) I ) aa. THIRD JUDICIAL. DISTRICT ) THIS 19 TO CERTIFY that boforo Moo the undoroignod, a NOtory Public in and for the State of Alooka, duly commiooionod and Sworn Go ouch, poroonally a ponrod JEAN L. BOOTH known to mo and to me known to be the identical in�ividuol named in and who executed the above and foregoing inatrumont, and who acknowledged to me that oho aignod and coaled the oamo no her tree and voluntary act and dead, for the uuco and purpooGo thoroin mentioned and cot forth. IN WITNESS WHEREOF,I vo horoun o of my hand nd atq�,><od my official coal, this day of ,19, E*..,j11 01 l ,urn' NOTARY PUBLIC P' h9KA rAd My Comminaion pi�tt)d,Y' STATE OF ALASKA ) ) as. THIRD JUDICIAL DISTRICT ) Pago Two, ASSIGNMENT L ANI-1 1 THIS IS TO CERTIFY that before too the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn ad such, personally appeared, TERM A. SEHRUNG known to me and to me known to be the identical individual named in and who executed the above end foregoing inatrumant, and also acknowledged to mG th5t oho aignod and Gealod the eamo as her free and voluntary act and dead, for the ueoG and nurposos thoroin montionod and Got forth. IN WITNESS WHEREOF, avo hot t -Got m nd and af•rlxod my official Goal, thiG day of , `� ", .1. � :. ,.... y f STATE OF ALASKA ) ) on. THIRD JUDICIAL DISTRICT ) Page Three, ABSIONNENT U o t: f� _uo 11 . _ r - i, • 1 y I' , F �j CITY OF KENAI „od eta sno 11taIA10 tcmu►�. �usxn Nay TU MON8 8f.1 • Tale July 169 1986 Steven S. Roes, Esq. 3900 Arctic Boulevard Suite 201 Anchorage, Alaska 99503 Ret Late 10, 11, 12, and 149 Block 1, CIIAP Your Clients Beluga Development Corporation Dear Mr. Roeot The Land Manager hoe forwarded your letter of June 269 1966 to the Legal Department for review. Please be advised that this. department generally represents the City in these renegotietione. Any disposition of rental rates through renegotiation is subject to final approval by the City Council and/or administration. In your letter you first set forth a summery of what you believe are the City's poet actions. This "history" is somewhat biased from Belugo's point of view. I would disagree with your characterizations of how the City hoe treated Beluga Development and all lessees in general. The City hag not at all times refused or failed to renegotiate the lease termo on every fifth anniversary. While in the pest Beluge Development may -have balked at paying increased rental, they never attempted to negotiate a new rental. You suggest that in May 19650 the City attempted to impose new lessee on Beluge. In truth, the City attempted to renegotiate the lease for Lot 14. This was not a "new lease," but a simple amendment to one levee involving an increase rental. At the time Beluga Development made some minor noise about the isoue, but never really attempted to seriously negotiate the lease amendment. Beluge signed the amendment to the Lot 14 lease and a new lease rate is in place at this time. 1 v — / I would agree with you that "negotiate" can be interpreted to mean "bargain, diecuea, arrange, conduct communications or conferences, and calla for deliberation, discussion, or conference upon the terms of proposed agreement." As I remember, that is the substance of the Black's Low Dictionary definition of the matter. In the poet, the City always attempted negotiation of these lease redeterminatione. The facto remain; Lhe City has driven hard bargains; been tough in our discuesions; arranged things in favor of our clients; conducted communications or conferences by letter; end, where appropriate, deliberately discussed and conferred upon the terms of the proposed ogreement, again usually through letter. These actions fit the definition exactly. It is elemental that any negotiation starts with two people eaeerting a position. Any Third World street vendor knows this. Once the two parties establish the outer limits of the negotiation, then there is the deliberate discussion you referred to towards an agreeable price term. In the past, the City hoe asserted its position booed on a fair market appraisal and a six percent return on that rate, and communicated its position to the leseeee. for the moot pert, the lessees have all Dimply paid the amount rather then to attempt to negotiate. Ageing this is nothing more then driving a hard bargain from the City's point of view. To do lees would be detriment to the City's residents. If anything, dnluga is more guilty of non -negotiation then the City. We first gave Beluge notice that there would be redetermination of the lease provision and that a qualified appraiser would examine the properties in January 1986. In May 1986 the City explained the resulte of the appraisal and what thu City felt would be a fair return on that. At thin time it might have been a good time for Beluga to negotiate. It did not, and the City sent another letter in mid June urging Beluga to sign the amendments. It wee not until July 1, the day the amendment should have gone into effect, that the City received a letter from Beluge'e attorney. It is the City's opinion that the duty of acting continues to fell upon Beluge. If Beluge does not agree with the proposed increaee, Belugo needs to present the City with a reasonable rental figure which can be backed by resort to acceptable standards. The only acceptable standard that I can think of is that of a qualified MAI appraiser. Along with this, if Belugo does not agree with the six percent rate of return for the leasea of airport lands, they should have their appraiser address this issue oleo. I would submit that a six percent rate of return is rather modest, being akin to a passbook savings account in a fi r:..7 ,ti , Y 2 f- .1+ • �1, fl. .. _ .,,: :. ,,•j��;,.;'�;�}i'-its'" }ji; �`!J •".t " �`k.". ON world of 19% mutual funds. I would suggest that if Beluga wanto to eeriouely negotiate theoe lesaeo that something be done immediately. It jet of course, the City's opinion that a new lease rate is retroactive to July 19 1986. If it were not, Beluga would Rimply have no reason to negotiate and would attempt to drag things out. We have one leases who refused to enter into meaningful negotiations whose case is now in front of the Supreme Court. The fact that Brinkerhoff might vacate she ¢:amisea if you double the rent is not a legal concern of the City. You would still be held to the retroactive amount. Absent a mutual rescission from the City, I do not feel that your client could simply suggest that he has no further interest in leasing the property and terminate the lease effective July 1, 1986. It would be the City's position that your client remains responsible for the rental. Your second suggestion in your "history" that Beluga may be entitled to the perennial "grandfather rights" under a 50% cap provision is also not accurate. The cep wee not in effect in 1966. The cap first come into effect in 1978 (see attached Ordinance No. 400-76). That cep provision wee not incroporated into your lease. Beluga'e leases both as to Lots 0 0, 11, and 12) and (14)9 provide that the City may make reasonable regulations. In 1978 the City made this reasonable regulation in attempt to help out the lessees of City property. The Council then in 1981 decided the cap provision wee no longer applicable and rescinded it. As to the property taxes, Beluge does have a contractural reeponeibility to pay them. We are dealing with two different leases here., the leases on Lots 10, 11 and 12 are eeoentially identical. Lot 14 has a different lease. If you will check Paragraph 34 of the Lot 14 lease, and in the opening clauoee that discuss the terms, both of these provioiona explicitly provide that Beluga is to pay the property taxes. On the remaining three leaeea, refer to Paragraph 27. This paragraph provides that the lease is issued subject to the requirements and regulations of the City code relating to the leasing of airport lande. I have attached the Kenai Municipal Code Sectio6-41.20.040. You will note that this section of the Code requires lesaeea to pay taxes on airport property. Unless the City receives meaningful material regarding this negotiation, within the near future we will be instituting forcible entry and detainer proceedingo against Beluge end/or any other remedies wa may have under low. 3 X 0 A 1i the City can be of any other seeietenceg pleacc feel free to address this officep in writing, at your convenience. Sincerely, WVM NAI ney TR/clf Enclosures cct Kim Howard, Administrative Assistant W1 it P V 9 Is 21.20.040-21,20.070 21,20.040 Lasses to Pay Taxes: Looses shell pay all lawful taxes end ooeesamen o which, during the term thereof may become a lion upon or which may be levied by the State, Borough, City or any other taxlevying body, upon any taxable possessory right which leases may have therein thereto by reason of its use or occupancy, provided, however, that nothing herein contained shall prevent losses from contesting as any other lend owner any Increase in such tax or assessment through procedures outlined in State statutes. (Ord 531) 21.20.050 No Partnership or Joint Venture Created: The City shall not be construed or hold to be a per nor or joint venturer of looses in the conduct of business on the demised promisee; and it is expressly understood and agreed that the relationship between the parties thereto ie, and shall at all times remain, that of landlord and tenant. (Ord 531) 21.20.060 Default Bankruptcy: If the lessee shall make any assignment for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the losses or lessee's assoto, or any interest under this lease, and if the appointment of the receiver is not vacated within 30 drays, or if e voluntary petition is field under Section 18(a) of the Bankruptcy Act by the lessee, then and in any event, the City may, upon giving the lessee 30 days' notice, terminate this lease. (Ord 531) 21.20.070 Nondiscrimination: The lessee, for himself, hie heirs, personal repreeen a ivea, successors in interest, and seeigno, as a part of the consideration hereof, does hereby covenant and agree so a covenant running with the lend$ that: (a) No go on the grounds of race, color, or national origin shall bo excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (b) In the construction of any improvements on, ovcr, or under ouch land and the furnishing of services thereon, no person -on,the grounds of race,, color, ,or national original shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination; (c) The looses shell use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-seeleted Programs of the Department of Transportation •.. Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amondod; 21-17 �-. (City of Kenai _= Supp. N36 6/17/65) 't{ f i F C. CITY OF KERAI ORDINANCE N0. 684-81 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, LIMITING APPLICATION OF KMC 21.10.130(b), KMC 21.10.130(c), and KMC 21.iC.130(d) TO LEASES OF LAND ON THE AIRPORT AND RESTRICTED TO AERONAUTICAL RELATED USES, WHEREAS, KMC 21.10.130(b), (c), and (d), were passed in order to encourage the leasing of City lands by making it easier for lassoes to finance improvements thereon, and WHEREAS, the City has now begun a program of land sales in order to get the land fully upon the tax roles, to build up permanent Investment funds, and to avoid the expense of a large amount of administrative work to carry on the leasing program, and WHEREAS, the deed by which the City secured lands from FAA for airport purposes requires that full market value be obtained from the lease of said lands and imposition of a cap on rental rates results in the taxpayee's of Kenai having to pay into the airport fund tho Aifference between the fair market rental value of ouch lands and actual rents paid, thus subsidising lessees of the pity, and WHEREAS, in view of continuing inflation and raise in land values encouragement can be shifted from land leasing to bil& sales by rescinding the S0% cap provision on 4 year redetermination of rental ratos for leased lands. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA# as follows: Reation_Is KMC 21.10.130(b), KMC 21.10.130(c), and KMC 21.10.130(d) are hereby amended as follows "(b) Realising that investors, developers, and other potential lessees need a reasonable assurance of stability in future lease rates, the redetermination clause of all future leases gf landa jn the almort and s,ilatad to eeronaut�a i related uses shall include 1 o�= the following languages M � : `=t 'At each 5-year interval, thq fair market value shall be determined by - qualified, independent appraisers, and -°- the percentage set originally and contained in the lease shall be applied -- -- thereto to obtain the new annual rental. a; The redetermined lease rate, (.annual rent) = :== under this provision shall be limited to a 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 ,.i.- shall be redetermined every 5 years on the basis of fair market evaluation as determined in RMC 21.10.130(a).' sbjee.�sub"io_n �A1 helam City leases o� 1�Othe &lraort ape ren*,rieteA to aeronantiaal ripibtei fl uses existing = = - :; at the time of the enactment of this chapter shall have 1ha god alp AAA *a •eaetarminatien of lease cat 30 year period determined from the date from which the lease - • was originally entered into. "(a) Recognising that the redetermination procedure provided for above may be in conflict with the mandate of J {; the quitclaim deed and the several deeds of release# the its to City Council herein acknowledges obligation provide the Airport Fund with those sums which the above redetermination policy may cause the Airport Bung to lose. = t It is the intent of the Council to provide for such a �;�.•;.`. Y fYeecY-m�[Rcc•[.fT possible shortfall by a propriating revenues relative to the assessed valuation of Airport properties. ' 41.I " -._ _. I - "(d) Those leases 9f ."On an the airport anA rentrieta8 to `-'� -` •=x ."'� •-' p - - - 1` 1 j AAI"A/f A11 * i@Al relateA jjses existing at the time of the effective date of this chapter in which the leave rate has - - •=-._ not been redetermined at its previous 5 - yeer nterva , shall ;- 3-.:.t.+ c<• �' be redetermined as set forth in Subsection (a) above# but --[; .-�=-e.-:_ •`� ,-��� shall not exceed 1501 of the appraised 1977 fair market value times the perQentAGO GAt In 40099aft With S- �bgen ien Ana-(21 I6t) . Thereafter such leases shall be subject to -:- :-�-: the provisions of Subsection (b) above limiting rental Y increases on redetermination to 50% on each 5 year W� or, t' anniversary of the date of the lease until the 30th anniversary thereof." PASSED BY THE COUNCIL OF THE CITY OF KENAI,,ALMKA, this 2nd day of December, 1981. VINCENT O'REILLY, (TYOR ATTEST t//� ..� " J net Whelan# City Clerk 01 First Reading: May 20, 1981 Second Reading: December ?, 1981 Effective Dates January 2, 1982 3 L. L _ � s -:o 1� �• 1 CITY OF KENAI • , ORDINANCE NO. 400-78 AN ORDINANCE OF THE COUNCIL OF THE Chit OF KENAI, ALASKA ESTABLISHING POLICIES AND PROCEDURES RELATIVE TO THE LEASE - OF CITY AIRPORT LANDS. ; WHEREAS, lands granted by quitclaim deed by the Federal government are, by terms of that deed, to be managed or otherwise used solely to support Airport aottvittesl and ' - WHEREAS, clearly established policies are necessary for the effective management of such landss and WHEREAS, there must be a correlation between the needs and responsibilities relative to the Airport and the needs and responsibilities relative to the City = as a whole, and WHEREAS, absolute maximisation of return to the Airport may well preclude the proper, effective, economic growth of the City and in turn be self- defeating, and Q WHEREAS, this ordinance to, therefore, designed to provide a balance, meeting the needs of both the Airport and the City as a whole. „ NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI :i F, - as follows: Section 1: Ordinance 268-76 is hereby repealed in its entirety and the following chapters to be reenacted into the City -owned Lands title of the Kenai Code. Section 2: Chapter 6, Rules and Regulations Governing the Leasing o C� ity-owned Airport Lands is hereby enacted in its entirety. section 3: Chapter 10, Provisions Required to be Included in all Airport Land Leases is hereby;cmer-led in its •entirety. PASSED BY THE COUNCIL OF THE CITY OF KENAI is day of , 1979. _ 4--' V::tT.ri VINCENT O'REILLY. MAYOR rA ex ATTE T: -• r • 3. =f Sine C. Peter, City Clerk FIRST READING: May S, 1978- .` �. SECOND READING: May 17, 1976 - Tabled- -THIRD READINGt Juno 7. 1978 EFFECTIVE DATE: July 7, 1976 Is- A 21.05.080 Principles and Policy of Lease Rates i. (continued) b. The actual rate of return determined to be a fair return to R the City shall be set annually in May by resolution of the City Council and shell apply to all leases thereafter re- quested. 2. Realizing that investors, developers and other potential lessees need a reasonable assurance of stability in future lease rates, the redetermination clause of all future leases shall include the -. following languages "At each five-year interval, the fair market value ' shall be determined by qualified independent apprais- ere. The redetermined lease ratbt annual rent. under this provision shall be limited to a fifty percent (501) increase in the prior lease rate, except where there are justifiable increases due to provisions of additional services , such as public water, public sanitary sewer, storm sewers. and major improvements in roads". 8. Recognizing that the redetermination procedure provided for above may he in conflict with the mandate of the quitclaim deed and the several deeds of release o the City Council herein so- knowledgee its obligation to provide the Airport Fund with those sums which the above redetermination policy may cause the Air - part Fund to lose. It is the intent of the Council to provide for ! such jo2sibale stgorftp b�appropriod revenue relative to the asses e v us on o A oft properties . 4. The redetermination clause limitation outlined in Section 21.05.080, Item 2, shall not apply to any lease unless at the next preceding redetermination period the lea,to rate had satually.been -redeterm•- fined. AMBNDBD PAGE ! C. CITY OF KENAI ORDINANCE NO. 424-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ORDINANCE NO. 400-78, ESTABLISHING POLICIES AND PROCEDURES RELATIVE TO THE LEASE OF AIRPORT LANDS. WHEREAS, Ordinance No. 400-78 relative to establishing policies and procedures for the lease of Airport lands was recently adopted by the Council of the City of Kenai, and WHEREAS, said ordinance revised the leasing policy of the City relative to Airport lands so that City leases might be more attractive to potential lessees and thereby the financial position of the City, more particularly the City Airport, would be enhanced, and WHEREAS, certain other minor revisions in the leasing policy are needed to further perfect the revised City leases. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, as follows: Section 1: Sections 150 and 160, Chapter 10 of Title 21 of Ordinance No. 400-78 (ro�`vl Required to be Included in all Airport Land Leases) are hereby repealed. Section 2: Section 150 of Chapter 10 of Title 21 of Ordinance No. 400-78 is hereby enacted to read: 1121.10.150 Surrender of Termination. A. Lessee shall, on the last day of the term of this Lease or upon any earlier termination of this Lease, surrender and deliver up the premises into the possession and use of City without fraud or delay in good order, condition and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by City in writing, and free and clear of all liens and encumbrances other than those created by City-; for loans to City. , B. Upon the end of the term of this Leasd or any earlier Lermination " thereof, title to the buildings and improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance or bill of sale thereon. However, 1f City should require any such document in confirmation hereof, Lessee shall execute, acknowledge and deliver the same and shall pay any charge, tax and fee asserted or imposed by any and all governmental units In connection therewith." is Ordinance No. 424-78, 0 e 2 ' • Section 3: Section 160 of Chapter 10 of Title 21 of Ordinance No. 400-76 is hereTyenacted to read: "Any assignment requiring Council approval will not be unreasonably denied, and leases may provide for subleasing without prior Council approval." PASSED by the Council of the City of Kenai, Alaska, this 2nd day of August, 1978. ATTEST: -SQ-eC. Peter, City er c FIRST READING: Jul 19 1978 SECOND READING: uUus . EFFECTIVE DATE: September x:`T978 r CIv 1 lAw. fONt) 0 SUMMONS IN A CIVIL ACTION Xlnitea *tntes District (Court Des RIOT DOCKET NO. A O r � � 3A � • ^n� h!r�v Ili , Cocaf'{ O TOE (NAME AND ADDREbb OF DEFENDANT) v -rm A 4�fM44 To o , an 71 Kre A YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFFS ATTORNEr (NAME AND AODR6651 PEW, k { an answer to the complaint which is herewith served upon you, within Ve dohs days after service of this summons upon you, exclusive of the day of service. If you fall to do so, judgment by default will be taken against you for the relief demanded in the complaint. � IV 1202 / DATE - JoAgh Myres PUYV Y CuRnw JUN 1819A6 tali' F Kenneth W. Cole 307 Hemlock street Kenai# Alaska 9961L Phone 283-5020 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA KENNETH W. COLE, ) ) Plaintiff, 1 v. 1 - 3 A3 av,, NATHAN A. CALL.ANANI Case No. DAVID HOPFMAN{ and I JESS ROUSED I Defendants. 1 CQNPLAINT AT LA !DEPRIVATION OF RIGHTS) ANEiNDHD 01 CONES NOW the plaintiff] KENNETH W. COLEj appearing pro pero and for the following Causes of actions against defendantse NATHAN A. CALLAHAN, DAVID HOFFMAN, JESS ROUSEg and alleges as follows: 6 I Plaintiff, KENNETH W. COLE# to a citinen of the United States of America$ and the State of Alaskaq domiciled on the Kenai Peninsula$ within the Third Judicial District, Cn M • N •.h is IN Defendants NATHAN A. CALLAHAN thereinafter CALLAHANI, is now, and at all times material hrersto were, duly appointed, employed, and acting Assistant District Attorney for the State of Alaska, in the Third Judicial District, at Kenall defendant is also a citizen of the United States of America, and a resident of Alaska, living in the City of Soldotna, in the Kenai Peninsula Bourough. III defendants DAVID HOFFMAN thereinafter HOFPMANI, and JBSS ROUSE thereinafter ROU0E19 are now and at all times material hereto were, duly appointed, employed, and acting police officers of the City of Kenai, a municipal corporation and political subdivision of the State of Alaskal defendants are also United States citizensq residents of Alaska, living within the Kenai Peninsula Borough. IV This action arisen under the United States Constitution, particularly under the protections of the Fourth, Fifth and Fourteenth Amendments to the Constitution of the United States, and under federal law, particularly 42 U.S.C. Section 1983, and section 1980t31. V r This Court has jurisdiction of this cause under and by -' virtue of 28 U.B.C. Section 1331 and 28 U.S.C. Section 13439 or itr to.such other authority as may be appropriately made by amendment Pursuant to 20 U.B.C. Section 1603a n VI Venue is proper in this Court upon Plaintiff's place of residency being in the State of Alaska, within the Kenai Peninsula Bourough, as well as all defendants. Vil Each and all of the acts of defendants alleged herein were done by defendants, and each of them, not as individuals, but under the color and pretense of the statutes, ordinances, regulations, cuatoms and usages of the State of Alaska, and City of Kenai, and under the authority of their 044icel defendants HOPPMAN and ROUSE, as police officers for the City o4 kenal, and defendant CALLAHAN as an Assistant District Attorney, under the office of the Department of Law for the State of Alaska. Vltl On Monday, June 161 19861 at approximately 4100 p.m., plaintiff went to the State Courthouse in Kenai to take care of some business and use the law library facilities. As plaintiff went to leave the courthouse, after putting his briefcase in a truck he was using, he turned to see CALLAHAN looking out his office window in the upstairs 04 the Courthouse. Plaintiff saw. that CALLAHAN was looking at him, so plaintiff waived to CALLAHAN' and CALLAHAN waived back. ix Plaintiff then drove a couple blocks away to a D 16 A grocery store to pick up a few items for dinner. After approximately O minutes of shopping, while plaintiff was standing at the clerk's registerp he noticed numerous Kenai City Police cars traveling by V i i rA sr F the D It A stire and sitting at nearby stop signs. The patrol cars appeared to be hovering about the area and concentrating on the D d A parking lot. As plaintiff got into his trucks he noticed a City Police car pull into a nearby parking lot and park. By this times plaintiff was feeling very intimidated and fearful of what was going on. Plaint!rF sat In his truck for a couple minutes and lit a cigarette to help him relax. X When plaintiff started his truck and began to leave the parking lot, he noticed a City police car pull out of the Kenai Police Department 41 block away) and head toward him. Plaintiff waited until the police car was passed him before he pulled out onto Willow street. ' XI Then on Pirst Streets approximately 3 blocks away from the 0 b A Storey Hoffman signaled plaintiff to stop his truck by virtue of lights and sirens which plaintiff dido In response to the evident authority of HOPPMAN who was at all times herein mentioned wearing official uniforms Insignia and badges of the police department of the City of Kenai. XI1 At that time and place MOPPMAN and ROV869 were thong as a part of their regular and official employment as police offlcera for the City of Konaio operating an automotive police patrol vehicle owned and maintained by the City of Kenai for the use and benefit of It's police department. MA L .y Wi 0 x11I HOFFMAN left his patrol car and approached plaintiff in the truck in which he was traveling. HOFFMAN then asked plaintiff if he was -Mr. Cole. Plaintiff acknowledged that he was. Hoffman then askod plaintiff to stop out of the truck and produce a drivers license. Plaintiff requested from•. Hoffman his probable cause for the stop and seizure. HOFFMAN initially stated a •citizen" had made a complaint that plaintiff was driving without license. Plaintiff questioned HOFFMAN and asked how could a citizen know that he did not have a license on his person. HOFFMAN replied that he believed it was a person familiar with some court cases plaintiff had pending. xxv Plaintiff then informed HOFFMAN that he believed it was CALLAHAN who had made the complaint and HOFFMAN replied •that's possible•. Plaintiff then asked HOFFMAN how CALLAHAN knew that he did not have a valid drivers license or that he was not carrying it on his person. HOFFMAN replieds •He said that he knows •that.• Then HOFFMAN asked plaintiff if,he had -a' drivers license and plaintiff told HOFFMAN to check the computer and find out. HOFFMAN then asked plaintiff to produce the license and plaintiff again requested HOFFMAN's basis for asking for his license. HOFFMAN replied that they had a complaint that plaintiff did not have a license and that someone had alleged plaintiff did not have the license on his person. xv Plaintiff informed HOFFMAN that there was no way CALLAHAN or L L IN k.+f — af; I' "'I anyone else could have probable cause to believe that he eitii*p did not have the license, nor that he did not have it an his person, regardless of whether they were familiar with some court cases. Plaintiff further objected to the entire stop and seizure of his movement and liberty and:•instructed the officers that- it was an illegal stop and without probable cause and therefore from then forward everything was illegal and they had no authority to request production of the license. xVI NOFF14AN stated then that if he had probable cause to believe plaintiff did not have a license, then he had grounds to request the license. Plaintiff again told HOFFMAN to run it through the computer and find out whether he had a license. It was at that point that HOFFMAN agreed to check it out and asked plaintiff if his name was Ken Cole, and he acknowledged that it was. The dispatcher then came back several seconds later and stated that it was a valid NOW and •expires 0/970. MOFF14AN then said •apparently Mro Callahan was wrong", and told plaintiff -he was free to go. xvt i Plaintiff started the truck up that he was in, then ROUBB decided not to let plaintiff go and ordered plaintiff to wait. Both HOFFMAN and POUGE approached plaintiff and again requested a drivers' license from plaintiff. Plaintiff explained to the ufflcers that it had already been established that there was no basis for the stop and again asked for their authority to proceed further in the matter. l/ y 11 XV111 ROUSE answered that *We have information Mr. Cole that your license had been revoked or something.• Plaintiff reminded them of the results of the computer check just minutes prior. ROUSE then said 'Now we need to see it'p and stated that plaintiff was obligated to produce it. Plaintiff then replied that he was only required to show It i f there was probable cause for the stop p and ROUSE agreed. Xlx HOPPMAN asked plaintiff if he would object to producing his License and plaintiff saidp•Yes i objects ye09 it's illegal!' Plaintiff further informed the officers that if they had probable cause and he was required under the statute# -he would have to produce the license. And under the circumstancesp plaintiff stated that the stop was illegal and was nothing more than a fishing expedition on the basis that he had esome court cases CALLAHAN was familiar with. ,. XX Plaintiff objected to their procedure of pulling people over just on an unfounded phone call and without over verifying the �j information on the computer prior to the stop. Plaintiff advised NOPPMAN that the stop was illegal and that people would be held accountable for their actions. Xxl MOPPMAN stated that plaintiff's objections were •reasonable" and that he had no way of evaluating whether the phone call was e: r 1a• V r) L 101 F malicious or not and because of newspaper Coverage of plaintiff it was generally assumed that plaintiff did not have a drivers' license and he did not know that there was malicious intent on the part of CALLAHAN in calling plaintiff, in. MIS HOP MAN then left for a moment and returned and told plaintiff that he was correct that it was an illegal stop and everything from the stop on was illegals Hoffman then apologized and stated 01 don't know what to say' and that he was trying to do the best he could. Plaintiff was then allowed to go. XMI ,By reason of the illegal stop and seizure of plaintiffs and his unlawful detention, plaintiff sasfered mental anguish and unnecessary and unreasonable intimidation by the acts cf s_`,a defendants. Plaintiff has been damaged in the amount of 090000#00 by each defendant independently named herein. xxty The conduct of defendants, and each of them deprived plaintiff of -the fo14mwing righter. privileges and immunities secured to him by the Constitution of the United Statess a• The right of plaintiff to be secure in his person and effects against unreasonable seizure under the Pourth M.. Fourteenth Amendments to the United States Constitdtioni b. Not to be deprived of his liberty, movement and travel, without due process of law under the Fifth and Fourteenth Amendments to the United States Constitution$ c. The plaintiff's right to the pursuit of happiness in his 1 him Zu n toy �;;,:••J�:•,. � ,(ice o r) ordinary and usual manner without arbitrary# unressonables and harassing intrusions by the respective government and officials thereof as guaranteed by his right to due process under the Fourth and Fourteenth Amendments to the United States Constitution$ d. The right of plaintiff to the equal protection of the laws as secured by the Fourteenth Amendment to the United States Constitution. xxv The acts, conducts and behavior of defendants, and each of theme were performed knowingly# intentionally# recklessly# w1114ullys unreasonably# vindictivly# and done to harass# by which plaintiff is entitled to an award of punitive damages in the sum of 080#000.00# independently from each o4 the defendants. ISCOND CAUAR OFF ACa,. T12N # xxV1 Plaintiff realleges and by this reference incorporates herein as though set forth in full each and every allegation contained in Paragraphs'i through 89# inclusive# above. xxvxi CALLAHAN, acted outside his prosecutorial duty and authori- tatively directed commission of acts which were ordinarily related to police activity as opposed to judicial'aativity and were asserted wrongfully, depriving plaintiff of United States Constitutional rights and thereby stripping himself of his official immunity. F% (a,. aJ. n - a c0) - - a= �- 7�J xxiii That CALLAHAN did misuse his power and authority by making a malicious and unfounded complaint against plaintiff thereby causing plaintiff to be damaged dy unnecessary intrusion of plaintiff's rights under the United States Constitution. xxzx That CALLAHAN made such phone call to the Kenai Police Department fag described in paragraph 21) which was a financial decision in which he knew he would gain from and insure job security for him in his office and that said phone caki was an -overt act and done in bad faith and with vindication against plaintiff 'in which specifically caused him to be deprived 44 his "J liberty and due process. xxx That CALLAHAN knew or should have knoon that his conduct along with thw subsequent acts of HOFFMAN and ROUSE would violate the constitutional norm of due process. xxxi That CALLAHAN made said complaint with the Kenai Polico Department with the intention of thwarting plaintiff's preperation for a trial which was scheduled for two days after the incident in question. xxxs = 1 That CALLAHAN's actions instill a chilling--•ffect upon the rights of plaintiff and of others similiarly situated. And further that CALLAHAN did, with malicious intent conspire with the Kong', Police Department and specifically with HOFFMAN and x A.- ..�} .-A �1 kJ: All ROUSE by and through the Kenai Police Department dispatcher. That CALLAHAN acted in a vindictive manner against plaintiff, and arbitrarily discriminated against plaintiff as a pro per litigant, and as some3n♦ who had several cases that CALLAHAN has publicly referredtoas "frivolous proceedings". xxx=ii That due to the conspiracy and malicious vindictive acts of CALLAHAN, plaintiff has been damaged further in an amount of •309000.00t for deprivation of equal protection of the law. WHEREFORE, plaintiff demands relief and judgment as followsi is Compensatory and nominal damages awarded against defendant CALLAHAN in the amount of 055p000.00. 2. Punitive damages awarded against CALLAHAN in the amount of 0259000.00. 3. Compensatory and nominal damages, against defendants HOFFMAN and ROUSE each to a total of 050000.00. 4. Punitive damages awarded against defendants HOFFMAN and ROUSE each to a total'Of 025,0000000 d. That plaintiff be awarded the costs of time and bringing this action. e. Plaintiff demands a jury trial. 7. Any other relief as may be just and proper. Respectfully submitted this 17th day of June, 1966. KENNETH W. COLEO Pro Per 10 r) �1 I Solemn Stigtemsnt Due to plaintlff s rellgious beliefs he does hereby state in - ` the presence of the below signed witnesses that he has read the �yy complaint and finds the facts to be true and correct to the best - ;- of his knowledge. All 4acts to be proven at the time of trial. ° K NNHTH W. COLE W7..,_ Witnessess a Y• � ^n . ii y .Znrl'bi�t.? ! JiilCT ii43�i f•_ • 'RR = L CIV "Od e 4) OW W&Ff MO FIDMA0 W", AL"M W11 TELOWHRM-7M MEMORANDUM TOs Councilmembere City of Kenai Rogers, City Attorney ... City y of Kenai k7l FRO DATE: July 119 1986 REt Cunningham Park i k* In response to a request by Councilmemberep I have prepared the C following memorandum regarding Cunningham Park. Much of the memo is booed upon a litigation report prepared by Alaska Title A U -.?k- Escrow Agency, Inc. regarding the property (attached hereto). The question presented is whether the City may limit and/or preclude the lending of baste at Cunningham Park. The litigation report indicates the standard public eaeoment that the public has to the promises lying below the mean high tide mark of the Kenai River. In addition there aro the reaervationel reetrictione and reversions, including tho tome and provisions thereof as recited . Lr-- by instrument recorded December 309 1971 at Book 649 Page 2270 Kenai Recording District, Third Judicial District. This instrument, the statutory quit claim deed, vhich gave the memorial park to the City hoe several reptriat'vne. One of these is a reversion to Martha Cunningham or her heirs in event the property is no longer used so a park. Also, the City wee to survey and plot the property and the grant reserves mineral and oil rights, except coal. The initial question that comes to mind is whether limiting boat so case would have the constructive effect of precluding use of the park as a "park" with a resultant reveraion to the .:,` Cunningham heirs. My recollection of the park !a that there are 11 picnic tables and a barbecue site on the perk and that the perk area is a suitable area for other activi►ties then boating. It is not clear from any of the documents either whether the intent of the perk wee purely for boat launching or lending. Again as I recollect9 the perk is not the prime example of a convenient boat -launching facility. Because the perk is not strictly limited to use by the boating public and the fact that it makes a nice park area for picnicking and otherwiseg I would conclude that to restrict boot launchings would in no way effect the grant as shown in the statutory quit claim deed. It should be noted that the public would still be able to land haste below the high tide mark and walk up to the perk. TR/clf Attachments . 2 ■ Q ALAl4RA TITLE 8C ESORO'W A(iENOY, INO. LITIGATION REPORT TOt City of Kenai 120 Fidalgo Street Kenai, AK 99611 Attnt Ron Dater June 23, 1986 at 800 a.m. File #35523 Fee $150.00 TICOR TITLE INSURANCE COMPANY AGREES THAT TITLE TO THE PROPERTY DESCRIBED HEREIN IS VESTED ON THE DATE SHOWN ABOVE IN CITY OF KENAI Byrc RICK BRIAN, ATIIG SIGNATORY VICE PRESIDENT SUBJECT ONLY TO THE EXCEPTION SHOWN HEREIN DESCRIPTIONt The East 300 feet of Tract Five Me of HORSESHOE END AT RIVER BEND SUBDIVISION, according to Plat K-1709, records of the Kenai Recording District, Third Judicial District, State of Alaska. 130 TredlnO Bay Otiv*, Suite 300, Kenai, 411ske Will 007►253.7803 1896. Blnkley Street, Gull* 102, Goldotne, A18082 dllO(007)2824457 r u ,Q 'k t-. '3 �i Vi a i��saas�!V�yu•.r tf--'tY- - --� � ZX . i . 4 IF i, • LITIGATION REPORT CONTIN►.!Lu page two Pilo #35523 SUBJECT TO: 1. Reservations and exceptions as contained in U.S. Patent. 2. Taxes and assessments, if any, due the taxing authority indicated. Taxing Authority: Kenai Peninsula Borough. 3. Easement for electric transmission or distribution line or system and/or telephone lines across said premises, together with the right to enter said premises to make repairs and the right to cut shrubbery and trees which constitute a menace to said lines and/or sy9t9ms located on said premises, Recorded : September 11, 1959 Book/Page : Misc. 4/70 Gtanted to : Homer Electric Association 4. Easements, building set -back lines, notes and dedications as set forth and delineated on the face of the plat. S. Rights of the public and/or governmental agencies in and to that portion and easements appurtenant thereto of said premises lying below the mean high tide mark of the Kenai River. 6. Reservation by the grantor of all the oil, gas and mineral rights, as reserved in that certain Warranty deed, including the terms and provisions thereof, Recorded : December 30, 1971 Book/Page t 64/227 7. Reservations, restrictions and reversions, including the terms and provisions thereof as recited by instrument, Recorded : December 30, 1971 Book/Page : 64/227 RB/11 07/09/86 ATE3 H I -- p - Q b i • LITIGATION REPORT CONTINUED ' Page two CFile #35823 SUBJECT TOt 1. Reservations and exceptions as contained in U.8. Patent. 2. Taxes and assessments, if any, due the taxing authority indicated., Taxing Authority: Kenai Peninsula Borough. 3. Easemant for electric transmission or distribution line or system and/or telephone lines across said premises, together with the right to enter said promieen to make repairs and the right to cut shrubbery and trees which constitute a menace to said lines and/or systems located on said premises, Recorded a September 11, 1959 Book/Page : Misc. 4/70 Granted to : Homer Electric Association 4. Easements, building set -back lines, notes and dedications as set forth and delineated on the face of the plat. S. Rights of the public and/or governmental urgencies in and to that portion and easements appurtenant thereto of said promises lying below the mean high tide mark of the Kenai River. 6. Reservation by the grantor of all the oil, gas and mineral rights, as reserved in that certain Warranty deed, including the terms and provisions thereof, Recorded i December 30, 1971 Book/Page 1 64/227 7. Reservations, restrictions and reversions, including the terms and provisions thereof as recited by instrument, Recorded : December 30, 1971 Book/Page a 64/227 RB/li 07/09/66 ATE3 0 L L J 1 ' o j;t ".Aj.0Qr0d/V0N •, O r� r v s ,- �_ s�A b.• :lr MMrnia of r+ry ": -o o• fA M��'� P �• ^ d M 73ni r w r a� t -•� -3 '•{ • Fj iaIII INS �� vs a�" If CNO.Oo cl NON ~� =r•; _ N • i R to 1 r MAC r ON M gya oaf fit ti P' ; a -�-- ��•` of 0 -I IAN r-... to fit .9 e y o% ! a to N,.nla it0n rINA ! mO s s 0 -4 0 qv ofo•PA v III so oa• , *(t 101, M H to M • w O w i to 00 at off 0 - N -1 R I•I �� at • N � -4 y 4 OINS N 41 a� .� dd _ _ ice•' Y � N 4. �•. a .. ,t 1 - 10 Z IN r' 7 I +I r • ► �t � m r it0 �linr� I n _ i tl 8 N y it m tt g dT w W oNnot � .,�• �• f1AN r •j?y • :No n enl i,n: y ra -1 • � .� w M p in,• to H A ► M i41 is A•Iy c'.j�• yt i+ 0 A % to y ti I /r Pr 14 • •� • „ • NSA • A N A if; , w' � as vwr Y r ` '( • c as sa . I�. e N to M two r- A40 1Z 5 IL •� 1 � �' SEC.Io ,/p . �G::��IVes •:�3� �;E.:, WINDOW gelp"I Trzm Imp •9• tot tome on a AUL. iiw to V ► or felt r4ft4i do her*.* o lot$ WA w its &VIOUS em"ve Is PM so rellowe Of the UrAera Vat sitastod Sov V mewa& W wro, do".7, too 1V is I pe, ev It I Allot r 6 aftleddeseribw Ue1• allot 1 1 Uwe 40 tolastris WA to afflet"Pto SM440, Its &A ell"Mmly SOF 'aj. IwI twile W ISS419%vto . .1 tip;we oil 61 1, me or qot000. md 10 Out MI watAWARIS of "it tbs ► jl~ V's averI 4116 er old, with 0r#l`rp&WftL ift SMONI *I Oro **.Fg at "in PI &,oil*• of 'Vat It son "IV at 00 *1 of SOW JwAO P are ame steers ot 00 4v WOMPNO va"I tobt thyl Is, Or 6@.W&,Mwmm mad UMS Of apu WAS aft f" no OLC — Iss by tbs. Welift jam Od Woten" mr-prWavo tur lwAs 0, ntN aM lto! is wo mo-Ifts Uri I..'s It Atti &4 this before Not to yA tW.90 0 R - to I lot davolsol or WA I) PA) we ago$ 460PS1,14.11. •0.1lat .,S-u so ;gt avow to FLI 01 L Y.. a I �l I l f I �I r .p � , � } ,,::..:,.w,.r :•:wd� ';1:�� .• fS . Fiji h +; _ �;u., .+,!�`� • .�J�l•,,', jy}/�� Si �.:�••11.,7e, .�..�, 1.(r, h l Wt „ vow; '�•1 :� • ., .. ,•,, ,f :•4i..M,'k►r-/t;aY�� •? }�rTt.:. '•r1•.',w� ;1'�.. •1 ;r"";:�, •'+�' i'� ,�,'('. I• ` 14. yllti w1'.••l` .' '. ` ' • j ^ Y•J Df aP '' t`, � �,.� ,. i , ' � �'r:� �ti.'ll.,u: �r , •rM1�ti%'tr �',�}1R,;��4;��„ ;J� r,..! IE ,; :. '')r�:P�l } �z.• • :q (�t( •+�ti �� �!'dt�r t , 1 ,} . a - r YI Q i •ra . '�1•'�!i�ibt't4,;` y i 1��1•' �'(�' 'F �'� ;�f y �7 ,,f�"�r •a.,., I1 _ • • . �.+.......r.-•••�,.....o... ....tnt:lrs Vy�t `.;p,. �,.riM` �•. Abu 801111. t� � wu,'i"l i��' • v, . . •,. Y . w;r•'F�'^�..""'wp,•�,tw,►fd+'ir.-�..�e fM= ' i s : Y� , f .:iS.'r:"•R(t I uae, it A, ,W.N ,b11RR►Aga theClef of'Webal. •Alaela. has been offered ` i ' 1 • I certain teat preparly for'uee'si •i public pack. ulbtsst to certain .� 1i0 ° aobdltlons, and the •etoblithroes •f book pare aaS be fsclllested. a by a dead all►)eat to shoe• aoodllloas with the other plateaus ud procaNn/ to follow. ' ,•t10Y.TIlYR[104d,'thR disntor,'•t1RTlU:Rti fplrrfl�clu`I. honey • +I }� lives still donslei for a valuihlo coesldeiftlna froo the Jrsas•e. I conveys sell golttlolns Ie the City of genet. a hens rule charter • •. ' + aualclpal urar•tlan or anlaM wRd �! • a• of h� sate sf r .,. as 1 ...., ,, . 1 a R 1T Il �, .! . list* Alaska, all. Interest whleh'ahll h1b"fa'the •fell•wle/ des•rlbW-• / . .11•I..1 . ..1 f '.y ,: .,. , •,1,, y foal property altuated is the genet Ra•NIaR• ouutot. Alma > •a • '. The bat too feet of Troce'Five l 'of' . . • IMo%rglenll Rho AT btl'►G r►50 IluopV 104 accolJlnto plot 9•1149 go file v th the ` [anal DI fact I rlct Record•►; Alaska. 1. ,A Sept"1 of the donated areaeeuenlnlhen !tan•rlal u� - '•1 �•••1 'ti. ' .. .,,.... .. ..; ..r ;.- ... ,fall �..� .� ,• .1 +; (`+. 1.•' A nvnalea to pth ara Coanlghaa ii h•i:bslra In the r i7 er•nt Iko propertP Is no too of wood me a park.' i f. the Jonseed coal propp•►IV •hall be surveyed, pplatted j 1 and arpr•red br see plural wrkerltlee at eM •set of. the �LY toom and at no soot to 1ho Oonor. G.y. :�4•.. , s, benrssloo'to Ihi Otis%►i/'i11 dnsiaY and all right$, filter% coal• ,,.•1►• I,. • .......' ...,. _.. ... . -- •. .. i i oATbO of Rhoboygea, ulscwsla; ArzAlf ,ft pa•tuhsr• 191 1 ,+1•`% .I lit P" f.11ttR 11AT1 OF MIRt63414 ... : �. a fi - '•'a. up 11•try cau tT of;.. 1 li�r•. , 044Wwis ' 11IM 17 TRAlIflr1 that as the of •f poaenbor, If? , T 11411'7 M?ARTHA g. 1:10-NIURN! personally •pp•er•d IM unJerailae.r I all loan i and seta �r edr♦•I thti 1M above IAasruleat was 6116e4 sad v ( eal.noOlt d .aJ1�or 11v1y e AO i! .. - •",�, 17 r1t r • n' j w.�0 • �"�. ►♦iiil►71'GT''iT►'Ri 1T,7"1$ii'I� iom-sfa . •ail f p tr 1:j -i i • low. inn aSara�M�yu ? ; $. If ..' . �1'6 .1 ,1 ,tl� .. '.• •• •1 � •',r1 'I,P • .. I,f �i\y'1�.; ... , . , 1°..}� 1} •.1` ,.�.�....• �r�i't`b'A'r��� :►r..' •t..rliy�'�d ��i>'%i'�i'iti��'1i1�[.�aw. ♦ • t ;�r. ' ' ,, ° ww�l..'i:L1 till::'S?'�7'.'•Wt,�at,�',iR+�Y":: 1i ,..• . •`�."s'a• h.�'Y "" 1�.�. ..,-ice'-_ - -..wall. L TRACT N N to r I L N EL a I 1 Ij L o I � I la• N� aw r i o . OFFICE OF THE GOVERNOR June 23, 1966 Y—Y OIWSION OF ELECTIONS P.O. Sox AF JUNEAU, ALASKA 99911.0108 PHONE (007) 466-4611 • i� .hrt . wti Me. Janet Whelan 210 Fidalgo Kenai, Alaska 99611 Dear Ms. Whelan: Enclosed for your information are emergency regulations adopted by the Division of Elections on June 19, 1986. These regulations cover changes made in the following precinct boundaries District Action Taken 02 Merging Haines No. i and No. 2l 04 Merging Juneau No. 1 and No. 31 Merging Juneau No. 5 and No. 61 17 Changing boundary between Tok and Tanacross from Mi. 1320 to Mi. 1324.5 to conform with boundary of the Gateway School Districtl 18 Splitting Plack Precinct and establishing Newby Precinct# 20 Splitting Fairbanks No. 5 Precinct and establishing Fairbanks No, 10 Precinct: Modifying boundaries of Fairbanks No. 7 and Big Bend Precincts to accommodate annexations: and, 21 Splitting Chena Precinct and establishing University West Precinct. j Janet Whelan June 23r 1986 Page 2 in addition, the regulations clarify procedures regarding: 1) absentee voting at Supervisors' officesi 2) absentee by mail appiicationst 3) aitso of election recountsl 4) removal of names from primary ballotsp 5) appointmente of election offiaialso 6) deadlines for filing nominating petitions for REAA electionsp and, 7) absentee by mail applications for REAA elections. It in the intention of the Division of Elections that these regulations be made permanent. However, in order to have them in place for the primaryy election, it was imperative that they be adopted immediately becausu they must be precleared by'ths U.S. DeprrtwAht- of -•J. i6tioi, pursuant to Section 5 of the Voting Rights Act cif',1965,• am -amended, 42 U.S.C. 1973c. Linder 28 C.P.R. 51,80 the Attorney General is allowed 60 days for formal review. Should you have any questions or comments regarding these regulatory changes, please do not heoitate to contact me immediately. Sincerelyr 00 Linda Edgeworth Information Officer Enclosure Notice of Adoption of Emergency Regulations As required by A8 44.62,2509 notice is hereby given that under the authority of A8 15.10.020 and A8 15,15.010, the division of elections, office of the lieutenant Governor, adopted on this date, as emergency regulations= 1. 6 AAC 02.051--Establishing the new precinct boundaries of Haines Precinct, by merging Haines Precinct No. 1 and Haines Precinct No. 2; 2, 6 AAC 02.056--Repealed, abolishing Haines Precinct No. 2; 3, 6 AAC 03.031--Establishing the new precinct boundaries of Juneau precinct No. 1 by merging Juneau Precinct No. 1 and Juneau Precinct No. 3; 4. 6 AAC 03.041--Repealed, abolishing Juneau Precinct No. 3; S. 6 AAC 03.051--Repealed, abolishing Juneau Precinct No. S; 6. 6 AAC 03.036--Establishing the new precinct boundariee of Juneau Precinct No. 6 by merging Juneau No. 5 and Juneau No. 6; 7. 6 AAC 10.106--Modifying the precinct boundaries of Tanacrose Precinct; 8, 6 AAC 10.116--Modifying the precinct boundaries of Tok Precinct; 9. 6 AAC 10.133--Establishing the Newby Precinct; 10, 6 AAC 10.141--Modifying the precinct boundaries of Plack Precinct; 5 11. 6 AAC 11.076--Modifying the precinct boundaries of Big Bend Precinct; 1?-. 6 AAC 11.101--Modifying the precinct boundaries of Fairbanks No. 5 w Precinct; 13. 6 AAC 11.111--Modifying the precinct boundaries of Fairbanko Precinct No. 7; 14, 6 AAC 11.123--Establishing the Fairbanks No. 10 Precinct; 15. 6 AAC 11.136--Modifying the precinct boundaries of Cyena Ptacinct; 16, 6 AAC 11.168--Establishing the University Vast Precinct; 17. 6 AAC 25.120-•Relating to absentee voting at an Election Supervisor's office; 16. 6 AM 25.190-R•latinE to Abrentee Vating by Mail aPpix U104ns1, - r I 19. 6 MC 25.200—Relating to site* of Wition recounts= 20. 6 AAC 25.210--Relating to removal of names from the primary ballot; 21. 6 MC 25.220—Relating to the appointoent of election offieialel 22. 6 MC 27.040(b)--Relating to filing deadline for nominating petitions; 23. 6 AAC 27.050(a)--Relating to absentee voting applications for REAA elections. This action is not expected to require any increased appropriation. Copies of these regulations may be obtained by writing to= Director Division of Elections P.O. Box A8 Juneau, Alaska 99811-9974 Notice is also given that the Division of Elections intends to make these regulations permanent under AS 44.62.260, and any person interested may present written statements or arguments rolated to the action proposed by writing to the Director of Elections at the above address, so that they are received no later then July 211, 1986. Dates June 19, 1986 Juneau, Alaska ■= S&_4U�dWh- S?%� andra J. StoutV Director W. r e D ALaS ONl81a(H OP FLEQt71pN8 OFFICE OF THE GOVERNOR P& BOX AP JUNEAU, ALASKA M114105 PMWE (001) 4064011 June 24, 1986 Dear City Official$ as You // may know Title 15 of the Alaska Statutes --the electiodrs Y � code --was substantially amended this year with the legislature's passage of House Hill 284. Because the statute updates won't be available from Michie Company for some time, we have provided the attached copy of the new laws so that you will be aware of the changes. If you have any questions, please don't hesitate to contact me,, Sincerely, Linda Edgeworth Information Officer Attachment -.i A r 1, 01•AZLN ALAS i r� amsrav oP e�cno>vs Off ICB OR THE GOVERNOR as Sox AP JUNVU. AWSU 098114105 PROAPI (901) 4e5411 June 240 1996 r lil Attached for your information is a list of polling places which will be changed. The list indicates the new polling placer"the previous location of the polling place and the reason for the change. All registered voters affected by these changes will be informed of the new location at least a week prior to the primary election. if you have any questions, please don't hesitate to contact me if Juneau at 465-4611.- Attactluent Sincerely, 04. d4 &YWn H^-- Linda Edgeworth information officer J. 1 C �.J KENAI PLANNING 6 ZONING COMMISSION July 99 1986 - 7:00 p.m. Kenai City Hall Lee Lewis, Chairman Notes As Chair and Vice Chair are not in attendance, Commissioner Bryson will chair the meeting. 1. ROLL CALL Present: Bryson, Carignan, Oleson, Osborne Absents Lewis, Smalley, Zubeck 2. APPROVAL OF AGENDA Adds PZ66-29 pertaining to landfill. Agenda approved with the addition 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ06-26s Overcall Code Revisions MOTION: Commissioner Cariqnan moved to adopt PZ66-26, seconded by Commissioner Oleeon Chairman Bryson stated that he felt more public input should be heard prior to approving. Chairman Bryson opened the meeting to the public. Father Targonsky addressed item 01% concerning livestock. He would like to see this exclude the historic zone as historically there were chickens in this vicinity and he would like to again raise chickens. Chairman Bryson brought discussion back to the Commission. Commissioner Carignan asked, if I had a cow and the cow died, under the "grandfather" clause could I replace the cow? MOTION: Commissioner Carignan moved to table this resolution, seconded by Commissioner Osborne L. Mik PLANNING COMMISSION July 9. 1986 tzf Page 2 "A Howard Hackney, Building Inspector, objected stating that these revisions have been pending since January and would like to see this move forward. Chairman Bryson stated that he felt the c:Jinance should restrict denser zones ouch as the RS-1 and RS-2 rather than acme of the larger government late and what this does is allow persons who object to farm animals rezone to exclude them rather than the City. Howard Hackney suggested deleting the item entirely. WITHRAW MOTIONs Commissioner Carignan withdrew his motion to table with c000ent of second. Chairman Bryson opened the issue to the public again. No comment, issue returns to the Commission. Commissioner Osborne questioned item 9 asking if this means that 't houees can be built up to the lot line, answer from Howard Hackney, no. This refers to the 1501 setback along the Spur Hwy only. =_ --�a,, i_ MOTIONs Commissioner Carignon moved adoption of PZ66-26 with items 1-12 as amended, seconded by Commissioner Osborne. VOTEi Notion passed unanimously • b,,.- Resolution- PZ86-27i Rezone Baron Park S/D 05 This is city -owned lands. The preliminary plot appeared before the Commission on earlier occasions during devel opment. MOTIONs Commissioner Carignon moved adoption of PZ06-27, seconded by Commissioner Osborne. VOTE Motion poeeed unanimously S. APPROVAL OF MINUTES of June 11, 1986 Minutes approved as submitted 6. OLD BUSINESS None F PLANNING COMMISSION July 9, 1986 Page 3 i. NEW BUSINESS a. Vacation of Anchor Easement: Lot 169 Blk 49 Kenai Peninsula Eatatea - Tommy & Catherine Messer The requested vacation is for an anchor easement which is described as an easement for supporting overhead power lines. There are two in the entire section of this subdivision. As all utility lines are underground, these two anchor easements become unneceoeery. There is a S' utility easement running along the front of the contiguous lots, this easement will replace the anchor easement vacated. MOTIONt Commissioner Carignan moved to issue a statement of nonobjection, seconded by Commissioner Osborne VOTEt Motion passed unanimously b. Vacation of 49200 sq. ft. of Sprucewood Rd within Sprucewood Glen S/0 03 -Lowry & Partee .... Public Works suggests a postponement as there may be some problems in this area. MOTIONt Commissioner Carignan moved to postpone, e9conded by Commissioner Osborne VOTE: Motion passed unanimously c. Preliminary Plat PZ66-26: Etolin S/D First Add. - 0efoor's Add. This was formerly city -owned lends that have been purchased. MOTIONt Commissioner Carignan moved adoption of PZ66-289 seconded by Commissioner Oleson VOTE: Motion passed unanimously F PLANNING COMMISSION July 9, 1986 Page 4 d. Resolution PZ86-29: Supportinq Extension of Borough Landfill The Commission reviewed the letter and the resolution and agreed, however, asked that it be noted that the letter and drawing did not depict whether the area was the "two new cells" as discussed earlier. The Commission oleo asked that it be noted that it is assumed that Administration will be closely monitoring the expansion. MOTIONt Commissioner Corignan moved to adopt PZ86-29, seconded by Commissioner Uleuon. VOTE: Motion passed unanimously 6. PLANNING None 9. REPORTS a. City Council None - Councilman Wise not in attendance b. Borough Planning None - Commisoioner Bryson has been on vacation. Agenda is in the packet. cc. City, Administration The Borough has asked the City to be aware of the situation in the Ksailof River with the placement of bouye as the City has retained the mouth of the Kenai River as exempt. The,eituation referred to is the info item: Corp of Engineers Permit. With the number of requests for mooring bouye, a real problem with conjestion is probable. Commissioner Bryson will be keeping us informed. Request concensus for meeting with Landscaping Review Board and Council, preferably with the Board first. The Commission agreed on 6e00 PM Tuesday, July 15th. The Board will be informed. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None i .�u p 01 C'.. , ,-. PLANNING COMMISSION July 9, 1986 Page s 11. INFORMATION ITEMS No comments 12. COMMISSION COMMENTS b QUESTIONS Commissioner Osborne asked about the progress on the drilling operations for Commiseioner Smalley. The application hoe been before Council, however, it is not known the current statue. Report next meeting. 13. ADJOURNMENT There being no further bueineee, the meeting was adjourned of 7a42 PM. Janet A. Loper Planning Specialist rJ .o CITY OF KENAI 64#&1 aj 41 ,. 218R OALQO KENAI, ALASKA ON" TROMONE I13-MB July 81 1966 MEMORANDUM TOs Tim J. Rogere, City Attorney FROMs Kim Howardp Administrative AesietentO REs Redeterminations This memorandum is in response your request concerning the number of lessees who have notified me expressing their dissatisfaction with their increased lease rates on late being redetermined this year. A qualified appraiser performed appraisals on each lot and the appraised values have been confirmed by a second appraiser. One of the reasons for higher &ease rates is because five years ago, at the last redetermination, many of these lessees had a one-time 50% cap ee a result of a 1979 Ordinance. That Ordinance wee repealed in late 19619 and Ordinance 684-81 limited the cap to on -airport landep restricted to aeronautical use only. This year there were 31 Iota up for rive -year redeterminations. I have received 14 signed Amendments. The following is the statue of the remaining late. I have attached copies of the appropriate correspondence. • TENT (Kambe)9 Lot 129 Aleyeske Sub. hoe submitted a request to purchase their two lots. The previous annual rate for Lot 12 was $1,350.009 the new rate Is $4,500.00 Phillip Evens, Lots 2 & 39 Block 59 C11AP - wishes to rescind hie lease for Lot 3. He hoe submitted this in writing. The previous veto on each lot wee $9B7.75, the new rate is $49486.60. Walter 6 Gloria Churcht Lot 6, Block 29 F:dalgo Sub. - I received a letter Juno 26 and have forwarded it to the Legal Department for response. Previous annual rate wee $19594.009 the new rate is $4,353.12, (A copy of letter is attached.) rin . tT. ar"._ , - F ENC Corporation (Alaska Steel), Lot 5 Block 2, CIIAP - I received a letter June 30. Previous annual rota woo $29440.509 new rate is $6,510.00. (A copy of letter la attached.) deluge Development, Lots 10, 11, 12 & 14, Block 1, CIIAP - Received letter from their attorney (Frost & Greehin) addressing this and other problems. I have forwarded this to the Legal Department for response. The previous rate for Lot 10 wee $2,355.00, the new rate is $6,276.84; for Lots 11, 12 & 14 woo $2,362.509 new is $69300.00. (A copy of letter is attached.) Milton Steaek, Lots 2 & 3, Block 5, GAA, hoe submitted a letter July 1 proteoting the increase and requsated the propoaal go beck for review. The previous rates were $11749.00 and the new rates are $4,549.38. (A copy of letter is attached.) The Die -log Company, Lot 5, Block 5, GAA - Has submitted a letter to which I responded concerning the cap provision. Previous rate was $10749.75, new rate is $4,409.40. New Pines Corp., Lot 19 Aleyeake Sub., Pert 3 - Has submitted a letter to which I responded concerning the cap provision. Previous rate wee $6,674.64, new rate is $26,683.20. Ed Zehrung, Lot 13, Aloyeaka Sub., - Wishes to Assign Leese 01 to 8 & Z Ventures. I gave 8 & Z a copy of a sample assignment. He told me he would have the assignment back for the next Council packet. Previous rate woe $1,350.00, new rate Is $49446.00. Aaron Serke, Lot 4, Block 4, CIIAP - verbally expressed dissatisfaction but did sign and return the amendment. Previous rate wee $945.009 now rate Is $5,670.00. I have had no response from Dove Diamond, Kenai Aviation Services, Ron Swanson, and Alaska Busaell Electric on their late. In Addition, Wally Page who "ae Piled a Lease Appliceticn fe Lot 4, Blook-.19 CIIAP hea,verbally expressed to me that he felt the appraisal on this lot woe too high. (Appraised at $909000 x 6% lease rate C $5,400.00 annual lease rate.) Please let me know if you need any additional copies of correspondence or other information. act Wm. J. brighton A N AN V June 26, 1986 ON OP Pas-y oe Kenai �rWto0-1 125 Fidalgo Kenai, Alaska 99611 . Rat Lot 6, Block 2, Fidalgo Sub Account #2020 Lease redetermination Centlement I protest the excessive amount you arbitrarily raised my annual lease payment on the above property. There is no place in my lease giving the "Kenai City Council" the right to adopt a rate of return for the lease amount. My lease states that no increase or decrease shall be effective, except upon 90 days written notice. My notification letter stating the increase was dated May 21, 1986,however, I received it June 3, 1986, then I got a bill for the increase on June 19, 1986. This does not give me 90 days notice antes grossly unfair to not give me a chance to protest the increase. The increase you are billing me for went from 7 1/20 per square foot to 210 per square foot. In these times of slow economy,the increase I feel, is too much. I presently have the property rented and would have to increase the rent from the present .950 per sq.ft to 01.16 per aq.ft. There are too many empty office apacee in Kenai for my renters to pay this much. I would lose my tenants if I have to . Increase their rent oo much. According to my lease. I have the right to protest this exhorbitant Increase and hereby request arbitration. I await your reply. very truly you e igig Church 1619 PAthom Kena', Alsaku 99611 263-7463 r Ali F ALASKA STEEL Co. t200 West Dowling AnohOffi!% Alaska 99802 a •, (907)681.1188 JUNE 30,1986 �V/ ��' �li'i•ik`J� TO: CITY OF MMAI —" AM KIM HOWARD REt LEASE AGREEMM LOT 5 , M= 2 , CIIAP We ask that you reevaluate our lease, We feel a small increase would be acceptable. But with the real estate market the way it is today, we feel a increase of three times the amount, from the previous year seems high. Reading the ordiance #684-81, seems to state that were limited to a 50% increase, that should put otir lease to $3,843.80 per year. We would appricate it, if you retconsider our lease. Thank you, for your cooperation. Joe Suiter Alaska Steel Co. NOW D/OWWOM for Abdo n IN — 7 r r jkAl ASKA STEEL CO. vast Dowling orage, Alaska 991*2 661.1188 N JUTE 30,1986I& y� Mil CITY OF YO01AI ATM KIM HOWARD - � •- � RE: LEASE AGREEMM LOT 5 , M= 2 , CIIAP We ask that you re:evaluate our lease, We feel a small increase would be acceptable. But with the real estate market the way it is today, we feel a increase of three times the amount, from the previous year seems high. .q Reading the ordiance 9684-81, seems to state that were limited to a 50% increase, that should put our lease to $3,843.80 per year. We would appricate it, if you retconsider our lease. Thank you, for your cooperation. Joe Suiter Alaska Steel Co. - Steal DlaMlbutors for Alaska c r STEPHEN F FROST DAVID E. GRASHIN FROST & GRASHIN ATTORNEYS AT LAW 3900 ARCTIC BLVD.. SUITE 201 ANCHORAGE, ALASKA 99") June 26, 1986 Kim Howard, Administrative Assistant City of Kenai 210 Fidalgo Kenai, Alaska 99611 Re: Lots 10, 11, 12 & 14, Block 1, CIIAP Dear Me. Howards ' I N 1 r �"•` �vBb• -- c� AREA CODE 907 563.03O3 Please be advised that these offices represent Beluga Development Corporation with regard to the leases on the above -referenced property. On behalf of my client, I have reviewed the leases in question. I have also reviewed the correspondence in this matter and believe it appropriate to set forth, historical- ly, what the City of Kenai has attempted to do and has done over the years with regard to those leases. Firstly, the City has at all times refused or failed to renegotiate the lease terms on each fifth year anniversary of the lease. Instead., the City has simply dictated a new lease rate and threatened to terminate the lease if the dictated lease -rate increase was not paid. In the past, those increases were not substantial and my client hats acquiesced in the payment of the newly dictated amounts. Secondly, it appears that there was a 50% increase cap in existence pursuant to the Kenai Municipal Codeo if that cap was in effect in 1966, then it appears that it should continue to be applied to these leases pursuant to the grandfather rights acquired by my client. Thirdly, in 1981, the City threatened to cancel the losses altogether if my client did not begin construction of improvements on the leased property within 60 days of receipt of notice. Of course, that was not consistent with the terms and conditions eat forth in the lease agreement G • t Kim Howard City of Kenai June 25, 1986 Page 2 and my client vigorously objected and the City amended its. position. Fourthly, in May, 1985, the City attempted to impose new leases on my client and I was retained to review and discuss that proposal with my client in June, 1985. The ' proposed new leases were eoriously to my client's detriment and were not executed. Finally, each year my client receives a demand for pay- ment of the real property taxes. Upon reviewing the lease, it appears that my client has been coerced into paying the property taxes which it had no contractual responsibility to do. Last year the taxes exceeded $4,200. This year, it is expected that the taxes would double based on the new but „ questionable appraisals. .Over the years, it is believed that my client has spent more than $40#000 in the payment of real property taxes, all of which should be reimbursed to my client by the City of Kenai. With regard to your letter of May 21, 1986, I find the language contained therein particularly objectionable, but consistent with the City's past actions. You state that the leases contain a clause for a 5-year "redetermination of the lease rates." The word "redetermination" cannot be found in the lease. However, it appears that every five years the City takes the position that it can unilaterally determine what tho new rate will be. This is in direct violation of the lease agreement. Furthermore, with regard to the City Council adopting a--- 6i rate of return, - for . lease of airport lands, that hag absolutely nothing to do with the leases under discussion. If the City Council established a 20% or 40% rate of return figure for airport lands, it would not affect my client. The lease rate is what it is today until it is renegotiated or the Board of Appraisers determines it to be otherwise. To "negotiate" means to bargain, discuss, arrange, conduct communications or conferences, and calls for deliberation, discussion, or conference upon the terms of a proposed agreement. Although the City has never been inclined to "negotiate" this lease in the past, we feel that due to the outrageous increases dictated by the City, that the terms of the lease must be adhered to. ° I. F Kim Howard City of Kenai June 25, 1986 Page 3 With regard to Lots 10, 11, 12 & 13, pursuant to ny client's letter of May 11, 1981, you were advised that Brinkerhoff Drilling Company is the eubleesee. They are now paying $1,550 rez tinonth or $18,600 annually. (My client has never been able to sublease Lot 14 despite efforts to do so). Based upon your newly dictated terms, my client would have to raise the rents to $3,333 per month or $40,000 per year to simply to cover the lease rate, taxes, and Insurance. Of course, my client does not intend to pay any more real property taxes until such time as it can be shown that it is contractually obligated to do so. "However, there Le no doubt that Brinkerhoff will vacate the premises if it receives notice that its monthly rates will have to double beginning July 1, 1986. My client is not inclined to give such notice until such time as a lease rate is renegotiated and established. However, if the City of Kenai is going to take the position that any newly established rate shall be retroactive back to July 1, 1986, then my client will be compelled to promptly announce the increase to Brinkerhoff and risk losing Brinkerhoff as a tenant. Of course, if it is subsequently established that the lease rate will not be increased in the amount currently dictated by the City or it is established that the new rate is not retroactive, and my client has lost Brinkerhoff as a tenant, then Beluga will look to the City for damages as a result of Brinkerhoff Is vacating the premises. My client must mitigate damages but not at the risk of subsequently being responsible for the substantially in- i Greased lease rates. The•simple fact is that -if Brinkerhoff were to vacate 1. the premises and the lease rates were more than doubled, as per your latest letter, then my client would have no further interest in leasing the property and would terminate the lease effective July 1, 1986, due to the City's failure to negotiate the leasest the City's ignoring the 500 cap rater the City's past actions with regard to terminating tho lease for failure to construct improvementer the City's efforts to impose new lease agreements detriment- al to my client's interestr the City's improper threats to foreclose my client's interest if it does not pay the real property taxesr and the failure to negotiate a new lease rate with my client on the 5-year anniversary dates. 0 N A • t Kim Howard City of Kenai June 25, 1986 Page 4 In conclusion, if you have in your possession any in- formation which you believe requires my client to pay the real property taxes# please forward that documentation to me. Secondly, please advise immediately as to your position with regard to the retroactive offecl. of any lease rate in- crease. Finallyt please advise me if you are in a position to renegotiate the lease rate. Thank you for your time and consideration in this matter. 8 core' 8 ep en UPIdo ace beluga Development 0 i - + +'• FROM T ' • Kearvai polo r•mto r tzk ... n,. ;y a 10 •�: Ic�Ic� 115 i� . 1,c3; Iloc,,�, ` , `= SUSIECT DATE Q� , mat raf.- (0325-gc0 17/ l ON )FP i�!� `7fr'f�dd� �}'•'/f�O �010.��P - �1CM"' . ;zre-cm 1 Tr SIGNED ' �� j. -' e.' .�.. . -- . , - .�..:::t..,.i"' � :tif:".QC'A�91!'iD.IOA?.it�'" a "d41�47":. , .'�• • 4S 4e8 C�I'NO REPLY NECESSARY REPLY REQUESTED - USE REVERSE SIDS _{ �,T _ 4 s 4 4j. tZp'} - - °= Tz_: d.. _ L Resource Development Council • for Alaska, Inc. Ns t8s11, Ni t. Nab IN NIS - 01410111 slXt�'IP111Yt On" • July 91, 1986 TOs Members of the International Trade and �• Industrial Development Division'���'.°�i,�i A meeting of our division is scheduled: fors Wednesday. July 160, 1986 times 7s00 - 8:00 a.m. at& RDC conference room (free street narking) 007 O St. Suite 200 GUEST SPEAKER: Representative Terry Martin TOPICS Free enterprise zones and their possible , application in Alaska. I look forward to seeing you there. Larry Dinneen Division Chairman P.S. Be sure to attend our Thursday breakfast forum, July 17, at 7s30 a.m. at the Northern Lights Inn. This week's guest'speakers are gubernatorial candidates Joe ..8ayes, Bob Richards and Ron Somerville. They will detail their -platform on developing Alaska's resources. Pot reservations, -please tali 276-0700. n� •j s . }; 1• U F Jun® 1986 L Sponsomd by AlaskaHellcoptero, Inc.. Vw'F0 . � .. i ROIUm Pgnp, OuuYM,O r � esource . 1 evieuMayor Tom M: Wagoner RCity of Kenai Resource osvelopment Council for Alaska, Inc. sox iooete, Anchorage, AK 88�;.'•. ai0 Figalgo �® •� ,'Kenai, AK 99611 i Impediments to Alaska's export Identifzed at heartng potential 1 aive land casaNlrotlons and Infra. Proteclonlet legislation, restri structure constraints are three major domestic Impediments to realiz- INSIDE ing Alaska's export potential, according to Larry Dinneen, Director of the Resource Development Councll'e Intometional Trade and Indust- a Ton gals report deceptive ...................................... 3 real Development Division. a Tourists need affordable access ............................ 4 In remarks before the Senate Republican Conference Teak Force a Alaskans reject park plans ..................................... 6 on International Trade Policy, Dinneen sold the banon exportingcntdo a Explosives used to scare whales ........................... 6 oil from the North Slope Is a major Impediment to what could be p I ed rt Co led with last month'a Congres• Alaska s greatest va u expo . up pplonel move to prevent the export of Cook Inlet all, 'the Export Ad - Act sends a firm signal of our nation's unwillingness to trade In the very commodities thet our trading partners cook most — anerrggyyresources," Dinneen said. Dinneen told Senators Frank Murkowekl and Nancy Kassebaum, who chaired the Anchorage hearing In late May, the RDC supports legislation which allows a 00 day visa exemption period for foreign travelers from designated European and Asian countries. The RDC spokesman said educating visitors to Alaska's resources and desire _ Nan I, 040*h (iJpM , Pn OMt and Gensler Manapsr of Centime ache, Inc., and IOC Boe►d member John Rena of NANA Regional Her►, ennd balers Me eitsof the proposed Red Mg road end elm mina C&nkWhaa entemd aonr wntm with NANA Regional Corpora• Hon b demebp rho mire, w to be aw free wX019 Hneir depose of zinc and lead TM demelw,% in 000moon with fie &tare of Aloft are W7ar3 to bulyd a mad from tidewater to the rMrre. The mint POWs wrb be eh�Oprd ro PANIC RIM marlats. L to export Is best done while those visitors are In Alaska, where they have first-hand experience of the state's resource wealth and strategic location. The RDC testimony also pointed out that primary manufacturing requirements on commodity exports ghres private rosouroe owners a govemmont•opeinsored edge. Dinneen cited as an example Ember Irom the Tongees National Forest which must be "canted' vs. round log exports from private lands. "Value-added restrictions may not be the best mechanism for prom• oting In -slate manufacturing, especially if N makes the commodity uneconomic and undesirable," Dinneen said. Two other major Impediments to realizing Alaska's export potential are lack of access and prohibitions on exploration and development of resources, Dlnneed said. "Since lose than one percent of the state's Mafia, IS In private hands, and since many of the restrictions are a result of ANILCA, Congressional efforts to enable or allow development are of utmost Importance," the RDC division directoteald. "Acceeefortransportatlon and power transportation oonldore Is of Increasing Importance to the future of all resource development In Alaska. RDC pointed out that with the exception of the pipeline corridor, it Is Impossible to go from the vast North Slope to Interior Afaeks without confronting a wildlife refuge or national park, Complicating the development scenario are the pmhlbfflms on resource exploration and development within federal units. About 00 percentof allfedomiland InAlaskalswMftwnfremmineralentry. A prime exam is Is the proposed permanent clown of the AroNo National Wildlife Refuge to oil and gas exploration. Another example Is the Ton" National Forest In Southeast Alasks where only some ten percent of the 17•mllllon erne forest will ever be ofted due to land classifications preventing Ember harvest. "Alaska le thoughtof as e'etorshouse'ol natural nsources kutead of a producer," Dinneen concluded. "Atssks Is regarded se the k* frontier, rather than a viable modem economy." 7 I ;_ d Message from our executive director by Paula P. Easley r6 Who owns the land? "I had truly been hoodwinked;" what about you? I know it's absurd, but people living on the East Coast, New York City for example, actually believe the nest of the country Is Here are the questions asked: (1) What percent of land In the U.S. do you think Is used for as "developed" as the 819 Apple. Unless they ve been there, they have no concept whatever of the vast wide open spaces outside settlement, commerce and Industry, energy and mineral produc- Ion, transportation, water storage and other consumptive uses? their dry. Flying around Alaska really blows their minds. Answers ranged from 1016to 780/a, with the majority responding After living In Alaska ell these years and reading a ton of envlron• mental llterature,IwasconvincedtheAmerlcanpeoplewerepaving above 600/6. The correct percent? 4.5% (2) What percent of land do you think Is used for agriculture over the south 46 at an alarming rate. They've done a marvelous job at convincing us that weVo' destroyed" so much land that we and (forestry, Including rangelands? Answers ranged from 12% to 60%, with a mean of 3611/9. The Is 70%. must remove every acre there left from any kind of productive use, The media unquestioningly carried forth their message. correct percent (3) What percent of land do you think Is devoted to non•oon- It wasn't until 1 began meeting with the National Public lands eumptive uses (parks, wilderness, glaciers, deserts, wltdlando and Advisory Council and traveling to such "resort" outposts as Rosewell, New Mexico, Casper, Wyoming, Klamath Fells, Oregon, wator)? To this question, responses centering between 40 and 8016 Grand Junction, Colorado and Butte. Montane, that 1 became fleb• probably meant people Included rangeland in this category. The bergested with how 111111119 of our nation's land hod been paved over. correct amount Is 17.6% I had truly been hoodwinked, and that made me mad. Then, to and behold, the Sell Conservation Society of America Now, aren't you glad to have this juicy tidbit o1 Information? end the U.S. Department of Agriculture published Information that tells us how the land base is actually used. P.S. On my recent (first In 28 years) automobile trip through the Pacific Northwest, I was fully prepared to view a vast clerucut 1 couldn't believe the figures, so I passed the questionnaire around to the ADC staff and later to readers of the Resource wasteland. Now thrilling it late soemile after mlleoftree plamalone Nith new growth 20 to 40 feet high. Thanks, Weyerhaeuser, for Review. Turns out I wasn'tthe only one who'd been hoodwinked. (Staff members were embarrassed that their answers are so for those algns, or I'd never have known the areas had bee,1 out. Even more exciting were the honostto•God togging trucks with logs on off bsse — I promised I'd never tell how far.) MOW National lands council names three committee chairmen Paula Easley, Executive Director of the Resource Development Resources Committee. In addition, Larry Kelly, chairman of the Council, has been appointed chairperson of the lands Committee of the National Public lands Advisory Council. Board of Supra Corporation, a Houston oil and gas exploration firm. was appointed chairman of the Energy and Mkrerals Committee. Easley has been serving on the 21•member federal advisory board since 1982. Her now position with the NPLAC was announced The NPLAC meets quarterly at various points around the Hatton lastmonthattheorganbaoon'espringmeetinginCasper,Wyomi Wells O'Brien of Reno, Nevada, was appointed chairman of the tooHerobjecliveadvloeonlhemanylssuor►.eurroundingmultlomn management of the pubk lands, especiMtitt thous affecting dnerpy Council while Robert Wright, former vice president of the National Cattleman's Assooletlon, was appointed chairman of the Renewable and mineral development and overall rangeland management. Easley Is Alaska's a* representative on the Council. IgrAllrutOwtlopntrM fxtaaMQonlrnKMfa01a01rt •' 1h�pD00u�YNMMbOrldMla+lQIM�IN�IN�`. ',.+' •'. . Coulee, klo, PrMbtnl .............•.. ftoyderewrAN10 �- 900,Andior101. ' ' • . • „ ,,, r; ��.� `-. �. r. in iMtouoo OwtbpntM QcuMl (ROCI ki VbtPntl0tlM� .............:..John%roukle tna Pntietld ..... • • • . • • • • •,, HMxi •. . . . IMfrax llwlwr M »anldr t°ir Alta.'. rtrpttt vr►raMlt►Mna�e naaront eoononuo viol Prtidtnt . ............... tllltgr .: den Ilttoua aaner"10eir�+aQ b �a0t Odan waking &whop atatury . 6,K. Wry Andwsp, 4040110 - foo+►1 CTAOiOp' •.. i,te�rdrttaxottintnardtdpnnnlltrtlld 10 OWN t aN0lbbtNd, dNtnlAtd toonomy when Trwlxtr ................ Pal Prttldo ..............: QIn1AN tbbl/ , IItt111M M1 M1 f>i+bMoMeal rngi bt ri YrM1 r�ou1 ' , pow" - IMMI oft anMorxnt111 : t PrtMOtd MlpfOpllM1 N OMn Frdou0w0trtotor .......... Fk%P. EMlty CtAlbrNwr .. �r:� Pao WIN entnatrt NMI � Otrod WA to It. rtnp wttt0lr bnYdW nnMMq *loll olld nrdorr OtpM Oktaor �,y L Qry P1blb .•..........•... Pornntn, tiwuont Qkfxlor ......... CN f�lor Q AA -Ildq 11u1Ir . , tltit�ioilR,Mw«roaxoMNrnldtnawb�tin �ipllkNraon-------- WWIfrt0lnOtd► INA 6 t11a nittrklle to h11d on lhm benNNVWn WLPA Mva R111t00110'OOrdkow ........ql:. Ley pp��p� Cao *dw ........:.... Mks 11 OoM 11a01M,faIIIl01t10trl1MlrYldk1a�11MI�OrhF. ' _ tme d oantpondKw to NtttWI@ • QW A FAMIS IItift dhttll'dDim can fan nglltN1d by CW4 �- attKANkreM ...............: KIMHtnN.:.' Mwbm* FI$Mo1n lNnolor ..... Lym OtEd11 .ttlulT ' °. 10061 Miotpl, NnlgHNta rAy�!�► Page 2 / RESOURCE REVIEW / June 1886 V C) , t .. �1 F Alaska's destiny is in its lands Thoughts from the president unllmltedrecreallonandtoudemopporluMtles host Indeed, Alaska Is Non, because the future growth of Alaska's Is directly tied to the of and a of others. overly economy production endowed with riches and is the envy of our other 48 states. resource commodities. However, we are only as strong and welbautied for this giant on - by However, without access to these vast op• deavor as the will of our membership. Our Boyd Brownfield portunitiee, no meaninglul resource develop• Our "potentlal" effectiveness corresponds to the level of com- mitment of the organizations, communities, ment will take plece. will re- main In the ground, lending little assistance Individuals and companies that support our to the crucial mission of diversifying our level- efforts. Of all the Issues before our greal state, I Ing economy. We can reap the benefits o1 our land and Whether your firm Is a full -service bank or a company that salts insurance, real estate, believe those dealing with the future of our lands pose a greater Impact upon Alaska enjoy Its special unique values. Many uses can be accommodated. video equipment, or general hardware, your than any other single Issue. It Is the destiny As the battle heals up to lock up more of success in Alaska's over -changing economy Is connected to utilization of Alaska'e land. As o1 these lands which forges the future o1 Alaska's greatest wealth; our overwhelming Alaska's land, It Is up to you and me to press for rational approaches to using our land and a result, It makes sense for you to Invest your time and money In the Resource Develop - abundance of natural resources. the resources It contains. We must accept ment Council. Consider for Instance our enormous her. this responsibility or the preservationist Brock mineral and coal deposits, vast timber philosophy will prevail. By standing together, we can assure sen- and fisheries resources, natural gas and all The Resource Development Council Is Bible use of our lands and a strong economy reserves, unparalleled waterborne energy, working diligently to bring land Into produc- with opportunities for all. Officials say Tongass report deceptive "Amerlca'e Vanishing Rein Forest," a 4ilderness timber base off limits Into wilderness. Henri promise agreed to b1 envlronmenfollete, In. the Tongass Timber Society report on federal limber said lose than 10 percent of the 16.7 million• eluded establishment of management in Southeast Alaska, Is nothing acre forest would be harvested while millions Supply Fund to pay for road building, the use but deceptive Information and distorted facts of acres would be afforded ultimate protection of Innovative technology and other activities about logging, accordingtolndustryoNlclale. in wilderness classification, to make It economically possible to harvest The report was produced with funds from In exchange for the wilderness design• lose desirable tim6or areas. the W. Mellon Foundation. In addition, a tlons of large valuable timber elands. Con- At the May hearing, environmental groups Wilderness Society full -page ad In the New gress Included provisions within ANILCA to launched an all-out assault on the com- York Times which proclaimed, "Our Biggest protect timber Industry employment The pro- promise by calling for an and to the Tongass National Forest Is getting Beaten to a Pulp," vlelons, which were part of the overall earn. Timber Supp;y Fund and a sharp reduction was paid for with non -grant funds from the In the timber harvest. The groups also pre- Ula Acheson Wallace Fund and the Mellon '� >t ;'/" settled petltlons from 14 Southeast oom- Foundation, munNles supporting a large reduction In the Dr. Carl Newport, a hlghlyrespocted timber harvest. forester and consultant to the Wilderness ;; These communities total about 2,000 Society report, said the report was unba• people, many of whom are seasonal residents lanced and lacked objectivity. who come to Alaska to fish, Meanwhile, pet - In a letter to the Wilderness Society, Now. " Mons from Ketchlkan, Petersburg, Sltke and pod wrote, "In my opinion this report clearly Juneau support the harvest. The combined retlects my failure to convince you that an ' population of these cities Is about 80,000, even-handed examination of the available The Wilderness Society and other preser- facts and opinions and an unbiased presents. 'F:' vatlonlete' lobbying power was evident at the Non of flndinga would be of greater benellt to t �; ; hearing, according to the Alaska Loggere the 8ocl* the Forest Service, Congress and Assoclatlon's John Qatea. Preservationists the public than this openly biased report." In outnumbered timber supporters, Gates said addition, 'the executive summary Is strongly r "'' 1 because the hearing was headed by pro•en- worded, mixes facts with opinions and un• t ,� � ,. vimnmenialletCongresemenJohnSe!boding. truths and generally advocates a Wlldemess i ti~, r, . The Wilderness Society's report Is a good oclety agenda which existed before any t „C r : _,"*. ° example of the lobbying power of the Wilder udyresullelrornthlsproject;'eNdNowport, ness Society, Gales sald.'WVe (loggers and At a congressional hearing last month In Enwfonmentallsts have launched! an assault to the Alaska timber Industry) don't have the Washington, D.C„ RDC vice president Joe Henri exptalned that a compromise forged be• ehs►Ph rodeos the ommercal Amber harvest f,",w1ern°� eb /daN MrroMuph strength �B of the other grotrps; f fN" "Moat o work In the fJmber tndtNry have Ween envlronmeMal groups and Industry a WMp om/se ehu beeveen envy an nentallate and dovelopero six day."y jobs and don't have the lime or placed about half of the Tongass commercial years ago. mo ley to lobby In Washinglort." June 1986 / HESIOURCE REVIEW / Page 3 Affordable 8CC8SS, facilities needed for Alaska tourists rho d00� v�ras a nary, Pohep Q deil�s moat adequate ional parrk example � ed a�esctitlllon In Alaska The Resource Development Council has P°rtthe reage �� capleted n now look forward to crew opportunities at the glacler through the openUp of cently OOrnaeglch•BOgga Volors Confer, operated by the U•9. Forest ServAn asked the President's Commission on Ameri- can Outdoors to adopt six major policy direc• activities were walking, driving, elghtseeing, In Its third point, RDC suggested that re• tivesthatwouldellowpeopletoenjoythewon• picnlcing and swimming. These activillee, oommendations to the President reflect the dare of nature by providinng9 affordable access Easley stressed, require access and facilities. fact that other human uses need not be ellml• and adequate vleltor facil" a In Amerit'a's na• 'The greatest untapped recreational re- noted to have quality outdoor recreation. The Donal parka. source In the nation Is the 272 million acres Council stressed that a sound principle ofmub Addressingg the distinguished members of of land managed by the Bureau of Land Man• 1ple use encourages dispersed user areas, theCommisslonInAnchorage June 2,Execu• agement," Easley pointed out. "Forest Set- a variety of elghtseaing opportunities and live Director Paula Easley said that before vice lands provide another 190 million acres. policies that allow land to be productive and proposing any new legislative Initiatives, the Lands managed by these two agencles allow contribute to the national economy. Commies on should thoroughly assess their Impacts on the western federal land states. the greatest variety of uses by humans, and to meet the needs of recreatlonlete, their uses flexible their con- "In Alaska, natty all popular recreation areas exist because of owes and facilities She said a proposal that might well serve the should remain and under provided by mining, logging and commerclalc state of Ohio could be disastrous to a state such as Alaska. Vol," Nationally and In Alaska there Is slgnill• toudemoperatlons,"Easleyeald."Recreation has traditionally coexisted with other uses, The Council also urged that Commission recommendations refute the perception that contiy more recreational activity on BLM and Forest Service lands than on those managed and this variety of uses should continue." Easley urged the Commission to recom- one cool have recreation without having by the Flesh and Wildlife Service or the Park st-effective aroaches to meet in. "parka" or "specialty designated areas." Easley explained that National Geo• 1986 Indicated that be. Service, Easley said. "Yet the last two agen• cies capture far more Congressional approp• nations for recreation than do the BLM or ccrreasingn needs for recreation that Involve the sate motor. She also urged the Commis. private graphic's opinion poll not to recommend Initiatives that result tween 7601s and 66% of Americans' favorite Forest Service." In negating the property rights of permlltees, lessees, clelmholdere or land owners of any Pape 4 / RESOURCE REVIEW / June 1966 I - I .. s 1 l; 1 type on the federal lands. The Council's sixth point called for the Commission to acknowledge that recreation Is a resource having great potential for peel- tively Impacting the U.S, trade deficit. Easley proposed that dorte be expanded to capture a greater share of the International travel market by providing greater access to public lands and more adequate vWW facilities. "In Alaska, affordable access Is the first step toward providing a range of recreatbnel oppoftunitles," Easley sold. "The best exam• plea a and adequate facilities is � a natktnl park ... at 800,000 visitors annu ft Pala /---N Glacier Is the most visited attraction Aloft." Easley said Alaska's averape tourist Is 64 years old and Is "unwilling to oa" a baokpa�cwalk for WV dbterim or uss do s Pat ol;;; for a rssttoow. W ::e _. a =y' .i i :.c......nt .. 0 Alaskans reject nine park plans low to nine management plans After hearing testimony from concerned deflcleat In many ways," sail Mike Abbott, oed by the National Park Service oon• groups, the Alaska Land Use Council voted RDC Projects Coordinator. "In a nutshell, the tinuestoWowasdffzensandgmpsthrough• not to endorse the management plans. Tire Iscue Is that Alaska parks are different and out Alaska eqressed deep concern over se• advisory council, comprised of state and fed• must be managed to recognize and take ad• veroly rest ve policies that limit public ac• eral officials, will send Its findings to the led• vantage of that difference.' peas to the parks, efd Interior Department which has final say In a presentation before the land council on the plans. June 9, Abbott said ANILCA provides for a Tito Resource Development Council Federal officials generally favored the different park management style In Alaska ned do Citizen's Advlsorryy Commission on plans while state members opposed them. and the plans go some ways toward meeting Neral Areas, the AlaskaMinere Association At stake Is the future of 40 million acres of thatmandate,bullheydo notgofarenough. and others In expressing alarm to the Alaska Alaska land, not Including the millions of acres Perhaps ANILCAwas not explich enough, Land Use Council that the plane do not meet of adjacent lands which can also be Impacted but It certainly doesn't take a great deal of the mandates placed on them by the Alaska by park management. research to recognize that there was a clear, National Interest Lards Conservation Act 'Our review of the general management prevading Intent to protect this Alaskan ac- (ANILCA). plans for the parks has found them seriously reage from being swept Into the mainstream of National Park Service menagemenlwithout .... . appropriate consideration for traditional uses and the special needs and values of the �.: • - ! # fN, lande," said Abbott. In Its testimony, ROC pointed out it was ''N tr �' „ ' `►� dear throughout the documentethatlnholders r 1. + ! will lead the "permit Illes e" the thought ,.� . Y 9 ��yl ..r,��.. , ,,• . '* t.10 '; they were protected from. t Is equally clear, 9'• ! �•• «`.••� . r the Council contendb,that the commercial op. ,�� .✓ ^ . ~' " ,, -Wts�`;! portunkles so Important to appropriate utillia• tlonofthepadmaregoingtobeunnecessadty 1. \.'.. :..`. limited. ,• Abbott said the plans display none of the t sensitivity toward decades of mining tradition and history that was promised. In additlon, Y • �.f ' . virtually non•exletenl transportation systems Into and through the park unite will serve only 10 concentrate the Y / + roblems laced by the few park areas with ease able nra gmrg manep pent plan for Anlakohek NO neI AIOn-im Inf wee one of nine plena releored Trial shipment by Me MAW LwW Un Cound of Interior Washington approves logs sent export of Inlet oil to Asia The federal Office of Management and Two containers of Interior Alaska wood `� �''y` " • • Budget gave Ito tint approval late last month welghing over 95,000 pounds began their 19• to the export of up to 6,000 barrels of all a day �oumey to Korea and Taiwan this May. day from Cook Inlet. Thestatelanstopubllsh Tire purpose of Me Mal shipment, which .1 : , : procedures by mid•June on the disposing of Included cottonwood, white spruce and birch 1 the royalty oil. loge, cents and lumber, was to Introduce new .�f The amount of royalty all Involved would markets to the vast wood resource of Booth• fill only a few tankers yearly. central and Interior Alaska. Recipients of the "It's a very email amount, but It's certainly products In Korea andTalwanwlll reportback Important eyymbolleally, and it's Important as to Alaska on how they were able to use the the etate'e Orel step In seeking a free market wood. for all our resources. Including our North Mike McCrary out the wood In the Trapper Slope oil,"said Key Brown, former director of CreeklTalkeeta area and sent part of It to the State Division of Oil and Gas. Greg Bell In Anchorsooe for processing at the Senator Frank Murkowski led efforts In VaileySAwmilLTheSiateandtheAlaskeLog- A sWk Open boat *NO* up COO lntst *0 a► W"h1r4on, D.C., to gain approval of the ex- gom Association played a mQX role In the pfeMomn ki nit In the aaokpround, port o1 Cook Inlet oil, project. June 10861 RESOURCE REVIEW I Page 5 -41 _T.. _ _: �1 L i 1 0 New regulations to ban use � of lethal action against whales The National Marine Fisheries Service plans to ban the use of firearms, explosives and other potentially lethal means of scaring whales away from catches after Alaska fishermen last month set off powerful explosions In Prince William Sound to scare orca whales from their nets. The new regulations will take effect within 10 days after appearing In the Federal Register. It applies to 760 Alaska fishermen who have certificates of exemption from certain sections of the federal Marine Mammals Protection Act. Fishermen came under Ore recently for using powerful Deladrlve explosives that might harm the whales. The explosions were set oft despite the fact that no one knows what effect they may have on the whales. The Resource Development Council suggested earlier this month that the certificates of exemption, which allow fishermen to Injure or kill marine mammals In order to protect their catches, are essentially a double standard on Alaska Industry. Alaska's petroleum Industry Is prohibited from using explosives In marine environments by a 1976 policy that applies only to that one Industry. The oil Industry's use of explosives has been denied without exception, despite EPA, Alaska Pulp agree on new standards Fishermen should operate under the same mandate the oil industry has been re- quired to follow, that of pre- paring diligently before- hand to assure its activities will not harm the environ- ment. the fact that proposed tests have complied with all conditions of nationwide permits, tho Marine Mammal Protection Act and the Endangered Species Act. In 1984 the State of Alaska refused 10 Issue a permit to Standard Alaska Petroleum Company for a special seismic test program In coastal waters. The Standard permit debate centered around the use of Prlmacord, a small explosive designed to eliminate the peak pressure problems associated with dynamite. Companies prefer to use the detonation cord to paint a picture of geologic structures In the earth that might contain oil and gas. The Standard tear was denied even though It was to take place when environmental risks were at the lowest levels. The Alaska Pulp Corporation and the En. vironmental Protection Agency's Region 10 office have agreed on wastewater treatment standards for the $like pulp mill. The agreement must be approved by the EPA's Washington, D.C. office, the Justice Department and the federal court system. Based on the state's approval of an $6.2 million loan As, for purchase of new equipment, fire agreement Includes a com• pitons schedule. MITI operators and the EPA have argued over wastewater treatment standards since the EPA denied a variance for the mill three years ago. Page 6 / RESOURCE REVIEW / June 1 Provisions of the Bristol Bay Cooperative Management Plan banning the use of explosives fcr geophysical surveys had a major part In the decision, as did intense pressure from fishermen and environmental groups to prevent the use of explosives In water. The Alaska Oil and Gas Association is now conducting a $120,000 experiment In Resurrection Bay near Seward to convince state officials to lift their ban on the use of Primacord for seismic exploration. The program Involves a number of small explosions to assess possible effects on juvenile salmon and herring. The slate has agreed to reconsider the oil Industry's use of explosives once It has more Information to work with. The AOGA study should provide that Information. The Council believes fishermen should operate under the same mandate the oil Industry has been required to follow, that of preparing diligently beforehand to assure that l Its activities will not harm the environment. Double standards are not only unfair, the Council believes, they are nonproductive and confusing. They cause chaos for any Industry doing business in the state. L L 0 A Here comes the pork ... 8ea•Land ahem Davo Don say artd John Cleveland worked allday rrasting porn and bear for Moral hundrod foike who attended RDC a spring bash at Alaska Hollcoptere In late April. Rex Bishop, our host ... and Rex Is the first In line Does Alaska need a recreation river bill? HS 93, which would have created an open-ended recreallonal river System on state landloprotect siximpodentsoutheentraidvere,lalledtopassIho leglelaturethisyear. Some people fear that the failure 01 this bill will mean the destruction of Alexander Creek, Lake Creek, Moose Creek, Talchulitne River, Talkeotna River and the Lillie Susltna River — this Is simply not two. The issue here Is not whether we should protect these rivers from activities that will Impact the significant rooreational opportunities. The real Issue IS whether legislation Is needed to accomplish that goal. Everyone, from developers and sportsmen to real - dents of the Susltna Valley and Anchorage, agrees that the recreation values of the area must be protected. The Resource Development Council was assured that the protections mandated by NB 93 are already being enforced by the Department of Natural Resources (ONR) Legare not threatened, would dimply add re, her DNR has aler of t he ecessary authority tation and oo lands that managethe are not Threatened. Furthermore, lands to protect the recreation values. Since DNR Is, In fact, already managing the areas to protect the Important Values that so many Alaskans rely on, It Is obvious that the bill Is a clear dupflcatken of management direction. In general, duplication Is costly and unnecessary, and should be especially avoided In times of declining revenues. Following are epeclllc examples of such duplication: The bill set three goals for the managgmont of the rivers: public recreation, wildlife habitat and water quality. The Susltna Area Plan alroady classified those lands r... rotect these elements. The bill would have prevented land disposals In the river wrrldors. The Department of Natural Resources has already placed these lands off limits to land disposal. The legislation would have closed the area to mineral entry. The Commisslonor of DNR has already signed a mineral closing order for the came lands. The bill would not allow prohibitions of snowmeehine or motorboat use of the rivers. Thereareno such restrictions on the rivers right now and DNR is not considering any. Since DNR Is presently enforcing the mandate of the Susltna Area Plan, public review and comment are required by law before any changes could be made to these river areas. The State of Alaska went through a long and expensive process to generate the Susltna Area Plan that would el Imin ate the need for piece -meat legislation such as H093. The legislation would not have improved sporthunting or sportfishing on these Impor- tant rivers. Measures to improve the resources of the area are being considered and will be implemented without legislative mandate. With or without HS 93, no new mining claims will bo allowed and no state lands will be sold In the six river corridors. Planning will continuo as needed and land managmem authority will remain where It belongs — in the Department of Natural Resources. Jt L I'll, rhingstad, an oHloer with Carpsntere Union Local 1281, donated his eervloes to ROC last month to build tabletop t000ver foul mis• matched tables /n Rix's oonrerenoe room. Executive Dlrootor Paula Easley oompdmente Pith for No hard work, which has gnron the eon• foreno9 room a bright profenkne► new look. Notable Quotes "Our family of four relocated from Oregon to Alaska last year. It was a move dictated by special Interest groups that shut down the Umber Industry where we were. We saw numerous Jobs lost and mills Shut down be• cause those'interear groups were deciding how the breate should be managed." Mary Ann Lamb Alaska Women In Timber "Environmentalists have relentlessly pur• sued a political agenda to further erode hunt• Ing and fishing opportunities In Alaska. Whenever you ask any of these folks It they are an0unting, they almost always deny It; however, although In many oases they ars not directly opposing hunting, they are In feet working to prohibit aocees to many areas left openm jar oaner rreptive users." Ed Alaska Outdoors Council, Inc. ins logo I RESOURCE REVIEW I Paps i L ..q I H l ! Y t t !' I �t Pr 9 1 • • PAY ESTIMATE NO:+ 017, y�o/O. P-o qro", CITY OF KBNAI Project INLET WOQAs swplyIsION Contractor Doyle Construction Company Address Route 1, Box 1225 Kenai Alaska 99611 Phone 776-8552 ♦ i Project No. Period From 2-26-06 to 7-6-86 ANALYSIS OF ADJUSTED CONTRACT MOUNT TO DATB . (D Original contract amount 0,743,750.56y✓ Q2 Net change by change orders j) Adjusted contract amount to,.dato 1,743,750.56 ✓� ' ANALYSIS OF WORK%COMPLETBU /,btt2,ko� ® Original contract work completed OS -Additions from change orders completed 0 © Materials stored at close of period 0 O7 Total earned®+O5 +©" /•(�Z�,NeME, © Less rotainage of 5% percent-m;q". 0.- - - - O9 Total earned less retains;eO7 -®-—1•�4trr197a_,{,yl�.ls�r� 10 Less amount -of previous payments 1,300,470.88 / 7 �J Balance duo this payment ; 10 Contractor Doyle Construction Company Bngineor 1)eAiant Matnna As,ociatoo % c ''��d' �-1 ; Inapectiont wince, Corthell, Bryson L -sr�r P1 of OWNS PAY ESTIMATE N0 6 ' INLET WOODS SUBDIVISION I� CERTIFICATION OF CONTRACTOR ACOorINS to the bast of my kaowI dg, and belief. l artily abet all Item, end smounes shown on the (see of ibis Periodic Estimate lot Psctlel Paymnnt ire aarreet) that ell Mork has bean performed end/or moeeelol load in truil accordance with the requirements I o! the r lecenoed Conuaat. cod/ot duly,uthorlesd dsvi,tloas. subeeleueloaa, aleeratlons, oadlror additlooe) that the foregoing Is r I�ue en� erect ,enamam of flu aoatc,ct account up so end including the last day o! ehe period covered by this Periodic Eatimate) c at no pace o! the 9,lonce Due This P,yment has been received. sad that the undersi=reed and his ,ubContraocaa hars•ffth•er apnne•ef• aa•) Go M Complied with all the labor provisions of sold contract. 4 b. ❑ Compiled wi h all the labor provisions of sold contract except in those Instance, where an honest dispute erislo with re• ,pact to sel� labor provisions. (it (e) to chocked. describe briefly nature of dispute.) 4. By DOy a conatrucitiftt'Uftany (97 of Aulhalsed a•egtivo) ` 0 July 7, 1986 _ Title Secret/any-Treasurer CERTIFICATION OP ARCHITECT OR ENGINEER I Celli( thee 1 have eked and verified the above and lorea ng Periodic En imate for P,nl,1 Pa menti that to she best o� my it is *clad bslls� it ie a Irua end car C4 eratemsnt o� wak perlolmed ,nd�ot m,eeri i ,upplled ry the oonec,ocori that , wowyy ,n�/oi m,atla► Included In this Petjodia Betims a ea been indpected by me end�or by my duty ,u horla,d representative or sesislenta and that It has b ,n pedormea end/or suppled In lull sccordsoce with r,quirsment of ohs is�wrono, o4nu,at{ an� that paftl l ,et claims and requested by the Contractor a coneetly Computed on the has=, of work perform,d ,ed/or m,e,• I Ilsl supptra date. I � Signed t,� - " (Are tat er •eglnrur) —9-8(. , • f Dace .7. i, PRE•PAYMINT CERTIFICATION -BY FIELD ENGINEER a... Cheer rrr• a Reyat•nr s•rtln•dr rlieeked pie estimate against the onersclor's 8er•dufs of Amounts for Contract Payments, the notes an rgpons of my wodt &iflorm,d and/Ct materials ,uppppi ed arscout tiihat the contractor is a�scovlfig the requirements of the Contras , ,� of !F I that t , e0nl/,Ctor should be paid the amount requested above. ( �1 eonify.lhat all.wolk and/or materials under the contract has been Inspected by me and that It hoc been patformed'and/or cup. 1 piled in full ,c otdenCe with the requirements of the contract. ..... � '?y%t✓ � �-9-ems ^ (/told engineer) (Dole) �i Approved Jeontrsetang Officer) - 0 ii A" -. . . . .- .. . . 7 r 7.2 7, a-0 9s PAY ESTIMATE N 0 : 1 Cl/ CITY OF KENAI MAi Fo -1s ROBIN DRIVE, KENAITZE COURT. EAGLE ROCK DRIVE, SANDPIPER LANE, Project TERN PLACE, AND SOUTH STRAWBERRY ROAD Contractor DOYLE CONSTRUCTION COMPANY ,• - Address Rt. 1, Box 1225 Kenai, AK 99611 Project No. Phone (907) 776-8552 Period Frem to 7-7-86 ANALYSIS OF ADJUSTED CONTRACT MOUNT TO DATE �l Original contract amount $241,252.00 ✓ O2 Net change by change orders 0 Q3 Adjusted contract amount to date $241. 52. 0 ANALYSIS OF WORK C011PLETED ® Original contract work completed ii�69 2� " ® Additions from change orders completed ©• 41aterials stored at close of period —0— Total oarnod(4 +O+©''i'*80 Z10„�► '�'] ® Loss retainago of 10 percent EZRWS_?1 01:9 QTotal earned less retainagoO -O9 n i ! 0 Loss amount of previous payments e 0 Balance duo this payment /9 9..1-39..5's J tj .. . .. • «e Sur•.., , r«y.. «.. �..,,p «.... ..... ... _ L r'LY L 7 Page a Of _ 3 PAY ESTIMATE NO: ► • ROBIN DRIVE, KENATTZE COURT, EAGLE ROCK DRIVE, SANDPIPER LANE, TERN PLACE, AND SOUTH STRAWBERRY ROAD CERTIFICATION OP CO?rT ACTOR•• Aeeol'JlaF to the beet of my knowledse and belie(. I cattily that all items and amounts shown on the face of thin Periodic Estimate (a Partial Payment aro eorrectt that all work has been performed and!oe material supplied la� Of ill* rolorencod Contract. and,or July authotlseJ deviations.substirutions. olearult aceordanee with the eaquiromonts otlona. and eradditional that the (oresoinR is a That And paceeof the "balancef IncuThis Payment" has b andraceivod and that the undersigned Period oand hisesubconuoetors hsvi (Ce sal apArllaal. 1111e) a. [ Compiled with all the labor provisions of sold contract. b. G Complied with all the labor Provisions of said contract except In those instances where an honest dispute exists wish te• epees to said labor provisions. (It (b) In theaaed. desetlbe 1•tlelly natuta of dlasture.) f 19_ °__ Title , S_ per tarx Treasurer J gM•Mlwwaaerteae►r CERTIFICATION OF ARCHITECT OR ENGINEER 1 evelify Ihal 1 baVe a•hualtud rnJ vueilied she rhove Ind furypuing PV"oJiv RsIimaly for 11ernes Faymontt that to she built of my knotvluJpq anJ bellvl It Is a teuu and C01I 1,tatemunt ul tvwk Iwtiormud and or material nuppllvJ by the euntravtuel thal all wd►k and' us malvlial IucluJuJ to thin f ►'r►a►Jic k•ttimaty hen het•n to%pa•elv.I by mu anJ t%, by my July authuriat,J tuproauntallvP ut ashitunln tnJ that it haw been pynurmuJ an,1'ty l.upplivJ in full •1:cerJ.lncv with tvquilamvnts 0 Ihv Iwvta•ncu 1: nn.tuli and Thal parti.tl Iymvnt clai wJ .►nd rvquvswJ l+y v contractor is vutttvtly vumpulvJ uu Ihu hasia as wavk pvrlurtnud nnJ•'ut mates vial •uppltvf I�a�� llipnvJ Of:ealaTech u►na.►ew . 1 ytee t1 Uaw PRE•PAYME14T CCRTIFICATION BY FIELD ENGINEER tihl•a 1 I,yr Yl I�YYMMry1 1 eII1111 d r • ;� 1 iliac rha.lvd Uli. v•um.nv .talinat the cunv.la.v'• S.•h.•th.A• al .Imluslt. G•a C.nhuvr Awnlenla, Ihv noly% and tvpu►sa of m 1n.p•.•nun. nt list, pnnvat..tat the 11'r1...11a nr,•rt• .ulmottv.l he thv .lrvhuavl vn�lnt•vt. It 1% my dpuu.ln ill.,, list, abllvinvnt t�l 11prk y:rl••tm• I .111,t a•r 01.►Iok p.j ,IV 41•I 1a .1: ,l1IV t•, tt►'I 16v t.•1lrrra'tt•r 0% tlhavrt►ap Illy tvgalrynlynhl of shy edntlalle..111J Ih,11 tbv awnaa•an .huul.l N• pa1.i u1v •mount requa•atad nhut•v, I.t111tI I1.,1r A.. q..e. ♦nJ ar 1't.1b'r . ua.l r tilt ♦rn11.1a1 h,1.:vtn ►a.14a1cJ 1.1 tot, .Ind Thal 11 161• but -is +Yp• l•i1eJ Sit sull It'.'Vf.lda:p pills IM' •y tfvm 11♦ pl illy a.tlff.l. t. OC4205WAtY�:a ►'nrinrer► 1 ties 041WI L 6 d, u I-,-. -- — -- ..,�ago 1 g PAY ESTIMATE N0 CITY OF KENAI project BAST ALIAK ST.. NOi�TH HIGHBUSH LANE` SWIRES VRIVE SOUTH HIGHBUSH LANE, AND BUMBLEBEE STREET Contractor .,...^ _n,ljMfted 'rr .>>�`". s err•. U��,.�.. •:, Address 8821 Emerald Drtva Anchorage, Alaska 99502 Project 'No.--g9Z6,Z —~ � Phone 2d8-6690 Period From 20 to �� a 'i ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE 1 Original contract amount $768,605.80 ✓ Not change by change orders _ ' - �09 f'91 S',3 O Adjusted contract amount to date 9iGs 999..33 ANALYSIS OF WORK COMPLETED ® Original contract work completedTG�?,�.,��� OS Additions from change orders completed _...�G • �� ✓ G6 Materials stored at close of period Total oarnodO+OS +©- 4!!2 T"7.33 ® Loss retainago of percent �7 %� • 7 '0 OTotal earned loss rotainago( -0- �,�.�� • �G_+ ib Loss amount of previous payments /%� G' '✓ it Balance duo this payment .. .. - - U n.wf�n/ cc: Contractor Construction Unlimitedt Inc. �',..,. Ij whi LOq LJ .T�✓. Engineer Wm. J. Nelson 6 Associates �����-• �;' t•w ixil uK U Jo t.. ' •. �. p..r.+•r.+' -.. _ -ter •----_"-*r�t,tmr n • VM. J. NELSON & ASSOCIATES Sox 4628 KENAI. AI,ASKA 90611 (907) 283.3583 IAC. FOLLOW-UP DATE 19 { eubloot///I:) 5 //j•�eg9•�G��' •��4�.r/Ir cr_yAv/:�.',�rucyJe�.r"� 7-0 oee /% • //�?ia JY� w e::,u::� I� t/i" r .c ?. ���AT: G�:= :.- �•�A ��� . 1'/ram r /� j. 'l; i�64 ��.. ii�%iV� `�/t/r"•:r:i%:I��:� rT % ..: �/L/.�i/�"L �L�/ / •�'�' I.'�/V'f:.�/ii //'i't:.J �! 4. . '/7>/Z 771.5 Ae.IV,4 '. 04441,71; Ca/✓d/Tlo.�/5 .�; 7��'���� �'11�v� �!�'6 f1Cc:''lA *' 7/� C i ❑ Please reply.-.. is ❑ No reply neoeeeary > A.J. NELSON &ASSOCIATES FOLLOW-UP DATE Box 4628 , "'''' `' •.KENAb ALASKA 99611 ''• �• (OV) 283.3583 Date %/d-14 To &,V41.#V �e72'V Ale, Bubjeot f/�Jy► �°'F'�;�/ T - i 'D/� ,0i4 6dr .2 0lr .Z z NP0 - MEMORANDUM TOs William J. Brighton, City Manager FROMs Keith Kornelia, Public Works Director DATES July 11, 1986 SUBJECTi CANDLELIGHT - STRIP PAVING The City Engineer has come up with a very rough coat estimate of $225,000 for strip paving of Candlelight Drive. I am giving a copy of this memo to Charlie Brown so he can look at the LID costa. KK/ew act Charlie Brown 101 N carmen voncent gintoli. architect 130 trading bay road, suite 330 kenai, alaska 99611 907 283.7732 July of 1986 City of Kenai 210 Fidalgo Kenair AK 99611 Attentions Keith Kornelisr Director Public works Department Res invoice for Bidding Phase 17 Automated Flight Service Station PHASE FEE BILLED RECEIVED sche"tice $ 18,000.00 $ 18400.00 000.00 $ 18 r 000. 00 " Design Development $ 30r000.00 $ 30r000.00 $ 30r000.00 Contract Documents $ 66,000.00 $ 66000.00 $ 66000.00 Bidding a Negotiations $ 6r000.00 $ 6400.00 -0- 2MAL FELL 0120,000.00 v DUE -0- -0- -0- $ 60,000.00v Due This Invoices 0 6.000,00' Previous Earneds $114.000.00' TOTAL Earneds 0122,000.00 Less Payments 8114.000.00 TBANK YOU 7./G 4& ,., ZA/PO - 9 CITY OF KENAI „opt ea,dw 4 4" 210FIDALOO KEP ALASKA Na11 TELEMNE a0,7.1US MEMORANDUM Kenai City Council Janet Loper, Planning Specialist CorpsofEngineers Public Hearing Notice - Placement of Mooring July 11, 1966 The Kenai the hed Public the Corps ofninsula Engineersrand isacurrentlydreviewingeNotice from the notice. The notice entails 56 applications for placement of mooring bouye in the Kasilof River which creates a potential for severe conJestion and hazards. The Borough hoe passed the material to the City of Kenai for informational purposes. The Borough is aware that the City of Kenai has requested exemption from the Kenai River Management from the Warren Ames bridge to the mouth of the Kenai River and the potential for the game situation could be imminent. The Borough will keep the City informed as to the results of the review for the permit epplioations. 1. D, rT�' t-rye bin � r us army carps of Engineem Alaska District a Public Notice... Juno 20, 1986 IdOntliirat10n• No.s GENERAL PERMIT 8b-1 In reply refer to above Identification Number KASILOF RIVER BUOY AUTHORILATIONS GENERAL PERMIT The AlasKa District Corps of Engineers is issuing this general permit (GP) pursuant to 33 CFR part 325 for mooring buoys on the Kasilof River during the 1985 fishing season. Background information and the specific requirements of the GP are given in this public notice. This GP eliminates the neeu for a formal 60 to do day processing period. Since navigation is the main concern identifieo for the pending applications, a formal resource agency review on each application would be avoided. Navigation concerns would be addressed by the Corps during review of authorization under this GP. BACKbROUND INFORMATIUN: The Kasilof River is used heavily by comnercial s ermen for moorage. Because of the potential for overcrowding and resulting unsafe operating conditions, the Corps has worked with the U.S. Coast Guard and the Kenai Peninsula Borough to establish an efficient procedure to ensure safety and to fairly regulate the placement of mooring buoys on the Kasilof River. The authority by which the Corps regulates this activity is given under Section 10 of the River and Harbor Act of 1899. The Kasilof River supports an important commercial and recreational fishery for several species of salmon, steelheao trout and Dolly Varden. Tustemena Lake, at the head of the Kasilof, has been previously stocked by Alaska Department of Fish and Game (ADFG) with sockeye salmon. The 1986 season is the first that the ADFG anticipated a potentially large return of hatchery fish to the Kasilof River. In order to allow for the harvest of these fish, AuFG established a "Kasilof River Special Harvest Area" off, the mouth of the Kasilot River. This fishery is also referred to more commonly as the Kasilof River terminal fishery. This area would be open to harvest by gillnets once an excess of salmon to spawning escapement needs 1s met. For furtner information on the terminal fishery regulations, please contact ADFG or refer to the 198b Comnercial Finfish Regulations, Salmon and Miscellaneous Finfish, Cook Inlet and Prince William Sound. Because of the new fish narvest area and previously established fisheries, the Kasilof River is heavily used by comnercial fishermen ana cannery .operators. In order to provide safe operating conditions and allow continued use of the river for navigation, certain constraints will be pieced on the operators mooring their boats within the river. The objectives in asserting this authority would be to maintain a navigable channel for both comnercial and sport fishing vessels, and to provide for safe operating conditions within the navigation channel and the mooring areas. .F M The ►umber of buoys will be restricted by the permit conditions listed in SPECIAL CONDITIONS on Page 3 of this document. These conditions were aeveloped based on estimations of average vessel length in the various river reaches, safe mooring areas, and the maintenance of a navigation channel. It is also recognized that implementation of these conditions would restrict the number of buoys in toe river and may necessitate the denial of existing permit applications. The pending permit applications and permits on file in this office prior to the effective date of this GP will be assignea locations basea upon the criteria stated herein. Should there be a confi.ict in locations requested for buoy placement by more than one appoicant, operators permitted to anchor buoys will be selected as listed in ADDITIONAL CONSTRAINTS AND GUIDELINES on Page 3 of this document. Applications received atter the effective date of this GP will be assigned available locations in the order they are received in this office. Applicants requesting a buoy under this GP should fill out a standard permit application dvailable upon request from this office. These restrictions apply to the 1986 fishing season only so that a review of the program's effectiveness can be made prior to subsequent fishing seasons. In addition, operators and permit holders may be requested to fill out a questionnaire and provide any pertinent lntormation to the Corps prior to the extension of this GP. curing review of operations and activities on the Kasilof River during the 19bo season. any Corps authorizations may ae suspenued, or operators may be requested to modify their operation to ensure safe operating conditions. 2 , ' V 0 .. 6 4 GENERAL PERMIT FOR MOORING BUOYS ON THE KASILOF RIVER Authorisations for mooring buoys will be issued to applicants provided the coneitions that follow are met. This GP shall serve as notice to all iaterestdu agencies and members of the public for all mooring buoys to be placeu on the Kaslluf River during the 1986 fishing season. No additional public notice shall be given. The authority oy which the Corps regulates this activity is given under Section 10 of the River and Harbor Act of .1899. .. SPECIAL CONDITIONS: Each operator shall be required to obtain a letter of authorization (LOA) from the Alaska district Corps of Engineers which will be consistent with the conditions of this 6P. These LOA's shall be issued or dented without further public notice. They shall be issued or denied within a period not to exceed 10 days from the date the application is received. a. uuoys anchors shall be located not less than 150' apart in the lower river and not less than 100' apart in the upper river. The dividing line between the upper and luder river is the upstream side of the old "Waterfall Cannery" facility. b. Uperators snail Keep all their boats within a 75' radius of their buoy anchor in the lower river and within a 50' radius in tyre upper river. Operators are expected to choose the proper anchor weight and line length in order to comply. (Sand bags are indppropriate anchors.) c. doats shall oe moored on one side of the mdln channel only, as shown on the attached map. a. Operators snail place their buoy anchors out of the center of the navigation channel. e. No vessels snail be moored within 150' of the public dock except those moored to the "floating dock". f. Authorizations snail not oe sold. g. All buoys shall be a minimum of Z4" in diameter and shall be clearly marked with the operator's permit waterway number in black 2" high figures. (i.e.,. All buoys allowed by the authorization designated Kasilof River 1 shall be marked KAS 1). h. buoys shall be white or international orange. i. No more than four boats greater than 25' length overall shall be moored to one buoy (aud4tlonal skiffs may be added). J. All buoys and anchors must be removed by Uecember 1, 1986. AUDIrIONAL CONSTRAINTS AND GUIUELINES: Prior to the issuance of this GP, all pending applicants shall be considered for Letters of Authorization under the terms of this permit. If there 1s a conflict in locations requested for buoy placement, or 1f there is a need to limit the number of Uuoys on the Kasilot River, operators permitted to anchor buoys will be selecteu as foiloas to order of priority from applications received prior to the issuance of this GP. 3 L.. —zuc F a. Those applicants with previously permitted buoys. b. Those applicants who can provide proof of previously operating at that location. c. Those applicants who own land adjacent to the proposed buoy location. d. Those appiicants who applied for Corps permits first as indicated by the received date in our files. Applications received after the issuance of this GP shall ue considered in the order received in this oftice. Application shall be made on the stanudrd Corps permit application form. Unless specifically extender, this GP shall expire on December 1, 1986, and ' all mooring uuoys must oe r,moved. This GP may be extended if review of the 19N program indicates that extension is appropriate. This GP supercedes any previously permitted or authorized action. GhNERAL CUNUlf1UNS: Tnis authorization is also subject to the following genera con ons: a. That all activities identified and authorized herein shall be consistent with the tenns and conditions of the Gp; and that any activities not specifically identified and authorized herein shall constitute a violation of the teens and conditions of this GP which may result in the modification, suspension or revocation of this permit or of any authorization granted under this permit, in whole or in part, as set forth more specifically in General Conditions j or x hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this permit has been previously modified, suspended or revoked in whole or in part. b. That all activities authorized herein shall, if they involve, during their construction or operation, any dis0arge of pollutants into waters of the United States or ocean waters, be at all times consistent with applicable water quality standards, effluent limitations and standards of performance, prohibitions, pretreatment standards and management practices established pursuant to the Clean Water Act (33 U.S.C. 1344)9 the Marine Protection, Research and Sanctuaries Act of 1912 law. P.L. 92-532, 86 Stat. 1062), or pursuant to applicable State and local C. That when the activity authorized herein involves a discharge during its constructions or operation, or any pollutant (including dredged or fill material), into waters of the United States, tine authorized activity Shall, if applicable water quality standards are revised or modified during the term of this permit, be modified, if necessary, to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modificatio►r of water quality standards, or as directed by an implementation plan contained in such revised or modified standards, or within suen longer parivd of time as the Uistrict Engineer, 1 consultation with the Regional Administrator of the Environmental Protectio Agency, may determine to ce reasonable under the circumstances. d. That the activity will not destroy a Oreatened or endangered species as identified under the Endangered Species Act, or endanger the critical habitat of such species. 4 e. Tnat the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized herein in a manner so as to minimize any adverse impact of fish, wildlife, and natural environmental values. : f. That the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any degradation of ... - water quality. - : ,..J..ni JJ g. That permittee shall allow the District Engineer or his authorized representative(s) or designees) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. h. That the permittee shall maintain the structure or work authorized herein in good condition and In reasonable accordance with the plans and drawings attached nereto. I. Tnat this bP does not convey any property rights, either in real estate or material, or any exclusive privileges; and that it does not authorize any injury to property or invasion or rights or any infringement of Federal, State, or local laws or regulations. i. That this GP does not obviate the requirement to obtain State or local assent required by law for the activity authorized herein. k. That this 6P or any autnorization issued pursuant to this GP may be either modified, suspended or revoked in whole or in part pursuant to the policies and procedures of 33 CFH 325.7. 1. That in issuing authorizations under this GP, the Government has relied on tno information and data which the permittee has provided in connection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be materially false, materially incomplete or inaccurate, this permit and any authorization issued unuer this permit may be modified, suspended or revoked, in whole or In part, and/or the Government may, in addition, institute appropriate legal proceedings. m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States. n. That there shall be no unreasonable interterence with navigation by the existence or use of the activity authorized by this GP. o. Tnat this GP does not authorize or approve the construction of particular structures, the authorization or approval of which may require """� "' '- -`her agencies of the Federal Government, 5 L.. L r, p. That if and when the pernittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the pem)ittee is transferring his Interests herein to a third party pursuant to General Condition "S" hereof, he must restore the area to a condition satisfactory to the Uistridt Engineer and inform the Distric Engineer within 30 days. q. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and conditions of this permit or • by the transferee subscribing to this permit to the space provided below and thereby agreeing to comply with all terns and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. r. That if the pernittee during prosecution of the work authorized herein, encounters a previously unidentified archeological ur other cultural resource within the area subject to Department of the Army jurisdiction that might be eligible for listing in the National Register of H storic Placess he shall immediately notify the Oistrict Engineer. s. Tnat any Letter of Authorization issued under this permit may not be transferred to a third party without prior written notice to the District Engineer, the transferee's written agreement to comply with all terms and conditions of tnis permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall We recorded along with the deed with the Register of Deeds or other appropriate official. District Engineer U.S. Am y, Corps of Engineers b :. r The following are waterway numbers which correspond to the attached map. ' Please use this list to delermine your assigned location. The map also shows the names and approximate location of the adjacent for your JJ convenience. � Cook Inlet 246 Applicants aSslsinstof Seafoods. Inc _ Cook Inlet 261 Applicants 1118614matof Seafoods• Inc 6-0 Cook Inlet 263 Applicants *Royal Pacific Fisheries, Inc 1 Kaellof River 3 Applicants Bailey Wharton _'`'" - Kasilof River 8 Applicants a0orlue D. and Helen Carlson Kasilof River T Applicants aOesnar's Ocean Speoialtlsse Inc Kaellof River 6 Applicants aAlaska Ocean Products, Inc 1 Kasilof River g Applicants a8alamatof Seafoods. Inc Kaellof River 11 Applicants *Alaska Salmon Company, Inc — Kaallof River 12 Appil-cants Cherrier, King and Cherrier Kasilof River 13 Applicants aMr. Mal and Mrs. Grace Lindte Kasilof River 14 Applicants aVan S. Swan Kasilof River 16 Applicants Theo M. and Hilary S. Matthews - Kasilof River 16 Applicants David Horne - Kaellof River 16 Applicants Forest Tressler Kaellof River 19 Applicants Seward Fisheries, Inc. Kasilof River 21 Applicants Bruce Gabrys Kaellof River 22 Applicants Tony Western Kasilof River 23 Applicants Robert Warner Kaallof River 24 Applicants Keener Packing, Inc. Kaellof River 26 Applicant: Freddie Sloven$ Kaellof River 27 Applicants Lawrence Lathrop Kaellof River 26 Applicants Jerry Hatton ` �.1 Kasilof River 30 Applicants John W. Martin Kaellof River 31 Applicants George Cloueton ° Kaellof River 32 Applicants Lawrence Weechtler Kaellof River 33 Applicants John Lee Kasilof River 36 Applicants J. Coemo Mercurio w Kasilof River 36 Applicants Doris A. Walker Kasilof River 37 Applicants Larry Kittleson r ' - Keellof River 36 Applicants Kelly Duncan $ Kasllaf River 30 Applicant: Theodore Ro:ak - Kasilof River +0 Applicants Ron Meakenson i Kasilof River +1 Applicants Gall Duncan Kaellof River 42 Appliaants John 0. McCombs ..._ ....... ........ ___ Kasilof River 43 Applicant: Stephen Vansk, Jr. ' Kasilof River dd Applicants Daniel E. Bvenson Keellof River 45 Applicants Jack N. Duncan Kasilof River 10 Applicants Donald Sossert r Kasilof River dT Applicant, Dick Gunlogeon Kaellof River de Applicants Kevin Duffy - Kasilof River 40 Applicants John Brockel — Kaallof River 60 Applicants Ronald A. Johnson Kasilof River 6/ Applicants Cook Inlet Proceesing Kaellof River 62 Applicants Steve Webb Kasilof River 63 Applicants Paul Grosse@ Kasilof River 64 Applicants Ronald Cox -- Kaellof River 66 Applicants Oan parroutte __ f1 Kasilof River 66 Applicants Lee Martin *All or portion* of this application have Y been previously p Permltte0 ; 5' - - 9 0 i 't - 4 L� n �1h0nSpOff0110n ft0Av � F Aloeken Region 701 C Sim....._.. . . Anchorage. Alooko 00513 July 7r 1966 `«� �, J&dG` �r. Mr. Randy Ernst Airport Manger Kenai Municipal Airport �d�'�12t202 210 Pidalgo Street - - genai, Alaska 99611 Deer Mr. Ernst$ Kenai Municipal Airport, Kenai, Alaska Project No, AIP 3-02-0142-03 We have approved an allocation of 4606,328.00 in federal funds under the Airport Improvement Program (AIP) for the Kenai Muaioipal Airport, Kenai, Alaska, for work described as MUM Rehabilitate RWSA M001 x 70091 oonetruot, pave, mark GA apron (2501 x $001) including stub taxiway (701 x 1009. This allocation may only be used for the above programed item and is made under the terms of the Airport Improvement Act of 19820 and the issuance of a grant offer is subject to all applicable federal requirements being met, Including: a. Approval of the project as finally formulated; and b. The limits of obligational authority for the current fiscal year. In the allocation of these funds, consideration was given to your representations with respect to matching funds availability. Mr. Richard W. Oriffith, Airport Engineer, 8arety and Standards 8ranob, 8ederai Aviation Administration, will be la•oontsot With the project Manager to establish an acceptable eohodule�so that we may offer a grant of federal funds as early as possible. 8inoerely, Ruaseii L. Oyster Acting Manager, Airports Division L_ MEMORANDUM To: Keith Kelton Director Division of Environmental Quality PROM: Bob Marti Special A sistant to the Commissioner F State oAla OATe: August 28, 1984 PILE NO: TeLePMCNI No: 274-2533 sueiscT: Dave Brown's Concerns Mr, Dave Brown, who operates the Sterling Special Waste Site. 1s evidently concerned that illegal dumping of drill muds 1s occurring ccu rring. have repeatedly told Mr._ Brown that we will investigate any incident o IP contention, however as of this date 1've seen no information from him. Mr. Brown also objects to our allowing other permits for disposing of drilling muds, contending that the safeguards provided at Sterling are -not present at other permitted sites. 1 disagree with him on this. We have presently permitted the disposal of drilling muds in two injection wells, two reserve pits for exploratory wells, and have issued a cogppllance order pending permit review for disposal at several locations differ with tStere (- Union 011 operating area. These disposal ( ling in several regards% 1) They all handle drilling wastes from a single source rattler than accept wastes from a wide variety of saurces. 2) Each of these sites is under the control of the entity producing the waste, whereas Sterling is under the control of someone who has no detailed knowledge of the wastes being disposed of. 31 The reserve its used for disposal are fullg lined and sealed, TH/S /$ 79 an I m ermea le ce when camp l a wastes �(;��'•�� ���5 • are deposTVIVIT unlined pits. 4) Reserve pit disposal 1s a one time disposal operation as opposed to a continuing operation. 5) Disposal in reserve pits 1s at the site of waste production and thus eliminates the need for additional handling and transport for disposal elsewhere. The Sterling site has always involved extensive monitoring and inspection. We have no indication of a contamination problem at this time, however, Mr. Brown is only marginally in compliance with operating requirements. Additionally it appears to me that the site has very limited additional capacity. Local residents have, of course, been actively pressing for the site's closure. Y 1 T _ tj t o' i `t Keith Kelton -2- August 28. 19a Recent iftSpeetions have revealed a number of concerns regarding the canner in which the site is being operated. Ve Nr. orme a letter iteo12189 these perceived violationsSant (attsched). our letter stiarlated a noting between our staff and Nr. Jim Kress, who serves as Mr. Brawn's engineer. At this noting Nr. Kross asserted that the site realty is in cowpliance with pondt requirawnts and that our concerns are the result of 111sunderstandings. to a opinions there is save likelihood that xh-nderstandings have occured in sass respects and that in ethers there art needsd corrections. There is also a need to consider revising our print to clarify our expectations. NO are continu! to work with or. Kress on those itews that need correction, and to revise the wording of our peMt to achieve greater claMty. Attachmat cc: Lennie Boston w/attaehmant Chris Moth w/attachg ent Rai► Gillespie w/attachnsnt Bob Cannon w/attachrnt Bill Laeoreaux w/attacheent 1*1 I A M David A Brown P.O. Box 1660 S ldotna, Alaska 99669 Alaska Dept of Environmental Consorvation �, ! 437 E Street Suite 200 Jaza Anchorage, Alaska 9950tCenttementS�,D present wish to re osedbjZct permitoforedisposal©ofoChevron drilling mud - their at SwansonRiver. ly p `w p Alaska StatutesSection 46.03.110 clearly state that waste disposal can not be undertaken without a permitand ddthat said permit must be applied'for 60 days prior to any proposed This tQ ulationsmit is asolSAAC601200randequiundernthe oldska Soli4 regulationssas wallgoment Reg - Since July 1973 it has been completely illegal to dispose of drilling mud in Alaska without a Solid Waste Disposal permit. Thb-permtt is not merely a piece of paper. The Disposal permit is an actual certification by D.E.C. that at this time, is this location, by i this metho4, it is safe to dispose of those materials. That permit is designed to'protect the public from pollution. Tevery U.S.A. since July 1973 within the Kenai Peninsula Borough has 37 onshore wells and has clearly violated the taw in each and nstance by theillegal disposal of their heavy driiiodgfordaLnd s, with no permit whatsoever, either issued or app River until now - The information that i have indicates that the bottom of Chevrons pro- posed mud pit will be 4 to 6 feet above the water table. Alaska State Regulations 18AAC60.075.clearly state a minimum vortical seperatin of six feet is kept between the pit bottom and the water table. 17our to six feet is not a legal seperation under Alaska Low. The fact that in all of the Swanson River Field, the one best site Chevron is able to come up with, is only 4 to 6 feat above the'witor table would scam to indicate that probably most or all of Chevrons illegally covered up mud pits nre directly in the water table, or at least coo close to the water table to ever have been permitted anyway. Therein lies the danger.Chovrons Swanson River Field lies immediately ad- jacent to -the Beaver Crock Aquifers the drinking water source for the en- tire City of Kenai. According to Chevrons own engineers, the direction of the ground water flow is away from this proposed new pit and directly to- ward the Beaver Crook Aquifer. if .this is eo, than eho:ground orator und.ov and in all of phovrons other ©illegal pits must be toward the Beaver Creek Aquifer also, or toward Swanson River. Either way the situation is bad. We all know that water doesn't flow uphill. Page 2 Most; or all of Chevrons wells have been drilled under the terms of Bald Federal Leases. Although these leases allow reserve pits for temparary storage, at no point do they make provision for permanent disposal, in violation of State Regulation and Statutes. The Refuge Manager has always had rather broad powers in matters per- taining to the refuge. He does -not however, have the authority to allow any oil company to violate State Law, no do I feel that he has done this. U.S. Fish & Wildlife Service and the Refuge Manager have loft 01e responsibility for drilling mud disposal up to ADEC. See enclosed letter from Fish & Wildlife. Chevron has approximately 100 covered up mud pits at Swanson River. Not all of them are illegal. Only the pits covered up since 1973 are illegal, and that is the pits from the last 37 wells. Moat of these pits are at Swanson River. A few are across the inlet. The point Is that all of Chevrons pits including those that existed prior to Regulation in 1973, are leaching daily into the water table. This is because Swanson River is mostly swamp, with a high water table, and its also because none of Chevrons pits are lined or capped. Alaska enacted its Solid Waste Regulations in 1973 to eleminate or reduce the danger of pollution of the water table. Pollution is a crime, punish- able in other states by prison terms, fines, and expensive cleanup oporo- ations. 4ince 1973 Chevron has committed 37 seporate, deliberate, wilfull vio- lations of our Alaska Statutes and Regulations pertaining to the safe disposal of drilling mud. The Alaska Department of Environmental Consor- vation has aided and abetted Chevron in all 37 instances of wilfull ill- egal pollution. The D.E.C. has aided Chevron by its deliberate falluro to enforce the Statutes & Regulation of the State of Alaska. D.E.C. has theee- by violated its Sacrod Tru.t to the People of the State of Alaska. Before any permit is issued to Chevron U.S.A., they should be tried in a court of law for the aforementioned 37 violations of State Statutes and Regulations. (in that Court Trial, Chevron should be made to answer as to just exactly hhei- person or persons, or what agency or entity gave them the authorityo violate Alaska Statutes and Regulations. Chevron must be made to testify as to who wore7civilrvants and or Politicians who saidithats okay, we will allow the law." Chevron must also be made to testify as to just it takes toreach an apparent quiet understanding with Stathat it is all right to break State Laws. Chevron should be made by the Court of law to clean up the moss they have already made, before it causes irreparable harm to the water table and the drinking water supply for a major portion of the Kenai Peninsula. D.E.C. should be tried in that same court of Law at the same time as Chevron- D.E.C. should be made to answer truthfully once and for all, as to why they have deliberately failed for thirteen years, to enforce the Laws of the State of Alaska against the Oil industry on the Kenai Peninsula, Char by being the direct cause of pollution on the Kenai Peninsula, in order to save millions of dollars in trucking and disposal cost for their friends in the Oil industry. '. _ .lt., r .. 7C a . 1•- i- " I CduliberatelY horn is some horetilleeatndLoclosed ltution thengit4,�timetiorrhonont,ex- allowing g p� atI0 as to just exactl w et that fringe benefit is. The enclosed memo dated August=8,1984 insi hefrom basatoiwhyotheiDl.EKC. ticks re$ dave Browns connotes gives us some It is definite proff of D.E.C. Counter -clockwise instead of clockwise. lies and deciet. In the memo tMr. sHartinhe—noelMreMartin lndicatodoetime-A-- hi m• erb eC In three other ins ancesfriends in desireto continue aiding and dly hilevel abetting thof ineompoteneel.e oil industry, extrem or heindicated aux and Copies of thislemenmknowwthattMarill rtin tiediebut theytdidonothingoB emoent oth of to correct these gea ne the situation. ELO this memo went to Lennie Boston & Ray Gillespie, two of Governor most trusted aids. ords Governor Sheffiold will never know the truth about D.E.C•,.E.C. in Anchit orage is lying to J�un3oGOMoau an°o�tcanobei�fnCtivotuation swhaxists on the Kenai Pe�inua:9. No D.E.C. Commissioner in uneaud to b people whomect ve w en he is lied to by eo le whom he rr.uete. Martin says in his memo, first paragraph "We have repeatedly told Mr. Brown that we will investigate any incidents of illegal dumping of which he is aware". This is a total lie. X i( eve personally complained to D.E.C. at Least 100 times, about illegal Cdumping. I have complained to Martin, tionsLamore.hav Flint, Lucky, Kaiser, Moulton d Harmon. No investigations have been initiated except Cannery Loop 2, and I finally had to dig that up at a cost to me of about Cannery 00 and rub D.E.C.s face in it before anything happened there. That $4,000-inve +gat ion is being allowed to die. The records of drilling permits issued would toll Mr. Martin that illegal disposal is going on daily. In paragraph 2, item 3 Mr Martin lied deliberately twice. "The reserve pies are fully 1113 ." Out of 95 mud pits put in since reg- ulations went into effect in only one pit is tined. The other 94 pits are unlined. The lined pit beto ARCO at Wolflake ns Chevron dlso has one or two lined pits across Inlet- but on the Peninsula only•ono pitis lined. That statement is a. tetod. On the Kenn " The pits are scaled with impermea a caps when comp " Peninsula there are in existen:e only two impermeable caps. Both of those capped its belong to'Arco, one at Wolflake #2 and one at Funny River, so this statement is a lie also. Every mud pit on the Kenai Peninsula is leaching into Cho water table with the exception of Arco's lined pit at Wolflake #2 all other knoweits are capped with tree trucks, stumps, and dirt as.Martin very , In the some memo I stated that Mr. Ma rtinthrefriends intimes0ildicatedreither his incompetence or his desire to aid in paragraph 2 "we have presently permitted two injection wells, two re- serve pits ate". L 71 -:TWA Page4 Big DoaL 2+204. Feir permits issued, two for injection. Ninety -Five drill- ing permits were issued and ninety-f!.ve onshore wells completed during 13 plated,sof becauseutheimud•.Vi®ere notwas go DtokSterling,the as required by law. wells com- law. Under paragraph 2, item 2 "each of these sites is under the control of,the - entity producing the waste. whereas Sterling is under the control of some- one who has no detailed knowledge." (HOGWASH) When you can't trust the entity producing the waste to got a permit or oven to apply for one then you can't trust that same entity to be responsible for final disposal } And speaking of trust, we certainly can not trust a D.E.C. employee who deliberately lies and.who apparently is incompetent. Last of all in that same Martin memo, paragraph 2 item S. "disposal in re- serve pits is at the site of waste production and thus eliminates the need for additional handling and transport for disposal elsewhere." Need I draw Mr. Martin a picture and explain to him that in Alaska as in other states, it is customary to transport garbage and septic waste for disposal elsewhere, at permitted sites. Need i tell Mr. Martin and all others concerned that in other states it is customary to haul drilling mud to remote permitted sites. Indeed in the State of California drilling mud is commonly hauled as much as fifty miles one way and occasionally even up to one hundred miles. Mr. Martin job and the job of the entire D.E.C. is not to do favors for thoir.friends in the oil industry. Their job is not to do favors for I►, friends of the Administration in the oil industry. Mr. Martin job is not to lie to Juneau,keeping everyone in the dark. His job is not to be incom- petent or uninformed. The job of Bob Martin and the entire D.E.Q.. is to protect our evironment for the people of the State of Alaska and for future generations and to do this by enforcing the Statues and Regulationswhich dor exist, tonen- force them uniformly and not selectively, playing ot trying to squash anyone whom he doesn't happen to agree with, for what- ever reason. The job of Mr. Martin and the entire D.E.C. is to be at all times, informed, competent, and HONEST. Those who are proven to be other- wise should be replaced, with no hesitation and with no regrets. Chevron has been disposing of drilling waste for 29 years at Swanson River, in unlined pits through 16 years of no regulations, followed by 13 years with regulations but no enforcement, all of this disposal is in or at least dangerously close to the water table. ' •.i= 7 . =' 4i Pak. If either or both of these scenarios someday happens, who will be liable, the State of Alaska for allowing State the UASLocalh& Wildlife Regulations berfollowedV failing to insist that all Federal, r'drown be liable hevron for breaking the law and do�aking,the in mesa? he h r perhaps would Dave tl�for not taking ,, Here Bob, this is whats going Marton while you and your department are asleep." he In other Places wewsofttherwateretable, oftmigration trespassing fa materialsdisposedoillegally andarground, by Y at other locations. In summary, no permit should be issued to Chevron until Court hearings are held for both Chevron and D.E.C. If the Administration doesn't want answers the people do. Sincerely, Dave Brown e .s Ares. Alaska Environmental Industries Inc. C/C Governor William J- Sheffield Attorney General Hal Brown D.E.C. Commissioner Bill Ross Bob Canons- Soldotna D.E.C. U.S. Fish A Wildlife Service- Kenai National Wildlife Refuge ency U.S. EnviArmy Corps of Engineers- Regulatoryion Branch �•� U.S. Army Corp 8 Kenai Peninsula Borough Mayor- Stan Thompson Kenai Peninsula Borough Assembly Kenai Peninsuua Borough waste Commission Cook inlet Region Inc. Salamatof Native association Kenai Native Association City of Kenai Mayor Tom Wagoner City of Kenai City Council Alaska Center of the Environment f flu PLEASE REGISTERS NAME I COUNCIL MEETING ?*vf6 (10 minutes per person) ADDRESS F :4� `r7o 4 Vr0 1' Y PZ