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1986-09-17 Council Packet
Kenai City Council Meeting Packet September 17, 1986 r, } u , u i z , r. AQFADA KO M CITII CIM M NOGUMII MEMO EVTmIMR t7, tEN • 7�0,►M t Qr imw 1 law • Md M ft ffiv/ApprM • BoWq Fa>* aid TMWW •324.622.41 W4Mn Port F " Fw4 -.•:RN.20•Aa9otltFtloYity•AvrrdCaMhutstlonContnot 2. ikdYtwric� / tt)1•ee • AnNrrdYp KI Muntdpd Code • Stm dad Pro*•W 3. WdNM11dF 110446 •_Am"dlgp.ZQnkp MOO t1Auw#ood film � A.Or*WWIlfi&N•(aMftf sv1Apppd•Um" Omm for WMdwooU CarrotlaW C*nW $12.000 : t+• 8ub�tllub Otd. 1165.88 - =20.6" . 4: OidNMnei / 1QO�Ad � Ina�tnp 11wrAppni - tMa Cenbr Dondldn:�ian EMtr Club • 5606 e. ftN. tia:E7 •'Chtngb $bNt Nrh t3urWie to wavy"*, VIP AID 7. OrdR►irloe" 110a+bp • Inar�ukq R�wApprM. Purohw. PA"m Tloi for Airport Trino Pak "'400 . c Pub10 bUltl k 0,.O4 110640• - - � - , : b. AMirbvd o12 P S' • -Airport ThmnoW POW. T!M trvbAo ita 1nvNed to.iilt�rld end pYdCip�te. - - .: , _ L I I �i a .y r, AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 170 1986 - 7s00 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 rase the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 1 B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) 1. Ron Garzini, City Manager, Seward - School Bond Issue 2. Representative, Federal xpress - Lease of Airport Terminal ��r a ,� a 11 C. PUBLIC HEARINGS 1. Ordinance 1159-86 -Increasing Rev/Appns - Boating 00 ,IpU 4 ) ._ Facili-Ei7and Transfer $324,622.41 Within Port Facilities Fund a. Res. 86-88 - Boat Facility - Award t Construction Contract 2, Ordinance 1161-86 - Amending Kenai Municipal Code - Standard Procedures for Commissions/Committees 3. Ordinance 1164-86 - Amending Zoning Map - Sprucewood Glen S/D 4. Ordinance 1165-86 - Increasing Rev/Appna - Library Grants for Wildwood Correctional Center - $129000 a. Substitute Ord. 1165-86 - $209500 5. Ordinance 1166-86 - Increasing Rev/Appna - Rec Center - Donation from Elks Club - $500 6. Res. 86-87 - Change Street Name - Sunrise to Watergate, VIP S/D D. MINUTES 1. *Regular Meeting, Sept. 3, 1986 f j E. CORRESPONDENCE 1, USA Coalition, United Seafood Americanization - Limiting Foreign Fishing & Processing in U.S. Waters 2. *Sen. Murkowski - Fisheries Issues s. F. OLD BUSINESS 1. Airport Bar - Insurance, Rent Reduction 2. C. Gintoli, Architect - Insurance G. NEW BUSINESS 1, Bills to be Paid# Bills to be Ratified 2. Requisitions Exceeding $1t000 3. *Ordinance 1167-86 - Amending Zoning Map - Parsons Homestead 4, Ordinance 1168-86 - Increasing Rev/Appne - Purchase Railroad Ties for Airport Triangle Park - $89500 a. Public Hearing, Ord. 1168-86 b. Approval of 2 PO's - Airport Triangle Park 59 Confirm Election Judges - Oct* 79 1986 Election oyt 6. Old Town Committee Report 7. H.A.S. Project - Const. Unlimited So Change Order #5 - $4,151.81 b. Change Order #6 - $10,960.74 B. Approval - Change Order #1 - Robin, Kenaitzeq Eagle Rack - Doyle Const. 9. Approval - KenaXVCt. - Inspection & Survey - Wm. Nelson Engr. 10. Disc. Replace old Street Lights N. REPORTS - 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 60 Planning & Zoning 7. Harbor commission 8. Recreation commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT C-1 0 71 I t t t 'Ilk a' ?t .1q1 'I . 1t Yt r COUNC A1BETI s��rcarun���i�ioEc��■■�■■■�� 7/1717P�'I19� /7Ofuti■��■�■■� Sri �1a1'�Il�i�il�uO��I17�Iri117■■�■■■� i 1 i, d.. j! d I a; ji .. ..,� .{ i. '. _. _. i p� SEPT. 17, 1986 INFORMATION ITEMS 1 - Kenai Borough Agenda, Sept. 1, 1986 2 - Resource Development Council Meeting Notice, Sept. 9, 1986 3 - Resource Development Council Meeting Notice, Sept. 189 1986 4 -Billing, Landmark Const. - Library Addtn (Fine I) - $16,950 5 - L z Addendum 1 i \ Acknowledgement Bid Bond i Power -of- .... Attorney j C ` ` Alaska Business 6 Contractor's Lic Contractor's Questionnaire Cert. by Contracto i or Sub. RE: EEO c Subcontractor's List i y M O 6 z M O� H nW-+M (ArrOrnW O U r'1 0 z Lq ►+ d ty Y �Z MO v �0 a y •� rn "n z � v, o eo - •- .. S � S � ODD �i �` i d� � a w r- a W , _ r s MrM�c t � T X'Oftt1 nNN� W^a Lift o�cnrnv M2a M"0Z-.4 .40.4 p w aMoa-+ r+z � l a c: 40 a a LA �z� CDrLi a a C!f~V1~ 4b f�l C 1; r,,, +� f.77CM > o ft C,�... o S C — t lOA " aIw a, 41 is c fop Mlo L�10 •_2A-� ��:{ � -_ 'yS! oo. o �, s�_S, Sat coo 77 .. i1.L^f�ur��JJY.LI.f�SI /. .. \ .. ,. � � . t._ . ... , �k:+':s-- %.: ti �L2L;:�.'_L.�.is2:`�l • .I3�itti.:3�-b,tL.]�,. L L L. L 0 Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1159-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,000000 FOR THE KENAI BOATING FACILITY, AND TRANSFERRING $3249622.41 WITHIN THE PORT FACILITIES FUND. WHEREAS, in 1984 the City received a $1,000,000 grant from the State of Alaska for a boating facility, and WHEREAS, in 1981 the City received a $643,500 grant from the State of Alaska, matched with $71,500 of oth,:r funds, for a Port Facilities project, of which $524,622.41 is unencumbered. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Boating Facility (Dock) Capital Project_ Increase Estimated Revenues: State Grant #7/85-217 $1,000,000.00 Increase Appropriations: Administration $ 3,000.00 Inspection 78,000.00 Construction 919 000.00 $ ,000,000.00 BE IT FURTHER ORDAINED that the following transfers be made in the Port Facilities Capital Project Funds From: Site Aquisition $ 149,978.00 Engineering 59,644.41 Other Engineering 25,000.00 Contingency 90,000.00 To: Construction $ 324,622.41 X L - �s II 1 J PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 1986. TOM WAGONER9 KAYOR ATTEST: ane a en, City Clerk Approved by Finance: First Reading: August 6, 1986 Second Reading: August 20, 1986 Third Reading: September 17, 1986 Effective Date: October 17, 1986 A L t t I i i, t I 14 0 t' NEW TO: Must, City Council FROM Charles A. Brown, Finance Director DATE: August 8, 1986 SUBJECT: Boating Facility/Ord #1159-86 The following will be available for construction of the Boating Facility: Dock Project, Ord #1159 $ 919,000.00 Port Facilities Grant, Ord #1159 324,622.41 Port Facilities, already in construction 200 000.00 Available for construction 1 3 622 According to the preliminary coat estimates prepared by Bill Nelson (7-25-86), the available amount is $193,122 more than the estimate for the basic bid, but $194,378 less than the estimate for the basic bid, plus all additive alternates. Considering that there is a $163,000 contingency in the basic bid figure, and that Council has said not to buy all 3 cranes now, it appears that it may be premature to allocate General Fund money to this project. if there is doubt on Council's part, however, the simplest thing to do is to postpone final action on Ord 41159-86 until September 17, 1986, the date scheduled for bid opening and award. L I 1' KENAI BOATING FACILITY ± PRELIMINARY COST ESTIMATE July 25, 1986 i i' BASIC BID i . Dock °c Trestle } • �8�9.5! ►tj 2. Parking Pad Expansion 69,o00 i 3. Slope Protection } 4. Dock Office 6,004) � f 5. Wellhouse & Well &c Water System 37,500 i i 6. Signage 4,000 7. Electrical Service/Dock Electrical 86,500 8. Curbing 5,000 1 9. Holding Tank 3,500 10. Waste Oil Tank & Slab 2,50o f I . SUB TOTAL 1,087,500 ! _ 15% CONTINGENCY--163,000 � BASIC BID CONSTRUCTION BUDGET #1,250,500 ! ADD #1 Fueling Facility 74,060 ]p ADD #2 Cranes 55 1 JJ , (jf)t) ' ADD #3 Restroom, Showers, Septic 109,000 ADD #4 Grid 3o,1)00 l { ADD #5 Parking Lot Lighting 19,500 p -- -__ �b�' -- + Cost of Telephone and Electrical Service to site.' lf. Refer to Glacier State and H.E.A. cost q�w,otEs. -- -- T -- - - - — -- L L • I SUBSTITUTE Suggested by: Administration ` I ` CITY OF KENAI ORDINANCE NO. 1159-86 � f i AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,284,000 4 FOR THE KENAI BOATING FACILITY, AND TRANSFERRING $324,622.41 WITHIN THE PORT FACILITIES FUND. _ WHEREAS, in 1984 the City received a $1,000,000 grant from the State of Alaska for a boating facility; end, WHEREAS, in 1981 the City received a $643,500 grant from the State of Alaska, matched with $71,500 of other funds, for a Port ,;. Facilities project, of which $524,622.41 is unencumbered; and, �4 WHEREAS, in order to award a contract for the basic bid, plus .i; additive alternatives 1, 2a, 3, 4, and 5, $284,000 of additional funds are necessary, and may be appropriated from the General :E fund Capital Improvement Reserve. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ; i KENAI, ALASKA, that estimated revenues and appropriations be 1 increased as follows: j :.. .i Y General Fund ' Increase Estimated Revenues: !� Appropriation of Capital Improvement > Reserve $ 284,000.00 Increase Appropriations: Non -Departmental - Transfers Out $ 284,000.00 :. .. Boating Facility (Dock) Capital Project IncreaseEstimated Revenues: State Grant 07/85/217 $1,000,000.00 Transfer from General Fund $ 284 000.00 - 1,264,000.00 � ` Increase Appropriations: $ 3,000.00 Administration - ------ - - —� Inspection 78,000.00- _� Construction $1 203 000.00 1 ,i ,284,000.00 i4 6 ` - f , I BE IT FURTHER ORDAINED that the following transfers be made the Port Facilities Capital Project Fund: Froms Site Aquisition Engineering Other Engineering Contingency $ 149,978 59,644 25,000 90,000 Tot t 324,622 } Construction f PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17t of September, 1986. " { Janet Whelan, City Clerk k I _k + S. Approved by Finance: eq :r, 9/17/86 �i a . TOM WAGONER, MAYOR First Readings August 6, 198 Second Reading: August 20, 19 Third Readings September 17, Effective Date: September 17, 2 L =1 i 4- +.yi 0 C.10, Suggested by: Administration RESOLUTION NO. 86-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE PROJECT ENTITLED "KENAI BOATING FACILITY - 1986 IMPROVEMENTS" TO FOR THE AMOUNT OF $�-._ WHICH INCLUDES THE B S C W16 PLUS ALTERNATES • WHEREAS, Attachment A is a summary of the construction bids that were received on September 17, 1986, for the above referenced project, and WHEREAS, the City of Kenai has received State of Alaska grants to help fund this project, and WHEREAS, the recommendation from William J. Nelson, the project design engineer, the Public Works Department, and the Harbor Commission is to awarded the contract to for the basic bid plus additive alternates for the total cost of $�_., and WHEREAS, 's bid for the basic bid and desired alternates is Me 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 a contract for the construction of the "Kenai Boating Facility - 1986 Improvements" be awarded to in the amount of $ .� wgich inclu-3es e Sasic bia plus Additive Alternates PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 1986. ATTEST: -3-anet Whelan, City Clerk Approved by Finance: Written by Public Workst, L OM WONER, MYOR 19 i am $$ a_ i`�: ;r_t}:•t� �'F "$h `�" _ :, j.._�Sl.1 �� ..t),.:YAv�'�s���'!�l' � �. • . 'k M1 '��� � �. -_ �, 4�p•N y_.y..�n.. "/ti.`y�{,.. •5(adi},••:. ' ' �,:.- � , �[a iyf t try ��N,�1.! �: .•.i`iF4t�� � r��' � �;• 7� h i. _ i , >; ..t i 4.._ � _ ��ti�.ri�h f}�i�4P.. .1 . wa. ,�,.�„ �'I .:µ �i: •�5 . IL 't 6 Y �¢ m aa: {• « ; f die O. } 1 « w J¢ 49 ' fa z '- �W ID IA W Z 4 « ' 6W WNO.O OmN �JCVWi4 1+ ++ « M c J 2V 0 CM j Y W W ' aam .rZ¢N C¢Cd ¢6„N O J r F4 d Q .... .. z W cc p W J ... •} d /- W .. ..{ 6 Y. in Z►- �{«tn20W { M RYWOY j1 m ; 4 o O n a 0 a] 71 C_lOL Suggested by: Administration RESOLUTION NO. 86-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE PROJECT ENTITLED "KENAI BOATING FACILITY - 1986 IMPROVEMENTS" TO WESTERN MARINE CONSTRUCTION, INC. FOR THE AMOUNT OF $195999500,00 WHICH INCLUDES THE BASIC BID PLUS ALTERNATES NO. 1 + 2A + 3 + 4 + 5. WHEREAS, Attachment A is a summary of the construction bids that were received on September 17, 1986, for the above referenced project, and WHEREAS, the City of Kenai has received State of Alaska grants to help fund this project, and WHEREAS, the recommendation from William J. Nelson, the project design engineer, the Public Works Department, and the Harbor if Commission is to awarded the contract to Western Marine i... Construction, Inc. for the Basic Bid plus Additive Alternates number 1 + 2A + 3 + 4 + 5 for the total cost of $1,599,500.00, and WHEREAS, Western Marine Construction, Inc.'s bid for the basic bid and desired alternates 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. t NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract for the construction of the "Kenai Boating Facility - 1986 Improvements" be awarded to Western Marine Construction, Inc. in the amount of $1,599,500.00 which includes i the Basic Bid plus Additive Alternates No. 1 + 2A + 3 + 4 + 5. '" PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of J: September, 1986. age Whoan, My Elerk Approved by Finance:_ Written by Public Works:, S TOP WAGONER, MXYON L i L .:i It f r s �t _ m 3- 0 z _. h « H t O O t la a - e . l r o I4<. u O ♦' u<ul •' G r VI n N d. m • O O $ A jw O ^ pO O de Z O $ N O O1 N K J J d < :� $ $ $ $ g W to 0 $ pj O O O z ccw O I,C6 ca cc Cc, W =•tl« 4OHK g $ n of O $ O IC US S N O � Z r M r d w• .-, � •� W W a an a j :NN 0.000's4 0.000'oh 0.000'h4 0.00o'9n oo•oos'Is UJ Z z z a 0.0o0'S4 0.000'04 0.000'44 0•000'94 o0.00s'TS Oau a a 0.000'Sh 0.000'Sh 'S90406 0.000'LS 00.005'TS > O w uO1 O u < < C V O O + Obi O% w = p= » $ $ $ $ o � nzoMt`.1 C" a a .a a�>p; , n � •W..x• W N M a. a. m O d W M O IL as M { N g$utl yp $g Uall 0 L L . ti. , i kE� KENAI BOATING FACILITY (BID 9/17/86) RECOMMENDED ORDER DOLLAR DOLLAR OF BID AWARD AMOUNT ACCUMULATE BASIC BID $1,264,500 $19264,500 ADDITIVE NO. 1 950000 19359,500 ADDITIVE NO. 4 41,000 104009500 ADDITIVE NO. 3 120,000 1,5200500 ADDITIVE NO. 2A 45,000 19565,500 ADDITIVE NO. 5 34,000 1,599,500 ADDITIVE NO. 2B 45,000 196449500 ADDITIVE NO. 2B 45,000 1,689,500 RECOMMENDATION: Award Construction for Basic + 1 + 4 + 3 + 2A + 5 $1,599,500 Construction Contingency 128,123 Total Construction Cost $1,7279623 Available Funds from State Grants 1,443,623 FUNDS NEEDED (City CIP Fund) . 284,000 I w a u � z it . . k t i� I ` 1 I' �. - a Suggested by: Council CITY OF KENAI ORDINANCE NO. 1161-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC CHAPTER 1.57 ENTITLED "ADVISORY LIBRARY COMMISSION"; KMC CHAPTER 11.10 ENTITLED "ADVISORY HARBOR COMMISSION"; KMC CHAPTER 14.05 ENTITLED "ADVISORY PLANNING AND ZONING COMMISSION"; CHAPTER 19.05 ENTITLED "RECREATION COMMISSION;" AND KMC CHAPTER 14.25 ENTITLED "LANDSCAPING REVIEW BOARD;" AND ESTABLISHING STANDARD PROCEDURES AND QUALIFICATIONS FOR ALL BOARDS, COMMISSIONS AND COMMITTEES WITHIN THE CITY OF KENAI. WHEREAS, the Council of the City of Kenai has recognized the need for uniform requirements for all boards, commissions and committees in the City of Keviai; and, WHEREAS, uniform guidelines provide a means of assuring that members of boards, commissions and committees are qualified to serve in their positions; can better understand the intent of the Council and Administration; and are better able to formulate policy effectively. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1: Standard Procedures for Commissions and Committees as presented as attached to this ordinance be made a part of the Kenai Municipal Code. Section 2: (a) Sections 1.57.010, 1.57.030, 1.57.040, 1.57.050 are deleted in entirety. Section 157.020 is amended to read Section 1.57.010; Section 1.57.660 is amended to read Section 1.57.020. (b) Sections 11.10.010, 11.10.0309 11.10.040, 11.10.050 are deleted in entirety. Section 11.10.020 is amended to read Section 11.10.010. (c) Sections 14.05.010, 14.05.030, 14.05.040, 14.05.050 are deleted in entirety. Section 14.05.020 is amended to read 14.05.010. Section 14.05.060 is amended to read Section 14.05.020. LIN 1 i (d) Section 14.25.050(a) is deleted in its entirety. Section 14.25.050(b) is amended by removing the "(b)" from the paragraph. (e) Sections 19.05.010, 19.05.030, 19.05.040, 19.05.050 are deleted in entirety. Section 19.05.020 is amended to read Section 19.05.010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 1986. ATTEST: Janet Whelan, City Clerk OM GON R, MA OR First Reading: September 3, 1986 Second Readings September 17, 1986 Effective Date: October 17, 1986 2 L 7 4 F —I I is CITY OF KENAI BOARDS, COMMISSIONS, AND COMMITTEES STANDARD PROCEDURES 1. CREATION: All boards, commissions and committees created by the Council of the City of Kenai, shall consist of seven (7) members who shall be nominated by the Mayor and confirmed by the City Council from applications submitted to the City Clerk. A chairman and vice-chairman shall be selected 1. annually and shall be elected from and by the appointed members. The Mayor and one Councilmember elected by the Council as ex-officio members and as consultants of any board, commission or committee, may attend all meetings, but shall have no voting power on the boardt commission or committee. A member of Council or City administrative staff shall attend all meetings of boards, commissions and committees and supply staff support. 2. DUTIES: Members of boards, commissions and committees shall be required to establish policies relating to their respective organization. They shall act in an advisory capacity to department heads within the City Administration if there are such departments in the City organization that directly relate to the board, commission or committee. If the board, commissiont or committee has income stated within the City of Kenai annual budget, said board, commission or committee shall work with the City Manager to establish expenses projected for the year for approval by the City Council. 3. QUALIFICATIONS: A member of a board, commission or committee must be a resident of the City of Kenai, unless the board, commission or committee is specifically exempted by Council from this requirement. The member cannot be an officer or employee of the City of Kenai. If any member should move his residence from the corporate limits of the City of Kenai (if applicable), is an officer or employee of the City of Kenai, or shall be elected or appointed as an officer or employee of the City of Kenai, the service of such member shall terminate immediately. He should be aware that he will serve without salary, but will be reimbursed for all reasonable expenses incurred in connection with this service, only after approval by Council. 4. TERMS: A member of a board, commission or committee shall serve for a term of three (3) yearat unless the board, commission or committee is specifically exempted by Council from this requirement. At renewal date, the Mayor, with consent of the Council. can re -appoint the member or recommend a M The terms of the initial board, commission or committee member shall be staggered so that three (3) members will be appointed for one year; two members will be appointed for two years; and two members will be appointed for three years. Terms shall commence on January 1 of each year. 5. PROCEEDINGS: All boards, commissions and committees will have regularly scheduled meetings which shall be open to the public. Exceptions to the meeting requirements shall be established by Council. Permanent records or minutes shall be kept of all proceedings and such minutes shall record the vote of each member upon every question. Every decision or finding shall immediately be filed in the office of the City Clerk and shall be a public record open to inspection by any person. All acts of boards, commissions and committees are subject to the paramount authority of the City Council. If any member should have three (3) consecutive, unexcused absences from regular meetings of the board, commission or committee, it shall be reason for removal from that board, commission or committee. In all matters of parliamentary procedure, Roberts Rules of Order as revised shall be applicable and govern all meetings, unless as specified in KMC 1.15.060 motions; KMC 1.15.100, speaking; and KMC 1.15.110, voting. The responsibility of insuring that all members of boards, commissions and committees receives a copy of the Standard Procedures of Boards, Commissions and Committees lies with the City Clerk. 6. SPECIFIC REQUIREMENTS OF BOARDS, COMMISSIONS AND COMMITTEES: Specific duties and powers of the Library Commission, Harbor Commission, P do Z and Recreation Commission, as defined in Sections 1.570 11.10, 14.05 and 19.05 will remain in effect. Creation, qualifications, terms and proceedings for these four commissions will be as stated in this section on procedures. 4 L L c° l t, C -X CITY OF KENAI ,.vd eddd 4 4"„ MO ROALGO KENA1, ALASKA M11 TELEPHONE 283 • MS Sept. 16, 1986 TOs Council FROM% Janet Whelan City Clerk REs Ord. 1161-86 In order to complete the amendments to the Code referring to the Landscape Board, please amend Ord. 1161-86, Standard Procedures, Section 6 to reads 6. SPECIFIC REQUIREMENTS OF BOARDS COMMISSIONS AND COMMITTEES% Speci is dut es and powers of the Library Commies on, Harbor Commission, P&Z, Recreation Commission and Landscape Board as defined in Sections 1.579 11.109 14.05, 14.25 and 19.05will remain in effect. Creation, quairfications, terms and proceedings for these five commissions will be as stated in this section on procedures. jw C- la. CITY OF KENAI Del edls" aj 4" !10 PIMMO KENAI, ALABKA M11 TELEPHONE 2w. m TO: Council J^Q� L / FROMt Janet Whelan (�1� City Clerk . ...= RE: Ord. 1161-86 j' Suggestions for amendments that were made at the Sept. 3, 1986 meetings ' 1 - Qualifications - delete "The member cannot be an officer or pi employee of the City of Kenai." = a. Employees can be appointed as ex-officio members (should !' this be part of Code?) -: 2 - Qualifications - amend let sentence to read, "A member of a board, commission or committee must be a resident of the -.0 city of Kenai or own property in the City of Kenai unless ' the board, commission or committee is specifically exempted ''` ' by Council from this requirement." 3 - There should be female as well as male members on all boards, commissions and committees. 4 - Advertise more frequently for members (should this be part of Code?) L 0 J a C-� Suggested bys Planning 6 Zoning Commission CITY OF KENAI ORDINANCE NO. 1164-06 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL KENAI MAP BYS/D FROM SUBURBAN RESIDENTIALG(RS) TO GENERALGCOMMERCIALTRACT E,SNOOD (CG)EZONI GLEN DISTRICT. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai; and WHEREAS, a rezoning petition has been received by Mr. Louis Schilling. owner of the subject property, to rezone the referenced lands (per Exhibit "A & B") from Suburban Residential (RS) to General Commercial (CG) Districts and WHEREAS, the Kenai Advisory Planning b Zoning Commission has conducted the required public hearings on July 23rd, August 13th, and August 27ths and WHEREAS, as a result of these public hearings the Planning Commission recommends approval of the rezoning request as described in the staff IEFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: Subject property consisting of those lands depicted in Exhibit" are hereby rezoned to General Commercial (CG) District with the stipulations as stated in the Staff Comments. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of September, 1966. ATTEST: Janet Whelan-, City Clerk TOM WA ON R, MAW First Readings September 3, 1986 Second Readings September 17, 1966 Effective Date: October 17, 1966 L PC CITY OF KENAI j ---� 210 FIDAIAo KENAI, ALASKA 09011 _ -- TE AMONE283-IM MEMORANDUM 701 Kenai City Council FROM: Janet Loper, Planning Specialist SUBJECT: ORDINANCE 1164-661 Rezone Tract E, Sprucewood Glen S/D - from Suburban Residential (RS) to General Commercial (CG) District Louie Schilling DATE: August 26, 1986 BACKGROUND C'. Applicant: Louis Schilling Box 7155 Nikiski, AK 99635 Legal Description: TractRE, prucSM eoriginal Glen S/0, Sec 5, Existing Zonings Suburban Residential (RS) Proposed Zoning: General Commercial (CG) Existing Lend Use Plan: General Commercial Proposed Land Use Plan: General Commercial DISC SSION The rezoning petition was presented to the Kenai Advisory Planning & Zoning Commission and was postponed at the July 23rd meeting, and again at the meeting of August 13th due to a petition submitted by the residents of Central Heights S/D. The residents were objecting to a commercial development adjacent to a heavily populated area and on a street (Walker Lane) which is experiencing heavy traffic problems. L L k � _ -4 n Sprucewood Glen/Schilling Rezoning Petition Page 2 The Commission requested the developer and the representative of the residents get together to reach an agreement which they did. As a result of that meeting, Mr. Schilling indicated that he will be providing a 40' buffer adjacent to Walker Lane with no access onto Walker Lane from the development. The suggestion from Councilman Wise for the applicant to deed the 40' strip to the City for recreational purposes with a value of the property to be set by the owner was approved by the owner, the residents, and the Commission. RECOMMENDATION Based on the forgoing data, the Planning Commission recommends approval of the rezoning from Suburban Residential (RS) to General Commercial (CG), including the stipulation of the 40' buffer strip adjacent to Walker Lane be provided, and that no access from the development onto Walker Lane. The requested rezoning also complies with both the 1960 Comprehensive Plan and the proposed Comprehensive Plan and is in harmony with the surrounding zoning designations. L 0 CITY OF KENAI REZONING APPLICATION DATES 7/11/86 1. PETITIONER: Lou Schilling dba Schilling Construction AND 2. ADDRESS: Box 7155 Nikiski, AK 99635 PHONE: 776-8662 3. WRITTEN SIGNATURES: 4. LEGAL DESCRIPTIONS Tract S. sprucavood Glen S/D 5. PRESENT ZONE: suburban Residential (RS) 6. PROPOSED ZONES General Commercial CG) 7. INTENDED USE AND/OR REASON FOR REZONING: Development of commercial enterprises 1. i 4 1 6. REZONING CHECKLIST: a6 map b. signatures C. deposit/advertlaing fee ($200) d. application form or letter L 1 ., ,•eraa.+•.Y•teBra4SBig! 64 s:et6srar�siasse•eeaas �xh [/ �wm i I . 11mmiq 00 �� a rl ♦ / / , y&40 Qp � ll 50 IF Or 7,0 do •� \� C at to K•q MfATtO � 133 y •\ " \ � �e tQpA r .� • 4 ®� �w ` � R w r I 0of7p•••�®: 1-8 lilt, n i 0 I� 1 S -t r1011, THEREFORO- ICE IT RESOLVED by the Coyyr� -i1 of the City of Kenai, Alaska[ .iat the City of Kenai herb.f accepts fron HAROLD A. & RITA DAUBENSPECK the gift of land, together with the oil, gas, and mineral rights therein and the gift of oil and gas rights in adjacent lands referred to in the deeds of December 12, 19800, to be used exclusively for public purposes. We further recognize that the value of this gift may exceed THREE MILLION DOLLARS 03,000,000.00). BE IT FURTHER RESOLVED that the City honor the request of Mr. & Mrs. Daubenspeck that the oil, gas, and mineral rights, including sales proceeds, royalties, revenue, or rental income therefrom, from Tracts C, D, and E of the Daubenspeck Property Subdivision re well as f re-- AlarL• r T-4 delrnds Survel, Pic. a' . : r: to be aedicated to athletic programs sponsored by the City of Kenai. The distributions of such funds will be at the full and sole discretion of the City Council of the City of Kenai, Alaska, to the Parks & Recreation Commission or such other City agency or city official as the City Council may fron time to time authorize to use such distributions. BE IT FURTHER RESOLVED that as a gesture of our appreciation we hereby recommend that in the event a marina or park or other public facility be developed on any of the donated property that such facility be named after the Daubenspecks. PASSED BY THE COUNCIL OF THE CITY OF KEDLW, ALASKA, this 17th day of December, 1980. ell G v41 VINCENT O'REILLY, !1A ATTEST i L 7 F �-y Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1165-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $120000 IN THE 1986-87 GENERAL FUND BUDGET FOR TWO GRANTS RECEIVED FROM THE STATE OF ALASKA. WHEREAS, the State of Alaska has awarded the City a grant in the amount of $7,000 to provide library services to the Wildwood Correctional Center; and, WHEREAS, the State of Alaska has awarded the City a grant in the amount of $5,000 under the Public Library Assistance Program for books and other library materials. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased so follows: General Fund Increase Estimated Revenues: State Library Grants 2 000 Increase Appropriations: Institutional Grant: Library - Salaries $ 2,119 Library - ESC 21 Library - Workman's Compensation 21 Library - Transportation 100 Library - Books $ 4 739 000 Public Library Assistance Grant: Library - Books 5 5,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17 day of September, 1986. TOM WAGONER, MAYOR ATTEST: 'Janet Whelan, City Clerk First Reading: September 3, 1986 Second Reading: September 17, 1986 Effective Oates September 17, 1986 L - 1 i i f ^ f t SUBSTITUTE Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1165-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $20,500 IN THE 1986-87 GENERAL FUND BUDGET FOR THREE GRANTS RECEIVED FROM THE STATE OF ALASKA. WHEREAS, the State of Alaska has awarded the City a grant in the amount of $7,000 to provide library services to the Wildwood Correctional Center; and, WHEREAS, the State of Alaska has awarded the City a grant in the amount of $5,000 under the Public Library Assistance Program for books and other library materials; and, WHEREAS, the State of Alaska has awarded the City a Special Legislative Award in the amount of $8,500 for the Kenai Community Library, and the City wishes to use the grant for personal services. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Library Grants $20,500 Increase Appropriations: Institutional Grants Library - Salaries $ 2,119 Library - ESC 21 Library - Workman's Compensation 21 Library - Transportation 100 Library - Books $ p 739 00 Public Library Assistance Grants Library - Books 5,000 Special Legislative Awards Library - Salaries $ 6,818 Library - ESC 68 Library - Workmen's Compensation 68 Library - Annual Leave 825 1 L I f en j Library - PERS 655 ' Library - Supplemental Retirement 66 00 :.' PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17 day of September, 1986. _.T M AGO , MAYOR ATTEST: ± snet Whelan, City Clerk First Reading: September 3, 1986 j Second Reading: September 17, 1986 Effective Date: September 179 1986 .�{ Approved by Finance: C� 9/5/86 ,i i _ f - J. 4 2 i, F 1. ------------ f� WHO TO: Kenai City Council VON: Charles A. Brown, Finance Director a GQ DATE: September 4, 1986 SUBJECT: Substitute Ordinance #1165-86 Please substitute the attached ordinance. The difference between the original and the substitute is the addition of the 3rd "whereas", and the addition of $8,500 for a third library grant. This will be for a part-time position (PT-8 @ $8.15 per hour). The position would work an average of 26 hours per week. All salaries and benefits would be paid with the grant funds, except for health insurance, which will be paid by the General Fund. No General Fund appropriation is necessary, however, because excess funds exist in the regular Library Health Insurance account. M7 P 1 a Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1166-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS 8Y $500 IN THE 1986-87 GENERAL FUND BUDGET FOR A DONATION FROM THE ELKS LODGE. WHEREAS, the Elks Lodge No. 2425 has donated $500 to the City of Kenai toward purchase of equipment for the Recreation Center. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Miscellaneous Donations $500 Increase Appropriations: Recreation - Small Tools 6 Minor Equipment $500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 1986. ATTEST: Janet Whelan, City Clerk Approved by Finance: t° 9Q 8/29/86 OM WAGONER, MAYOR First Reading: September 3, 1986 Second Reading: September 17, 1986 +, Effective Date: September 17, 1986 f 1 { f • a i ( i it -t .Y { J11.. _ y .1 t ti �qy � t i ` i i 1 C. /_ i 1 �O Suggested by: Planning Commission i CITY OF KENAI + 1 RESOLUTION NO. 86-67 1 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CHANGING THE f I NAMES OF CERTAIN EXISTING STREETS WITHIN THE KENAI CITY LIMITS. I } I r, WHEREAS, Section 14.15.140 of the Kenai Municipal Code authorizes the Council to name or rename streets, and �+ WHEREAS, a petition has been received from 6 property owners in the area adjacent to the street proposed for name change, and WHEREAS, the Kenai Advisory Planning & Zoning Commission held a meeting on September 10, 1986 for the purpose of hearing testimony regarding this { issue, and 9 WHEREAS, as a result of the testimony given, the Commission recommends the approval of the requested change of name per Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1: That the street name be changed and/or established according to the attached Exhibit "A" and that said name be incorporated on the Master Street Plan. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 1986. ATTEST: Janet Whelan, City Clerk TOM AGONER, MAYOR CITY OF KENAI 2t6 RIDALGO R6NN, AUMM N„ TBLBPN0NE263-M6 MEMORANDUM TO: Kenai City Council FROM: Janet Loper, Planning Specialist SUBJECT: Resolution 86-87: Changing Street Name - Sunrise Way to Watergate Way - VIP S/D DATE: September 11, 1986 DISCUSSION A petition has been received by Mrs. Christine Reynolds to change the name of a certain Right -of -Way located in VIP S/D. The ROW is currently named Sunrise Way, the petition requests the name be changed to Watergate Way. The petition bears the signatures of 6 verified property owners in the area adjacent to the ROW proposed for the name change. There area 72 parcels directly adjacent to the ROW with 53 listed owners of that property making the 6 names roughly 11% of the total property owners. BACKGROUND The original plat was drafted without ROW names. City of Kenai Resolution 80-54 (see attached Exhibit C) was drafted in 1980 and it was planned to have all fish or nautical related names consistent with the original. The subdivision now bears such names at Ketch, Baleen, Bowpicker, etc. The name Watergate appears to be one of the original names chosen. Watergate Way is one of the longest ROW's within the subdivision and extends into Kenai Peninsula Estates. se-l1 a CHANGE STREET NAME - Sunrise Way Page 2 In 1983, the Planning Commission and Council reviewed resolutions which requested that the name Watergate be changed to Sunrise Way through a petition submitted by the Johansen family. The resolutions considered an excess of 12 street names changes, Watergate among them. At the time of hearing, no objections were heard. (See Exhibits DO) At the Planning Commission meeting of September loth, the Commission heard Mrs. Reynolds, Mr. Reynolds, Mr. Don Aase, Maxine St. John, and Mr. Sorells, all of whom requested the name be returned to Watergate Way. In addition Mrs. Reynolds presented letters from two property ((?', owners in the area, the letters indicated agreement. . Chairman Smalley read two letters into the record which objected to the �.. '. street name change, wishing it to remain Sunrise Way. _ The Planning Commission made a motion to recommend approval of the street name change and pass this recommendation on to the Council in the form of Exhibit A. Minutes detailing the discussion and motion are item k H-6 in your packet. L_ L i Exh;bif � le -�' nm � i l b• • dtww /t • QD •" ® ®a ® as >a� i/�3A1 �r g O ••r t � -� aw ix j® ± �® t•, on A j t tGD pp to ,I ,• CD ' •' r� � � J t® yl�9to 77 M lb I ff ro nir w•�tQ�" ® p Pr s ' ! t •i i O 1i C-A;h;4 66 i 4 (- CITY OF KENAI RESOLUTION 86-42 A RESOLUTION OF THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, CHANGING THE NAMES OF CERTAIN STREETS WITHIN THE KENAI CITY LIMITS. WHEREAS, Section 14.15.140 of the Kenai Municipal Code authorizes the Council to name or rename streets, and WHEREAS, a petition has been received from 6 property owners in the area adjacent to the street proposed for name change, and WHEREAS, this petition requests the City of Kenai change the name of the street FROM Sunrise Way TO Watergate Way according to "Exhibit All, and WHEREAS, the Planning Commission has held a meeting on September 10, 1986 for the purpose of hearing testimony regarding this issue from any and all property owners in the adjacent vicinity. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING 7 ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, that: Section 1: That the street name be changed and/or established according to the attached Exhibit "A" and that said name be incorporated on the Master Street Plan. PASSED BY THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY 7/KMT, ALASKA, this loth day of September, 1986.E n ATTEST: w. Janet A. Loper,Planning Specialist Lee Lewis, Ch L `1 J .> 1, 'R 4 I Exh l b4 C Change :CITY OF KENAI RESOLUTION NO. 80-S4 Exhibit "A" Street Name Changes Easy Street Kaknu Place Primrose Avenue Spruce Avenue Spruce Drive Sandpiper Court Broadway Court Redoubt Nay F Street M Street U Street 2nd Avenue 13th Avenue 16th Avenue 17th Avenue (VIP) 17th Avenue (Dragnet) 19th Avenue 85tjt Avenue P Street Unnamed Unnamed (VIP) F To Kiana Lane ° Kulila Place East Aliak Drive wildrose Avenue Kiana Lane Kittiwake Court Nikolai Place Attla Way Fox Avenue Mink Avenue Muir Avenue Ketch Street VIP Drive Deepwood Court Bowpicker Lane Royal Street Dolly Varden Street Chi,sik Street Magic Avenue North Strawberry Road Baleen Avenue L m _e*_ .. 4i enh;b4 .0 dTY OF KENAI Planning & Zoning Commission RESOLUTION N0. PZ83-4 P. A RESOLUTION OF THE KENAI ADVISORY PLANNING &ZONING COMMISSION REQUEST FOR CONSIDERATION TO THE COUNCIL OF THE CITY OF KENAI, CHANGING THE NAMES OF CERTAIN EXISTING STREETS AND NAMING CERTAIN NEWLY ESTABLISHED STREETS. P. j WHEREAS, Section 14.15.140 of the Kenai Code authorizes the Council of the i' City of Kenai to name and rename streets, and WHEREAS, certain ambiguities exist on certain existing street namesresulting _ in confusion for police, fire, and ambulance response to emergency calls, ,. and, i� WHEREAS, certain streets in new subdivisions have not yet been named according �.. to Ordinance. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: s Section 1 - that the street names be changed and/or established according „ - to the attached Exhibit „ A and that said names be incorporated on the Master Street Plan. t Section 2 - That the City of Kenai's Public Work's Department keep and update a Master Street Plan drawing that includes all roads that such accepted and maintained within the City of Kenai and that such roads on the drawing will be considered the official names of these roads. ;+ PASSED BY THE PLANNING &ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 26th day of January, 1983. Ja66t Loper, Secr tary Chairman 4 L L i r 3 . ; t j ;C CITY OF KENAI RESOLUTION NO. PZ83-4 Exhibit "A" Chanste C Street (Spur Subdivision No. 2) FAA Access Road 27th Avenue 32nd Avenue Jim's Road (Highland Trailer Court) No Name (Bush Lanes Subdivision) No Name (Old Town) 22nd Avenue Stock Street Mulholland and Aurora Watergate Way New Subdivision Street Names Jenkins Subdivision peck & Henson Subdivisions Government lots 18, 19, 28, & 29 Government Lot 30 Koa Subdivision Wesbet, White Country, & Porters Acres Government lot 99 & 100 Government lot 96 & 100 Eddington Subdivision Government lot 135 Burnett Subdivision Helen Jones Subdivision C To Frontage Road Ryan's Drive N. Gill Street Jefferson Street King Salmon Drive Bush Street Petersen --Way Shelikoff (continuation) James Street (continuation) Colonial Drive (straight through) Sunrise Way Truman Avenue Madison Street Eadie Way Hayes Avenue Kos Circle Monroe Circle Grant Street Harding Street Adams Street Coolidge Street Lantern Circle Silversmith Lane Carriage Circle & ;¢ Cobbler Circle L m v City ... a e. .,:n� :Y '.,a, .. f�late-;3.. •,. , _ ).$)T.3 . ..n'Y1L.. .u1. •.i prefer.. _, r.,T _ _ Ze: �'•'= _. ,[ GJ (bA i L �Ck4k9El S ,=2-7 i v CUo.'�pr e LO (�2�5 i ►Jr� T�lonn So n� �'t 5� Lt�1�t'I��GA-'(L� k. ,vim ;o ,��,xc, � C.-�iP�STd� �• ��1A)C�1%S �IL� WitTEIZ�j!}� re�� 2 Z�Sr uJa �fr Lt/�a �'GlJ A. RCOJoLl-Tos SAT ' 4 i; }i ) s !y ,s .r L - I s i Robert and Suzanne Layfield 2790 Sunrise Way Kenai, Ak 99611 Sept. 5, 1986 Dear Members of the Commission, I would like to submit these written comments in regard to the matter of the petition of request of changing the name of Sunrise Way to Watergate -Way. First I would like to state that we are newcomers to the Kenai area, having just recently moved here from Anchorage. We have been very pleased with the area, and consider it an ideal location, especially in regard to the raising of our two young sons. Therefore, my first concern is still the name " Watergate."' I understand that this was the original name of the street prior to the infamous Watergate incident. My feelings are that it still holds that conotation- the very mention of the word "Watergate" brings back the memory of a time in which our nation was not very proud. On the other hand, •• Sunrise Way" is a beautiful name- and to me, is more to the standard of an Alaskan name, than "Watergate." Secondly, I an looking at the question of changing the name from a mere practical standpointt As I stated before, having just recently moved here, 1 have just barely completed the task of notifying charge card companies, utilities, and the bank of my new address change- even to the point of ordering a complete new set of checks with my new address 1111 Also, this also means another trip down to the Dept. of Motor Vehicles, for again another address change. Therefore, from a practical standpoint, all of the people here on our street would be faced with these same tasks. I would like to close with a personal testimony in regards to a street name change. The home in which we lived in Anchorage was on a street whose name had been changed. I can tell you that I had not located one map that had the new street name on it- and so therefore went through great . explanation every time I needed to give the address to a repairman, friend, etc. Therefore, I can not see the point to adding more to the confusion that must have already been caused by the original change. By husband and I would like to see the name of Sunrise Way remain the same. Thank --you for your time in considering these comments. Sincerel , I .drag• ova' 9 1• � �� Nab rt hayfield Suzanne Layf ield Ri DEFT. M_ J W ,l, t .oi�-����r.� ._way • �- - - : - - - - •` ..��' .Z �7c�o� - be..�?y ._nv�-'�'i.e? o-r�' �%�.e _� .�tahy.z �o _.._.__ ... /+ -7 .S . �' 1 SG( /� rt f,e �Q� f, Lt ,S .� Clia3 n0�7 ^�rta0 . •o `� G! r '•,.` _ ... � �raay� �ac�k �o.. Gr/a•�e�� a�� GtiQ� _ ._.__ -� . �(° -er.-. -- - - - , Ac !4 .� _._ . 4 i - L 91 7 -01 - a � FAo44 jAil<iE S StAA)Aise wily- ro P 4 to ov %t ler —4 6or ro 0 IV nl 4-j olm 'o 000b 40 ...... Ake .41 F L Linda L. Swarner Drawer 2602 Kenai, Alaska 99611 Septembdr 8, 1986 Planning & Zoning Commission 210 Fidalgo Kenai, Ak. 99611 Dear Commissioners, As the owner of Lot 15, Block 1 VIP Park Estates, I would like the street now known as Sunrise Way to be changed to Watergate Way. I was not notified of the change from Watergate Way to Sunrise Way nor was my husband. Thank you for the letter mailed via certified mail indicating the possible change of the street name. Sincerely, L nda L. Swarner L L F Ft i V.. AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 39 1986 - 7i00 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. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) 1, Catherine Thomas, Central Alaska Construction - Standard, Richfield, Thompson Pl. - Owner's Breach of Contract 2. Clarence Ladd - Parking PUBLIC HEARINGS 1. Ordinance 1110-86 - Establishing Two new Employee Classifications 2. Ordinance 1132-86 - Amending Kenai Municipal Code - Site Plans a. Substitute Ord. 1132-86 3. Ordinance 1160-86 - Amending Kenai Municipal Code - Mandatory Water Connections s. Substitute Ord. 1160-86 4. Ordinance 1162-086 - Increasing Rev/Appne - Airport Safety Zone, General Aviation Tiedown# Taxiway Improvements - $953,000 a. Substitute 1162-86 5. Ordinance 1163-86 - Increasing Rev/Appne - New Street Lights - $90,000 6. Resolution 86-79 - Awarding Contract - Floor Covering, Senior Citizens - S. Rutherford Floor Covering - $5,634 7. Resolution 86-84 - Requesting Federal Govt. Grant Area -Wide Customs Port of Entry Status to Kenai Borough Ports 8. Resolution 86-85 - Opposing Kenai Peninsula Borough $50,000 Salary Cap 9. *Application for Liquor License - Windmill Restaurant 10. Resolution 86-86 - Awarding Contract - Airport Safety Zone, GA Apron, Taxiway Improvements - $943,007 D. MINUTES 1. *Regular Meeting, August 209 1986 2. *Special Meeting, August 28, 1986 E. CORRESPONDENCE F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1161-86 - Amending Kenai Municipal Code - Standard Procedures for Commissions & Committees 4. *Ordinance 1164-86 - Rezoning - Sprucewood Glen S/D 5. *Ordinance 1165-86 - Increasing Rev/Appna - Library Grant - $12 9000 6. *Ordinance 1166-86 - Increasing Rev/Appna - Recreation, Donation from Elks Club - $500 7. Discussion - Alaska Municipal League - Amendment to Municipal League Bylaws on Quorum 8. Discussion - Engineering Design/Inspection Firms 9. Discussion - OceanTech a. Billing on S. Strawberry Rd., Kenaitze Ct., Eagle Rock, Sandpiper, Tern, Robin b. Request for Additional Compensation 10. Discussion - Shore Fishery Lease - Jewel Machen 11. Phil Evans - CIIAP - Rescission H. REPORTS 1. City Manager 2, City Attorney 3. Mayor 4, Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission S. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT L =� L 1 td . t L I [0 KENAI CITY COUNCIL - REGULAR MEETING - MINUTES SEPT. 3, 1966 - 7sOO PM KENAI CITY MALL MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Sally Bailie, Joao Mall, Ray Measles, Chris Monfor, John Wise, Tom Wagoner, Tom Ackerly Abeents None A-1 Agenda Approval o. Mayor Wagoner asked that item B-1 be added - C. Gintolt, Leif Hanson Memorial Park. b. Mayor Wagoner noted that item C-1 - Ord. 1110-86 - Finance Director Brown had requested some amendments be made to the ordinance. C. Mayor Wagoner noted the dates on items C-1 8 C-2 (Ord. 1110-86 6 1132-86) will be corrected adminietretively- d. Mayor Wagoner noted item C-3s - Ord. 1160-86 - substitute ordinance was distributed this date. e. Wagoner asked that item 0-1 - Minutes, 8-20-86 - b:tken off the Consent Agenda. f. Mayor Wagoner asked that item G-3 Ord. 1161-86 - be taken off the Consent Agenda. g. Mayor Wagoner asked that items G-8 6 G-9 be reversed on the agenda. h. Mayor Wagoner noted there will be some testimony for Item G-10 - Shore Fishery lease Agenda approved as emended. A-2 Consent Agenda MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie„ to approve the Consent Agenda as amended. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD B-1 Catherine Thomas, Central Alaska Construction - Standard, Richfield, Thompson Pl. - Owner's Breach of Contract Me. Thomas was not present. 8-2 Clarence Ladd - Parking Clarence Ladd, Kenai. Mr. Ladd said he had been trying for 3 months for Council to handle this problem. He has talked to Rev. Director McGillivray and asked for peeking apace near the perk. It is fenced in over there. For 2 city blocke, from Kenai Joe's to Main St., there is no access. There le one short entrance by the old City Hall (Community Center). 3 weeks ego grass was planted there, they have cut off access. The Peninsula Learning Resource Center is moving to the Fine Arts Center. There is no place to park there. There is also a big monument there. There should be a place to perk there. Broad St. has a bad corner, he has been hit 2 times there. There is to nothingTposted here ietherno e. to There are 9 lots going up Mal get skedhCouncilthe and�City2Managereasement Brighton tocould lookoatnthis.He Also, where will the City put the enow9 mayor Wagoner asked if he woe aware of the Old Town study, answer - yes. Mayor Wagoner asked if he had spoken to the Committee regarding ths. Mr.ould doianythinglaboute1eadd lodMeyoye c Wagoner but he dexplained, id not nthat eIsvPart L L i f- L. if .. `i i t 1; ,f I I rcFl- . . KENAI CITY COUNCIL SEPT. 3, 1966 = Page 2 of their study. Council cannot make a decision till the final report is done. Mr. Ladd asked if Rea. Director McGillivray could out out easements and driveways. Regeeding the brush at the Senior Center. We have a :1 Million building, there is a jungle of brush there. People will break in again. 8-3 Carmen Gintoli, Architect - Leif Hansen Memorial Park Carmen Gintoli, Kenai. Mr. Gintoli said Beautification Committee and Landscape Board met Sept. 2 and reviewed 2 plane. He reviewed the one selected. The entrance will be on Frontage Rd., the gazebo in the center for memorial services. There will be paths in the park, flower bode at the entry, a sign on Spur. Dr. 6 Mrs. Hansen received $8,000-S10,000 for the fountain. It will be purchased and installed with these funds. The gazebo and fountain can be seen from the street. They will stay within the $50,00. Councilman Wise asked if the park will be usable in winter after plowing. Mr. Gintoli replied yea, the main access is on Frontage. Councilman Wise asked if there was a place for the plowed snow. Mr. Gintoli replied, the sidewalks will have plaques on them, with trees planted in the ground. The sidewalks can be used in winter. A snow blower will not destroy the treee, but they will have to use a small one. The fountain will not be used in winter. A flog pole will be donated. i B-1 Mayor Wagoner asked about the City flag pole. Public Works Director Kornelia explained, the park one was donated by Nina Selby. We have another one designated for City Hall. Mr. Jahrig will be digging the hole for that one. Katherine Thomas, Central Alaska Construction - Standard, Richfield, Thompson P1. - Owner's Breach of Contract Katherine Thomas, Box 1594, Soldotne{ Owner, Central Alaska Construction. She had a package for the Sept. 3 Council packet, but could not get back from King Salmon in time. In 19B4 they bid the Standard project, in 1985 they were given the alternate job, it was completed in 1985. She reviewed the material distributed this date. Pay Estimate i7 shows 2,142 cu. yde. of usable excavation, there was an act usl total of 1,216 cu. yde. They had to haul in an extra 1,000 cu. yde. to make up for the gap in the rub -grade. No one ever measured what happened. It involved 3-1/2 days of working time. It took 3,000 cu. yda. of materiel to bridge the gap. They did not make the mistake. They requested a arose section before. The engineers - the owner's representatives - chose not to do this. It wan against their contract and against good engineering practice. All this was documented by the inspector. The quantities the engineers came up with cannot be adequate because they did not come up with all the crone sections necessary. Art 4.7 of City standard contract shows they get a cross section. If the engineer disregards this, they should have an explanation. On Jan. 15 they requested release of reteinage. They did not receive a reply till March 3. The engineer is to notify within 10 days if there is a problem. The March 3 letter does not address the fact they did not have a arose section. She replied to that letter, but did not receive an answer except the June letter from Wince, Corthell 6 Bryson. They believe the quantity to be correct. On June 5 she wrote a letter saying the owners should provide a erase section. On Aug. 6 she wrote a pay estimate. She has had no replies from her letters. She came to the retalnege meeting and was told this did not have to be token care of at this time. There wee no reason for the City to hold retainage. She called the City for 2 L OR= L_ c f j { S. j r; r) 1 KENAI CITY COUNCIL SEPT. 3, 1986 Page 3 weeks. She received a check for retalnage in Aug., marked "final payment." It had not gone to Council, she thought all payments had to go to Council. The amount had been changed. The contract seye if there are any changes, she was to be notified. The lack of a cross section was not addressed and the check wee marked "final payment." The City should oak why they are out payment and should check with the engineer. This will coat her and it is not her problem. This is not good policy. Public Works Director Kornelis explained, the City is not asking Council to settle this, the claimant is. There are procedures for her to follow. He was informed the contractor would be here. She woo oupposed to come in with a packet but she did not. He mailed her a copy of packet item B-1 (Kornelis memo dated Aug. 29). Mrs. Thomas stated she did not receive it. Mr. Kornelis sold the Oct. 1985 cross sections were given to her. He attended the Nov. 1985 meeting and went over the cross sections at that time and made copies of them. The City has hired Wince, Corthell & Bryson to handle this, they have done a good job. It was designed and inspected by Wince, Corthell & Bryson. At pre -construction conferences the City explains the engineer and the contractor should be 1n contact with each other. Mrs. Thomas noted in the packet to Council is a letter dated Sept. 2, 1986 from her consultant saying there is no way to have an accurate estimate because there was no after -excavation cross section taken. This point is being ignored. Mr. Kornelis replied the cross sections were made according to contractor specs. Section 20.00 of the Standard Construction Specs states "Materials shell be measured in place in the fill or backfill, compacted to the specified density, to neat line grades by the method of average end areas determined from cross -sections taken by the Engineer." Mrs. Thomas replied, there is no way that section applies, that is for template when you know what is on the bottom. There had to be 2-1/2 ft. of material brought in. The City's Inspector verified they brought it in. Mr. Kornelis does not mention that cross section, one for pre-deeign and template drawing after, but not after excavation cross section. The engineer has a man who documented what took place on the project. She had to bring in 5,000 yds. to get to finish elevation. She had to bring in an additional amount of type 3 to get to the same spot at the end. The material wee not there to establish this template. If you are short 1,000 yde of usable, you have to bring in 1,000 yde of type 3. Councilwoman Baille suggested it be brought back to Administration for a further report. Councilman Ackerly asked if there is any way to verify 1,000 yde. in out records. Mr. Kornelis replied, Mr. Madden (Wince, Corthell h Bryson) hoe checked 3 times and there is no mistake. He explained, Pay Estimate 07 to a rough estimate by the design engineer. The 2,142 cu. yde. is Wince, Corthell R Bryson figure. Mayor Wagoner naked, what is the 1,216 cu. yde. figure? Mr. Kornelis replied, he agrees to that. It Is only one of those crossed out. In Pay Estimate 07 the engineer did not agree with the total to data figures. Mr. Kornelis' letter shows the contractor is asking for $7,000 more than we paid them. They are paid in full. The City is following the book. The Pay Estimate was approved at the Aug. 28 meeting, with the numbers crossed out. Councilman Ackerly asked if the inspector was always on the job and counting truck loads. Mr. Kornelis replied no, because we do not pay by the truck load. The contractor told them how many truck loads they had. It is paid by cu. yd., measured in place. Mrs. Thomas said the on -site inspector documented the load counts for sub grade, reduced for fair compacted yard. On others they were within Ili. Mr. Fleler iB a good inspector, he did documentation. He asked for e croon section, he thought it wee nee aeary. She asked that L l_ KENAI CITY COUNCIL SEPT. 3, 1966 Page 4 Mines, Corthell a Bryson explain why they did not have proper documentation. Councilmen Ackerly noted winoet Corthell d Bryson representatives should be here. No action taken by Council. C. PUBLIC HEARINGS C-1 Ord. 1110-86 - Establishing Two Now City Employee Classifications MOTION: Councilmen Measles moved, seconded by Councilwoman Monfort to adopt the ordinance. There wee no public comment. MOTION, Amendments Councilwoman Bailie moved, seconded by Councilwoman Nonfat, to amend the ordinance to change Administrative Assistant II to Administrative Specialist, and change Administrative Assistant III to Administrative Assistant. Finance Director Brown explained, he had initially wanted to defeat this but we do not know what Council will do with the study. Councilman Measles noted this will be discussed at the Sept. 17 meeting, we need a work session before then. If we accept the study, we should not do this piece meal till after we decide on the study. Finance Director Brown explained, there will be massive changes if they accept the study. Even without passing the changes, Council may went to have title changes. VOTE, Amendment (Failed): Motion failed unanimously by roll call vote. VOTE, Main Motion (Failed): Motion failed unanimously by roll call vote. C-2 Ord. 1132-86 - Amending KMC - Site Plans a. Substitute Ord. 1132-86 MOTIONt Councilman Hall moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. MOTION, Amendments Councilmen wise moved, seconded by Councilman Hall, to adopt substitute Ord. 1132-86, as submitted. Councilman wise explained, the substitute combines the Landscape and Site plane. VOTE, Amendment: Motion pseend by unanimous consent. Councilwoman Sallie noted Section 14.25.050, why to there a clerk for the Landscape Review Board? Councilmen Hall replied, it seas in the original ordinance. Councilwoman L L _i r 'i .a 0 t+ �; - t 'f 1_ l: i} KENAI CITV COUNCIL SEPT. 3, 1986 Page 5 Bailie asked if this wee to take minutes. Councilman Hell replied the Planning Specialist 1e at the meetings, this was in �ieu of a secretary. MOTION, Amendments Councilwoman Bailie moved, seconded by Councilmen Wise, to delete the word "clerk" from Section 14.25.050. VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion na Amendedt Motion passed unanimously by roll call vote. C-3 Ord. 1160-66 - Amending KMC - Mandatory Water Connections a. Substitute Ord. 1160-86 MOTIONt Councilmen Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. PUBLIC COMMENTS 6. father Targoneky, Russian Orthodox Church, Kenai. He objected to passage of the ordinance, for the same reasons he submitted at the Aug. 28 meeting. He questioned what was meant by a straight line, is this on the surface? Are you 10 ft. below 200 ft. of an existing public water main? The well is not on the ground, it is under the ground. This does not specify how a direct line is measured. Mayor Wagoner replied, a surface measurement is DEC requirement. father Targoneky noted it should be specified. Atty. Rogers replied, it is not a problem. father Targoneky asked when it takes affect. If it Sa Oct- 3, how much time will the City allow with notifying of work to be done? Atty. Rogers explained, administrative flexibility allows the City to grant people adequate time. If it is not enough, the customer has recourse. MOTION, Amendments Councilmen Wise moved, seconded by Councilmen Hall, to amend the ordinance to substitute Ord. 1160-86, distributed this date. VOTE, Amendments Motion passed by unanimous consent. Councilman Wise suggested making the effective date July, there may be frost on the ground by Oct. 3. Atty. Rogers replied that would not be ea good as making the effective date as soon as possible for rsee one of State agencies. There Is Administrative flexibility. There are some projects that are being closed out that are affected by this. Councilmen Wise said we are also welving charges, that Is another issue. It should not be lumped together. Public Works Director Kornelis explained, es soon as water 6 sewer line is hookod up, we start charging. This is the beat avenue. He talked to DEC this date, they have a copy of his handwritten substitute and have no problem with it. We need this right away to get operating certificates on some projects. They would not require hook up in winter. L 7 9— ' > , J, IR J?, ' L 1 t n, ;t - 74 is .. ter._--=�_•r�—•.� :.:.— ..-- - r .1 KENAI CITY COUNCIL SEPT. 3, 1966 Paige 6 VOTE, Main Notion as Amended; Motion passed unanimously by roll call vote. C-4 Ord. 1162-86 - Increas. Rev/Appne - Airport Safety Zone. General Aviation Tiedown, Taxiway Improvemente - $953,000 a. Substitute Ord. 1162-86 MOTIONt Councilwoman Bailie moved, seconded by Councilwoman Monfort to adopt the ordinance. There woo no public comment. Councilmen Ackerly asked if FAA would contribute, answer - yes. City Manager Brighton explained, the substitute has the exact figures. NOTION, Amendments Councilman Measles moved, seconded by Councilwoman Bailie, to replace the ordinance with substitute Ord. 1162-86. Councilman Mine naked what is not grant -eligible. Airport Manager Ernst replied, the apron with 2 taxiways, floodlighting, safety zone fill, top Boil 6 grading, inspection are FAA participation. The texlway is not. The lighting, electric outlets, vehicle access would be picked - up the the State. Councilman Wise asked, how much of this is identified in the Airport Master Plan or the proposed plan? Mr. Ernst replied, 1t was not approached in either one. Councilmen Wise asked if it was on the Capital Improvement List. Mr. Ernst replied no, this was a back-up project for the float plane bee in. if that did not go, this was brought to FAA as a viable project. Mayor Wagoner asked if the City woe in danger of losing funds if we do not do this. Mr. Ernst replied yes, if this does not come to grant, $466,000 would be at risk. You can only accumulate 3 year. funding. Councilmen Measles asked if there was any reason we have to do this all at once. Do we have to spend $1 Million to keep from losing $400,000? Mr. Ernst replied no, GAA tiedown and the taxiways will be an ;east. This would eliminate the frost heave problem. FAA will fund this. We are only using State and Federal funds. VOTE, Amendment (Passed): Yess Bailie, Nall, Measles. Monfor, Wagoner. Ackerly Not Wise VOTE, Mein Motion As Amended (Paased)s Motion passed unanimously by roll call vote. C-5 Ord. 1163-86 - Increae. Rev/Appne - New Street Lights - $90,000 MOTIONt Councilman Ackerly moved, seconded by Councilwomen Bailie, to adopt the ordinance. There woe no public comment. Public Works Director Kornelie reported the list was checked for duplicates. Councilman Wise noted these will not be in �.. till next summer. Public Works Director Kornelis said REA will not be charging meter costs. They will be back with a more definite figure. A I a KENAI CITY COUNCIL SEPT. 3, 1986 pa16 ge 7 ?t ''_ MOTION, Amendments Councilwomen Monfor moved, seconded by Councilwoman Bailie, i� to emend the ordinance to add Thompson Pk., corner of Lowe ' and Eisenhower. t VOTE, Amendments Motion passed unanimously by roll call vote. Councilwomen Bailie asked if this would be back to Council C` prior to construction with the exact figure. Public Works Director Kocnells replied, there will be a PO. Mayor . Wagoner noted, with 50 new street lights at $1200 per light, that in obaut $6,000 more in the budget. Councilmen Wise noted maintenance is HEA responsibility. Councilmen Measles p' asked that the PO be for all lights at one time. _ VOTE, Mein Motion as Amendeds Motion passed unanimously by roll cell vote. C-6 Res. 86.79 - Awarding Contract - Floor Covering, Senior ' 4 Citizens - S. Rutherford Floor Coveting - $5,634 M1. MOTIONS _.. _ Councilmen Ackerly moved, seconded by Councilwomen Monfor, t to adopt the resolution. c I There was no public comment. Motion passed by unanimous consent. t. C C-7 Rea. 86-64 - Requesting Fedl Govt. Grant Area -Wide Customs { Port of Entry Statue to Kenai Borough Porte 4.r i MOTION: Councilmen Ackerly moved, seconded by Councilmen Hell, to adopt the resolution. 11 �i There wee no public comment. ' i Councilmen Ackerly asked about funding. City Manager This is Brighton replied, the City should pay their share. at the request of the City of Seward. Councilmen Wise asked if there wee Borough support. Mr. Brighton replied, there was a resolution at the Sept. 2 meeting. Motion passed by unanimous consent. C-B Res. 86-85 - Opposing Kenai Penirs,-ln Borough i50,000 Salary Cep ,t - - ! MOTIONs Councilman Measles moved, seconded by Councilwoman Monfor, i to adopt the resolution. There was no public comment. Mayor Wagoner said at this time it does not affect the City. be on the ballot, the voters should decide. This will Councilwomen Monfor explained she asked for the resolution "1 because the ballot proposition is done incorrectly- The introduced it do not realize the ramifications �- ,k people who and Borough employees deserve Council support. L 7 11 ai 1 • rfl i I i KENAI CITY COUNCIL SEPT. 3, 1986 Page 8 ! j VOTE (Passed): 4I Yee: Bailie, Hall, Measles, Monfor, Vies, Ackerly No: Wagoner C-9 Application for Liquor License - Windmill Restaurant Approved by Consent Agenda. C-10 Res. 86-86 - Award Contract - Airport Safety Zone, GA Apron, Taxiway Improvements - $943,007 MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, j to adopt the resolution. There was no public comment. Public Works Director Kornelie explained, we are not doing alternate i2. Councilman Wise noted, we are creating a new parking area for tie downs. He asked how Administration plane to control tie down traffic. It cannot be controlled from City Hall or the terminal, as to assigning positions or who will use it. It should be franchised out. He also questioned another access- Why did we put up another fence? The gates will not be controlled. MOTION, Amendments Councilmen Wise moved, seconded by Councilman Measles, to reduce the award by $37,055 and delete add.elt. •1. Councilman Measles asked why this is needed. Airport is through Manager Ernst explained, the only other access the CAP or Grizzley area. Traffic would have to go through the parked planes to parking. The 2nd access road has e a gate by the cemetery, that is a maintenance road. We would ' keep this gate locked. We could control traffic by keeping the gates open at other places. He noted, the reason for the security fence wee for jet traffic, we do not have that now. Councilman Measles added, oleo to keep moose and caribou off the runway. Public Works Director Kornelis said beaidee access, the gate is for perking for 40 planes. FAA her agreed to the plane. Councilman Measles asked, if there Is vehicle parking on the airport, is there a liability? Atty. Rogers replied, there may be substantial liability, but you have access now. Councilman Hall noted, we are just adding to the parking, not changing it. Atty. Rogers said i when you increase traffic, you get people that are not specifically related to aircraft. ! VOTE, Amendment (Failed)t 1 Vest Wise, Wagoner No: Bailie, Hall, Measles, Monfor, Ackerly jjrr( ; VOTE, Main Motiont j I Motion passed by unanimous consent. + D. MINUTES 0-1 Regular Meeting, Aug. 20, 1986 a. Clerk Whelan noted that page 4, item C-7, MOTION. Approval was for substitute Res. 86-62. i i L L ... 1. ..... r- r -I1 ._. A .. ... _ At t KENAI CITY COUNCIL SEPT. 3, 1966 Page 9 - b. Clerk Whelan noted that page 11, items C-4, C-5, C-60 C-7, C-8, C-9 - should be H-3, H-4, H-6, H-7, H-B, H-9. H-5 should be added, Finance Director's Report - none. c. Councilwoman Bailie noted that page 5, paragraph 4, Waldo Coyle should be Ruby Coyle. MOTIONS Councilwoman Bailie moved, seconded by Councilwomen Monfort to approve the minutes ee amended. Motion passed by unanimous consent. 0-2 Special Meeting, Aug. 28, 1986 Approved by Consent Agenda. E. CORRESPONDENCE None F. OLD BUSINESS None G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified MOTIONS Councilman Measles moved, seconded by Councilwoman Bailie, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $19000 MOTION: Councilman Hall moved, seconded by Councilwoman Monfor, to approve the requisitions as submitted. Councilman Wise asked if the computers had gone out to bid. Finance Director Brown replied, Council had said they wanted IBM or IBM-compatible. There was no joint meeting of depts, each dept. is on their own. Public Works Director Kornelie ie ordering the same thing. Motion passed by unanimous consent. G-3 Ord. 1161-86 - Amend. KMC - Standard Procedures for Commissions and Committees MOTION. Councilman Measles moved, seconded by Councilwoman Bailie, to introduce the ordinance. MOTION, Amendments Councilwoman Bailie moved to amend Section 1, Creations and Section 3, Qualifications. There was no second. Councilwoman Sallie explained, Section 3 - Qualifications. She asked that "The member cannot be an officer or employee of the City of jurisdiction ofKCouncil. enai" be deleted. further inoteduwe underld be have several L I L 5' ti i i� .i +l j x 9� l l l s" KENAI CITY COUNCIL i SEPT. 3, 1986 Page 10 commissions with no female members. We need input and expertise from both. We do not want all females either. Mayor Wagoner said if you went females and none ace available, you cannot get a member. Councilwoman Sallie i noted there are no females in Recreation Comm., P61 or Harbor Comm. More females then males use the Roe. Center. She added, there were women that applied for most of these positions. Councilmen Ackerly suggested there be periodic advertising for positions. Clerk Whelan said this is done 4 times in December. Councilmen Ackerly suggested this be done more times. Councilmen Wise requested division of the question. Council agreed to the request. MOTION, Amendments Councilwoman Bailie moved, seconded by Councilwomen Monfor, to emend the ordinance procedures, section 1, add at the end, "A member from City or staff attend all meetings of Boards, Commissions and Committees and supply staff support." Mayor Wagoner suggested a cost/manpower study. They will have comp time available. Councilwomen Sallie explained, this is not to take minutes, but to contribute. Example, Beautification Committee. We owe it to the commissions and committees to show interest of Administration. Councilmen f _ Wise said if minutes are not required, the meeting should not be held. City Manager Brighton said the Recreation Director and Planning Secy. are directed to attend all meetings of the Beautification Committee. VOTES Amendments Motion passed by unanimous consent. MAYOR WAGONER LEFT AT THIS TIME (900 PM). VICE MAYOR MEASLES ASSUMED THE CHAIR. Councilwomen Bailie referred to item 3. Qualifications, 1st sentence, 2nd line. After the words "City of Kenai" add, "or own property in the City." In addition, she asked if an employee should be allowed to serve. Councilman Measles noted the procedures allow Council to exempt that requirement. Some commissions and committees should be kept as requiring residency, such as P&Z. City Manager Brighton explained the employee requirement. It is possible an employee could be in s conflict situation. This would also prevent Council from loading the commission by putting employees on the commission. Atty. Rogers added, there is a problem of undue influence by an employee because of his expertise. Also, there is protection of the employee for influence of Council to be put on the commission. They would speak for Council, not of their own free will. This Is done in other cities. He suggested an exemption clause. Councilmen Hall suggested Council could appoint an employee Be an ex-officio member. Councilwoman Bailie explained she wee thinking of short-term committeas- MOTION, Amendments Councilmen Wiee moved, seconded by Councilwomen Monfor, section 4, Terms, line 4. Delete "This term can be extended until a successor is appointed and qualified." Councilman Wise explained, they could be on for 10 yearsHe . Whelanlexplainedprefer ,xthisnoaahut in toand preventilooknof a lark quorum because there were nopt enough members. Atty. Rogers L 1 .t Ji J 1 KENAI CITY COUNCIL SEPT. 3, 1986 Page 11 @toted there cannot be an appointment for a charter term than statute. Councilman Measles noted this is similar to Council elections. If there is no qualified replacement, the member remains. VOTE, Amendment (Pesaed)t Yee, Bailie, Hell, Measles, Monfor, Wise No: Ackeriy MOTION, Amendments Councilwoman Bailie moved, seconded by Councilwoman Monfor, to add Council on Aging to the list of commissions stated in the Ordinance. Clock Whelan explained, this ordinance only amends sections of the Code dealing with specific commissions; Council on Aging is not specified in the Code. Atty. Rogers noted it could be added. Councilman Measles sold the Landscape 13oard should be added to the list. Councilwomen Bailie said the primary need is for a secretary at the Council on Aging meetings. Atty. Rogers explained, all those commissions, Comm itteee and boards recognized by the City would be under this ordinance whenever they are created. MOTION, Withdraw Amendments Councilwomen Bailie, with consent of second, withdrew her motion. VOTE, Mein Motion as Amendedg Motion passed by unanimous consent. G-4 Ord. 1164-66 - Rezoning - Sprucewood Glen S/D G-5 Ord. 1165-86 - Increes. Rev/Appne - Library Grant - $12,000 G-6 Or.d 1166-86 - Incress. Rev/Appne - Recreation, Donation from Elko Club - $500 Approved by Consent Agenda. G-7 Disc. - Alaska Municipal League - Amendment to Municipal League Bylaws on Quorum MOTION: Councilmen Wiee moved, seconded by Councilwomen Monfor, to approve the request of Municipal League. Motion passed by unanimous consent. G-8 Diec. - Engineering Deeign/Inspection Firms Public Works Director Kornelis explained, Public Works Dept. is comfortable with these 4 firms. they are preparing RFP for the float plane basin, that is the let time we will try with this system. MOTION t Councilmen Wise moved, seconded by Councilwoman Monfor, to accept the recommendation of Administration. Councilmen Wise noted if we stick with engineers we know in Kenai, we would have better estimate with the projects. Coat over -rune in the past could be covered because money was available, but money 1a tight now. We don't have to gambleside listirma if this is of all engineers inpthe.Councilman lmen area for -- a L j .4 �:j ��! KENAI CITY COUNCIL j SEPT. 3, 1986 Page 12 a j Council review. He noted Council decisions have not been that good when they go against Administration. He suggested this be finalised at the Sept. 17 meeting. Vice Mayor 4 Measles noted this list can be added to or deleted. VOTE (Passed)e r Yeee Bailie, Measles, Monfor, Wise " No: Hell, Ackerly G-9 Diec. - OceanTech G-9s Billing on Strawberry Rd., Kensite:e Ct., Eagle Rock, Sandpiper, Tern, Robin Councilmen Ackerly noted there are serious problems that havo to he straightened out. The only way it can be done in to close this out. Public Works Director Kornelis explained, this is bill for 100% completion of the project. There is more work to be done. That to why he brought this to Council, he did not think it should all be paid. IS Councilman Ackerly asked why we cannot inspect ourselves. There is only 50 ft. of paving, it should only take one a hour. Public Works Director Kornelie explained, they went had payment for the whole project. He did not feel they a basis. They have gone over their not -to -exceed amount. We have not paid them for that. They have not said they would not do the additional, but City policy Is to not pay till all is done. Councilman Ackerly asked, if we inspect 50 5. ft., will they say we are in violation of the contract? Mr. Kornelie replied, it is possible. He noted they have gone i over the not -to -exceed amount, as the total will not change. Our contract reads they are allowed to go over 20% of the contract date. Councilman Ackerly noted they have to ask " for approval. Mr. Kornelis replied, that is item G-9b. Finance Director Brown explained, the reason this is before Council is, 2 me tinge ago Council directed Administration to investigate making a claim against OceanTech. He did not want to pay them, than make a claim. Councilman Ackerly asked if they were bonded. Mr. Kornelie replied no, just professional liability insurance. Councilmen Wise said he would like to close out the project. We do not have a claim { against the engineer, we approved the plan. f ti MOTIONS Councilmen Wise moved, seconded by Councilwomen Monfor, to 4 provide pay-off to OceenTech pending final receipt of data that to expected. - Finance Director Brown explained, $20,000 payment would be _ holding back 10%. Councilmen Ackerly asked, if we pay them i without the mylsra, etc., we cannot proceed? Mr. Brown replied, we can go ahead. The only thing holding us up is ; _ !� the contractor still hoe jurisdiction. The contractor has possible claim regarding the utility hold-ups. - - - Motion passed by unanimous consent. ; �. 3+ !: G-9b Request for Additional Compensation t• Councilmen Ackerly asked if Administration recommended extension. Public Works Director Kornelie replied no, they ; �•" i are considering withdrawal, but they have not done it. When We have �• we asked for design proposal, there were 2 projects. 4 2 engineers set mates. They have combined businesses end it have 1 inspector. S. Spruce people are not OceanTech. We li�v i. IF Lz- �_ { KENAI CITY COUNCIL SEPT. 1, 1986 Page 13 - to not closing it oul. Councilmen Wise asked why Council j duet received it and it was dated July 9. Mr. Kornelie 1 explained, he thought they were going to withdraw the to him. So he brought it requeat, but they never got back to Council. i ADDED ITEMS Councilmen Wine noted where the curb ends on S. Spruce, it appears the rest of the road is going to erode. Public Director Kornelie said he her noticed it and it is a ! Works concern. There is a catch basin on the hill, it is on the t! plane. We will probably have to put case pool rock there. I k Councilman Ackerly asked, whop will S. Strawberry Rd. be .� .� reedy for bid? Mr. Kornelie replied, 1-1/2 weeks. Councilman Ackerly noted, the main road on Kenaitse Ct. is 'S.. 40 ft. wide, that was not in the design. ' Council took no action. G-10 Olga. - Shore Fishery Leese - Jewel Machen Atty. Rogers said he does not know if his memo reached Mg. Machen, but that does not change this. There is other Council has renewed leases in the .` interest in the lease. past, but within the term of the lease. Councilwomen Monfor asked if someone was leasing this. Answer - yes. PUBLIC COMMENTs a. Randy Cannedy. There is a letter submitted to the .. �. City. His family has fished there for 8 years. The portion next to hie original lease has never been leased. He has permits end gear and is currently - y fishing the site. Atty. Rogere explained, his bid. the recommendation is to go up for competitive Cannedy's were not in contract with the City. eats he had. Councilwomen Monfor asked how many outside Mr. Cannedy replied, 2 beach nets. He hoe spent hie life fishing there. What determined ownership with the :lt State was grandfather rights and fishing there 4 years. When he acquired hie site from the State he had fished 4 periods in the previous year. He asked that it not ,u be put out for open bid. Councilwomen Monfor asked Mr. Cannedy if he rub -leased the sites when Mo. Machen had }- them. Answer - no. Councilwoman Monfor asked Mr. had not re -leased. Mr. Cannedy Cannedy if he knew she replied yes, he come the day after the time was out. He was not notified till this Spring. Councilwomen be in line with the State {, Monfor said the City should on shore fishery leases. Whoever has a permit has to have a shore fishery lease in the exact same name. City owned City Manager Brighton noted every S years and lensed land Is re-eppreiaed and the people must pay that amount. This is a valuable piece of property and the City her never received the value. This wee S, leased to Me. Machen. If Me. Machen wants it beck, We should go there is a competitive method to lease. out to bid and get the best bid for the City. can a shore lease h Councilwomen Monfor noted you get from the State for $60 to :100, ours is $40. We know or the potential income of lasses. How ace you going to fishery? Mr. Brighton - 1 evaluate the value of a shore replied, the same way you determine real estate. The ;.E one who comes in with the most advantageoue offer ie Councilwoman Monfor Said theca is is the one we take. discrimination if you cent from the State foe a small 7 "71 KENAI CITY COUNCIL SEPT. 3, 1966 Pape 14 amount, but • large amount from the City. Mr. Brighton replied, the lease Is voluntary. Mr. Connady asked if grandfather rights were taken into oonalderetion. Arty. Rogers replied no. Councilman Wise said when the tidelands were added to the City by the State, the leases that existed were honored at the current rate. They have been extended as long as the lessee continued to renew, at $40. They will continue to extend if they keep current. in this situation they did not keep current. They were given every opportunity. They failed to do so and it is lost. Mr. Cennedy said, in lessee not taken out by the City, it was let come, let served. Atty. Rogers replied, shore fishery leases were only leases currently under lease for renewal. Council decided to renew in 10 years while the lease was still current. Councilwoman Monfor noted if they do not have a Cook Inlet set net permit for the soot aide they can have the lend but cannot fish. Mr. Cennedy asked if going out to bid is City low. Atty. Rogers replied, it is up to Council. Councilwomen Monfor asked Mr. Connady if he has paid the leasing fee every year. Answer - yea. Councilwomen Monfor asked, with the understanding it was current? . Connady Mr replied, it wag paid to a man in Kodiak. Councilwoman Monfor noted one permit le for 3 nets, he fishes 2. Mr. Cennedy explained, Me. Meehan sold the permit to the men in Kodiak. Councilwoman Nonfat said when the State deeded over tidelands to the City, they did not envision the City going out to bid. Councilwoman Bailie asked if Mr. Connady had contacted Admin. Aset. Geratlauer to lease this. Answer - yell. Councilwoman Bailie asked, if this goes out to bid, does he have a right to meet high bid? Answer - no. City Manager Brighton said these lands are very valuable. Title is In the City. From a City and a taxpayer viewpoint, we are subsidizing valuable property. Councilwomen Monfor noted the taxpayers are subsidizing property used 6 months per year. We do not do anything for them. Councilman Wise noted by State policy set net permits must be the same name all shore fishery. He asked if we can determine the status of our shore fisheries and if we are in compliance with the State. i. They re b. Ruby fishermen efrom r1949 toabore r1956- you had awlbeach ease from the State. When the City got the tidelands, people on the beach leaeed fish sites. Their permit le tied to the fish site. Those people have been fishing there ever since there has been a shore fishery. You cannot charge one more then another. You could charge a penalty and not put it out to bid. When this let a tatted, the City was told to put up the same all State Issues. Councilman Hall said on land leases, if we have property available, if someone comes in to lease, we do not go out to competitive bid. If another one comes in, then it goes to Council. It has been on a let -come, let -served beeis. Atty. Rogers noted there are 2 people interested now. City Manager Brighton eeid, there is no "pacific price, it depends on an appraisal. Atty. Roger: added, at fair market value. Councilwomen Monfor asked how it would be appraised. City Manager Brighton replied, the appraisers use their own judgement. Vice Mayor Measles eeid the Cennedy permit specifies this Elite, there cannot be another permit issued. If another gets the site, neither can fish. Mr. Brighton asked, how did he get the permit without a lease? Councilwoman Monfor replied, he can rub -levee- Mr. Cennedy Bold he got the original permit by the point system. L '1 r :Y �i r 11i a.: 1. C J U KENAI CITY COUNCIL SEPT. 3, 1986 Page 15 a. Waldo Coyles Barabara Dr., Kenai. He fished 1949 on the beach. Originally anybody that set on the beach and got there let got it for the season. When the State started, in order to get stability, they decided to lease shore sites because no one has exclusive rights to fish. They belong to all the people. You earned the right by fishing a certain number of years. The lease came along with the shore lease. If you do this you will go back to whet it was when there was violence. It is only useful for setting net. MOTIONs Councilwoman Monfor moved, seconded by Councilwoman Bailie, to go ahead and Inane the site to Cannedy's at the going State rate of $60 for 2 sites, $120 for 3 sites. VOTE (Passed): Yeat Bailie, Hall, Measles, Monfor Not Wise, Ackerly H. REPORTS H-1 City Manager City Manager Brighton spoke. a. He will defer to Airport Manager Ernst regarding the airport situation. b. Councilwomen Bailie asked if Council could add to the work session agenda (Sept. 9, 1986) - Redetermination of leased lands - Classification Study Council agreed to the request. H-2 Attorney Atty. Rogers spoke. a. He referred to the memo in the packet regarding mandatory water hook ups (item H-2). b. He referred to the memo in the packet regarding Runway Lounge insurance/rent reduction. This will be on the Sept. 17 Council agenda. He would ask that action be retroactive to Sept. 3. c. He referred to the memo in the packet regarding C. Gintoli - automated flight service station/insurance requirements. Mr. Gintoli said his insurance expired Aug. 31. He will keep doing the work till Council tells him otherwise. He requeeted discussing this at the Sept. 17 meeting. Council agreed to the request. H-3 Mayor None H-4 City Clerk Clerk Whelan spoke. s. She reminded the Council of the work session Sept. 9. b. Councilwoman Bailie asked if the appointment to the Beautification Committee has been made. Clerk Whelan replied, the Mayor is aware of the vacancy. L L KENAI CITY COUNCIL SEPT. 3, 1966 Page 16 c. Councilwoman Bailie asked about the secretary for commissions and committees. Clerk Whelan replied, they see working on it. Atty. Rogers explained he Is working on the contract. H-5 Finance Director Finance Director Brown noted the memo in packet regarding the cloasification plan (item H-5). He asked Council to review it. He will not be at the Sept. 9 work session, but will have a representative there. H-6 Planning 6 Zoning None H-7 Harbor Commission None H-B Recreation Commission None H-9 Library Commission None I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ;. Ozzie Osborne, Kenai. Regarding the shore fishery lease just approved. He is not sure this was right. It is a new lease, there are procedures the City should go through. We are setting a precedent with a set price instead of appraised price. We cannot do this with lands. b. Councilman Ackerly. He asked that an ordinance be prepared to submit to the voters at the next election regarding reconsideration of the APOC requirements. C. Councilman Ackerly. Will we be removing all the asphalt on Airport Way? Public Works Director Kornelia replied no, we will be overlaying the old. d. Councilman Ackerly. He suggested a letter be sent thanking the Elko Club for their donation to the Rae Center. e. Councilmen Ackerly. The sophomore class at the high school has asked to use a City building between Sept. 9 and Sept. 20 to prepare their float for Homecoming. He noted the warm storage building was not cleaned up last year. Ha will pereonally guarantee it this year. City Manager Brighton replied, there will be a building available. f. Councilwoman Bailie. She asked for an up -date on the triangle park at the airport. Public Work; Director Kornells replied, the contract requires contour work, no landscaping. It will be according to C. Gintoli's plan. Carmen Gintoli reported, the contractor will not !_ be able to do contouring without logs. Mr. Kornelis explained, there will not be any loge. It will be Shaped for logs in the future. �. ADJOURNMENT: r { ;i Meeting adjourned at 1/:35 PM. All s(!- }>, Janet Whalen City Clerk 0 L [a s A, COALITION U N I T E D S E A F O O D A M E R-T C A N I Z A T 1 0 N August 28, 1986 The National Marine Fisheries Service is seeking public t r_ comments regarding industry recommendations to limit foreign fishing and processing in O.S. waters. It is vital that a broad response by the industry is received to further the .a., _.•.- efforts by fishermen and processors to americanize the ; :o fishery, The comments must be in to NMFS by September 25. ,. The recommendations are outlined in the attached NMFS j docket. The highlights of the proposals area �! 1) To give American harvesters first priority to the - resource in the FCZ and to restrict foreign joint venture I vessels from operating near domestic processing facilities. This would take place by giving O.S. processors first acceas to specific resources by enforcing time and area closures in areas of high resource concentration for foreign joint venture operations. i •s 2) To limit the importation into the O.S. of products produced by the foreign joint ventures if the product is I available from O.S. producers. + 3) To further encourage foreign operators and nations :f to purchase O.S. produced products as a condition of obtaining a foreign fishing or processing permit in U.S. waters. a I% LIU. U.S. government adopts ihase•proposals it would Provide a much needed stimulus to greater U.S. participation Pin the harvest of our resources* iA it is estimated that O.S. fishermen would make about $370 i--- - -- - million annually if they harvested all the groundfish t +- -- available in the North Pacific, currently O.S. fishermen make about one fourth of that from joint venture operations. If the U.S. industry processed the North Pacific groundfiuh - - - -- - -- .,s the wholesale value to American companies is estimated to be } r $1.2 to $2 billion dollars. Much of this value would support U.S. labor and help stabilize the entire O.S. seafood industry.-------------- I 1 175 S. FRANKLIN ST., #312. JUNEAU, ALASKA 99801, (907) 586.3105 ��• } 1 ie j: i �• f • l� I� :t # :1 t'E n �l Please, write to NMFS supporting the proposed regulations. Mail your response to: Fred Bilik Permits Division National Marine Fisheries Service F--M 12 Room 906 Washington, D.C. 20235 and mail a copy of your response to the USA Coalition, 119 Seward Street #7, Juneau, Alaska 99801. (Please note new address.) If you have any questions please contact me right away. Sincerel , E E olm enc. 1 P 1 k I 9 1 I t 1 I I 1 1 i I • 1 1 . % N Billing Code 3510-22 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 611 [Docket No. 60739-6139] AGENCY: National Marine Fisheries Service, NOAA, Commerce. ACTION: Advance Notice of Proposed Rulemaking. SUMMARY: The National Marine Fisheries Service (NMFS) is seeking information on whether changes in foreign fishing permit conditions and restrictions are necessary and appropriate to protect the interests of the U.S. fishing industry. Written comments are invited and provide an opportunity for the public to participate in developing this information. NMFS will review information received to determine if changes should be made in foreign fishing permits, and determine the changes which would be consistent with existing provisions of the Magnuson Fishery Conservation and Management Act. DATES: Written comments must be received by NMFS on or before (insert 45 days after publication in the FR.) L T a" I 1 1,. R js �11 i to �e 1 - to -ADDRESSES: Send written comments'.to Fees, Permits, and Regulation Division, F/M12, National Marine Fisheries Service, Suite 900 I i Washington, D.C. 20235. i i FOR FURTHER INFORMATION CONTACT: Alfred J. Bilik, NMFS, 202-673-5315. SUPPLEMENTARY INFORMATION: Background Section 204(b)(7) of the Magnuson Fitshery Conservation and F Management Act (Magnuson Act) requires that the Secretary establish,, - conditions and restrictions in each foreign fishing permit. Section 204(b)(7) reads as follows: "(7) ESTABLISHMENT OF CONDITIONS AND RESTRICTIONS. -- The 1 Secretary shall establish conditions and restrictions which shall t i be included in each permit issued pursuant to any application i approved under paragraph (6) and which must be Implied with by the owner or operator of the fishing vessel for which the permit is issued. Such conditions and restrictions shall include the following: ; . i "(A) All of the requirements of any applicable fishery management plan, or preliminary fishery management plan, i 1 - s 1 .L l._ Iwo" and the regulations promulgated to implement any such plan. "(B) The requirement that no permit may be used by any vessel other than the fishing vessel for which it is issued. "(C) The requirements described in section 201(c)(1). (2). and (3). "(0) If the permit is issued other than pursuant to an application approved under paragraph (6)(B), the restriction that the foreign fishing vessel may not receive at sea United States harvested fish from vessels of the United States. "(E) If the permit is issued pursuant to an application approved under paragraph (6)(B), the maximum amount or tonnage of United States harvested fish which may be received at sea from vessels of the United States. "(F) Any other condition and restriction related to fishery conservation and management which the Secretary prescribes as necessary and appropriate." Section 204(b)(6) covers approval of foreign applications and paragraph (6)(B) specifically pertains to applications to receive L I t. 4' U L. i �t J I =t • t or 6. fish at sea from U.S. vessels. The reference to paragraphs (1), { Me and (3) of 201(C) incorporates the requirements of the f Governing International Fisheries Agreement as conditions of a { permit. Conditions and restrictions described in paragraphs i W-(D) of section 204(b)(7) are transmitted to each fishing nation prior to issuing a permit for vessels of that nation in a calendar year, and each nation must provide written agreement that its vessels will abide by these conditions and restrictions while fishing during that calendar year. j The remaining paragraphs have been the matters which stimulate wide ranging discussions and interpretations. In prescribing necessary and appropriate conditions and restrictions under paragraphs (E) and (F), the Secretary considers recommendations on each application provided by the appropriate Regional Fishery Management Councils (Councils), public comments, and also views of the Department of State and the Coast Guard. The opinions expressed to date on the range of conditions and restrictions which should be applied under paragraphs (E) and (F) mainly favor their use to control the operations of foreign vessels receiving U.S. harvested fish (joint venture vessels). However, if NOAA were to apply the favored conditions and restrictions, a result would be indirect restriction on the operations of U.S. fishing vessels through provisions of the Magnuson Act which specifically address only foreign fishing. e LL .1 t Certain restrictions have been applied to foreign vessels to J, `1 protect the national security, and such restrictions are currently authorized by the foreign fishing regulations. No similar provision exists in the regulations for achieving broad economic -- objectives. Thus, NOAA believes this issue must be thoroughly -,' discussed with the U.S. fishing industry. The following represent the types of foreign fishing _ conditions and restrictions recommended to NOAA. 4 Restrict foreign joint venture vessels from operating near domestic shoreside fish processing plants by applying area and time closures, or not approving joint h _ ? ventures in certain fisheries which are otherwise available for joint ventures under Section 204 (b)(6). A. 14.Al Terminate a country's or a foreign company's joint venture fishery if that nation or foreign company does not actively try to receive fish or fails to receive fish from U.S. fishermen in the amounts or at the rates proposed in its application. Terminate a joint venture fishery or directed fishery if a foreign operator or nation does not initiate, consummate or maintain purchases of shoresidd fish products at specified levels, or.in the amounts . L discussed at the time the foreign fishing application was considered by the concerned Regional Council. Require that any product from a joint venture fishery or directed fishery not reenter the United States if it is also available from domestic processors. Require a foreign fishing company to post a bond to guarantee payment of a court judgment to satisfy d contractual business agreement with a U.S. party. Allocate portions of the U.S. harvest to foreign joint venture vessels in direct relation to the amounts of fish purchased ashore. Impose equalization fees on foreign vessels processing. in the EEZ fish received from domestic harvesting vessels. w .� Congress has considered whether the Magnuson Act, including the subject provisions of Section 2040 should be amended. Many members of the U.S. fishing industry expressed their views to Congress that 204(b)(7)(F) should be expanded or clarified specifically to allow the Secretary to impose conditions and restrictions on foreign fishing permits based on general economic considerations which would benefit.the U.S. industry.. Although it I - L L has not amended Section 204, it is possible that the Congress may i address this issue in the future. 1 In order to assess current views on appropriate and necessary conditions and restrictions which might be applied under the Magnuson Act, NOAA offers this opportunity for the public to _ provide views and information on such conditions and restrictions and the objectives to be achieved by their application. NOAA also ` { invites comments on the procedures for applying such conditions and ` restrictions-- that is, through fishery management plans, an Agency policy statement, general foreign fishing regulationse or some ' other means. Comments are also requested on whether the current FI system of conditioning permits provides for adequate management of 1 foreign fishing. NOAA will share these comments with Regional Councils which make recommendations on foreign fishing - _ I applications. It will then review the information derived through { . this notice, and where appropriate, consider whether future decisions on foreign fishing permits should include such conditions and restrictions. NOAA may propose regulations or issue a policy statement to clarify the position of the Agency on such conditions { and restrictions if warranted. ,. r - Date : _. - - - - - --- c . o� FRANK H. MURKOWSKI MAI OIWMAAKcowxt1M ON VITMAM AlMM ODMMIREt ON "War AND NAIUAKAI800 M -.— COIMARMONFORION r"MONI Stu= OONYRRI ON MA" AMRS tQIOtOONNNIM oNwn uNtoal "i f • ij - a la tit s 0sates AMU WASHINGTON, DC 20510 The Honorable Thomas Wagoner Mayor City of Kenai 210 Fidalgo Kenai, Alaska 99611 August 19,�8b't^�';�', ZI F..,. -a /AINMNN:OFM 101 1IINAVINULBOX , JUMM OWAX MvA suiLDINO. BM IIR a0Afµ1400 Dear Tom: Now that the fishing is just about over, I thought you might have some time to hear about some of the major fisheries issues I'm working on: FOREIGN INTERCEPTION: Illegal high seas salmon interception continues despite assurances by Japan and Taiwan that their fishermen will obey the agreements we've worked out. The recent seizure of a half 1 million pounds of frozen chum salmon on its way from Taiwan to Japan by National Marine Fisheries agents was unbelievable and Insulting in light of efforts we went through last year to reach an agreement designed to eliminate salmon interception. I've asked the President to embargo Taiwanese fishery exports to the U.S. as a consequence of this blatant disregard of our agreement. Likewise, Japan appears to have little control over its fishermen, as evidenced by the June 27 sighting by the Coast Guard of 10 Japanese gillnet boats fishing out-of-bounds. I've demanded that our State Department get tough and I'm going to keep the pressure on. To improve our effort to catch and prosecute foreign poachers, I am working with the Coast Guard, the National Marine Fisheries Service, and the U.S. intelligence agencies to determine the possibility of using passive satellite surveillance in the war against illegal poachers. We have impressive Intelligence gathering capabilities, and I believe the time has come to put that capability to work for the benefit our industry. SALMON TREATY/ENHANCEMENT EFFORT The Senate is likely to recommend full funding for the Salmon enhancement programs we worked out in the Pacific Salmon treaty between the U.S. and Canada. We worked 15 years for a Salmon Treaty, and I spearheaded the drive in the Senate to get it ratified. I intend to do all I can to see that the enhancement programs envisioned by the treaty are funded. Lr 1� 3OL r - The Honorable Thomas Wagoner August 19, 1986 Page 2 RESOLVING CONFLICTS W I am closely monitoring the continuing controversy over byoatch and gear conflicts, and I stand ready to work at resolving conflicts at the federal level. I have always maintained that the established traditional fisheries must be protected from destabilizing forces when possible. New fisheries must develop in a manner that minimizes the conflicts and disruptions. MARKETING We must establish and maintain a strong presence in our markets and an aggressive attitude toward marketing. I am supporting efforts to promote domestic seafood consumption through national and regional marketing councils. As the Chairman of the Senate Veterans' Affairs Committee, I have Initiated a promotion program with the Veterans Administration to encourage the increased consumption of seafood in the 170 veterans hospitals aoross the nation. Our export markets need tending as well, and I have joined In efforts to have our U.S. Trade Representative investigate unfair trade practices by Japan and Canada. Alaska's seafood Industry will become increasingly involved in foreign trade, and we must be prepared to fight hard for our share of the market. RESEARCH To reach its full potential, the industry must have the benefit of applied research directed at fishing, processing and marketing. Basic research on the oceanographic and atmospheric forces affecting Alaska fisheries need greater attention. I'm pleased that the Arctic Research Commission, created by legislation I authored in 1984, has reoognized that oceans research, particularly as it relates to fisheries, should be the nation's top research priority in the Arctic and Subarotio. I've enclosed a recent article on that subject for your oonsideration. Fisheries will continue to be a vital and strong factor in Alaska's economy. As I continue my efforts on behalf of a healthy fishing industry in Alaska, I'll look forward to hearing your comments and suggestions on ways to make the future of our Industry as bright as it can be. '•� Sincerely, . ... .. J' Frank H Murkowski United States Senator L r. F ' l September 17, 1986 Honorable Mayor & Council Members: i As Owners/Operators of the Runway Lounge we are requesting your assistance at this time by way of a reduction in rent in our current three year lease at the Kenai Municipal Airport. The original lease rate was bid according to operating expenses and earnings of past lounges located at the airport, along with what we felt to be reasonable projected increases. Also taken into consideration at that time was our ability to eliminate the expense of hiring a salaried manager due to our willingness to each contribute 40 hours per week to the business, in an effort to secure full time employment. Our inexperience as business owners did cause us to overbid, however, we could not have predicted insurance rates tripling or the present down trend of the economy with which we are all being faced. Although the Runway bid was more than double the next iUwesit bids, we have maintained operations on a timely basis up to this time and with gained experience we make our request. The term of the three year lease will expire the last day of August, 1987. The lease rate is currently $4,100. per month of $3.53 per square foot. The city retains a security deposit in the amount of $8,200. or, more specifically, the last two months rent. . Therefore, we request! Council's approval to reduce this amount to $2,600. per month or $2.24 per square foot for a ten (10) month period of September, 1986 through June, 1987. The city will retain the deposit amount of $4,100. for July, 1987 and $4,100. for August, 1987. We can assure Council that this modification will enable us to fulfill obligations for insurance premiums while maintaining the Runway Lounge at the airport as it exists. If the contract were not to be modified it would not be feasible for the Runway Partnership to keep the Lounge in operation. However, we do realize our obligation to pay rent for the.full term of the.lease. As homeowners and long time Kenai residents we feel there has been a cooperative working relationship with the city since the lease originated in 1984. Based on a strong belief for community involvement the Runway has contributed to such benefits as the A.P.I. Scholarship Program, Boy Scounts of America, Kenai Shrine Club, Alaska Peace Officers Association and others by working at fund raisers and donating 100% of the profits for each agency. i Kenai City Council September 17, 1986 5 Page 2 ! I _ f The Runway has also sponsored various events receiving awards for its mens softball team, hockey, bowling and dart team participation. f We feel that our establishment is looked upon favorably by many including those travelers who may only visit with us briefly, and we are seeking _.._ your approval so that we may continue to serve as a business in our community. ! { Thank you for your consideration. t ! Sincerely, t 4, Sandra Daniels r '7 Rene Daniels 1 .: i fff • i li , .- A. --•--. ..-_ .._- ...-_.. _A al g - tfE .i 0 CITY OF KENAI 210 FIDAL00 KENAI, ALASKA 09611 TELEPMONE263.M5 MEMORANDUM TO: Councilmembers .l C_ y of Kenai z.._ m Rogers, City Attorney Kenai of DATE: September 3, 1986 t .��,..-._ RE: Runway Lounge Insurance/Rent Reduction The Runway Lounge has requested a reduction in their lease rate. a - They have also requested that in the alternative, their insurance be underwritten by the City . Apparently the basis for these requests is that their liability insurance has become quite ,- expensive and the resultant downturn in the general economy of :�. the area has lessened profits. x INSURANCE KMC 21.20.270(a)(2) requires that a lessee of the City airport I lands have liquor liability "where applicable." It would seem that no place would be more applicable than the Runway Lounge. j•- Because the Code section does ncit sperifically get out what is applicebl.e, .it .is-pr(Isumptively within the discra"-ioll Jf tt,� :'ouneil tD det�tcminr. ware such liquor liability would be Council wanted Lo delete t if Vic Council } applicable. Accord inyly, insurance requirement, it would probably not ba a vioiLtion of - the City Code. Underwriting or paying for the Runway Lounge's insurance is Council may want to - -- --=- another matter. One policy consideration the would have on the +? ;, examine is what effect paying their insurance City's own insurance policy. Increasingly, it has become 1 p . 1 '�r apparent that lessees and other recipients of government largesse r in general, are moving towards a policy of getting out from under �� °• ! 1 insurance requirements and at the same time, transferring the burden of the insurance to the individual municipalities. s { Finally, the most important aspect of paying a lessee's insurance is that the City should treat all the lessees the some. If the Council eats a precedent by paying insurance for a high 'r visibility liability area such as the Runway Lounge, it would ' ti seem that the other lessees would be clamoring immediately for z' 3 underwriting of all their insurance requirements. While we can - " certainly sympathize with the economic trends and how they have treated the Runway Lounge, we are not dealing with passive lessees who are simply sitting on properties for speculative purposes; i.e. lessees with limited liability problems. What the ' City is dealing with here is a bar and all the attendant liability that attaches to such7 an enterprise. This department strongly urges the Council not to take a possible ti precedent -setting action and assume the lessee's insurance burden. RENT REDUCTION r The request for rent reduction is not without problems. This lease was originally let pursuant to an RFP and resultant bids. Apparently the Runway Lounge overbid the lease. The situation is k very similar to any contractor bidding on a public works contract. If the City so chooses, the lessee can be held to the terms of the lease. Me. Daniel's suggestion that they might close would not relieve them of their obligation to pay the rent for the term of the lease. As a general rule, a contract is subject to modification with the consent of all parties, and usually a city council has the power, with t-he consent -of the other party, to modify a municipal _.f.- er>,bract- proviout:ly entered into so sn to bind the municipality. 3 tSr,Q�izhlin, �Ipilicipal Coruorations, §29.12i and cif-ations , contained thsr«ii;. Although there is somo contrary authority, it j is generally held that a'.new consideration io not necessary to support a modification. id ® 552. Further, the contract as - modified should conform to the law and should constitute a proper -�-` -- - -` - exercise of the reserved power to modify without .fraud or r. misdealing. t' The initial point of inquiry is consideration. While no j i considerst-ion is generally required, a reviewing court could find f consideration for the modification. In this case, we had a _... 2 r 1 i Y 1 1 i previous lessee which caused the City problems. These problems have largely been cured by the present lessee and it would not be unfair to suggest that the Runway Lounge as it exists, is an asset to the airport terminal. Further, the Finance Department indicates that while there have been lapses in rent payments, all arrearages have been dealt with in an expeditious manner. The Legal Department has dealt with the bar owners several times over the course of the lease and found them cooperative. Finally, it can be said that the City has a vested interest in keeping a lessee and avoiding turnover. All this is to say that the additional benefits of keeping the Runway Lounge at the airport through a downturn in the economy can be seen as adequate consideration for a lease modification. If the contract were modified soon after the award of the bid, the issues of fraud or misleading actions or favortism could be raised. However, in this case, the bid was awarded some time ago and changed circumstances could warrant a modification. Because there would be no appearance of impropriety (or actual impropriety) and all other conditions for modification could be met, such modification would be permissible. This conclusion is not arrived at without some hesitance though. The Council should keep in mind that there was another bidder for the Lounge lease and in fairness to these bidders, the history of the bid proceedings might be useful to review in arriving at an appropriate modification of the lease rate. Don Aase was the second -highest bidder with $2,019.00 per month as the proposed lease rate. This works out to about $1.74 per square foot. The current lessee is paying $3.53 per month and for comparison, the Concorde Restaurant is paying $.54 per month per square foot. Mr. Asse's bid was certainly within the bounds of a reasonable bid. While Mr. Aase does not have a likely cause of action against the City if the Council did modify the contract, lowering the rent below his initial bid raises questions of whether or not:the City should perhaps allow the runway Lounge a resciesion•and.•re-bid.•the property. Given the economy., it is -.unlikely that. -;we -Would cebeitre a better bid. Accordingly, I am recommending that a modifi.r.ation iv legally permissible and within the discretion of -the Council. The Council may, however, want to think hard about just how much of a modification is in order. R/clf 3 L L OWN _ Kenai Peninsula 907,283.4067 1'- fi Zenith 4067 INSURANCE SERVICESP.O. BOX S085 KENAI, ALASKA "611 A 9-17-86 RUNWAY LIQUORS, A PARTNERSHIP, DBA ' RUNWAY LOUNGE P.O.BOX 1285 KENAI, ALASKA 99611 -r .. RE: INSURANCE PREMIUMS DEAR MS. DANIELS PURSUJlgNT TO YOUR REQUEST, THE FOLLOWING SHOULD GIVE YOU THE INFORMATION THAT YOU NEED TO PRESENT YOUR CASE TO THE CITY COUNCIL. ORIGINALLY IN AUGUST OF 1984 YOU ONLY HAD TO PURCHASE TWO POLICIES TO COMPLY - WITH THE INSURANCE PORTIONS OF YOUR CONTRACT. THEY WERE; ' PACKAGE POLICY , WHICH INCLUDED LIABILITY AND FIRE COVERAGES ---------------- $ 3,355.00 WORKERS COMPENSATION POLICY -------------- -----------------------------------$ 873.00 TOTAL 4,228.00 AS YOU KNOW THE PREMIUMS HAVE INCREASED DRAMATICALLY. THE PRICES HAVE RAISED TO THE FOLLOWING: GENERAL LIABILITY POLICY --------------------------------------------------- $ 79224.88 LIQUOR LIABILITY ------------------------------------ ----------------------- $ 5,452.72 FIREPOLICY ------------------------------------------------------- ---------$ 1,872.00 WORKERS COMPENSATION POLICY ------------------------------------------- — --- $ 433.00 TOTAL $ 14,982.60 r� THIS IS A 354% INCREASE OVER THE LAST TWO YEARS. 1 IF I CAN BE OF ANY FURTHER HELP , PLEASE DON'T HESITATE TO CALL. J'Q SINCERLY ---. -- - - . / OHN CATHCART l/ . 4 , F-� CITY OF KENAI j Z/0 ROALOO KENAI, ALASKA 9MI - -- TELEPHONE M 7535 j MEMORANDUM TO: Councilmembers City of Kenai FROM im Rogers, City Attorney City of Kenai DATE: September 3, 1986 RE: Carmen Vincent Gintoli - Automated Flight Service 1 ! Station/Insurance Requirements j i Council has requested review of the contract with Carmen Vincent i Gintoli, Architect, for design and inspection of the Flight Service Station. Mr. Gintoli has requested that the Council waive any requirements of malpractice insurance on the project for himself. Can the City delete the requirement of malpractice insurance? 1 The answer is "yes." Paragraph 1.1.8 of the agreement provides that, "The architect shall secure and maintain such insurance as will protect him and -the City es a named insured from all claims t,nder the Workman's Compensati:;n *:Ls and from claims for bodily injury, deeth, or property damage, ar well as n,iy act, error, o-! omission of the architect, his agents or employees, which may arise from the performance of his services under this agreement." - - - The minimum limits of coverage as to malpractice (professional liability errors and omissiona) is $1 million. The agreement is a fairly iron -clad agreement and if the Council chose not to amend the contract, it is our position that Mr. Gintoli would be in default if he failed to secure the } ik i i .. r i L L 1 } appropriate insurance. There appears to be nothing within the contract which would preclude a written amendment to the contract } k' deleting the insurance requirement as to professional services. 4._ 4 Further, under Alaska Statute, Title 8, Chapter 48, there appears to be no prohibition against the architect performing services f without malpractice insurance. This is also true under the i Architect's Code of Professional Ethics (12 AAC 36.200), and `- j under the Public Contract Law provisions of the Alaska Statutes. As an alternative to the insurance requirements, the Council could request that Mr. Gintoli post a bond. To give the Council t; an idea of the enormous liability which the City could }; possibly face as a result of negligence on the part of a design I'. professional, I have attached an article which concerns the i increasing exposure of design professionals; architect/engineers !` K _ (A/E's). The attached article makes it very clear that financial exposure r; of architect/engineer's and owners has been moving toward a {;• strict liability standard in some instances. If the City were k, held to a higher standard, such as strict liability, there would '. be a resultant increase in possible liability. `�. In regard to architects, the law places the owner in a unique and ° rather unfavorable position with respect to the architect/engineer. The architect/engineer is hired by the owner based on representations of expertise. The architect/engineer prepares the plans and specifications and delivers them to the owner, who puts them out to public bid. As a matter of law, the owner at that moment impliedly warrants the sufficiency of the plans and specifications to the contractor. See, J.O. Hedin 235 (1965); Nold v. King i. Construction v. United States, 347 F.2d ! County, 65 Wash.2d 817, 399 P.2d 611 (1965). In most cases, there is not a comparable warranty from the ` architect/engineer to the owner. In most cases, the law imposes a lesser standard on the Architect/engineer,. the negligence { standard .of reason. -Able care (citations uwttted). IL is rrA surprising therefore,•that ownora ca►r find themsel defonding claim& based on defective plans, anc 9FleciFicuticjls, ,contractor's with no acknowledgement of responsibility by the architect/engineer. See, Representing the Municipal Corporation ._....___.._.__......-' In Large Capital Pr ects,--A-BA--Section on Contract Law, Seminar No. 27901 at - he message is clear, given the increased number of claims th a has been a re ultent increase in insurance premiums. In essence, just because architect/engineer 2 L the architect/engineer has been let off the hook, does not mean that the contractors and/or other potential litigants will not look to the city for indemnity. Another concern which might be expressed is whether the deletion of Mr. Gintoli's insurance requirements will result in a concomitant increase in the City of Kenai's insurance rates. TR/clf Attachment 1 � i THE INCREASING EXPOSURE OF THE DESIGN PROFESSIONAL PART I Examining the Potential Liability of the Archltect/Englnser During Design and Construction With increasing regularity, lawsuits against design professionals are becom- ing commonplace. They range from per- sonal injury actions to suits by property owners for breach of contract. They also Include economic loss actions by contrac• tons, which involve the largest potential amounts and which call Into question an architect's or engineer's accountability to third parties. As noted in Figure 1, these new lines of potential liability were once almost categorically denied. This feature article, the first of a two-part series, fo- cuses on the developing and emerging trend in archftect/engineer (AZ liability. At the outset, it is important to recog- nize those areas for which architects and engineers on a building project have tra- ditionally been responsible: e Preparation of plans and specifica- _ tions e Designation of construction mate - data (and substitutes) • Estimates of construction costs Owner FINANCIAL.EXPOSURE BARRED t Prime t Prime Contractor Contractor • Shop drawing review • The allegation that an AIE deals In • On -site supervision e Inspection at all phases of construc- an exact science and, therefore, ex- ig results can and should be ex - *in petted, and Standard of A/Ve Liability • The allegation that the preparation of The traditional standard applied to the a detailed design drawing is no dif- performance of an architect or engineer ferent than the production of goods. is due care. Liability is based on negli- Since the latter is governed under gene; I.e.. performing at less than a strict liability standards, why should reasonable standard level of due care. not the former be also? Heretofore. architects and engineers have The recent decision in Tamarac Devel- notbeen held tothe tnuchhigher standard QI?ment Co. v Delamate ;_Freund A !tit strict iiahilit!c,Althougn c, ,Fcd :n a-vic. so.:.., 23-4 Kan. 619, G75W.,d.361 (198a). salt:-s, our• ,s Cslitcrnia, Vh- a; Aint..•ast ,,.3- is a nevi application of str :t•ilaiilil b::'.-'t^ :OtES?i: fill M:rL•'.d. •..; -prt.' -to otessional Ser'n^ea oxformed by ah ductirn of goods has barer:+!Lra.a'.n,ff ar.ttects cr engineers. In Tamara4, the tax Jusively precluded the sipMicroon or atchitectural/zrigineering firm was re- strict liability. tained to surArvise the .,trading construc- There has recently, however been some ton and to check the grades on completion Inroads into the strict liability area. These to ensure their accuracy. After payment Inroads have employed several theories to the grading contractor, it was discov arart that ten much dirt had been re- CM SENT PRIVITY .i ............................... ' Prime Contractor i subcontractor I I Subeontractor moved. and thus the grading did not conform to the specified planned eleva- tfons. The firm was Initially sued for negli- gence. but this cause was barred by a statute of limitations on tort action& The plaintiff then alleged breach of implied warranty (because of a longer limitations period on contract actions). The Supreme Court of Kansas agreed that an action for breach of Implied warranty was proper and held the fir n to a. Iovai of .accuracy' beyond the'ran;onibil strs!to•+ro of care" noted (675 P.2d :a;ft It can rye Sad ct•: taln :+i •"h:.SiO:I- . !^ sucl. a, ooctors and laviyars, are not sub;.ct to such an implied warranty. However. an architect and an engineer stand in much different posture as to insuring a given result than does a doctor or lawyer. The work performed by architects and oondnued on page 3 L L. INCREASING EXPOSURE continued from page t engineers is an exact science; that performed by doctors and lawyers Is not. A person who contracts with an architect or engineer for a build- Ing of a certain size and elevation has a right to expect an exact result. The Tamarac decision suggests a stricter standard of care than is usually applied to architects and engineers. The second front in this thrust of strict liability takes on a UCC (Uniform Commercial Code) flavor. The UCC, which applies to those contracts where the predominant purpose is the sale of goods, establishes several significant warranties: e Implied warranty warrantyress aw f merchantability e Implied warranty of fitness for a par- ticular purpose The question then becomes —does the preparation of a unique design drawing for the one-time construction of an Indi- vidual facility constitute the furnishing of goods? Based on Article 2 of the UCC, which establishes the rules governing sales contracts (e.g.. contracts for materials, equipment and supplies), the rendering of professional services would seem to fall outside the UCC. Numerous decisions seem to support that conclusion. In Allied Properties k John A. Blume 8 Associate Engineers, App. 102 Cal.Rptr. 259 (1972). the architect, Blume, was retained to design a floating structure. The final structure did not perform up to expectations. Despite this, the court held in favor of the architect citing: The services of experts are sought because of their special skill. They have a duty to exercise the ordinary skill and competence of members of their profession, and a failure to discharge that duty will subject them to liability for negligence. Those who hire such person§ are not justified In exuectfng irdallilAity, but carvex- ;r3ct only reasonable care. and Wm- pcetonc:e. They purct iss service, mi insuratwe. In Queenabu Union Free School Dis- trict v. Jim alter Cor oration, 398 N.. 832 1977), an action was brought against the architect due to the failure of the structure to live up to expec- tations, namely the roof leaked subse- quent to construction. The action was dismissed by the court due to a lack of a cause of action since it was held that: (1) warranties created by the Uni- form Commercial Code were not applicable since the architect's con- tract was for professional services and did not involve the sale of goods; (2) because there is no action known to law against an architect for breach In of Implied warranty, and (3) since there is no Implied warranty in con- nection with professional services. there Is no cause of action in strict products liability for damages alleg- edly resulting from negligent perfor- mance of architectural services. In City of Mounds View v H. Walyalvi, 263 N.W.2d 420 (1978), an action was brought against the architect when a building addition experienced excessive moisture problems. The ruling by the court, In favor of the architect, evidently sets forth the majority trend in NE strict liability actions. The court described the question as follows: We have reexamined our case law on the subject of professional services and are not persuaded that the time has yet arrived for the ab- rogation of the traditional rule. Adoption of the city's implied war- ranty theory would in effect Impose strict liability on architects for latent defects In the structures they de- sign. That is, once a court or jury has made the threshold finding that a structure was somehow unfit for Its Intended purpose. liability would be Imposed on the responsible ar- chitect in spite of his diligent appli- cation of state-of-the-art design techniques. If every facet of struc- tural design consisted of little more than the mechanical application of Immutable physical principles, we could accept the rule of strict liabil- Ity which the city proposes. But even in the present state of relative technological enlightenment, the keenest engineering minds can err In their most searching assessment of the natural factors which deter- mine whether structural compo- nents will adequately serve their intended purpose. Until the random element is eliminated in the appli- ,cation of architectural sciences, we think it -fsirer that the purchaser of th&archltK4's services beer the risk of such unforeseeable diffi,:::lties. As in the case of Tamarac, some juris- dictions apparently co not strictly follow the predominant national trends. In Vin- cenzo v Trus Wall Systems. Inc. (a case before the Connecticut Superior Court), a designers attempt to strike a strict liability count was unsuccessful: The court did not accept the de- fendant's argument that a product design is not a product. A product which is defectively designed Is just as dangerous to the user as a prod- uct which is manufactured ... Trus Wall did -manufacture the design it sold to Universal Builders in the sense that It created the design and put it into a form from which the 3 actual product took shape ... the definition of "product* should not be . so narrow as to exclude a design. The impact on the A/E profession, shoufo application of strict liability standards be- come the order of the day, will be severe. Heretofore, liability carriers have ex- pressly excluded from coverage any war- ranties or guarantees of the A/E's performance. Obtaining Insurance cover- age for this new exposure Is unlikely in view of the premiums that would be re- quired. In the end, the owner of the project will ultimately absorb the cost of these premiums (if, indeed, coverage is even attainable) by the adjusted A/E fee struc- ture. The more common measure for deter- mining professional liability is whether a person who is considered by society to be a professional (as indicated by edu- cation, training, licensing and/or experi- ence) has failed, In the rendering of services, to meet the standard of ordinary care and skill that is expected of the average practitioner in the class to which he belongs, acting in the same manner or similar circumstances. Typical of the tra- ditional approach is the recent case of Ingram v. H ward-N edles-Tammen & roendoff, 234 Kan. 289.672 P.2d 1033 (1983). An engineer was under contract to annually inspect the condition or, turnpike bridge. He performed such i spections negligently, a large hole devel- oped on the bridge, and a truck crashed Into the hole and killed the driver. The engineer was held liable for the death. Liability Based on Project Design In most jurisdictions, an architect who Is careless in preparing building plans and documents exposes himself to liability If the plans are defective or deficient, with the proximate result that the building or others are injured, the architect will be liable for damages. Woe that the p-epafatic—i of d9fecNe or deficient dororm-mts in does rur, lead to the atchilecr- ficUlih• Avy Yeti;?ty must stem from his neg;igcnco; i.e.; nc+t performing at a reasonable level of care. An architect may also be liable for in- juries caused by his failure to detect and correct errors in shop drawings. Jaeger v Henninnson. Durham & Richardson, 714 F.2d 773 (8lh Cie. 19831 In Jaeger, the project architect approved the shop drawings 'only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents.' In spite of the fact that the architect did not ackiE design the project and had only a reviet, role, he was held liable. The reason: the mistake in the shop drawing (calling for steel with less strength than that required is continued on pW a L X. n INCREASING EXPOSURE established that: part of the architect or engineer. Substi- -,Qnhrrued hom page 3 • The subengineer knew that the plans tution of building material poses an equal If prepared would be submitted to risk Although many contracts contain a by the project specifications) was so ob- contractors for the purpose of bid• clause that places the duty on the con - vious that it should have been detected ding for the job; tractor to adequately inquire as to the by no more than casual observation. • The subengineer had a duty to pre• sufficiency of the substituted item, a sim- The Jaeoe opinion drew a distinction pare plans in accordance with liar 'duty to Inquire' may expose the at - between design preparation and super- professional standards: chilect or engineer if the substitution proves vising situations on the need for expert • The contractor retied on those plans to be inadequate. testimony to support an allegation of neg- in preparing his bid; Under the standard AIA form agree- ligence. "Negligence -In -preparing actions • The plans were negligently prepared; ments between owners and architects, typically require expert testimony while and the architect agrees to guard the owner negligence4n-supervising actions typi- • As a direct and proximate cause of against defects and deficiencies in the cally come with the 'common knowledge' the negligent plans, the contractor work performed by the contractor. Nu - exception' (714 F2d at 776). suffered economic loss. merous recent cases have focused on the An ardl.'.wel may be liable to an owner Accordingly, the court allowed the con- architect's failure in this regard While it e for. economic, loss stemming from faulty tractor to.msintain the action. standard AIA contract does not require design. In Ace Plumbin.LB Eaatina. Inc. tha.architec:t to perform exhaustive or v:• Helena Fl tsts�eh_ool District 15. 882 Post-@esign Uabi'iry eonthmous on -site inspection, he can P22d-1327 (Mont. 188%. a defect in the Specifying construction materials and nonetheless be deemed negligent it the school's water supply system was found vnriances for substitutions also exposes construction defects were discoverable to be the dined result of the architect's architects and engineers to an element of through a reasonable inspection. in effect, inadequate design. For this reason, the risk In designating permanent materials, the architect may not 'close his eyes' and architect, and not the builder, was respon- the AIE is responsible for ensuring that fail to make any inspections when even a sible for the costa of the necessary mod- the contract plans and specifications minimal effort would have disclosed the Ification of the system. comply with applicable building codes for detective condition. Such an inspection In the course of preparing plans and the areas where the facility will be con- duty takes on even greater import when specifications, the architect's or engi- structed. Failure to do so could well result the architect or engineer is contractually neers newest exposure is in the area of in a ruling of statutory negligence on the required to perform quality control tests. third party economic damages for negli- continued on page B gent preparation. Despite the absence of privity it may be possible for a contractor bring suit directly against an allegedly Figure 2 .4 gligent architect or engineer solely for ag Exposure to Financial 0amages economic damages. The contractor may allege and prove that • The architect or engineer knew that his plans would be the basis for a contractor's bid; • The architect or engineer did not owrrr have indemnity protecting against less than the reasonable standard of care; • The contractor relied on the archi- AS r tect's or engineers plans; 1 • The plans were defective when mea- sured by a reasonable standard of 1 ' Clare; and _ � �r. �.•.,. s.. •.� The contractor's economic loss :tmmWdirectly from the negligent 3M plans. HOBO for economic �E I I loss has progressed to the point of allow- ing a direct action between a subcontrac- L Prim for and the architect or engineer, as well as between a prime contractor and a i subengineer (a Veslgn professional' not-------,-•..,�N»-- Ytl11MINWI111111NNMN,NN in privity with the contractor). Figure 2 is Mush" of the mum -party lawsuit trend sub s ek" Increasingly seen in construction today. I The latter action noted was experienced In Conforti & Eisele Inc. v John C. Morris 176 .Super. 341. 418 A 2d sdTlewr cnwauoa I saOC., � aria ria gun aria tar sus 1290 (1980). The subengineer contracted • - ' ith the 'prime' engineer for the preps- __46n of the mechanical plans. Despite 1lOENO the fact that the contractor and subengi- oO~IWr ce" AM near had several layers of 'privity' insula• haft rWW6 ; ...... a e:i:c �c"�` tion between them, the court nonetheless » N„ •t 6 W PS"+"WM 7 L [E «N.MI I `f INCREASING EXPOSURE INCREASING EXPOSURE were embodied in a recent owner/CM Contract for Construction --Construction Management Edition," as 11901) oentnuedImmp ge4 contract on a project which experienced provides a multi -party construction litigation: lows: Under such circumstances, he would be The CM Consultant shall super- The Construction Manager is the deemed negligent if, in lieu of performing vise the work to be performed by person or organization identified as the required Independent testing, he merely the Contractors through the com- such in the Owner -Contractor relied on externally performed test re- pletlon and shall see to it that the Agreement who is engaged to Man: ports. materials furnished and the work one the construction of the Project, Acceptance of contractual duties and performed are in accordance with and is referred to throughout the responsibilities is exposing architects and the drawings. specifications and Contract Documents as it singular engineers to broader liability. For in- contract documents. in number and masculine in gender. stance, most construction contracts The CM Consultant shall coordl- The term Construction Manager specify procedures for handling 'changes.' atatte, the efforts of all Contractors to means the Construction Manager or The architecd or engineer may be at risk insure that the Project is on sched- his authorized representative. should he circumvent those contractual ule and is well constructed in ac- The Construction Manager will be procedures. Should he direct a contractor cordance with the Contract responsible for schedulin and co- ta perform extra work without following Documents. orninating the Work of all onlrac- -on ti-m contracCs change order provisions. After award of the contrpnts for, Jors Project. he nay be liable for soma or all of'the each Phase, most with all Contract- The Construction Manager will costs of such change. Furthermore, the tors and revise the CPM Programs review and process all applications architect or engineer may owe a duty to as necessary to reflect the detailed for payment by the Contractor, in - the construction contractor to avoid neg- planning of the Contractors within cluding final payment, and make Ilgently-incurred additional expenses. Ad- the established time periods ... recommendations to the Architect dftionally when the A!E acts 'outside the The CM Consultant shall obtain the for certification for their payment contract insurance coverage may be de- approval of every Contractor in- The Construction Manager will nied, volved in each Phase prior to dupli- process all shop drawings and sam- cating and issuing the revised CPM ples from the Contractor to the Ar- Uablllty When Performing as a Construction Manager Programs so that when issued, they properly will be considered to be chitect. These are formidable (and risky) re - Professionals involved In construction the'Contractors' CPM Programs. sponsibilfties. management are experiencing what de- sign professionals first encountered ap- Maintain a full-time construction ggpervlsory and Inspection staff at Bases of We Uabllity Construction managers are under it proximately 20 years ago —lawsuits and claims from every conceivable party. Un- the jobsite for the coordination and supervision of the work of the var- creasingly close scrutiny as they perform fortunately, the dramatic rise In claims has sous Contractors. their responsibilities and duties. A listing been followed by an equally dramatic rise In professional liability insurance premi- Establish and Implement proce- dures for and maintain coordination of these responsibilities can also serve as a listing of the areas in which they are ums. among the State. the Architect. the exposed to potential liability: Although the definition of a construction various Contractors and the CM • Design reviewiconstructibflity1mate- manager (CM) is not always clear, the one commonly followed in the construction Consultant himself with respect to all aspects of the Project. rial selection; • Preparation of cost estimates: Industry has the CM In the capacity of an owners agent. The CM Is a construction Check all shop drawings. corn- posits shop drawings, brochures and • Safety: a Scheduling and coordination of con - professional subject to the some liability standards as other professionals. "Rea- material samples for compliance with the Contract Documents and coor- tractors work activities: • Change order processing: sonable standard of care* establishes the dination with all other related or • Expediting of shop drawings; baseline from which the CM can be ad- affected work. Return to the Con- o Supervision and inspection; and judged to have adhered or failed to meet . thg standurds of ordinary cage and skill tractors all submissions which do riot comply. and/or• are not coordt- n Certification of contractor pa menns. Of the- vnrlour,.mapdnsibHItles, safety which Is dxpeeteO of the average WWI- boner" performing duties In similar cir- nated and check all resubmissions. Supervise and Inspect the work ' and,orordinatiomscheduling appear to lead the trend toward greater liability T his is cumstanc es. of all Contractors until final comple- particularly true on multi -prime contractor But exactly what Is the "reasonable starWard of care' as applied to construct- bon and acceptance of the Project by the State. including a compre- projects. General construction contracts have tion management? The assessment and definition have changed greatly over the hensive final Inspection to ensure that the materials furnished and work traditionally placed the responsibility for jobsite safety onto the contractor. Al. past several years. Third -party actions by performed are In accordance with though this remains true today, the CM owners against CMs have expanded dra- the Contract Documents and that nonetheless can be held liable (at least matically. the work on the Project is progress- jointly with the contractor) in instances in The various parties in the design and construction process are allocating the ing on schedule. These clauses which were actually used which the safety hazard was foreseeable or where safety codes were not enforced. primary risks onto the party often best on a complex project employing multi- A couple of recent appellate decisions able to control and minimize that risk It is prime contracting made the CM vulnera. ble to Illustrate this trend. In Parsons Brinckerhoff Ouade common to see risk allocation clauses in owner/CM agreements: this is particularly risk The American Institute of Architects' Douglas. Inc, v Johnson. 151 Us. 634. evident in agreements where the owner Is a governmental body, such as a munic- Document A201/CM also places consid- arable performance risks on construction 288 S.E.2d 320 (1982). a new rail rapid transit system was being built in Atlanta. Ipality For example, the following clauses managers. Its 'General Conditions of the A workman was injured when the crane coftn ed on page B L J L LRASING EXPOSURE Iron page 8 he was operating stuck a live power line. State safety codes required that power lines+ be de -energized when working In close proximity. The CM was cognizant that the line was live and that the contrac- tor would be working in the area. Because he failed to have the power company do. energize the line and failed to force the contractor to do so. the CM was found to have failed to exercise due care and was held liable. Caldwell v. Bechtel•, Inc., 631 F.2d 989 (D.C.Cir aalsn revolve+ i r&il rapid tramot Co^Struc:liun prejeci. A workman MOW sue( againni the Cik. Cec, usp of dangria.usty high ►evei:> of siiic.- dust in the subway tunnel. The CM has the con- tractual duty to enforce jobsite safety reg- ulations. Because there was a foreseeable health risk due to the high dust levels, the CM was negligent by not taking reason- able steps to prevent the harm. The CM was liable to the workman In a third parry action. Note that the above two decisions con- cerned contractual duties assumed by the construction manager to enforce safety regulations. When this duty is not as - at", contractually by the CM, appar- e, ;there is no implied duty either. See Costae v. DerbV St I Co., 291 Md. 241. 434 A.20 584 (1981). Contractor scheduling and coordination Is an area that presents even more com- prehensive liability exposure for the con- struction manager. With the advent of multi -prime construction, the task of scheduling and coordination has as- sumed much more importance. Simply Put. a multi -prime project Is one in which the owner awards several separate prime Contracts for the construction of a facility. Since each of the prime contractors gen- eragy,is of equal stature (regarding duties and responsibility),. coordination. of tjle 'primQ team` is a crucial --and often drt- fimllit-flask for the CM. In general, the construction manager owes a duty to the contractor to avoid negligence -caused additional costs for Contract performance. When a CM as- sumes scheduling and coordination re. sponsibli ty (in accordance with AIA A201 / CM), discharging this duty while minimiz. ing the potential for liability can be a Problem. as indicated by the following cases. I In R. S. Noonan Inc. v Morrison-Knud- sen Co., 522 .Supp. t 188 (D.D.La. 1981), an aip•-nobile assembly plant was being WIW 'several prime contractors. The Plaintaulldiing structural the ecconcrete andble for storm i drains, was unable to complete perfor- j nance because of rainy weather and ji i unstable sail conditions. It alleged that the construction manager should have antic- i0ated such a problem and bull# a tem. porary site drainage system which would have prevented the damage to plaintiffs Partially -completed storm drains. The court held that no prime contractor is presumed to accept the risk of active interference' with performance, so the CM was liable. The construction manager also actively Interfered with the contractor's work In John E. Green Plumbin 8 Heatin Co. v Turner Construction Co,, 500 FSupp. 910 (E.D.Mich. 1980). The contractor had u dertaken to perform the plumbing and mechanical wort, on a ;,....petal cons!ruc- liun pro) :ct. His contract with the owner, incluvea a 'no damage for del,. , clemse, . which provided tha' :, t' TId exten� Ion would be the only remedy for a delay caused by. the act, omission or default of the owner or CM. Numerous problems, caused by the active interference of the CM, resulted In delay. Despite the 'no damages' clause, the court concluded that reasonable par- ties would not waive damages for inten- tional interference with work. The CM again interfered with a con- crete contractor's performance in Gate. way Erectors Division v Lutheran General Hospital, 102111.App.3d 300, 430 N.E2d 20 (1981). after a dispute arose over the sufficiency of the concrete. Deciding in favor of the contractor in his suit for negligent Interference, the court opined i that since architects and engineers owe i a duty of due care to contractors whose economic interests will foreseeably be affected by their conduct, the standard for the CM should be no different. On a multi -prime project, one of the Prime contractors may be designated to assume the responsibility for coordinating the work on all the other primes. In Broad. _way Maintenance Corp. v Rutgers, 180 N.J.Super. 350. 434 A.2d 1125 (1981), the duty to coordinate -vies so vilocated, thereby insulating .the owner from delay damages. Because the prime contractor also acted in the Capacity Of CM. he was liable to the other contractors for his fail- ure to adequately perform the coordina- tion. Although the apparent trend Is to find liability for a construction manager's fail- ure to coordinate. not every case so holds. On a mufti -prime power plant project in Arizona, a mechanical contractor claimed that the CM's failure to coordinate the primes (a duty set forth in the CM's con• tract with the owner) resulted in delays and damage. Harbor Mechanical. Inc. v Arizona Electric Power C000eretive Inc 498 F.Supp, Gal (D.Anz. 1980). Thecourt ruled that the CM's liability could stem only from a contractual duty: and since there was no contract between the me• chanical contractor and the CM, the CM cbntrnuerl On page 12 F owed no duty. Recent Arizona decisions have swung the other way (see also'Per spectives' in this issue). The obligation for the CM to exercise due care extends to the requirement R follow express contractual procedures. Ir Plan-Tec. Inc. Y. Winains, 443 N.E2c 1212 Und.App. 1983). a case involving e multi -prime hospital project, the CM di rested one of the primes to modify certain exterior expansion joints. This work was outside the prime's contract. and the Cb was so o;ivicW Instead of following *4c aontiact's change order procedures, thr CM oirected u soricon'►actor to Far lore the v.irk Be^ausr; of the CM failure is adhere to the contactual provisions foi making chances, he lost the protection o' an indemnification clause and was helc financially liable. The need for strict adherence to con tractual requirements was also the bass; of liability in New Orleans vytcon. Inc., 529 F.Supp. 1234 (ED.La. 1982). A CM's work on an airport runway improvemert Project included the requirement to per form independent testing. This testing was to verity the compliance of the work wilt the contract specifications. In lieu of per forming such Independent tests, the CN merely relied on the test results obtainer by others. This failure to comply with express contract requirements resulted in the CM's liability. The next issue of KC -News (conclud- ing this two-part series) will focus on financial measurement criteria for ascer- taining damages arising from the A/E's failure to adhere to the reasonable stand- ard of care.• L L A J F 4i .s 8p8 h�S 10 a 8 8; a88 c n .,� ! M1 uN•f�� O� V'i1 •^+1 O A Al N M Rpp N P NI •D •O O � ;. •i •p r1 N �t O •y O .•1 P r.1 N O .t N •� C � PIN 5 , tl t+�SF 1�pf fept mqbAi +1 MC rl •"1 14 I .. py� �• �p y �y I' ^�1 � pr7,, p6,� pM,� pR,t •yJ� �(j� M 1 .M M ri N Y M ti C1 u � d IN M ep0 a1 p p �,.. ... A l ni Phi 4 to 6 F M S + w64 ~ L' b y {y •0 Oul N � N .�-11 � • - • . - � � W 'Y O as " u � IIk LMJ Its • - -- •.-.. 143 _.... .fit;, .. ... 4 t i �•l 1 � PURCHASE ORDER G.a CITY O F K E N A I THIS PURCHASE ORDER FB'LMU E - VENDOR NUMBER MUST APPEAR ON ENROD - ACCOUNTING 210 FIDALQO ST. PHONE 283.7636 All PACKAGES AND PAPERS ARY •ACCOUNTING KENAI, ALASKA 99811 RELATING TO THIS PUR. CHASE. - SHIPPING 6 RECEIVING No. N - APPROVED COPY PINK - REQUISITIONER Data 9 12 86 . VENDOR NO. _ HOMER ELECTRIC I Ordered by TO Date I Coni ac Phone �t ! i I .i: SHIP VIA: BY FIRAWADIUCIOR ;I t f7j x A. ii - , -. -' ----- A k � � i oUivEw DATE PREPAY SHIPPING . CHARGE r e PINQUOTAMM PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. GESCRIPTIONORARTICLE u—"' UNIT UNIT PRICE AMOUNT FURNISH AND INSTALL STREET LIGHTS IN VIP SUBDIVISION AT THE FOLLOWING LOCATIONSs Sunrise at Ketch, Lora, Muir, Pirater & Set Net VIP at Baleen, Lora, Muir, Sand Dollar, & Set Net TOTAL NOT -TO -EXCEED AMOUNT $190500. 10 street lights are served by underground p wer. FTheee iginal estimate was: 50 lights x $1,800/light = $909000 10 lights are: 10 lights x $1,950/light = $191500 BUT t ey are underground where most of the remaini g 40 li hte are on poles and should cost leas than tie previ us $1800 estimated average. NO ADDITIONAL COSTS WILL BE PAID WITHOUT TOTAL $13500. DEPARTMENT r LBF - BY ` 301-43150-4538 $19,500.o WAD FOR COUNCIL MEETING OF fd- aA Mgr. ---[j Allorwi �Illy Oublk: Works --[I cur Cwtk Fins e OriOMal To-+-� Submitted 8y—� Co"I ON ONO OYts • Ck---► L S G-3 Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE N0. 1167-M AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING PARSONS HOMESTEAD #3 (BY PRELIMINARY PLAT) FROM SUBURBAN RESIDENTIAL (RS) TO RURAL RESIDENTIAL (RR) DISTRICT. C WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning k Map of the City of Kenai, and WHEREAS, a rezoning petition has been received from MSM Partnership, property owners within the designated area proposed for rezoning, and WHEREAS, the Kenai Advisory Planning & Zoning Commission has conducted the ,....... required public hearing on September 10, 1966, and _ _ 3 - WHEREAS, as a result of that public hearing, the Planning & Zoning Commission recommend approval of the requested rezoning contingent upon the t 1-� preliminary plat designating the area to be Parsons Homestead #3 be duly j recorded and filed. ,, .. � +� NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, . as follows: Section is Subject property consisting of those lands depicted in Exhibit "A" are hereby rezoned to Rural Residential (RR) District. •a PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this let day of October, 1986. TOM WAGONER, MAYOR First Readings September 17, 1986 Second Readings October 1. 1966 Effective Dates November 1, 1986 �s CITY OF KENAI vet eat 4 4" E10 RDAL40 KENA1, ALASKA mii TELEPHONE 203.75M MEMORANDUM TOs Kenai Advisory Planning A Zoning Commission FROMs Janet Loper, Planning Specialist SUBJECT: Ordinance 1167-86s Amend Kenai Zoning Map by Rezoning Persons ` Homestead S/D- from Suburban Residential (RS) to Rural Residential (RR) District DATE: September 11, 1986 BACKGROUND Applicants ' Legal Descriptions ' Existing Zonings Proposed Zonings Existing Land Use Plan: Proposed Land Use Plans C, MSH Partnership Box 468 Soldotne, AK 99669 Parsons Hometead i3 by preliminary plat Suburban Residential (RS) Rural Residential (RR) Medium Density Residential Low Density Residential 4 DISC This property came before the Commission as a part of a resubdivision of the entire area, one half to be Inlet Woods (existing), the other half to n_ be Inlet Woods West. As the plat for Inlet Woods West was never finalled, the name reverts back to the original at the request of the former and potential owner, Mrs. Ruth Persons. It is Mrs. Parsons request that the property also reverts back to the same zoning designation prior to the sale and development of both parcels. L X �1 J i .i PARSONS HOMESTEAD d3 Rezoning Ordinance 1167-86 Page 2 The current Land Use Map designates the area as Medium Density Residential and would require an amendment to Low Density Residential. The proposed Land Use Map already designates the area Medium Density Residential due to the availability of city water & sewer, however, as it has never been adopted, the amendment is necessary. The City of Kenai has had a mandatory hookup ordinance for sewer for some time and has a proposed ordinance which is similar dealing with water hookups. While this poses no problem at the time of the petition, it does suggest that some time in later years, as parcels are sold which are close to these utility stubouts, individual purchasers will be returning to the Commission for rezoning back to the Suburban Residential (RS) designation. It should be kept in mind that the 7200 sq ft designation for Suburban Residential is a minimum only, there is no maximum lot size suggested. The homestead could still be developed with large lots and remain Suburban Residential (RS) zone. The Commission held a public hearing on September loth. No continents or objections were heard. The Commission recommends approval of the rezoning, however, at the suggestion of Councilman Wise, the Commission added the stipulation that the rezoning be contingent upon the preliminary plat be finalled. A copy of the unapproved minutes pertaining to this item area attached. S q f •t i �1 }"1 CITY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION 1 _ RESOLUTION NO. PZ& j A RESOLUTION OF THE ADVISORY PLANNING & ZONING COMMISSION OF CITY OF KENAI RECOMMENDING (APPROVAL) (DENIAL) OF THY,RE UESTED ZONING (LAND USE PLAN AMENDMENT) SUBMITTED BY APpl cant ` FOR )�&07t� -W-- a- }° WHEREAS, the Commission finds the following: f } 1. The subject property is currently zoned'�Z� iy ✓ �/�S) k 2. The present land_We plan designation of the subject property is ' 3. The proposed affected prod PLAN OESIGNATION9 for the 4. An appropriate public —hearing as required has been conducted by the r Commission on y iC� i�v� S. That the following additional facts have been found to exist: :.: NOW, THEREFORE BE IT RESOLVED, by the Advisor lanni oning Commission of City of Kenai that the petitioned ZONIN ND USE KW =<W — NTT>is hereby (RECO.WENDED) (NOT REC ED) to a enai. City ' Counc PASSED by the Advisory Planning do Zoning Commission of the City of Kenai, Alaska, this eg&day of rt' � Chairman << ATTEST: Panning 56ceetary r 6/64 - - - . a-- - - - -- - 1. PETITIONER: AND 2. ADDRESS: PHONES 3 CITY OF KENAI REZONING APPLICATION DATE: August 13, 1986 i MSM Partnership Post Office Sox 468 Soldotna,.Alaska 99669 (907) 283-4218 4. LEGAL DESCRIPTION: Tracts One and Three of Parson's Homestead No. 2 S. PRESENT ZONE: Suburban Residential (SR) 6. PROPOSED ZONE: Rural Residential (RR) ' 7. INTENDED USE AND/OR REASON FOR REZONING: Farming/gardening, and general agricultural utilization • of the 3 to 5 acre tracts. 8. REZONING CHECKLIST: a0 map b. signatures co deposit/advertising fee ($200) d. application form or letter #vca of ,po-sed reaon�r�� no; •� r - J i t� A' ;ago I I jl l.S9 4e. I I O N W{/.N•e Ord. J4 t.09 Ae. I °OO' uw is N 1 4 e � O a ♦ • LJ 1, _. .. _ 4.90 Aa. j CL im it ug 'J.10Ile LA +0 w N U W 3 —j i pep If : tl c. 5.24 A•. J 2.60 Aa: • �• + { zj .'+ " `•' i Ss r N u W 6LQCV— • it - 4 f , I r TgACT TWO i s3W US F1 ` { 1 $ It G . RSONFi HOMESTEpAryD ND. 3 ,•�Ot r,.iJtwt.001trttt ql/ YOY. fMI0411M MI NO 1/Y01.0. et +%+• I W000 06. 014. n 11tWTt0 IN TM..IU1 pIN 1tttAow NY tllw 1 . ee 7Mt colt Of stow e110 tMt now pgo"t I► socu M- Ilt►Nr eM etlptt►ttf. t14. + tY„NON O1 Sol00tM. N 1tt1t plpt 1COlt •�1t • CAR a tut +.. 100• 1 1+ + . i i i 1. PETITIONER: AND 2. ADDRESS: PHONEi 3. ••-----.. CITY OF KENAI REZONING APPLICATION DATE: August 13, 1986 MSM Partnership Post office Box 468 Soldotna,.Alaska 99669 (907) 28374218 t 4. LEGAL DESCRIPTIONS Tracts one and Three of Parson's Homestead No. 2 5. PRESENT ZONES Suburban Residential (SR) 6. PROPOSED ZONE: Rural Residential (RR) .7. INTENDED USE AND/OR REASON FOR REZONING: Farming/gardening, and general agricultural utilization • of the 3 to 5 acre tracts. S. REZONING CHECKLIST: a0 map b. signatures ce deposit/advertising fee ($200) d. application form or letter L L Area of P, -to 9x I reaon112f ii� ui ■ � ilk"m . ;L90 ... , 490' l N l.6B As. •• 542 As • �}I ,� � e.v.rr•u • s- Z u O • ,� i D � O i 2 u ' a aa& As. CO6 / ,• Is } • -• .1 L20 AS. O� T AL- j� ,\ Lr•vy,�. 1t Gt yLJ 3.15 As M fl -- t.-) W C. u M AID' O L11 / ,t a H } '� /C ca�"- 3 It 5.24 Aa. % 2.60 An . " O ./• IL,. u j. 4 ---_ ...w•atlw -�._. 9 seo la got BLOCV— a .'yto TRACT TWO A 534V a PAVSC%a HM57R NR ' % - 0 ' ' (• i • s o — -- =- --- - 5.53 A.--- ';f I' 25 '0 •, nva �••,: ^' w nI 1Np'•T'Oe w •ro.orl 32 31 << 1 f ,SI .. r X RSON, S� HOM ESMAD NO 3 M, N' aA orNo t.NN■s . � 1D7SRL'AT! woo ta. Y/l SNWKO T"► •Y[ tw,N ttGTA •t • I , .j foss ally t%t all tog alff N t[Yal aao fY! l[ssa1 4 KMsstlts samou Y- , tN"Al"t sr• KLM sole AgOafsfd. too. t010sMV. s+ Stott 0,11 a SUMS. Sau[ tAtaf t• •Sao• tat - L rw �!-y Suggested by: Councilwoman Bailie CITY OF KENAI ORDINANCE NO. 1166-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1986-87 GENERAL FUND BUDGET BY $89500 FOR THE PURCHASE OF RAILROAD TIES FOR THE AIRPORT TRIANGLE PARK. WHEREAS, $7,200 was appropriated in the 1985-86 budget for purchase of railroad ties for the Airport Triangle Park, but the funds lapsed at June 30, 1986; and WHEREAS, , the Beautification Committee has asked that monies be reappropriated to purchase railroad ties as well as reber spikes, miscellaneous fittings and to cover freight costs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increase in estimated revenues and appropriations be made: General Fund Increase Estimated Revenues: Appropriation of Fund Balance $8,500 Increase Appropriations: Parks - Repair do Maintenance Supplies $8,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of October, 1966. ATTEST: Janet Whelan, City Clerk Approved by Finance:^vim 9/11/86 0 WAGNER, MAYOR First Reading: September 17, 1986 Second Reading: October 1, 1986 Effective Date: October 1, 1986 Is a PURCHASE ORDER 6414 CITY OF KENAI NUMBER MUSTT SPEAR ON .. HItE . VENDOR 210 FIDALQO ST. PHONE 283.7636 ALL PACKAGES AND PAPERS lOENROD • ACCOUNTING RELATING TO THIS PUR. NARY • ACCOUNTING KENAI, ALASKA 99811 1' ! BLUE • SHIPPING & RECEIVING REEN • APPROVED COPY PINK • REQUISITIONER ij VENDOR NO. t f A & K Railroad Materials, Inc. = P.O. Box 30076 ' t TO Salt Lake City, Utah 84130 ' LATTN: Glen Miller 801-974-5484 = = - IN 94-1631996 SHIP VIA: ester oA111 jF. . -.... r .. 4 i NO. Daft a I I J i I BY PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT WMNIJIT UNIT UNIT PRICE AMOUNT PREPAY SHIPPING •CHARGE -1 I @ ' PURCHASE ORDER G t CITYOF KENAI THIS PURCHASE ORDER �I NUMBER MUST APPEAR ON RITE •VENDOR 210 FIDALQO ST. PHONE 283.7638 ALL PACKAGES AND PAPERS 'I NARY�ACCOUNTINGING KENAI, ALASKA 99811 cHrM►S . NG ro THIS PUR• BLUE •SHIPPING 8 RECEIVINGNO. y RI • APPROVED COPY $ PINK • REQUISITIONER Dora 9 12 86 i VENDOR NO. ? SeaLand Barge Co. TO jj SHIP VIA: I J f j BY NAMMKION THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT DEUVE/Y DATE PREPAY SHIPPING •CHARGE iOe PEYGUOTATION PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE ITEMNO. DESCRIPTION OR ARTICLE GO,="D UNIT UNIT PRICE AMOUNT 1. Freight for 600 ea. railroad ties from Hoquium 1 ea. $4,500 Washington to Kenai City Shops, Alaska Amount not to exceed VTOTAL_.L.L4..500 A AMOUNT DEPARTMENT PAZ" - - 001-45020-2023 4,50 00 BY OEPAtlMWI M L L V 5W CITY OF KENAI „ 0d Cap" of 210 FIOALGO KENAI, ALASKA 9WI TEMNONE 4l - MS Sept. 169 1986 T0: Council FROM: Janet Whelan/a--� City Clerk RE: Judges for Oct. 79 1986 Election Judges selected for the Oct. 79 1986 are as follows: Chairmen: Susan Smalley (01) Ruth Malston (02) Vivian Raymond (03) Judges: Ginny Atchison Grace Cole Cynthia Graham (01) Marsha Heinrich Mary Quesnel Dorothy Shaw (02) Barbara Hultburg Sharon Gerhard Judy Violette (03) Chairmen will receive $8.00 per hour, Judges will receive $7.50 per hour. jw L L L -1 I _ r 1 j' • on i ►� C:O. sent to i C .O. approved by on CHANGE 0 R 0 ER f t : 47 n A F4 NO: 5 Project HAS Initiatio:i Date Contractor Construction Unlirlited 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) 1. Relocate mail boxes per' Post' Office request on Swi'res. +454.36' 2. Adjust mail boxes to new design grade on N. Highbush. +292.47,1 3. Insulate water services per, request. +740.55' 4. Repair valve box riser damaged by utility companies. +554.69- 5. Fix thaw wire damaged by others on Bumblebee Street. +674.97, 6. Repair service key box damaged by others. +914.05' 7. Block access to slopes to keep traffic off. +454.36' 8. Mark location of culvert at Swires and Aliak. +66.36-, Net change in contract price due to,this C.O. I 4.151.81 CHANGE IN CONTRACT TIME CHANGE IN CONTRACT AMOUNT i FOriginalTime Original Contract Amount 768,606.80 00 C.O.sPrevious'Change Orders 207,893.53This Change Order This Change Order ReVised Contract'Time Revised Colitrnct Amount _ 980.651.14 Y (Attached) (Above) is full justificstinn of each item on this c.n, including its effect on operation and ma►ntenancc costs This C.C. is not valid until signed by both the Owner and 1112ineor. Kenai MY Council has to approve all C.n•'• Contractor's signature indicates his agreement horewlth, including any adjustment in the Contract sum or Contract time - gin i e �� — �7tracM Date By wne r Date .. v L I -11 H.A.S. PROJECT JUSTIFICATION FOR CHANGE ORDER NO. 5 August 2e, 19e6 it Items I - 8 are force account items that were necessary to complete the project and were not included in the original bid. Labor, equipment, and material rates have been verified and are in conformance with the project Contract and Specifications Back up information for each item with corrections initialed b the Engineer is attached. l_ -1] sent to ,^ ���lG� UIlQ Il 110 6 G-7b Project H.A.S.tniti;Ilicta 11:: Contractor Construction Unlimited City of. Kenai You are hereby requested to comrly with the following ch;uit;cs 1'1-0111 the contract plans and specifications: Item Description of changes - quantities, units, Increase or -No. unit prices, change in completion schedule, etc. (DQcrease) i, Unused materials•itemized on attached invoice to'be purchased 510,960.74 by the City per Contract requirements. t Net change in contract price due to. this C.O. I 10,960.74 CHANGE IN CONTRACT TIME CHANGE IN CONTRACT AMOUNT I Original Time Original Contract kmouw-. 768,j05,80' Previous C.O.s Previous Change Orders 212,145.34" _ I This Change Order N/C This Change Order 10,960.74 Redised Contract Time — Itovise(i cmitract Amount: _091�611-.88----- j (Attached) (Above) is full )ustirication of each item on this r..n, inclug; its effect nn t+n.untenan• din •, `,nrr and I n 1'hls f..0. is not valid until signed h,• both the gin�•cr. lcuat t'ity l:wutetl '•• Contractor's signature indicates his agreement her,,with, including ,iny nd ,ee tment ut the ..•at ^ s_n °r f�E By --- By Owner Ite Date J1 1 V i c i r � r k., L::1t to an • C.O. approved by on CHANGE ORDER NO : 1 Estimated Quantities (To be revised after construction) .'roject SOUTH STRAWBERRY, KENAITZE, EAGLE ROCK, Initiation Date 9-12-86 Contractor DOYLE CONSTRUCTION COMPANY City of Kenai You are hereby requested to comply with the following changes from the contract plans and specifications: On Redesign of Kenaitze Court. Item No. Description of changes - quantities, units, unit prices, change in completion schedule, etc. Increase or (Decrease) 1. UNUSEABLE EXCAVATION shall include either disposal of material offsite or stockpiling of material at locations shown on the drawings for later incorporation into the project as USEABLE EXCAVATION. as directed by the Engineer. Measurment shall be by truck count.,iEstimated quantity is 2100 cubic yards @ $2.50/cy $5250.00 EST. 2. USEABLE EXCAVATION shall include material taken from stockpile locations shown on the drawings whis is incorporated into the Project. Measurement shall be by neat line measure of material placed to the lines and grades shown on the drawings. Estimated1350. 00 EST• quantity is 540 cubic yards @ $2.50/cy. 3. FURNISH AND INSTALL 15"CMP CULVERT shall include excavation, salvage, and reinsatllation of existing culverts at locations shown on the drawings. Measurement shall be per lineal foot of culvert salvaged and reinstalled. Estimated quantiy is $1200.00 EST. 60 lineal feet @ E20.00/1f Net change in contract price due to this C.O. CHANGE IN CONTRACT TIME Original Time Previous C.O.s This Change Order Revised Contract Time CHANGE IN CONTRACT AMOUNT I •� l .. 1 (Attached) (Above) is full justification of each item on t1sts C.A. including its effort on operation and maintenance coats. This C.O. is not valid until signed by both the Owner and Ingineer. Kenai City Council has to approve all C.O.S. Contractor's signature indicates his agreement herewith. including any adjustment in the Contract sum or Contract time. 1 i By. By � ) -ng near Contractor Da"� Date L By Inner Date L C.O.. sent to on Page 2 of 2 C.O. approved by on i CHANGE ORDER N0:1 Project SKESTR (KENAITZE) Initiation Date Contractor DOYLE CONSTRUCTION City of Kenai .I;'. You are hereby requested to comply with the fallowing changes from the contract plans and specifications: �i 4- �L t , Description of changes - quantities, units, 'unit prices, change in completion schedule, etc. RECONSTRUCT EXISTING DRIVEWAY. Estimated quantity is 3 each @ $200.00/ea MOBILIZATION/DEMOBILIZATION. Lump Sum.. CONSTRUCT ORYWELL. Construct per typical detail at location shown on the drawings. Quantity is 1 @ $2200.00 Net change in contract price due to this C.O. CHANGE IN CONTRACT TIME Original Time Previous C.O.s This Change Order tract 120 days 0 7 days Increase or (Decrease) $ 600.00 Est. $700.00 $2200.00 11,300.00 Est. CHANGE IN*CONTRACT AtiPUNT Original Contract Amount $241,252.00 Previous Change Orders 0 This Change Order(EST.) 11,300.00 Est. Revised Contract Amount . f p t". " ' A� (Attached) (Above) is full justification of each item on this C.Q. including its effect on operation and maintenance coats. - — --- -- -= �- t This C.O. 1s not valid until signed by both the Owner and Ingineer. Kenai City Council has to approve all C.Q.s• Contractor's signature indicates his agreement Herewith. including any adjustment in the Caneroct sum or Contract time. n .. By . { Engineer Date By Contractor Date A ; By _ —` Owner Date t L I -..&_____J 1 }I c 'fir.... • CC Wm. J. Nelson& associates EMPUCTU B15 ROALGO. SUITE eO4 KENA1. ALASKA S9S11 September 12, 1986 I Keith Kornelis City of Kenai Box 580 Kenai, Alaska 99611 ,RE: Kenaitze Court Dear Mr: Kornelis Attached is the proposed change order for the Kenaitze Court regrading. As we discussed, I estimate that it will take approximately 40 hours of my ; time to inspect the project and verify quantities. I will provide these ! services according to aw standard Fee Schedule. Testing, if required will be a reimbursible expense per the Fee Schedule. We will set slope stakes and red tops for $1950.00. :..; r If the Contractors schedule requires extra inspection time beyond the estimated 40 hours we will notify you in a timely matter so that our fee can be.adjusted accordingly as required. Si ncerely, -' Wm. J. Nelson & Associates „ ;t W . J . Nelson PE NOT /M /0VAOr Tj . L a] MJ L` I Wm. J. Flelsori N . CONSUL' T* NG ENGINEEREI STRUCTURAL / CIVIL / PLANNING FEE SCHEDULE Effective January 19 1984 ! ENGINEERING/INSPECTION PERSONNEL rr Principal/Struct. Engr. (Reg. P.E.) Civil Engineer II (Registered P.E.) Civil Engineer I (Non P.E.) �i Construction Inspector Engineering Technician Draftsperson "r Clerical Regular Time 75.00 per hr 65.00 per hr 50.00 per hr 50.00 per hr 40.00 per hr 35.00 per hr 25.00 per hr Overtime 95.00 per hr 80.00 per hr 61.50 per hr ; 61.50 per hr ; 49.00 per hr 43.00 per hr 31.00 per hr } DIRECT PROJECT EXPENSES (Cost Plus IW/.) f Equipments Vehicle 40.00 per day plus .50 per mi. ' (First 20 miles included in daily charge) HP-86B Computer System 15.00 per hr a TROXLER 3411B Nuclear Densometer 12.50 per hr ,i.. SURVEY PERSONNEL Principal/Registered Land Surveyor 71.50 per hr 85.00 per hr 1 Chief of Parties 66.00 per hr 77.00 per hr ' Technician 49.50 per hr 55.00 per hr Draftsperson 44.00 per hr 49.50 per hr Clerical 33.00 per hr 38.50 per'hr SURVEY CREWS :F... 1_. 2-Member Field Crew' 126.50 per hr 151.00 per hr 3-Member Field Crew 176.50 per hr 220.00 per hr _ Additional Personnel (Each) 60.50 per hr 71.50 per hr Electronic Measuring Equipment 55.00 per day (When Applicable) Time is billed "portal to portal" - i.e. billable time for a Field --ew. begins when they leave the office and ends upon their return. E L L 0-1 1 4 i .t V - l� CITY OF KENAI „ Oil 210 FIDAL00 KENAI, ALASKA Nd11 TELEPHONE 283 - WIS put 9418(r CavNei� rOi?PO yGA rN�>< �t�ars MEMORANDUM , `I♦y E&CprC TO`d IKA0.4 rN�y NANO tfQiV i TO: William J. Brighton, City M"nager PAfD-- kle �CAQ • r AP rl#aY FROM: Keith Kornelis, Public Works Directors C/Ty 06ERA<< NOW iA ys roe v, Nwu DATE: August 1, 1986 I Nam. SUBJECT: REPLACEMENT OF OBSOLETE STREET LIGHTS IN WOODLAND, REDOUBT AND INLET VIEW FOR: COUNCIL MEETING OF AUGUST 6, 1986 ALSO 9/n 8` I have tons of paperwork concerning the problem of replacing these street lights. It all boils down to this: 1. The Citx of Kenai properly a ecified a li ht that will work and { never A4A chan a that specificat on nor accent a substitute. Tf City E ectric had ordered what we specified this would not be a problem now. 2. We had five bidders on this project and not one bidder, in - .' eluding City Electric, listed an exception o e r bid. They all bid what was specif e . It wouldno e fair o e other ' i b.idders to allow a substitute that will not work. City Electric j may have gotten a deal by ordering both the Inlet Woods and'our replacement lights at the same time and by ordering the fixtures all the same. Unfortunately, Inlet Woods has 240 volt, whereas - the replacement lights in Woodland need 120 volt. City Electric should have ordered what we specified - prewired for 120 volt but also - multi -volt! - so we could use them anywhere. I ti 3. General._Electric can provide what the City of Kenai specified u they wan o c arge a rough estimate o approximately l59 x $150/ea) $8,850 more because City Electric ordered the wrong -- - - — ballasts. ;L -- -- ---- 4. HEA will allow City �o_work on the lightshave ! _Electric accepted he f x urea With multi-tapa as s andwill continue h o maintain e s as m e past. k5ee attacn.ea IeTre-r 5. General Electric has been hard to work with. They have not -- returned my calls, they have changed representatives, and they + have contradicted themselves many times. They have told me the s L r ' fixtures and ballast are very common and yet will not let City ballasts a 50% fee Electric return the and would charge restock j a plus all freight to return the fixtures. 1 6. The light fixture is erfect for the application. General TlectrIC has assurea me that the light was assigned for a 15-20 ti foot pole and would work perfectly for our existing lights. !i These lights are installed in Inlet Woods Subdivision on poles 4 that are about the same size as the ones in Woodland and they ` look great. The only difference between the lights in Inlet Woods and the ones specified for Woodland, Redoubt, and Inlet - a View is the different ballast and power to run them. The physical appearance from the outside would look exactly the -ir same. I would suggest you and the Council take a 1 ok at the - lights In Inlet Woods. They iook_grea 7. After a presentation made by Frank Arbelovsky of City Electric, the Council passed the following motions "Consider purchase of the street light fixtures that City _ Electric had obtained for replacement in Woodland, Redoubt, and Inlet View from City Electric at City Electric's actual invoice cost plus actual invoice shipping costs. The City 4 administration is to then investigate the possibility of the fixtures being used or exchanged for fixtures and poles that { Airport Way." j can be used on other projects such as I have considered this purchase and I am strongly recommending against it for the following ressonss j E t � 1 a. We have no use for these lights since the ballasts require ' the wrong voltage. In order to make them work and have them i !r installed would cost the City of Kenai an additional $10,000 to $20,000 after paying for lights that do not meet the specifications. E b. City Electric wants to charge the City of Kenai $50,575:97 i' which is more than the bid amount. AND the bid amount was a to not only furnish the lights but all the equipment, labor, . Y and materials to make the lights fully operational. B. ATTACHMENTS A. A. Memo to Brighton from Kornelis, May 20, 1986 (Status Report numbered 1 - 12.) ------`- 8. Letter to Kornelis from HEA - June 24, 1986 (HEA approval) '- `' C. Letter to City of Kenai from City Electric - June 20, 1986. Includes Grayber letter, General Electric letter, and City PE-1 ' 9. PUBLIC WORKS RECOMMENDATION + i • a. The Council of the City of Kenai reinforce Kornelis' letter to City Electric dated February 14, 1966 (A5) which states: 1) City Electric immediately remove the lights from the ' City of Kenai yard where they were lilegally dumped. 2) City Electric furnish and install the light fixtures that where specified in the bidding specifications. j This not only includes furnishing but providing all i equipment, labor, and material to make the lights fully { operational. rii f KK/sw t o � 1 ' d n { -mot--- — — ry 3 {; I,' • 4 ; 44.t. MEMORANDUM A TO: Wm. J. Brighton, City Manager ,t FROM: Keith Kornelis, Public Works Director -- i DATE: May 20, 1986 SUBJECT: STATUS REPORT ON REPLACEMENT OF OBSOLETE STREET LIGHTS IN WOODLAND, REDOUBT, AND INLET VIEW I think maybe the best way to run through this is by looking at the =" attached correspondence and notes concerning the subject. 1. Bid Specifications 2. City Electric Bid Proposal .....;.1 j 3. City Electric letter to City of Kenai 12/13/86 (Fixtures arrive) 4._ City Electric letter to City of Kenai 1/28/86 (invoice) 4s" 5. City of Kenai letter to City Electric 2/14/86 (provide what's in Spec) 6. Kornelis memo to Brighton 2/18/86 (status report) .pry... .. _ 1 7. Kornelis memo to Brighton 3/5/86 (G.E. can provide what's specified) 8. Kornelis memo to G.E. 3/18/86 (reconfirm in writing) 9. Kornelis letter to HEA 3/18/86 (asking HEA to answer in y writing) 10. HEA letter to City of Kenai 4/23/86 (answer) 11. Kornelis memo to Brighton 5/13/86 (Meeting with HEA) --- — - - 12. Kornelis memo to Brighton 5/1/86 & 5/12/86 (New G.E. Rep) . L . 1 '.tip . • ... H 1{ i CITY OF KENAI 210 FIDALGO STREET ; ..� KENAI, ALASKA 99611 i (907) 283-7535 sj ADVERTISEMENT FOR BID j STREET LIGHT REPLACEMENTS .;- - Sealed bids for a contract to furnish materials and labor to i t replace electric street lights will be received at the Public ! a. y: Works Office, 210 Fidalgo Street, Kenai, Alaska, until 2 p.m., local time, August 20, 1985, at which time they will be opened publicly and read aloud. - The following shall be marked in the lower, left-hand corners STREET LIGHT REPLACEMENTS -1985 ! Specifications may be picked up at Kenai City Hall, 210 Fidalgo { ..; Street. TO BE PUBLISHED: Peninsula Clarion - August 29 7, & 14, 1965 1 INSTRUCTIONS TO BIDDERS 1. All materials offered must be new and of the latest model currently advertised to the general market, unless otherwise specified by this bid invitation. 2. The material for this bid is as specified. The materiel is such that it will be interchangeable with the lights in Iniet Woods Subdivision. 3. All bids shall be submitted exclusive of Federal, State, and local taxes. However, if the bidder believes that certain taxes are properly payable by the City, he may list such taxes separately, in each case directly below the prospective item bid price. -4. Assignment of contract or'subcontractors shall not be . permitted, and claims of subcontractor due to cancellation of contract will not be recognized. S. AWARDS will be made based upon all formal competitive bids received prior to bid opening. All bids will be guaranteed for 30 days from the bid date. 6. Bidders are instructed to use this and attached forms in submitting bids. 7. All bidders should inspect job sites prior to submitting bids. CONDITIONS 1. Formal bids will be rejected if not received at the issuing office prior to the time set for bid openings. 2. The City reserves the right to reject any and all bids, to waive minor deviations from the specifications, and to waive any informality in bids received, whenever such rejection or waiver is in the best interest of the City and unless otherwise specified by the bidder, to accept any items in the bid. It also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a bidder who is not in a position to perform to contract. 3. In case of default of the Contractor, the City of Kenai may procure the articles or services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. 4. In case of damage to City property in fulfilling this contract, the Contractor shall reimburse the City to the extent of such damage. L f it f I • ,. {` -} 5. The Contractor shall hold and save the City, its officers, ?' agents, and employees, harmless from liability of any nature �? j> or kind, including costs and expenses, for or on account of l is any 'or all suits or damages of any character whatsoever resulting from injuries or damages sustained by any person or } persons or property by virtue of performance of this contract, unless such suits or damages arise from •°� carelessness or negligence on the part of the City or its employees in the performance of their assigned duties. The - - City shall not be liable for any costa incurred by the bidder ,i in bid preparation. is 6. No officer or employee of the City of Kenai shall be admitted to any share or part of this contract or of any benefit that t: may arise therefrom unless it may be made with a corporation for its general benefit. r. ^ r L �- ~• 60-1.4 EQUAL OPPORTUNITY CLAUSE �a :1 c .s k I C s (b) FEDERALLY ASSISTED CONSTRUCTION CONTRACTS. Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicaAt'.' for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for conspicuousgplaces1,davailablentocemp-loyeeshandontractor applicantsgforsto employmentost =, notices to be provided setting forth the provisions of this nondiscrimin- ation clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion.j sex, or national origin. (3) The contractor will send to each labor union or respresentative or workers with which he has a collective bargaining agreement or other contract or.understanding, a notice to be provided advising the said • labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. f (4) The contractor will comply with all provisions of Executive Order 21246 of September 24, 196S, and of the rules, regulations, and relevant orders of the Secretary of Labor. i (S) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 196S, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit ! access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimin- ation clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of ` September 24, 1965, and such other sanctions may be imposed and remedies f L ow Equal Opportunity Clause Page 2 1 invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon -each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: PROVIDED, HOWEVER, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal y ; opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: PROVIDED, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the - administering agency and the Secretary of Labor in obtaining the compli- ance of contractors and subcontractors with the equal opportunity clause and the rules, regulation4,and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965; with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause I as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satis- factory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. - R ..P.. TECHNICAL SPECIFICATIONS STREET LIGHT REPLACEMENTS LOCATION Street light fixtures, ballasta, and light bulb replacements will be in the areas of WOODLAND SUBDIVISION, REDOUBT TERRACE, AND INLET VIEW SUBDIVISIONS. (See approximate locations on Sheets A-1, A-2, and A-3.) QUANTITIES A11 bidders shall visit the site before submitting a bid to it familiarize themselves with the roject_. The bidder shall subm -a bid on a cos per eac un �*torurn —sh and install fifty.nine (59) street light fixtures, ballasts, and light bulbs plus furnish only eleven (11) extra street light fixtures, ballasts, and light bulbs. TIME OF COMPLETION The time of completion is 90 calendar days. Liquidated damages will be $50/day beyond the contract time. LICENSES In order to bid on this project, the contractor must be registered to do work in the State of Alaska as a business and as a electrical contractor and must submit a copy of his business license and his electrical contractor's license. BONDS Bid bonds are not a part of this bid. Performance bonds are not required for contracts under $50,000. TC-400R GUIDE FORM SPECIFICATIONS he luminaire shall be of"traditional, colonial design, General eo r c catsioo num er TC-400R - C691N758 but with a multi -tan so can a use w 20 voltsystem) consisting of a die cast aluminum ass s p er or ree Inch OD pole top, ABS plastic housing and canopy and acrylic lens. The ABS plastic canopy shall be hinged to the lower housing, held closed with two captive screws. The TC-400R shall contain an internal reflector to provide IES (III or IV) roadway type distributions. is A. I 91 I fft i 4T The luminsire shall contain an integral ballast of the regulator -� type capable of operating from a multiple (120, 208, 240, 277, NL 480) volt 60 Hz power source. The ballast shall be prewired to t the lamp socket and terminal board for 120 vo s stem but w r option to change to 240 voIE sys am* a shell be `` 250 watt Lucalox (high pressure sodium). The fixtures shall be the standard color which is black. Each unit shall have a photoelectric control that operates the - unit automatically from inside the top housing. The successful contractor will be required to furnish and install the fixture, multi -tap ballast, and light bulb on existing poles.' ,t = The contractor will also be required to remove and dispose of ` } existing fixtures, ballasts, and light bulbs. All additional+•?�• :.._._� equipment, labor, and materials needed to make lights full -operable shall be considered incidental to the project and should be included in the unit cost bid. ''• MINIMUM GUARANTEE i Contractor shall warrant the complete project including materials and labor to be free of defects in design, materials, '} workmanship, and installation. After all the lights are fully operable, they shall be checked by the City and contractor to see that they are fully operable. Two weeks later, all the lights will again be Checked to see that they are fully operable. The contractor will be -required to �. replace or repair all inoperable lights at no cost to the City._,,,, The lights that had to be repaired or replaced will be �•_ r continually checked and fixed until they have been operable for two weeks. 'k METHOD OF MEASUREMENT } .S This contract is to be paid on a per each basis for all items furnished and installed and furnished only as directed and subject to approval and acceptance by the Owner. i 1 " BASIS OF PAYMENT a ment will be made at the contract price for the com leted'." I �..._`..._. -projectand in the quantities authorized by the Owner. This _ ._. -- . A pr ce all be full compensation for furnishing all materials, i- labor, equipment, tools, and incidentals, necessary to complete this project in the quantities authorized by Owner. CERTIFIED PAYROLLS . i ! The successful bidder will be required to complete and submit certified payrolls for work done to the City of Kenai and the -- State of Alaska, Department of Labor, Wage and Hour Division. r L r, STATE 14INIMUM RATES OF PAY _ State minimum hourly wage rates of pay are part of this contract. COMPLETION DATE Delivery and installation of street light fixtures, ballasts, and light bulbs shall be completed within 90 calendar days after notice to proceed. Liquidated damages are $50/day. E 31 '`' K General Electric =' TC-400XTC-400 L There's o,w.rzua i more to GE lighting Tc••oarc•.cc wM than meets the eye. UMINAIRES rr�"r4t$�.=S� ��!�•tyiy:��.L.�raru�.�:s^�Ltii7"..�t7'ti"rsia General Electric TC-400 and TC-400R decorative luminaires offer energy -efficient HID lighting in `.`. - distinctive decorative shape. These collinial=slt led luminaires are ideal for shopping centers. mails. ' cr i►,� retht1g.aa nschools'and•decorativ. i - 1 i •'":'v'�.E ��r� �, ? In/`x.1, .; =y . •ree ,.'+ �. tom. . � , ,. _. ti, •. • r �r . �. , r •, - "tow-.;i+7y.•:. .. .i::::''.:. '?:�::?�:i;�':;Y .. .. ... •�:' ,��. 1` I GE TC-400 and _TC-400 s: :i �=;s.�:;:: ;.•; ^��. -..;, i� _�-' i� ?r es•are available in',,y t'v:+• •s��.-• • �+' ► • ' s.� 50�0�'400•waff-c�ea,�or. ,�: • . f, • ��:;, a r � ho�sp'ho SL :., ca•O E: urces. " , ' ..si.''Qe�:.a. ia:--:><, .�.. ' "err ;���y ..� :<s^►�+ :ky. ti-'- f� LL �•.f y •• �r � . 1. Flexible light distribution — The , ; �a �•�.,±s t:: TC-400/TC-400R family offers I.Es. area and roadway type; lighting distributions, for a vs. " riety of lignting applications. L'fr„fir L Long -Life Durability — The '{`y '•'�^''°'' � ''�'P! stiphtter for 3" OD tennons is =,`°':�'.,°.�wr�y.•1 s., '•' !y a '"" "• �^'•'st-+r�+!.' : �'; t`✓} die cast aluminum for low- ':}Yip{�+rHk•"� i%t':� q M` maintenance and is secured by :•,'•er.Sw;% ►Y-i:'r='1x {� six stainless steel alien head '_+':t+S;f a- ' ate' 'r ; =fir • ;, ^ "'"Y`;�'y� „�r��r4 screws. The housing and hinged +: ti��,;x�.v;$.. 'y '-•� ..'R' „'"•.._''...' .'' R,4_et Canopy are heavy gauge ASS " :tY!i `ri; ^_tw .t! . - {� - ,�R .. -v.i r •-•,;:1.� yr •' �k•Ry• :.,�,•.:. .auet•l6' y'•. �-Q-A"1fri++M„.•t w' plastic to maintain shape and �W'� v-�=i• 4+,a! .sks"' >" "saoutra,•'`'y�iri�-rraw i color through many years of `_'x%+s r'i ft�-•'� "'=q j "�: ?r.•:�ra' •+•---- } service. ....±.ir�iae::�.4s:.. t=:::.:3.':e .t!••s�v.•i•7.�rq�.. .•—�.wrr.. Fast easy maintenance — Two i captive screws allow quickTC•400/40OR GUIDE FORM SPECIFICATIONS Less through hinged canopy tto o all electrical and optical components. Ballast is pre -wired to The luniinaire shall be of traditional• colonial design, General { the terminal board and lamp Socket assemblies. Electric catalog number (specify), consisting of a die -east alum- 4. Fast, sun mounting and levelling — Six alien head set screws Inum base/sliplitter for three Inch 00 pole top, ASS plastic fasten -and level the luminaire on a three-inch OD pipe, housing and canopy and acrylic Ions. The ABS plastic canopy !f. Automatic Owk•to•Oawn Control — An Optional photoelectric shall be hinged to the lower housing, held closed with two captive Control operates the unit control —Alion inside the top screws. The TC•400R, whet►eeee0od. Shall contain an internal automatically p reflector to provide IES (III or IV) roadway type distributions. housing. The luminalre shall contain an Integral ballast of the (regulator• is auto regulator) type capable of operating from a multiple 1120. _ Zoe. 210. 277. 480) volt 80 Ms power source. The ballast shalt be prewired to the lamp socket and terminal board. 0E11ERAL A ELECTRIC I L a 7 ORDERING INFORMATION Cat No. I WetV Ballast I Nei Light Wt. a Ilelamol Volts Lamo Type Dist. lbs. TC•400 Without P. E. RQCeDIaCle i C69tNStl 120 400•Walt Luealos I Regulator i I V 52 C691N513 ,240 C 69/ N SC6 120 250• W all ce"N508 240 Lucston Regulator I 38 C69tNS10 480 C691NS01 120 150-Watt I + C62IN503 ( 240 Luesios Regulator I 38 C691NSOS 4e0 C69/N001 120s240A 400•Waa C691N003 240 Mercury I Auto Req. 40 - - s C 9 tN00S 480 H400DX33•1 C•400R Without P. E. Recootacte C691N761 120 40�FWett C691N763 I 240 Luca{oa Regulator M•N-111 s7 C691N785 480 i Cs91N7s8 120 250 Wan 718 240 �641N7s8 440 a•` ' lualosJ Regulator - 43 t,.� i ��I , . C691N75/ 120 1 wan ��.f C691N7s3 I 29 Lualoa Regulator 41 INTS5 480 L�fC590O4 C691N251 120 240040 400 We" I I I Auto -Reg S-S•III 4S 1 up/ C691N255 s 0 H4pG0X33.1 - A120 s 240 volt units are factory wired for 120 volts. 7 Units Can De reconnecteo in the held to 240 Volta. MIN. OPTIONS: GTY. Standard Color Is blade. Avail. " able in eight cecorative colors. + 1 Rotor to GEA•9352 8 — A E. Receotacle: touts are avail• able with P. E. Receptacles up to 277 l volts.■ an 1 Voltages 208. 277 In ratings shown any — 400-Wan Metal Halide — All voltages 5 Le:ane panels ITC•400 only) 5 1. el Order P. E. Control secaramy 6 ACCESSORY: Flmal sit (gold anodized aluminum. set Of 4) �r i CaL No. 35.961800.36 MOUNTING: -Pr 6 Elf. Prol. Area is 38 sit. R, mac. i( Slipfltter accommodates a 3" 00 pole top. t RECOMMENDED POLES: Suggested mounting height is 18 feet. For 18' round. tapered anchor base co.es. including ancnor oohs ano bon circle tembiates. order calla- ! IOg nun.cers below These Doles will w.lristand up to at least 90 mpni. j Pole Cat. No. Pole Material f18' Palo) { C690H06X Aluminum .w C76OH07X steel. Prime Painted C714HOeX Sleel. Galvanized II�S-�•L{Si. LT�.{t/!•.JMti•L}:_ '' . _ lraFi:.1Y1w,•;� V1'�.f'1'.'.:.tl��• ' .: i i `� � u-.. 't.: .ra•S � �, 7"• ; `a� ; .•, . i .a�DIMENSiONVim:! w :al._.{_:.f-•�'!•...••• �{r ai .1 ....r. �: :.' rYY+t!•1rY4Tl•3•�Lly...•.r;�-3/.t'�.�1�v�7 •1�`I., r RI C rN✓��.;�!r+.T..yi/r�+!.•F�+•ir.-'YIW.t:� 't'�•..iy NiS/1'b�*�ti�'A a7c��•�vNu•.!<*Y. t. ••-'o-r� ATA :"•`; `^�=eah#``i Curve . . . - _ -_ . $ . ` .Hafts .-1.A—erli[Wr IdU.rD CUOIM41 - _ - _• I it r II S �I - PHOTOMETRIC DATAr Curve.'ri�sK Wells Lama Toe Number 150 .:0 +00 Lucatos V 35175629 41X) PnbsDnb/ M@fCYrV TC-40CR Distribution Walls I CYfle lamp TNYTDer Type Lucalos M•N•111 1 35 1 6281 {% `• +r0 p^ 75 t 76293 bsonor r,+ereury I S-s•ul 1 35.176282 GENERAL ELECTRIC COMPANY Llgrtting Svstems Oepartment. Hendersonville. N. C. 28734 6n9INYIJ� `°ew'vsyyya ".� "" 'S 1• q i • r'4r iit ;la Ze a%'Ni'Sc�1:t 1�'..1f ' ., L '' ri: g a A 'j G�l Ii a °• A .(+ , ,. t + 1 �a'. + q •� , . +1 . » • a 4 + s .s .` . b .i1 ? .(•ER in LAMP CUMINS 'g• N�I�+@y><Frets Iroole..ou•.swuo wuiln+w+soi.rmss{re r ro�o1�{s ? r. uYr,..aYto�eer.no•�ro ��i h 1'R1p1:•� a`•oe - If i'oo o:e'1 o'ii e:io ti :: K J 1 BID PROPOSAL STREET LIGHT REPLACEMENTS CITY OF KENAI 210 FIDALGO STREET KENAI, ALASKA 99611 (907) 283-7535 Furnish all labor, materials, and miscellaneous to replace existing street light fixtures, ballasts, and light bulbs in the areas of WOODLAND, REDOUBT TERRACE, AND INLET VIEW SUBDIVISIONS as specified, plus furnish only street light fixtures, ballasts, and light bulbs. Est. Unit Cost in Total Cost in Quen. Description Figures & Words Figures 59 ea. Furnish & Install Street $ $ Light Fixtures, Ballasts(Figures) and Light Bulbs (Words) 11 ea. Furnish only Street $ $ Light Fixtures, Ballasts, figures and Light Bulbs r (Words) GRAND TOTAL COST $ By the signing of this Proposal, the undersigned Bidder hereby expressly acknowledges his understanding of his agreement to comply during the performance of any work under any Contract resulting from this bid with all equal opportunity obligations as set forth in the Contract Documents. - BIDDER 4 The name of the Bidder submitting this Proposal is 0 _.a doing business at Street ty State 21p �I which is the address to which all communications concerned with d this Proposal and with the Contract shall be sent. [in L • L u 7 Y The names of the principal officers of the corporation submitting this Proposal, or of the partnership, or of all persons interested in this Proposal as principals are as follows: J If Sole Proprietor or Partnership IN WITNESS hereto the undersigned has set his (its) hand this .day of , 1985. Signature of Biader t e aea 4ARCH A r •_t ! � t_ ; t1 O y I�r _ - .. t � Via• ?0 7 r0 � i ; e p • .e /b. WOODLAND e: SUED. L •e . t —416 0/i• C_ d®to.� Qr 60 a 41 d . e :: r'l90 al Ab Af �! i hrfL dA:�l Art. �\ 1•• I, 71*—Ii7l) Owe MOOL ..wv - ►OM. �. t•?•I O i C I A i t. lty.• S " r ' I.. !•. 4 I r � 4j ,� � � � �••• p v � � �. � � ..ter , N46 � j �►a TENDER 4Aveall • m ��^,. '� : i N• ,} r _ " + -k ,o W. _' • p V ab •• CP 310 ARE c j lab lb N • ." f .. � ,� � �, fix. ,S, _�. '• f 4r �' �''� s a w '•' r ip i cnra i S' s. lab ORI t� ,1 CIRG�E Ir° ob a...Zb FEDOUE, TERRACE 1 E r f _ '• { 1' 1 7 .l T Co N I; 5 P u R PUDA'- TS N j� , . I< i} - Y DC,FT/d N INLET VIEW SUBDIVISION I a �y A t� 3 l i� 0 BID PROPOSAL STREET LIGHT REPLACEMENTS CITY OF KENAI 210 FIDALGO STREET KENAI, ALASKA 99611 (907) 283-7535 fs urnish all labor, materials, and miscellaneous to replacexisting street light fixtures, ballasts, and light bulbs in the reas of WOODLAND, REDOUBT TERRACE, AND INLET VIEW SUBDIVISIONS s specified, plus furnish only street light fixtures, ballasts, and light bulbs. Est. Unit Cost in Total Cost in Quen. Description Figures & Words Figures 59 ea. Furnish & Install Street $ 831.67 each $ 49,068.53 Light Fixtures, Ballasts iguresl and Light Bulbs Eight Hundred Thirty One Dollars and Sixty Seven Cents each, l ords) 11 ea. Furnish only Street $ 801.82 each $ 8,820.02 Light Fixtures, Ballasts, figures w and Light Bulbs Eight Hundred One Dollars and Eighty TtNo Cents each, ords GRAND TOTAL COST $ 57,888.55 j By the signing of this Proposal, the undersigned Bidder hereby expressly acknowledges his understanding of his agreement to j comply during the performance of any work under any Contract resulting from this bid with all equal opportunity obligations as set forth in the Contract Documents. t BIDDER r The name of the Bidder submitting this Proposal is - -- CITV rr=TC INIC doing business at Rt. 1 Box 115 I{enai Alaska 99611 - - - -- Street City zip i which is the address to which all communications concerned with this Proposal and with the Contract shall be sent. ' 1 n t- j.. 71 (; tx The names of the principal officers of the corporation submitting this Proposal, or of the partnership, or of all persons 'G interested in this Proposal as principals are as follows: a R.C. Stteezey, CDO s - - M=iet Wiley, Exec. VP, r'hil j..I?oA T'r.w-ms4dQnt j. If Sole Proprietor or Partnership ! ' IN WITNESS hereto the undersigned has set his (its) hand this ;�r `t+ day of ('� a ('tiR :,,� , i e 5 . Signat re of Bidd ' Kenai Branch Manager JAie ' BL 002700 SIM731 AA006 r s, Business License No. Electrical Contrac or s _.h } License No. rV L L �= 1 0 CI T Y E L E C T R I C, INC. ELECTRICAL CONTRACTORS - 0700 RAINIER AVENUE $0. SEATTLE. WASHINGTON 00144 12001 722.0700 POST OFFICE: BOX 3600 ANCNOtIAeE, ALASKA 00001 10071 272.4931 + 3540 MOLT ROAO FAIRBANKS. ALASKA 00706 10071 452.7100 ROUTE 1. BOX Ito KENAI. ALASKA 00011 40071 207.7060 i i REPLT TOE Kenai Office REFERBNCE� Job 236E, o. 12-13-85 j . r - City Of Kenai - Director Of Public Works Mr Keith Kornelis RE: City Street Light Replacement. Kenai Purchase Order #70694. Gentlemen: R Per our discusions this date, we would like you to know that ail fixtures, leaps andumterials for this project have been in o;r warehouse for some time. 'd.. Zbe present discusions are presently involving Homer Electric, Mr Larry Slade, and Mr Preston Williams, the local State Electrical Inspector. Mr Slade informed me that the installation of these replacement fixtures was r t Haner Electrics jurisdiction, not City Electrics, since they owned the poles, present fixtures, and equipment. It was also discussed that, the present .j undergound cable may not be capable of converting to 240 volt single phase needed for these replacement fixtures. - Atr Williamstated that differant codes apply if the City of Kenai aro�med m these, - poles or it Homer Electric claimed them. I am presently "on hold" with the installation of these replacements until all this is resolved. i. As soon as someone decide what is to be done, I will inform you and proceed. i YouryS�l't11y 1;� f Frank Arbelovsky manager :- City Electric Inc q? IMMI DIVISION CITY cc/job file ELECTRIC ► �: �. 1; :»,�� � d L _ S L 4 1r: r �1 (9) C1, Y s_ L E `T R i C. I N C. ELECTRICAL CONTRACTORS 3700 RAINIER AVENUE 60. SEATTLE. WASHINGTON 00144 12001 722.0700 POST OFFICE BOX 3696 ANCHORAGE. ALASKA 99501 10071 272.4831 POST OFFICE BOX 80303 FAIRCANKS. ALABKA 90706 19071 452.7158 •••''+y'��. ROUT e 1. BOX Its KENAI ALABKA 99611 49071283.7969 1-28-86 • �• REPLY To- Kenai Off ice •' 1 ^ .. RL/BRBNCE City of Kenai. ;� 210 Fidalgo Kenai slit ' S 1 RE: P.O. Attn: KEith Kornelis Gentlewn; On 12-13-85, we sent you a letter indicttin8 the problem we were having with REA, with the installation of the new replacement fixtures for the three subdivisions in Kenai. Now 1 1/2 months later, we are no further ahead with this installation than we were on 12-13-85. Therefore, we have deliv"M .99 fixtures, lam*+s and PF. cells to the main- tneance yard this morning. Enclosed is and invoice for this project. Yours4Ar l elovsky Itanner City Electric Inc. Kenai Division FA/aa CC/ Seattle/Anch/ Job file Enclosures. 1,•IL 1 CITY ELECTRIC {i. t �1 t NCNORAGE OFFICE KENAI OFFICE .T 4111r a'CA • STAR ROUT11. Box 11S • ANCHORAGE. ALASKA "301 KENAI. ALASKA "611 INVOICE * ►AIRBANKS OFFICE 'CITY ELECTRIC INC. rn �IN Ka « ` FAIR HOLTBANK ROAD fA1RSANKS. ALASKA 9E706 3700 RAINIER AVE. SO. SEATTIE. WASHINGTON 98144 AREA CODE 206 722.0700 71700 DATE January 21, 1986 TO CITY OF KENAI o De NO. ` 210 FIDALGO STREET KENAI, AK 99611 No. ,jr,E 29460 DESCRIPTION Furnish & Install 59 Street Lights Original Contract Amount $49,068.53 Less previous payments: TOTAL DUE THIS INVOICE: $ Complete 100% Value 49,068.53 (0.00) $49,068.53 1 -'t 1' 77 ^ i :a c li l• 1 -..1 . A 0 t 4` u CITY OF KENAI „a (?ap 4 /'vW.r, 0r 210 RIDAL00 KENAI, ALA8KA 99611 TELEPHONE. II63.7535 February 14, 1986 City Electric, Inc. Rt 1, Box 115 Kenai, AK 99611 ATTENTION: Frank Arbelovsky Kenai Branch Manager SUBJECT: KENAI STREET LIGHT REPLACEMENTS Dear Mr. Arbelovsky: I am in receipt of your letter dated January 28,_1986, along with a When I was out an sick leave the last week of JanuaryYou delivered 59 liaht fixturea to the City of ene shoo area. t oug t L had City shop area. Even if these were the right rixtures, anv uney are not, w— a would not allow you to store them in the City shop area because our contract with you is to install and make the lights fully operable. The City Engineer said that you threatened to dump the fixtures in front of the gates to the shop if the City would not allow you to place them inside the fenced in area of the City yard. In your discussions with me, you have confirmed this. Please remove the fixtures that you unloaded in the City maintenance and immediate) The City of Kenai is not in the position for providing storage nor do we have the facilities to provide such storage. The City of Kenai will not take any responsibility for any damage sustained to the fixtures by your loading, storing, or unloading. Since you dumped the fixtures outside they are susceptible to weather damage. L 1 ti As you are aware, the Public Works policy is to put everything in writing. You have been to many pre -bid and pre -construction conferences where we always state that ALL communications, instructions, changes, additions, deletions, etc. will be in writing. Please adhere to this and make all communications in writing. This will alleviate errors in perception as to what may have been said by the other party. Upon examining the fixtures that were delivered to the City shop, I have found that they are General Electric TC-40OR Catalog dC691N781. These fixtures do not meet the bidding specifications. Please refer to the echn ca specifications that you used in bidZring the project. If you will read the specifications carefully, you will note that we are requiring a General Electric Luminaire TC-400R-C691N758 but with a multi -top ballast. This ballast is to be grewired to the lamp socket and terminaioar or a 120 vo system, out with the option to change to 24U volt. The GE cataloosec sheet that your firm provided which was included in the bid specification does not even list the Tixture that you are proposing to substitute. It is also my understanding that the fixture that you are proposing to substitute will not work in Woodland Subdivision and is therefore not an approved equal to that which was specified. In further examining the contract specifications, you will note tha to'.. 3. g-vv eu to make a e eand lfhu a t no e,•a so, a e as aoa y ease i _ payment W11I Be Made at Ene contract place for the completed project. If you would like to make a substitution from that which is i specified in the contract specifications, or It you cannot get what was s vou need to co it in the proper mechoo By requesting n writing with attache sum a s on e x ures. -` Unfortunately, he umina� a you now have n� stock is not - acceptable to the City. __. Please let us know how you intend to proceed. If you intend not to ; proceed under the terms of our contract, following the i specifications, tell us why not. If you do plan to continue with our contract, please give us a written assurance that you will T. �S J i conform to the contract specifications. I oleo remind you that the contract completion date wee for 90 days starting August 30, 1985 and therefore, you should have had the project completed prior to November 30, 1985. Sincerely, CITY OF KENAI® Keith Kornelis, Director Department of Public Works KK/sw e� �t .i i ! r �; • MEMORANDUM - ? TO: Wm. J. Brighton, City Manager ' i I ? FROM: Keith Kornelis, Public Works Director DATE: February 189 1986 SUBJECT: STATUS REPORT ON REPLACEMENT OF OBSOLETE STREET LIGHTS IN _7 '. WOODLAND, REDOUBT, AND INLET VIEW - For the last three years or more HEA has refused to work on any burned out street lights in the subject subdivisions. They claimed, and still do claim, that the existing fixtures and ballasts are no longer made. Gene Collins of HEA told the City that they would not do anything to fix the lights and the only way to get them working { was for the City to purchase the replacements and install them. j On August 6, 1985, a meeting between HEA and the City Council was _ held. Ron Rainey, HEA, and Bill Nagengast, HEA consultant, were in attendance along with City representatives Bill Brighton, Tom i Wagoner, Tom Ackerly, John Wise, Keith Kornelis, and Ed Oberts. At ! �f the meeting we talked about HEA not replacing the fixtures or l ballasts because they were no longer available. We also discussed { ordering extra fixtures and ballasts for HEA as replacements if HEA would pay for them. They later said not to order replacements and 4 that they would purchase them later if needed. After much reluctance and many years of trying to convince HEA to do ,. } the work, we went out for bid and awarded a contract to furnish and install the replacement lights. On January 16, 1985, I sent letters out to City Electric, Air Tek, and HEA inquiring about adding new street lights in areas without , - existing lights. City Electric was the only company to answer. In F their reply they also submitted a proposal for replacing the i... existing lights in Woodland and Redoubt with a GE Fixture. Ed Oberts, City Engineer Technician, worked with Frank Arbelovsky of w City Electric to develop the set of specifications that were used. - - Frank stated that he was the one to install the original lights in , - - - `` Woodland. When the City asked if it was Y Possible to be able to -- ------=----�. - � interchange all the lights in the City, Frank suggested using a t. ----- 1 fixture with a multi -tap ballast. Ed (City) and Frank i (City Electric) developed the Specifications using the actual G.E. catalog spec sheets furnished by City Electric as part of the { specifications. At the time Frank assured the City that GE made a j multi -tap ballast and the lights would easily be interchangeable. The City advertised 2 1/2 weeks before the bid opening and to my the i knowledge the City received no complaints or problems with G specifications. We had eight companies as plan holders and five companies bid the project. No one had any problems or exceptions to the specifications on their bid forms. 3LJ L � t i (k �j The bid wee awarded to City Electric on August 30, 1985, with a completion date of November 30, 1985. City Electric is trying to substitute a fixture with a cataloq number we have no information on. They have dumped the fixtures in our City shop and the boxes have a tag on them showing them to be TC-400R-C691N781. They are 240 volt with a photo -electric eye. Frank has told the City that GE no longer makes the fixture we specified nor do they make a multi -tap ballast anymore. This, I have found from the GE representative, is not true. Frank also told the City that all that has to be done, to make the fixtures they want to substitute workable, is for HEA to switch a couple of wires in the transformer. According to HEA, this is also untrue! The more I look at this project the more I think that maybe City Electric has been leading the City down the "primrose path" on these street light fixtures. It was City Electric that came to the City and told us that McLane was designing a very expensive and not that good of a fixture for Inlet Woods. City Electric talked the City and Mclane's into going to this GE type of fixture instead of the Gardco fixture that McLane originally specified for Inlet Woods. Frank Arbelovsky has been to many of our pre -bid and pre - construction conferences and knows that absolutely everything we do has to be in writing. He also knows the procedure for substituting something different than is specified in the contract specifications. This procedure is to request the change in writing along with a submittal on the new item so that the City knows exactly what we would be getting. This procedure is very common throughout the construction industry and is used to prevent a contractor from using items of a lower quality and lower coats, or items that will not work or be suitable for the intended applications. Frank did not get an approval from me either in writing or verbally to make a substitution. Another reason procedures are set so that we receive everything in writing is so we have a record of what has been said. Frank has told me many things that are not true or are deceiving, likes 1. GE does not make a multi -tap ballast anymore because shortly after we bid one they stopped making them. ^ 2. All that has to be done to make the fixtures he wants -------.---- --------- substituted work is change two wires in the transformers. - 3. Jack LaShot suggested he store the fixtures at our City Shop. 4. He called me before the bid opening about problems with the specifications. .. J: t � r SVI M l_ 0 z On February 13, 1986, I finally got ahold of Dave Lico of GE. He gave me the following informations * The fixtures that we are talking about have been made by GE since the company started. They are not obsolete but GE doesn't sell a lot of them anymore so they are not in stock at the factory. * GE does make a multi -tap ballast and they are readily available and used. * When you order a photo -electric (P.E.) cell for each fixture you normally can not get a multi -tap ballast. (He was going to check with the engineers to see if they could special order this though.) Normally with a multi -tap ballast the P.E. cell is a central controller (many lights on one P.E. cell). What I have been doing the past week is what the bidders should have done before bidding the project and that is: Get with the suppliers and with HEA and make sure what we specified is available and will work. This is common procedure in the industry and we have done the same thing in the,,past. On our road projects where there are many individual pay items we even have a specific pay item called "Utilities in Construction Zone." This requires the contractor to contact the utility companies (HEA) and to work with them in completing the project. Many times the City pays the general contractor, who in turn pays HEA for work they did on the project. On this project we only have one unit price for furnishing and installing the street lights. The specifications state "All additional equipment, labor, and materials needed to make —lights fully ooerable shall be considered incidental to the project and e incivaea in It is very likely that the other bidders did the preparatory work needed to bid this project and that is why the next bidder was bout $6,500 or 13% higher for the furnish and install. The highest bidder was $15,537 or 32% higher. It is interesting to note that to. just purchase only the extra 11 lights there were three other bidders lower than City Electric. So the other bidders had more money into the labor for installing (rewiring ballasts, replacing ballasts, work done by HEA, or whatever7). IN CONCLUSION: * The City has a contract with City Electric to furnish and install 59 light fixtures and make them fully operable according to a set of specifications. * If City Electric wants to make a substitute (change) they need to make it properly, in writing, with submittals and have it approved before doing anything that is not in accordance with the Specifications. Attached for your use is a coy of the Bid Specifications and my letter of February 14, 1986, to City Electric. KK/sw p a] G I + MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: March 50 1986 SUBJECT: REPLACEMENT OF EXISTING STREET LIGHTS AND INLET VIEW I received a telephone call from the G.E. representative in Anchorage by the name of Dave Lico on February 24, 1986. Mr. Lico said that G.E. can and will furnish a multi -tap ballast for our project that will make the fixture easily used for 120/208/277 or 240 volt. He said there will be one lead that can easily plug into any one of the above voltages. Mr. Lico also said that we could change from 250 watt to 200 watt if we wanted, but the distributor may not stock as many 200 watt. I said, "What you are telling me is G.E. can furnish the specified fixture that s mu - ap and have the electric eye." a safd—thiat s correct. He then said it would cost extra to replace the ballasts that were shipped to City Electric. (He said a very rough estimate would be $25-$50 per fixture.) I told him the extra costs were something City Electric would have to work out with them since our contract with City Electric was for furnish and install and make fully operable. With a little bit of effort from City Electric they could have (like I did) got with G.E. and worked it out to receive what was specified. Perhaps the other bidders did do that and that is why their bids were higher. KK/sw CITY OF KENAI „ Oil Capdal o f Au" 210 FIOAL00 KENAI. ALASKA 99811 TELEPHONE 283. 7535 March 18, 1986 Mr. Dave Lico General Electric 517 W. Northern Lights Blvd. Anchorage, AK 99503 (907)276-3204 SUBJECT: STREET LIGHT REPLACEMENT - 1985 Dear Mr. Lico: This letter is to reconfirm our telephone conversations of February 13, 1986, and February 24, 1986. During our February 13 conversation you said that: G.E. does make a multi -tap ballast, but normally there is not a PE cell and multi -tap ballast in each fixture. A central controller with one PE cell for many lights is usually used with a multi -tap ballast. You also said the factory could 8" possibly special order the fixture with both a multi -tap -s.. ballast and a PE cell in each fixture if requested. * The fixture 6691N781 is a standard fixture that GE has made since the Company started. It was the "bread and butter" of the Company until recently, when they have not been as popular. , They are not obsolete and we should never have any problems with parts' replacement. On February 24, 1986, you called and told ma: +► G.E. can and will furnish a multi -tap ballast for the project �'. where the fixture can easily be used for 120/208/277 or 240 volt; that there would be one lead that could be plugged into any of the above voltages. * Each fixture will still have the PE cell in it. L i " If we wanted we could switch from 250 watt to 200 watt but may have distributor stocking problems. ea �. :i i Mr. lico March 189 1986 7j Page 2 �t 1 " It would cost extra to replace the ballasts that were shipped"'i z to City Electric (very rough estimate $25-50/each). �_ ;'... +► You answered "that is correct" to my question, "What you are f j telling me is GE can furnish the specified fixture that is t multi -tap and have the electric eye." - j Could you please verify the above two telephone conversations? It would be helpful in trying to get this resolved and the project a - going again. Thank you. 1 ` Sincerely, Keith Kor elis, Director -i Public Works Department " KK/sw ' f -3. 1 i- 4 .3 ,f CITY OF KENAI „ Dd (?dpl 4 41 a4" 210 RIOALOO KENAI, ALASKA 99611 TELEPHONE 283.7535 March 18, 1986 Mr. Ron Rainey Homer Electric Association 36130 Kenai Spur Highway Soldotna, AK 99669 SUBJECT: STREET LIGHT REPLACEMENT - 1985, WOODLAND, REDOUBT TERRACE, AND INLET VIEW Dear Mr. Rainey: For the past three years or more HEA has refused to work on any of the burned out street lights in the subject subdivisions. HEA has claimed and still does claim that the existing fixtures and ballasts are no longer available. Gene Collins, of HEA, has repeatedly told the City that they would not do anything to fix the lights in these subdivisions and that the only way to get them working was for the City to purchase the replacements and install them. It has only been recently, within the last month, that HEA has attempted to restore the lights in these subdivisions. This attempt was made by fabricating an arm to come off the top of the pole and installing a discount -store type yard light. On August 6, 1985, a meeting was held between HEA and the City Council. Ron Rainey, HEA, and Bill Nagengast, HEA consultant, were in attendance along with City representatives 81ll Brighton, Tom Wagoner, Tom Ackerly, John Wise, Keith Kornelis, and Ed Oberts. At this meeting we talked about HEA not replacing the fixtures or ballasts because they were no.longer available. We also discussed the construction bid to replace these lights which was due two weeks later on August 20, 1985. Besides the City of Kenai purchasing and replacing the fixtures and ballasts on the existing poles, we also discussed ordering extra fixtures and ballasts to give to HEA as replacements for future repair work in the subdivisions. At the meeting you told me you wanted to check to see if that was necessary. At a later date you called and said that we should not bid replacement parts for the lights because you thought it would be better if HEA purchased them later on an as -needed -basis. After much reluctance and many years of trying to convince HEA to replace the lights, we went out for bid and awarded the contract to furnish and install the replacement lights in the above subject subdivisions. IN t• ti ti - F Mr. -Ron Rainey March 18, 1986 Page 2 ... .. . ; ...ter.:»._ You are pretty much aware of the series of events that have taken place since this bid opening. The City of Kenai has been told by General Electric that they can furnish and will furnish a fixture with a multi -tap ballast that can be easily used for 120/208/277/240 volt. This fixture will have one lead that can be easily plugged in i to any one of the above voltages. In other words, this fixture is i basically what the City of Kenai specified in the construction bid documents. The City of Kenai is at a point now where we need some definite answers from HEA. 1. Will HEA turn the power off to the street lights in the above su visions, allow city Electric to make the replacements that are necessary, and then restore power to the subdivisions of er theproject is comp e e 2. Will HEA accept these fixtures and take over the maintenance and operations once the new rixtures are in place s my understanding in talking -with eneral Electric that these fixtures have been the "bread and butter" of the company, are ; not obsolete, and the replacement parts would be readily available in the future. It is also my understanding that since the fixtures would then be high pressure sodium vapor, the operation and maintenance costs could possibly be lower. In any case the tariff that would be set for the maintenance and operation of these fixtures would be something that I am sure you can justify to the APUC in setting future rates. City Electric has stated that HEA will not accept these fixtures nor allow any other contractor to work on the lights in these subdivisions. This is contrary to what we have been told in the past by HEA and therefore we need a written response to these questions so that this project can get back on the right track. These light fixtures are in Kenai and once they are modified to meet ' the specifications they will be ready to be installed. I look i forward to your reply. i , i Sincerely, i Keith Kornelis, Director Public Works KK/sw L L a 0 Romer E18otrio AsBooia,tio3a, Zno. RIDGEWAY DISTRICT- 36130 KENAI SPUR HIGHWAY • SULDOTNA. ALASKA 99669 • 49071262.5831 April 23, 1986 Hr. Keith Kornelis Director of Public Works City of Kenai 210 Fidalgo Kenai, Ak 99611 Dear Mr. Kornelis: 1 As you stated in your letter of March 18th to me concerning ,.. i street lights in the City of Kenai, there are many problems that have been ongoing for several years. You also asked that two questions be answered directly concerning .;5.. replacement of lights in Woodland Subdivision. 1. HEA will not allow City Electric to work on the existing street light system without an agreement -j between HEA and City Electric. 2. HEA will not accept these new fixtures and take over •_�,. maintenance and operation as you have requested. • P y q Our yard light rates (no street light rate) are designed to recapture cost for operation and maintenance of inexpensive 175 watt fixtures. The fixture suggested by City Electric would be much more expensive to maintain and operate and -� we feel would be unfair to the rest of HEA's ..j 1 members. �\ We do offer two suggestions for solving this problem. 1. We will disconnect the existing system in Woodland and allow City Electric to install new street lights, new underground system and metered services. This would j result in ownership and maintenance by the City of Kenai. 2. We will replace any inoperative fixtures in Woodland with the yard light units like the ones we installed at the corner of Cedar and Elm. This would allow the City of Kenai to remain on the present yard light rate and full maintenance by HEA. 1; ..•. •�; i to ..� •..•. ^,•1"'.a, . '11 :'� at: .4 ! ris ,Et F !• i •► A Mr. Keith Kornelis March 23, 1986 Page 2 Keith, I am sorry for the misunderstandings that have occurred in the past. We are most willing to work with you and the City of Kenai to find the best solution with fairness to both REA and the City. Sincerely, Ron Rainey Manager, Ridgeway District a R OUBT I . MEMORANDUM i I t i TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director i DATE: May 13, 1986 at 1:30 p.m. SUBJECT: STATUS REPORT ON REPLACEMENT OF OBSOLETE STREET LIGHTS IN i OCT VIEW ,...-i WOODLAND, ED , AND N � -� Meeting with Homer Electric, Ron Rainey and Keith Kornelis; discussed HEA letter of April 23, 1986: - - - --^p 1. HEA can work out an agreement with City Electric which would - 1 allow City Electric to install fixtures. 2. HEA will turn street light system over to City and Ron thinks we can use an unmetered light. City would then pay for R & M of the lights and HEA would bill City $x for power consumption. f The $x would have to be arrived at. Ron will check on and write me a letter about: - 1. Will HEA install the new street lights throughout the City? If yes, how much will it cost? 2. Will HEA allow unmetered street lights? If yes, what would be charged; maybe base it on the most expensive flat rate metered lights? Y; MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Keith Kornelia, Public Works Director SUBJECT: STATUS REPORT ON REPLACEMENT OF OBSOLETE STREET LIGHTS IN WOODLAND, REDOUBT, AND INLET VIEW On May 1 1986 I received a phone call from Greg Frisbee, who has taken over as he General Electric representative for Alaska. He works out of Seattle, Washington. He stated that he wanted a copy of the street light replacement bid specifications. Mr. Dave Lico, .who was the Alaska G.E. Rep. from Anchorage, is no longer with G.E. and had not sent Greg Frisbee a copy of the specs. I therefore sent him a copy. On May 12, 1986 I again talked to Greg Frisbee. Mr. Frisbee had recelved the specifications and stated "It looks like the contractor ordered the wrong fixtures." He also stated he was coming to Anchorage next week and would talk to me then. KK/sw 'H11M Romer Meotric A00O01GLUan, Inc. • �' s RIDGEWAY DISTRICT 30130 KENAI SPUR HIGHWAY • SOLDOTNA. ALASKA 99999 • 49071262.0031 June 24, 1986 11A 44 f Mr. Keith Kornelis rrUl°9$ Director of Public WorNs City of Kenaicl���o 210 Fidalgo St. Kenai, Ak 99611 "• ,S ft�� Dear Keith: This is in response to you letter of May 25, 1986 concerning street lights for the City of Kenai. You letter covered two areas of concern, existing street lights and new street lights. Q �T I. Existing Street Lights A. We will work through you to reach an agreement r �� by which City Electric can change out the street ® lights in Woodland Subdivision for HEA. uV0_nfD B. HEA will accept the 250 watt fixtures but do request that the ballast be multitap so that existing under- ground wiring may be used. C. HEA will continue to maintain and operate these fixtures and will bill the City for time and material as in the past. II. New Street Lights A. HEA will install new street lights as requested by the City of Kenai. These will be billed on our existing yard light rate and installation cost for other than existing pole and secondary will be borne by the City. B. The unmetered street lights? Is unnecessary to answer as it is covered in "A11 above. C. HEA will install our standard yard light fixtures which are an open face disfuser 175 watt mercury vapor lamp, the 250 watt high pressure sodium enclosed refractor cobra head fixture and the 400 watt mercury vapor enclosed cobra head fixture. QThe city may request a specific head based upon location and purpose of light. L -1i Page 2 Street Light/City of Kenai We have a list of proposed street lights from your letter of June I 250 1885 and we feel this list should be updated and possibly 1 council action before we proceed. s I If you have any further questions or we may be of further assistance, please do not hesitate to contact us, } :1 Sincerely, r � A Ron Rainey District Mangy er 4 cc: Kent Wick, Gen. Mgr. U is 'L 5 i .. t f _ i t .3 • 1 • 1 Ty ELECTRIC. INC. ELECTRICAL CONTRACTORS 3700 RAINIER AVENUE SO. POST OFFICE BOX 3698 POST OFFICE BOX 60303 ROUTE 1. BOX 115 6-20-86 SEATTLE. WASHINGTON 98144 ANCHORAGE. ALASKA 99901 FAIRBANKS ALASKA 99706 KENA1. ALASKA 99611 REPLV To: Kenai Office REFERENCE City Of Kenai 210 Fidalgo Street Kenai Alaska 99611 JUM 1986 RE: PO 70694 I h- : .- Street Light Replacement, 1985, Cyr ri "';':•t ' Woodland, Redoubt, & Inlet View Subd. t �'."� :" : •: ': °• Gentlemen: (208) 722.0700 4907) 272.4531 0071 452.71 a8 0071 283.7969 I have attacehed two letters, from Graybar Electric Supply Co, and Mr Greg Frisbee, the GE rep, that are both self explanatory. It appears that City Electric has exhausted all possible options in trying to resolve this matter with HEA and the City Of Kenai, therefore, we have submitted our final invoice, #236E-29714, dated June 20th 1986, and wish this invoice be paid as soon as possable to avoid further finance charges. Once this has been paid, the City will be free to negotiate with Graybar, GE, HEA, or whomever for the disposition of these fixtures, City Electric would like to avoid this action. Our position from the bid date has not changed, with referance to multi -tap ballasts, substitutions, purchasing the wrong fixtures, and all other statements made by Mr Kornelis, this is fully explained by the letter from Mr Greg Frisbee. I am sorry that we could not complete our contract with the City Of Kenai, and hope that future projects go more smoothly. Yours ruly 'Frank Arbelovsky Manager City Electric Inc Kenai Division cc/Mayor Tom Wagoner Manager Wm.J Brighton Inv. 29714, Graybar letter/GE letter cc/SEA/ANC job file CITY ELECTRIC V1 L L 1 . IL F. WHIffLURY MANAGER K C. WWN .( OMRATINO MANAGER L. TELEPHONE (AREA CODE $Of) 1614214 0 G ba►�, ELECTRIC OOMPANY. >INO. $101 "A"ETN"*.T 1%0.11OX 4.1600 ANCHORAGE. ALASKA 99309 TI.LtiA 090•32.140 RECEIVED 'I i Jul' 16 rJQQ City Electric riq Me '''0, Inc. PO Box 115 Kenai, AK 99611 's Ref: GE Lighting Fixtures G p 1 1 �iDear i Frank, P a t. .4 QO Please review enclosed photocopy of letter from Greg Frisbee of GE '• fit. j Lighting. To summarize, GE's position is that they will supply new A"'. w�14 ph'' ; ballast trays of the correct wattage and voltage for the TC40OR luminaires already in Kenai. GE will not accept return on the existing Ale ballast trays. As indicated in the letter the ballast, starting aid, �y 0 ! and capacitor are compatible with many of their street lights which 4 C.40 , I AAP are probably being used in Kenai at this time. 1 N In reference to the return of the complete TC40OR luminaires, GE �r st will still accept a return on the fixtures with a 502 restock charge pM, ! providing that freight is paid both ways from Hendersonville, NC to Kenai, AK. GE was approached with the possibility of supplying a number of street luminaires in exchange for extending a more agreeable return on the TC40OR luminaires. They declined based on the fact that ,3 the factory establishes return priviledges and new business can have �l` �% '.a'.. no bearing on what the factory's return priviledge on old business will �G� be. r h Frank, at this time the logical choice seems to be to replace the ballast Qt /<— trays in the TC40OR luminaires to make them useable in your projects. `0 9 7�e '. With the 50% restock charge and freight factor a return of the luminaires to GE will result in a very negligible credit. I am sorry that GE has taken a hard line on this order and I wish I could do more to alleviate _ this situation. T will await your response. i —. - - —. Sincerely. t Don Schield .. ' Sales Representative • i E - aq) i, is 0 ..i 1 t /t � n a Mr. Don Schield Graybar Electric Co. P.O. Box 4-2600 Anchorage, AK 99509 RE: City of Kenai/TC-400R Luminaires Dear Don, F cc. Dave Lico CESD I have reviewed all the notes and correspondence available on the above street lighting project and feel that a few items need clarification. 001 At bid time the specifications called for a multi -tap ballast for these fixtures. Our factory informed us that only of single voltages were available and that we have never built a -volt 250 1.1o0 yp%p multi watt HPS in this fixture. This was or 'r am - ��• communicated to all parties prior to the bid. e project was awarded to City Electric. They submitted the TC-400R :luminaire with PE recptacle for 250 watt HPS 240 volt and were approved. An order was placed and the No eVe 'fixtures F�Oi° I pd NU fixtures built and shipped. U r O geeNa d Apparently a quantity of 59 of these fixtures must be (`G p,some voltage other than 240. Earlier this year Mr. Dave Liao ,� 0°4`�` was asked if a multi -volt 250 watt HPS could be built to help �p J�D b��t°o� resolve the pro em. After muchdiscussion our factory agree o manufacturer 59 of these kits. we never received an order- for them, 0 . 09 a In early April this year I received a copy of a letter to Dave Lico S a 044 from Mr. Keith Kornelis of the City of Kenai. Dave Vra�ot 4 asked me to discuss this problem with Mr. Kornelis. At that time �r all I had in my possession was a copy of the fixture order and Mr. Kornelis' letter. Based on the information I had at the time I was under the impression that the wrong voltage had been ordered. Of course that is not the case since the 240 volt fixture was approved had severe +(_,'vX r ID N �� conversations with Mr. Kornelis and the subject of multi -volt gpoR0 -ballasts came up several times. Somehow the impression was given that a multi -volt 250 watt HPS system was available at bid time.,True, we have made and still make many of our fixtures with this type of ballast but have never done so in the TC-400R. This fixture is used primarily for residential street lighting applications, usually at 120, 240 or 480 'volts. These are the numbers we typically catalog. The multi - volt portion of the specification probably arose from a mis- �v interpretation of a paragraph in our guide form spec GEA- -;: ------ ' ?284G which reads: - e��'�� '�Q The luminaire shall contain an integral ballast of the Pt regulator,auto-regulator) type capable of operating from a 04 oe Q multiple(120, 208, 240, 277, 480) volt 60 Hz power source. This is intended to have the specifier select one of the listed voltages. Also the word multiple refers to the + VS distribution system type i.e. multiple vs series wiring. i.l h 'i h During later conversations with Mr. Kornelis he informed 'f; y 4 me that the utility was questioning the use of 250 watt HPS i t+, v in these fixtures and that the rate structure to the city may is h a �� ' have to be adJusted or even the fixtures returned. On May 4 22nd I asked Mr. Kornelis if a 150 watt HPS lamp and multi- %(� volt ballast would fill his needs and satisfy the Y requirements of the utility. He replied that he would take this information to the City Council and the utility. Our ' V factory will manufacture a 150 watt HPS multi -volt ballast for this fixture in lieu of the 250 watt system proposed earlier. ; If this solution is accepted there will be a charge for i the 150 watt system and the City of Kenai will have 59-240 �y � volt 250 watt HPS ballasts that the factory does not want returned. My suggestion is that the city or the utility keep O6s. them and use the parts to ropair other 250 watt G.E. fixtures dof P , in their system. The ballast, starting aid, and capacitor t. = common to several of our street lights and floodlights. lit Please forward this letter along with your comments to d E' City Electric and Mr. Kornelis and inform me of their decision. i�. I hope these suggestions will lead to a timely solution and one that satisfies all parties. U Serly, �- Greg R, ee� Lighting Systems Engineer �Y: . i .. ( -0 7 .." -11 A ANCHORAGE OFFICE * KENAI OFFICE ANCHORAGE, AIASKA "501 KENAI. AIASKA 996 116 INVOICE �►3540HOKSOFFICE CITY ELECTRIC INC. SSrO HOIT ROAD fA1R8ANKS. AIASKA 99f0! 3700 RAINIER AVE. SO. SEATTLE, WASHINGTON 981" 1*1700 AREA CODE 106 722.0700 GATE CUSTOMER ' - - ' TO CITY OF KENAI ORDER NO. 210 FIDALGO STREET KENAI, AK 99611 MAKI ALL REMITTANCES TOI 3M RAINIER AVENUE SEATO. WASHINGTON "I" June 20, 1986 i NO. 236E 29714 DESCRIPTION Furnish 59 Street Lights Hauling materials .LABOR = FM WM ST 13.0 hrs. @ 51.55 hr. + 670.15 MATERIALS: Graybar Elec 166228 Graybar Elec 168131 Graybar Elec 168498 Graybar Elec 168364 Graybar Elec 168259 20% Handling TOTAL MATERIALS: a ji, Hauling materials � QUIPMENT USE : sa.*ysoo Truck 5.0 hrs. @ 10.00 hr. 531.00 1,180.00 631.58 17,684.24 18 947.40 38,— 74.22 ' 7,794.84 46,769.06 ; 1 50.00 TOTAL INVOICE: $47,489.21 Finance Charges: 2/11-3/10/86 712.34 3/11-4/10/86 712.34 4/11-5/10/86 712.34 -f' 5/11-6/10/86 712.34 6/11-6/20/86 237.40 TOTAL DUE THIS INVOICE: P, $50,575.97 t- 0 b1' r 1 �t71 4 �p yes J a a �-0 i. p o6 A} ., _17 CITY ELECTRIC INC. 3700 RAINIER AVENUE SOUTH SEATTLE, WASHINGTON 98144 (206)722-0700 D E L I N QUENCY NOTICE DATE ADDRESS 5/21/86 CITY OF KENAI _ _. ' KE 210 FIDALGO STREET ACCOUNT NUMBER C' 21 HAT, AK 99611 71700 INVOICE DATE JOB/SUB DESCRIPTION INVOICE NUMBER NUMBER AMOUNT ;.- 29460 1/21/86 236E 59 Street Lights 49,068.53 3/10186 Finance Charge 736.30736.30 4/10/86 Finance Charge 5/10/86 Finance Charge 736.30 Y. CURRENT 30 DAYS 60 DAYS 90 DAYS Et OVER 4. 736.30 736.30 736.30 49,068.53 TOTAL BALA.N' 51,295.43 l � " 1 CITY OF KENAI %Od Lap" o f 4"" MO FIDALGO KENAI, ALASKA Yiitt TELEPNONE263- MIS MEMORANDUM TO: Wm. J. Brighton, City Manger FROM: Keith Kornelis, Public Works Director DATE: September 17, 1986 FOR: CITY COUNCIL MEETING OF SEPTEMBER 17, 1986 SUBJECT: AIRPORT -SAFETY ZONE/TIE DOWNS/TAXIWAY INSPECTION/SURVEYING/TESTING Attached is McLane A Associates, Inc. proposal for Construction Management, Inspection, Surveying, and Testing. I thought the proposal was submitted at last Council meeting, but it was not and needs to be added to this Council meeting. I REQUEST THE CITY COUNCIL: 1. Add to the 9/17/06 Agenda: Airport - Safety Zone/Tie Downs/ Taxiway award of inspection to McLane and Associates, Inc. 2. Pass a motion: I move that the Council of the City of Kenai approve the contract with McLane and Associates for the Construction Management, Inspection, Surveying, and Testing on the Project entitled "Airport - Safety Zone/Tie Down/Taxiway Improvements" for the not -to -exceed amount of $759000. KK/ sw L L 7 PF �AWMCIATM9 MoL.ANO a INC PIK) ENGH E IS. SURVEYORS 6 PLANNERS August 27, 1986y' Pta" Mr. Keith Kornelis, Director City of Kenai Department of Public Works 210 Fidalgo Street Kenai, Alaska 99611 RE: Kenai Municipal Airport - 1986 Improvements Construction Inspection, Surveying, and Testing Proposal Dear Mr. Kornelis: The following is our proposal to provide professional services for the subject project. These services will basically include, but not be limited to: i - Construction Management - Construction Inspection - Construction Surveying 1 - Materials Testing/Quality Control - Computations/Pay Estimates The foregoing services shall be provided for the following estimated fees: Schedule Inspection/Testing Field Surveys l Basic Bid $ 43,000.00 ��o $ 29,500.007�75� Add. Alternate #1 2,000.00 500.00,E � Add. Alternate #2 N/C N/C i The scope of work will coincide with the portions of the project so awarded (fees accumulate per addition of additive alternates). All billings shall be in accordance with our attached personnel, equipment and laboratory fee schedules, dated February 7, 1986 and March 17, 1986 respectively. There- fore, dependent upon the final project awarded, our fee shall be a not to exceed figure which correlates with such basic costs plus additives as so desired. Also, a breakdown of the costs for these services, per work portion are included on the attached sheet. Sincerely, FOR COUNCIL h[.iEL'TIVG OF City Itlgt. --L] AttoHley Bruce Robson, P.E. Public Wark; --0 City Cls* McLane and Associates, Inc. ---ad Fina ----j] � Orlolnal T Submitted 8 BR/sm Council OK (]No []Yes C" Attachments P.O. BOX 48B BOLOOTNA, AK BBBBB 907-2e3-421 B 1 r • � u • �A880CIATNW, MoLANO INC. PROFESSIONAL EMQINEE FIS. SURVEYORS & PLANNE FIS is '.. .3 ; CITY OF KENAI DEPARTMENT OF PUBLIC WORKS G_ f KENAI MUNICIPAL AIRPORT 1986 IMPROVEMENTS AIP No. 3-02-0142-03 3 Engineering Design and Construction Services 4 9 9 Fee Schedule for the above project: Schedule Design Inspection Schedule A - Site fill w/ C.O.E. Permit $ 22,200 $ 29,500 " Schedule B - G.A. Apron 9,800 22,700 Subtotal (F.A.A. portion) 32,000 52,200 a Schedule C, D, and Additive Alternate 1 & 2 Taxiway Improvements Total All Work J 4 � d 4 S 8,200 40,200 22,800 75,000 C i By P—> r=. .J McLane and Associates, Inc. August 27, 1986 P.O. BOX 4E38 BOL.00TNA. AK 99BBB B07-283-421 B X L J� I ft � a ' Technical Personnel, Survey Crew & Specialized Equipment, Fee Schedules " Effective February 7, 1986 RATE II SCHEDULE 4 Straight Time Overtime Description Per Hour Per Hour TECHNICAL PERSONNEL Professional Land Surveyor (LS) $ 70.00 $ N/A I. ,c Professional Engineer (PE) 70.00 N/A Civil Engineer III (E3, E30) 60.00 75.00 Civil Engineer II (E2, E20) 58.00 72.00 i Civil Engineer I (E1, E10) 52.00 66.00 -7: Surveyor II (L2, L20) 58.00 72.00 Surveyor I (Ll, L10) 52.00 65.00 t. Soil Technician (ST, STO) 48.00 62.00 Computer Technician (CT, CTO) 40.00 54.00 -� - Engineering Technician (ET, ETO) 45.00 59.00 fi Draftsperson (D1, D10) 38.00 52.00 Clerical (S1, S10) 30.00 39.00 ,u SURVEY FIELD CREWS, STANDARD Straight Overtime #` INCLUDES STANDARD EQUIPMENT Crew Man Crew Man d 'i Chief of Parties (F1, F10) 50.00 64.00 i Field Crew, 2-person (F2, F20) 82.00 41.00 110.00 55.00 j ..-_ Field Crew, 3-person (F3, F30) 117.00 39.00 159.00 53.00 Field Crew, 4-person (F4, F40) 148.00 37.00 204.00 51.00 SURVEY FIELD CREWS, TITLE 36* j (When Applicable) Straight Overtime j +i. INCLUDES STANDARD EQUIPMENT Crew Man Crew Man Field Crew, 1-person (CF1, CF10) 55.00 73.00 Field Crew, 2-person (CF2, CF20) 127.00 63.50 158.00 79.00 Field Crew, 3-person (CF3, CF30) 186.00 62.00 231.00 77.00 Field Crew, 4-person (CF4, CF40) 244.00 61.00 304.00 76.00 SUPPLEMENTARY INFORMATION The hourly rates are portal to portal from McLane & Associates, Inc. located M at Mile 3.5 Kenai Spur Highway. Standard equipment shall be defined as all necessary Field Crew items i including theodolites, electronic measuring equipment, auto -levels and Mobile -- - - - -, FM Radios. - - - - ;- Other available equipment not included in these hourly rates are listed on the Specialized Equipment Fee Schedule. Transportation and subsistance while away from Kenai when not provided by the client, are billed at the actual cost plus ten percent (10%) overhead. i 1 k *The above rates are in accordance with the Department of Labor requirements I as per AS 36.05.010 and AS 36.05.030. Above rates include insurance coverage with limits of General Liability to $500,000.00, and Professional Liability to $1,000,000.00. Certificate of Insurance available upon request. j ,._ IN US, f ��. _ _ Fee Schedule for Specialized Equipment Rates Effective February 7, 1986 REPRODUCTION Photocopy, Per Copy $ .15 Blue Line, Per Square Foot .35 COMPUTER SYSTEMS Hourly Rate Hewlett Packard Model 85 (HP85) $ 20.00 with 7580 A Plotter & Printer (COGO, Plotting & Earthwork Software is included) MISCELLANEOUS EQUIPMENT Daily Rate Raytheon Recording Fathometer $ 30.00 Uniflite Cabin Cruiser, 34' & Other Work Boats Upon Request All -terrain Tracked Vehicle 150.00 Bombardier Muskeg Tracked Vehicle 300.00 (8000 Lb.) Double Tracked Snow Machine 30.00 A.T.C. 200, with trailer 50.00 Per Hour Bombardier Muskeg with Acker Drill Unit* $ 95.00 Mobilization for miscellaneous equipment will be quoted on a per -job basis. *This rate does not include expendables which are cost plus ten percent (10%) overhead. L i K 1 c My K 8 a ABBOCIAT®B, INC. Laboratory Fee Schedule PAOReS3tONAL ENt91NEEAH. BURVE'ORB 6 PLANNERS Effective March 17, 1986 Price Applicable Laboratory & Field Test Methods' Unit ! Code Standards Soil Test Description _ Price __ U1 ASTM D422, D1140 Combined Coarse & Fine Sieve Analysis, Washed Z 65.00 Each U2 ASTM D422 Coarse Sieve Analysis, Unwashed 45.00 Each f U3 ATM T-4 Fracture Count, Plus #4 Sieve Material 20.00 Each U4 ATM T-4 Fracture Count, Plus 010 Sieve Material 30.00 Each U5 ASTM D422 Hydrometer (30 minute Frost Classification) 50.00 Each U6 ASTM D422 Hydrometer (Full 24 Hour Readings) 65.00 Each U7 ASTM D2487, D2488 Visual Soil Classification, Sample Grouping 12.50 Each ADTM D2216 Moisture Content, & Dry Strength Ud ASTM D2216 Moisture Content Only 7.50 i Each U9 ASTM C127 Specific Gravity & Absorption (Coarse Aggregate)' 45.00 Each Ull ASTM C128, D854 Specific Gravity &.Absorption (Fine Aggregate) 75.00 Each U12 ASTM D4318 Liquid Limit, Plastic Limit & Plasticity -Index 65.00 Each U13 ASTM D2974 Organic Content of Soil by Loss on Ignition 50.00 Each U14 ATM T-13 Degradation of Aggregates 175.00 Each U35 ASTM D1557 Compaction Standard (Moisture -Density 270.00 Each Relationship of Soils & Soil -Aggregate Mixtures) U38 ASTM D2922, D2167 Field Compaction Test (By Nuclear Densometer 45.00 Each ASTM D1556 Rubber Balloon or Sand Cone Methods) NDR ASTM D2922 Nuclear Densometer Rental (In Addition to 15.00 Hour Technician Time), Concrete and Asphalt Test prices are located on Page Two. -- .- Laboratory Hours are 8:00 AM to 5:00 PM, Monday through Friday. Overtime testing, field or ;k'. laboratory tests performed outside regular hours or on weekends will be billed at 1.25 times the regular rate. ..:,. Additional test methods not listed in this fee schedule will be billed on a time and material basis. P.O.60X 48B BOLOOTNA. AK 99E3B9 ew-sm-421 B L L -�, 7 rm_�_ �_i_ t i McLANB & ASSOCIATEO, INC- Laboratory Fee Schedule PROR SIONAL BVM PEERS. SURVEYORS & PLANNERS Effective March 17, 1986 " + Page Two •31 - Price Applicable Asphalt Quality Control Unit Code Standard Test Description _ Price UAl ASTM D1559 Bituminous Mix Design by Marshall Method 1,400.00 Each - ' UA2 ASTM D2172 Bitumen Content Centrifuge Extraction 160.00 Each Method A with Graduation and Ash Correction UA3 ASTM D2172 Bitumen Content Reflux Extraction 145.00 Each Method B with Graduation and Ash Correction UA4 ASTM D1559 Marshall Maximum Density, Stability, Flow, 150.00 Each 6 Voids. (3 laboratory compacted specimens) UA5 ASTM T-14 Coating 3 Stripping of Bitumen -Aggregate Mixtures 100.00 Each UA6 ASTM D3549 Thickness 6 Density of Codipacted Bituminous 50.00 Each ASTM D2726 Pavement by the Coring Method UA7 ASTM D2950 Density of Bituminous Pavement in Place 45.00 Each by the Nuclear Method Price Applicable Concrete Quality Control Unit Code Standard Test Description Price Cj UC1 ASTM C31, C143 Field Cast 3 Cylinders, Test 1 Slump 3 75.00 Each ASTM C173 1 Air Content UC2 ASTM C31 Field Cast 3 Cylinders Only 48.00 Each �! UC3 ASTM C143 Additional Slump Test Only 17.50 Each s.. UC4 ASTM C173 Additional Air Content Test Only 18.50 Each " UC5 ASTM C31 Extra Control Cylinders 17.50 Each .'� UC6 ASTM C138 Field Yield or Unit Weight 20.00 Each UC7 ASTM C39 Cure 6 Test Compressive Strength of Cylinders 21.00 Each Cubes, Prisms or Cores UC8 ASTM C42 Concrete Coring per inch (in addition to tech time) 16.00 Each UC9 ASTM Various Concrete Mix Design. Billed on Time 6 Materials T 6 M �..-. Basis and Unit Price combined. x j ;= P.O. BOX 48B SOLOOTNA, AK 99689 907-263-4218 .J - .. L V.` G--�a INFO # CITY OF KENAI rod ed,dd ej 4"„ 210FIDALOO KENN,ALASKA M11 TEMMONE283- 8i MEMORANDUM TOt Wm. J. Brighton, City Manager FROM: Keith Kornelia, Public Works Director DATE: September 17, 1986 FOR: COUNCIL MEETING OF SEPTEMBER 17, 1986 SUBJECT: FLIGHT SERVICE STATION The contractor, Woodard Construction, on the above subject project has requested approval to substitute the specified Floating Floor Inc. access floor with an access floor by Hitachi. The Architect, Carmen Gintoli, and his sub -consultant Franklin & Allen, have studied the specification on the Hitachi system and have found ". . . the Hitachi system is equal to, and in some areas exceeds the specifications" (FSS specs). Based on the architect's determination that the Hitachi system is equal to or better than specified, the Public Works Department plans on giving written approval to make the substitution. I suggest bringing the matter before the Council because a competing bidder objected to a substitution for the access floor at the Council meeting awarding the project. His objection, however, was that no other floor could meet the specifications. The architect has determined he was wrong and Hitachi does. Hitachi access floor system is secs table for use on the Flight 29ta on. -r_ e L F carmen rAnn:BM 130 trading road, suite 330 kenai,alaskb 99611 907 283-7732 el-1747-' 44a A T 0 City of Kenai o 210 Pidalgo St - Kenai, Ak. 99611 Attn: Keith KorneliSr Dire DLrec Public Works Department Re: APSS Dear Keith: The contractor for the reforrenced project has requested approval substitute for the of the Hitachi access floor system as a Floating Floor Inc. system specified. Afton careful review of the information submitted on the floor panels and pedestaisir including a review of seismic calculations is equal tor in we had requestedjr we find he Hitachi system some areas exceeds a specrficat ions. The only difference we find is our specifications states that the Hitachi carpet tiles shall be applied by the panel manufacturer. 0 employs a firm, in California which WILL 0011 to the panel surfaces at their factory. we feel this meets the intent of our specificationj that being quality control which may not have been available on the Job site. The contractor has been notified to make a complete submittal in accordance with the specifications for our final approval. This is a formality and required for file records. Please feel free to contact us should you have further questions. Sincerely, OUNUL 'Gr jF carmen vincent gintolit architect FOR CCity hi9r. ---Jj Attorrry _t9m3lic Work Ci'Y CIOX Fi . Ll U 0441 I doI T� Su U11jjLt4;j CyCouncil OK [INO OYO - Carmen V. Gintoli LVG/lg Enclosure ,i -->----'--- -A i carmen wincent gintagLarchit®ct 130 trading bay road, suites 330 kenai, alaska 99611 907 283.7732 City of Kenai 210 Fidalgo St. Kenai, Ak. 99611 Attn: Keith Kornelis. Dirac "sip Public Works Department Res "SS Y-/7-86 T , 6i�'ocr �+. ra.s .u9a r Z./D.L7D(^R+Ir![14siR!-n �S�pN I»Acs Dear Keith: The contractor for the referrenced project has requested approval of the Hitachi access floor system as a substitute for the Floating Floor Inc. system specified. Aften careful review of the information submitted on the floor panels and pedestals, including a review of seismic calculations s we had requested, we find the Hitachi system is equal to and in 3 some areas exceeds -the spec cat ons. The only difference we find is our specifications states that the carpet tiles shall be applied by the panel manufacturer. Hitachi employs a firm, in California which will bond the carpet squares to the panel surfaces at their factory. We feel this meets the intent of our specification; that being quality control which may not have been available on the job site. The contractor has been notified to make a complete submittal in accordance with the specifications for our final approval. This is a formality and required for file records. Please feel free to contact us should you have further questions. Sincerely, carmen vincent gintoli, architect Carmen V. Gintoli CVG/lg Enclosure -_-_ - -�_- - - �' -" '.__._.. -tip .. _ - '• =- ---`-' 9:i�-ale FOR COUNCIL hil{e1G:G GF _(3 City hlhr. --L] Atterrey —public Works ----V Ci:y Clerk —U Fihan 1, Orlalnal To Submitted 6 Council OK [JNo [3Yes ------ L FRANKUN AL ALLEN, INC- 1813 Fast First Avenue Consulting Engineers suits 007 Anchorage, Alaska 8950 1967) e77-1831 September 15, 1986 lj Carmen Vincent GLntoli 130 Trading Bay Road Suits 330 Kenai, Alaska 99611 Re: Job No* 85-008, FSS @ Kenai Dear Carmen, At your request I have reviewed calculations for the computor access floor submitted by Hitachi Metals America* The following are my conclusions: I* With the exception of the 850 lb. rolling specified In section 2,02 A,,69 the submittal does not address any of the specified live load requirements* 4 2, The UBC, 1985 Edition requires for seismic zone 4 that the full dead . i f load, 25% of the live load, and a 10 psf partition be considered when calculated the seismic forces* For the referenced facility the following loads would be required. Dead Load 1. panels W 3.7 psf 2. pedestals 0 2.0 psf Live Load 25 2 of 350 psf = 87.50 psf Partition Load = 10.0 psf Total 103.2 psf This load is less than or very nearly equal to the loads used in the calculations and therefore is acceptable* calculations for computing the acceleration of 3, The method used In the f. gravity which the floor can withstand is a well known accepted met hod. It appears that Hitachi has considered all the parameters and have correctly applied the required loads. The Hitachi floor appears to meet or exceed the requirements of the UBC, 1985 Edition very truly yours, James Allen, P.S. �1 d ;�1 1 �r sj s , f . r { r :} .-r • t VISION 0 CTION 0NTRA00031 T A(}E 1 OF 4 ARTICLE 9 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 9.1 CONFLICT 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 (REFERENCE INSTRUM-015 -TO , 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 DOCUKZffTS CTION TO BIDDERS, ARTICLE 3) 9.3.1 The deposit referred to for Bidding Documents shall be a nonrefundable fee as stated in the Advertisement for Bid. •9.4 SUBSTITUTION OF MAT R.MS AND METHODS ICLE 3) • 9.4.1 Materials and methods to be bid under 'LUMP SUM BASE BID' shall include ONLY materials and methods which are included in the original Contract Documents and addenda thereto. 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 name } or manufactures name has been listed, any of the listed names may be bid subject to any particular conditions for substitution of ` materials which apply equally to any item specified either in the i written Contract Documents or on the Contract Drawings. i 9.4.2 When required by the Specifications and provided on the Bid Form, the Contractor shall bid alternate materials, methods,or scope. i 9.4.3 Generally NO SUBSTITUTES will be made after the award of the Contract. Substitution will be considered only if, after award of the Contract, the Contractor submits proof in writing that a material which was specified and bid, or accepted by an Alternate Proposal, has since become unavailable for incorporation into this project. Substitution shall be i considered a change in the Work and can only be authorized by a written Change Order. 1 E-1 F ti i DIVISION 1 GENERAL RS IREMENTS SECTION O1 00 SUBSTITUTIONS PAGE 1 OF 1 .A V } . —fit is i T SECTION 01600 SOBSTITUTIONS i PRMUCT OPTIONS PART 1 SAL 1.01 DESCRIPTION A. Reference to any equipment, materialt article or patented process by trade name, make, or catalog number, shall be regarded as establishing a quality and shall not be construed as limiting competition. B. The Contractor may► at his option• use any equipment material, article, or process which, in the judgement of the Contracting Agency, is equal to that named unless "NO SUBSTITUTIONS" is called out in the Specifications. C. No items will be considered for "or equal" approval prior to Contract Award. Approval of substitutions shall not be held to have relieved the Contractor from timelyr full, and proper performance of the work in accordance with the intent and meaning of the Contract Documents► of responsibility for the proper jointing of various parts of the work, nor from the required guarantees and maintenance provisions. D. The Contractor shall provide submittals for Substitutions and Product Options in accordance with Sections 01340 and 01360 of the Contract Documents. Machinery► equipment, materials, and articles installed or used without required approval shall be at the risk of subsequent rejection. E. The Contractor shall provide Technical data outlining any a, nd all differences between the products or methods specified and the products or methods proposed as substitutions. F. The burden of proof of the equality of a proposed substitution is that of the Contractor. G. All equipment, material► and articles incorporated in the work covered by this Contract are to be new and of the most suitable grade for the purpose intended. The Contractor shall not re -use any materials or equipment which are not specifically shown to be reused without the permission of the Owner's Representative. PART 2 PRODUCTS (not used) PART 3 EBECOTION (not used) END OF SECTION 49 L e Id C r DIVISION 10 i SPECIALTIES SECTION 10270 ACCESS FLOORING PAGE 3 OF 5 PART 2 Pli0DUM 2.01 GED18Zt1ilL A. Designs Design is based upon the specified products of the named manufacturer, and the Drawings reflect recommended installation details and the desired configuration and 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 MATBRiALB A. Flooring Systems 1. Sol id panel s, when in pi ace and functioning as part of the complete floor system, shall be capable of supporting a concentrated load of 1,000 lbs. on one square inch, with a maximum deflection of .080". Floor shall be capable of carrying a uniform live load of 350 lbs. per square foot, with a maximum defelection of 040". Maximum permanent set at design loads shall not exceed .0100. Minimum safety factor at design loads shall not be less 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-lbs. 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 requirements of U.B.C. Siesmic Zone 4. 276 L j -.. -I Z '.Afi 1.. rZ oI f> . . . . . . . . . . . 11 'ich series of e of a ries of Research Reports L on major empirical studies of conditions "'and policies in America's municipalitie s F, %4 A* 4 -.,-;NATIONAL LEAGUE OF CITIES �-t 4 a u NOTICE A CORRECTION HAS BEEN MADE IN THE FILMING OF THE PRECEDING DOCUMENT(S) TO ASSURE LEGIBILITY. THE REPHOTOGRAPHED IMAGES) APPEAR IMMEDIATELY HEREAFTER. .7%*I�/�_ - ++; i' 1'it'.tY;,tj.�.Y at g `N.1 •,__ I'N —I OF ,j _ :',fit:-..�,:.�.:✓r+:,�•�s"K.'••`;• 7 _ ( f i 4 �i i r• ! 'S L. K NLC's "Research Reports" series consists of empirical studies about conditions and policies in America's municipalities. The series editor is William Barnes, Research Director, NLC. Reports in this series include: • Capital Budgeting and Infrastructure in American Cities • ". • Employment Problems and America's Cities ` L; • City Fiscal Conditions and Outlook for FY 85 • City Fiscal Conditions in 1986 ` JJi I FOR ORDERING INFORMATION ON THESE OR OTHER i ' NLC PUBLICATIONS, CONTACT: Publications Sales National League of CUles 1301 P narylvonla Avenue, N.W. - Washington. D.C. 20004 =. (202) 626 3000 . x i. i. .wr M ■ %0&'Kz Xaa%.aL %0WOU1A"LUND AN LZUV by Douglas D. Peterson Senior Policy Analyst National League of Cities July 1986 K, A Research Report of The National League of Cities L Copyright @ 1966 by the National League of Cities Washington, D.C. 20004 ISBN 0-733729-11-1 4 I. Price: 010.00 per copy to NLC members r. 015.00 per copy to Von -members Please add MOO for postage and handling. Special rates available for multiple copies. U 7 TABLE OF CONTENTS Page PREFACE. . . . . . . . . . . . . . . . . . . . . . . . . . . SU12IARY . . go ease* . . . . . . . . . . . . . . . . . . ACSNOWL]WEMSNTS . . . . . . . . . . . . . . . . . . . . . . V. I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . 1 II. THE 1986 SURVEY . . . . . . . . . . . . . . . . . . . . 3 III. REVENUES . . . . . . . . . . . . . . . . . . . . . . . . 7 IV. EXPENDITURES . . . . . . . . . . . . . . . . . . . . . . 13 V. THE MIS -MATCH BETWEEN REVENUES 17 AND EXPENDITURES . . . . . . . . . . . . . . . . . . . . Vi. CITY EMPLOYMENT . . . . . . . . . . . . . . . . . . . . 23 APPENDIX - LIST OF CITIES THAT RESPONDED TO THE SURVEY . . . . . . . . . . . . . . . . . . . . A-1 L L L r �1 /' 4 i PREFACE 'I •. This fourth annual National League of Cities (NLC) report on city -:; fiscal conditions presents the results of a survey sent to all "L i NLC's direct member cities in January of 1986. The survey was conducted by the Office of Policy Analysis and Development of the National League of Cities. The development of the survey -� - - - instrument, analysis of the data, and preparation of this report, were the responsibility of Douglas D. Peterson, NLC senior policy • - Analyst. This survey differs from previous reports in this series in two regards: (1) the opinion survey of city officials regarding _.. their outlook on future conditions is now conducted and reported separately by NLC= and (2) the number of cities surveyed and "s responding has been increased. fi it is our hope that conducting this survey and publishing this report will contribute to a -continuing discussion and better understanding of financial conditions in America's cities and - towns. it is our further hope that this will in turn lead to },.. more informed policy -making directed at improving those conditions. °a !, Alan Beals i Executive Director National League of Cities 0 CITY FISCAL CONDITIONS IN 1986 SUNKARY NLCIB fourth annual survey on city finances was sent to 1r279 direct member cities in January 1986. Surveys were returned by 60 cities. Questions were asked about city general funds and employment over three years. 1. Revenues. One-third of responding cities expected revenue U. to h-o—ldsteady or decline. Sixty-two percent expect their 1986 revenue growth to be five percent or less. 2. EIRenditurese In 1986 sixty-two percent of responding cities see expenditures growing at a rate exceeding five percent. 3. Revenues C2aared to Ezvenditurets. Fifty-six percent of the cities see expenditures exceeding revenues in 1986. This is up from only 24 percent of the cities in 1984. .,P, 4. Financing the Revenue Ezvenditure Deficit with Beginning Balances. cities will be reducing their General Fund Balances • ---f-T— to Rance the revenue expenditure deficit. Fifty-nine percent expect to report a lower balance at the end of 1986 than at the beginning. One -fifth of the cities expect to reduce their balance by 50 percent or more during 1986. S. city Bm9lMente A majority of cities report municipal worklorces being held constant or declining. Average rates of employee growth are higher in the South and West than in the Northeast and Midwest. ILL — IBM i 5; J' v • :r ACKNOWLEDGEMENTS t i would like to express my appreciation to a number of individuals o i who made the preparation of this report a reality. First, and most importantly, to the 660 city officials who took '.. time from their responsibilities to complete the survey instrument, without their prompt and conscientious participation, the report ---.-- would not be possible. Secondly, to Mr. William Davis, Director of NLC's Office of Policy Analysis and Development and Mr. William Barnes, NLC's Research Director, for their continuing oversight, guidance and encouragement. Thirdly, to Ms. Deborah E. Johnson and Ms. Althea L. Ray for their } patient and skillful conversion of handwritten drafts and computer printouts into readable form. 4 Finally, special thanks to: Ms. Karen Banker of the National NLC's Lincoln Association of State Budget officers; Mike Pagano, Government Fellow; Frank Shafroth, NLC's Director of Federal Relations; and Randy Arndt, NLC's Director of Media Relations for their helpful reviews of the draft document. Whatever shortcomings remain in the document are mine! Douglas D. Peterson Senior Policy Analyst s Office of Policy Analysis and Development I. INTRODUCTION America's 19,000 cities are significant financial actors in the governmental system of the United States. Cities spend 10 percent of all government expenditures, employ 13 percent of all govern- N ment employees (including the armed forces). Over 62 percent of all U.S. residents live in cities and 81 percent of personal income is earned in metropolitan areas with cities at their heart. American cities are diverse in their organization, functions, economic characteristics and sizes. They range in size from New ,V York City, whose population is larger than all but seven states, ,i whose workforce is larger than the population of all but 32 ij American cities and which spends almost 18 percent of all money spent by U.S. municipalities, to the smallest incorporated places which provide virtually all of their services through the use of v volunteers. As the statistics cited above demonstrate, monitoring the financial condition of municipal governments is an important task to both public officials and citizens. Since 1982 the National League of Cities has conducted annual financial surveys to help sketch the outline of city fiscal conditions on a timely basis. This report is the 1986 con- tribution to this series. There are other data sources on city finance, but there are significant delays in the availability of this data. At the state level there are usually statutes requiring the centralized filing of financial documents such as budgets, audit reports or specialized reporting documents. There is usually a significant delay in the compilation and publication of the reports which summarize this data. Another major limitation is that the information is not reported in a standardized manner. The U.S. Census conducts annual surveys of municipal finance which are quite comprehensive and do report the data in a standardized format, but again there are significant lags in the availability of the information. L L F0 �1 -2- Throughout this report the emphasis will be not to aggregate the municipal financial experience, but to illustrate the variations. If the financial transactions of all cities are simply added up the result is a homogenization in which the variety of experience is lost. while averages will be reported to help gauge overall trends, the emphasis will be on demonstrating the variations at least on a population size or regional basis. Ultimately each city must be viewed individually. The purpose of this report is to provide some overall national standards of comparison to aid in these individual assessments and to contribute to national policy discussions. L 1 l q f.` . ;[ { - 3- II. THE 1986 SURVEY in January 1985, a questionnaire was sent to all National League of Cities (NLC) direct member cities, asking them for a three- year General Fund budget history, the number of.city employees and information about the General Revenue Sharing Program. NLC's membership, while not all inclusive, does provide a cross-section of U.S. municipalities. NLC Members NLC as Percent City Population Size Total Members Of All Cities 100#000 or more 177 158 89% 50,001 to 100,000 283 163 588 10,001 to 50000 1,782 674 38% Less than 10,000 - 283 - TOTAL MEMBERS 1,279 Population figures were obtained from the 1980 U.S. Census. A good response to the mailing was generated and 660 cities (50 percent) returned the questionnaire in time for information to be tabulated. The distribution of respondent by size and state is shown in Table I. Cities were asked to report four figures for three different years: the General Fund Beginning Balance, General Fund Revenues, General Fund Expenditures and General Fund Ending Balance. Cities were asked to report these figures for their fiscal year which ended during calendar years 1984, 1985 and 1986. Because questionnaires were completed in January 1986 the respondents had to rely upon budgeted or estimated figures for 1966; for a number of cities the 1985 figures are also based on estimates. The finality of the figures will thus vary somewhat from city to city and year to year based primarily on when their fiscal year ends. [IN A IN i States Alabama Alaska Arizona Arkansas California Colorado Connecticut D.C, Delaware Florida Georgia Bawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire Haw Jersey New Mexico Now York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming T0TAU -4- TABLB I 1986 NLC FINANCIAL SURVEY CITIES TABULATED ST STATE AND POPULATION SIZE 250,000 30,000 10,000 Over to to to Under Total 500,000 499.999 249,999 49,999 10.000 16 - 1 2 7 6 4 - - - 1 3 16 1 1 3 8 3 3 - - 1 2 - 69 1 1 36 29 2 21 1 - 6 8 6 9 - 7 2 - 3 - - - 2 1 44 1 1 14 23 S 11 - 1 2 5 3 2- 37 1 - 5 25 6 9 1 5 2 1 10 - - 4 4 2 1S - 1 4 8 2 1 11 - - 1 8 2 13 1 - 5 1 6 I 2 - - - 1 1 6 1 - - 4 i 4 1 - 2 1 - 20 - - 6 10 4 29 - 1 4 21 3 4 - - 1 3 17 - 2 4 11 - 4 - - 1 3 12 - 1 1 7 3 4 - • 2 2 - 1 2 1 y 3 7 4 41 - 1 5 19 16 - y 5 38 1 2 9 4 21 1 5 10 - 1 3 5 1 13 - - 1 9 3 5 1 - 3 1 - 4 - - 3 1 16 - - 3 8 5 2 13 1 1 3 4 4 40 2 3 17 14 4 j 9 - - 3 4 2 5 - - 3 2 - 9 2 3 4 - 13 - 1 - 11 i 4 - - - 3 1 9 8 1 - - - 3 - 3 3 2 S i 660 16 22 181 326 113 L L -5- W The following fiscal years were reported by the cities: Percent of Fiscal Year Responding Ends in t Cities June 46% December 28% September 16% Other* 10% 100% Whv the General Fund? The General Fund was selected as the focus of this report because it is felt that changes in a city's General Fund can be a good indicator of financial conditions. it can serve as a starting post for asking those additional questions which provide a balanced perspective on the overall fiscal health of a city. Selection of the General Fund as a focus for this report was founded upon the following major assumptions: 1) "The General Fund is normally the most important fund of a municipality. It accounts for all resources not otherwise devoted to specific activities and finances many of the basic municipal functions . . . ."** 2) The General Fund is frequently a central focus of local budget deliberations since it usually finances such central municipal functions as Police and Fire Departments and is the area where state imposed limitations on taxing and spending are often most binding. * Of those reporting an "other" month ending their fiscal year over 60 percent were located in Nebraska (July) and Illinois (April) . ** international City Management Association (ICMA), Management Policies in Local Government Finance, p. 209. L - F 41 -6- ii 3) For purposes of timely analysis it was desirable to simplify the reporting form by only requiring the most central and summary information. The cities were also asked to report the "Number of Pull -time City Personnel" in January 1984# January 1985 and the number at time of survey completion (January 1986). Cities were asked for a three-year reporting of these measures so that some evaluation of year-to-year changes might be made. The most revealing information is not the absolute value of the figures but rather the annual changes in each registered by the individual cities. The absolute values in each community will vary based upon state law requirements, functions performed by municipal rather than state or other local governments and indi- vidual community decisions about levels of taxation, services and fund structure within the accounting system. The analyses which follow will focus upon the rates of change in the measures dispussed above. ICI 1 _7_ III. REVENDES Rates of Revenue Growth 1984 to 1985 It is informative to look at the differing ability of cities to produce revenues to support rising service demands. From 1984 to 1965 the following patterns of General Revenue increase were reported: Average Revenue Growth Rates 1984 to 1985 by City Size Population Size 250,000 50,000 101000 All Over to to to Under Cities 500,000 500,000 249,999 49,999 10,000 Percentage change in General Fund Revenue 1984 to 1985 88 68 11% 9% 98 78 It appears that the flow of resources into city General Funds proceeded at a healthy pace, if the focus is the average percent growth of revenues. There are differences between the city sizes with the very largest cities, those with populations of over 500,000, experiencing the slowest average growth. The smallest cities, those with population of under 10,000, also had revenue growth rates slower than the average. However, if one looks closely a more diverse pattern emerges. From 1965 to 1986, the price index for state and local governments increased 5.6 percent, thus cities would have needed a revenue increase of almost 6 percent just to keep pace with rising costs. I 4 Population Class All cities Over 5001000 250,000-500,000 50,000-249,999 10,000-49,999 Under 10,000 -a- Percent of Cities with 1984-05 Revenue Growth Rates Less than 60 by Population Size 39% 46 29 36 39 48 Forty-eight percent of the cities with populations of under 10,000, fell below this standard, 39 percent of the cities with populations of between 10,000 and 50,000, missed this standard, and 36 percent of the cities with population of between 50,000 and 250,000 fell short of the required six percent growth. Among the larger communities, there are also significant percentages whose revenue growth fell short of the rate of inflation, 29 percent of the cities with populations of between 250,000 to 500#000 and 46 percent of the largest cities, those with populations of over 500,000. 7 1 {.. -9- : Rates of Revenue Growth from 1985 to 198 6 From 1985 to 1986 the pace of revenue growth has been cut in half. ,r i Comparison of Revenue Growth Rates _ = 1984 to 1985 with 1985 to 1986 by Population Size 1984 1985 _ .. -.._. to to 1985 1986 - _-3 Percent Percent Population Class Growth Growth Difference r ' All cities 8 4 -4 n..� Over 500,000 6 5 -1 250,000-500,000 11 9 -2 50,000-249,999 9 6 _3 10,000-49,999 9 2 -7 :i Under 10,000 7 4 -3 -r The average rate of revenue growth has dropped from 8 percent to 4 .. percent for all cities. The trend has been even more dramatic in the smaller cities (those with population of between 10,000 and 50,000) who have seen their average revenue growth rates decline from 9 percent to 2 percent. = Not only has the average rate of increase dropped, but greater percentages of cities expect revenue growth rates of less than 6 percent. While the trend to more conservative expectations of growth is - generally observed across the population size groupings, the shift is particularlypronounced among the small cities. -10- Percentage of Cities Expecting 1986 Revenue Growth Rates Less Than Population Class 6% by Population Size All cities 62% Over 500,000 46 i 250#000-500,000 57 50,000-249,999 57 10,000-49,999 67 Under 10,000 60 Over half the cities expect their rates of revenue growth to be below 6 percent. While inflationary pressures have eased recently, the 62 percent of responding cities who expect General Fund revenue increases of less than 6 percent will still have a hard time meeting budgetary demands. This is particularly true for the cities with populations of under 50,000, where over one-third (39 percent) expect to see no revenue growth or absolute revenue declines. These small communities will be under even greater pressure if General Revenue Sharing is terminated and Federal grants continue their downward path. For most of the smallest cities, the scheduled end of General Revenue Sharing will be the end of the Federal -City fiscal relationship, as General Revenue Sharing accounts for the only Federal funds received by 73 percent of cities with populations of under 10,000. For 52 percent of the communities between 10,000 and 50,000, GRS is the only source of Federal funding. These trends of financial stringency will be accelerated as a number of farm -belt and oil states are forced to reduce their budgets, including grants to cities. i ;W -11- Regional Differences in 1985 to 1986 Revenue Growth Rates When the 1985 to 1986 revenue growth is analyzed on a regional basis the following pattern is observed: 198S to 1986 Revenue Growth Rates R E G I O N S North- Mid- east west South West Negative or no growth 32% 37% 31% 33% 1 to 5 percent growth 30 30 27 25 6 to 10 percent growth 32 17 21 21 Growth exceeding 10 percent 6 13 21 21 100% 100% 100% 100% The regional patterns are very uniform in the two lowest growth categories. Greater percentages of southern and western cities, however, appear to expect revenue growth rates exceeding 10 percent. Standing out as the strongest message is the fact that more than half the communities in all regions do not expect their revenue growth to exceed five percent and one-third expect to see no growth or revenue declines. [IN J .__-A-. _. L r 71 - — -- - - 71 i5 t, L t. -13- IV. EXPENDITURES On the spending side of the budgetary equation, cities continue to respond to service demands by increasing General Fund spending. 1984 to 1985 Expenditure Growth Average Rate of Expenditure Growth 1984 to 1985 by Population Class City Size All cities 11% Over 500,000 7 2500000-500,000 11 50,000-249,999 11 100000-49,999 11 Under 10,000 9 The following table indicates the variety of city experience in 1964 to 1985 expenditure growth. 1984-1985 Expenditure Growth Rates PERCENTAGE OF CITIES REPORTING: negative Growth Growth Growth or No of of over 8y Population Class Growth 1-51 6-10% 108 Total For All Cities 16% 15% 260 43% loot Over 500,000 23 23 31 23 100 250,000 - 500,000 10 19 33 38 100 50,000 - 249,999 10 14 31 45 100 10,000 - 49,999 15 17 24 44 100 Under - 10,000 28 7 23 42 100 [in L 7 r -14- The findings for this current time period are very similar to the earlier period. There is a slight downshift overall to lower ex- penditure growth but the major pattern is one of consistency with the earlier period. Cities Seeing Expenditure Growth Exceeding 50 Percent of Cities with Expenditure Growths of 5% or less exceeding 58 1984 to 1985 expenditure growth 31 69 1985 to 1986 expenditure growth 38 62 Variation by city size is noticeable with the smallest cities having larger percentages of static or declining revenue and a somewhat higher percentage of cities experiencing expenditure growth over 10 percent. 1985-86 Expenditure Growth by City Size PERCENTAGE OF CITIES REPORTING: 1985 to 1986 Neg./no Growth Growth Growth Expenditure Growth Growth 1 - 58 6 - 10% over 10% Total All Cities 19% 19% 23% 39% 100% BY Population Class Over 500,000 7 39 39 15 100 250,000 - 500,000 14 10 33 43 100 50,000 - 249,999 14 23 33 30 100 10,000 - 49,999 18 22 21 39 100 Under - 10,000 35 12 12 41 100 L 'a Cities are continuing to respond to pressures for higher spending, but there are significant numbers of communities, particularly those with populations of under 10#000, where no expenditure growth is occurring. Looking at 1985-1986 Expenditure Growth by Region i On the regional basis for the 1985 to 1986 period the distribution - - is quite consistent. The one major exception to this observation is that a somewhat greater percentage of western cities see expen- ',� diture growth rates exceeding 10 percent and a somewhat lower i ... .. a, percentage of Northeast cities observe expenditure increases ... ...... exceeding 10 percent. The regional pattern of expenditure growth reported from 1985 to r. 1986 is as follows: 1 } Percent of Expenditure Growth 1985 to 1986 Negative or no growth 1 to 5 percent growth 6 to 10 percent growth Growth exceeding 10 percent ► ` Total all Cities in Region L Percent of Cities Reporting Expenditure Growth by Region R E G I 0 N North- Mid- east vest South West 14% 191 20% 18% 24 18 18 20 36 28 24 35 100% loot L 20 18 i 42 44 t 100% loot 3 i IN t- ,t {aRllif( O i -17- V. THE MIS -MATCH BETWEEN REVENUES AND EXPENDITURES To what extent does city revenue match expenditures? Under state laws city budgets are required to be balanced. The significant question is how this balance is achieved. Cities have three basic approaches to affect the resource side of the budget. 1. Revenue - This is the most obvious alternative, either through growth in tax bases, increase in tax rates or a hike in various fees and charges. 2. Transfers into the General Fund - This approach, which was included as part of the revenue line in the survey, is a little different than revenue. It involves the ability to transfer monies from other specialized funds of the city into the General Fund to support specific activities. 3. Beginning Balances - Simply speaking, these are the fiscal resources with which the General Fund begins the year. Using an analogy to a monthly personal checking account the beginning balance is like the balance from the previous month. Revenues (and transfers in) constitute the deposits while expenditures (and transfers out) constitute the checks written. Normally, the beginning balance in one fiscal year is the same as the ending balance of the preceeding year. Expressed as an Equation the basic formula is: Ending Balance Year #1 a Beginning Balance Year #2 + Revenues (and transfers in) Expenditures (and transfers out) Ending Balance Year #2 Ideally, it is desirable for revenues to exceed expenditures by an amount so that (1) all current services can be financed and (2) that a positive ending balance be available to help in the following year. L 0 -18- How do cities see their revenues matching up with expenditures? Because budget sizes vary from city to city, it is necessary to reduce the revenue and expenditure figures to some common index. To do this for the most current year, 1986 expenditures are subtracted from 1986 revenues resulting in a basic imbalance. To translate this figure to a common comparative base, this basic imbalance figure is then divided by 1986 expenditures. Thus, a city with $10000,000 of revenue and $1,100,000 in expenditure would have an imbalance index of -9 percent. A city with revenues equalling expenditures would have an index of zero. A city with revenues of $1,100,000 and expenditures of $1,000,000 would have a positive index of 10 percent. What 1986 experience is anticipated by U.S. Cities?. In 1986, 56 percent of the cities expect expenditures to exceed revenues, 29 percent expect them to be in balance and 15 percent expect revenues to exceed expenditures. Over half of the responding cities thus judge that current revenues are not or will not keep pace with current expenditures. Almost one third of the cities expect revenues and expenditures to be in exact balance. One out of seven cities, (15%) estimate that revenues will exceed expenditures. How do these expectations compare to prior years? Simplifying the data the following picture emerges: City Expenditure/Revenue Relationship 1984, 1985 and 1986 1984 1985 Negative (Expenditures exceeding revenues) 24% 36% Balance (Expenditures equalling revenues) 9 8 Positive (Expenditures less than revenues) 67 56 100% 100% 1986 56% 29 15 100% The data clearly indicates an increasing expectation that expenditures outpace revenues. Noce than twice as many cities expect expenditures to outpace revenues in 1986 than the actual experience in 1984. L L F a.; 1 -19- At the other end of the spectrum, only 15 percent of the cities expect 1966 revenues to exceed expenditures. This compares to 67 percent of cities who experienced this favorable situation in 1904. Since some budget variation is normally experienced, let's look at the figures after allowing for a five percent variation from absolute balance in the index in either direction. With this recalculation the following picture emerges: Imbalance index 1984, 1985 and 1986 Percent of Cities Reporting Imbalance Index* Years 84 85 66 Worse than -58 88 12% 27% -5% to +58 59 64 69 Better than +58 33 24 4 100% 100% 100% * imbalance index a Revenue -Expenditure Expenditure This tabulation, as would be expected, shows a significant clustering around the middle values. The same negative trends, however, are clearly displayed. in fact, at either extreme (exceeding an index of 5) the deterioration is even more pronounced. While only 8 percent experienced a negative index exceeding -5 percent in 1984, 27 percent expect to see such a figure in 1986. The number foreseeing favorable results also declines precipi- tously. Thirty-three percent of the cities had a positive index exceeding 5 percent in 1985, but only 4 percent foresee this in 1986. Cities are clearly not optimistic about the balance between revenues and expenditures. Since cities are usually prohibited from ending up in the red, there must be a mechanism to address this negative imbalancei That mechanism is the beginning balance, which is discussed n the next section of this report. L Cushioning the Expenditure -Revenue imbalance 1 fi is As discussed earlier, the beginning balance in basic terms is the money in the General Fund at the beginning of the year. ` } There are two major cautions to be applied to this statement. (1) Portions of the beginning balance may be restricted in their expenditure. So beginning balance funds are not > completely available to deal with revenue expenditure imbalances. - - i (2) The balances are not all held in cash. They may re resent taxes or other accounts receivable which are not readily available. ,= To the extent that cities have beginning balances they can be used to cushion the current year's mismatch between revenues and expenditures. When the level of beginning balances are drawn down in this manner their ability to provide the same relief in subsequent {'{ years is obviously reduced. i How well are General Fund Beginning Balances of cities equipped to deal with Revenue -Expenditure imbalances? The following table ' - - shows the distributions 1986 Beginning Balances as a Percentage of Expenditures r Size ofj , Beginning Balances Population Size Class Relative to - 0 - 101000 50,000 250,000 i Expen- All to to to to Over iS ditures Cities 91999 49,999 249,999 499,999 5001000 peg. - 08 48 78 48 2% S8 88 -- fii 1 - S9 16 15 11 23 2S 59 6 - 25% S2 38 54 56 70 33 26 - 50% 21 26 24 15 -0- -0- over 50% 7 14 7 4 -0- -0- 100% 100% 100% 100% 100% 100% ' ►`t f f i 1 -21- One-fifth of the cities (20 percent) have beginning balances equivalent to less than 5 percent of their expenditures. The majority of cities report balances equal to between 6 and 25 percent of their expenditures. It appears there has been some past success in both restraining expenditures and building up balances. But, as was pointed out previously, almost 60 percent of the cities expect expenditures to exceed revenues during 1986 so that the "fiscal shock absorbing" balance will be significantly reduced. Many cities will make significant reductions in their beginning balances during the current fiscal year. The following table shows just how significant these reductions will be: Percentage of Cities Reducing Beginning Balances During 1986 Reduction of 50% or more 20% Reduction of 1 to 49% 39% Maintaining Balance 24% Increasing Balance by 1 to 20% 11% Increasing Balance by more than 20% 6% 100% Fifty-nine percent of the cities report that they will be depleting their beginning balance during the course of this year. Twenty percent of the cities will be reducing the size of their balances by half or more. Almost one quarter of the cities (24 percent) expect to maintain their balances and 16 percent expect to be able to increase the size of their balances. As these balances are reduced, the adaptability of cities to revenue shortfalls or pressing expenditure requirements will be correspondingly reduced. L L 1 � i -23- VI. CITY EMPLOYMENT Municipal government is labor intensive and thus trends in municipal employment levels are a general indicator of fiscal conditions. In times of fiscal strain or uncertainty, municipal workforces are held constant or reduced and when better conditions occur the workforce is increased. According to U.S. Census Bureau statistics, municipal full-time equivalent employment increased every year from 1957 through 1977 at an average rate of 2.6 percent annually. In 1978, it took a slight drop and then achieved a peak of 2,190,000 employees in 1979. From 1979 to 1963, there was a continuing drop in municipal employment to a 1983 low of 2,060,000. In 1984, municipal work - forces increased 1.5 percent to a 2.09 million level, still 4.6 percent below the 1979 peak. While interesting, these overall trends disguise more dramatic swings which have occurred in the composition of this employment between cities. The following table begins to indicate the uneven changes which have occurred. Change in City Employment 1979 to 1984 Eight Largest American Cities City Employment - Full Time Equivalents (FTE) Cities FTE 1979 FTE 1984 FTE Change (0) New York City 325,391 334,618 +2 Chicago 47,535 43,848 -7 Los Angeles 40,336 41,798 +3 Philadelphia 34,679 32,236 -7 Houston 15,676 19,585 +24 Detroit 24,934 17,766 -26 Dallas 13,777 140500 +5 San Diego 6,859 7,359 +7 AVERAGE PERCENT CHANGE, 0 Sources U.S. Bureau of Census, City Employment in 1979 and City Employment in 1984. The preceding table is interesting for a couple of reasons. First, it illustrates the varying experience of cities over this time period from the 1979 peak municipal employment year until j 19841 when total municipal employment began to grow. The shifts i r -. 1 � ; ? -24- i '1 in employment reflect a variety of factors: changing organiza- tional patterns, different population growth trends and differing ' degrees of fiscal capacity. Second, the table provides an excellent illustration of how averages can mask very important - t differences. while the individual communities have seen munici- pal employment changes ranging from a growth of 24 percent to a decline of 28 percent, the average percentage change among the __ ..._...... .. eight cities is zero. City Employment Experience Since 1984 This survey provides an indication of what has happened to the size of the municipal workforce since 1984. - Bearing in mind the limitations of averages just pointed out, what changes do cities report? Employment Growth 1984-5 and 1965-6 by City Population Size Average Average 1984 to 1985 to 1985 1986 Percent Percent Growth Growth All Cities 1.7 1.4 By Population Size Over 500,000 -0.2 0.5 250,000-500,000 0.7 1.2 50,000-249,999 1.5 1.5 10,000-49,999 1.9 1.4 Under 10,000 1.8 1.4 No striking conclusions are apparent from this tabulation. The average rates of growth are all under 2 percent. The patterns are quite similar in the two time periods, although it appears there is a moderation of employment growth. The distribution of employment growth patterns by population size of cities shows the following: L M t. to -25- 1985 to 1986 City Employment Changes by Population Class Percentage of Cities Reporting file ent Changes ofs Neg. or Growth Growth Growth None 1 - 58 6 - 108 over 10• Total All Cities 55 32 9 4 100% Population Class Over 500,000 64 29 7 -0- 100 250,000-500,000 50 45 -0- 5 100 50,000-249,999 45 42 11 2 100 10,000-49,999 60 30 7 3 100 under 101000 59 23 12 6 100 On a regional basis, employment growth appears weaker in the Northeast and Midwest than in the West and South. In the South, there appears a trend toward less employment growth in the 1985 to 1986 period than in the preceeding period. Shifts in other regions are too weak to demonstrate any clear movement. Rates of City Employment Growth Region 1984 to 1985 1985 to 1986 Northwest 0.3 0.6 Midwest 0.5 0.3 South 2.4 1.5 West 2.6 2.9 L_ L 01 -26- When the 1965 to 1986 growth is further analyzed by region the following picture emerges: Percent Distribution of City Emaloyment Growth by Region R E G I O N S Rate of 1985 to North- Mid- 1966 Employment Growth east west South West Negative or no growth 69% 63% 52% 47% Up to 5% growth 29 30 33 35 6 - 10% growth 2 6 10 12 Over 10% growth 0 1 5 6 100% 100% 100% 100% Most municipalities are clearly not increasing their workforces. Most individual cities are holding the number of employees constant or reducing the number of city employees and this is true across all regions of the country. For those cities who are adding employees the rates of growth are modest, for most less than 5 percent. The watchword for city employment is reduce or hold the line. i A. f, A-1 1986 FISCAL SURVEY National League of Cities Cities Responding i a ALABANA ARKANSAS Oxnard Palm Desert , r: Anniston El Dorado Palm Springs Atmore Fort Smith Palo Alto Auburn Sherwood Pleasant Hill Bessemer Texarkana Redding Birmingham Redlands Clanton CALIFORNIA Redwood City 1 Dothan Richmond { Fairfield Alhambra Riverside Fayette Arcadia Rohnert Park ' Gulf Shores Artesia Sacramento t Hoover Baldwin Park San Diego Hueytown Bellflower San Leandro 1 - Leeds Beverly Hills Santa Ana Midfield Carlsbad Santa Barbara ySylacauga Mobile Chico Santa Cruz Chula Vista Santa Fe Springs Win f ield Claremont Santa Monica j 3 Compton San Mateo ALASKA Concord Santa Paula Culver City Santa Rosa Fairbanks E1 Mcn to Seal Beach ' Kenai Escalon Signal Hill . Ketchikan Escondido South Lake Tahoe _.:k.._ . Wrangell Eureka Stockton Fon tan a Sunnyvale { ARIZONA Fountain Valley Vacaville Garda West Hollywood 1 Casa Grande Garden en Grove West Covina Chandler Fullerton Yorba Linda '1 Coolidge Glendale Flagstaff Hawthorne COLORADO Gilbert Hayward Mesa Huntington Beach Arvada Nogales Indio Aurora Paradise Valley Inglewood Brighton ± _..-- ----- -- Peoria: Irvine Colordao Springs Phoenix La Mirado Delta _ Scottsdale Lodi Denver Sierra Vista Manteca Englewood . . Tempe Martinez Estes Park Tolleson Menlo Fort Collins s Tucson Merced Frisco ` Yuma Modesto Glendale Montebello Grand Junction ! Norwalk Lakewood Longmont t A-2 r COLORADO (continued) Miami Beach Decatur Downers Grove Naples Louisville Niceville Elgin t Loveland North Miami Evergreen Park jf Northglenn North rth Miami Beach Galesbur 9 Pueblo a ocka Glenwood _. Thornton Trinidad Orlando Ormond Beach Gurnee Hazel Crest -- Westminster Pembroke Park Highland P 9 and ark 't Wheat Ridge Pembroke Pines Hillside .: Pinellas Park Lake Forest u - - - CONNECTICUT Port Orange Lombard •_ _±� Safety Harbor Ma Y Maywood s East Hartford St. Cloud Moline `-. Enfield St. PetersburgNew Lenox `.:.. Fairfield Sarasota Sebastian Niles Normal Hartford New Britain South Bay Y Palatine - I New Haven South Miami Park Forest 4 Norwalk Sunrise Peoria QuinIslandWinchester/Winsted :.. j West Hartford Tampa Titusville Rock West Palm Beach Rockford DELAWARE Winter Springs Romeoville Summit Dover GEORGIA Urbana Wilmette <, Newark Seaford Albany Winnetka Atlanta Woodstock FLORIDA College Park Gainesville iNDiANA Atlantic Beach Hapeville Anderson ,�. Boca Raton Montezuma Rome Beech Grove - Bradenton Clearwater Savannah Evansville a . Coral Cables Snellville Social Circle Fort Wayne Indianapolis P Corsi Springs Dade County Waycross Y Kendallville - - Dania Muncie �- Daytona Beach iDAHO Richmond South Bend - '`- - -- - - - Deerfield Beach Boise --=-E — ---F- - Deland Dunedin Nampa I OWA Fort Lauderdale ILLINOIS Des Moines " FM Fort Myers Y Cedar Rapids . Fort Walton Beach Gainesville Addison Fort Madison Hollywood Arlington Heights Indianola Jacksonville Bolingbrook Iowa City Y Le Mars . Jacksonville Beach Bradview, Sioux Center MelLarburne Buffalo Grove Sioux City s �' Centralia Ottumwa }; Chicago Urbandale L A- .1 KANSAS Dodge City Great Bend Hillsboro Kansas City Lawrence Leawood Lenexa McPherson Manhattan Olathe Ottawa Pittsburg Russell Topeka Wichita KENTUCKY Ashland Bowling Green Covington Frankfort Franklin Henderson Murray Newport Owensboro Paducah Williamstown LOUISIANA Franklin Grand Cateau Haynesville Houma Lafayette Lake Charles Mar in gov in Monroe Newellton New Orleans Ragville Shreveport Thibodaux MAINE Auburn Brewer 10 A-3 MARYLAND Baltimore Cheverly College Park Greenbelt Rockville Salisbury MASSACHUSETTS Boston Cambridge Gloucester Lawrence MICHIGAN Albion Dearborn Farmington Hills Grand Haven Hancock Highland Park Huntington Woods Kalamazoo Lansing Menominee Monroe Muskegon Norton Shores Novi Oak Park Portage Port Huron Saginaw Saline Troy MINNESOTA Albert Lea Austin Blaine Bloomington Brooklyn Park Columbia Heights Dearborn Golden Valley Hastings international Falls Mankato Maple Grove Minneapolis Minnetonka 1 � i Moorhead New Ho e Northfield North Mankato Plymouth Red Wing Richfield Rochester St. Anthony St. Cloud St. Louis Park Shakopee South St. Paul Willmar Winona MISSISSIPPI Biloxi Gulfport Hattiesburg Jackson MISSOURI Ballwin Cape Girardeau Crestwood Excelsion Springs Florissant Gladstone Independence Joplin Kansas City Kirksville Lee's Summit Maplewood St. Charles St. Joseph St. Louis Springfield University City MONTANA Billings Bozeman Butte -Silver Bow Missoula 3 j f it t A-4 NEBRASKA NORTH CAROLINA Beatrice Apex Bellevue Asheville Columbus Brevard Kearney Can ton Lincoln Carolina Beach McCook Chapel Hill Norfolk Charlotte North Platte Conover Omaha Dunn Scottsbluff Durham South Sioux City Eden York Elizabeth City Forest City NEVADA Garysburg Goldsboro Las Vegas Greenville North Las Vegas Henderson Reno Hickory High Point NEW JERSEY Jacksonville Kin ston Hackensack Laurinburg Lenoir NEW MEXICO Lexington Lumberton Albuquerque Morganton Espanda Nashville Gallup Oxford Las Cruces Raeford Las Vegas Raleigh Los Alamos Red Springs Reidsville NEW YORK Roanoke Rapids Rockingham Albany Rowland Binghamton Sanford Dundirk Southern Pines Jamestown Tarboro Johnstown Wallace New Rochelle Wilson New York City Wkiston-Salem Norwich Zebulon Ogdensburg Port Chester NORTH DAKOTA Port Jervis Poughkeepsie Bismarck Rochester Devils Lake Scardsdale Dickinson White Plains Grand Forks Williston L OHIO Akron Athens Beachwood Bellaire Blue Ash Bowling Green Brooklyn Brunswick Centerville Cincinnati Cleveland Heights Columbus Cuyahoga Falls Dayton Eastlake Euclid Fairfield Greenville Hamilton Kent Kettering Lakewood Maumee Newark Ober 1 in Portsmouth Ravenn a South Euclid Springboro Springfield Toledo University Heights Vermilion West Carrollton Whitehall Wickliffe Woodlawn Youngstown OKLAHOMA L Ada En id Guthrie Midwest City Moore Nichols Hills Norman Oklahoma City Okmulgee Shawnee 7 M OREGON Beaverton Bend Cottage Grove Eugene Grants Pass La Grande Lake Oswego Milton Freewater Milwaukie Newberg Oregon City Redmond Springfield The Dallas PENNSYLVANIA Allentown Lancaster New Castle Philadelphia Scranton RHODE ISLAND Cranston East Providence Lincoln Providence SOUTH CAROLINA Aiken Charleston Columbia Florence Greenville Greenwood Lancaster Mann in g Myrtle Beach Rock Hill Seneca Sparatanburg Sumter Tags Cay Walterboro West Columbia York A-5 SOUTH DAKOTA Sioux Falls Pierre TENNESSEE Chattanooga Clarksbille Clinton Dayton East Ridge Farragut Germantown Hendersonville Knoxville Maryville Memphis Nashville Pulaski TEXAS Abilene Alvin Amarillo Arlington Austin Baytown Beaumont Bellaire Brownsville Carrollton Corpus Christi Eagle Pass Edinburg Farmers Branch Fort Worth Galveston Grand Prairie Greenville Houston Hurst Irving Killeen Lake Jackson Liberty Longview Lubbock North Richland Hills P ampe Pasadena Pearsall Plano Port Aransas Saginaw San An ton io Seguin Texarkana Vernon Waco Wichita Falls UTAH Bountiful Brian Head Brigham City Clearfield Ogden Orem Salt Lake City South Ogden VERMONT Brattleboro Burlington St, Albans VIRGINIA Alexandria Charlottesville Fairfax Norfolk Petersburg Portsmouth Roanoke Salem Suffolk Virginia Beach WASHINGTON f Auburn Bellevue Edmonds Everett Kelso Rent Kirkland , Lacey Mountlake Terrace Oak Harbor ! Puyallup Redmond Seattle Stanwood Tacoma Vancouver 7 is ; •f Y H 74 WEST VIRGINIA Beckley Philippi V ienn a Weirton WISCONS IN Beloit Cedarburg Eau Claire Milwaukee Oshkosh River Falls Watertown Waukesha Wisconsin Rapids WYOMING Casper Douglas Gillette Green River Jackson Lander Lovell Riverton Sheridan A-6 L El r �� A/ u 0) 0 m 0 m to 0) in q. cu m ilk 13 In .0 (ti of U tn cyi I al r u .0 N co lw 0 ki 03 4t Ea t F, -a F. N Ev. i vj 0 M ID, fu - i 0 (D t u 0) 0 0 la 6 a a I ro 0) w U m w 3 C) 0 0) —j 0 LL ol 0) 11 Ln m to Ln to m m w m to In %0 toi tr) N cu cu N ft m CU 10 tl% w a 40 0 cu a m rl% cu Ll 0 I E.) CITY OF KENAI " d &apdad a j 4"" 410 RML00 MAI, UMU 9=1 TMMM0146 Zl8.7M MEMORANDUM T0: Wm. 3. Brighton, City Manager of Kenai FROM Rogers, City Attorney tv of Kenai DATYir September 17, 1986 RE: Golf Course Mr. Morgan has requested a return of a $10,000 performance bond on the golf course. The matter was referred to the Legal Department by Finance to determine whether there had been compliance with construction as required under the lease. The Legal Assistant made an inspection of the golf course to assess the extent of compliance with the lease provisions. The short answer to whether or not Mr. Morgan has strictly complied with the terms of the lease is "no." There does appear, however, to be a very good -faith attempt to strictly comply and most of the provisions have been met. I felt it was best to refer the matter to you to make the decision of whether substantial compliance would meet the terms of the lease or whether the City may desire to waive certain provisions at this time and return the bond to Mr. Morgan. Article III, Section A of the lease, deals with required construction. The Section requires that a regulation nine -hole golf course, equal to other courses existing in Alaska, with a minimum of 3,000 yards and a Per of 36 be developed. Certain other requirements are listed below: 1. Turf greens (5,000 sq.ft. each). 2. Conformance with USGA recommendations. 3. A practice putting green (a minimum 5,000 sq.ft. area) with the some surface as the greens on the course. 1 L L 7 0 i 4. A practice driving range with fairway and a provision j for minimum of six tee spaces and provisions for increased capacity. S. A 1,300 sq.ft. clubhouse with restrooms, pro shop and food sale area. 6. Maintenance and equipment storage as part of the building construction. 7. A surfaced access and entrance road and parking lot for a minimum of 60 cars; the surface being of comparable construction to Lawton Drive. 8. A watering system of sufficient capacity for all teen and greens. There can be little argument that a nine -hole golf course has been constructed. At present, only seven holes are in use but it appears that the other two holes will come on line shortly. While i the Legal Assistant did not measure the yardage of the course, it appears that the 39000 sq.ft. yard requirement has been met. Given the fact that there are temporary greens in place now, the Per 36 requirement has not been met. The present temporary greens do not appear to meet a 5,000 sq.ft. area each, however, the Legal Assistant did observe roped -off greens which would appear to meet 59000 sq.ft. area requirements when they become available. Whether the layout and construction conform with the best practices of the U.S. Golf Association would best be left to an expert. The course does appear to be playable however. There is no practice putting green currently in use. It appears that an area has been laid out for the use of a putting green, but it has not been installed as yet. The area that the Legal Assistant observed for the putting green is a raised area near the golf clubhouse and appears to be around 5,000 sq.ft. A practice driving range is in existence and has six tee spaces, including one space for left-handed players. It is not clear whether the area would be available for expansion under the present design layout. It should be noted that the lease requirement says, "if space requirements will permit an expansion." If they do not permit an expansion, this would not constitute a default of the lease. According to the Building Inspector, a clubhouse has been erected which is over 19600 sq.ft. in size. This conforms and exceeds - - - - the expectations of the lease. Restrooms, a pro shop and sale of 2 f l_ L r. f T- food facilities were all observed as part of the clubhouse as were a maintenance equipment and storage area. Accessibility for the physically handicapped was also observed in the way of walkways to and from the deck of the clubhouse. There is a surfaced area conforming with the construction of Lawton Drive as it is presently graded and the parking area appears to accommodate a minimum of sixty cars based upon a rough count. You may want to consult a traffic engineer in this matter, but visually it appeared that sixty cars would fit. While the Legal Department observed a substantial amount of pipe for a watering system, it was not clear there is sufficient capacity for all tees and greens. You may want to address this question to Mr. Morgan whether this requirement is being met. Some sort of watering system must be working efficiently because it appears that the greens were in excellent shape upon the Legal Assistant's visit to the course. The newly seeded greens are coming along nicely. In summary then, you may want to address the following defaults and decide whether to waive the requirements and return the bonds 1. Par is not currently 36. 2. Only seven holes are in play now, but two more appear almost to be ready. 3. No practice putting green is usable at this time. 4. It is unclear whether the watering irrigation system conforms with the terms of the lease. Based upon a finding of substantial compliance with the terms of the lease, you could waive further compliance at this time and return the bond to Mr. Morgan. I would urge you to reserve the City's right to enforce the required construction at a later date if it is not forthcoming. You may also went to gain Mr. Morgan's assurances that the minor defaults will be remedied at some time when conditions permit. You may also want to refer the matter to Council for a decision. TR/clf U L L K t V i I CITY OF KENAI I %% 4 1 210 PIDAL00 KENAI, ALASKA 99611 TELEPHONE 20 - MB MEMORANDUM c I) TO: Janet Whelan, City Clerk i ty of Kenai `� -- ---- FROM m Rogers, City Attorney i y of Kenai DATE: September 10, 1986 . ! RE: Independent Contractor - Recorder f The contract for an independent contractor to take minutes of - commission meetings was revised by the Legal Department on August 12, 1986 and again September 8, 1986 and should now.be before Council in its final form. While the contract attempts to make the contractor and independent contractor, such an attempt is always subject to interpretation by the courts. In order to aid the Council and Clerk in understanding the ramifications of the contract, this memorandum addresses certain legal aspects of .>; independent contractor law. The bottom line is that there is no :'.e. concrete way of writing a contract to make an independent contractor "independent." Independent contractors are usually defined as being those who contract to perform a piece of work at their own risk and cost ' with their workmen being their servants and having liability for misconduct of their servants. While a contract may term the independent contractor as such, there is nothing to stop the court from interpreting it otherwise. In deciding whether the contractor is truly an independent contractor or an employee, the Court will look toward various indicia of the relationship. ,) - Generally, courts will examine what amount of control and who --- ---- = controls the work of the independent contractor. Supervision of the contractor and control of the premises enters into the 1 L L_ 0 fi f; equation. Whether the contractee furnishes workmen, material, tools, equipment or appliances, can also be used to form a basis of a finding that the supposed independent contractor is in reality an employee. Other indicia which the Court may examine include the general l'.; nature of the business or occupation, the power to terminate the relationship or discharge the contractor, who pays the } q contractor, and arrangements as to medical treatment of the { workers. Whether the contractee carries insurance is also an important factor. Finally, the Court might look to what traditionally has been the status of a person performing the work { that is being performed. - While the contract in this case hoe been manipulated in an attempt to make the contractor a true independent contractor, various requests by administration have been it difficult to put the contractor into the firm mold of an independent contractor. The contract contains a provision for supervision by the City Clerk. While not enough alone to render the contractor an - employee as opposed to independent contractor,, this could cause a problem, depending on the amount of authority exercised. I would urge caution to the Clerk in exercising supervisory -type capacity d. over the independent contractor. i The fact that the City will be supplying the recording and transcribing equipment oleo does not lend itself towards an independent contractor interpretation. Further, it would seem that this type of activity has traditionally been performed by City employees in the capacity of a clerk. While unquestionably, there must be clerks who contract to perform this type of work around the country, I am personally not aware of any. The simplest way to resolve the independent contractor/employee dilemma would be to hire a part-time employee to perform these services. In light of the Council's request however, I have attempted to draft a contract which goes as far as it can toward making the person an independent contractor while complying with the wishes of administration. z L M l on] P-RIP- rra... 1 i r I H-y CITY OF KENAI „Od ed,dd 4 41446„ MO FIDALQO KENAI, UMU 99MI UWPHONE 269. 7686 Sept. 3, 1986 TOt Council ���� FROM: Janet Whelan City Clerk This is the time of year when Council traditionally schedules a meeting with the commissions and legislators, to discuss the coming legislative session. With the many changes expected on the political scene, this meeting could be scheduled after Nov. 4, if you wish. �— jw L L 7 Y-(0 i UNAPPROVED KENAI PLANNING & ZONING COMMISSION September 10, 1986 Kenai City Hall Hal Smalley, Chairman 1. ROLL CALL Present: Bryson, Osborn, Smalley, Zubeck Absent: Carignan, Lewis, Oleson (Excused) 2. APPROVAL OF AGENDA Chairman Smalley asked to add PZ86-45 to the agenda under 7-a. Agenda unamimously approved with the addition 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a Resolution PZ86-42: Chancing Street Name - Sunrise to Watergate Chairman Smalley opened the meeting to the public for comment. Christine Reynolds, 2705 Watergate Way. Mrs. Reynolds informed the Commission that she and her family moved to the current location in 1978. At the time, the street did not have a sign, however, according to plats it was named Watergate, subsequently, all utilities and mail were addressed as Watergate Way. Mrs. Reynolds stated that one day she returned home to find the street signs had been changed and her street was now Sunrise Way. Mrs. Reynolds objected to both the name and the procedure under which the name change took place. Mrs. Reynolds explained that Mrs. Johansen had indicated that they had requested the street name change by circulating a petition also, however, most of the homeowners in the area felt that it was done against their wishes. --; PLANNING 6 ZONING COMMISSION September 10, 1986 Page 2 oil Mrs. Reynolds went on to introduce a letter from the Borough which indicates the Borough recognizes only the name Watergate Way. Plus 2 additional letters from two property owners in the area requesting the name be changed back to Watergate Way. Mrs. Reynolds indicated that she had spoken to Mr. & Mrs. Spicer and Mr. & Mrs. Leyfield by phone (these are two letters submitted to the City of Kenai opposing the name change). The Leyfield family indicated that their main concern was with changing the street addresses. The Spicer family indicated they were unhappy with the connotations of Watergate. Mrs. Reynolds presented plats and several pieces of mail indicating addresses recognized by the postal service to be Watergate Way. Mrs. Reynolds stated that the Borough has indicated to her that there are problems within the Borough with several streets named the same thing. An example is that threre are 6 Sunrise streets with different endings such as Way, Street, etc. in the Kenai, Soldotna area. i Mr. Don Aase stated that along with Mr. Malone, he was the original owner and developer of the subdivision several years ago. The intent was to name all streets in the area after nautical terms to go along with the fishing type industry in the area. Mr. Aase stated that he has never heard of a Sunrise family. Mr. Aase feels that street names should not be changed 10 years after a subdivision is developed. Mr. Joe Reynolds, 2705 Watergate Way. Mr. Reynolds referenced the connotation to the Watergate incidents that are now so infamous and feels the public should put those feelings aside. The word 4 watergate is a nautical term and since it is so seldom heard, it is rather unique. Mr. Reynolds requests the street name return to Watergate Way. Maxine St. John, resident of Sunrise Way. Mrs. St. John requests the street return to the name Watergate Way. i Mr. Sorells, resident of Watergate Way. Mr. Sorells also requests the name return to Watergate Way. There being no further public comment, Chairman Smalley returned discussion to the Commission. i Commissioner Bryson asked for a explaination of how the name was originally changed. Planning Specialist Loper explained that the name of Watergate was submitted along with several others, some by petition, some by the City. The resolution then went through public hearing at the Planning Commission and Council levels. i L 0 PLANNING & ZONING COMMISSION September 10, 1986 Page 3 MOTION: Commissioner Osborne moved approval of PZ86-42, seconded by ! Commissioner Bryson. i 1 Chairman Smalley requested that the two letters from Spicer and Leyfield be entered into the record before vote is taken. So 1 recorded. Commissioner Bryson asked if it would be feasible to postpone the public hearing for the purpose of gathering further public comment. , It was noted by the Commission, that, while not specified in the a " code, certified mailings were sent to all individuals along Watergate plus the public hearing notice. The Commisaion felt adequate notification was rendered. VOTE: Motion passed unanimously. b. Resolution PZ86-43: Variance to Rear Yard Setback - Lot 5, Blk 2. Northcate S/D --Meeks i Chairman Smalley opened the meeting to the public for comment. i Mr. Daniel Meeks came forward to explain his request. Mr. Meeks has been in the process of purchasing a home for his expanded family for two years. Due to his own financial situation and that of the area in general, it became more feasible to expand his current living area rather than proceed with the purchase of a new home. Due to the unusual configuration of the lot, a variance is necessary from the rear yard setback requirement. Mr. Meeks has contacted adjacent homeowners and has received their approval of the proposed addition. The nearest adjacent property owner is the Seventh Day Adventist church and they have indicated they have no problem with the construction. Mr. Randy Nicholas, Seventh Day Adventist Church and worker on Mr. Meek's project. Mr. Nicholas stated that there appears to be no problem and agrees that there is no problem. Chairman Smalley brought discussion back to the Commission. Chairman Smalley asked for staff comments. Planning Specialist Loper explained that the rear of the lot in question faces a - — - parking lot of the church so there appears to be adequate space between buildings and driveway. No other property would be - - - -- --- ------ -- affected by the construction. MOTION: Commissioner Bryson moved approval of PZ86-43, seconded by PLANNING 4 ZONING COMMISSION September 10, 1986 Page 4 Commissioner Osborne. } VOTE: i Motion passed unanimously. ".,"... 3 c. Resolution PZ86-44: Rezone Parsons Homestead N3 from RS to RR Chairman Smalley opened the meeting to comments from the public. d. Hearing and seeing none, Chairman Smalley returned the item to the Commission. t Councilman Wise stated that he feels very uncomfortable with " ' E approving a rezoning based on a preliminary plat. It would be ; preferable to rezone a parcel that has been finalled. Commissioner Bryson stated that he sees no problem. In the event that this property is developed and the developed wishes to retain the larger lots, this is the more desirable to ensure density. Commissioner Bryson asked in what the original plat of this subdivision was submitted, answer the original first plat was Inlet ..J Woods West Addition, then at the last meeting it was called Parsons • Homestead N2 and, finally, N3. Councilman Wise stated that he was not uncomfortable with the rezoning, only with the indeterminate - lines. MOTION: Commissioner Bryson moved approval of PZ86-44 with the additional _ stipulation that the approval be contingent upon the plat called Parsons Homestead N3 be finalled, seconded by Commissioner Zubeck. To clarify intent, the rezoning is specifically for a finalled plat called Parsons Homestead M3 rather then an indeterminate parcel of •. +_ land. VOTE: Motion passed unanimously. + S. APPROVAL OF MINUTES of August 27, 1986 ►"..; Minutes were approved as submitted 6. OLD BUSINESS -�- - - - None ..,Y .. ...... .di 7. NEW BUSINESS 1 � A. Preliminary Plat PZ86-45: Baron Park S/D _#6 L L N - — 7 ) PLANNING & ZONING COMMISSION September 10, 1986 Page 5 This property is City -owned lands, leased to Mr. Dan Roberts. Mr. Roberts appeared before the Commission some time ago with a lease revision which would accomodate the Pizza Hut restaurant which is under construction on a portion of the property. What this plat does is formally subdivide the property for the Pizza Hut. Mr. Howard Hackney, Building Inspector came forward and stated that, due to several sections of the building code, should the plat be approved with the 5' extending beyond the building, it would create a situation where the building would be in violation of the UBC and fire code. Mr. Hackney read several sections of the code, the bottom line being that the building would need 20' on the west side to eliminate the need to reconstruct the side of the building to meet the code. Chairman Smalley asked if these changes would prevent the developer from opening, answer yes. In the short term, an additional 10' plus modifications to the side wall would meet requirements. MOTION: Commissioner Bryson moved to postpone PZ86-45 to the next meeting and request the developer be contacted and the situation explained by Administration, seconded by Commissioner Osborne. Administrative Assistant Gerstlauer asked if the plat could be approved contingent upon the moving of the lot line in order that the paper work could be moved ahead for the lease revisions and not hold up the opening of the restaurant. Councilman Wise felt that since the developer was the responsible party and was notified of the meeting and did not attend, that the Commission was within its bounds to postpone and approve the plat in the correct manner. The Commission agreed. S. PLANNING Councilman Wise informed the Commission that a work session is scheduled for the Comp Plan. The work session will be between the Borough, Council, and the Planning Commission. The Council will notify the Commission when the date is set. 9. REPORTS a. City Council Chairman Smalley asked for some information concerning the Leif Hansen Memorial Park. Both Planning Specialist Loper and Councilman Wise explained the plan to the Commission. 7 I 1 PLANNING & ZONING COMMISSION September 10, 1986 Page 6 Councilman Wise informed the Commission that the Chamber of Commerce and the Council met in a joint work session to discuss turning Cunningham Park into a boat launch. The Chamber will provide the plane, a local engineer will assist and provide services. The matter will need to go to public hearing for comments and will probably begin at the Planning Commission. The Council and Chamber also discussed boardwalks in the flats area similar to that of Potter Marsh in Anchorage. This will not come to the Commission for public comment as the public is already aware of these plans. There are some property owners who may have concerns, however and these will be dealt with through theCouncil. _.; b. Borough Planning Commissioner Bryson informed the Commission that of the average of ,f. 20 - 25 plats reviewed by the Commission, recently as few as 6 have been reviewed indicating a considerable drop in speculation. -� The Commission is having the staff prepare a letter which will go to the Corps of Engineers regarding the permitting process for ! minor dock repairs. The letter will request such items as these be reviewed by a brief process or by the Borough. i c. City Administration ..' r { No report " 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD R None 11. INFORMATION ITEMS Under the Council agenda, Councilman Wise stated that the Council " had reviewed a set net lease and it was discussed after the meeting, that by code, leases are to be reviewed by the Planning r Commission. It is very likely that should more set net leases - expire, they will probably come before the Commission. 12. COMMISSION COMMENTS & QUESTIONS None - —T - — 13. ADJOURNMENT There being no further business, the meeting was adjourned at 8:05 i PM. The next regular meeting of the Commission will be Wednesday, September 24, 1986. L (71 I I ymat ratHou Ron= S293031. REGULAR ASSEMBLY MEETING 7g30 P.M. SEPTEMBER 2. 19061 BOROUGH ADMINISTRAALASKATION BUILDtN ore, SOLOOTM, owl C., -AGRYDA- A. CALL To ORDER OF BOARD Of ADJUSTMENT (6 P.M. 0A 4 '��`�s%8tL�9 B. HEARING Of APPELLANTS ���`� C. DECISION OF BOARD D. ADJOURNMENT 07 SOW OF ADJUSTMENT "SPECIAL PRESENTATION ON TIE KENAI RIVER PLAY BEGINS AT MO P.M." A. CAM TO ORDER yeah S. NJ= OF ALLEGIANCE atom MaGne C. INVOCATION Valli Mullen Crawford D. ROLL CALL Sewall Moore B. VACANCY, DESIOUTION OR SEATING OF ASSEMSLYMBMBqRS Caro Glick P. APPROVAL OF MOUTES (none) Meathein Va 0. COMMITTEE REPORTS 'kale tod 111C w Finance (Crawford Carey Feudal Johnson, Nash) McLane Johnson, (b) Lands/Resources (&a_gstsA. Faindai. Keene Johnson Mullen) (a) Local Affairs/Legislative (Moore. Date, "sted. Sewall. Crawford, Valli) (d) Public Works/Education (Sowell. Brown. McOahaft, McLane.Mullen, Valli) (a> Date processing (Johnson) H. AGENDA APPROVAL AND CONSENT AGENDA 4 .0 (a) Ron. 86-27 "Authorising a Negotiated Lend grate of 11, Section oorougpFutented Lands Described as Lot 30. Township 5 North. Range 11 West. Sward Morlftifte Alaska Robert L. Schmidt" (Molar) UMSIRES. h%. CHTE. (b) AppointmentS to Central Peninsula Hospital Board (a) Appointments to Advisory PlarMing COMLS$LbRB (HOP41, Moose Pass. Cooper Lending) I. ORDINANCE matuas (a) Ord. 86-49JCmto,, Sbptj "Amending the Kenai Peninsula ReLiquor License 00,005woo of wrolue"Vew specting 0119. LCL AM. FIN. CMTZ. Pllt'12411 (Mayor) PSTM (b) Ord. 66-64 "Amending the Borough Code of Ordinances PSTM 8121 go ugz&wkg Log&sl&ttva Bustoess"(ftGahan) P46P CHTE. (9) Ord 86-1478019stablshialt a New Chapter 5-09 to the Kenai anineuT I of0ul ode. for Instructions Specifying the eis roc@duLfor the Submission of a Casplete and o re end Procedures Acceptable BL411 (Brown) LCL AM. P.W.. FIN. CM. Ord. $6.47 Substitute "Establishing Did procedures to FAqULT6 %no rrvownum of the Public Works Director. the finance Director, and the Borough Attorney or His Designee at all Bid Contract* for Major Bond issue projects Over 11 A a i 4 W ;i • s 4 4 :E ;4 C S500 000 to Determine Qualifications of Bidders and d Requiring gt2et Compliance with All Bid Specifications" CHTE- :`; (Valli i Mcca an I.CI. APRS, P.W., FIN. (g) Ord._e 0 "Asanding tt: Borough Code of Ordinances to � row or ecevlee Area Board Msahit Compensation and M VIM. am. -• Reimbursement" (Mayor)(as amended) AFRB. (a) Ord. 86-67 "Adoptln66 an Updated Comprehensive Plea Val, a ey of Sol too" (Mayor)LOU. LCL AIRS CM. (d) Ord 86-68 "Adopting of a New Lomas Ma for the CM. CiEy oTSewaed" (Mayor) LNDS, LCL AFIS (e) Ord. 86-69 "Authorising the Receipt of 8601,053 from.. Transportation ffi-G-TER—Gof Alaska, Do artment of and Public Facilities, for Road Improvements in Road Service Arose Throughout the Borough and Appropriating the funds" (Mayor) FIN. P-W. CMTE. (h) Ord. 86-44 SBST� "Am-ndug KPB Chapter 5.18 to ^ �u or se IRS; creation. Recording, and Notice of Lion on Real and/oe Psr@anal Property to Secure Payment of a Sales Tax, Plus Interest. Penalties. and Administrative Costa to the Event of Qsliaqusneyy" (Finance Cate) DEFEATED N/MOf1GN TO RECON.I PIN. CMI'E. (!) Ord "Amending KPS 2.08.084 to Clarify Assembly 7g�endaFrre-paration Deadlines" (Nash) Enacted w/Rocon. J. INTRODUCTION Of ORDINANCES (a) Ord. 86-81 "Amending the Borough Code to Comply with Statute-' v s ons to Tttlq 29 of the Alaska (Mayor) K. CONSIDERATION Of RESOLUTIONS (s) Res ppcc n)h!p of Attendance AAW tCoonferaneih Sponsorship Will I Mu11 (b) es. 86-126 "Ratifying a Collective 86r8stninngg Agreement Borough and the Kenai Borough Epiosea me en a Association for fiscal Yeare 1986-87 Through 1918-89" (Mayor) YIN. CMTE. (a) eRe 86.127 "'Authorising the Sala of Surplus Borough _ ersonanal-Yr-operey" (Hayor)_LNDS. CHIC. (d) Ree:86-128''OQpo-ingthe Salary Cap Inletatiw" (Carey) ��Arms WETS. Y tG� L. PENDING LEOLSIATION (time this will be at a later :. as notedienotgforeaction (a) Ord. 86-73 "Codifying Requiremente for Contractors to Be in Compliance with Borough Tax Provisions" (Nash) i •• HEAR 9114 (b) Ord. 66.74 "Authorialns the Transfer of 826,000 free BudgetRecreation tildg"a(ay) 1 916SvAes too heCipia8,tMr ericerir (e) Ord. 86-IS "Amending the tend U-e Plan for the City of Kenai for Lot 1, Block 1 and Lot 6. Block 2 of Spurcewood Glen Subdivision from Medium/Nigh Density Residential to General Co�sarci-1. Section S Township S Nortb, Rang* 11 Nast, B.M. (Mayor) NEAR 9/iG (d) Ord. 86.76 "Amendial KPB 5.04.060 to Correct Appropri- rmi dt KPR S 04 080 to Pet atione Measure an Amen ng r Public Hearings for Eurgeney App oPsiitions" tMashl NEAR 9116 f L Ll N� L (a) Ord. 86.78 "Enacting a New Cade so tlon Nw�hesad RPS 5.12.105 to Grant an EReo►ption fsas Property tasation to Senior Citizens, Disabladdi Voteeans, and Their Bus - of Ri8alSFroporty Exceeding 1150.000. V he ssreesthhe ed Propstion rty toweed aa" Occupied asEa Permanent r 6tt Place o4 Abode by e` (4) of T 8ms7for Boroudir gh maayor"0(Naoh)tHEARp9/16t� Unit (g) BBoorough Records"b(policieshing ode 6 ProceduresieOn Access Cate) BEAR 9116 (h) 3r06,83.06,,3. 0,13. 2, 3.14. and61.16aind Amending/ Dsletta Other Provisions Contained in 1..he Kenai Peninsula Borough Code to Conform with Title 3" (Mayor) , (TABLED) (t) Ree. 85-161 "Approvingg the Terms of the Agreement KeiiePenlinsulaaBoroug forcthe AAcgaqsuutottioonn of Right -of -Way on Sport Lake "Ad" (Mayo) POSTPONED M. p=w !U)Er TIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE (a) Eddie Wood, Siberia-Alaeka Cultural Bschan66e (b) Ray Kalyan, Investment 6 Improvements to t1�a RPB N. PUBLIC t7OHNOTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT tint' CONTAINED IN THE ASSOMBLY'S AGENDA �? 0. MAYOR'S REPORT "!� •� P. OTHER BUSINESS b) VAmentdmentptotAAML Bylaawsd(v t yrequiredjbd., Adds. 1 Q. ASSZNELY AND MAYOR'S COMMENTS R. INFORMATIONAL MATERIALS AND REPORTS (a) Proposed ! Year Oil 6 Gas Leasing Program 8. NOTICE OF OUT MEETING AND ADJOURNMENT (Sept. 16. 1986) L 7-1 • Develo ment Resource, tm M Sulu 2A UNI. Mah 98501.3M0 So 100518, t for Alaska, Inc. s 5nehonQe, Ausb 885104518 - 8011218 0100 { EXEOUTIVE DIRECTOR Paula P. LaareY j oa Lr .. t a. Do Ch LOil e �._. To N F .. . _ ... ` F F l� v Y a. t� S TTeed 8� s Senator Frank Murko*W C iImear=no September 9, 1986 TO$ Members of the International Trade and Industrial Development Division A meeting of our division is scheduled: fors Wednesday, September 17, 1986 �N ; time: 7:30 - 800 a.m. at: RDC conference room (free street parking)``«�ZQ�°` 807 G St. Suite 200 TOPIC: Work session to prepare and approve specific text for BB 633 "Export Development Authority." informal presentations by Mr. Bert Wagnon, Executive Director, AIDA and Mr. Dan Dixon, Director, Office of International Trade. At our September 3 meeting, it was announced by Division ChairI(Alaska Industrial Development Authority.) by Larry Dinneen that BB 633 has been ) AIDA, (If you attended the July 16, 30, August 13, or September 3 presentations, please bring the information provided to you by Representative Martin, Dan Dixon and Rate Hanes, division liaison.) I look forward to seeing you there. Larry Dinneen Division Chairman P.S. Be sure to attend our Thursday breakfast forum, September 18, at 7:30 a.m. at the Northern Lights Inn. This week's topic is "Dredging for Bering Sea Gold", presented by Mr. Everett Bron, Alaska Operations Manager, Inspiration Mines. . L ~1 ti :.Y 4 - t 'i r< Resource Development 107 "T' SNat, Suit 200, Adoyap, Abib 99501.3440 / for Alaska, Inc. In 100516, Anthem, Autiu 695104516 - 00712764705 1° ••a August 28, 1986 EXECUTIVE DIRECTOR Paula P. Easley �OVFICIO MEMBERS Senator Ted Stevens BMW Frank MUrkowekl Congressman Den Young t3ovemor Sill ShelNeld ®an X Lynn Gabriel, Stak$;.Liaison FROM: RDC Renewable ResourEeaiRi n • a RE: Fisheries Committee Activity Michael Broili, Chairman of the Resource Development Council's Fisheries Committee, and I would like to invite you to join us at the next scheduled meeting on Thursday, September 18, 1986. The meeting will be held at U 00 p.m. at RDC's offices on 807 G Street, Anchorage. The first meeting was held last week; I've enclosed a copy of the minutes and sign -in sheet. if you would like to contribute to one of the subcommittees, please contact the proper chairperson before the general committee meeting. We would like* to have your input and are happy to accept comments and suggestions by phone or mail. Don't lat inability. to attend meetings prevent your involvement. Please let us know by the September 18 meeting whether or not you'd like to contribute to the group. A positive response ensures that you will be mailed meeting notices and copies of the minutes when you are unable to attend. Keeping our mailing costs in line is a priority. Your response now will keep you on our active list for three months. If we hear nothing from you during that time, your name will be dropped from the mailing list. organisation is not already a member • we ask you o nd back up your commitment with a financial investme asic memberships help defray our maili s. We that people who I have inve eir dollars have a spec rest in maki in w�orll,. ��qatlabtank ��CI'v nclos amembership applic f r . Though like you specifically with fisheries, memb - as_ypa to participate in any other d ns you choose. We welcomb'yoin-4nvolvement. Please call me if you have any questions. We look forward to hearing from you soon! 7 I a; g :I t a�� C®ur�cI Developme BS8134t0 Resource 8u1 "r Sheet, Suitt w. Mthano, Awla 8 • for Alaska, Inc. But 100511. Ao kMP. Nub 8811"516 - 88118180188 MEMBERSHIP APPLICATI011 Names Title: phone number: Company/organizations Mailing Address: Referred by% Enclosed is: $ (See reverse for categories) Method of payment: Check .---- MC/VISA # Expiration date 4 1-% Alaskans to improve Welcome to RDfC iife through soundkans resource development." We the quality look forward to seeing you at our Thursday breakfast meetings at -.- >-- .----- ---- --- Remember, your individual efforts can be the Northern Lights inndivision or other committee activities. more effective through n Bo Brownf ield RDC President is L �l } - DATABANK FORM { CONFIDENTIAL INFORMATION UPDATE REQUEST FORM June 1986 Dr/Mr/Ms (e First Middle Last - Titles _.s - - - Firm/Organization: lj ` - Address at which you prefer to get RDC mailings: Work Phone: Home Phone: RDC ISSUE DIVISIONS. Selecting one or more of these divisions will help us direct information of interest to you. We urge you to get involved with the activities of your chosen division(s). Examples include ad hoc _- committee work, testimony preparation and discussion groups. (1) RENEWABLE RESOURCES: Agriculture Fisheries Forestry Tourism n t (2) LANDS .� (3) MINING (4) OIL & GAS (5) POWER DEVELOPMENT (6) INDUSTRIAL DEVELOPMENT/INTERNATIONAL TRADE f; � 1 RAY WE CALL ON YOU FOR HELP? Often, a specific project requires just that extra measure of support to get it off the ground. Your in -kind contribution may be credited to your member account. Please let us know if you would be willing to help out with any of the following: Copies Offset printing Air fares Postage Typesetting Hotel accommodations Office supplies Graphic Artist Typing Audiovisual Other Telecopy/Telex Writing Word Processing Research Phone Calling Photography If you are not already on our mailing list for Thursday morning breakfast forum information, would you like to be included? Yes_.., Signature of authorization Date Thank you. RETURN TO: RESOURCE DEVELOPMENT COUNCIL P.O. Box 100516 Anchorage, AK 99510 907-276-0700 L =I I � 1 t i n R n s 00 cc Nr < 0~ wO a ° z G 70 °d`'`ao. Ito 8 CIO ' 8 0 o O g , $ O ' r 1 • O \n o in t�) I g d r 'O . Al Fj o m OT 'J•� d a gall was ;s o 1 Z �z --41) SOA rtiW )Ip IAunon ��a � Rlitlwng gJ �l �anlblap H ❑— o�:eul�li' Ra0.1011tl n_� 'tr.+l 6t1��� 1.1 ,0 �•,l,a I ,r�'!f109 a0d Walo 41 98+�� 0 �o OD o � � �o. O jO � 1-S $ts ' 4 a O O � o 0 6 M M C) h � ao u u� i o Cps � V w C � � �oba o 0 o�� d a t�•7 OC 2 O V $0 I 1 I i I 1, I OC 2 O V $0 I 1 I i I 1, I O O a I r Irv, i 0000000000000000000000000000 i { o000000000000000000000000000 �P- 00000a0000000000000000r0000 r� ri r4 r 1 r� •� r� .� rl .4 r4 rj rd r♦ -Ir� r� r� r-1 r0a ri r01 ri 4 0-4 r-1 r4 , 1• �• .• 1• l• �• I; 1• 1• \• �• �• 1• 10 1• 1• ,• ; ,• 1• I I. I• 'S 1• 1• ,• `. 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S ii V a C 7 <7 N M i L CONTRACTORS OWNER Q ARCHITECT AFFIDAVIT OF CONTRACTORSURETY ❑ RELEASE OF LIENS OTHER [) AIA DOCUMENT C706A i TO (Owner) ARCHITECT'S PROJECT NO: City of Kenai CONTRACT FOR: General CI Dept. of Public Works Box 580 2enai, Alaska 99611 J CONTRACT DATE: May 31, 11 PROJECT: Kenai Library Addition (name, address) Kenai, Alaska State of: Alaska County of: The undersigned, pursuant to Article 9 of the General Conditions of the Contract for Construction, AIA Document A201, hereby certifies that to the best of his knowledge, information and belief, except as listed below, the Releases '. or Waivers of Lien attached hereto Include the Contractor, all Subcontractors, all suppliers of materials and equip- ment, and all performers of Work, labor or services who have or may have liens against any property of the Owner arising in any manner out of the performance of the Contract referenced above. v EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the 4 I. Owner for each exception.) r + SUPPORTING DOCUMENTS ATTACHED HERETO: 1. Contractor's Release or Waiver of Liens, condi- tional upon receipt of final payment. h 2. Separate Releases or Waivers of Liens from Sub- contractors and material and equipment sup- " pliers, to the extent required by the Owner, ac- �- --- �- companied by a list thereof. CONTRACTOR: Landmark Commercial ContractnTs, Inc. I , Address: 958 North 127th Stx,set Se let A 133 � /-7 BY: Terryy R. Lavin Subscribed and sworn to before me this 1 day of 04A) eV 7 . 19 Notary Public: arL fu �B2c My Commission Expires• IV } (; AIA DOCUMENT G"&A •CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS • APRII 1970 EDITION •AIA 1: m 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., NW, WASHINGTON, O.C. 20005 L ONE P CAE i J k •i F I - - i OFFICE OF 'i i iL•• utiwC ruit UP LU.a I W. k" t ►uw i CU�:SGN'r OF SURETY COMPANY TO FINAL PAYN-L"N': P1:O•1EECT: ADDITION TO THE KENAI COMMUNITY LIBRARY Bond No. U541731 ' KENAI, ALASKA TO (O,vner) CITY OF KENAI PROJECT NO. 110 FIDAGLGO STREET CONTRACT FOR: KENAI, ALASKA 99611 tl aAT&nal Cummunity Library aftA CONTRACTOR' LANDMARK COMMERICAL CONTRACTORS, INC. 1207 E. 74th Avenue • Anchorage, Alaska 99502 "id a� daac with the provisions of the Contract between the Owner and the %j`Co'atra46rar a�:; indicated above, the (here insert name and address of Surety ' United Pacific Insurance Company . SURETY COMPANY, on bond of (here insert name and address of Contractor) LANDMARK COMMERICAL CONTRACTORS, INC. hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to piere insert name and address of Owner) CITY OF KENAI N , CONTRACTOR, as set forth in the said Surety Company's bond. Surety expressly agl es or any and all valid claims of subcontractors and all persons supplying materials to tha project will be satisfied by Contractor or Surety in a timely manner. , OWNER, IN WITNESS WHEREOF, 13th August 19 86 the Surety Company has hereunto set its band this day of Att st: (Seal): United Pacific Insurance Company Surety Company qSn atur o oed'Representative Title MON m U � � 1-0 llilliminti Ills 90 1 I mill ammilmil millinini I millillimillillimilai I NIMBI lmilimimin loll, I limilli 1111 ImI11IIllImImm 1 1 illimillillinimilum IN in 11111111 11 1 I mill I Sim mill III I 14. 40 —~~~ � _ mN . .� . ! ' ` �. | » ^ | o / l 4 »| � m/ m� � m' ` m m ' s - 3 , 4 25 o mo »» ! 28 � � / ^ w ` oo � -�'-_-- / m ! � 32 �p!/ �m ' m| m i 'm vu| m � 4m c F F s s _ j ._1... , ' }I i i- I ' t �� OTNA. A�ABK4 A9H CONSU T G E E S aea- e . September il, 1986 CORRECTED STATEMENT :Ao aa, Keith Kor nel i s 0, .:.;;,.�� � W � • � Director of Public Works City of Kenai P.O. Box 580 Kenai, Alaska 99611 Airport Main Apron Extention CAD - Project No. 85043 Progress Billing @10 thru August 30, 1986 Professional Services Principal Engineer - 1.5 Hours @ $67' $ 100.50- Project Engineer - 40.5 Hours @ $57' 2,308.50- Technician II - 6.5 Hours @ $42 - 273.00 - Draftsman I - 0.5 Hours @ $35 - 17,50.- 02,699.50 TOTAL AMOUNT DUE THIS BILLING: $2,699.50 sg POR COMIL MEETING µ�—T d L , m1f- ---0 a a we Woks 611y 1r trw aro�..« � s�emuua Cwwur OK ONG (3Ya w�—• In .� 90 TNA. AlA6 �e _ is September 10, 1986 (ST 4--..M---�- gip STATEMENT �� - Mr. Jack LaShot , h�V,� 1 CITY OP KENAI ^ •c,/r ��.. �. _.4 P.O. Box 580 �.. » Kenai• Alaska 99611 F, Cook Inlet View/Lilac Project Number 86074 '•s Progress Billing 62 - thru September 7, 1986 5. y PRDPESSIONAL SERVICES Principal Engineer - 5.0 Hours @ $84" Project Engineer - 43.0 Hours @ $72' Inspection - 137.5 Hours @ $45' Technician III - 14.5Hours 9 $38' 4E".. Secretary I - 1.0 Hour @ $32- SURVEYING • s 2-ManCrew - 21.5Hours @ $109" TESTING Sieve Analysis, PA - 4 @ $65' Sieve Analysis, CA - 3 @ $50' Nuke Rental - 4 days @ $100' Lab Testing � g per Attached Summary �� �r� � nip-y�%y%.•�.2_ l�l,'�..�.�i,�.5 K �1 og 4. XrVP-0 —/0 ,. " r • $ 420.00' 3,096.00' 6,187.50' 551.00- 1-Z.AWAD. Total Charges: No Sales Tax: 20TAL AMOUNT WE: $ 260.00 " 150.00 - 400.00 - -Llll..O.Q irk L 010,286.50 � 2,343.50- $14,551.00 -0- $14,551.00 � I Z: At F-0 - KENAI BEAUTIFICATION COMMITTEE September 9, 1986 City Hall conference Room Tim Wisniewski, Chairman 1. ROLL CALL Present: Wisniewski, Hakkinen, Jackson, Nelson, Selby, Sheldon Absent: Heldebrandt, O'Reilly Also Present: McGillivray, Bailie, Gintoli, Boysen Both persons have indicated that due to time constraints they will be unable to attend further meetings, however, no formal letter of resignation has been received. 2. AGENDA APPROVAL No formal agenda submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD A. Carmen Gintoli - Plans for Eastern Entry Trianale Park At the last meeting of the combined Committees, the design was changed in relation to the walkways and Mr. Gintoli was to add electrical service lines for the fountain and flag pole and . possibly the gazebo. The new design entailed all of those details No decision was necessary at this point. b. Mr. Boysen-- Airport Trianale Prolect Mr. Boysen brought a pencil design and stated that the Rotary Club a has about 320 man hours pledged for the project. The design was scaled down concept from the design originally drafted, however, the design will still carry a plan for an interior access. Mr. Boysen went on to explain the situation regarding the railroad ties to the Committee. Mr. Boysen had spoken with local building suppliers and ascertained the grades available and felt that the grades would be inferior to those of the ties that are available through a railroad supply firm in Spokane Washington. Using Mr. Gintoli's design and his own, and allowing two ties for each grade change, Mr. Boysen estimated about 600 ties for the project. The A- � ties are about lox9l, the cost estimated at $12.95 per tie. Mr. Boysen felt that the Rotary Club would be able to pick up a portion of the shipping costs through Sealand Barge, with Kenai paying the cost from Anchorage to Kenai. The ties could be in Kenai within a 2 to 3 week period depending upon time of barge departure and when the purchase order number is available. Keith Kornelis explained that the money would have to be appropriated and then the purchase order approved as the money was BEAUTIFICATION COMMITTEE September 9, 1986 Page 2 in last years' budget and ended July 31st. Councilwoman Bailie ,s suggested the use of the emergency method in order to get the t; project moving prior to freeze-up. The earliest the ties could be in Kenai would be sometime in early October. Mr. Boysen stated that he has spoken with Mr. Zubeck who has already placed some fill s on the site. Mr. Zubeck indicated that more fill would be available, however, the amount is unknown as Mr. Zubeck plans to use a portion of it for the remainder of the road widening project. e Mr. Zubeck is willing to continue to donate some of the dirt work required. Once the ties are in Kenai, the project will move ahead quickly, depending upon weather. Chairman Wieniewski asked for a schedule for what could be accomplished this fall. Mr. Boysen stated that the concrete on the walkways will have to be "cured" for about 2 weeks prior to f backfilling. Within a 3 week time frame the ties could be here --� dependent upon Council action. Mr. Gintoli informed the Committee that he has been able to get ties locally for around $11 each which i' are not treated and of good quality for the purpose the Committee "'�..".. has in mind. He has personally used these ties around his own = home. Committee Member Jackson asked what happened to the trees that were .(� on the site prior to the excavation, Mr. McGillivray answered that the usable trees have been removed to other locations, and the t;. unusable trees have been discarded. It was the consensus of the Committee to move forward with the purchasing procedures to purchase and ship the 600 railroad ties per instructions from Mr. Boysen. The Rotary Club will furnish the man hours estimated and will make every effort to begin whatever 4 c work is possible this fall in preparation for the full completion of the project in spring. 4. ADJOURNMENT There being no further business, the meeting was adjourned. " Janet A. Loper, Planning Specialist Secretary to the Committee Y I ��t qi t IV L L r-1' C. F -11 l Nelson &Associates no BUrM M4 KENN. September 10, 1986 .N.TWPO STRUCTURAL Keith Kornalis Public Works Director City of Kenai 210 Fidalgo Street Kenai, AK 99611 Re: H.A.S. PROJECT Dear Keiths Under separate cover we have submitted final pay quanitites and change orders for this project. We will be submitting: project, record documents to you shortly. Thank you for the opportunity to assist the City of Kenai with this project. Should you need additional services an this, project please feel free to call me. I have enjoyed working an the project and believe that although it has been a tough project to bring to completion, the end product constitutes a well built road that should provide the City with years of good service." Sincerely, Wm. J. Nelson & Associates iinincipai J. Nelson, P.E. C.! • PAY ESTIMATE CITY OF KENAI Fw )age Z:A r-V 0 NO: i/ Project EAST ALIAK ST. I NORTH HIGHBUSH LANE, SWIRES DRIVE SOUTH HIGHBUSH LANE, AND BUMBLEBEE STREET Contractor Construction Unlimited, Inc. Address 8821 Emerald Drive Anchorage, Alaska 99502 Project NO Phone 24 -6490 Period From 7jp taro to 9� ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Ol Original contract amount $768,605.80 �O2 Net change by change orders 2�3OOrv• G{f " O3 Adjusted contract amount to date `4 ANALYSIS OF WORK COMPLETED ® Original contract work completed 8.-6 zzel, -3©' F OS Additions from change orders completed /Oe34/8 •58 © Materials stored at close of period O7 Total earnedO4 +O5 + O6 = 9zly �9�. g8.x } Less retainage of -S— percent y72/ rc ! L -; - - -- -- - O9 Total earned less retainageO7 -OS �9? 407Q. �y -=r----=---Y_----- 10 Less amount of previous payments - - —9 -• .. © Balance due this payment ����737 7�Y cc: Contractor Construction Unlimited, Inc. Engineer Wm. J. Nelson 6 Associates L Page 2 of 15 PAY ESTIMATE N0:9 EAST ALIU STREET, NORTH HIGHBUSH LANE, SWIRES DRIVE, SOUTH HIGHBUSH LANE, AND BUMBLEBEE STREET CERTIFICATION OF CONTRACTOR Aceordiag to the best of my knowledge and belief, I certify that all items and amounts shown on the face of this Periodic Estimate for Partial Payment are corrects that all work has been performed and/of material supplied in full accordance with the requirements of the tefetenced Contract. and/or duly authorized deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to and including the last day of the period covered by this Periodic Estimate; that no part of the "Balance Due This Payment" has been received, and that the undersigned and his subcontractors have -(Cheek applicable line) a. /complied with all the labor provisions of said contract. b.M,0 Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with re- spect to said labor provisions. (if (b) is checked, describe briefly nature of dispute.) By Construction Unift L°99; Inc. (gtgnature of Authorised Representative) _e4 CERTIFICATION OF ARCHITECT OR ENGINEER I certify that l have checked and verified the above and foregoing Periodic Estimate fat Partial Payment; that to the beet of my knowledge and belief it is a true and correct statement of work performed and/or material supplied by the contractor, that all work and.'or material included in this Periodic Estimate has been inspected by me and/or by my duty authorized representative or assistants and that it has been performed and/or supplied in full accordance with requirements of the reference contract; and that supplied it payment to date claimed and requested by the contractor is correctly computed on the basis of work perfotmed and/or mate- 0.0 Signed -GC Wm J. e: ie�-054yerthtes Date PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER Cheek type of payment Certified: C I have checked this estimate against the contractor's Schedule of Amounts for Contract Payments, the notes and reports of my I'll pections of the project, and the periodic reports submitted by the architect/engineer. it is my opinion that the statement of work performed and!ur materials supplied is accurate, that the contractor is observing the requirements of the contract, and that the contractor should be paid the amount requested above. Cj 1 certify that all work and:'or materials under the contract has been inspected by me and that it has been performed and/or sup- plied in full accordance with the requirements of the contract. m. J. Nelson 6 MWIO&OEW (Dote) Approved 4 .. (Contracting Officer) (Date) L L L b s 0 y 1, • CITY OF KENAI .,,od eat 4 4"„ 210 FIDAL00 KENAI, ALASKA M11 TREPNON8 283. MO September 11, 1986 OceanTech 5333 Fairbanks, Suite 11 Anchorage, AK 99518 ATTN: Mr. Bill Mendenhall SUBJECT: KENAITZE COURT Deer Mr. Mendenhall: I am in receipt of your letter dated September 8, 1986, to Jack LaShot concerning a bill for $536.40 for a trip to Kenai concerning the above subject project. I am returning this letter/bill unpaid since I do not feel that is justifiable. I told you that the. Council of the City of Kenai would be discussing design problems on Kenaitze Court and that your firm may want to have a representative at the meeting. I did not say that the City would be willing to reimburse or pay your firm for an appearance. I have been very concerned from the very start of the design of this project and through the inspection of the project of the management and decision me king procedures having to come from Anchorage. One of the selling points that you presented to our City Council in obtaining the jobs that you have with the City of Kenai, is that you are now a local firm with an office in Soldotna. While your firm may rent some space in Soldotna, no one from your firm can be reached at the office and we have to continually call Anchorage at two or three different numbers where you are working an other projects. The request for additional payment for your trip is denied. The trip was made on your firm's behalf at your discretion. Sincerely, Keith Kornelis, Director Public Works Department KK/aw L .0 0 September 8, 1986 City of Kenai 210 Fidalgo St. Kenai, AK 99611 ATTNt Jack LaShot REe Kenaitze Court Mr. LaShott On August 5, 1986 Bill Mendenhall was requested by your department to appear at a City council meeting to justify the design of Kenaitze Court. Ocean Technology Ltd. considers this to be a - service that was not included under the design contract since the construction of the project was near finalization when this request was made. The original design, while questioned and subsequently redone, was fundamentally correct. Granted, the impending design will lower the grade in some sections of the roads the criteria that was set forth to us in our initial meetings has changed considerably. Our design optimized the best use of the roadway given the confines in which we were given. Changing the design criteria after it was complete is similar to changing the rules in the middle of a game to accommodate a disenchanted player at the expense of another. OceanTech realizes there are many forces at work in any city political decision, however, we feel that in this particular instance the council behaved in a. prejudiced and preconceived manner by making us out to be the guilty party and was not receptive to hearing the design reasoning behind the road location. The direct costs associated with the trip to Kenai to defend our design are as followsi Engineer I 7 hrs @ $65.00/hrs......... $455.00 Airline Ticket $74.00 + 10%........... 81.40 Total Due ............................. 536.40 Should you have any questions regarding this matter, please feel free to contact me at 563-2060 Sincerely, OCEAN TECHNOLOGY., LTD Bill Mendenhall Project Engineer BM:gh 5333 Fairbanks Street, Suite 11 / Anchorage, Alaska 99518 / Telephone (907) 563.2060 L L 0 t.' J ._ - - -_ . V - r0E ,.T.nlr'O -- / a 9(cnal Community Idna•zy A PUBUC USRARY IN SERVICE SINCE 1949 103 MAIN STREET LOOP KENAI, ALASKA 90511 REPORT FOR THE mom OF AUGUST 1986 Circulation Adult Juvenile Easy Books Fiction 1735 492 1211 Non-fiction 1533 140 313 Total Book Circulation Films, Phonodiscs, Pampblets, Periodicals Total Circulation Additions Adult Juvenile Easy Books AV Gifts 116 12 39 15 Purchases 116 29 39 10 Total Additions Remedial and Re -worked Books Adult Juvenile Easy Books AV 45 13 11 1 Interlibrary Loans Ordered Received Returned Books 100 51 38 AV 9 13 13 Interlibrary Loans by our Library Books Films AV 30 44 25 Volunteers Number .. 30 Total Hours .. 676 Income Fines and Sales Books $ 566.31 Lost or Damaged Books 75.25 Xerox 184.50 Donations 1.00 Notary 7.50 Total Income for August, 1966 .. $834.56 .L L 5424 341 5765 182 194 376 70 �E �_i I 77' 9(enai eomm"ntty .fdnazy A PUBLIC LIBRARY IN SERVICE SINCE 1949 183 MAIN STREET LOOP KENAI, ALASKA 99611 Library Cards Issued August 2986 Kenai 107 Anchorage 2 Clam Gulch 6 Homer 1 KaBilof 6 Ninilchik 1 Nikiski 25 Soldotna 54 Sterling 3 207 Library Patronage ... 6,345 Persons i I i I .. h -r , .I •. 1. ' _ � F- KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES AUGUST 5, 19861 7:00 P.M. HOMER HIGH SCHOOL AUDITORIUM HOMER, ALASKA .. '.; to E j '� Pam A, CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION: Assemblymember Carey ���9tSttr1L�2cJ 1 D. ROLL CALL - E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: July 22, 1986 1 Appvd. G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Fandel, Johnson, Nash) (b) Lands/Resources (Skogstad, Fandel, Johnson, Keene I (c) Mullen) Local Affairs/Legislative (Moore, Dale, Skogstad, Sewall, Crawford, Walli) 2 (d) Public Works/Education (Sewall, Brown, McGahan, McLane, Mullen, Walli) 2 (e) Data Processing (Johnson) H. AGENDA APPROVAL AND CONSENT AGENDA 2 Adopted (a) Res. 86-109 "Amending the Allocation of Municipal Grant $55,000 Funds rov died in Res. 86-99 By Transferring from Cohoe Loop Road and Sport Lake Road to Robinson - Loop Road" (Mayor) (b) Res. 66-110 "Authorizing the Mayor to Enter Into a ontract for the Remodel of Nikiski Fire Station fl and i2" (Mayor) (c) Res. 86-114 "Designating September 1986 as 'Sign Amnesty onth" (Mayor) (d) Ord. 86-68 "Adopting of a New Zoning Map for the cityo'3'eward" (Mayor) SET FOR HEARING (e) Ord. 86-69 "Authorizing the Receipt of S601.053 from t e a e of Alaska, Department of Transportation and Public Facilities, for Road -Improvements in Road Service Areas Throughout the Borough and Appropriating the Funds" (Mayor) SET FOR HEARING i. ORDINANCE HEARINGS (a) Res. 86-87 "Accepting the Schematic Documents for the New es omen Elementary School Prepared by Architect 2 Adopted Harold Wirum" (Mayor) (b) Rea. 86-92(Sbst) "Approvingg the Purchase of Lot 1 Containing 14t 8ubT�fe on From John and piola Hansen Acres for the Use by the Kenai Peninsula Borough 3 Adopted School District as a School Site" (Mayor) (d) Ord. 86-53 "Authorizing Indebtedness by the Issuance of GeneralObligation Bonds in an Amount Not to Exceed $10,343.533 for the Purposes of Acquiring, Designing. Managing. inspecting, Improving. Constructing and Equip- ping the West Homer Elementary School and Pledaing Full Borough with Payment of the Faith and Credit of the Indebtedness to be Derived from Taxes Levied with the Borough. and Subject to Approval by the Voters of the 5 dd Regular Election on October 1. 1986" (Mayor) toti L I t 1 I i 1 - f J 1 a�¢ -r LA J. K M. N. 0. P. Q- R. S. A (e) Ord. 86-49 "Amending the Kenai Peninsula Borough Code or ordinances Respecting Liquor License Protests" 5 petppnd (Mayor) to 8/19 INTRODUCTION OF ORDINANCES (a) Ord. 86-67 "Adopting an Updated Comprehensive Plan 5 Set Hrg tar the ETty of Soldotna" (Mayor) 9/2 (b) Ord. 86-70 "Reducing Assembly Member Expense and Car 6 Deftd. owance (Carey) (c) Ord. 86-72 "Providing for an Elected Board for the centraliCenai Peninsula Hospital Service Area and Rati- fication of this Ordinance by the Voters" (McGahan) 7 Deftd. CONSIDERATION OF RESOLUTIONS (a) Res. 86-101 "Approving Various Changes to Budgeted 8 Ado ted osit%ne and Job Descriptions" (Mayor) Adopted (b) Res. 86-102 "Establishing Requirements for Contractors to"o Be inZompliance with Borough Tax Provisions"(Myr) 9 A,doptedas d (c) Res. 86-104 "Placing on the Ballot for the Reguinr Amn Borough Election, Ratification of the Borough Ordi- nance Limiting the Term of the Mayor to Two Consecu- 9 Deftd. tive Terms" (Moore) (d) Res. 86-108 "Requesting the Kenai Peninsula Borough District oard to Take Certain Actions"(McGahan/Walli)10 Adptd (h) Res. 86-116 "Authorizing the Transfer of $207,624.97 oi'L51t6T-Funds from Various Accounts to Robinson Loop 10 Adptd Road" (Mayor) (i) Res. 86-117 "Requesting the Alaskan Delegates to the n to ates Senate and House of Representatives to Seek a One Year Postponement of Vote on Amendments to ANCSA to Allow and Provide for Further Public and Local Governmental Comment and Discussion" (Mayor) 11 Incmp L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as notedt not for action this meeting.) (a) Ord. 86-52 POSTPONED TO 8-19-86 (b) Ord. 86-55 HEAR 8-19-86 (c) Ord. 86-56 HEAR 8-19-86 (d) Ord. 86-57 HEAR 8-19-86 (e) Ord. 86-58 HEAR 8-19-86 (f) Ord. 86-59 HEAR 8-19-86 (gg) Ord. 86-61 HEAR 8-19-86 (h) Ord. 86-62 HEAR 8-19-86 (i) Ord. 86-64 HEAR 8-19-86 R) Ord. 86-65 HEAR 8-19-86 ( ) Ord. 86-8 (TABLED) (1) Ord. 86-44 REF. TO FINANCE CRT. (m) Ord. 86-47 HEAR 9/2 (n) Ord. 86-50 HEAR 9/2 (o) Res. 85-161 POSTPONED (p) Res. 86-27 POSTPONED (q) Res. 86-28 POSTPONED FORMAL PRESENTATIONS WITH PRIOR NOTICE (a) Asaiah Bates. Steve HerbertMary Henry. concerning? So. Peninsula Hospital Service Area PUBLIC COMMENTS AND PUBLIC PRESENTATIONS MAYOR'S REPORT OTHER BUSINESS ASSEMBLY AND MAYOR'S COMMENTS INFORMATIONAL MATERIALS AND REPORTS NOTICE OF NEXT MEETING AND ADJOURNMENT (Aug. 19, 1986) L N I L n i? a qq .( v ,t 1 , �1 1: `1 i A KENA? PFNINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES AUGUST 5, 19861 7e00 P.M. HOMER HIGH SCHOOL AUDITORIUM HOMER, ALASKA A. CALL TO ORDER The regular meeting of the Assembly was called to order at approximately 7 p.m. in the auditorium of the Homer High School by Pres. Betty Glick. SPECIAL ITEM: Governor Sheffield addressed the Assembly and persons present concerning recent budget cuts. He stated further considera- tion of cuts would come in October and January. He reported the operating budget had been cut 15% and he restricted ap roximately $250 million in the capital bud et (allowing federal projects too forward). The East Hill Rd. project will be started and hopefully it can be completed in two years. He stated the brunt of the impact of reduction in oil dollars will be borne by the state government with some being passed through to the municipalities. He commented the private sector has been cutting back for two years and it was time for government to do its share. Rep. Andre Marrou announced the House Special Cmte. on Oil & Gas was having a meeting August 11, 10- 4 p.m., teleconferenced to many locations including Homer and Soldotna. He stated they would address the question of how low should the price drop before pumping of oil ceases and whether to encourage the federal government to allow exploration on ANWAR. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Assemblymember Carey. D. ROLL CALL PRESENT: Assemblymembers Nash, Brown, Walli, Johnson, Mullen, Moore, Carey, Glick, McGahan, Dale, Skogstad, Fandel and McLane Mayor Thompson, Admn. Asst. Best, Atty. Boedeker, Public Works Director Hakert, Engineer Conyers, Assessor Thomas, Personnel Director Campbell, Borough Clerk Brindley EXCUSED: Assemblymembers Crawford, Sewall and Keene E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES The minutes of the July 22, 1986 regular meeting were approved as written. G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Fandel, Johnson, Nash) Mr. Carey stated the committee met and recommendations would be forthcoming with appropriate agenda items. lb) Lands/Resources (Skogstad, Fandel, Johnson, Keene Mullen) Mr. Skogstad reported the Lands Cmte. met jointly with Local Affairs and discussed with representatives of Kachemak Gun Club an appropriate site for their development. A recommendation would be made at the next meeting. Also considered were site selections for other uses. L s . .J .. KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 5. 1986 (c) Local Affairs/Legislative (Moore, Dale, Skogstad, Sewall. Crawford, Walli) Mr. Moore encouraged members and administrative staff to give the committee input as to what to recommend to AML for legislative recommendations. (d) Public Works/Education (Sewall. Brown, McGahan. McLane, Mullen. Walli) Mrs. McGahan deferred her report until projects are considered. (e) Data Processing (Johnson) Mr. Johnson reported he had planned to announce the preparation of an ordinance concerning disposal of outdated computer records at the July 22 meeting. The ordinance was written but substantial modifications have been discussed at the subsequent committee meeting and he would request the withdrawal of Ord. 86-71 for rewrite. H. AGENDA APPROVAL AND CONSENT AGENDA The agenda was approved and the Consent Agenda adopted as shown, following the deletion of Res. 86-88(Sbst), Rea. 86-111 and Ord. 86-71 and the withdrawal of Ord. 86-67 from the Consent Agenda. (a) Res. 86-109 "Amending the Allocation of Municipal Grant Funds rov ded in Res. 86-99 By Transferring $55,000 from Cohost Loop Road and Sport Lake Road to Robinson Loop Road" (Mayor) (b) Res. 86-114 "Designating September 1986 as 'Sign Amnesty onth" (Mayor) (c) Ord. 86-68 "Adopting of a New Zoning Map for the tv of ard" (Mayor) SET FOR HEARING SEPT. 2 (d) Ord. 86-69 "Authorizing the Receipt of $601,053 from the Stat f Alaska, Department of Transportation and Public Facilities, for Road Improvements in Road Service Areas Throughout the Borough and Appropriating the Funds" (Mayor) SET FOR HEARING SEPT. 2 I. ORDINANCE HEARINGS (a) Res. 86-87 "Approving the Schematic Documents for the New West Romer Elementary School Prepared by Architect Harold Wirum" (Mayor) Mrs. McGahan reported Public Works Cmte.-recommended the resolution be postponed indefinitely. There was no public comment. ASSEMBLYMEMBER MCGAHAN MOVED THE ADOPTION OF RES. 86-87. Mrs. McGahan reported Mr. Overman addressed the committee as well as PAC representative Mary Ann Gross who urged purchase of the property but not pursuing the schematics at this time. Mr. Brown reported consideration of a two story school rather than the one story prototype as an economic alternative in the long run. ASSEMBLYMEMBER BROWN MOVED TO POSTPONE RES. 86-87 INDEFINITELY. - 2 - L N a I • KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 5, 1986 Mr. Carey noted the resolution deals with two actions, approving the schematic documents and approving the proposed scope and nature of documents the project. He supported amending to accept the prepared but not the entire scope. ` POSTPONEMENT FAILED BY A VOTE OF 7 YES TO 6 NOI Nash, Johnson, Carey, i Glick, Skogstad and Fandel voting No. i i ASSEMBLYMEMBER McLANE MOVED TO AMEND RES. 86-87 BY DELETING THE LAST HALF OF SECTION 1 FOLLOWING "Harold Wirum are" AND INSERTING "accepted." MOTION APPROVED BY UNANIMOUS CONSENT. Mayor Thompson verified this would not be a commitment to this specific design when the school is built. ASSEMBLYMEMBER MOORE MOVED TO CORRECT THE TITLE TO COINCIDE WITH SECTION 1 BY CHANGING "APPROVING" TO "ACCEPTING" AND IT WAS APPROVED BY UNANIMOUS CONSENT. — - RES. 86-87 AS AMENDED WAS ADOPTED BY UNANIMOUS CONSENT. (c) Res. 86-92 "Approvin the Purchase of Lot 1 Subdivision 14t Acres for the roi�oFn and Viola ansen Containing Use by the Kenai Peninsula Borough School District as a School Site" (Mayor) r Mrs. McGahan reported the Public Works Cmte. recommended adoption. i Mr. Carey reported the Finance Cmte. recommended adoption. Chris Nowark, Homer, encouraged a positive vote on the resolution stating it the land is not purchased now the price will increase. She also stated her appreciation of the Assembly visit to Homer. Max Ann Gross, Homer, recommended as President of the Homer PAC it is t at t to ssem ly approve purchase of the Hansen property as She ideal and there is little available in the Homer area. stated ' although they recommended delaying the bond issue by one year to build the school, the land should be purchased. Millie Martin, Homer, also encouraged purchase of the Hansen property. She reported it was selected when the last elementary It school was built which was placed instead in McNeil Canyon. was further considered for the new high school. She stated it was first choice of 26 possibilities for the future school and located in the City of Homer. Rick Ladd, Principal of the Intermediate school, commented on the He suggestion of building the school on the junior high property. stated it had been considered and rejected as it would put too many youngsters K-8 on one piece of property." The parking problem would be and there would inadequate area for playground, baseball { severe field and track. Asaiah Bates. Homer. asked where the money would come from and Mr. e it would be paid for from the land trust fund and be es e aTer reimbursed when the bond issue was approved to build the school. �9 ASSEMBLYMEMBER McGAHAN MOVED THE ADOPTION OF RES. 86-92(SBST). - In answer to further questions, Mr. Best stated there was no restriction on use of the land trust fund as long as the Assembly f approves it. -- Mrs. Walli asked for verification regarding allegations she had a her family conflict of interest on the land purchase since members of will inherit the adjoining property. Atty. Boedeker reported the situation was reviewed and it was determined there was no conflict of interest because she did not stand to gain any direct benefit out of i j the transaction. - 3 { f I t L ii r� .. i. - A fi �1 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 5 1981 ITUTING FOLLOWING FIRSTBER NASH SENTENCE OF SECTION 2 AS RECOMMENDEDND SECTION 2 By BY THE FINANCE uon installation and acceptance by and Viola Hansen heshCity all b ofpaHomer id 12 for 40 their maintenance. Lane a right of operating coonstructedewto standards lines and aroad of he within ty the Of Homer." be considered ae Borough t apitall improvement anddMr. B edekers stated it would be the Hansen's project as a condition of selling the land. requires.ic capital proieved jects is overe$50,0001beion of putt competitivordinance bid which ADDED T E FIGURE IN SECTIONII FOR ABE DELETED TOTAL OF $31T�7,34012DE340 BE LETING 11$14,000/acre". Mrs. McGahan could see no problem with purchasing s sold Aland with an areemet privaten citizen with ssim similar stipulations. will be made as e Land in Homer ris at a premium and this is a good price. Other members agreed it is important that the Borough get the beat buy possible with taxpayer's dollars. ASSEMVOTE E OF}10 YES TO 3 N010VED THE Brown, Glick PREVIOUS and Skogstad voting No. BY A THE BROWN AMENDMENT WAS DEFEATED BY A VOTE OF 1 YES TO 12 Not Brown voting Yes. THE NASH AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT. Mr. Carey believed the property was appropriate but the time for purchase was wrong and urged waiting until a more accurate economic projection could be made. Mr. Skogstad noted the land was to be purchased from the land trust fund accumulated from Borough land sales for the purpose it was identified for, for future public use. Mr. Johnson stated although the Assembly could designate another use for this fund he felt it's intended use was the purchase of land and he felt this was the most appropriate use. Borough aMayor d St State a are agreed ery tighthatrthisrtime. He urged finances in the ountil the Borough has more complete knowledge of what the State will do. ASSEMBLYMEMBER McLANE MOVED FOR POSTPONEMENT TO THE FIRST MEETING IN NOVEMBER. He committeded public comments to; this one can be urging safely held oschool back from projects off for 3 months. Mr. Moore believed schools are too much of a long range investment for short sighted reactions to fluctuations in the economy. Concessions have been made in agreeing to wait a year for the bond issue; it would be reassuring to know the site is secure when the project does go to ballot. Mrs. Walli referred to the approved transfer of funds from other accounts in order to complete the Robinson Loop project, stating if that was done, this should be approved as well. Mr. Brown stated in view of the OPEC agreement and the beginning of an increase in the price of oil, he would agree with the purchase. VOTE WAS CALLED AND POSTPONEMENT FAILED BY A VOTE OF 3 YES TO 10 NOi Carey, Glick and McLane voting Yes. - 4 - L C- 01 s KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 5 1986 RES. 86-92(SBST) WAS ADOPTED AS AMENDED BY A VOTE OF 10 YES TO 3 N0s Carey, Glick and McLane voting No. (d) Ord. 86-53 "Authorizing Indebtedness by the issuance of eneerai8611gation Bonds in an Amount Not to Exceed $10,343,533 for the Purposes of Acquiring, Designing, Managing, Inspecting, Improving, Constructing and Equipping the West Homer Elementary School and Pledging; Full Faith and Credit of the Borough with Payment of the Indebtedness to be Derived from Taxes Levied with the Borough, and Subject to Approval by the Voters of the Regular Election on October 1, 1986" (Mayor) reportedMrs. McGahan the until August 191 theschool uBoard willmreconsideridtnonAupostponement August Mr. Carey stated the Finance Cmte. did not pursue it after a report the Homer PAC was recommending postponement. There was no public comment. NT OF AAMENDMENTOR POSTPONEMENT MOVED TOHE AUGUST 19 AND IT D6 McGAHAN WAS APPROVED BY UNANIMOUS CONSENT. (e) Borough Code ord.r86-49 nancesmRespecting Liquor ending the Kenai PLicense aProtests" (Mayor) Mr. Moore reported the Local Affairs Cmte. again recommended passage of Ord. 86-49, viewing it as a housekeepingg measure since the Borough wis asaaneady oversightgwhen thest when sectionthe wastrans violation.error is in It originally written. Mr. Carey reported the Finance Cmtes still believes the ordinance estions of ofransferrorsof licenses that have not in committee as there are been ability resolved There was no public comment. ASSEMBLYMEMSER MOORE MOVED THE ENACTMENT OF ORD. 86-49. ASSEMBLYMEMBER NASH MOVED TO POSTPONE UNTIL AUGUST 19 AND REFER BACK TO FINANCE CMTE. Mr. Boedeker reported in response to comments, that the Borough will protest if taxes are owed and that requires the person owing to make arrangements for payment in order to clear the transfer. The Borough has pending ssaalet it does not hold up sales of businesseodated all cases to be paid out of escrow s there is a stated eopostpone Mr. Brown had a small that would correct the problemifthemotion t THE MOTION TO POSTPONE PREVAILED BY A VOTE OF 12 YES TO 1 NOi Brown voting No. J. INTRODUCTION OF ORDINANCES (a) Ord. 86-67t"Adopting Updated jomprehensive Plan tdotna Mr. Skogstad reported the Lands Cmte. recommended approval. ASsEMBONWAS B LAPPROVED BY TOOSET COORD. 86-67 FOR HEARING SEPTEMBER 2. MOT Pres. Glick called a 15 minute recess. - 5 - L 7 0 _� !� f .. i '• I .t I . F KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 5 1986 (b) Ord. 86-70 "Reducing Assembly Member Expense and Car Al'ro—w-a—F-c-ew(Carey/Walli) ASSEMBLYMEMBER CAREY MOVED TO SET ORD. 86-70 FOR HEARING SEPTEMBER 2. Mr. Carey recalled prior to budget approval the Assembly agreed to delete the car allowance for the Assembly and members of administra- tion. The Mayor subsequently vetoed that action. This ordinance attempts to deal only with Assembly compensation. He did not feel Assembly members were overpaid, but since the Mayor reduced Borough employees' income by 10%. and since the Assembly has previously agreed to a greater reduction, he proposed this reduction of 10%- He stated it will not amount to a great saving, but felt they should share equally in the financial hardship. Mr. Brown spoke against the ordinance, noting the number of meetings held in the past pquarter and distance some members travel. He stated there isand medical insuranceswhich her feltecouldthe be delbudeted d to a hieveet forna significant reduction. Mrs. McGahan objected t0 the statement regarding $4,000 as medical insurance funded need not be actually spent. She commented at least one extra meeting was due to Mr. Brown's notice of reconsideration which bdealt before deadline formade. Mrs. budget approval. The ordinance isinkeeping with other Mrs. Walli stated if a motion to reduce the insurance costs by a percentage, was feasible, she would so move. Mr. Best stated medical coverage is a package and in February benefits will be rebidding that package anticipating a reduction in the cost of the program. Pres. Glick reported the Policies and Procedures Cmte. will be reviewing the reimbursement structure of the Assembly in total and bringing in proposals prior to the next budget. This ordinance could bring about an immediate percentage reduction. REFERBTO OLICIES ANMOVED D PROCEDURES POSTPONE ORD. 86-70 INDEFINITELY AND reduction to behfollowed by aer n comprehensof the ive tlook fat atleast compensation question. Mr. Mullee Mr's across he reductionnastit affect disagreement intt ehloweroranges more than board sated his thanthe others. Likewise, Assembly compensation should not be effected. Mr. Nash noted the Mayor's reduction was in hours, not rate of pay and rather than following with a change ent for a,in the code, the Assembly could during which the on committee ommittee could consider more permanenarticular tsriod of reductionsme Mr. Dalment at introduction stating the prop sale should either be setke against t for hearing or defeated at this point. POSTPONEMENT WAS DEFEATED BY A VOTE OF 4 YES TO 9 N0s Nash, Brown, Johnson and Fandel voting Yes. p Clerk wean discussednas relinquishmentof in KPB reimbursement a12.0600) on notice to the ORD. 86-'10 WAS DEFEATED BY A VOTE OF 7 YES TO 6 NO; Nash, Brown, ' Johnson, Mullen, Fandel and McLane voting No. i - 6 - L r) KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 5, 1986 (c) Ord. 86-72 "Providing for an Elected Board for the central Wenai Peninsula Hospital Service Area and Rati- fication of this Ordinance by the Voters" (McGahan) Mr. Moore reported Local Affairs Cmte. again recommended defeat of this proposal. ASSEMBLYMEMBER McGAHAN MOVED TO SET ORD. 86-72 FOR HEARING ON SEPTEMBER 2, 1986. Mrs. McGahan believed it was the principle of allowing people to vote on who will represent them that was important, not whether or not the present board is doing a good job. At least the voters should have a chance to vote on the matter. Mr. McLane spoke against the ordinance, stating the elected Mayor and elected Assembly have ultimate control over the hospital and approve the budget and spending. The board members now serving have done an excellent job and he feared they would be lost if the election process was put into effect. The only service area with a lower mill rate is the state financed road maintenance service areas. Mrs. McGahan replied the hospitals were the only service areas that charge for their servicesi taxes were meant only to support construction. Mr. Fandel noted with the Mayor making appointments, the entire service area is represented, rather than having all the members voted in from the high population areas that could occur in the election process. Mr. Mullen reported the basically same proposal has been brought before the Assembly in 1981, 1985 and 1986 (earlier) with defeat in each instances he felt it was a waste of the Assembly's time. Mr. Johnson spoke for allowing the voters to decide whether to have an elected board, believing if the hospital is running smoothly, there should be no fear the voters will desire to change anything. He noted the mill rate was only intended to provide construction funding. He suggested the beat proposal was to sell the hospital. Mr. Carey stated he has supported the proposal in the past but would not this time because he has not heard constituents asking for an elected board. Not every decision is appropriate for the ballot box. ORD. 86-72 WAS DEFEATED BY A VOTE OF 3 YES TO 10 NOs Brown, Johnson and McGahan voting Yes. **Item M was taken at this time. Bro. Asaiah Bates, Homer, commended the Assembly for its time, energy and errorts to carry on the business of -the Borough. He addressed the increase in mill rate of the South Peninsula Hospital from 1.6 to 3.32 this year. It had been reported the mill rate would be held to 2 or 2.6. however when set, it was different. He asked Pres. Glick to appoint a task force to review the hospital budget and operation and bring back a complete report on findings. He stated his own tax payment for the hospital this year was $1,240 and the only benefit was the fact there was a hospital available in case it was needed. He suggested through insurance there could be a greater benefit. If from all the property owners there was a tax deduction to provide a group insurance policy for all property owners, when one of them used the hospital they would be covered by the collective insurance. Rates at the hospital are higtss if a property owner used the hospital and couldn't pay his bill and could not pay the taxes, their property could be taken to pay that bill. Steve Herbert, Homer, reported his first contact with the hospital came w an as a member of the Coast Guard he picked up injury victims in 1972. Over the years the voters have demanded increased health services until at this point it is in competition with facilities such as Providence Hospital. He stated there is a need to audit the budget, determine the number of patients using the hospital and what other arrangements might be made for service. 7 - U i i I` ': .1 F KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 5 1986 Mary Henry, nomer r eLacna b,so 0 m rate of 2.51 the Assembly adopted a 3.32 for the t further,8why She believed the salient issue is the discrepancy, the 56% increase in what the board a proved. Also, there is still a $400,000 deficit. According to Title 29 the Assembly is the only entity authorized to set the mill rate and urged formation of a task force comprised of two members of the elected board, two members of service area innorderree to substantiate ntiate the bers of the mill ratetset. from the Io response to questions, Mayor Thompson stated the mill the bateoarseCTby the Assembly was based on the budget submitted by mill rate suggested by the board would not have funded the budget it compiled. K. CONSIDERATION OF RESOLUTIONS (a) Riand b Des 0Jocriptions"Cl(Mayor)anges to Budgeted Positions Rick Hoag, Borough employee from Soldotna, stated when time ran out on this item at the last meeting, he believed action was suspended until this meeting. Actually, a week LAter he was handed a demotion which he believed was a circumvention of the resolution. He was taken it the carpenter shop and put under General Maintenance. trucku loads of buildingthe materialster havehbeenadelivered eliminated. st week. He believed item (4) should be deleted from the resolution as he was the only one to be effected and action has already been taken to change his position. He reported the memo that closed his shop was dated July 23, the day after Assembly members questioned the validity of Res. 86-101, effective Aug. 4. He felt because he pointed out unfair and unjust situations in the Maintenance Dept. he was being singled out for punishment. As Pros. of KBEA be was asked to cut itwosggadditionalate epart ciutimeapeople hadHe rbeenthireed dllowingginthe 10% Mrs. McGahan asked Mr. Hoag if Attachment A, "Position Description, Finish Carpenter" fit what he is now doing. MrHoag stated he does all the ems listed but iteis unusual for a finish carpenter to be und Gen Mr. Brown asked if Mr. Hoag had received a reprimand in the last two weeks and he replied he had but declined to stated the nature of it. stating thisrdiscussionquestion, inappropriateMr. duringCarey legislativepoint order action, Mr. Fandel suggested Mr. Hoag take the matter before a grievance committee of the employee's association. Mr. Hoag replied he had gone through the proper steps but without progress. administrative H levels stated hie is problem was stopped at the highest requested the Assembly to delete Item d from Section 1. In discussion of the employee's agreement and avenues of appeal, Mr. Best stated the contract expired at the end of the fiscal year but the shortfall in negotiating has made neegotiationssumes next eek to difficulteolve issues. The Pros. Glick stated she was aware the contract had expired. but had assumed grievance procedures would still be honored and Mayor Thompson stated this was correct. Mrswalli stated while acknowledging the Assembly has never called an executive session, perhaps there is a valid reason for one in +` �•r'.� " order to discuss specifics with Mr. Hoag without public scrutiny. �j--' Mr. Johnson commented administration has prepared a job description which the Assembly can participate int it is not appropriate for the z; Assembly to get into labor relations. -8- 1 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 5, 1986 t Joan Bennett Schrader. Kenai, requested the Assembly to set aside es. - unt a er the negotiations are completed. She stated her concern the Assembly could jeopardize the negotiations or cause the community to feel they are not negotiating in good faith. ASSEMBLYMEMBER MOORE MOVED THE ADOPTION OF RES, 86-101. ASSEMBLYMEMBER MOORE MOVED TO DELETE (d) FROM SECTION 1. Mrs. McGahan asked what of fact deleting the item relating to Mr. Hoag's job description would have since he reports the action has already been taken. Mr. Campbell stated the program begun would continue. The resolution is a simple approval since the code requires the Assembly to pass on all job descriptions and changes. Mayor Thompson stated it was just updating the list of job descriptions to current status. Regarding this employee, there has been no grievance filed. ASSEMBLYMEMBER McGAHAN MOVED TO REFER RES. 86-101 TO LOCAL AFFAIRS CMTE. TO ALLOW PEOPLE INVOLVED TO MEET WITH THE COMMITTEE. Mr. Nash stated the Assembly should not be involved in this type of actions if there has been impropriety, there are other forums for the effected employee to pursue. THE MOTION TO REFER WAS DEFEATED BY A VOTE OF 2 YES TO 11 NOi Walli I and McGahan voting Yes. FOLLOWING FURTHER DISCUSSION, THE MOORE AMFNDMENT WAS DEFEATED BY A VOTE OF 3 YES TO 10 NOI Brown, Walli and McGahan voting Yee. RES. 86-101 WAS ADOPTED BY A VOTE OF 9 YES TO 4 N01 Brown, Walli, Carey, McGahan voting No. MRS. McGAHAN GAVE NOTICE OF RECONSIDERA- TION AT THE NEXT MEETING. (b) ctors tos.e86nompliancewith Borough TaxProvisions 10"Establishing Requirements et°a(Mayor) ASSEMBLYMEMBER CAREY MOVED THE ADOPTION OF RES. 86-102. Mr. Skogstad asked why this was not an ordinance and Mr. Boedeker stated it could be codified if desired following adoption. ASSEMBLYMEMBER NASH MOVED TO AMEND SECTION 1 BY ADDING AT THE END OF THE SENTENCE, "which is not cured within 10 days of notice." Mr. Nash stated the purpose of the amendment is to eliminate the possibility that a contractor might be unfairly excluded from contracting because of a technical violation. He urged consideration of codifying the wording by ordinance. IT WAS SUGGESTED "remedied" BE SUBSTITUTED FOR "cured" AND THE NASH AMENDMENT PASSED BY UNANIMOUS CONSENT. RES. 86-102 WAS ADOPTED BY UNANIMOUS CONSENT. (c) Res. 86-104 "Placing on the Ballot for the Regular oroug Election, Ratification of the Borough Ordinance ; Limiting the Term of the Mayor to Two Consecutive Terms" j (Moore) ASSEMBLYMEMBER MOORE MOVED THE ADOPTION OF RES. 86-104 AS RECOMMENDED i BY THE LOCAL AFFAIRS CMTE. Mr. Moore reported the new Title 29 requires the ratification of an i ordinance previously enacted by the Assembly which would limit the term of the Mavor. i FOLLOWING DISCUSSION OF THE WORDING OF THE PROPOSITION, THE t RESOLUTION WAS DEFEATED BY A VOTE OF 5 YES TO 8 80; Brown, Walli, Moore, Glick and Dale voting Yes. 9 - f L i- 1:- i �4 4. ,4 u. •r: �Y. i Y ... ,14 . i i f KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 5. 1986 (d) Res. 86-108 "Requesting the Kenai Peninsula Borough District iSoard to Take Certain Actions" (McGahan/Walli) ASSEMBLYMEMBER MCGAHAN MOVED THE ADOPTION OF RES. 86-108. ASSEMBLYMEMBER WALLI MOVED TO AMEND SECTION 1 TO READ AS FOLLOWS: 1. Cut funds on non -essential items ouch as central office administrative travel and school principal travels 2. Consider pay cuts for school district central office administration and school principals= 3. Make adjustments to the school budget so that state fund reductions will not affect student programs and curriculum; 4. Consider deducting the certified automatic step increase in salary schedules for FY 86-87. Mrs. Walli reported the school board has approved salary increases for some of the administrative personnel while cutting into services such as nursing positions, maintenance, food services and other important programs. Mr. Carey reported he has a conflict of interest as a teacher for the school district, and will not vote on the subject. Mrs. McGahan recalled the school board brings their recommendations to the assembly on a regular basis and she felt this was merely advice. THE WALLI AMENDMENT PASSED BY UNANIMOUS CONSENT AND THE RESOLUTION WAS ADOPTED BY A VOTE OF 10 YES TO 2 NO, 1 (Carey) ABSTAINING: Glick and Dale voting No. ASSEMBLYMEMBER MOORE MOVED TO SUSPEND THE RULES IN ORDER TO CONSIDER RES. 86-116 and 86-117 OUT OF SEQUENCE. MOTION PASSED ON A VOTE OF 12 YES TO 1 NOi Brown voting No. (a) Rea. 86-110 "Authorizing the Mayor to Enter Into a ontr�r the Remodel of Nikiski Fire Station /1 and t2" (Mayor) ASSEMBLYMEMBER CAREY MOVED THE ADOPTION OF RES. 86-110 AND THE MOTION WAS APPROVED BY A VOTE OF 12 YES TO 1 NOi Carey voting No. (f) Res. 86-112 "A proving the Purchase of Lots A and B, apes ate Subdivision, 04, for the Use by the Kenai Peninsula Borough School District for School Purposes" (Mayor) NO ACTION (g) Res. 86-113 "Limiting Borough Spponsorship of Attendance tote Annual AML Conference" (Mullen) NO ACTION (h) Res. 86-115 "Certifying the Results of the Special Borough Held on July 29, 1986" (Mayor) NO ACTION (i) Res. 86-116 "Authorizing the Transfer of $207.624.97 of LSR&T Funds from Various Accounts to Robinson Loop Road" (Mayor) ASSEMBLYMEMBER CAREY MOVED THE ADOPTION OF RES. 86-116 AS AND IT WAS ADOPTED BY UNANIMOUS CONSENT WITHOUT DISCUSSION. Mr. Carey appreciated the administration's decision to finish a pro ect before moving on to others. If Robinson Loop is not finished much of the work accomplished will deteriorate over winter. Mr. Skogstad stated his support of finishing a project, but had reservations about spending all of the LSR&T funds on a road which is already up to standard for state maintenance when there are many needs. Mr. Conyers reported the governor has indicated he will only release 35% of the total grant appropriations to the Borough. In order to do the job all the contingencies of other projects will have - 10 - N t d } KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AUGUST 5 1986 to be used. An additional $250,000 will be needed after this transfer but he hoped to get that approved by the legislators if he has this approval. Mr. McLane verified the funds being pulled from an account being shared with the City of Soldotna was not the fund allocated for Knight Drive. Mr. Dale asked since it takes at least 50% LSR&T funds in a project to ut it on the state maintenance program, are there any $400,000 protects this funding could be extended with. Mr. Conyers stated there were not. Mr. Brown asked concerning Greer Road and Mr. Conyers reported there is a right of way problem which, if the Assembly wished to allocate money to solve, it could do with money in a separate account for that purpose. In response to questions from Mrs. Valli, Mr. Conyers stated hie intention to recommend to the legislators the balance of the Borough's 35% share of grant money after the $250,000 needed for this project be divided between the 5 fire service areas. BS UNAYO8 RETN MOVED THE PREVIOUS RESOLUTION QUESTION HWAS YUNNIMCONSAND THE WAS ADOPTED BY UNANIMOUS CONSENT. (j) Rnste86-187esRSenateiandtHouseaofaRepresentativates esthe to Seek a One Year Postponement of Vote on Amendments to ANCSA to Allow and Provide for Further Public and Local Governmental Comment and Discussion" (Mayor) ASSEMBLYMEMBER MULLEN MOVED THE ADOPTION OF RES. 86-117 AND THEN TO POSTPONE TO THE NEXT MEETING. Mr. Mullen stated the item was laid on the desk and he has not had opportunity to study the issue which he knew to contain to sides. He urged additional time be taken to decide. Mr. Fandel noted errors in Section 2 referencing legislators incorrectly. **PRES. GLICK NOTED THE PASSAGE OF THE MIDNIGHT DEADLINE FOR LEGISLATIVE ACTION." L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) not for action this meeting.) M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA N. PUBLICNEDMMNNTS AND PUBLICSPRESENA TIONS UPON MATTERS NOT CONTAIMr. Eddie Wood, Homer, reported on a project of cultural exchange e ween asca and Siberia. He stated he would be the Kenai Peninsula representative along with 80 other Alaskan performers) ki This I approximately half the ensemble is Siberian and Upik Es mo. would be the first cultural exchange since the signing of the Geneva l Accord in 1985 by Pres. Reagan and Mr. Gorbachev. He reported it is a nonpartisian effort, primarily getting a group of native people reunited. The plan includes traveling across the Soviet Union and performing in small villages as well as Moscow and Leningrad as security allowances being made for this project are unprecedented. He stated he would like to have a cultural endorsement of the trip from the assembly and would express his fund raising needs in a more formal presentation at the next meeting. L I i u � 'i t. 1 t: KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETTNG OF AUGUST 5. 1986 0. MAYOR'S REPORT (a) Differential Tax Levy Case Mayor Thompson reported the Borough lost its case to the State on the differential tax rate (personal ve. real property). Seldovia will be notified as well and some of the other tax systems used in the State will also be challenged. Mayor Thompson announced the Borough office hours are Monday through Thursday from 8 a.m, to 500 p.m., a 36 hour work week and checks to vendors will be written every other week. Mayor Thompson reported they will be meeting with District 5 legislators on Thursday morning and District 6 and 7 as well. P. OTHER BUSINESS (a) Vacation of portions of E/W section line easements common to Sections 6 6 7 and Sections 5 6 8 of T3S, R14W, S.M. lying between the easterly ROW line of the Old Sterling Hwy. in Sections 6 6 7, and the westerly ROW line of the New Sterlingg Hwy. in Sections 5 6 8; and those portions of the N/S section line casements common to Sections 7 6 8 and Sections 5 6 6, T3S, R14W, S.M. lying between the NW ROW line of the New Sterling Hwy. in Sec- tions 7 6 8 and the S 1/16th corner common to Seca. 5 6 6. Mrs. Walli asked if this pertained to beach access and Mayor Thompson stated it did not. There was no objection. Q. ASSEMBLY AND MAYOR'S COMMENTS Pres. Glick, on behalf of the Assembly and administration, thanked the Homer Community College staff for a fine reception and the Homer PAC for a wonderful potluck supper. She reminded Assembly members of upcoming meetings in the community. ASSEMBLYMEMBER CAREY MOVED TO ADJOURN AND THE MOTION PASSED BY A VOTE OF 10 YES TO 2 NO; Brown and McGahan voting No, Skogstad absent. R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICE OF NEXT MEETING AND ADJOURNMENT Pres. Glick announced the next regular meeting will be August 19, 1986 at 7:30 p.m, in Soldotna. This meeting adjourned at 12:25 a.m. Approved am4 / f,'&% 'de' a A", --ATTEST: etty seem y res Gent oroug er - - a - - 12 - L 0 t ::`i MUNIC-I PAL. ,s/U P-0 -t a TELE"NIB (907) SB6�t3tS • 0! MUNICIPAL WAY. SUM 301 ,5��lr - .JUNEAU, MAW 99!!09 3rZro:,&1* August 29, 1986 CONFERENCE FORMAT CHANGES The 36th Annual local Government Conference to be held November 12-14 (not the 15th) in Juneau will have a new and improved format based on the comments of past delegates and the Board of Directors. The traditional Saturday business meeting will be moved to Friday afternoon. While met conference evaluations have indicated general support of the format of the conference over the last few years, some have suggested that the conference is too long, that the banquet follow the business meeting, and, for the last two years, we have had trouble getting a quorum at the business meeting causing delays. This year, the conference will, in effect, be reduced by one day. The conference will begin, as usual, with the luncheon and opening general session at noon Wednesday, November 12th, preceded earlier in the week by the various association meetings, the newly elected officials seminar, and other pre -conference activities. How- ever, instead of an open lunch and the afternoon workshops on Friday, the business meeting will begin with lunch and continue until complete on Friday. Several concurrent workshops are still planned for Friday morning. Preceded by the President's reception, the banquet will officially mark the end of the conference. Tentative Conference Agenda Monday Municipal Association Meetings Tuesday Municipal Association Meetings Newly Elected Officials Seminar Wednesday Morning Municipal Association Meetings Newly Elected Officials Seminar Wednesday Noon Luncheon Opening General Session Wednesday Afternoon Policy Sections Wednesday Evening Welcoming Reception - City and Borough of Juneau Thursday Morning Policy Sections Thursday Noon Luncheon General Session Thursday Afternoon Policy Sections Thursday Evening Special Event Friday Morning Concurrent Workshops Friday Noon Lunch and Business Meeting Friday Evening . President's Reception Banquet Conference details will be published as they are finalized in the AML Newsletter. Make your travel plans and hotel reservations now, and register early for the conference to save time and money. I L 1_ (( Special Bulletin - 2 August 29, 1986 is i 1� l SUBMIT CONFERENCE RESOLUTIONS EARLY In order to insure good policy review and discussion, resolutions to be considered at the AML Annual conference not be submitted by a member delegate in typewritten form by 10:00 a.m. Wednesday. November 12th. _,, 1 In the past, resolutions have taken a separate track during the conference from the policy statement. I Resolutions have been allowed to come in at the last minute, and have been reviewed by a separate resolutions committee during the policy sections. The results are that the resolutions are not subjected to the one amount of scrutiny, discussion and opportunity for comment as the policy statement. The potential exists for resolutions to be adopted that conflict with the policies in the official Policy Statement. Therefore, this +� - year, resolutions will have to be submitted early to be considered for adoption at the annual business meeting ;s �r on Friday (see article above). V All resolutions submitted by 10:00 a.m. Wednesday, November 12th, will be reviewed by the policy section leaders and staff (in lieu of a resolutions committee), and if determined "acceptable", will be distributed to the • s appropriate policy section for review, discussion and for approval, if appropriate, for consideration by the r • membership at the business meeting. "Acceptable" resolutions will be those which are 1) submitted on time; 2) `f typewritten; 3) submitted by a member delegate and identified as such on the resolution; 4) deal with an issue of interest to local governments statewide. Any resolutions, not accepted by the policy section leaders, or approved for recommendation to the membership in the policy sections, may be brought to the floor of she business meeting if, as in the past, it is co -sponsored by three voting municipal member delegates at the meeting. All resolutions adopted at the business meeting will be included in the 1987 AHL Policy Statement as official AML policy. l� C Please get your typewritten resolutions in by 10:00 a.m. on Wednesday, November 12, 1986. BOARD SEEKING INSURANCE PROTOTYPE - At their August 15-1fith meeting in Kodiak, the AML Board of Directors took action to request Frank Be Hail 6 Co. (il s of Alaska, the current brokers for the AML Insurance Program, to submit an insurance pooling prototype and an + administration proposal by November 1st for review and approval. The Board determined a need to proceed as 4 quickly as possible in an effort to put a joint insurance arrangement or pool together by July 1, 1987, if possible, and recognized the past commitment shown by Frank Be Hall in helping the League meet the insurance !i needs of its members; therefore, the Board made a specific request of Frank Be Rail. However, in making the j request of Frank Be Hall, the Board made no commitments on behalf of the League or its members, and left all options open to consider other proposals. I � 1 ----s- -------- -- - -- Proposals are to include an insurance pool prototype and, at a minimum, "all the information necessary to evaluate the coat, administrative fees, overhead, effectiveness, and the short- and long-term viability of such _ _ 1 'I'• a pooling arrangement." The League is in the process of seeking the assistance of a knowledgeable individual or __ _.-.- __ _ __ firm to assist the Board and the staff in evaluating the proposals submitted. _ The League will provide firms interested in submitting proposals general information on current program `i participants and aggregate information on losses, premiums, and coverages. Because more specific and individual ! Information on municipalities and school districts participating in the current AML Insurance Program there fo f, A. proprietary, it would be inappropriate for the League or Frank Be Hall to provide such information; ? participants are being contacted by the AML staff and asked if they are willing for individual premium and lose information to be released to other insurance firms interested In submitting pooling prototypes. The League j the N appreciates your cooperation and quick response in order to get good proposals by ovember 1 deadline. i ,.. ... .•�.-ate_.. .. ... .._ • j ' A 'j l i _ i. j e 1 Special Bulletin - 3 - August 29, 1986 BOARD ADOPTS 1991 RESOLUTION In response to requests from Senator Frank Murkowski and the Municipality of Anchorage, the Board considered and adopted a resolution calling for a clearer definition of "development" when considering the proposed amendments to the Alaska Native Claims Settlement Act (ANCSA). Because the proposed amendments would allow Native lands to be exempt from taxation if they remain undeveloped, the resolution calls 'for a clear definition of development to be contained in the legislation if passed, and that a "fair and appropriate definition of developed land should be based on the principle that development would occur upon the happening of any of the followingl 1. The land is subdivided, except that large remainder parcels of subdivided land that are retained for or dedi- cated to subsistence, traditional native uses, or are designated on the plat for non -development would remain exempt. 2. Resource development and/or extraction other than commercial fishing. 3. Production of revenues from leases, fees, or licences. 4. The land has any structure built on it after January 1, 1992, that is not wholly dedicated to subsistence or traditional native uses." The resolution also says that "once the exemption is lost, the land does not thereafter become exempt if the activity that caused the lose of the exemption ceases." The resolution was sent to Senator Marko"ki who Informed the Board that it was his intention to "schedule further action on the legislation when the Congress convenes in September." NO INCREASE IN FY 87 DUES; PROCEDURAL. CHANCE CThe Board of Directors approved the AML FY 87 budget with no increase in dues for the third year. The Board also took action to approve the use of current population figures for determining dues amount. Therefore, not only have dues not been increased but there will be no increases due to population increases from last year. In accordance with the AML Constitution and Bylaws, dues are payable as of January lot of each year. The Board took the following action on billing and collection for FY 87 dues. Dues notices and invoices will be sent out by October 1, 1986. The dues will be due and payable by January 1, 1987, and delinquent as of January 13, 1987. The Board will review all delinquent payments at their first Board meeting after January 15, and take appropriate action to determine if membership and/or services are to be continued. FEDERAL LEGISLATION ALERT - ACTION CAL.L111 General Revenue Sharing ORS is not dead! H.R. 1400 to the bill moving through the House with the greatest possibilities. The bill would reauthorize ORS for three years at the $4.6 billion level, subject to annual reappropriation rather than an entitlement program. Alaska will receive 816.3 million dollars in the last federal fiscal year. Without the reauthorization, the program will be discontinued in October. B.R. 1400 received an "open rule" (limited debate) by the House Rules Committee prior to the Labor Day recess, and will probably be debated by the full House in early September after Congress reconvenes after the Labor Day recess, September 8th. Rep. Don Young favors reauthorization but only recently indicated to Anchorage Mayor Knowles that he would sign on as a co-sponsor. Sen. Stevens has been listed as "uncommitted" but also told Mayor Knowles recently that he would support it when it gets to the Senate. Sen. Murkowski earlier this year acted on an amendment in favor of GRS reauthorization, but needs encouragement. Please contact our delegation in Washington or at home during the recess, and let them know-how important this funding is to our municipalities, especially now. L i Special Bulletin - 4 - r _ I August 29, 1986 Gramm-Rudman II The U.S. Supreme Court ruled that the budget -cutting role of the GAO Comptroller General under the Gramm-RudiC Act was unconstitutional. The Congress is required to vote to make the cuts necessary and the President must sign the legislation. The Court delayed action until September 5 to give Congress time to act. .l . The G-R-H Act resulted in a 4.3% out in federal expenditures but these were limited to 13% of the budget, which Included all municipal programs. The White House estimated the deficit to be $230 billion; the CBO estimates it to be $224 billion, which is still $50 billion over the $144 billion G-R target. This would mean that Congress would have to cut the budget by another U.S% in October to meet the G-R target. The Senate voted recently to vest the power to make the automatic cuts in White House Budget Director Jim Hiller. The House has not agreed, and, in fact, in its last early morning vote before the Labor Day recess, { voted 175 to 133 (with 123 absent) to force the elected members of Congress and the President to deal with the deficit, instead of avoiding responsibility for tough decisions. The NLC Board voiced its opposition to automatic cuts at its recent meeting in Santa Pa. Please contact our delegation In Washington or while they are home during the recess, and ask them to reduce the budget. but to reduce it fairly by considering all program; rather than avoiding their elected responsibility through automatic 11 cuts, and to only municipal programs. Municipal officials should indicate that any, increases in the budget most be offset by federal tax increasest and key municipal programs must be reauthorized. Tax Reform The conference committee which began work on July 15, finally announced agreement on a tax reform Re August 16. NLC staff indicates there was no one on the committee that is speaking for the municipalitcorns. The result seems to be clear. While the actual affects of the action are unclear at this time, safe to say that the legislation will interfere with authority and ability of municipalities to determine how to raise their own revenue, will curtail their authority to issue tax exempt municipal bonds, impose new costs and j restrictions on traditional public purpose bonds, will impose a federal minimum tax on the obligations of state ; and local governments, will aggravate the federal deficit problems, and imposes a new state -by -state volume cap, curtailing the cities' ability to issue so-called "private purpose" bonds and some G.O. and revenue bonds retro- active to August 15. According to NLC's Nation's Cities Weekly of August 25th, the proposal, as agreed to will: - redefine public purpose bonds. It would retain the two-part trade and security interest test, but with a 10 percent, instead of the current 25 percent limit, included in the Senate bill. The agreement would also set a dollar limit on output (generally public power) of $15 million. - extend the current small issue IDB and single family MRS sunsets. - exempt airports, docks, wharves, and solid waste facilities from the volume cap if publicly owned; exempt -+ 501(c)(3)'s from the volume cap. - impose a two percent limit, effective August 15, on issuance costa and fees on all non-public purpose bonds, as redefined. This would mean the two percent would apply to all the publicly owned facility bonds exempted from the volume cap which fail the now 10 percent or $15 million test. - generally limit advance refunding after August 15, 1986, to one more advance refunding. i - amend the Senate qualified Redevelopment bond proposal, or TIP proposal, by changing the maximum permit size of a redevelopment project to 20 percent of the assessed value of the political jurisdiction, and the minimum to 100 contiguous acres, unless no more than 25 percent of the TIP bond -financed land goes to Any one i person or related persons. If L_ L 7 --- - - -- ----- L Special Bulletin - 5 - August 29, 1986 I provide a permanent small city deduction for banks for the purchase or carrying costa on a private placement for "public purpose" bonds. { \ - on the minimum tax proposal, the proposal would: a) accept the House individual minimum tax on all "private purpose" tax-exempt municipal bonds{ b) accept the House minimum tax on all bonds purchased by property or i casualty insurance companies; and, c) keep the "book income" tax, setting an alternative minimum retroactive jcorporate tax on the interest on all tax-exempt municipal bonds, including general obligation and revenue - ; bonds. - retain existing federal tax subsidies for vacation homes and condominiums, but sharply curtail or eliminate existing tax subsidies for Americans unable to purchase their own homes. The agreement would replace the rental housing tax benefits with a new, temporary low income housing tax credit. The new credit would be limited by a ' state -by -state volume cap, and would be sharply cut back when used in combination with CDBG, UDAG, multifamily {{ rental housing bonds, or any other federal programs cities use to provide low income housing assistance. '4 Mandatory Medicare As part of the Senate budget reconciliation legislation, a new federal mandate would be imposed on state and local governments in an attempt to raise revenue to offset the budget deficit. The Senate Finance Committee voted to require all states and municipalities and all existing employees to join the federal Medicare health Insurance program beginning May 1, 1987. This would impose a cost of 85 billion on states and municipalities over the next 3 years. It is expected to cost the State $7 million for state workers; Anchorage estimates a cost of $400,000 to $450,000. This follows from the COBRA Act passed last year that required all new employees to pay Medicare payments as of April 1, 1986. CClean Water Act Amendments According to Carol Kocheisen in the NLC's Nation's Cities Weekly of August lath, "the U.S Environmental Protection Agency (EPA) recently released its long-awaited proposal to amend existing law (the Clean Water Act) which requires cities and towns to obtain National Pollutant Discharge Elimination System (NPDES) permits for all stormwater sewer outfaii. EPA estimates that there are one million stormwater sewers nationwide. The proposal specifically states that with the exception of certain industrial discharges and publically-owned storm sewers that cause a water quality problem, violate national standards or state plans, stormwater sewers will not be required to obtain NPDES permits." According to Koebeisen, without the amendment, sampling information required for obtaining an NPDES permit will cost municipalities between $1.1 billion and $8.5 billion, and there to no provision in existing law for federal funds to defray these costs. The article goes on to say that the EPA proposal was developed in part in response to concerns expressed by NLC's Energy, Environment and Natural Resources Steering Committee Chair Ted Lehne of Fairbanks at a meeting with EPA Administrator Lee Thomas last March in Washington, D.C. Municipalities are urged to contact our delegation in Washington, and urge them to support the compromise now before the conference committee on the Clean Water Act reauthorization, and to urge adding language mandating consultation with state and local officials in the development of EPA's guidance to state's in preparing a stormwater management plan (also required under the proposed amendments), and the involvement of local officials In the development of state's stormwater management plane. THINK NOMINATIONS It is not too early to consider nominations for AML Second Vice President, Board of Directors, and Legislative Committee. Nomination forme and more details on nominations will be sent to each member municipality but each community should be considering if and who it wants to nominate for these positions. The Second Vice President and the Board members are elected by the membership at the business meeting. The Legislative Committee members are appointed by the in -coming President. Officer and Board members are elected from AML Districts. Because the AML Bylaws require that the "President and the Vice Presidents shall be chosen from different director districts", a Second Vice President need not be nominated from Director District 4 (South Anchorage - Mat -Su) or L ___ _ 11*, __1 L 7 !i k, Special Bulletin - 6 - August 29, 1986 Director District 5 (Anchorage) given the current officers. Given the AML Constitution and Bylaws, the Director Districts from even number districts and the at -large position are open for nominations for the Boards Director District 1 - Sitka, Ketchikan, Petersburg and Wrangell { Director District 2 - Juneau Director District 4 - South Anchorage, Nikiski and Mat -Su ` T --- Director District 6 - interior Highways, Fairbanks ' �• Director District 8 - Interior Rivers and Lower Kuskokwim ' ? ' At -.Large Director Again, more details and forma will be sent out soon but be thinking now to be well represented. j :'I 1 TENTATIVE SRS/MA ENTITLEMENTS PROJECTIONS RELEASED The Alaska Department of Community and Regional Affairs has released projections of the revenue sharing (SRS) and municipal assistance (MA) entitlements for PY 87 based upon PY 86 data (the most recent available and the FY ;. 87 reduced (20%) appropriation levels, compared to the PY 86 entitlements. The estimated figures are attached {` to this Bulletin; however, actual FY 87 distributions will be based upon FY 87 population figures which may ; change from FY 86 levels. for example, the newly formed Northwest Arctic Borough will participate in the FY 87 ( distribution. DCRA also notes that the estimated proration factor this year for the Miscellaneous Services !} Account, out of which roads, health facilities and unincorporated communities are paid, will be 70%, compared 91% last year. The attached estimated figures will be used as a basis for prepayment for those submitting their prepayment application by October lot. November lot is the deadline for those municipalities who want to preserve the right to appeal the final determinations for payment by DCRA. The final application deadline is December 1. j MUNICIPAL CALENDAR i ! Listed below are various conferences and training programs of interest to municipal officials. The programs underlined are being held in Alaska. Joint 8 eial Committee on State's Tax Poli ; Thursday, September 11th at 10s00 a.m.; Legislative Information pe �' 1 Office conference room; Anchorage. Contacts 465-3862. j - , Yukon-Kuskokwim Delta Mayor's Conference (YKDMC); September 17-191 Bethel, Alaska. Contact: Athena Logan, Local Government Specialist, DCRA-MRAD, P.O. Box 348, Bethel, Alaska 99559. (907) $43-3475. a -- - -- _ 30th Annual Southeast Conference; September 17-19; ANB Hail; Petersburg, Alaska. Contacts Karen Hofstad, President, Southeast Conference, P.O. Box 529, Petersburg, AK 99833, F; National Solid Waste Forum on Non -Hazardous Waste; September 17-19, 1986; Biltmore Notel; Los Angeles, t California. Contact: Association of State and Territorial Solid Waste Management Officials (ASTSWMO) 4" N. Capitol Street, N.W., Suite 345, Washington, D.C. 20001. (202) 624-5828. 1` Fourth Annual International Trade Conferences Economic Development and International Trade: The City Catalyst; National League of Cities (NLC); September 18-20; The Hershey Philadelphia Hotel; Philadelph {: T Pennsylvania. Contact: NLC, 1301 Pennsylvania Avenue, N.W., Washington, D.C. 20004. (202) 626-3170. L F K ff i ! i . E Special Bulletin - 7 - August 29, 1986 Controlling Special Public Risks: Pollution Liability, Public Officials Liability, and Police Professional Clability; Tillinghast (consultants and actuaries); September 18-19; Hyatt Regency, San Francisco, CA. Contacts Tillinghast, 722 Poet Road, Darien, CT 06820. (203) 655-9791. lath Annual County Community Development Conference; National Association of Counties (NACo); September 20-24; Portland Marriott Hotel; Portland, Oregon. Contact: NACo, 444 First Street, N.W., Washington, D.C. 20001. (703) 471-6180. Risk Management School Programa; Public Risk and Insurance Management Association (PRIMA); various programs, dates and locations: Police Liability: is it Manageable? Loss Control & Safetyt The Bottom Line in Reducing Risk Employee Benefits: Cutting Coats & Delivering Services Risk Financing: is There Life Without Insurance? Contacts PRIMA, 1120 G Street, N.W., Suite 400, Washington, D.C. 20005. (202) 626-4650. National Association of Telecommunications Officers and Advisors (NATOA) Annual Conference; National League of Cities (NLC); September 21-24; Hershey Hotel; Philadelphia, Pennsylvania. Contacts NLC, 1301 Pennsylvania Avenue, N.W., Washington, D.C. 20004. (202) 626-3250. Financial Seminars; Government Finance Officers Association (GFOA); various subjects, date and locations: Internal Auditing for Governments o September 29-30 o Denver, CO Coating Government Services o September 29-30 o Denver, 00 Intermediate Governmental Budgeting o October 1-2 o Denver Intermediate Governmental Accounting o October 1-3 o Denver Contacts GFOA, International Career Development Center, 180 North Michigan Avenue, Suite 800, Chicago, Illinois C10601. (312) 977-9700. National Institute of Municipal Law Officers (NIMLO) Annual Conference; October 5-8; San Diego, CA, Contacts NIMLO, 1000 Connecticut Avenue, N.W., Suite 800, Washington, D.C. 20036. (202) 466-5424. Government Risk Management Seminars? How to Setup a Risk Management Program (Basic), and How to Make Your Program More Effective (Advanced); PRIMA; October 6.8; Georgetown Marbury House; Washington, D.C.. Contacts PRIMA, 1120 0 Street, N.W., Suite 400, Washington, D.C. 2005. (202) 626-4650 Pooling Seminar; PRIMA; October 30-31; New Orleans Marriott; New Orleans, Louisiana. Contacts PRIMA (see above). North & Northwest Mayor's Conference; first week in November; Wainwright or Noorvik. Contacts Gary Longley, DCRA-MRAD, P.O. Box 41, Nome, Alaska 99762. (901) 443-5457. National Association of Government Communicators (NACC) Annual Conference; November 5-7; Roselyn Westpark Hotel; Roselyn, Virginia. Contacts NACC 80 South Early Street, Alexandria, Virginia 22304. (703) 823-4821. 92nd National Conference on Government; Citizens Forum on Seif-Government /Nattonal Municipal League, Inc.; November 7-9; Kansas City, Missouri. Contacts National Municipal League, Inc., 55 West 44th Street, New York, NY 10036. (212) 730-7930. Alaska Municipal Management Association (AM); November 10-12; Centennial Hall; Juneau. Contacts Tim Smith, AM, 586-1325. Alaska Association of Municipal Clerks (AAMC); November 10-12; Centennial Hall; Juneau. Contacts Tim Smith, ` ML, 586-1325. Alaska Municipal Finance Officers Association (AMFOA); November 10-12; Centennial Hall; Juneau. Contacts Dudley Haines, Juneau, 586-5218. L a] ss 1 R Special Bulletin - 8 - August 29, 1986 s Alaska Municipal Attorney's Association (AMAA); November 11-12; Centennial Hall; Juneau. Contacts LuAnn Bailey, Juneau, 586-2890. C Alaska Chapter, American Planning Association (APA); November 11; Centennial Hall; Juneau. Contact: Karen Borman, Juneau, 586-5235. Alaska Association of Assessing Officers (AAAO); November 11; Centennial Hall; Juneau. Contacts Gary Lewis, Mat -Su Borough, 745-4801. Alaska Association of Transit Operators (AATO); November 11; Centenial Hall; Juneau. Contacts John Kern, Juneau, 789-6903. Alaska Association of Port Directors; November ill Baranoff Hotel; Juneau. Contacts Tyler Jones, Anchorage, 272-1531. Newly Elected Officials Seminar; Alaska Municipal League; November 11-12th; Centennial Hall; Juneau, Alaska. Contacts AML. Alaska Conference of Mayors (ACoM); November 12; 900 to 11:30 a.m.; Sheffield Juneau Hotel; Juneau. Contacts Scott Burgess, AML. 36th Annual Local Government Conference; Alaska Municipal League (AML); November 12-14; Centennial Hall; Juneau, Alaska. Contacts AML, 105 Municipal Way, Suite 301, Juneau, AK 99501. (907) 566-1325. i Regional Seminars on Federal Tax Reform; National League of Cities (NLC) and the Government Finance Officers j Association (GFOA); November 20; Amfac Hotel/ San Francisco Airport; San Francisco, CA (and other selected locations and dates). Contact: NLC 1301 Pennsylvania Avenue, N.W., Washington, D.C. 20004. (202) 626-3115. i Congress of Cities and Exhibition; National League of Cities (NLC); November 29 - December 3; San Antonio, Contact: NLC, 1301 Pennsylvania Avenue, N.W., Washington, D.C. 2004. (202) 626-3200. 4 Hazardous Materials Compliance and Enforcement; General Services Administration (GSA) Training Center; March 2-6, 1987; Seattle, WA (and other selected cities and dates). Contacts GSA Training Center, P.O. Box 15608, Arlington, VA 22215. t I BOOKS OF INTEREST Capital PMJect Managements A Guidebook to Help Communities Prepare for Construction Protects, Alaska Department of Community and Regional Affairs, Municipal and Regional Assistance Division, June 1986. 110 pages. Designed to compliment other Department CIP guidebooks, various approaches currently employed in project construction are described. Contacts DCRAeMRAD, Post Office Box BH, Juneau, AK 99811. (907) 465-4707, Title 29, Municipal Government, January 1, 1986; Alaska Department of Community and Regional Affaira; 1986. 168 pages. The soft-cover document enlarges Title 29 of the Alaska Statutes on municipal government, and makes them more accessible. It also provides a table of contents. Contact: DCRA (see above). _ FYI.. Resources on Local Government, 1983-85, ICMA, Washington, D.C., 1986, 224 pages. FYI is an annotated bibliography, listing the latest books and periodicals of interest to municipal administrators. 825.00. Contact: ICMA, U20 G Street, N.W., Washington, D.C. 20005. (202) 626-4600. t Or Apn nation and Compensation in local Government Finance, John E. Petersen, Patt Watt and Paul Zorn, Government 1 Finance Research Center, GFOA, 1986. $20-835. This book wilt help finance officers, managers and other sen� government officials understand how financial responsibilities are structured and the qualifications 11 compensation of finance -related employees in local government. Contacts CM, 180 North Michigan Avenue, Suite 800, Chicago, IL 60601. (312) 977.9700. I} - i L Lim 71 Special Bulletin 11 .9- August 29, 1986 Waste -to -Energy Facilitiess A Decision -Maker's Guide, nC, National Publishing, 1996. 74 pages. $IS. This Coft -cover, magazine format publication was developed to help local officials reach sound decisions about complex siting, design, ownership, financing, and environmental issues involved in waste -to -energy projects. Contacts NLC, Publications Department, 1301 Pennsylvania Avenue, N.W., Washington, D.C. 2004. (202) 626-3000. 1996 Municipal Year Book, ICMA, 1986. $65. For more than 50 years the Year Book has been the nation's leading source of information on local governments, helping municipalities compare data wish those of other Jurisdictions, evaluate new and traditional programs and answer policy questions affecting municipalities. Contacts ICMA (see above). You've been preparing , your crtyfor thefuturefor several years, Now ifs time to get on witl Taste the first steps at the 1986 Congress of Cities. Discover the four keys that wdi open the fume for your city. Leant how parmerships, management. capacity, and people can add up to a promising tomorrow for your d And than go home —ready to move ahead. ►�-- L _--A National League of Cities 1986 Congress of Cities & Exposition November 29—December 3. 1986 San Antonio. Texas C Ifor = tmormanon wnte to uac: NLC Conference Registration Center P.O. Box 17413. Dunes International Airport Washington. D.C. 20041, or can (202) 626-3200. 1 CITY OF KENAI "od eapdal �4" „ 210 FIDALOO KENAI, ALASKA 99MI TELEPHONE 458.7535 September 8, 1986 TOs Engineering Firms SUBJECT: Request for Proposals: Engineering Design - City of Kenai Municipal Airport Float Plane Facility Gentlemen: The City of Kenai is seeking Proposals for the referenced professional services on the following projects: CITY OF KENAI MUNICIPAL AIRPORT FLOAT PLANE FACILITY Interested firms are asked to submit eight (8) copies of their proposal. Specific information would as a minimum includes specialized experience, individual work assignments, project approach, project scope, project schedule, and not -to -exceed figures. A copy of each firm's proposal will go to each of the City of Kenai's Council members with the remaining copy retained by the City Administration. The Public Works Committee, comprised of four Council members, may meet to discuss the proposals. The Public Works Committee may evaluate the proposals and make a- recommendation to -the Council :pme whole. The Public:Works Administration will alooT ,ti.ake a*o.teeo�nmenclat'. in. The. Pi-rm wi•ll••b& phosen-;)y.;ts;.resolution r paazerl vy••t.he complete. Council. DEADLINE FOR'_5UBM,IJTIN6 PROPOSALS The deadline for submitting proposals is October 7, 1986, at 5:00 p.m.0 local time. Please submit your proposals in a sealed envelope marked in the left-hand corner with "Engineering Design - City of Kenai Municipal Airport Float Plane Facility." All of the proposals will remain in their sealed envelopes until this time. Even though this is not a bid proposal but a proposal for professional services, we want to keep all the firms on an equal basis and prevent any influence that a proposal may have on others if opened earlier. S r PROPOSAL CONTENT Include information for each of the following items organized in a logical, clear way, in order for the Public Works Committee to make a proper evaluation. 1. The firm's specialized experience in the type of work required. Include a record of the firm in accomplishing work on other similar projects in the required time. 2. List the qualifications and experience of the individuals who are going to actually perform the work on this project. Include the complete resumes of the individuals that your firm is going to assign to the project if awarded. 3. Give the geographical location or locations where the work on this project will be performed. Also include information to indicate your firm's knowledge of our local situation. 4. Give an explanation of how your firm will approach this project and how this project would fit into your firm's list of priorities in your current workload. 5. Give your firm's proposed work schedule showing major items to be accomplished and dates you plan on accomplishing them. Give a manpower allocation to each work task for each project. 6. Give the rates at which your firm proposed to do the work with a not -to -exceed figure for the project as a whole with a breakdown to show the expense and effort needed for each work task to show how_the total figure was arrived at. Although the City of Kenai is asking for a not -to -exceed figure and design engineering cost rates, the Council of the City of Kenai may not necessarily choose the firm which has the lowest rates and lowest not -to -exceed figure. ERRORS AND OMISSIONS INSURANCES Errors and Omissions Insurance wM be provided n the amount of $500,000. 3: SCOPE Please review the attached sample contract entitleds "Agreement to r;.Furnish Engineering Design Services to the City of Kenai" If your firm is selected, you would be asked to enter into a similar agreement with the City of Kenai and furnish all services outlined. Also, review the attached documents and additional information describing the project. �i 911 fi 1 k :f At this time, the City intends to construct the Float Plane Facility, generally, in conformance with the attached "Float Plane Facility - Estimate of Construction Coats" dated February 299 1984, by Wince-Corthell-Bryson, Consulting Engineer. Other pertinent i ® documents include" the "Float Plane Facility Environmental Assessment," "Kenai Main Apron Extension Soils Investigation," "Kenai Municipal Airport 1986 Improvements Test Hole logs and _ - Location Map," and the "Master Plan Update" (the final document will ! -,- be completed soon). } The specific items to be included in the design ere: + , 1. Float plane taxiway 2. Float plane runway using the near disposal alternate ' 3. Relocate the perimeter fencing " 4. Limited access taxiway 5. Automobile access road to 4th Street and let Street j 6. Remove berm piles f 7. Public access ramp i_- B. Drainage scheme for the airport area outside of the ts.._ presently developed F.B.O. areas - Give separate engineering costs n 9. Acquire all associated permits 10. Sewer and water extension to the first seven potential `.0 lease lots - Give separate eng_ineerinq coats f . E- Items 8 and 10 may or may not be awarded. Acquisition of land is currently in progress by the City. a TENTATIVE SCHEDULE _ September 8, 1986 - Request for Proposals " October 79, 1986 - Proposals Due at 5:00 p.m. October 15, 1986 - Council Award Design Engineering Projects May 1, 1987 - Design Complete & Prepare for Bidding ' August 1, 1987 - Begin Construction Sincerely, _.. k Le Shot r ..IoCity= Engineer .A. X/sw '! Enclosures: Semple Contract - -- ----- Float Plane Facility - Estimate of Construction Costs k4. _...� -1984 by Wince-Corthell-Bryson s, f Kenai Airport Main Apron Extension -Soils Investigation by Mike Tauriainen, P.E. "f Kenai Municipal Airport 1986 Improvements - Test Hole Loge and Location Map by McLane & Associates, Inc. k Float Plane Facility Environmental Assessment by ATC Inc. and LGL Inc. ' 1'A } - 1 r "I fff .. J CITY OF KENAI „vd ed,d4l ej 41 „ 210 FIDALOO KENAI, ALASKA N611 TELEPHONE 283. M5 September 11, 1986 MEMORANDUM TO: Kenai City Council FROM: Dana Gerstlauer, Administrative Assistant RE: 19V Leese Redeterminations As requested by Councilman John Wise at the September 99 1986 work session, following is a summary of my review of leases currently under protest. In all cases, the appraiser took into consideration the following factors: zoning, shape and topography, utilities available, soil analysis, access and the general neighborhood. Alaska Buseell Electric Lots 8 & 9, Block S, General Aviation Apron Use specified in leases "Contracting offices, material storage, truck parking and aircraft perking" Current use: Land is currently vacant Other restrictions which may apply: The FAA has restricted this property to "lease only for airport -related purposes". Zoning - Light Industrial COMMENTS Although the land is not currently in use and the proposed use conforms with the zoning code, the FAA restriction might impact the value of the property. L N `I I n � ' ..i . i� I f q ' ''{ J J 1. 2. Beluga Development Lots 10, 11, 12 and 14, Block 1, CIIAP (01 Use specified in leases "As provided for in the City of Kenai's Zoning Ordinance" Current use: Lots 101, 11 and 12 are subleased to Brinkerhoff Drilling Company and are use primarily for storage of equipment. Lot 14 is vacant. Other restrictions which may apply Zoning - Light Industrial COMMENTS An equipment storage yard is a permitted use in the Light Industrial zone. There are no other restrictions specified in the lease which might impact the value. 3. ENC Corporation Lot S, Block 2, CHAP Use specified in leases CD "Office space, warehouse" Current use: Office space, warehouse Other restrictions which may apply Zoning - Light Industrial COMMENTS The current use of the property as office space and a warehouse is a permitted use in the Light Industrial zone. There are no other restrictions specified in the lease which might impact the value. 4. Welter and Gloria Church Lot 69 Block 29 Fidelgo Use specified in leases "Commercial office building and parking" Current uses Commercial office building and parking J . ki Other restrictions which may apply Zoning - General Commercial COMMENTS sj A commercial office building and parking are permitted uses in the General Commercial zone. There are no other restrictions specified in the lease which might impact the value. 4.. 5. Milton and Geneva Stseek Lots 2 and 3, Block 59 General Aviation Apron Use specified in lease: 7. "Commercial business establishment and aviation services as . per General Aviation Apron Subdivision covenantal' Current use: Retail fabric and sewing center Other restrictions which mayapply The FAA has restricted this property to "lease only for airport -related purposes". Zoning Light Industrial COMMENTS A retail business is a permitted use in a Light Industrial zone. The subdivision covenants have not been reviewed, but it is assumed that those covenants would be aeronautically related. Other then the FAA restrictiont there are no other restrictions specified in the lease which might impact the value. 6. Matto Mortgage (Katmai Hotel) Lot 19 Aleyeska Subdivision Part 3 Use specified in lease "In accordance with the Zoning Code of the City of Kenai" Current use Hotel, restaurant, bar 4 Other restrictions which may apply Zoning - General Commercial l' "1,. !t - I Q ( JP it 1 ' (i Z} �i. F COMMENTS A motel, restaurant and bar are permitted uses in the General Commercial zone. There are no other restrictions specified in the lease which might impact the value. 7. B & Z Ventures Lot 139 Aleyeaka Subdivision Use specified in lease "As provided for in the City of Kenai Zoninq Ordinance" Current use Restaurant Other restrictions which may apply Zoning - General Commercial COM_ MENTS A restaurant is a permitted use in a General Commercial zone. There are no other restrictions specified in the lease which might impact the value. The lessee signed the amendments to lease which increase the lease payment, and then filed a protest. They are paying the increased rate. In addition, there are two other lessees who have not filed a formal protest, but have not signed and returned the amendments increasing their lease rate. A summary of those losses followst 1. David Diamond Lot 4, Block 59 General Aviation Apron Use specified in lease "Aircraft tie -downs, aircraft maintenance and machine shop, and office building" Current use Marine repair and sales, law office Other restrictions which may apply_: The FAA has restricted this property to "lease only for airport -related purposes". Zoning - Light Industrial L 4 COMMENTS A marine repair and sales business and a law office are both permitted uses in the Light Industrial zone, although they do not comply with the use specified in the lease. The FAA restriction might impact the value of the property. 2. Kenai Aviation Services Lot 29 Block 19 General Aviation Apron Use specified in lease "Aircraft rental and sightseeing, pilot training aircraft and engine repair service, aircraft parking, aircraft sales and service, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, sale of aircraft parts, charter flights and air cargo service." Current use As listed above Other restrictions which may apply The FAA has restricted this property to "lease only for airport -related purposes". Zoning - Light Industrial COMMENTS The listed uses are permitted uses in the Light Industrial zone. The FAA restriction might impact the value of the property. L s ��t a �®2 � � � K coo coo § ■ ■ Q 0 � o�� e ■2� § 2 pro■ © � $ §m0 o ' k 2 � 2 11oo 0 ®prR� R a n t" PO � §2 § 7 _ g � � � k � E 0 � . � - .. -----��-- �� — -- -= ,i 14 rm d r dissociates MCA 88811 September 10, 1986 CON z)vFo - /( STRUCTUF f Keith Kornelis ' Public Works Director City of Kenai 210 Fidalgo Street ; Kenai , AK 99611 Res H.A.S. PROJECT + Dear Kei th a Attached are copies of Pay Estimate No. 9, Change Order No. 5, and Change Order No. 6 for this project. To the best of my knowledge, the quantities shown on Pay Estimate No. 9 are final quantities. As you know, I have met several times with the Contractor to verify final quantities and Pay Estimate No. 9 reflects our most recent discussions which occured on Saturday, September 6, 1986. +.- T � There are four items that the Contractor is contesting and which t-.t are therefore not included on the Pay Estimate or Change Orders. 1. Payment for rebuilding 28 driveways on N. Highbush, Humble-,�;�,,':• ; bee and S. Highvush as a result of the redesign (C.O. M4); ;• which altered grades. The Contractor believes that he is entitled to payment for rebuilding the driveways a second time. However, our records indicate that only three drive- ways on Highbush were complete prior to winter shut down. Secondly, no additional excavation was required for any driveway as a result of the redesign. Therefore, 'payment .i :`. for driveways has only been included for : the 'original r1 1'!..� I ..j' gonstruction. t' 2. The Contractor has requested additional payment for 'gravel i •. �1 placed on the above driveways. Payment for this gravel has i L...�. already been included in our quantity calculation for Type ► I fill. Any additional payment would result in double payment. 3. The Contractor has requested double payment for Unsuitable Excavation that was moved from Aliak to Swires and then from Swires offsite. We paid for this quantity only once, i namely as Unsuitable Excavation on Aliak (Schedule A) since ; it was placed on Swires at the Contractor's risk and did not meet specs for Useable Excavation. See the attached ; memo to the Contractor. ' J r Keith Kornelis September 10, 1986 - Page 2 • 4. The Contractor has requested payment for overhead and profit In the amount of 20Y. for manhole materials supp 1 i ed out of his inventory. The materials were used to raise manholes pursuant to C.O. 04. I interpret the specs to say that payment for 0 & P is not allowed on force account ; items, however the Contractor disputes that the manholes fall under the force account classification. The Contractor has indicated that he will present his claim to the City Council for their review. :Sincerely, ' Wm. J. Nelson & Associates W J. Nelson, P.E. ri WJN:bsg .Attachments I v� 4' # -I -i 71 n -UP DATE. FOLLOW qrWM I .,NELSON ASSOCIATES .-IN '" 4" " - , l3ox 4625 'KENAI, ALASKA 99611, 2a3583 Date Subject � 'F,.V11 . oo044 N V777 -Tz) . rwi A ir-rrA FxeAVA-vic; OF "rvpc zr— , Ml'& J, vrr wr pi - WFA r .7,Ae-grAl f;/r loAr. er%%4sey FArs)LOw Y! 5 irr r AC W4 I. 'zoo, 1 004 S.� C to pe. YAqVV$. OTA9. 5-rA '410 "N 0 7 td t", 1br, PA op 'A �h Adm.; .'i, p- V4 0 UC 0 " . I e I. 14 yy X wo; Aot a toloo F or WOMM-We at �"L ;) , cA ) A , We it TP P" I24 on, —M)A, 11 lin k it l"j, 41 Please `0 Mi+ R Y LM 7 . _r NPO — 17 'KENAJ PENINSULA BOROUGH REGuLa ASSEMBLY MEETING k• a, i19 °: • SEPTEMeBR 16, 1986, 7,30 P.N. Liif,.• ► BOROUGH ADMINISTRATION BUILDING Oie� �q:... SOLDOINA. A1.A8W► AGENDA j C CALL TO ORDER " MaeR?'• Brown ; �!: B. PLEDGE Of ALLEGIANCE ' .. ' �� `'. •:' z i •:- , t i 10 ' • .�;: ,•° can, ay�, 'Mt. Redoubt Bapt C.- ItNOCATIONt Rev. Roy Moore,,Mtallt •. Church.. i �;' Motion +� } Crawford .. D. ROLL CAW, Sewall •;�:^. -moire E. -VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEI(BERS Carol Glic f. It- 198E APPROVAL OF MINUTEST Augwt 19 i =t'•`r Mahanj � o.l. 0. COMMITTEE REPORTSpan I ill .it�••.t'p, 1Y. somad (a) Finance (Crawford Carey, fandel Johnson. Mash) McLane (b) Lends/Resources Ukagetid. Fande{. Johnson. Regina Johnson Mellon) (e) Local Atfalrs/Legislative (Moore. Dale, Skogsead. '..,;` Ewalt. Crawford. Valli) (d) Pu01ic Works/Education (Sewall. grown- McOshsn- McLane. Mullen. Valli) t: (a) Data Processing (Johnson) N. AGENDA APPROVAL AND CONSENT AGENDA (a) e. 66-t27 "Authorizing the gale of Surplus Borough , er 80,sL rropertyi, (Mayorl its. CMTE. (b) Ms. 86-136 "Endorsement ofehe Efforts of the Alaska ,�',;:• •r orm n Artiste for Peace and Ataske-Siberia Peace Bridge" (Keene) �c1 a. 8 y 117 "A Resolution of the Kenai Peninsuls Borough •am qquesting tlut the United States Government V. Grant Araaw a Cuatoms Port of Entry Status to the Saa• parts of the Kenai Peninsula" (Glick18sra11) LCL.AFn INGS T *"it:Iti1• tn•a \ r, • .. ! '���}. I. ORDINANCE MBAR s1Ord. 86-49 Cmte. Shot)• "Aeending the Kenai Peninsula ,;.�v..• roug o e o r .antes Roo tteR Liqutopr License .. „ Proles an (Mayor) ISTPND 9121 L. AM, f - lb) Ord. 86--77�3pt "Codify ing Requirements for Contractors to fi- NICE tionce withnBorough Tax Provisions" (Nashli (e) �e peea4lo Budrgeelof the Northfer penin$ ula Recr00 eation 8srvica Aeea eo tr Capital Budget-- (Mayor) NEAR 9116 (A) Ord. 86.75 "ding; the Land gas Plan for the City o ens or Lot 1, Block I and Lot 6, Block 2 of Spureewood Glen Subdivision from Medium/Nigh Dansttr Sallorth!t&I to GeneralIt S M.r/Mayor)ciato eCHBAR 9/tion 5 {6 ownship 1 a1 A do.e6•rateduredini KPB AAmending.060 to KPB S 04- 80at APeietti- fublic Hearings for Estargenay Appropriations" (Nash) NEAR 9/16 ■l d (f) Ord 86-7B "Enacting a New Code Section Numbered KPB 3,T�''.►IISEo Grant an EXemption from Property Taxation to Senior Citizens, Disabled Veterans. and Their Bur- vtving Spouses on that Portion of the Assessed Valuation of Real Property Exceeding $150.000. Where the Property to Owned and Occupied as a Permanent Place of Abode by the Applicant" (Mayor) HEAR 9/16 0" 'anti, (g) Ord 86-79 "Amending KPB 2.04.010 to Repeal the Limit i at tans -tor Borough Mayor" (Hash) HEAR 9/16 r (h) Ord. 86-80 "Establishing Code Provisions on Accaes to oFougRecords" (policies i Procedures Cmte) HEAR 9/16 (i) or86 "Amending the Borough Code of Ordinances to -50 Area Board Member Compensation and rJ . Pr1ok a or Service Reimbursement" (Mayor) DEFEATED w/NOTICE TO RECONSIDER J. INTRODUCTION OF ORDINANCES ;Jt (a) Ord.'86-82 "Amending the Borough Code of Ordinances epEect ng Assembly Agenda Preparation Deadline@" (HeCshanl P 6 P CMIE. (b) Ord. 86-83 "Amending the Borough Code of Ordinances ' RestConflict of Interest to Permit Dual Service on the Assembly and Any Borough Board or Commission" (McOahan/Johnson) LCL AM 6 PUB LARKS CHTE. (a) Ord. 86.84 "Amending the Seward Urban District Toning AFRS CriipTer 21.78 Within the City of Seward" (Mayor) LCL i LANDS CM. (d) Ord. 86.85 "Promoting the Furtherance of Local Hire, Providing Certain Protections for Subcontractors, Reducing School Contruction Costs, and Providing for a Construction Ombudsm&W1 (Nash) LCL AFRS 6 P.W. K. CONSIDERATION OF RESOLUTIONS (a) Ma,_86.126 Oapoeing the Salary Cap initiative" (Carey) tb) �pIINNi�—LCe 8;'iiy %igppCCtjnitiaitvi'-(Valli) FINy6Involvement (c) Res. 66-129 "Establishing Procedures for Setting Prior- s ea for-1118 Upgrading of the State's SecondaryRoads and Rescinding Res- 85-179 (Substitute) (Mayor) LCL AFRS i P.W. CMTE. (d) Res._ 86-110 "Awarding a Contract to Professional Design ssoc a es for the Design of the Nikieki Emerg6ency Escape Route" (Mayor) FINANCE i PUB. WRKS. CMT6. Res. 86-131 "Requesting Yukon Pacific to Consider �� e as a Terminus for the Proposed Gas Pipeline (MeGaban/Mullen/Carey) LCL AFPRS. CMTE. 1 Res 8 -13 "Requesting the Administration Provide one Assistance to the Kachemak gay CUD Club in Locating a Specific Site for Rifts. Pistol. and Trap Facilities' (Skogetad) FINANCE 6 LANDS CMfE. ) Us. 66-134 "Requestinj Capital ttB rovament Priority (i Lists- —c�Lane) LCL APR LE() 1 sine ngl ommiestoe eo Prepares@ CompeehenaiwroFra for the Kenai River Corridor Outside Cities (081e) LANDS/LCL AFRS. CMTE. X L 1 i 4g� r. k L. PENDING i-RGISLATiON (thh ttj: iad�anlegot islationo hhihLeVmeetingsjdreeeed ar. a later la) Peninsula Boroughlishing code. for insNOW trructions-Speoitying the the i AcceptablerSide, (Brown) the PSTPND TOa11111186 Complete and , Ord. 66-47 Substitute "Establishing Bid Procedures to Require the Preeenco of the Public Works Director, the Finance Director, and the Boronfth Attorney or Hte Designee at ail Bid Contracts lot Mayor Bond isaue Pro)ecta Over id $500 000 to Determine Qualllicattoos of BSpecif and equiringMststrict c mpliancePSTPND with All Sid Specifications" (Vil telailSihde to ter totle9b) Reevnn2the Atoka (mayor) (t) 3r0890,1.gg14a41dUndia 6,.83.1032. 3.14. nd3.6antore Deleting Other provisions Contained in the Kenai peninsula Borough Code to Conform With Title 3" (Mayor) (TABLED) (d) Res. 85.161 "Approving8 the Terms of the Agreement Kenai peninsulaeand BorouR forcthe Aeaq isition andthe Right -of -Way on Sport Lake Road" (Mayor) POSTPONED M. FOB" PRESENTATIONSSWITH PRIOR NOTICE UPON SUBJECTS NOT ON To MEETING (a) Dave Hutchings, Sid Process to. PUBLIC COMMENTS AND ED IN gASSPEMBLIC PREE NTATIONS UPON MATTERS NOT 0. MAYOR'S REPORT P. OTHER BUSINESS (e) Approval of Election Boards for October 1, 1986 Q. ASSEMBLY AND MAYOR'S COMMENTS R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICE OF NEXT MEETING AND ADJOURNMENT (Oct- U. 1986) L t